TERMS & CONDITIONS OF SALE


LABORATOIRE AIMEE, an SAS (Simplified joint-stock company) with a share capital of €175,000, registered with the Trade and Companies’ Register of La Rochelle under number 8242843431900012, whose registered office is located at 44 rue Nicolas Denys de Fronsac-17000 La Rochelle, publishes the website www.aimeedemars.com (hereinafter "the Site") on which cosmetic products of the "aimée de mars" brand are sold.
These terms and conditions of sale (hereinafter the "Conditions of Sale") apply to all Internet users who place orders for products through the Site. Their purpose is to define the conditions under which the sales contract between SAS VALDEM and each of its customers (hereinafter "the Customer") who place orders through the Site is concluded.
SAS VALDEM reserves the right to adapt or modify the Conditions of Sale at any time. The Customer will be informed accordingly by means of a post on the Website. If the Customer does not agree to the amended Conditions of Sale, he/she may no longer place orders on the Site. If the Customer continues to place orders, he/she is deemed to have accepted the Conditions of Sale as adapted or modified.
Offers and prices
All product offers on the Site are limited to Metropolitan France (including Corsica) and the European Union and are subject to availability.
Prices on the Site are displayed in Euros (€) with all taxes included, excluding shipping costs (see section below entitled "Delivery") and are subject to change throughout the year. The products ordered on the Site are ordered for the price in effect at the time the order is placed.
The prices take into account the VAT applicable on the order date. If this rate is modified, such modifications may be reflected in the price of the items without the Customer being informed in advance.
Our promotional offers are only valid for the duration we mention on a case-by-case basis and only whilst stocks last.
The prices and special offers displayed on the Site apply only to products sold online. All SAS VALDEM offers are made in accordance with the Conditions of Sale in force at the time of the order.
Ordering
To place an order, the Customer must have the legal capacity to enter into contracts, i.e. be a legal adult and not be under the care of a guardian or legal guardian.
Before placing his/her first order, the Customer must register on the Site. He/she must, therefore, provide his/her surname, first name, postal address, email address, telephone number and date of birth. The Customer is then assigned an account with a username and password, which he or she chooses himself or herself.
Before placing an order, the Customer must identify himself/herself using this username and password.
The Customer may then, for a single order, select the desired products on the Site, but is limited to 10 of the same product per order.
Any order placed constitutes the express and irrevocable acceptance of the prices and descriptions of the Products available for sale.
Before placing an order, the Customer must declare that he/she has read and irrevocably accepted the Conditions of Sale in force on the day the order is placed, by ticking the corresponding box.
If necessary, especially if he/she wishes to have a gift delivered, the Customer must also indicate the name of the recipient and the delivery address.
After placing and validating his/her order, the Customer can check the details and the total price of the order which can be confirmed or modified in case of error. As soon as the order is confirmed by clicking on the "Send order" button, the order is definitively placed and the Customer is committed. An order number is then assigned to the Customer, which must be retained.
The Customer is obliged to pay the amount displayed at the end of the verification process, as well as the delivery costs, as set out in the Conditions of Sale under the "Delivery" section.
Within 24 hours, the Customer will receive an email acknowledgement of receipt which summarises his/her order. The Customer acknowledges that this email, whose information is based on the order placed, serves as proof of the nature of the agreement and its date.
The order is not definitively taken into account by SAS VALDEM until full payment of the order invoice amount has been received.
SAS VALDEM reserves the right to cancel or suspend an order placed on the Site if it reasonably believes that the person who placed the order has violated any of the provisions of the Conditions of Sale or if there is a dispute with the Customer regarding the payment of a previous order. SAS VALDEM also reserves the right to prohibit persons whom it reasonably believes have violated any of the provisions of the Conditions of Sale from accessing the Site.
Availability
Offers are only available while stocks last. In the event that the product ordered is unavailable, SAS VALDEM will inform the Customer via email within 3 days. The order for the product in question will automatically be cancelled. The Customer may, at his/her discretion, be reimbursed the price of the
unavailable product without any additional compensation, or receive a credit note for an amount equal to the price of the unavailable product. The Customer can inform us of his/her choice by simply sending an email to vd@aimeedemars.com or by telephoning +33 (0)5 46 56 56 98 38.
Payment
Payment by the Customer for products displayed on the Site is made exclusively in euros (€).
The amount to be paid is the total amount of the ordered products, including all taxes, with the addition of delivery costs, as stated in the Conditions of Sale in the "Delivery" section.
Payment can be made by Credit Card, Visa or Mastercard or PayPal.
