General terms and conditions of sale
These general terms and conditions of sale and use (hereinafter referred to as the “Contract”) are concluded between Poupon Paris, a SAS with a share capital of €8,000, registered with the Lyon Trade and Companies Register under number 877 912 659, with its registered office at 2 rue de Sèze 69006 Lyon, whose intra-Community VAT number is FR03877912659 (hereinafter referred to as “POUPON”), and any individual or legal entity, whether under private or public law, who has registered on the website www. poupon-cosmetiques.fr (hereinafter the “Site”) or having made a purchase on the Site, hereinafter referred to as “the Customer”. The Customer acknowledges having been informed, prior to placing his order and concluding the Contract, in a legible and comprehensible manner, of these General Conditions of Services and of all the information listed in Article L. 221-5 of the Consumer Code. Any purchase on the Site automatically entails acceptance of all of these conditions.
ARTICLE 1 : Definition
Customer: any person, physical or moral, of private or public law, who proceeds to the purchase of a product and/or who has a personal account on the Site.
Site Content: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
Order: means the process of selecting the Products that the Customer wishes to purchase and have delivered. An Order is finalized when Customer has selected the Products it wishes to have delivered, the delivery options and when it has paid the amount to be paid. Once the Order is finalized, it is processed by a logistics company that will ship the Products ordered in accordance with the terms of the Contract.
Contract: means the present general terms and conditions of sale and use and any special terms and conditions applicable to certain promotional operations. Consequently, the Customer renounces to take advantage of any contradictory document which would be opposed to the Contract, and which would be consequently unenforceable to POUPON.
Personal Data: means all the personal information related to the User that he/she provides during the Sales Order.
Internet User: any person or entity, of private or public law, connecting to the Site.
The Editor: POUPON Paris, SAS taken in its capacity of Editor of the Site.
Product: goods of any kind sold on the Website by the Editor to the Customers.
Site: website accessible at the URL wwww.poupon-cosmetiques.fr, as well as sub-sites, mirror sites, portals and related URL variations.
User : any person or entity using or registered on the Site.
ARTICLE 2 : Subject
2.1. The purpose of the Contract is to define the conditions under which Users can access the Site, place Orders and manage the relationship between POUPON and Users, including all the rights and obligations that result from it.
2.2 They apply to the relations between Users and between Users and POOPEN. Every User commits himself to respect, without restriction or reserve, the present GTC, whether he visits the Website or proceeds to an Order. The Contract is notified to the Users for acceptance before any Order on the Site.
2.3. POUPON is free to modify, at any time and without notice, the Contract, in order to take into account any legal, jurisprudential and/or technical evolution. POUPON will inform the User by any means, who must accept the new Contract.
In any case, the fact that the User continues to use the Site after the information of the modification of the Contract implies the acceptance of the modifications of the latter by the User.
Successive versions of the Contracts will be accessible from the Site.
2.4. The version of the Agreement that prevails is the latest version available on the Website.
2.5. The version applicable to an Order is the one in force on the date the Order is placed. Each new Order requires Customer’s acceptance of the Agreement, which Customer acknowledges and agrees to. If Users do not accept the Agreement or any subsequent modifications thereto, they must refrain from using the Web Site.
2.6. The User declares to have obtained from POUPON, prior to his Order, all the information about the Products and the delivery terms. He declares to be the only one responsible for the choice of the Products as well as their adequacy to his needs.
2.7. The User must be a duly represented legal entity or a natural person of legal age who has the legal capacity to place an Order on the Web site. Otherwise, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.
ARTICLE 3 : Price
All the prices presented on the Website are in Euros and include all taxes. POUPON reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of his Order.
ARTICLE 4 : Presentation of the items
The User is informed that photographs of the Products appear on the Site, which he can consult freely. POUPON guarantees that these photographs were taken in standard conditions for the sector in question, with the Products themselves. POUPON makes its best efforts to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (color of the Products in particular). POUPON cannot ensure that the Products will be exactly identical to the photographs, in particular because of the technical constraints of provision of the photographs on the Site. POUPON tries to present and describe its Products in the most precise way possible. Subject to providing a faithful presentation of the essential qualities of its Products, POUPON cannot guarantee the exhaustive communication of the entirety of the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact the Customer Service at the following address: hello@poupon-cosmetiques.fr
The User declares to be perfectly aware of the provisions of the present article, and expressly accepts not to engage the responsibility of POUPON in this respect, subject to the application of the imperative legal provisions (guarantee of conformity in particular).
