Sales terms

1 - Purpose and acceptance of terms and conditions of sale

The My Blend website (hereinafter call the “Website”) is an e-commerce site accessible via the Internet at the address www.my-blend.com. It is open to all Internet users (hereinafter called the “User”). It is published by My Blend (hereinafter called “the Vendor”), a simplified share company registered under Nantes Trade Register number 449 848 803.

Director of publication : Stéphane Engel
VAT n°: FR68449848803

The website is hosted by Shopify Inc.
Head Office: 126 York St. Ottawa, ON KIN 5T5, Canada.

The Website enables My Blend to sell cosmetics to browsers via the Website (hereinafter call the “Users”). In pursuance of this agreement, the User and My Blend will be collectively referred to as the “Parties” and individually as the “Party” and a User who has validated an order will be called the “Purchaser”. The User’s rights and obligations necessarily apply to the Purchaser
Any order for a Product available on the Website assumes prior consultation and express acceptance of these terms and conditions of sale, without such acceptance requiring a handwritten signature on the part of the User.
It is hereby stipulated that the User can save or print these terms and conditions of sale, provided they are not modified in any way.
The terms and conditions of sale are valid as of Junuary, 1st 2015
My Blend reserves the right to change the terms and conditions of sale at any time, without notice, on the understanding that such changes will not apply to reservations and orders already accepted and confirmed by the Purchaser.

These conditions apply to the exclusion of any other document.

2 - Products marketed on www.my-blend.com

The My Blend products for sale on the website are only accessible to the following countries :

Within the European Union :
Belgium, Luxembourg, The Netherlands, France (Monaco included), Germany, Italy, Span (except the Canary Islands, Ceuta and Melilla), United Kingdom, Austria, Denmark, Ireland, Portugal (except Madeira and the Azores), Czech Republic, Hungary, Poland, Slovakia, Slovenia, Finland, Sweden, Bulgaria, Estonia, Greece, Lithuania, Latvia, Rumania, Cypress, Malta.

Outside the European Union :
Switzerland, Norway.

Middle East :
Morocco, Turkey, United Arab Emirates (Dubai, Abu Dhabi), Algeria, Tunisia, Qatar, Saudi Arabia, Egypt, Lebanon, Syria, Yemen.

Asia :
South Korea, Singapore, Thailand.

South America :
Mexico, Argentina.

North America :
United States, Canada.

Oceania :
Australia

Before ordering, the Purchaser can ascertain the essential characteristics of the product(s) required by consulting the My Blend website.
All purchase offers, including promotional offers, are valid while present on the website.

3 - Sales price of products on website

The prices shown on the website are given in euro including taxes and can vary during the year. The products ordered will be invoiced at the price shown on the website at the time the order is registered.
They do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the total order price. Shipping costs will be indicated before the order is confirmed by the Purchaser.
Prices include value added tax (VAT) at the rate applicable on the day of the order and any change in the applicable rate will be automatically added to the price of the products sold by My Blend on the website.

4 - Orders

Purchasers who order products on the website are bound by these terms and conditions without any limitation or qualification.
The Purchaser agrees that the My Blend order registration system provides sufficient proof of the type and date of the agreement.
Each order is limited to a maximum amount of 2,500 euro. The maximum number of items with the same reference number is three per order.
By clicking the "Pay now" button, the Purchaser confirms the order and accepts the terms and conditions of sale. The order can be printed.
As soon as the order is registered, detailed confirmation is sent to the Purchaser at the email address indicated.
The order confirmation will state the exact amount invoiced and the terms and conditions of delivery.
The said order confirmation constitutes acceptance of the order and validates the transaction subject to payment of the order.
If any of the products are not available after the order has been made, the purchaser will be informed by email. The amount of the order will be recalculated and the purchaser will be debited for the new amount, less the missing products. If none of the items in the order are available, the purchaser will be informed by email and their account will not be debited.
It is also possible to cancel an order made on the website by contacting My Blend’s customer service. If the customer service informs the purchaser that the order has already been processed, it can no longer be cancelled. The purchaser must then refuse the parcel when it arrives.
My Blend however reserves the right to suspend or cancel the order of any Purchaser with whom there is a dispute relating to payment of a previous order, or for any other legitimate reason, especially relating to the abnormal character of an order.

5 - Payment

All orders must be paid in euro.
No orders will be accepted or processed without a valid bank card payment.
The following bank cards are accepted on the website: Visa and Master Card.
The Purchaser warrants My Blend that it has the necessary authorisations to use the payment method chosen when registering the order.
My Blend reserves the right to suspend or cancel any order and/or delivery whatever its nature or stage of processing in the case of non-payment of any amount owed by the Purchaser or in the event of a payment incident.
Penalties equal to the legal interest rate plus five points shall automatically apply to unpaid amounts within ten days of the invoicing date.
Within the framework of the fight against fraud and internet abuse, the data relating to your order may be transferred to any competent authority for verification.
In order to ensure secure payment by bank card, the Purchaser must provide Ogone with the CVV (Card Verification Value) of their card.
Brand Online processes payments, reimbursements and debit rejections. Its registered office is at 37-41 rue Fernand Pelloutier - Boulogne-Billancourt - France
Payment security on the website is also guaranteed by Ogone.

6 - Delivery of orders

The products will be delivered to the address indicated by the Purchaser on the order, according to the delivery method chosen.
Delivery will take place within an average period of 2 to 7 days from reception of the order, depending on the delivery method chosen, and a maximum of 30 days from acceptance of the order.

