Terms and conditions of sale
Introduction
The present General Conditions of Sale (hereafter the ‘GCS’) apply in an exclusive way between the company Polyflame Europe S.A.S. (hereafter ‘Polyflame’) and any customer (hereafter ‘Customer’) carrying out a purchase via the Internet Site https://www.takecare-beauty.com/ (hereafter the ‘Site’). Polyflame’s principal activity is the manufacture and marketing of beauty, hygiene and health products.
The CGV define the rights and the obligations of the parts within the framework of the sale of products by Polyflame on the Site. The CGV are the only applicable ones and replace all other conditions, except prior, express and written agreement of Polyflame. At any time, Polyflame reserves the right to adapt or modify certain points of the GCS, which will be immediately opposable and applicable as from their setting on line.
Article 1 – Contract
The contract is considered concluded between the parts at the time of the acceptance of the payment of an order by Polyflame.
By placing an order on the Site, the Customer confirms that he/she has read and accepted the version of the GCS in force on the day the order is placed.
By accepting the GTC, the Customer declares that he/she has the legal capacity to enter into a contract within the meaning of articles 1123 et seq. of the French Civil Code.
Article 2 – Products
The products displayed on the Site are available for sale, subject to sufficient stocks as set out in article 3.2 of the GTCS.
Polyflame places at the disposal of the Customer, as an indication, a descriptive card and photographs of the products proposed with the sale. The photographs of the products are noncontractual. The products are proposed with the sale for a given duration. Polyflame reserves the right to modify the duration of setting on sale of the offered products without that its responsibility cannot be committed.
In the event that a product is no longer available on the Site, the Customer is offered the possibility of requesting its reissue (via the ‘alert me to availability’ button). In this case, it is asked to identify itself on the site to receive an email of alarm in the event of resale of the aforementioned products. Polyflame reserves the right to decide the availability of the products according to the place of delivery (Metropolitan France and Corsica, DOM-TOM, international…) Polyflame chooses the products which it decides to republish or to make republish.
Article 3 – Ordering, availability and prices of products
3.1 Ordering
The orders are exclusively placed on the Site. Any order accepted by Polyflame will involve the sending to the Customer, on the address email informed by this last during the placing of the order, of an email of confirmation of purchase recapitulating the ordered products and the address of delivery. It is up to the Customer to make sure that the email of confirmation sent by Polyflame is not blocked by a device of filtering of the electronic mail. Polyflame could not be held for person in charge for the blocking or the erasure of the email of confirmation of purchase, whatever the device in cause.
Only the email of confirmation of purchase guarantees to the Customer the availability of the ordered product, subject to Article 3.2 above. Polyflame reserves the right to cancel an order in the case where the Customer would commit a fraud with the means of payment or any other penal offence, including after confirmation of the aforementioned order.
3.2 Product availability
Each order being the subject of a manufacture or a call for specific delivery by the partner of Polyflame, the latter can be confronted with the unavailability of a product, even after acceptance of the order. In this eventuality, Polyflame will inform the Customer as soon as possible by email or telephone and will propose to the Customer either to cancel its order, or to select a similar product (same price) by indicating the delivery period. In the event of cancellation by the Customer of its order and in accordance with articles L216-6 and L216-7 of the Code of consumption, Polyflame will refund the amount paid by the Customer at the time of the order within a maximum time of fourteen (14) working days (except weekend and public holidays) as from the decision of the Customer.
3.3 Prices
The prices displayed in euros on the Site are inclusive of all taxes and take into account the VAT rate in force on the day of the order. These prices are exclusive of delivery charges and are firm at the time of validation of the order by the Customer. In spite of all the care taken by Polyflame, it is possible that the prices posted on the Site contain errors. In this eventuality, Polyflame could not be held for person in charge for such errors and reserves the right to cancel any order comprising an error of price. In the event that the Customer’s currency of payment differs from the currency in which the prices are displayed on the Site, the Customer will be solely responsible for any exchange charges and other bank charges applied by his bank.
