Preamble
For the purposes of these General Terms and Conditions of Sale (hereinafter "GTC"), the Buyer and BASE BEAUTY DIFFUSION SAS are individually or collectively referred to as the "Party" or the "Parties." BASE BEAUTY DIFFUSION SAS sells products on its online sales site only at retail to end consumers. Therefore, purchases made on the Site are reserved for a clientele of non-professional individuals for their own use (or for gift-giving within the family circle). Consequently, the Buyer, prior to placing an Order, declares that the purchase of products on the Site is not directly related to a professional activity and is limited to strictly personal use. BASE BEAUTY DIFFUSION SAS may cancel or refuse any Order that does not correspond to a retail sale under the conditions provided in Article 3.4 of these GTC.
The purpose of these GTC is, on the one hand, to inform any potential Buyer about the conditions and procedures under which the seller (hereinafter "BASE BEAUTY DIFFUSION SAS" or the "Seller") proceeds with the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by BASE BEAUTY DIFFUSION SAS to the consumer (hereinafter the "Buyer"). They apply, without restriction or reservation, under the conditions set out in these GTC, to all sales of products offered by BASE BEAUTY DIFFUSION SAS on its Site accessible via the Internet at the address www.basebeautyshop.com. The GTC are accessible at any time via a link at the bottom of the Site and on the order validation page. BASE BEAUTY DIFFUSION SAS invites the Buyer to download and keep them. Before payment and to validate the Order, the Buyer must read and accept, by checking a box, the GTC made available in a form that allows conservation and reproduction. BASE BEAUTY DIFFUSION SAS reserves the right to modify these GTC at any time and without notice. However, the GTC applicable to the Order are those accepted by the Buyer at the time of placing the Order. These GTC are supplemented by the General Terms of Use of the Site as well as the "Personal Data and Cookies" policy.
Name: BASE BEAUTY DIFFUSION SAS
Address: 125 avenue Maurice Berteaux 94420 LE PLESSIS TREVISE FRANCE
RCS CRETEIL 953 321 197
SIRET: 95332119700014
VAT: FR83953321197
3.1 Prices
The sale prices of products online on the BASE BEAUTY DIFFUSION SAS Site, indicated in euros, are those in effect at the time of the Buyer's Order. The sale prices of products may be changed by BASE BEAUTY DIFFUSION SAS at any time before the Order. This modification will be notified to the Buyer before any Order. Prices are applicable in the context of distance selling. These prices do not include shipping costs, billed in addition to the price of the products purchased. Shipping costs will be indicated before the Buyer's Order is recorded. The various shipping methods are provided below in the T&Cs and are recalled on the Site. They may be changed at any time by BASE BEAUTY DIFFUSION SAS, provided that this modification will not affect Orders already placed. BASE BEAUTY DIFFUSION SAS advises any Buyer to regularly consult the T&Cs on the Site. Prices include value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of the products sold by BASE BEAUTY DIFFUSION SAS on its Site, provided that this modification will not affect Orders already placed.
3.2 Product Characteristics
The Buyer can select one or more products from the various categories offered on the BASE BEAUTY DIFFUSION SAS Site. BASE BEAUTY DIFFUSION SAS may modify the assortment of products offered for sale on its Site at any time, particularly based on constraints related to its suppliers, without prejudice to Orders placed by the Buyer. In accordance with Article L. 111-1 of the Consumer Code, the Buyer can, before placing an Order, become aware, on the BASE BEAUTY DIFFUSION SAS Site, of the essential characteristics of the product(s) they wish to order.
3.3 Availability
The offers presented by BASE BEAUTY DIFFUSION SAS are valid as long as they are announced on the Site, within the limits of available stocks.
