The LA BOUCHE ROUGE Website is edited by LA BOUCHE ROUGE an SAS with capital of €107,500 registered in the Paris Company Register as number 825 073 091, with registered office at 10, rue de la Paix, 75002 Paris. Contact: firstname.lastname@example.org
Head of publication: Nicolas GERLIER
Host: Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226 - http://aws.amazon.com
Creative Agency: Petronio Associates
E-commerce platform: BigCommerce, Inc. 11305 Four Points, Austin, TX 78726 https://www.bigcommerce.com/
CONDITIONS OF SALE
Please read these General Terms and Conditions of Sale carefully before placing an order.
In these General Terms and Conditions of Sale “You” or the “Buyer” means any persons browsing the Website and/or ordering products from the Website. “We” or the “Vendor” means LA BOUCHE ROUGE, an SAS with capital of €107,500 registered in the Paris Company Register as number 825 073 091, with registered office at 10, rue de la Paix, 75002 Paris, represented by its Chief Executive Officer. The Buyer and the Vendor are referred to hereinafter together as the “Parties”.
These General Terms and Conditions of Sale govern any orders You place electronically, using the Website accessible from the domain name: http://www.laboucherougeparis.com/ (hereinafter the Website).
These General Terms and Conditions of Sale are permanently accessible on our Website. However, We reserve the right to adapt, amend or supplement them at any time. The General Terms and Conditions of Sale applicable to each purchase are those in force on the date the Buyer places the order.
In consequence, please would You first read the General Terms and Conditions of Sale every time You place an order.
Placing an order indicates that You have read and accepted the General Terms and Conditions of Sale without reservation. On confirmation of your order We will send You a confirmation email with a copy of the General Terms and Conditions of Sale attached.
ARTICLE 1 - YOU
The products and services accessible from the Website are strictly reserved to individuals.
By placing an order on the Website, You warrant that You have capacity to enter into a binding agreement with us.
In addition, You warrant the accuracy and completeness of the personal information You disclose to us when creating your account which is necessary for satisfactory processing of your order. We decline all liability for any failure in receipt of an order, its follow-up and/or its delivery should You notify erroneous or incomplete information to us.
ARTICLE 2 – OUR PRODUCTSDescription
We take the greatest care in describing the characteristics of our products and We have specifically worked on the reproduction of our colors to give You the most precise and accurate possible view of our know-how and our offer to You.
However, the computer equipment You use to consult our Website may slightly change the color of our products. You should consider this slight modification when placing your order.
In addition, the leather trim on your metal case is hand-crafted which may result in slight variations in the finishing. This does not constitute a fault, but on the contrary, makes your Product unique.
The optimum shelf life for our lipsticks is 12 months. Afterwards the texture may deteriorate over time.
Our cases and lipsticks are precious items which merit special care. Please would You follow the suggestions in our care information sheets so that You can enjoy them for as long as possible.Availability
All the products on our Website on the date of order are available, except those expressly marked as “out of stock”.
Although our stocks are updated in real time, there may be a time lag of several minutes when placing an order.
Exceptionally, if We observe that after You place your order, the product You ordered is temporarily unavailable, We will send You an email informing You of the additional waiting time for delivery of the product. You can then:
- either maintain your order for the product with the proposed new delivery deadline: the deadline will run exclusively from the first business day following receipt of your reply;
- or cancel the order exclusively for the product concerned.
You have 48 (forty-eight) business hours (excluding weekends and public holidays) from receipt of this email to confirm your choice. After this deadline, unless You cancel all or a part of your order by return of email, You are deemed to have accepted the new delivery deadline stipulated in our message.
Should You order several products, We offer You the option of receiving the entire order according to the deadline stated in our email or as partial deliveries. In any event, your contribution to the processing and delivery costs will be invoiced for one delivery only.
Should You request a refund for a temporarily unavailable product, You will receive it within 14 (fourteen) business days from your reply.
Products which are not out of stock will be delivered according to the applicable deadlines.