3.4 Delivery charges
The Customer contributes to the cost of delivery of the products ordered. The definitive amount of these delivery costs appears clearly and distinctly on the Site before the order is validated by the Customer and paid for. The amount of the delivery costs may differ depending on the volume of products ordered and the place of delivery (e.g. Corsica).
3.5 Price changes
The price applicable to a product is the price appearing on the Site at the time the order is placed.
Polyflame reserves the right to modify without notice the prices of the products appearing on the Site in the event of modification of the VAT rate, in the event of fluctuation of the costs of production, logistics or for any other reason.
3.6 Payment and invoice
The products and delivery costs ordered are payable directly and in full on the Site, as soon as the order is placed. The Customer expressly acknowledges that the communication of his/her bank card number at the time the order is placed constitutes authorisation to debit his/her account for the price of the products and delivery costs.
An invoice will then be established by Polyflame, accessible by the Customer since its account on the Site and addressed by email.
Article 4 – Delivery
Dispatch and delivery times are indicated on the description sheet for each product and reminded to the Customer when the order is placed. They are calculated in working days: Monday to Friday, excluding weekends and public holidays. Orders may only be delivered to Metropolitan France and Corsica.
4.2 Place of delivery
The order will be delivered to the address in mainland France or Corsica indicated by the Customer when registering on the Site and confirmed when the order is placed (for delivery to a different address, the delivery address fields must be filled in).
In the eventuality where the Customer wishes to modify the address of delivery after having placed his order, this one must send as soon as possible an email to the customer service of Polyflame to the following address: contact.marketplace@polyflame.com, by pointing out the number of the order, the product concerned and by specifying the new address of delivery before the order is dispatched. Polyflame reserves the right not to follow the request according to the progress of the order of the Customer. An email of confirmation or refusal will be sent to the Customer. All additional costs and expenses generated by the modification of the delivery address will be the exclusive responsibility of the Customer. Consequently, Polyflame will ask the Customer to regulate as a preliminary these possible expenses, before proceeding to the forwarding of the order.
At the time of the order, the Customer will have to provide Polyflame all useful information (fixed and/or mobile telephone number) and the description of the address of delivery (residence, building, number of flat, dimension of the staircases, doors and ways of access not allowing a normal access to the address of delivery) to make it possible the good progress of the delivery. In particular, the Customer will be required to measure the access passages to their home in order to confirm to the carrier that they are able to access the product ordered. Deliveries are made on the ground floor, except in the event of a health crisis. In the event of exceptional circumstances, such as a health crisis, letterbox delivery will be preferred.
Depending on the delivery method, the carrier may contact the Customer directly, either by telephone or by e-mail, to make an appointment to deliver the product to the address indicated by the Customer. The Customer commits himself being present the day of the delivery agreed with the conveyor. In the event of order made up of several parcels, Polyflame reserves the right to select the conveyor most adapted to this specific type of forwarding in order to guarantee the quality of the service of delivery, which can have a light impact on the delivery periods.
For certain products, ‘delivery without appointment’ is available. In this case, the carrier (Colissimo) will not make a delivery appointment with the Customer. The order will be delivered to the letterbox and a delivery certificate will be given to the Customer on request. However, if the Customer is absent at the time of the delivery driver’s first visit, a delivery notice will be left in the Customer’s letterbox to inform the Customer of the arrangements made following this absence. The parcel may then, at the carrier’s discretion, be dropped off at a relay point close to the delivery address indicated, be given to a neighbour or another delivery visit may also be proposed.
Neither Polyflame, nor the conveyor could be held responsible for an impossibility of delivering the ordered product(s) if the address of delivery communicated by the Customer is imprecise, incomplete or erroneous, or in the event of absence of the Customer at the time of the delivery. All costs (return of products, storage, hire of lifts or hoists, etc.) resulting from the Customer’s absence at the time of delivery, from the impossibility of delivery or from the Customer’s inaccuracy will be borne exclusively by the Customer and must be paid before any new delivery of the order.