3.4 Order Article(s)
Before validating their Order, the Buyer has the possibility to check the details of their Order and correct any errors. They must also expressly accept the T&Cs, which they will be able to download and keep, by checking the box provided for this purpose. The distance selling contract is concluded from the moment the Buyer confirms their Order by clicking the "Pay" button. They are considered to have accepted with full knowledge of the facts the content and conditions of the Order in question, the fact that their Order implies an obligation to pay on their part, the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the Buyer. Once this step is validated, the Buyer cannot cancel their Order. The sale will be final. The Order will be confirmed to the Buyer, and an invoice summarizing their purchase will be sent to them by email. The Buyer is informed that emails are sent to the email address provided by the Buyer. Also, in the event of an error in entering the email address concerned or non-receipt of the Order confirmation and billing email for a reason not attributable to BASE BEAUTY DIFFUSION SAS, the responsibility of BASE BEAUTY DIFFUSION SAS cannot be engaged. In this case, the sale will be considered final, except in the case of cancellation of the Order by BASE BEAUTY DIFFUSION SAS, in particular due to unavailability of the products. BASE BEAUTY DIFFUSION SAS will be entitled to collect the full price corresponding to the Order. It is recalled that purchases made on the Site are reserved for a clientele of non-professional individuals for their personal use (or for gifts within the family circle). This is why BASE BEAUTY DIFFUSION SAS only sells its products in quantities corresponding to the average usual needs of a household. In accordance with Article L121-11 of the Consumer Code, and under the control of the judge in the event of a dispute, BASE BEAUTY DIFFUSION SAS may refuse or cancel for a legitimate reason any Order whose number of products or the amount to be paid (for one or more cumulative orders) would not correspond to the average usual use of a household, any Order that would suggest that an economic activity is carried out by the Buyer in connection with the products ordered, or more generally, any abnormal Order within the meaning of the applicable case law in this matter. Finally, BASE BEAUTY DIFFUSION SAS reserves the right to suspend or cancel any performance of an Order and/or Delivery, whatever its nature and level of execution, in case of failure to pay any amount due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the BASE BEAUTY DIFFUSION SAS Site, including on the occasion of previous Orders.
The Buyer must settle their Order on the Site under the conditions outlined below. The Buyer guarantees BASE BEAUTY DIFFUSION SAS that they have the necessary authorizations to use the payment method for their Order.
4.1 Payment Methods on the Site
4.1.1 Credit Cards
The credit cards accepted on the Site are as follows: CB, Visa, Mastercard. These credit cards must be issued by a bank or financial institution located in the European Union.
4.1.2 Stripe
At the time of payment, the customer will be redirected to the secure platform of Stripe, our payment service provider. The transaction will take place directly on the secure Stripe platform, where payment information will be entered. Any transaction made through Stripe is subject to Stripe's terms and conditions.
4.1.3 PayPal
The Buyer can also use their PayPal account to pay for their Orders. It should be noted that PayPal offers the possibility to make payments without necessarily creating a PayPal account. This option allows the Buyer to pay for the Order using their preferred payment method via PayPal, without requiring the opening of a PayPal account. Payment via PayPal is subject to PayPal's terms of use. BASE BEAUTY DIFFUSION SAS is not responsible for any malfunctions or problems related to the PayPal payment system. The Buyer is invited to consult the PayPal terms of use for any questions regarding this payment method.
4.2 Payment on the Site
Any Order implies payment. Orders are payable in euros, including all mandatory taxes and contributions. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
4.3 Security in Payment Operations
To ensure the security of credit card payment on the Site, the Buyer must transmit to BASE BEAUTY DIFFUSION SAS the visual cryptogram (CVV) on the back of the credit card used by the Buyer. In the context of combating fraud on the Internet, information related to the Buyer's Order may be transmitted to any third party authorized by law. Every Buyer has the right to access, rectify, and delete personal data concerning them and processed by BASE BEAUTY DIFFUSION SAS, in accordance with the conditions specified in Article 2 of the " Privacy and Cookies" policy. BASE BEAUTY DIFFUSION SAS uses a secure payment tool called "Secure 3D." The security of the payment relies on the authentication of the Buyer and the confidentiality of all data. To ensure this security, "Secure 3D" uses proven cryptography techniques and complies with various applicable banking regulations in France.
5.1 General Rules
The products ordered by the Buyer in accordance with these GTC will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order "Delivery Address."
Deliveries are made according to the conditions and countries offered by one of the partner carriers. It is important to note that BASE BEAUTY DIFFUSION is not strictly bound to follow the list of countries where carriers make deliveries. It reserves the right to add, modify, or restrict delivery in countries that suit it.
Currently, no delivery is made to the French overseas departments and territories (DOM-TOM), Overseas, or Polynesia. However, BASE BEAUTY DIFFUSION reserves the right to offer its delivery services in these regions or other countries in the future, according to its internal policy and available logistics possibilities.
In any case, if the address indicated by the Buyer is not serviced by BASE BEAUTY DIFFUSION, a warning message will be displayed when choosing a carrier.
5.2 Characteristics and Delivery Options
The products ordered by the Buyer in accordance with these GTC will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order "Delivery Address." The delivery address may be different from the billing address; this option will be proposed during the ordering process.
5.2.1 Delivery by COLISSIMO:
Colissimo offers several delivery options to meet customer needs:
Colissimo at home or workplace (without signature): The package containing the ordered and paid-for products is deposited in the mailbox at the Delivery Address indicated by the Buyer. The Buyer can also specify a professional address. If the mailbox is too small, the Buyer or the recipient of the Order will receive a notice to pick up the package at the location specified in it and within the specified time.
