| General Conditions |
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The General Conditions of Sale set out below must be read carefully and duly accepted before any orders are placed on the www.biotherm.co.uk website
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 1. The website
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| The Biotherm UK website (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at www.biotherm.co.uk. It is open to all Internet users (hereinafter, the "Internet User"). It is produced by L'Oréal Produits de Luxe France (hereinafter "L'OAPLF"), a French Société en nom collectif (general partnership) with a capital of EUR 63,165. Its registered office is located at 29 rue du Faubourg Saint Honoré, 75008 Paris, and it is registered with the Paris Trade and Companies Registry under No. 314 428 186.
The Website enables L'OAPLF to place cosmetics and perfumes (hereinafter the "Products") on sale to Internet Users who visit the Website (hereinafter the "Website Users"). For the application of these General Conditions of Sale, it is agreed that the Website User and L'OAPLF shall be jointly referred to as the "Parties" and individually referred to as a "Party", and that Website Users who have validated an order shall be referred to as "Purchasers". Website Users' rights and obligations necessarily apply to Purchasers.
Products are intended for the personal use of Website Users, in no direct relation to their professional activity. In this respect, Website Users should note that their order must not exceed a total of five hundred £340. Moreover, a same Website User may only order a maximum of three (3) products with the same reference during a single sale and over a period of one (1) month. If the order exceeds the aforementioned amount and/or number, the order shall be invalid.
The Products ordered by Website Users shall be exclusively delivered in the United Kingdom, with the exception of Jersey and Guernsey. The orders for which a P.O box delivery address has been chosen cannot be proceeded.
Website Users who wish to purchase via the Website declare that they have full legal capacity and are aged 18 or over.
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sale, without said acceptance being contingent on the Website User providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of the Electronic Commerce (EC Directive) regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the recording and validation of the order form, as specified in Paragraph 4 "Order Terms and Conditions" below, constitutes the placing of an order between L'OAPLF and Website Users for the purchase of the ordered products.
The purpose of these General Conditions of Sale is to define the Parties' rights and obligations that arise from the online sale of the Products offered on the Website from France, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. These General Conditions of Sale determine all the steps required to place an order, as described in Paragraph 4 "Order Terms and Conditions" and ensure the follow-up of the said order between the parties.
The General Conditions of Sale in force may be consulted at any time by clicking on the link.
L’OAPLF may update these General Conditions of Sale at any time.
These General Conditions of Sale apply to the exclusion of all other documents. |
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2. Products
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| The Products L'OAPLF offers for sale are those listed on the Website, on the date the Website User consults the Website, within the limit of available stock and subject to the conditions laid down in Paragraph 1, and under the following restrictions: due to transportation constraints, aerosols are not available for sale; products containing alcohol (perfumes) are limited to a volume of 200ml per parcel.
The photographs that illustrate the Products do not fall within the scope of the contract and L'OAPLF's liability may not be incurred in connection with any such error.
While every effort is made to ensure that the shade of Biotherm products for which photos are displayed on www.biotherm.co.uk is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing colour using information technology. Consequently, L’OAPLF may not be held liable for errors or inaccuracies in photographs or graphics showing Biotherm products that are presented on www.biotherm.co.uk.
Product Availability Products are offered subject to availability. If a Product is not available, Website Users shall be informed thereof as soon as possible. Such information may be provided to the Website Users:
- when placing their order: a window appears and states that the desired product is temporarily unavailable. Website Users may then, if they so wish, enter their e-mail address in order to be informed as soon as the Product becomes available again.
- following the validation of their order: prior to delivery, via e-mail.
If payment has been made by credit/debit card, L’OAPLF will take the necessary steps with the Bibit Internet Payment banking group to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from the Purchaser's bank account
If payment has been made by cheque, L'OAPLF will refund the excess payment by cheque.
If a Product’s unavailability is discovered after order validation, Purchasers shall have the option of cancelling their order by requesting either the reimbursement of the amounts paid within a maximum of thirty (30) days after being debited, or exchanging the unavailable Product(s), by sending an e-mail request (Please see Contact-us section on the website – link).