Delivery to a relay point is available for certain products. The Customer is notified by email and/or SMS of the availability of the parcel(s) at the relay point. It is the Customer’s responsibility to consult this information and to take the necessary steps to collect their order within the time allowed. Any request for forwarding of the parcel(s), due to a storage time exceeded, will be exclusively the responsibility of the Customer. Polyflame, will give, exclusively an estimate to the Customer, for acceptance of these expenses. The Customer will have to pay the forwarding expenses if it wishes a forwarding of the parcel or will be refunded except carriage costs if it does not wish the forwarding of the parcel (cancellation of order).
At the time of delivery or receipt of the parcel at a relay point, it is the Customer’s responsibility to unpack the product(s) in the presence of the carrier (delivery), to check the conformity of the products and to make any reservations and claims that appear justified and to refuse the non-conforming product(s), without prejudice to the right of withdrawal and the legal guarantees from which the Customer benefits. Any reservations must be written precisely by hand by the Customer on the delivery note. The reservation entered by the Customer must indicate the nature of the damage or the nature of the error (examples of reservations to be entered: ‘refused, not in conformity with the order’, ‘refused, damaged product or package’) and must be dated and signed. In the event of damage (damaged product) or error (wrong product or wrong colour), the Customer must IMPERATIVELY refuse the product delivered at the time of delivery or receipt at a relay point and confirm his/her reservations within three (3) working days of the delivery date by email to the following address: contact.marketplace@polyflame.com. In the event of refusal of a product, the expenses of delivery return will be with the exclusive load of Polyflame.
4.3 Late delivery
In the event of delay of delivery, the Customer is invited to contact the Customer service of Polyflame in order to be communicated the modified delivery date. The Customer will be able to choose to cancel the order if the explanations and proposals formulated by the Customer service of Polyflame do not satisfy it, except if the delay in delivery results from a case of absolute necessity within the meaning of the Civil code and the jurisprudence of the Court of Cassation.
Article 5 – Right of withdrawal and order cancellation
As from the order and until fourteen (14) calendar days as from the delivery of the products, the Customer can exert his right of retractation near Polyflame, without having to justify reasons nor to pay penalties. In the event of exercise of the right of retractation, the Customer will have to inform Polyflame beforehand by email with the following address: contact@polyflame.com or via its space member on the Site. The email thus sent will constitute the effective date of exercise of the right of retractation of the Customer. The expenses of return remain with the load of the customer. Polyflame will act as an adviser in the choice of the conveyor. The Customer expressly renounces to send back any product without consulting Polyflame as a preliminary. In the event of exercise of this right of retractation within the time envisaged above, only the price of the product turned over and the expenses of delivery indicated in the order will be refunded. The costs and risks of returning the product will remain the sole responsibility of the Customer. Any product returned under this article must be in its original condition and complete (packaging, accessories, instructions, etc.) so that it can be resold. Any turned over product will have to be dispatched to the address indicated by Polyflame. Any product turned over incomplete or used will not be taken again under the right of retractation. Any refunding under this article will intervene within fourteen (14) working days following the date on which the turned over product is received by Polyflame. The cancellation of order within the framework of the right of retractation intervenes without expenses only if the product is not yet dispatched. For any cancellation after forwarding, the expenses of delivery will not be refunded.
Article 6 – Guarantees
Polyflame undertakes to supply products that comply with the applicable standards and scrupulously meets its obligations in terms of product safety.
All products for sale on the Site are covered by the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products free of charge.
However, all products modified, repaired or damaged after delivery to the Customer, or as a result of incorrect use or handling, are excluded from these warranties. All defects or non-conformities resulting from normal wear and tear or caused by a third party are also excluded from these guarantees.
The legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive and do not deprive the Customer of his right of withdrawal as defined in article 5 of the GTCS.