Colissimo Pick-up Point Relay:
With this option, the package containing the ordered items is sent to a Colissimo Pick-up Point Relay selected by the Buyer during the ordering process. The Buyer receives a notification when the package is available at the specified Pick-up Point. They can then go to that location with identification and the package tracking number to pick up the order within the specified time.
Colissimo at home or workplace (with signature):
The package will be handed over in person and will require the signature of the recipient to confirm receipt. In case of absence, the Buyer or the recipient of the Order will receive a notice to pick up the package at the location specified in it and within the specified time. This option incurs additional costs depending on the delivery country.
5.2.2 Delivery by MONDIAL RELAY:
When this option is selected during the order, the package containing the ordered and paid-for products is deposited at the pick-up point selected by the Buyer during the Order. The Buyer has the indicated time, from the receipt of the email indicating the availability of the package at the specified pick-up point, to pick it up. Retrieval is only possible upon presentation of identification and the signature of the Buyer or the recipient of the Order. After this period, the package is returned to BASE BEAUTY DIFFUSION SAS. In this case, the Buyer will be reimbursed the amount of the Order, minus return delivery costs, using the same payment method as for the purchase.
The signature affixed by the Buyer or the recipient of the Order constitutes proof of receipt of the ordered products. No dispute regarding the delivery itself is possible, as the package can only be collected upon presentation of proof of identity.
5.3 Anomaly, damage, damaged package
5.3.1 General Provisions
The Buyer or the recipient of the Order is invited to check the apparent condition of the package and the products upon delivery. In case of anomaly concerning the package (damaged package, open package, trace of liquid, ...) or the ordered product(s) - missing or damaged - the Buyer or the recipient of the Order is invited to follow one of the procedures described below (Articles 5.3.2 and 5.3.3 of these GTC, which correspond to different delivery methods). The Buyer is invited to follow the procedure for the return of damaged products as indicated by the Customer Service of BASE BEAUTY DIFFUSION SAS. BASE BEAUTY DIFFUSION SAS invites the Buyer to notify incidents and make reservations as soon as possible, especially in the case of home delivery by a carrier mandated by BASE BEAUTY DIFFUSION SAS, within 3 days following delivery to allow BASE BEAUTY DIFFUSION SAS to exercise its rights against the carrier.
5.3.2 Procedures
◦ 5.3.2.1 Delivery by Colissimo.
If the package is damaged and the delivery person is present: refuse delivery and immediately make all reservations regarding the detected anomaly clearly and in detail. These reservations can be indicated by the Buyer or the recipient of the Order on the delivery person's signed receipt. Take photos. Report the refusal to BASE BEAUTY DIFFUSION SAS Customer Service "sav@basebeautyshop.com." If the delivery person is not present: do not open the package. Return the unopened package to the Post Office within five working days of delivery. Establish a "spoliation report" with La Poste. Report the refusal to BASE BEAUTY DIFFUSION SAS Customer Service "sav@basebeautyshop.com."
◦ 5.3.2.2 Delivery by Mondial Relay.
Do not accept the package at the Pick-up Point. Report the observed damages or shortcomings and make all complaints and reservations at the Pick-up Point. Take photos. Report the refusal to BASE BEAUTY DIFFUSION SAS Customer Service "sav@basebeautyshop.com."
5.4 Delivery Times
Delivery times start from the Order Confirmation. They include a preparation time of 2 working days and then the carrier's standard delivery time to the home or relay point. Carrier deadlines are specified on their Colissimo and Mondial Relay websites.
In case of exceeding the deadlines not due to force majeure, and no later than 30 days following the order, the Buyer has the option to send a formal notice to BASE BEAUTY DIFFUSION SAS Customer Service "sav@basebeautyshop.com" requesting delivery within a reasonable additional period. Once this formal notice has remained without effect, subject to the provisions of Article L.216-6 II of the Consumer Code, a request for the cancellation of the Order must be sent by registered letter with acknowledgment of receipt to the coordinates indicated at the address of the registered office of BASE BEAUTY DIFFUSION SAS. The refund will be made on the payment method used for the Order, as soon as possible and no later than within fourteen working days, Monday to Friday excluding public holidays, following the date on which the Buyer exercised their right to obtain the cancellation of the Order.
