GENERAL TERMS AND CONDITIONS OF SALE
1. PURPOSE
The website www.back.puresignature.fr is published by 100% PUR ET NATUREL SAS, a simplified joint-stock company with its registered office at 9 rue du 11 novembre, 06370 Mouans-Sartoux, with SIRET number 89806471200018
The purpose of these general terms and conditions of sale is to set out the rights and obligations applicable between 100% PUR ET NATUREL SAS and any person visiting the website or placing an order for products via the website.
The Customer must familiarise themselves with these General Terms and Conditions of Sale prior to placing any order; they are available on the Website at all times. They can be accessed and printed at any time via a direct link at the bottom of the Website’s home page. Placing any order on the Website implies that the Customer is aware of and accepts all the provisions of the Terms and Conditions.
The contractual relationship between 100% PUR ET NATUREL SAS and the Customer is governed by the T&Cs.
2. PRODUCTS
The products offered for sale by 100% PUR ET NATUREL SAS are those displayed on the Website on the day the Customer visits the Website.
100% PUR ET NATUREL SAS makes every effort to update stock levels on the Website in real time. However, in the event of an error in the update, or in the event of the order being cancelled due to stock running out, 100% PUR ET NATUREL SAS shall not be held liable.
The content of the Website, such as photographs, graphics and all information and specifications illustrating and/or accompanying the products, is not contractually binding, a fact which the Customer acknowledges.
3. USE OF THE WEBSITE AND ORDERS
The Customer must be at least 18 years of age and must have full legal capacity to enter into a contract under these Terms and Conditions.
In order to place an order, the Customer must register on the Website by creating an account. To this end, the Customer must provide 100% PUR ET NATUREL SAS with the required information, as well as any information necessary for the fulfilment of the order and its delivery. This information enables 100% PUR ET NATUREL SAS to create the Customer’s account, to which the Customer will have access via a login code for which they are responsible, and which they must enter each time they wish to access their customer account.
The Customer is solely responsible for the accuracy of the information they have provided, in particular the bank details supplied to 100% PUR ET NATUREL SAS. The Customer is also solely responsible for maintaining the confidentiality of their username and password. They must contact 100% PUR ET NATUREL SAS immediately if they discover that their account is being used without their knowledge.
The Customer expressly authorises 100% PUR ET NATUREL SAS to access their account details.
The steps for making a booking on the Website are as follows:
– the Customer must select the product(s) they wish to order on the Website, which will be added to the basket;
– the Customer enters their personal details required to create or update their account: surname, first name, telephone number, postal address and email address; they then confirm their order and, by ticking the relevant box, declare that they have read the Terms and Conditions and agree to them;
– the Customer must choose secure payment by credit card. The Customer will be redirected to the online payment page, which meets the security standards required by the banking sector. The transaction system is provided by SOGECOMMERCE. The Customer then enters their bank details to enable payment of the amount corresponding to the order total;
– The order is then registered and 100% PUR ET NATUREL SAS sends the Customer an email containing the order reference and a summary of the order (product(s), price, quantity, etc.). In addition to having read and accepted them prior to placing the order, the Customer will receive, in this email, a link enabling them to access the Terms and Conditions, so that they can download and keep a copy.
100% PUR ET NATUREL SAS reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.
In the event that a Customer places an order for a product that is out of stock, 100% PUR ET NATUREL SAS will inform the Customer of the situation as soon as possible. The Customer may then cancel their order and receive a refund.
4. PRICES AND PAYMENT
100% PUR ET NATUREL SAS offers products for sale, the descriptions and prices of which are shown on the Website prior to the Customer placing an order.
100% PUR ET NATUREL SAS displays prices on the Website in euros, inclusive of all French taxes (French VAT and any other applicable taxes) but excluding postage, a contribution towards order processing costs and packaging costs where applicable.
The prices quoted by 100% PUR ET NATUREL SAS on the Website are those in force at the time of the order. However, 100% PUR ET NATUREL SAS is free to amend them at any time, either upwards or downwards.
The Customer shall provide 100% PUR ET NATUREL SAS with their bank details to enable payment of the amount due by credit card.
By providing their bank details, the Customer authorises 100% PUR ET NATUREL SAS to debit the Customer’s account for the full amount of their order.
The Customer is required to pay the full price of all products placed in the basket at the time of confirming their order. The amount paid shall not be regarded as a deposit or down payment.
100% PUR ET NATUREL SAS retains ownership of the products until full payment of the price has been made by the Customer.
5. RIGHT OF WITHDRAWAL
The Customer may cancel their order in accordance with the terms set out below.
The Customer has a period of fourteen (14) calendar days from receipt of the products to notify 100% PUR ET NATUREL SAS of their intention to exercise their right of withdrawal, by email to contact@puresignature.fr.