Use of the personalised lipstick color creation service is subject to your having a customer account and paying the cost of the service, as indicated in the Website.
Following creation of your account and the corresponding payment, We will ask You to download our application to your mobile phone and to upload a photograph of your choice. You must designate a specific pixel to confirm the color shade You have chosen. We then offer the makeup in the desired effect: matt, satin or gloss.
Your confirmation of the visual displays is valid as acceptance of the color You designed, recalling that slight variations may accept our perception of the color You send us (depending on the camera used) and your own perception of the reproduction of the color may itself be slightly affected by the type of screen You use. In consequence We ask You to please carefully check that the colour offered corresponds to your request before You confirm.
We draw your attention to the fact that colour perception is individual and is not a standardised science.
We would also remind You that colours perceived using your computer terminal are for guidance only. To gain an idea of the difference in the color You see, We suggest You photograph an object and compare the color of the object displayed on your computer screen with the same object lit by daylight inside a building.
We guarantee that the formula of the color created on the basis of your request will be allocated to You exclusively for the entire period of validity of your customer account: We will refrain from marketing the same colour formula to any other person, it being specified We reserve the right to market any similar but not identical formula which has not been exclusively allocated.
The formula for the colour of the lipstick ordered is recorded in your customer account so You can order refills of the corresponding colour produced at your request. Your customer account is retained for 18 months following the last order You place. If You do not place any orders for 18 months, You will be sent an email asking whether You wish to retain or delete your account. If You wish to delete your account, or in the absence of a reply within 30 calendar days, your account will be permanently deleted. We will then be free to market the colours that were allocated exclusively to You.
You can opt to personalise your lipstick case via the Website.
All designs engraved on leather are hand-crafted by an artisan. Therefore, slight differences may appear, making your case a unique item.
We reserve the right to reject any request for personalisation of your case that is defamatory, insulting, unlawful, discriminatory or which may cause reputational damage to La BOUCHE ROUGE.
The prices are stated in Euro (€) and dollars ($) and are valid in metropolitan France, Corsica and Monaco. They incorporate any reductions and the VAT applicable on the order date.
For exceptional promotions, the price is guaranteed up to the final validity date stated in the offer concerned.
For all products delivered outside the European Union and/or the DOM-TOM, the price is calculated automatically ex-tax in the invoice. Customs duty or other local taxes or import fees or State charges may be levied in some cases. Such charges and their amount are not the Vendor’s responsibility. These payments are charged to the Buyer and are the latter’s responsibility (declarations, payment to the competent authorities, etc.). In this regard, the Vendor recommends that the Buyer obtains information on such matters from the corresponding local authorities.
The prices stated do not include the delivery costs which are invoiced in addition to the prices stated on the Website and in any event, in the summary of your order before You make payment.
We reserve the right to change our prices at any time, it being stated that our products are invoiced at the tariffs stipulated on our Website when You place order.
ARTICLE 3 – ORDER
When browsing our Website, You can select a product by clicking on the button to add the Product to your shopping cart.
If You click on your shopping cart, a summary incorporating all the items in your order is displayed: the name of the products, their unit price, the number of units, the minimum delivery charge and the total price. You can review your order, add to it, change it or cancel it until the point of final confirmation.
If You have discount codes or purchase/gift vouchers, the corresponding amount will be automatically deducted from the invoice total once You enter all the information requested in the appropriate space.
Once You have completed your selection of products, You can place your order by confirming it using the button provided for this purpose.
A new page will then open requesting You to:
- fill in your user name (email address) and your password if You have an account on the Website;
- register with the Website.
After confirmation of your registration or recognition of your personal account, various delivery options will be offered with the associated tariffs.
Once You have confirmed the delivery method, a summary of your order will then set out all the relative information, that is notably the products You have ordered, the quantities, the unit price, the delivery cost according to the selected option, the delivery and billing details, the delivery address and the billing address.