ARTICLE 5 : Order
The User may browse the Site freely and without charge. In order to place an Order, the Customer selects the Products of his choice on the Website and adds them to his virtual basket. On the other hand, some personal data of the Customer are required for the good execution of the Order by POUPON. If the Client wishes, he/she can create a personal account allowing him/her to follow the history of his/her Orders on the Web site and to find the corresponding confirmations and invoices. Certain personal information is required to create a personal account, such as the Customer’s first and last name, address, cell phone number and e-mail address. The Customer is required to provide complete, up to date and accurate information, the responsibility of POUPON cannot be engaged for this reason. The Client is informed that some of the information requested is mandatory for the proper execution of the Sales Order, which the Client expressly acknowledges. The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges. Once the Sales Order has been finalized, POUPON will confirm the acceptance of the order by sending an e-mail to the Client at the address indicated when the Sales Order was placed. The Order is validated after the payment by the Client. POUPON will send an invoice to the Customer by email to the address indicated during the Order. The Client is advised to save or print the invoice and to keep it. In case of payment incident, refusal of the bank, expired bank card, incorrect data, etc. the Order is automatically cancelled, the Customer is immediately informed by email. POUPON commits itself to fulfilling the validated Orders, within the limits of available stocks. In case of unavailability of one or several Products after the Sales Order has been placed, the Client will be informed by email. The Client will be reimbursed the amount corresponding to the unavailable Products or will receive delivery when the Products concerned are once again in stock (except if they are permanently withdrawn from the catalog). The responsibility of POUPON cannot be engaged for any unavailable Product. POUPON is likely to modify at any time the assortment of Products offered for sale on the Site, without prejudice to the Orders placed by the Customer.
ARTICLE 6 : Delivery
Products are delivered to the address indicated by the client on the order form. Delivery charges will be indicated on the Web Site during the Sales Order process and must be accepted by the Client when the Sales Order is confirmed. They shall be indicated on a separate line from the price of the Products. It is expressly stated that delivery charges may vary according to the territory in which the Products are shipped, which the Client acknowledges and expressly accepts. The indicative delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. The indicative delivery times exclude Saturdays, Sundays and public holidays. In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the time limits specified during the Order process and before the validation of the said Order. The delivery times are also mentioned in the Order confirmation email sent to the Customer. Delivery times include the preparation and dispatch of the Order, as well as the time required to deliver the Products to the delivery address (the Customer’s postal address or a delivery point). If no delivery time is indicated on the Web Site, POUPON commits itself to deliver the Products within a maximum delay of thirty days from the date of the Sales Order confirmation email sent to the Client by POUPON. However, since POUPON relies on external service providers (logisticians, carriers, postal services, etc.) to ship the Products, POUPON is totally dependent on these third-party providers. The delivery times indicated on the Website can be impacted by the service providers without POUPON being responsible for these delays and the consequences that could result from it. When the delivery is carried out against signature, this one makes proof of the good reception of the parcel. The transfer of risks and responsibility relating to the Products is carried out with the reception of the Products by the Customer. As of this date, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them. When the product is delivered to the address indicated on the order form by a carrier, it is the responsibility of the buyer to check the condition of the delivered product in the presence of the delivery person and, in case of damage or missing items, to make reservations on the delivery note or on the transport receipt, and possibly to refuse the product and to notify the seller. The Customer undertakes to verify, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Any Order received by the Customer against signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
ARTICLE 7 : Payment
The price is due in full after confirmation of the order. Payment is made immediately upon ordering by credit card or by Paypal directly on the website www.poupon-cosmetiques.fr. The following credit cards are accepted Visa, Mastercard, Maestro. The Site is equipped with a system of securing online payments provided by the STRIPE platform. The terms of payment through the PAYPAIL platform are specific to the platform of this provider and independent from POUPON, which does not intervene in any way in the use of the said service. All the terms and conditions related to the payment via the Paypal payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, which apply concomitantly to these GTC. POUPON does not keep any bank details of the Customer, subject to the following provisions. POUPON cannot be held responsible for any dysfunction on the Paypal payment platform. By accepting the present document, the Customer also agrees to be bound by the Paypal Terms and Conditions of Use, accessible at the above mentioned address. These can be modified by Paypal only. In no case POUPON can modify the General Conditions of Use of Paypal, provider over which it has no control.