In accordance with Article L. 221-23 of the French Consumer Code, the Customer shall have a period of fourteen (14) days from the date of notifying 100% PUR ET NATUREL SAS of their intention to exercise their right of withdrawal to return, at their own expense, the product in its original packaging, in a condition that allows it to be resold as new.
All parcels must be returned to the following address, accompanied by the delivery note:
100% PUR ET NATUREL SAS, 9 rue du 11 novembre 06370 Mouans-Sartoux <TODO LOGISTICS PROVIDER ADDRESS>.
In accordance with the provisions of Article L.221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any product(s) that have been opened and/or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection.
Furthermore, the right of withdrawal cannot be exercised for a product that has been opened, is not in perfect condition, is damaged, soiled and/or incomplete (packaging, labels, etc.).
Where applicable, the Customer will be refunded the cost of the returned products and their delivery charges, within fourteen (14) days of 100% PUR ET NATUREL SAS receiving notification of the intention to exercise the right of withdrawal, provided that the product(s) have been received by 100% PUR ET NATUREL SAS.
Please note that no partial refunds will be made.
In accordance with paragraph 2 of Article L 121-21-4 of the Consumer Code, this refund period may be deferred until 100% PUR ET NATUREL SAS has recovered the product(s) or until the Customer has provided proof of their dispatch, whichever occurs first.
Refunds for returned products will be made exclusively by credit/debit card, using the same card used to pay for the online order.
6. STATUTORY WARRANTIES
6.1. It is the Customer’s responsibility to inspect the products upon receipt.
6.2. 100% PUR ET NATUREL SAS is bound by the statutory guarantee of conformity of the product in accordance with the provisions of Articles L.217-4 to L.217-12 of the Consumer Code and by the guarantee relating to defects in the goods sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
Where the Customer invokes the statutory guarantee of conformity:
– they have a period of two years from the date of delivery of the product in which to take action;
– they may choose between repair or replacement of the product, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
– they are exempt from providing proof of the existence of a lack of conformity of the goods during the 24 months following delivery of the goods.
The statutory guarantee of conformity applies independently of any commercial guarantee that may be provided by 100% PUR ET NATUREL SAS.
In the event of a lack of conformity in a delivered product, the Customer may return the non-compliant product to 100% PUR ET NATUREL SAS, in its original condition, with the original labels still attached and accompanied by the original packaging and the delivery note, after first notifying 100% PUR ET NATUREL SAS at the following address: contact@puresignature.fr. Failing this, 100% PUR ET NATUREL SAS will not repair or replace the returned defective product.
The Customer may choose to invoke the warranty against defects in the goods sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The provisions of Articles L.217-4, L.217-5, L.217-12 and L.217-16 of the Consumer Code, as well as Article 1641 and Article 1648, paragraph 1, of the Civil Code, are set out below.
6.3. Article L.217-4 of the Consumer Code
The seller shall supply goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the seller was contractually responsible for the installation or where it was carried out under the seller’s responsibility.
Article L217-5 of the Consumer Code
The goods are in conformity with the contract:
1° if it is fit for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities which the seller presented to the buyer in the form of a sample or model,
– if it possesses the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, in particular in advertising or on labelling,
2° or whether it possesses the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, which has been brought to the seller’s attention and which the seller has accepted.
Article L217-12 of the Consumer Code
The time limit for bringing a claim arising from lack of conformity is two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
Where, during the term of the commercial guarantee granted to the buyer upon the purchase or repair of movable property, the buyer requests the seller to carry out repairs covered by the guarantee, any period during which the goods are out of service for at least seven days shall be added to the remaining term of the guarantee
This period shall run from the date of the purchaser’s request for repair or from the date on which the goods in question were made available for repair, if such handover took place after the request for repair.
Article 1641 of the Civil Code
The seller is liable under the warranty for hidden defects in the goods sold which render them unfit for their intended use, or which so impair that use that the buyer would not have purchased them, or would have paid only a lower price for them, had they been aware of them.
Article 1648(1) of the Civil Code
Any claim arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
7. LIMITATION OF LIABILITY
100% PUR ET NATUREL SAS endeavours to ensure the Website is available 24 hours a day, 7 days a week. However, access to the Website may be interrupted due to maintenance work, hardware or software upgrades, emergency repairs to the Website, or as a result of circumstances beyond the control of 100% PUR ET NATUREL SAS. 100% PUR ET NATUREL SAS undertakes to take all reasonable measures to minimise such disruptions.
100% PUR ET NATUREL SAS accepts no liability in the event of the Website being unavailable, for any bugs that may occur, for any damage resulting from a fraudulent intrusion by a third party leading to a modification of the information on the Website, for minor errors relating to products, or for the inability to contact customer service and/or access the Website.
Customers acknowledge and accept that 100% PUR ET NATUREL SAS assumes no liability towards them for any unavailability, suspension or interruption of the Website and cannot be held liable for direct or indirect losses of any kind resulting therefrom.
The choice and purchase of a product is the sole responsibility of the Customer.
