General Conditions of Sale

The transactions between douxme.com (hereafter, “the site”), edited by the company Doux me Sas, with a €181.000 capital, with head offices located at 5 bis rue de Solférino, 75007 Paris, France, registered in the Companies Register (RCS) for Paris under number 753 941 608, and the customers are subject to the general conditions defined below:

Via the site it is possible for Doux me to sell cosmetics (hereafter referred to as “products”) to users (hereafter referred to as “Internet users”), who can submit an order on the site (hereafter referred to as “the customers”).

Before submitting any order, the Internet user must acknowledge the General Conditions of Sales and agree to them as soon as the order is submitted. Submitting the order constitutes an electronic signature that has the same value as a handwritten signature.

Article 1. Object

The object of these General Conditions of Sale is the definition, at a global level, exclusively, and resulting from the relations they establish on the Internet and only on the site, of the rights and obligations derived from the online sales of the products offered on the site.

These conditions will be applied to the exclusion of any other document.

Article 2. Products

The products offered for sale by Doux me are those which appear on the site, on the day the site is visited by the Internet user, and within the limits of available stocks. The photos on this website are not contractual.
The products are offered within the limits of available stocks. If a product is unavailable, the customer will be given the earliest possible notice. In the event of a product becoming unavailable after the order is submitted, it will be possible for the Internet user to cancel the order, claiming either the reimbursement of the amount paid, or the exchange of unavailable products, within the thirty (30) days at the latest after the amount was debited, through an email written to talk@douxme.com.
Doux me accepts no responsibility if the products are out of stock or unavailable.
It is specified that products are exclusively for the Internet user’s personal use, with no direct connection to his/her professional activity. Thus, the Internet user’s attention is specifically drawn to the fact that the total value of his/her order should not exceed the sum of five hundred Euros (€500) tax inclusive. The Internet user wishing to make a purchase on this site declares that he/she has full legal capacity. All purchase of a product offered on the site presupposes the user has read and accepts the General Conditions of Sale, without this acceptation requiring a handwritten signature from the Internet user.

Article 3. Price

The price of the products is indicated in Euros. They take into account the VAT applicable in France on the day of the order.

Doux me reserves the right, which the Internet user accepts, to modify its prices at any moment.
The prices indicated do not take into account packaging and delivery costs, which will be charged extra, and will be communicated to the Internet user during the final submission of the order.
Doux me reserves the right, which the Internet user accepts, to modify its prices at any moment but the products will be charged according to the price specified at the time the purchase was submitted, under condition, however, that products are available.

Article 4. Means of payment

It is specified that all payment will be immediate and via the Internet. Unless the server is inaccessible, the Internet user will be able to submit his/her purchase through a Credit card payment (Carte Bleue, Visa or Mastercard). The Internet user will enter his/her credit card details: number, expiry date, the name of the bearer and the visual cryptogram. Credit card payment is secured by the 3D Secure technology.

Secured credit card online payment:

Doux me uses BNP PARIBAS’ online transaction service: Mercanet.
The method of payment offered by Mercanet is secured SSL payment. This payment protocol is standard and acknowledged throughout the world for its protection of data transmitted on the Internet. It is available on nearly all navigators (Microsoft’s Internet Explorer V3.02 and following versions, Netscape’s Navigator V1.1 and following versions, …).
The data provided (number, expiry date, etc…) are encrypted before being sent to the e-transaction payment server.
No information relative to your credit card will be archived by Doux me.
The following credit cards are accepted:
Carte Bleue
Visa
MasterCard

Payment by check:

Checks are only accepted if issued by French banks. Checks must all be made payable to DOUX ME and the purchase number must be written on the back of the check.
The check must be sent to the address below:

DOUX ME – Customer service
5 bis rue de Solférino
75007 Paris
FRANCE

Doux me will post the parcel once the check corresponding to the above mentioned order has been cashed in, if payment is accepted. The cancellation of the purchase is possible prior to sending the check, by simply sending an email to talk@douxme.com and specifying the reference number for the purchase.
The payment will be considered effective after the payer’s bank has given its agreement. If the bank refuses, the order will immediately be cancelled, thus the Vendor will automatically be absolved of any obligations and responsibility towards the Customer.
The Vendor also reserves the right to refuse any purchase from a customer who still has payments outstanding for the whole or part of a previous order, or with whom there is an open litigation.