ARTICLE 8 : Withdrawal
The Customer has the right to withdraw from this Agreement without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which a Product is ordered. In order to exercise the right of withdrawal, the Customer must notify the Company of its name, address and, where available, telephone number and e-mail address, as well as its decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). The Customer may use the sample withdrawal form attached to the Agreement. The Client may also fill in and submit the model withdrawal form or any other unambiguous statement on the Site. In this case, the Company shall immediately send an acknowledgement of receipt of the withdrawal by e-mail. In order for the withdrawal period to be respected, it is sufficient for the Client to send its communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period. If the Client withdraws from the Contract, the Company shall refund all payments received from the Client without undue delay and in any event no later than fourteen (14) days from the date on which the Company is informed of the Client’s decision to withdraw from this Contract. The Company will make the refund using the same means of payment as the one used by the Client for the initial transaction, unless a different means is expressly agreed; in any case, this refund will not incur any costs for the Client. Any correspondence costs incurred in the event of a retraction shall be borne by the Customer. The model withdrawal form is detachable and is attached to the Contract. In the event that the Customer uses a Product before the expiration of the withdrawal period, he shall be deemed to have expressly waived his right of withdrawal. The Customer expressly declares that he/she is aware that if the Product is used before the end of the fourteen (14) clear days period, his/her right of withdrawal will no longer be enforceable.
ARTICLE 9 : Personal data and cookies
9.1. POUPON commits itself to respect the whole of the provisions of the applicable legislation as regards protection of the personal data. POUPON undertakes to take all technical, organizational and operational measures to guarantee the confidentiality, the integrity and the security of the data to which it has access, which are entrusted to it or of which it has knowledge within the framework of the Contract. It can be for example about data encryption, access rights management, secured flows. POUPON commits itself to :
– not to take any copy of the documents and/or information supports which would be entrusted to him, with the exception of the copies necessary for the needs of the execution of the Contract;
– not to use the documents and information processed for purposes other than those specified in this Contract;
– guarantee the confidentiality of personal data by not disclosing such data to other persons, whether private or public, natural or legal;
– ensure that persons authorized to process personal data under this Agreement:
– are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality
– receive the necessary training in the protection of personal data.
Subject to the express acceptance of the User by means of check boxes, the email address of the User can also be used by POUPON for the purposes of registration and sending of a newsletter and/or transmission of promotional offers. If the User does not wish to receive any more newsletters and/or promotional offers, he has the possibility to modify his choice by contacting POUPON in the conditions mentioned below or by using the unsubscription links provided in the messages.
POUPON commits itself to use only a subcontractor :
– established in a country of the European Union or the European Economic Area,
– established in a country having a level of protection by virtue of a decision of the European Commission with regard to the Applicable Regulation,
– having the appropriate guarantees in application of the article 46 of the RGPD.