6.1 Legal guarantee of conformity
Any Customer who finds that the product is not in conformity with the terms of article L. 217-5 of the French Consumer Code may exercise the legal guarantee of conformity within a period of two (2) years from delivery of the product.
Its request must be addressed to the Customer service of Polyflame by email to contact@polyflame.com, accompanied by photographs and precise explanations on the nonconformity, being specified that the Customer is exempted from bringing the proof of the existence of the defect of conformity of the product during the six (6) months following its delivery.
When the legal guarantee of conformity is implemented, in accordance with articles L. 217-9 and L. 217-10 of the Consumer Code, Polyflame undertakes to take charge of the return of the product and undertakes :
– either to repair or replace the product by an identical product according to stocks available, with the choice of the Customer, unless this choice involves a manifestly disproportionate cost for Polyflame compared to the other modality, taking into account the value of the product or the importance of the nonconformity;
– or to refund the price of the product if its repair or its replacement proved impossible or presented a major disadvantage for the Customer, or if the replacement or the repair cannot be implemented within one (1) month as from the request of the Customer. In this assumption, refunding will intervene within fourteen (14) days after reception of the product by Polyflame.
6.2 Legal warranty against hidden defects
If the Customer becomes aware of a hidden defect within the meaning of Article 1641 of the French Civil Code, he/she may exercise the legal warranty against hidden defects within a period of two years from the discovery of the defect.
Its request must be addressed to the Customer service of Polyflame by email to contact@polyflame.com, accompanied by photographs and precise explanations on the nonconformity.
When the guarantee against hidden defects is implemented, Polyflame undertakes, according to the choice of the Customer and after evaluation of the reality of the defect :
– refund the full price of the returned product,
– or refund part of the price of the product if the Customer decides to keep it.
6.3 Customer information on spare parts
In accordance with article L.111-3 of the French Consumer Code, the Customer is informed that spare parts for products are available within a minimum of three (3) months, and within the limit of stocks available from the manufacturer. This time may vary considerably due to the nature and origin of the products marketed by Polyflame.
If he wishes to know the period of availability of the spare parts of a product, the Customer can make the request by contacting the Customer service of Polyflame.
Article 7 – Intellectual property
All elements of the Site, whether visual or audio, are the exclusive property of Polyflame and are protected by copyright, trademarks or patents. Consequently, any total or partial representation of the Site without the express authorisation of Polyflame is prohibited and constitutes an infringement.
Article 8 – Personal data
Identity and contact details of the data controller. The person responsible for processing the Customer’s personal data is POLYFLAME EUROPE, which can be contacted by post at 23 allée du 1er Mai 77183 CROISSY BEAUBOURG – France, or by e-mail at contact@polyflame.com.
Details of the Data Protection Officer. POLYFLAME EUROPE (Polyflame) attaches great importance to the protection of personal data, which is why it has appointed a Data Protection Officer in the person of Mr Daniel Boughanim, who can be contacted by e-mail at the following address: contact@polyflame.com.
Data collected. POLYFLAME EUROPE (Polyflame) may collect the following personal data concerning the Customer via the Site: surname, first name, email address, postal address, telephone number, etc.
Purposes of processing. POLYFLAME EUROPE (Polyflame) processes this data for the purposes of executing the order, providing the Customer with information about the Products and, subject to the Customer’s prior consent, sending the Customer information and commercial offers.
Recipients of personal data. Only authorised persons within POLYFLAME EUROPE (Polyflame) process the Customer’s data. In principle, this data will not be shared by POLYFLAME EUROPE (Polyflame). As an exception, it may be transferred to its IT and commercial service providers, listed in our confidentiality policy.
Retention period for personal data. The personal data collected is kept for the duration of the contract, and for 2 years from the end of the contract, by virtue of legal, fiscal, contractual and judicial obligations.