Article 5. Purchase

5.1 – Preliminary customer identification

In order to submit a purchase, the Internet user will need to confirm his/her identity through his/her login and password (see “Go to my account” below). For any first order, the Customer will have to follow an account creation procedure and complete the information required by the site. The Secured Access Codes will also be requested from the Internet user to enter certain sections of the site, such as the “My account” section.
It will always be incumbent upon the Internet user to ensure the security of his/her Secured Access Codes. In case the Secured Access Codes are lost or forgotten, the Internet user can ask for new ones by going to “customer account” and clicking on “forgotten password?”. He/She will then receive his/her Secured Access Codes in an email to the address previously given during his/her registration on the site.

5.2 – Registration

The Internet user will have to add all the products he/she wishes to purchase by clicking on the “add to basket” icon, in order to submit a purchase. He/She can select as many products as he/she wants by returning to the “e-shop”.
Once the selection is over, the Internet user will be asked to check the content of his/her basket by clicking on the basket icon. At that point, he/she can correct any possible mistake, concerning among other things, the quantities chosen. After having checked the detail of his/her purchase, the Internet user should submit it and pay by clicking on “pay”.
All purchase submitted by the Internet user under the conditions and the process defined above signifies a clear and final agreement.
For all purchase duly submitted and paid, Doux me will send a confirmation email to the Internet user specifying the purchase reference number and the detail of products purchased. A summary of the purchase will also appear in the customer’s account.
If a product is unavailable, or in case of a mistake on the site particularly with regard to the description, the characteristics or the price of a product, Doux me reserves the right to cancel any purchase of the aforementioned product. The Internet user will then be informed by email. Doux me can then offer another product of equivalent quality and price to the Internet user. In the absence of an agreement by the Internet user, Doux me will proceed with the reimbursement of the debited amounts, the rest of the purchase remaining firm and final.

5.3 – Submitting the purchase

After having checked the purchase and filled in any required piece of information, the Internet user will choose the means of payment to be used for his/her purchase, and will automatically be forwarded to BNP PARIBAS’ payment server.

5.4 Confirming the purchase

When the payment is validated, a summary of the order will be sent to the email address previously given by the Internet user.

Article 6. Means of delivery

The purchase will be processed within a period of thirty (30) days following the day after the submission of the purchase by the Internet user.

6.1 Conditions of delivery

The products will be delivered to the address given by the Internet user at the time of his/her online purchase. The Internet user is responsible for the reception of the purchased products (by himself or someone else) whichever method of delivery he/she has chosen (Colissimo, TNT, …)

Doux me offers two types of delivery, in France or worldwide:
Colissimo: 3 to 5 working days
TNT: 1 to 2 working days

All purchase submitted before 12 a.m., Monday through Friday (exclusive of Bank Holidays), is generally dealt with on the same day, within the limits of available stocks. And all purchase submitted between Friday 12 a.m. and Sunday evening is generally dealt with the following Monday (Exclusive of Bank Holidays)
This delivery time is for information only. Any possible delay does not constitute a valid reason for compensation, stoppage or cancellation of Customer orders.
In the case of a Colissimo Access delivery (mainland France):
The parcel is delivered to the mailbox associated to the Internet user’s or to the addressee’s address. If the mailbox is too small, the parcel is either delivered to the home and handed directly to the Internet user or to the addressee of the purchased products, or at the discretion of the postal company, to a third person, notably any person attached to the user’s service, living with the user or any person specially mandated and with a proxy, or even to an identified third party.
If the parcel could not be delivered for the reasons previously mentioned (mailbox too small and/ or absence of addressee), the Internet user or the addressee of the purchase receives a notification of the failed delivery, which will allow him/her to pick up the purchased products at the post office specified on the notification slip, within a period of fifteen (15) days. After this period, the parcel is returned to the sender.
No claim related to the delivery itself is possible, if the parcel is proved to have been delivered, as attested by the Post office’s computer flashing system.
In case of apparent anomaly of the parcel (e.g.: damaged parcel, open parcel, traces of liquid, etc…), the Internet user or the addressee of the purchased products must not open the parcel, but should return it, shut, to a Post office within a five-working-day period, and fill in a declaration of damage. If the parcel is open, all possibility of claim on the Post office is excluded.
In case of a Colissimo Expert delivery (DOM-TOM and foreign countries):
Upon delivery, the customer or addressee has to sign a delivery slip or a receipt for the purchased products. If the customer or addressee of the purchase is absent at the time of delivery, he/she will receive a notification of failed delivery, which will allow him/her to pick up the purchased products at the post office specified on the notification, within a period of fifteen (15) days. After this period, the parcel is returned to the sender.
The Internet user or addressee of the purchase products is required to check the apparent state of the products upon delivery. In case of apparent anomaly (damage, missing product, damaged or broken parcel or product, etc…) noticed at the time of delivery and in presence of the postal employee, the customer or addressee of the purchased products must follow the Colissimo Post Office procedure, notably by reporting any visible non-compliance or damage noted and by writing down all claims and reservations and refusing the delivery. A declaration of damage must be filled out in the presence of a postman (declaration 170).
The Internet user or the addressee of the purchased products has a three-clear-day period from the day of reception of the purchase to warn the transporter, through registered mail with acknowledgement of receipt, of any incident relative to the state or the content of the delivered parcel.