L’OAPLF may not be held liable if products are out of stock or unavailable.
Retention of title
The Products ordered shall remain the property of L’OAPLF until full receipt of the price by L'OAPLF. If there is a payment incident or in the event of incomplete or partial payment, the purchaser undertakes, at the cost of the Purchaser, to return the Products received to L'OAPLF at the latter's first request.
However, on the effective date of delivery, the risks (in particular of loss, theft or damage) concerning the Products delivered are transferred to the Purchaser. |
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3. Prices and Payment
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| Prices
The prices of the Products are given in pounds sterling. They include the VAT applicable on the date of the order.
The price invoiced to the Purchaser is the price stated on the order confirmation sent via e-mail by L'OAPLF.
The prices given do not include the packaging and delivery costs, which will be invoiced in addition and specified to Website Users before the order is validated and when teh order is definitely validated. The shipping fees are £3.50 per order.
The Website User accepts L'OAPLF’s right to modify its prices at any time; however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
Payment
All payments must be made immediately over the Internet. Unless the server is unavailable, Website Users may, when their order has been validated, choose their mode of payment from the following:
- by card
Credit/debit card (Visa, Mastercard, Solo and Switch). Website users will enter their card number, the expiry date, the name of the cardholder and the 3-digit safety code on back of the card (Visa and Mastercard only), the card issue date (Solo and Switch only);
- by cheque
The cheque, along with a copy of the order, must reach Biotherm’s Customer Service Department within 8 days:
L'OAPLF - Biotherm
Service client [Customer Service Dept]
BP 217
45144 St Jean de la Ruelle Cedex
Orders may be cancelled before the cheque is sent by e-mail or by phoning the following Indigo number: 0000000. L'OAPLF reserves the right to refuse all orders or deliveries if the limits stated in Section 1 above are exceeded, if there is an existing dispute with the Purchaser, in the event of total or partial failure to pay for a previous order by the Purchaser, if credit/debit card payment authorisation is refused by the banking organisations, or in the event of total or partial failure to pay.
As part of the fight against online fraud, information concerning orders will be checked by L’OAPLF’s designated payment partner: the BIBIT Internet Payment banking group. |
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4. Delivery
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| Delivery mechanisms and timescales
Orders paid for by credit/debit card and placed before 2pm on workings days are processed on the same day, or if after 2pm, on the following working day.
Orders paid for by cheque are processed within one week of reception of the cheque by L'OAPLF.
Orders are then dispatched by "Colissimo suivi" [French Post Office’s premium parcel service], which guarantees delivery within 48 hours. Orders cannot be delivered to Jersey and Guersney.
In any event, orders are despatched at the latest thirty (30) days as from the day following the validation of an order by a Website User.
The Products ordered by a Purchaser will be delivered to the address stated by the Purchaser on the order form or left at the Post Office local to the delivery address stated by the Purchaser, in the event that the recipient of the products is absent. In this case, the postman will leave a delivery note in the letter box of the said recipient advising him/her to collect their parcel from their local post office during working hours, within two (2) weeks.
Delivery problems
L'OAPLF refuses all liability in the event of overly long delivery time caused by the postal services, as well as in the event of the loss of the Products ordered or a postal strike. All transport risks will be borne by the Purchaser. If a delivery is late, the Purchaser must inform the Biotherm customer service department as soon as possible, by e-mail (section Contact us Section – link) or by telephone to (telephone no) between 9am and 6pm Monday to Friday (cost: €0.12 /min). L'OAPLF will then contact the post office to request an investigation which may take some time. Moreover, ownership of the Products orders will not be transferred to the Purchaser until full payment of the invoice has been received, inclusive of delivery charges.
Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchasers on the form presented to them when the parcel is delivered and must imperatively be notified to the Biotherm customer service department, by e-mail (see Contact-us Section – link) or by telephone [telephone number] between 9am and 6pm Monday to Friday (cost: €0.12 /min). All claims filed more than 7 working days after the day of receipt will be rejected and L'OAPLF will be released from all liability.