POUPON undertakes to use subcontractors presenting sufficient guarantees as to the implementation of appropriate technical and organizational measures so as to meet the requirements of the applicable regulation. The contents are preserved during all the duration of the Contract. POUPON commits itself to respect all the provisions of the applicable legislation as regards personal data protection. POUPON will delete the personal data and their possible copies at the end of the Contract unless the applicable law requires the conservation of these personal data. POUPON undertakes to notify the User as soon as possible after becoming aware of any breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed. If and to the extent that it is not possible to provide all such information at once, the information may be provided in a staggered manner without undue delay. Access to personal data is strictly limited to employees of POUPON, who are authorized to process them by virtue of their functions. The collected information can possibly be communicated to third parties linked to POUPON by contract for the execution of subcontracted tasks necessary to the management of the Order, without the User’s authorization being necessary. It is specified that, within the framework of the execution of their services, the third parties have only a limited access to the data and have a contractual obligation to use them in conformity with the provisions of the applicable legislation as regards personal data protection. The User has the right to access, rectify, portability and deletion of his or her data or to limit the processing. He may also, for legitimate reasons, oppose the processing of data concerning him. The User may also, under the right to the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. To exercise these rights, the User must send a request to the following postal address: Poupon, 1 Boulevard Jules Favre, 69006 Lyon, France, or by e-mail to hello@poupon-cosmetiques.fr indicating his/her first and last name. POUPON may ask the User to prove his/her identity by attaching to his/her request any necessary document, in particular a copy of his/her identity card or passport.
9.2. When consulting the Site, information relating to the User’s navigation may be recorded in files called “cookies” installed on their terminal (computer, tablet, smartphone). Cookies are text files, issued by the Company in order to facilitate the navigation on the Site and allow to recognize the User’s browser when he is connected to the Site. POUPON uses several types of cookies, namely strictly necessary cookies to facilitate the navigation, functional cookies allowing to memorize the choices made by the User and the preferences of his account, performance cookies allowing to measure the affluence, third party cookies and social network cookies which are subject to the personal data protection policies of these third parties. The information collected by cookies is used exclusively by the Company, with the exception of information contained in third-party cookies, which is used and managed by external entities. The User has the choice to accept, refuse, or modify the management policy of the cookies stored in his computer. When the User visits the Site, a message informs him/her of the use of cookies. It also indicates that by continuing to browse the Site, the User accepts these cookies. The User can reverse this decision at any time by opposing the deposit of cookies. If the User chooses to refuse the recording of cookies in his computer or if he deletes those recorded there, the Company declines all responsibility for the consequences related to the malfunction of the Site. All these cookies, except essential cookies, are valid for less than 13 months.
ARTICLE 10 : Vouchers / Credit notes
The vouchers sent by POUPON are usable during 1 year on all the Products proposed on the Site. The vouchers cannot be combined with each other, nor with promotional codes or sales.
ARTICLE 11 : Promotional codes
Promotional codes apply only to non-rebated base prices. The promotional codes cannot be combined with each other or with vouchers, nor during sales and/or exceptional discounts. The promotional codes can be used once per Customer account unless otherwise instructed by POUPON. No promotional code can be the object of any refund, including during an exchange.
ARTICLE 12 : Intellectual Property
“POUPON” is a registered trademark at the INPI under the n° 4532029.
POUPON is the exclusive owner of the intellectual rights on the site and in particular of the whole of the texts, comments, works, illustrations, videos and images, that they are visual or sound, reproduced on the Site as well as its data bases of which it is the producer. All these intellectual creations are shared under copyright, trademark law, patent law, sui generis right of databases and image rights. These creations are the full and entire property of POUPON. However, POUPON grants to the Users a license allowing them to reproduce and display the contents of the Website, but only and strictly for their personal use within the framework of the visualization of this Website. This license does not include the right of Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the Site. In this respect and in accordance with the provisions of the intellectual property code, only use for private use, subject to different or even more restrictive provisions of this code, is authorized. Any other use is constitutive of counterfeit and sanctioned in the title of the intellectual property except preliminary authorization of POUPON. Any form of total or partial copy, inspiration and reproduction of the database produced and exploited by POUPON on the Website is formally forbidden without its written and preliminary agreement. The Users acknowledge that the Company has implemented appropriate control measures in order to ensure the respect by the Users of the conditions of use of the Site. In particular, if POUPON considers that a User has published an illicit or abusive content on the Site, POUPON can immediately and without any other prior formality, delete the illicit content from the Site and if necessary will delete his User account and block the access of this User to the Site. During all the duration of the Services, the Users refrain before launching any communication of incorrect or false information and will take care to transmit only information which is in conformity with the public order, the good manners with any legal, regulatory or administrative rule.