100% PUR ET NATUREL SAS shall not be held liable for any failure to perform the contract due to a force majeure event, or due to the consumer’s actions, or due to an unforeseeable and insurmountable event caused by a third party not party to the contract.
100% PUR ET NATUREL SAS shall not be held liable for any indirect damage resulting from the purchase of products on the Website.
8. FORCE MAJEURE
In the event of a force majeure event preventing the performance of these Terms and Conditions, 100% PUR ET NATUREL SAS must notify the Customer within fifteen (15) days of the occurrence of such an event, by email or by registered letter with acknowledgement of receipt.
In addition to those events usually recognised by the case law of French courts and tribunals, the following are expressly considered to be cases of force majeure or unforeseeable circumstances: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, adverse weather conditions, epidemics, disruption to transport or supply chains for any reason whatsoever, earthquakes, fire, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to marketing practices, computer failure, disruption to telecommunications, including wired or wireless telecommunications networks, and any other circumstance beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract in question may be terminated automatically without compensation, at the request of 100% PUR ET NATUREL SAS or the Customer.
9. FAILURE BY THE CUSTOMER TO COMPLY WITH THEIR OBLIGATIONS
In the event of a Client’s failure to fulfil any of the obligations incumbent upon them under these Terms and Conditions, 100% PUR ET NATUREL SAS shall be entitled to impose sanctions on the Client (such as account deletion or suspension, etc.), without prejudice to any legal action that 100% PUR ET NATUREL SAS may bring against the Customer.
10. PROTECTION OF PERSONAL DATA
The Website collects personal data relating to the Customer.
This data is collected in particular:
– when the Customer creates an account,
– when the Customer places an order.
The data collected is intended for use by 100% PUR ET NATUREL SAS. It is necessary for the processing and management of the products offered by 100% PUR ET NATUREL SAS to its Customers.
100% PUR ET NATUREL SAS is responsible for processing this data.
The Customer is informed that, in connection with this automated processing of information – in particular the management of Customers’ email addresses – 100% PUR ET NATUREL SAS has completed the necessary formalities with the ICO (the UK equivalent of the CNIL)
In accordance with the Act of 6 January 1978, the Customer has the right to access, rectify, amend and delete data concerning them. To do so, they need only submit a request by writing to:
– Email: contact@puresignature.fr
– Address: 9 rue du 11 novembre 06370 Mouans-Sartoux FRANCE.
The Customer undertakes to keep their personal data up to date. They further undertake to ensure that their personal data is accurate, complete and unambiguous. At any time, by logging into the Website using their username and password, they may access their Customer account containing all the personal data they have provided to 100% PUR ET NATUREL SAS
11. AMENDMENTS AND VALIDITY PERIOD OF THE T&Cs
100% PUR ET NATUREL SAS reserves the right to amend the T&Cs and the Website’s features at any time, in particular to take account of any legal, case-law, editorial and/or technical developments.
100% PUR ET NATUREL SAS will publish the amended T&Cs on the Website, stating the date of the update.
The amended T&Cs shall only apply to contracts entered into or renewed with Customers after the date on which they are published on the Website.
The T&Cs are valid indefinitely.
12. INTELLECTUAL PROPERTY
The Website is the property of 100% PUR ET NATUREL SAS, including the database, content, images, logos, videos, etc., which are protected by all intellectual property rights. Any reproduction, even in part, is subject to the prior written authorisation of 100% PUR ET NATUREL SAS.
All copyright, trade marks and other distinctive signs and intellectual property rights appearing on the Website shall remain the full and exclusive property of 100% PUR ET NATUREL SAS.
The Customer undertakes not to reproduce any elements of the Website, nor to copy and/or misappropriate, directly or indirectly, the concept, technologies or any other element of the Website. Any use contrary to all or part of the Website or any of its elements would constitute an infringement liable to result in civil and/or criminal proceedings and to expose the offending Customer to the penalties set out herein.
13. GOVERNING LAW – COMPETENT JURISDICTION
These Terms and Conditions are governed by English law.
The English courts shall have exclusive jurisdiction to hear any dispute between 100% PUR ET NATUREL SAS and the Customer, relating in particular to the formation, performance or interpretation of these Terms and Conditions.
14. PRODUCT RETURNS
– Please email us at contact@puresignature.fr, detailing the issue and the products to be exchanged or refunded.
– Once we have approved the return, please post the parcel to the following address: 100% PUR ET NATUREL SAS, 9 rue du 11 novembre 06370 Mouans-Sartoux, FRANCE <TODO LOGISTICS PROVIDER’S ADDRESS>.
– We will send you a code allowing you to place a new order for the products of your choice (you will only be responsible for the postage costs).
For obvious hygiene reasons, the product must not have been opened and must be in its original packaging. If this is the case, we will refund you within 14 days without any further action required on your part.
Please note that no partial refunds will be issued.