On confirmation of this information, You will be asked to make payment for your order via our payment service provider’s server. The server uses S.S.L. (Secure Socket Layer) encryption. Your bank details never pass through our own computer system.
Your order, combined with the personal information You have disclosed to us, is recorded on our Server. The Parties agree this information constitutes proof of the transaction between the Parties.
Once the order is confirmed and your payment has been validated according to the above procedures, a printable and recordable summary of your order is displayed stating notably the order references.
An email confirming your order is sent to You within 24 business hours, to the address You have provided. It will include the following information:
- your identity and your contact details;
- a reference to the order recorded at the time You placed the order;
- a summary of the order and the essential product characteristics;
- the delivery deadlines, costs and possible restrictions;
- any discounts, reductions or allowances;
- the total order value, including tax,
- confirmation of payment.
These General Terms and Conditions of Sale are reproduced as an attachment.
You formally accept use of the email as confirmation of the content of your order. Invoices will be sent on delivery.
If You think the summary does not correspond to your order, please inform us promptly by contacting our customer services department using the contact details given in article 11 below. So We can identify your order, You will be asked to quote the order number.
To protect ourselves from abusive practices by fraudsters, and if We suspect the fraudulent nature of any order, We reserve the option to request (prior to processing your order) You to submit supplementary documents (for example, proof of address and of debits, a copy of an identity document).
In the absence of your reply within fifteen (15) days of our request, the order will be cancelled and within fourteen days of expiry of the above deadline, We will refund Your order by crediting the account that was debited originally.
Proof of order
The Parties agree that the emails alone shall serve as the definitive reference between them including the automated recording of the transaction via your visit to our Website.
ARTICLE 4 – PAYMENT
We recall that confirmation of your order requires You to pay the stated price. You can pay for your orders using all the payment means offered on our Website.
Your order is prepared only after confirmation of a valid payment.
ARTICLE 5 – DELIVERY AND ACCEPTANCE
The products ordered are delivered to the postal address You provided in your order.
Products are delivered by the postal services or by a specialist service provider (depending on the case and/or the delivery options selected) (hereinafter the “Carrier”). In the event of delivery by a Carrier which requires making an appointment, the Carrier will contact You as soon as possible to agree on an appointment time. We decline all liability for delivery delays exclusively due to your unavailability, after several offers of an appointment with the Carrier.
In any event, pursuant to the legal provisions, in the event of a delay in delivery, You have the option of terminating the order according to the conditions and procedures in Article L 216-2 of the French Consumer Code, subject to the legal reservations (for example, ordering a personalised product).
If You received the product after cancellation of your order, We will refund the price of the product and the “outgoing” delivery expenses, according to the conditions of Article L 216-3 of the French Consumer Code.
Please would You inform customer services as promptly as possible (using the contact details given in article 11 below) of any delay in delivery, so We can check the cause and, if applicable, take appropriate action.
Each delivery is deemed made as soon as the products ordered are made available to the Buyer by the Carrier.
It is your responsibility to check the conformity and completeness of the products You ordered on receipt.
If the transportation packaging show signs of impact and/or damage, You must notify this in writing on the Carrier’s delivery slip, request the latter for an acknowledgement of your reservations and then confirm the reservations by registered letter sent to the Carrier within three (3) days following receipt of the order, sending us a copy of your complaint.
In the absence of any reservation expressly made to the Carrier under the foregoing conditions, You will be deemed to have received the products in perfect condition, it being specified that the absence of any reservations means We cannot take any action against the Carrier.
ARTICLE 6 – LEGAL GUARANTEE
Pursuant to the legal provisions, We guarantee product conformity and the absence of hidden defects (the legal texts are given in Appendix I of these conditions).
In this regard, to be conform to the agreement, the product delivered must:
1) Be fit for the normal intended use for a similar item and, if applicable:
- correspond to the description We provided and possess the qualities We stated;
- present the qualities You can legitimately expect having regard to our public declarations, notably in advertising or labelling.