Transfer of data outside the EU. The Customer’s data is not transferred outside the EU. All service providers and subcontractors of POLYFLAME EUROPE (Polyflame) are located within the territory of the EU and are contractually bound, on the one hand, to ensure the confidentiality and security of the processing of the Customer’s personal data to which they have access and, on the other hand, to use such data only on the instructions of POLYFLAME EUROPE (Polyflame) for the purposes of the assignment entrusted to them.
Rights of the persons concerned. In accordance with European data protection regulations and the French Data Protection Act, the Customer has the right to ask POLYFLAME EUROPE (Polyflame) for access to personal data concerning him or her, for rectification or deletion of such data, for a limitation of the processing of data concerning him or her, for the right to object to such processing and for the right to portability of data concerning him or her.
In addition, in accordance with the French Data Protection Act, Customers have the right to define directives relating to the retention, deletion and communication of their personal data after their death.
How to exercise your rights. These rights can be exercised by mail addressed to : Polyflame Europe SAS (Polyflame), 23 ALLEE DU 1er MAI CS 31030 CROISSY-BEAUBOURG 77435 MARNE LA VALLEE CEDEX 2.
The right to lodge a complaint with a supervisory authority. Furthermore, should the Customer be unable to exercise the aforementioned rights with POLYFLAME EUROPE’s (Polyflame) Data Protection Officer, he/she may lodge a complaint with the CNIL, via the online complaint teleservice on the CNIL website: https://www.cnil.fr/, or by post by writing to : CNIL – Service des Plaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
Translated with DeepL.com (free version)
Information on the requirement to provide personal data. The provision of your personal data is a prerequisite for the conclusion of the contract. If you do not provide us with this information, we will not be able to validate or execute your order.
Article 9 – Liability
The sole liability of Polyflame in respect of an order or more generally in respect of the Customer is that set out in Article 6 of the GTC. Polyflame shall not be liable for any indirect, special or consequential damages arising out of or in connection with any order or for any reason whatsoever. Polyflame cannot be held liable in the event that the non-performance of its obligations is attributable to the unforeseeable or insurmountable act of a third party to the contract, or to a case of force majeure as defined by the Civil Code and the case law of the Court of Cassation or to an event beyond the control of Polyflame. Polyflame cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses. Polyflame’s obligation under the contract is an obligation of means limited to the processing of orders.
Article 10 – Polyflame Customer Service
For any information or question about the products or how to place or execute an order, the Customer may contact Polyflame :
– via the Site’s contact form.
– by email: contact@polyflame.com
– by post:
Polyflame Europe
After-sales service – online sales
23 ALLEE DU 1er MAI
CS 31030 CROISSY-BEAUBOURG
77435 MARNE LA VALLEE CEDEX 2
Article 11 – Applicable law
The GCS are subject to French law, as are all orders placed by the Customer on the Site.
Should any of the stipulations of the GTC prove to be unlawful, deemed unwritten or unenforceable, in particular due to a change in legislation, this shall in no way affect or modify the validity of any other stipulation of the GTC, and shall not release the Customer from the performance of its obligations.
Article 12 – Disputes
In the event of a complaint or dispute, the Customer is invited to contact Polyflame’s Customer Service directly in order to try to find an amicable solution.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Polyflame adheres to the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr.
After prior written application by the customer to Polyflame’s Customer Service Department at the above-mentioned address, the Mediation Service may be contacted for any consumer dispute which has not been settled. Details of how to contact the Mediator are available here.
In addition, the customer can submit any complaint on the dispute resolution platform put online here by the European Commission:
Failing amicable resolution of the dispute, the French courts shall have sole jurisdiction.
Article 13 – Evidence
In accordance with article 1368 of the French Civil Code, the parties intend to set the rules relating to admissible evidence between them in the event of a dispute. As such, the computerized registers, kept in the computer systems of Polyflame and, where appropriate, its partners in reasonable conditions of security, will be considered proof of communications, orders and payments between the parties, without prejudice to the possibility for the Customer to prove the contrary by any means legally recognized.