6.2 Conditions of delivery

The product purchased by the Internet user will be delivered to the address specified on the order form in the fifteen (15) days following the preparation of the order.

Doux me declines all responsibility if there is any significant delay due to the transporter, any delivery delay of a product, loss of the purchased products, delivery to a wrong address or to a postal service strike. It is specified that the transportation risks are borne by the customer. Any delivery delay must be notified by the customer to the Doux me customer service, as soon as possible and via email at talk@douxme.com.
Doux me will then make contact with the postal services in order to investigate the situation. A postal service investigation can take time. Besides, it is specified that the property of the purchased products is only transferred to the customer once the totality of the invoiced price has been paid, in other words, including delivery fees.

On reception of the purchased products, the client must check the conformity of the products.
Any anomaly as far as delivery is concerned (missing or broken product, damaged parcel, …) must be notified by the customer on the receipt that is given to him/her by the transporter on delivering the product, and must also be notified, on the day of the reception of the parcel or at the latest the first working day following reception, to the Doux me customer service, via email to talk@douxme.com or by snail mail to Doux me, 5 bis rue de Solférino 75007 Paris, France. All claim made after a seven (7) day period is rejected and Doux me cannot be held liable.

6.3 Cooling off period

The Internet users has a seven (7) working day period to return, at his/her own expense, the product(s) purchased if it (they) do not give full satisfaction. The period starts from the day of delivery of the purchase. The product(s) must be returned in its (their) original packaging, state and conditioning, together with the slip at the bottom of the invoice or of the delivery order, to the following address: AXELIS PLUS, Doux me e-boutique – entrepôt France, 11 Rue Pierre Rigaud 94200 Ivry-sur-Seine, France. The delivery expense and risk are incumbent on the Internet user or to the addressee.
If the aforementioned conditions are fulfilled, Doux me will reimburse the Internet user, within a thirty (30) day period, for the amounts corresponding to the purchased products.
Doux me does not accept postage due parcels.
However, it is specified that postage expenses are incumbent upon Doux me if the decision to return the products is due to a mistake by Doux me (non-compliant products).

Article 7. Partial non validity

If one or more stipulations of the present General Conditions of Sales are held to be void or have been declared as such in application of a law, of a regulation or following the final decision of a competent jurisdiction, the other stipulations will remain totally in force and their full scope will be maintained.

Article 8. THE FULL CONTRACT

The above General Conditions of Sale and the purchase summary transmitted to the customer form a contractual framework and are, as such, the entire contractual relationship between the parties.

In case of contradiction between the documents, the General Conditions of Sales prevail.