6.1 Deadlines
In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of fourteen (14) working days: from Monday to Friday excluding public holidays, from the date of the Order or the day of receipt of the package containing the ordered products, to exercise their legal right of withdrawal without having to justify their decision. In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Orders relating to the supply of goods that have been unsealed after Delivery and that cannot be returned for reasons of hygiene or health protection. These provisions apply without prejudice to the guarantees provided for in Article 7 of these GTC, which remain fully applicable. The Buyer exercising their right of withdrawal under the conditions provided in this article in terms of the deadline and return procedures for the products, will be entitled to a refund of the returned products as well as the delivery costs (at the standard cost) of the Order, in accordance with Article L221-24 of the Consumer Code. The refund will be made using the payment method used for the initial transaction. In accordance with Article L221-23 of the Consumer Code, it is specified that BASE BEAUTY DIFFUSION SAS agrees to bear the return costs only from metropolitan France and made via the prepaid return label available in their online account, excluding any other method of shipping the products, the costs of which will remain the responsibility of the Buyer or the recipient of the Order. The Buyer or, where applicable, the recipient of the Order must inform BASE BEAUTY DIFFUSION SAS of their intention to withdraw within fourteen (14) days following the receipt of the Order by an unambiguous declaration or by using the withdrawal form model attached to these General Conditions of Sale. This information must be sent by mail to the following address: BASE BEAUTY DIFFUSION SAS 125 avenue Maurice Berteaux 94420 Le Plessis Trévise. In the event that the Buyer notifies BASE BEAUTY DIFFUSION SAS of their intention to withdraw even before receiving their package, it is informed that it is not technically possible for BASE BEAUTY DIFFUSION SAS to block the shipment of the products once their Order has been validated. The Order will then be shipped to the Buyer, and the Buyer agrees, in accordance with Article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of fourteen (14) days from this information provided to BASE BEAUTY DIFFUSION SAS, by postal mail (letter/parcel, etc.) as described below. No return is accepted in relay points. Returns are exclusively made by postal mail for Orders paid via PayPal or bank cards.
6.2 General Provisions Applicable to All Return Methods
The products must be returned to BASE BEAUTY DIFFUSION SAS in a condition suitable for new commercialization (products in perfect condition in their original packaging and accompanied, if applicable, by their accessories, instructions, etc.) within fourteen (14) days from the date on which the Buyer informed BASE BEAUTY DIFFUSION SAS of their intention to withdraw and at the latest within fourteen (14) days following their receipt. Returns of products sent beyond this period will not be accepted. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Voucher issued by BASE BEAUTY DIFFUSION SAS and the indication of the corresponding Order number facilitate the processing of the return by BASE BEAUTY DIFFUSION SAS. The Buyer or the recipient of the Order, if different from the Buyer, is therefore invited to use this Return Voucher. This Return Voucher is available from the Buyer's online account (by clicking on "Order," "My Returns and Refund" or by contacting BASE BEAUTY DIFFUSION SAS Customer Service "sav@basebeautyshop.com").
6.3 Specific Provisions Applicable to Returns by Mail:
The Buyer or the recipient of the Order who wishes to exercise their right of withdrawal by returning a product by mail must follow the instructions below:
- Use the original packaging of the product to return the relevant product(s),
- Send the mail using the prepaid Colissimo return label available in their online account or at their own expense by registered mail with acknowledgment of receipt to the following address: BASE BEAUTY DIFFUSION SAS, 125 avenue Maurice Berteaux 94420 Le Plessis Trévise.
BASE BEAUTY DIFFUSION SAS does not accept packages or letters sent carriage forward.
If the Buyer or the recipient of the Order does not demonstrate that they have effectively deposited the product with a carrier, any risk related to the return of a product is the responsibility of the Buyer or the recipient of the Order.
7.1. Legal Guarantees
All products for sale on the Site benefit from the legal warranty of conformity (as defined in Articles L217-3 et seq. of the Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the Civil Code). The professional responsible for the legal warranties of conformity and against hidden defects is BASE BEAUTY DIFFUSION SAS, whose contact details are as follows: BASE BEAUTY DIFFUSION SAS, 125 avenue Maurice Berteaux, 94420 Le Plessis Trévise. Damages resulting exclusively from a modification, repair, integration, or addition by the Buyer are excluded from warranty.
7.2 Implementation of Legal Guarantees
The consumer has a period of two years from the delivery of the goods to enforce the legal warranty of conformity in case of a defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its occurrence.
BASE BEAUTY DIFFUSION SAS retains full ownership of the products sold until the complete receipt of the total price, including principal, fees, taxes, and mandatory contributions.