2) or present the characteristics defined by joint agreement of the Parties or be fit for any special use You require, subject to You having informed us accordingly.
Also, pursuant to article 1641 of the French Civil Code, We are bound to guarantee any hidden defects in the item sold which make it unfit for its intended use, or which reduce its use to such an extent that You would not have bought it, or would have bought it only at a lesser price, had You known of the defect.
In consequence, We will refund or exchange products considered non-conform or which incorporate a hidden defect, according to Your preference.
In this case, please would You send an email notifying us of the nonconformity and/or the hidden defect You have observed.
If You request a refund, this will be made on receipt of the unused products in the condition in which You received them, with all other items (accessories, instructions, etc.) in the original packaging or in packaging which guarantees transportation under satisfactory conditions.
We will not accept packages sent cash on delivery. The delivery costs will be refunded at the tariff invoiced and the return costs will be refunded on presentation of documentary proof.
You will bear any risks linked to the return of Products.
Pursuant to article L 211-12 of the French Consumer Code and article 1648 paragraph 1 of the French Civil Code, You have a period of 2 (two) years from the date of taking possession of the item in the event of non-conformity, or from discovery of the hidden defect, to exercise one and/or other of these actions. Any complaint made after the deadline of 2 (two) years will be rejected.
ARTICLE 7 – RIGHT OF WITHDRAWAL
We draw your attention to the fact that, according to the applicable legal provisions, personalised and/or made to measure products do not give entitlement to a right of withdrawal.
Also, for reasons of hygiene, packs which have been opened may not be returned to us.
For other products, You have a cooling-off period of fourteen (14) days from the date You, or a third party designated by You other than the Carrier, received the goods, to return the products ordered, without stating any reason for your decision or paying any penalty, except for the direct return costs which are your responsibility.
You must complete the model withdrawal form in Appendix II and send it to the following address, by registered letter with return receipt: Bâtiment Helios
LA BOUCHE ROUGE 185, Avenue de Verdun 45804 Saint Jean de Braye
On receipt, We will acknowledge receipt of your request by sending an email or a registered letter with return receipt.
You will then have a period of fourteen (14) days to return to: Bâtiment Helios
LA BOUCHE ROUGE 185, Avenue de Verdun 45804 Saint Jean de Braye
the whole product(s), unused, in their original inner packaging and insofar as possible, accompanied by their original outer packaging plus a return form and a copy of the invoice. If the foregoing deadline falls on a Saturday, Sunday or a public holiday or non-working day, it will be extended to the following business day.
Should You fail to return the products within fourteen (14) days from the day of actual receipt of the order, the order is considered final and no refund will be made, except in the situations stipulated in these General Terms and Conditions of Sale.
We undertake to refund all amounts paid according to the payment method You selected, within a maximum of fourteen (14) days from exercise of your right of withdrawal.
The refund of this amount will be deferred until recovery of the goods returned.
For any supplementary information on the extent, contents and instructions on your right of withdrawal, please contact our customer services department using the contact details given in Article 11 below.
ARTICLE 8 – PERSONAL DATA - PRIVACY
We pay great attention to protecting the privacy of your personal data and We recommend that You read ourPersonal Data - Privacy Charter.
Pursuant to the French “Data Protection Act” of 6 January 1978, You have a right to access and rectify information concerning You which You can exercise by contacting our customer services department using the contact details given in Article 11 below.
You may delete your account at any time: this action will result in deletion of any data concerning You except those which must be retained under a legal obligation, notably your invoices.
You may also, for lawful reasons, object to the processing of your personal data. In this hypothesis We cannot fulfil your order.
ARTICLE 9 –INTELLECTUAL PROPERTY
La Bouche Rouge is a registered trademark and the trademark, in the same way as the Website contents, are our exclusive property. No use under any whatsoever title may be made of our intellectual property rights without our prior written agreement.
ARTICLE 10 –LIABILITY
The products We offer comply with French legislation in force.