OPALF refuses all liability if a product is lost, sent to the wrong address or delivered late, inasmuch as transports risks have been accepted and will be borne by the Purchaser. |
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5. Withdrawal right
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| Product(s) with which the Purchaser is not satisfied
If Purchasers are not satisfied with the Product(s) ordered, they have a period of seven (7) working days in which to return it/them, at their own expense, effective from the date of receipt. The Product(s) must be returned in their original form and packaging, and accompanied by the slip on the bottom of the invoice or delivery note to the following address: L'OAPLF – Service Client Biotherm - BP 217 - 45 144 Saint Jean de la Ruelle Cedex.
L’OAPLF does not accept parcels with carriage due.
All risks linked to the return of Product(s) shall be assumed by the Consumer.
If the aforementioned conditions are fulfilled, L'OAPLF will reimburse the Purchaser within a maximum of thirty (30) days for the amounts that correspond to the Product(s) purchased.
Non-compliant Product(s)
All non-compliant Products must be returned to L'OAPLF for exchange or reimbursement, in their original form and packaging, accompanied by the slip at the bottom of the invoice or delivery note, to the following address:
L'OAPLF - Biotherm
Service client
BP 217
45144 St Jean de la Ruelle Cedex
Carriage costs will be borne by L'OAPLF in the event that the decision to return Product(s) results from an error made by L’OAPLF.
L'OAPLF will then initiate the procedure to exchange or reimburse the defective or missing Product(s).
Upon receipt by L’OAPLF of Product(s) that are presumed to be non-compliant, L’OAPLF will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by L'OAPLF, the Purchaser will be reimbursed within thirty (30) days, for the amounts that correspond to the price(s) of the Product(s) acquired. |
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6. Protection of personal data
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| Providing personal information that is collected within the scope of distance selling is mandatory, as this information is needed to process and deliver orders, and to prepare invoices. Such personal information is strictly confidential. Failing to provide such personal information entails automatic rejection of the order.
In accordance with the French Law no. 78-17 of 6 January 1978 on information technology, files and freedoms, and teh UKData protection act 1998, the processing of personal information collected on the Website has been declared to the Commission Nationale de l'Informatique et des Libertés in France and to theOffice of Information Commisionner in the United kingdom. Website Users are entitled to access, modify, correct and delete data concerning them. In order to exercise this right, Website Users must send a letter by post to the Customer Service Department:
L'OAPLF - Biotherm
Service client [Customer Service Dept]
BP 217
45144 St Jean de la Ruelle Cedex
L'OAPLF also outlines the security measures taken by L'OAPLF to protect the Purchaser's details once the purchaser has given such details to L'OAPLF. The Purchaser can then make informed choices about the personal information he provides on the website. |
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7. Cookies
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| The Website uses cookies. Cookies are electronic files which are stored on the hard drive of the Website User's computer. The purpose of cookies is to indicate previous visits to the Website by Website Users. Cookies are only used by L'OAPLF for the purpose of personalising the service offered to Website Users. |
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8. Vis major
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| Neither Party shall be liable for the total or partial non-performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event).
Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of Internet, technical failures, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failures.
If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five working days of the occurrence or threatened occurrence of said event.
The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of fulfilling orders during the occurrence of a Force Majeure Event of vis major.
After one (1) month of interruption due to a Force Majeure Event, L'OAPLF may choose to cancel the order(s), in which case it shall reimburse the Purchaser where applicable. |
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9. Severability
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| If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope. |
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10. Whole agreement
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| These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In the event of a contradiction between these documents, the General Conditions of Sale shall prevail. |
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11. Applicable law and jurisdiction
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| These General Conditions of Sale and the contractual relations between L'OAPLF and the Purchaser shall be governed by the laws of England and Wales. |
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12. Biotherm Homme No.1 Worldwide*
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| *Euromonitor 2006. Premium market. 2005 value market share of 52 countries. |