If payment is made by cheque, the customer has a period of 5 days from the date of the order to send the payment. After this period, the order will be cancelled. The cheque, addressed to the beneficiary VALDEM SAS, must be sent within 5 days by a bank domiciled in metropolitan France to the following address: SAS VALDEM, 44 rue Nicolas Denys de Fronsac, 17000 La Rochelle.
For the payment of online orders, SAS VALDEM uses the e-transaction services of BNP Paribas. The Site is equipped with a secure online payment system. Card numbers and expiry dates are instantly encrypted using SSL (Secure Socket Layer) and are never displayed as cleartext on the site in order to safeguard the security of the information provided. SAS VALDEM has no access to these details and does not store them on its servers.
Delivery
Packages are shipped by Colissimo to metropolitan France (including Corsica), Belgium and Luxembourg only, to the address stated by the Customer during the ordering process. The Customer must specify any information that is useful for the delivery of the package.
For deliveries to metropolitan France (including Corsica), the price of home delivery is 6 euros, with all taxes included; delivery costs to the European Union start from 11.95 euros, all taxes included.
Orders are processed within 3 working days (excluding Saturdays, Sundays and public holidays) from the confirmation of your order if paid for by credit card or from receipt of payment if paid for by cheque (except in circumstances that prevent delivery, such as unavailability).
The delivery of your order by Colissimo Suivi, takes place within 48 hours (excluding Sundays and public holidays) following the processing of your order by ourselves.
SAS VALDEM has chosen La Poste's Colissimo Suivi service for the delivery of your orders. Under no circumstances may SAS VALDEM be held liable for the consequences of a delay in delivery attributable to the carrier.
The delivery involves the direct delivery of the product to the recipient specified upon placing the order.
If you (or the recipient of the package indicated) are absent at the time of delivery, a delivery note indicating where and when to collect the package will be left with you.
SAS VALDEM is not liable for any damage (breakage, damage, damaged packaging, etc...) incurred during the transport of your products.
After Sales Service
Customers can contact SAS VALDEM's after-sales service with any questions relating to the Products or order placement by telephoning 05 46 56 98 38 between 9:30 am and 5:30 pm, from Monday to Friday.
They can also write to the following address:
SAS VALDEM
44 rue Nicolas Denys de Fronsac
17000 La Rochelle
Cancellations
Within the framework of the provisions relating to distance sales (without the simultaneous physical presence of the parties) provided for by law (Article L. 121-20 of the Consumer Code in effect in France), you have a period of seven (7) clear days to exercise your right to withdraw without having to provide any reason or pay any penalty, except for return costs, which remain entirely at your charge. The period referred to above starts from your receipt of the order.
During this period, you may return to us, at your own expense, all or part of the unused items ordered, in good condition, in their original packaging and accompanied by the original invoice for the order in question, to the following address: SAS VALDEM, 44 rue Nicolas Denys de Fronsac, 17000 La Rochelle. You may then choose either a refund by credit note for the returned product(s), unless you expressly request a refund by bank transfer or cheque in Euros of the sums paid (excluding delivery costs and as soon as possible within a maximum of 30 days from receipt of the returned product(s)) or to exchange it with another item sold on the www.aimeedemars.com website, in return for payment of an additional sum or a partial refund in case of a price difference between the exchanged product and the returned product.
The exchange or refund of the items in your order will only be made after our Customer Relations Department has verified the quantity and quality of each item for which you have exercised your
right to withdraw. The items must not have been used, nor have suffered any damage, however slight, and must be in a completely clean condition.
The right to withdraw can be exercised without penalty, with the exception of return shipping costs and any new delivery costs.
Returns
In the event that the products received do not correspond to the products ordered, the Customer may return them to SAS VALDEM, within ten (10) clear days from the date of their receipt, in the original packaging (in the event of non-conformity) or in appropriate packaging (in the event of damage) to the following address: 44 rue Nicolas Denys de Fronsac, 17000 La Rochelle. The Customer must attach a letter to this shipment specifying the order details, the date of the order, the date that the package was received as well as detailed reasons for the return.
The returned products must have been purchased by mail order via the Site.
In the event of a return for non-conformity, the return costs will be refunded to the Customer by SAS VALDEM.
Upon receipt of damaged or non-conforming products, SAS VALDEM will send an email to the Customer proposing either to exchange said products with products in good condition that conform with the Customer's expectations, or to refund the returned products in full, without additional compensation. In the absence of a reply from the Customer within fifteen (15) days of the email being sent by SAS VALDEM, the Customer will be considered to have opted for a refund.