7 - Legal warranty

The products are covered by the legal warranty of compliance and hidden defects.

Conformity Warranty The consumer code provides the following: Article L217-4 The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility. Article L217-5 To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling. 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. Article L217-6 The seller is not bound by the public statements of the producer or his representative if it is established that he was unaware of them and could not rightfully be expected to have been aware of them. Article L217-7 The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. Article L217-8 The buyer is entitled to demand that the product conforms to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself. Article L217-9 In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible. Article L217-10 If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. He has the same option: 1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim; 2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use. The sale shall not be cancelled, however, if the lack of conformity is minor. Article L217-11 The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. Those same provisions shall not impede the awarding of damages. Article L217-12 Action resulting from lack of conformity lapses two years after delivery of the product. Article L217-13 The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law. Article L217-14 An action for indemnity may be brought by the final seller against the successive sellers or intermediaries and the producer of tangible movable property, pursuant to the principles of the Civil Code. Hidden defects warranty The Civil Code provides the following: Article 1641 A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. Article 1644 In the cases of Articles 1641 and 1643, the buyer has the choice either of returning the thing and having the price repaid to him or of keeping the thing and having a part of the price repaid to him, as appraised by experts. Article 1645 Where the seller knew of the defects of the thing, he is liable, in addition to restitution of the price which he received from him, for all damages towards the buyer. Article 1646 Where the seller did not know of the defects of the thing, he is only liable for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale. Article 1648 The action resulting from crippling defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. As part of the legal guarantee against hidden defects, Clarins, depending on the choice of the Customer, undertakes, after assessment of the defect, either: to reimburse him for the full price of the Product concerned; to reimburse him for part of the price of the Product if the Customer decides to keep it.

 

In the event of non-compliance of the product, particularly due to a mistake or error or in the references delivered, the Purchaser may choose to return the product to My Blend and obtain reimbursement.

The cost of returning the products will be reimbursed by My Blend at the request of the Purchaser.
All claims must be made by the Purchaser to My Blend at the following address : serviceclient@my-blend.com

8 - Right of product return

The Purchaser has 14 clear days from the date of reception of the product to return the products ordered, at the expense of the Purchaser, for reimbursement.

Reimbursement shall be made by any means of payment chosen by the Purchaser after requesting to return the products, within 14 days following the date on which the right of product return is exercised

Notwithstanding the foregoing, and in accordance with the provisions of article L.221-24 of the French Consumer Code, reimbursement may be delayed until recovery of the Product by My Blend or until the Purchaser sends proof of such return. of the shipment of the Product concerned, the date chosen being first of these facts.

9 - Instructions for product return

Whatever the reason for returning products to My Blend, it is recommended that the Purchaser follow the instructions below to facilitate processing of the return :

1. Use the original packaging of the unopened product to return the product.
2. Fill in and append the Return Voucher after removing it from the Delivery Slip.
3. Send the parcel to the following address :

10 - Retention of ownership

My Blend retains full ownership of the products sold until the price has been completely paid, including principal, expenses and taxes.

11 - Liability

My Blend cannot be held liable for non-performance of the agreement in the event of a stock shortage, except in the case of a special price offer not designed to clear stock, or in the event of lack of availability of the product due to force majeure.

My Blend declines any liability :

• for any interruption to the website ;
• for any bugs on the website ;
• for any damage resulting from fraudulent intrusion of a third party having led to a change in the data available on the website ;
• and, more generally speaking, for any direct or indirect damage, whatever the cause, origin, nature or consequences, including loss of profits, clientele, data and any other loss of intangible property which may result from access to the website by a third party or due to the impossibility of accessing the website, or to credibility afforded to any information which may have originated directly or indirectly from the website.

12 - Intellectual property

In accordance with the laws governing literary and artistic property and other rights, this Website and all elements, trademarks, drawings, models, photographs, texts, illustrations, logos, animated or non-animated sequences, both with and without sound, graphics, etc. on the Website together with their compilation are the exclusive property of My Blend which does not transfer any licence or right other than that of browsing the Website. The reproduction or use of any or all of the said elements is only authorised for the exclusive purpose of providing information for private personal use, and any reproduction or use of copies made for any other purposes is expressly prohibited. Neither the Website (all or part), nor its content or trademarks can be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, either fully or partially, for any purpose whatsoever without the prior, written consent of My Blend.
Any other use constitutes an infringement of intellectual property rights.

13 - Applicable law

The sale of My Blend products is governed by the laws of France.

Pursuant to article R631-3 of the French Consumer Code, any dispute relating to the existence, interpretation, execution or termination of the contract concluded between My Blend and the Purchaser, even in the event of multiple defendants, will, in the absence of an amicable agreement, have for exclusive jurisdiction:
- Either the competent French courts in application of the rules enacted by the French code of civil procedure;
- Either the courts of the place where the Purchaser has its residence at the time of the conclusion of the contract.

14 - Personal data

The information collected will be processed by My Blend and its service providers to process your order and to provide you with – unless opposed by you –  information about our products and services and for customer management relationship purposes (CRM). The Purchaser has a right to access, rectification, erasure and data portability of its personal data as well as a right to object and restriction of processing by contacting us. For more details on our Privacy Policy, click here.

15 - Mediation

The Purchaser is informed that any disputes that may arise about the sales of products of My Blend may be submitted to mediation. The European Commission has established an interactive website for the extrajudicial settlement of online legal transactions. You can reach the ODR platform of the European Commission here: http://ec.europa.eu/odr.

Should you have any initial questions concerning a potential dispute resolution, please contact our Customer Service.