Maison de l'Argousier's General Terms and Conditions of Sale on the Internet

MAISON DE L'ARGOUSIER (hereinafter " MAISON DE L'ARGOUSIER ") is the publisher of the website operated under the domain name www.maison-argousier.fr (hereinafter " the Website ") and the seller of the cosmetic products sold on the Website.

MAISON DE L'ARGOUSIER is a SASU registered under the number RCS Bordeaux 919 836 247, with its registered office at 16 route de Pauillac, 33320 EYSINES.

1. Purpose of these General Terms and Conditions - Acceptance and modification

These Terms and Conditions apply to all sales concluded on the Website between MAISON DE L'ARGOUSIER and the Buyer.

They define the conditions applicable to sales as well as the conditions of use of the Website by Buyers.

Any purchase of products via the Website implies acceptance by the Buyer of the present Terms and Conditions.

This acceptance is formalized when the order is placed by a checkbox.

The Buyer is obliged to read these General Terms and Conditions of Sale carefully before placing any order. You can download them, print them and keep a copy.

2. Definitions

"Buyer" or "You": refers to any individual or legal entity acting as a consumer, non-professional* or professional, who uses or places an order for the purchase of Products on the Website. *According to the French Consumer Code, a non-professional is any legal entity not acting for professional purposes.
"Order": refers to the purchase order of a Product by a Buyer from MAISON DE L'ARGOUSIER via the Website.
"Customer Account": refers to the Buyer's space on the Website where the Buyer can find his personal information and the history of his purchases made via the Website.
"General Terms and Conditions of Sale": refers to the present document.
"Products": refers to all products offered for sale on the Website.
"Seller": refers to MAISON DE L'ARGOUSIER.

3. Product description and presentation

In accordance with articles L. 111-1 and L. 111-4 of the French Consumer Code, the Products offered for sale are presented on the Website with a description enabling the Buyer to know their essential characteristics, their price and conditions of sale as fixed by the Seller.

4. Buyer registration procedure - creation of Customer Account

To place an order, the Buyer must register on the Website.

You can register on the website either when you place your first order or by creating a Customer Account via the "Register" tab.

To register, the Buyer must identify him/herself by filling in the form provided for this purpose on the Website, and thus proceed to open his/her Customer Account.

Keep your information up to date: The information provided must be accurate and complete and be updated in case of changes as soon as possible. This information will be used by MAISON DE L'ARGOUSIER to communicate with You and in particular to confirm your orders.
In case of error on your part, MAISON DE L'ARGOUSIER cannot be held responsible if the information provided is incorrect (and in particular the contact email address) and if the statements made are erroneous.

Following registration, the Buyer will be given a login and associated password (" the Identifiers "), which he/she must use to access his/her Customer Account, where he/she will be able to manage his/her orders and communicate with the Seller.

Identifiers are strictly personal and confidential. The Buyer may not divulge them to a third party or transfer them. If necessary, it is the responsibility of the Buyer to generate a new password or to create new Identifiers. The Buyer must also immediately inform MAISON DE L'ARGOUSIER of any fraudulent use of his Identifiers in order to proceed, if necessary, to the deactivation of his Customer Account.

A confirmation e-mail is sent to the Buyer to confirm his registration.

Fermeture du Compte : L’Acheteur peut à tout moment fermer son Compte Client en envoyant un mail à l’adresse mail suivante : contact@maison-argousier.fr . Dans ce cas, MAISON DE L’ARGOUSIER procèdera à la fermeture de son Compte Client et lui adressera un courriel de confirmation. Conformément à la réglementation, la fermeture du Compte Client n’entraîne pas automatiquement la suppression de toutes les données afférentes audit Compte Client et notamment l’historique des Commandes passées qui pourra être conservé par MAISON DE L’ARGOUSIER à des fins de preuve et d’archivage.

For more information on this subject, please consult our Privacy Policy available on our website.

