Terms and conditions
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 :
Middle East :
Morocco, Turkey, United Arab Emirates (Dubai, Abu Dhabi), Algeria, Tunisia, Qatar, Saudi Arabia, Egypt, Lebanon, Syria, Yemen.
South Korea, Singapore, Thailand.
South America :
North America :
United States, Canada.
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.
The consumer code provides the following:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
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.
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.
He has the same option:
The sale shall not be cancelled, however, if the lack of conformity is minor.
Hidden defects warranty
The Civil Code provides the following:
As part of the legal guarantee against hidden defects, Clarins, depending on the choice of the Customer, undertakes, after assessment of the defect, either:
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 : email@example.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 :
- Use the original packaging of the unopened product to return the product.
- Fill in and append the Return Voucher after removing it from the Delivery Slip.
- Send the parcel to the following address :
12 avenue de la Porte des Ternes
The Purchaser is responsible for any risks relating to return of the product.
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
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.