The brand BASE BEAUTY DIFFUSION SAS, as well as all figurative or non-figurative trademarks, and all illustrations, images, and logos, and any content on the Site (including but not limited to the General Terms of Use and these General Terms of Sale), are and will remain the exclusive property of BASE BEAUTY DIFFUSION SAS or the relevant intellectual property rights holder. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, logos, or any other content on the Site for any reason and on any medium, without the express, written, and prior consent of BASE BEAUTY DIFFUSION SAS or the relevant intellectual property rights holder, is strictly prohibited. The same applies to all copyrights, designs, and patents featured and/or used on the Site.
BASE BEAUTY DIFFUSION SAS implements technical and organizational measures to ensure the security and confidentiality of its customers' personal information. However, the Buyer also plays a role in protecting their personal data. Specifically, the Buyer must maintain the security of their identifiers and passwords by not disclosing them to anyone and regularly changing their password. Any transaction conducted with the Buyer's identifier and password is, unless proven otherwise, considered confirmation of their identity and the amounts corresponding to their order become due. The computerized records, kept in the computer systems of BASE BEAUTY DIFFUSION SAS and its partners, such as carriers, will be considered as evidence of communications, orders, and payments between the Parties. The Parties agree that all data, information, files, and any other digital elements exchanged between them will constitute admissible, valid, enforceable evidence with the probative value of a private agreement. The Parties undertake not to challenge the admissibility, validity, enforceability, or probative value of the aforementioned electronic elements based on their electronic nature. Unless proven otherwise, these elements will be valid and binding between the Parties in the same manner, under the same conditions, and with the same probative value as any document established, received, or retained in writing.
For any questions regarding order tracking, returns, complaints related to an order, or additional information, BASE BEAUTY DIFFUSION SAS customer service can be contacted at "sav@basebeautyshop.com." Furthermore, in accordance with the provisions of the Consumer Code concerning the resolution of disputes, and in case of disagreement on an amicable settlement, the parties may refer the matter to the mediation service of the department where the headquarters of BASE BEAUTY DIFFUSION SAS is located, at the email address: mediation@valdemarne.fr.
12.1 Capacity
Prior to placing an order, the Buyer declares that they have full legal capacity to commit to these General Terms and Conditions of Sale. BASE BEAUTY DIFFUSION SAS is not required to verify the legal capacity of its visitors and buyers. Therefore, if a person without legal capacity orders items on the BASE BEAUTY DIFFUSION SAS website, their legal representatives (parents, guardians, etc.) would assume full responsibility for this order and would be required to settle the price.
12.2 Force Majeure
BASE BEAUTY DIFFUSION SAS's responsibility for the obligations under these General Terms and Conditions of Sale and an order cannot be engaged in the event that the non-performance of its obligations results exclusively from a force majeure event (acts of a third party other than a BASE BEAUTY DIFFUSION SAS provider, or acts of the Buyer, or others), as defined by Article 1218 of the Civil Code and specified by jurisprudence.
BASE BEAUTY DIFFUSION SAS collects personal data from the Buyer, as well as, if applicable, those of the order's recipient. The purposes, recipients, retention periods, and conditions under which BASE BEAUTY DIFFUSION SAS collects and processes personal data are presented in the "Confidentiality and Cookies" Policy of the Site. This policy provides detailed information on the processing of personal data and the rights of the individuals concerned with these processes. You can access the policy here.
14.1 Partial Invalidity
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such in accordance with a law, regulation, or a final decision of a competent court, the other provisions shall remain in full force and effect.
14.2 Non-Waiver
The fact that one of the Parties does not invoke a breach of any of the obligations under these General Terms and Conditions against the other Party shall not be interpreted for the future as a waiver of the obligation in question.
14.3 Applicable Law and Jurisdiction
Orders and the contract concluded between BASE BEAUTY DIFFUSION SAS and the Buyer are subject to French law, regardless of the Buyer's country of residence. Any dispute relating to the existence, interpretation, execution, or termination of the contract concluded between BASE BEAUTY DIFFUSION SAS and the Buyer shall be under the exclusive jurisdiction of the courts of CRETEIL (France - 94), even in the case of multiple defendants.
Annex 1
MODEL WITHDRAWAL FORM
Attention: BASE BEAUTY DIFFUSION SAS, 125 avenue Maurice Berteaux 94420 LE PLESSIS TREVISE.
E-mail: "sav@basebeautyshop.com"
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
- Ordered on [………..] (*) received on [………..] (*)
Name of the consumer(s): - Address of the consumer(s):
- Signature of the consumer(s) (only in case of notification of this form on paper)
-Date: (*)
Cross out unnecessary mention
We recommend specifying your email address and order number to facilitate the processing of your return.
In accordance with Article 2 of Decree No. 2022-424 of March 25, 2022, these provisions come into effect on May 28, 2022.