5. Ordering procedure

The steps to follow when placing an Order are as follows:
- Choose the Products they wish to order and the quantities required to fill their "shopping basket",
- Fill in the order form and/or the Customer Account creation form if the latter has not yet been created,
- Check the details of the Order and, if necessary, identify and correct any errors by using the modification tool provided for this purpose on the form,
- Choose the delivery method,
- Fill in or validate the delivery address,
- Take note of the applicable delivery rate and delivery time(s),
- Accept the present General Terms and Conditions of Sale by ticking the appropriate box,
- Validate the Order by clicking on the appropriate button,
- Follow the online payment instructions to pay,
- Confirm the Order and the payment order by clicking on the "Pay / Validate Order" button after validation of the basket.

The Customer will then immediately receive an electronic acknowledgement of receipt confirming the Order (subject to verification of the validity of the payment).

6. Delivery times, costs and location

The date or time of delivery and the availability of the Products will be specified to the Buyer when the Order is placed, before it is validated.

Les Produits commandés sont livrés directement par le Vendeur à l’adresse de livraison renseignée par l’Acheteur lors de la Commande, selon le mode de livraison retenu par l’Acheteur :
• Point Mondial Relay / Lockers
• DPD Predict contre signature.

Under article L.216-2 of the French Consumer Code: "All risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him takes physical possession of the goods."

Furthermore, in accordance with article L.216-3 of the French Consumer Code: "When the consumer entrusts the goods to a carrier other than the one proposed by the professional, the risk of loss or damage to the goods is transferred to the consumer when the goods are handed over to the carrier".

In the event of delay, the sale may be cancelled at the written request of the Buyer under the conditions set out in article L216.6 of the French Consumer Code.

At the time of delivery, the Buyer must check the nature, condition, quantity and, more generally, the conformity of the products delivered with the contents of the order. If, at the time of verification, it appears that the delivery does not conform to the order form, or that it has been damaged in transit, it must be refused and, above all, expressly reserved on the delivery note.

7. Legal warranty of conformity

The Products offered for sale are covered by the legal guarantee of conformity (articles L.217-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (article 1641 of the French Civil Code), enabling the Buyer to return defective or non-conforming Products to the Seller under the conditions stipulated by law.

These legal warranties apply independently of any commercial warranty granted.

Article D.211-2 of the French Consumer Code :

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, at no cost and without any major inconvenience to him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :

1° The professional refuses to repair or replace the good;

2° The goods are repaired or replaced within thirty days ;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;

4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.

Any period of immobilization of the product for repair or replacement suspends the remaining warranty period until delivery of the repaired product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

8. Product prices and payment

The prices of the Products are those in force on the day of the order as published on the Website.

Prices are shown in Euros and include VAT, but exclude delivery charges, applicable taxes, contributions and fees, which will be indicated when the order is placed.

The cost of delivery for each Product or Order will be added at the time the Buyer validates the Order.

Payments for orders are made in full using the online payment tool of MAISON DE L'ARGOUSIER's banking partner(s) visible at the bottom of each page of the website.

Payments by credit card are secured by an online payment system provided by the banking partners of MAISON DE L'ARGOUSIER. The banking information provided is neither recorded nor stored nor visible by MAISON DE L'ARGOUSIER.
In the event that payment is impossible, the Order will be immediately cancelled.

9. Right of withdrawal (not applicable to the professional Buyer)

En vertu des dispositions de l’article L221-18 et suivants du Code de la consommation, l’Acheteur bénéficie d’un droit de rétractation de 14 jours lui permettant d’annuler la commande sans avoir à justifier de motifs ni à payer de pénalité (formulaire de rétractation).

This right must be exercised directly with the Seller within fourteen days of receipt of the Product concerned.

A cet effet, l’Acheteur peut notamment utiliser le formulaire de rétractation mis à sa disposition (formulaire de rétractation).