Without prejudice to the above provisions, the exchange or refund, as applicable, shall be made within thirty (30) days following receipt by SAS VALDEM of the non-conforming products.
Guarantee
SAS VALDEM guarantees that the products offered on the Site comply with current French legislation.
Customers benefit from the legal guarantee of compliant delivery and that of latent defects.
Liability
SAS VALDEM cannot be held liable in any way whatsoever for non-performance of the contract in the following cases:
in the event of inaccurate information provided on the Site;
in the event of a technical problem preventing access to the Site;
in the event of trespassing or the presence of computer viruses on the Site;
in the event of a stock shortage or unavailability of a product offered on the Site;
in the event of total or partial disruptions to services or strikes, particularly regarding postal services and means of transport and/or communication;
in the event of force majeure.
in the event of a delivery delay or damage to the ordered products incurred during delivery due to the fault of the Customer, due to an unforeseeable and insurmountable incident by a third party to the contract, or due to force majeure;
in the event of physical damage caused to the Customer as a result of using products ordered from the Site when such damage is due to the fault of the Customer, to an unforeseeable and insurmountable event by a third party to the contract, or due to force majeure;
in the event of indirect damage related to the use of the products, including, but not limited to, loss of turnover, loss of profit, operating loss, loss of opportunity, damages or costs.
Intellectual property
All text, designs, trademarks, logos, signs, product names, titles, sound and music, graphics, video, user interfaces, visual interfaces, photographs and source codes (hereinafter the "Contents") including, but not limited to, the operation and appearance of such Contents on the Website are the property of SAS VALDEM and are protected by copyright, patent and trademark laws and other intellectual property rights.
The reproduction, distribution, transmission, modification or use of all or part of these elements is authorised solely for information purposes, for private, personal and non-commercial use. Any other use of the Site’s elements is prohibited.
Any Customer may contribute to enhance the content of the Site. In this case, the Customer undertakes to grant SAS VALDEM, for the entire duration of the rights provided for by current French legislation, the right to use his/her contributions that he/she has voluntarily sent to it, including, but not limited to, reproducing, representing, distributing, translating, adapting, modifying or combining them with other elements.
Personal data
SAS VALDEM may collect Customers’ personal data via the Site registration form (for more information, please consult the "Personal Information" section of the Site).
SAS VALDEM may, at any time, request additional information from Customers relating to this personal information.
All personal data collected will be automatically processed for the purpose of managing and processing orders and invoicing.
This data will be considered strictly confidential and will not be communicated to third parties by SAS VALDEM for any reason whatsoever.
If the Customer wishes to be informed of special offers, updates and any other new products created by SAS VALDEM, he/she can complete the online form.
When the Customer has ticked the corresponding box on the form, an email containing a link will be sent to him/her. The Customer must click on this link in order to validate the email address provided to SAS VALDEM and to prevent third parties from registering other people without their knowledge. If the Customer no longer wishes to be contacted in a commercial context by SAS VALDEM, he/she must simply send an email to vd@aimeedemars.com or call 05 46 56 56 98 38.
In accordance with articles 39 and following of law n° 78-17 of 6 January 1978 relating to data processing, data files and individual liberties, modified by law n° 2004-801 of 6 August 2004, the Customer has the right to access, rectify and delete his/her personal information by sending an email stating his/her surname, first name and address to vd@aimeedemars.com.
Site content
SAS VALDEM pays a lot of attention to the quality of the Site’s content.
However, some information contained on the Site may occasionally contain errors. If a Customer notices an error, he/she can inform SAS VALDEM accordingly by sending an email to: vd@aimeedemars.com.
Links
Any hypertext link to the Site must be approved in advance by SAS VALDEM.
However, any hypertext link leading to the Site and using, in particular, the technique of framing, deep-linking, in-line linking, or any other deep-linking technique is strictly prohibited in all circumstances. In any case, any link must be immediately removed at the request of SAS VALDEM.
Partial invalidity / No waiver
If one or more provisions of these Conditions of Sale are deemed invalid or declared invalid pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.
SAS VALDEM and the Customer will then agree to replace the void or invalid clause with a clause that most closely resembles the content of the one initially agreed.
The fact that SAS VALDEM or the Customer does not take advantage of the other party’s breach of the obligations referred to in the Conditions of Sale cannot be interpreted, for the future, as a waiver of the obligation in question.
These Conditions of Sale and the order summary sent to the Customer form a contractually binding arrangement between the Parties. In the event of any inconsistency between these documents, the Conditions of Sale shall prevail.
Language
The language of these Conditions of Sale is French.
Applicable Law
These Conditions of Sale are subject to French law.