ARTICLE 13 : Limitation of liability
13.1 POUPON declines any responsibility as for the damage of some nature that they are, resulting in particular from the fact of the use of the Site or the Order of Products, in particular an attack with the reputation and the image of the Customer, or a loss of data which could occur because of the use of the Site.
13.2. The User acknowledges that use of the Site is at his/her own risk. The Site is provided to him “as is” and is accessible without any guarantee of availability and regularity. POUPON will make its best efforts to make the Site accessible twenty-four hours a day, seven days a week, except in case of force majeure or an event out of POUPON’s control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or acts of maliciousness or any damage to POUPON’s hardware or software.
13.3. POUPON cannot be held responsible for any interruption of all or part of the Site whatever the cause, the duration or the frequency of this interruption. POUPON is not responsible for the consequences induced to any cut of the Site and this for some reasons that it is.
13.4. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which can produce alterations in the computer systems of the User cannot be excluded. POUPON does not offer any guarantee, neither explicit nor implicit, as to the functioning of the Site, in particular any technical problem that may occur. POUPON reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently. POUPON is in no case responsible in case of fraudulent use or misappropriation of the Customer’s identifiers by a third party, the Customer being required to keep his information confidential.
13.5. The responsibility of POUPON for the obligations of the Contract cannot be engaged in the case where the non-execution of its obligations would be attributable to the fact of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the law and the jurisprudence, or to any other event which was not reasonably under the exclusive control of POUPON. It is agreed that in the event that the responsibility of POUPON is called into question, whatever the basis and/or the nature of the action, only the direct and foreseeable damages are likely to give rise to compensation. Thus, any indirect, consecutive and/or accessory damage, such as for example a commercial disturbance, a loss of clientele, etc., will not give right to compensation to the User. In any case, the indemnification by POUPON of the User and the Customer for all the prejudices undergone because of the failures or negligence in the execution of the Contract cannot exceed the total amount (without tax) collected by the Company for the Products which are the object of a complaint. Under penalty of foreclosure, the User or the Customer must inform POUPON by registered mail with acknowledgement of receipt within seven (7) days as from the discovery of the existence of any fact, defect, claim or request which could be likely to engage the responsibility of POUPON.
13.6. The Customer commits himself/herself to use the Products in the strict respect of the instructions for use provided by POUPON. Therefore, POUPON cannot be held responsible in case of non-conforming use of the Products by the Customer or a third party.
ARTICLE 14 : Legal warranty
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code).
ARTICLE 15 : Complaints / Information
Any complaint or request for information must be addressed to the Customer Service by e-mail at the following address: hello@poupon-cosmetiques.fr.
ARTICLE 16 : Reservation of ownership
The transfer of ownership of the Products is suspended until full payment of the price and its accessories. The Customer undertakes to allow the identification and reclamation of the Products at any time, the Products being deemed to correspond to the unpaid Products. The Products are fungible between them.
ARTICLE 17 : Miscellaneous provisions
17.1. Partial invalidity: If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
17.2. Non-waiver: The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.
17.3. Mediation: In case of dispute concerning an Order, the Client shall contact POUPON in order to find an amicable solution by email at hello@poupon-cosmetiques.fr.
The seizure of the mediator can intervene only after the Customer has carried out preliminary written steps with POUPON. The Customer can submit the dispute relating to the order form or to the present Contract opposing him to POUPON to a mediator: CIMA, Centre Interprofessionnel de Médiation et d’Arbitrage, 32 quai Perrache, 69002 LyonTél.0478282670 Fax.0472114362 Email: contact@cima-mediation.com, which will try, in all independence and impartiality, to bring the Parties closer together in order to reach an amicable solution. To submit his request for mediation, the Customer has a claim form available on the mediator’s website. The Parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
17.4. Applicable law and jurisdiction
The contract is governed by French law, any difficulty arising from the interpretation and/or execution of the present contract will be submitted to the appreciation of the competent French jurisdictions, the only applicable laws being French laws.
MOREOVER, IN CASE OF LITIGATION, WITH A TRADER OR PROFESSIONAL, THE EXCLUSIVE COMPETENCE WILL BE THAT OF THE COMMERCIAL COURT OF LYON.