Exception: the right of withdrawal cannot be exercised in the following cases:

- products likely to deteriorate or expire rapidly;
- products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

It is specified that :

- The day on which the contract is concluded or the day on which the goods are received is not counted in the period mentioned in article L. 221-18;
- The period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period;
- If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.

Products must be returned to MAISON DE L'ARGOUSIER at the address indicated by the latter.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) subject to the right of withdrawal will be reimbursed, with the cost of returning the Product(s) being borne by the Buyer.

The Product will be reimbursed no later than 14 days after receipt of the Product by the Vendor (or proof of shipment of the Product if proof of return is provided to the Producer before receipt of the Product) using the same method of payment as that used for payment, unless agreed by the Purchaser and at no additional cost.

10. Intellectual property

All trademarks, logos, corporate and trade names, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used to operate the Website and, more generally, all elements reproduced or used on the Website are protected by current intellectual property laws.

The Website is the exclusive property of MAISON DE L'ARGOUSIER.
Any use, reproduction, exploitation, representation, in whole or in part and on any medium whatsoever, for purposes other than private, without the consent of MAISON DE L'ARGOUSIER, is prohibited and punishable by law, including forgery.

11. Applicable law - Disputes

These General Terms and Conditions of Sale are governed by French law, subject to mandatory provisions that are more favorable in the consumer's country.

Any dispute will be brought before the competent courts in accordance with the rules of common law.

12. Mediation

The Buyer who is a consumer is informed that he/she may in any case have recourse to conventional mediation (C. consom. art. L 612-1 et seq.) or to any alternative dispute resolution method (conciliation, for example) in the event of dispute or litigation.

Mediation of consumer disputes does not apply to:
1° Disputes between professionals;
2° Complaints made by the consumer to the professional's customer service department;
3° Direct negotiations between the consumer and the professional;
4° Conciliation or mediation attempts ordered by a court hearing the consumer dispute;
5° Proceedings brought by a professional against a consumer.

The company MAISON DE L'ARGOUSIER adheres to the following mediation system to which the consumer may apply: CNPM-MEDIATION-CONSOMMATION 27 avenue de la Libération 42400 SAINT CHAMOND - https://www.cnpm-mediation-consommation.eu/
Furthermore, the consumer is informed that the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase in order to forward them to the competent national mediators.

This platform can be accessed at https://ec.europa.eu/consumers/odr.

13. Contact - Customer service - Complaints

Pour toute information, réclamation ou question relative au Site Internet ou à nos services, notre service client est à votre disposition aux coordonnées suivantes :
Courriel : contact@maison-argousier.fr
Tel : 07 87 86 69 96

14. Modification - updating of the GTCS

These General Terms and Conditions are subject to change. In this case, the Buyer will be invited to consult and accept the new version the next time he/she connects to the Website or places a new order. Should the Buyer not accept these modifications, he/she is free to unsubscribe from his/her Customer Account.

INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract without giving any reason within fourteen days.

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

Pour exercer le droit de rétractation, vous devez nous notifier à votre décision de rétractation du présent contrat au moyen d’une déclaration dénuée d’ambiguïté (par exemple, lettre envoyée par la poste ou courrier électronique) à l‘adresse suivante : LA MAISON DE L’ARGOUSIER 16 route de Pauillac 33320 EYSINES / Mail: contat@maison-argousier.fr

Le formulaire de rétractation est disponible ici mais ce n’est pas obligatoire.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you (4).

Vous devrez renvoyer ou rendre le bien, à l’adresse suivante : LA MAISON DE L’ARGOUSIER – 16 route de Pauillac – 33320 EYSINES – France sans retard excessif et, en tout état de cause, au plus tard quatorze jours après que vous nous aurez communiqué votre décision de rétractation du présent contrat. Ce délai est réputé respecté si vous renvoyez le bien avant l’expiration du délai de quatorze jours.

You will have to bear the direct cost of returning the goods.

You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.