Article 9. Responsibilities

Doux me could not in any way be held liable if, in case of force majeure, of events beyond its control or of justified need, the site had to be closed, one or more purchases had to be cancelled, or if the General Conditions of Sale had to be modified.
Doux me cannot be held liable in case of:

- tampering,
- phone or Internet connexion and mail distribution problems,
- hardware or software problems,
– difficulties accessing the site’s server,
- destruction of the information given by the Internet users beyond Doux me’s control,
- malfunctioning of the software or of the material.
- human or electrical errors,
- disturbances which could prevent the site from operating accurately or the completion of an on line purchase
In any case, if there is any barrier to administrative and/or technical aspects of a purchase on the site, due to a virus, a bug, an unauthorized human intervention or any other cause beyond the control of Doux me, the company reserves the right to interrupt the ongoing transaction.
Similarly, making a purchase on the Site involves knowing and agreeing to the characteristics and the limits of the Internet, the absence of protection of certain data against possible data leaks or hacks and the risk of contamination by possible viruses on the web.
Doux me can close the site, cancel or suspend one or more purchases, or modify the conditions, if it appears that any fraud has been committed, in whatever form, notably in computing. Doux me reserves, in this hypothesis, the right to not attribute the endowments to the fraudsters and/ or to sue the authors of these frauds before the competent courts.
Doux me provides the site and its contents “as such” and does not provide any kind of guarantee at all for this site or its content. Doux me refuses all guarantees including, but not exclusively, product or usage guarantees. Moreover, the information contained in the Doux me server are not contractual, Doux me reserves the right, at any moment and without notice, to make any correction or change to the published information.
Doux me declines all responsibility in case of mistake, omission, inadequacy or lack of propriety of use, including commercial use, of the information provided via the site.
Neither Doux me, nor the Directors, employees and/or representatives can be held responsible for the damage caused by or related to the use of this site. This is a comprehensive limitation of the liabilities applicable to all types of damage, including, but not exclusively, compensatory, direct, indirect or consequential, loss of data, income or profit, loss or damage of property and third party claims.
Doux me does its best to keep the site accessible, without however being under any obligation to succeed. It is specified that for maintenance, update and for any other reason, notably technical, the access to the site could be interrupted. Doux me is in no case liable for these interruptions and the possible consequences for the Internet users.

Article 10.  Intellectual property

Doux me owns all its trademarks, the corporation name, the logos, pictures, models, advertising supports, product representations and more generally all the intellectual property rights linked to its site, products, creations and distinctive signs (hereafter the “Doux me Protected Elements”).
The customer agrees that he/she must not use and/or exploit the Doux me Protected Elements without prior consent from Doux me, in any country, in any way (notably their reproduction, communication and/ or adaptation) or for any reason (including as a commercial reference or for its own advertising).
In the event of failure to comply with these stipulations, the site and/or Doux me can, in their own right and considering that the fault lies entirely with the Internet user or the addressee and cancel without prior notice all orders without any prejudice to the other rights, actions and recourse which Doux me and the site could have in order to compensate the prejudice which could have been suffered due to this non-respect.

Article 11. Applicable law – competent courts

These General Conditions of Sale and the contractual relations between Doux me and the client are submitted to French law. The express competence is attributed to the Paris Court, site of the permanent establishment of Doux me.

Article 12. Data protection legislation

Providing the nominal information collected within the framework of online sales is compulsory, this information being necessary for the processing and the delivery of the purchase as well as for the establishment of invoices. This information is strictly confidential. Any missing piece of information would imply immediate rejection of the order. In conformity with the data protection law (Loi Informatique et Liberté), with the files and civil rights, the management of nominal information collected on the site is subject to a declaration to the National Commission for Data Protection and Liberties (CNIL-France). The Internet user has a right of access to, modification of, correction or suppression of the data concerning him/her. To exercise this right, the User must address a simple letter to the Doux me customer service – 5 bis rue de Solférino 75007 Paris, France, or an email to talk@douxme.com.

In addition, Doux me will conserve any data related to the transactions on the site, within the limits of the law n°78-17 of Jan. 6, 1978.

Article 13. Hosting

This site was developed for the Doux me company (SAS with a capital of €181.000, located at the 5 bis, rue de Solférino – 75007 Paris – France – RCS 753 941 608 Paris – EU VAT number: FR 79 753 941 608), on behalf of its trademark Doux me, all rights reserved.

Site editor
Doux me
5 bis, rue de Solférino
75007 Paris – FRANCE
Contact email : talk@douxme.com
Chief editor : Monsieur Cédric Legendre

Hosting
OVH
SAS with a capital of k€500
RCS Roubaix – Tourcoing – FRANCE
424 761 419 00011
Code APE 721Z
N° TVA : FR 22-424-761-419-00011
Head office:
2 rue Kellermann
59100 Roubaix
FRANCE