On the other hand, We do not guarantee that our products will comply with the legislation of the country of delivery of our products. In this regard, it is your responsibility to check with the authorities regarding the legality of importing and/or using the products You propose ordering.
Placing an order on the Website implies that You have read and accepted the procedures in force on Internet, notably concerning technical performance, response time, connections, questions or transfer of information, risks of cut-off or of contamination by a virus on the network and in general, all risks linked to the use of Internet.
We decline all liability for any direct or consequential damage caused by your connection to Internet, your connection to the Website and the security measures You have installed on your information technology equipment which remains under your sole and entire responsibility.
ARTICLE 11 – MISCELLANEOUS PROVISIONS
This agreement is governed by French law. The language of this agreement is French. In the event of any dispute the French courts shall have sole jurisdiction.
Mediation of consumer disputes
For any complaint You can contact our customer services department at the following address: email@example.com
In addition, pursuant to the French Consumer Code on the amicable settlement of disputes, We subscribe to the Mediator Service "Pursuant to article L. 152-1 of the Consumer Code, You can make free recourse to the MEDICYS mediation service by email: https://app.medicys.fr/?proId=ea1b727a-f8db-4f27-8f5f-cd90ac1344ec
or by post: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS".
You may make recourse to the mediation service for consumer disputes concerning an order placed on our Website exclusively after following the initial written procedure with our customer services department which did not resolve the difficulties You encountered.
Online Disputes Resolution Platform
Pursuant to article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Disputes Resolution Platform, facilitating independent extrajudicial resolution of online disputes between consumers and professionals in the European Union.
This platform is accessible from the following link: https://webgate.ec.europa.eu/odr/
APPENDIX IArticle L. 217-4 Consumer Code
The vendor shall deliver goods which are conform to the agreement and is liable for any nonconformities found on delivery. It is also liable for any nonconformities caused by the packaging, the assembly or installation instructions if the latter are its responsibility under the agreement or were performed under its responsibility.
Article L. 217-5 Consumer Code
Article L217-12 Consumer Code:
The goods are conform to the agreement:
If they are fit for the normal intended use of a similar item and, if applicable:
- correspond to the description given by the vendor and possess the qualities the latter presented to the buyer in the form of a sample or model;
- present the qualities that a Buyer could legitimately expect having regard to public statements made by the vendor, the producer or its representative, notably in advertising or labelling;
Or if the goods possess characteristics defined jointly by the parties or are for a specific special use required by the buyer, notified to the vendor, which the latter has accepted.
Article L. 217-16 Consumer Code:
The action deriving from nonconformity is prescribed two years from delivery of the goods.
If, during the period of commercial guarantee granted to the buyer at the time of purchase or repair of a movable, the buyer requests the vendor to make a repair under guarantee, any period of non-use of at least seven days being is then added to the duration of the remaining guarantee period. Said extension commences from the request for the repair works by the buyer or the making available for repair of the good concerned, if this post-dates the request for repair works.
Article 1641 Civil Code
The vendor is bound by the guarantee of hidden defects in the item sold which render it unfit for its intended use, or which reduce said use to such an extent that the Buyer would not have acquired it, or would have only acquired it at a lesser price, if the defect had been known.
Article 1648 paragraph 1, Civil Code
An action for redhibitory defects must be brought by the buyer within two years from discovery of the defect.
APPENDIX II – WITHDRAWAL FORM
Please complete and return this form exclusively if You wish to withdraw your order placed on “domain name” (products sold and delivered by LA BOUCHE ROUGE) – without prejudice to exclusions or limits on the exercise of the right of withdrawal according to the General Terms and Condition of Sale.
For the attention of LA BOUCHE ROUGE “Address”
I hereby notify You of my withdrawal from the agreement for the sale of the item / for provision of the service(*) below:
Ordered on …………………..
Received on ……………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of customer: ………………………………………………………………..
Address of customer: ………………………………………………………………..
Signature of customer (exclusively if the form is completed in printed format):
(*) Delete if inapplicable