Terms and Conditions

Definitions

These General conditions of sale (GCS) and use (GCU) will apply between the Company EviDenS De Beauté (hereinafter, ‘EviDenS De Beauté’), Société par Actions Simplifiée [≈ simplified joint-stock company] with a capital of 8,070 euros, whose registered office is at 26, rue de Galilée, 75116 Paris, France registered on Paris register of trade and companies under number 484 898 051, and any natural person making a purchase (hereinafter, Purchaser) via its e-commerce site accessible via the Internet at www.evidensdebeaute.com (hereinafter, ‘the Site’), as well as any Internet user browsing the Site (hereinafter, User).

The purpose of these general terms and conditions of sale and use is to stipulate the rights and obligations of the Parties arising from use of the Site and from the online sale of the Products sold on the Site from France. They will exclusively cover the relationship the Parties establish via the Internet and solely on the Site. 
They will apply to all steps required to place an order as described in paragraph 4, ‘Ordering procedures’, and will ensure this order can be tracked by both Parties.
EviDenS De Beauté may update these general conditions of sale and use at any time. Users of the Site are therefore encouraged to consult them regularly.
The GCS/GCU are supplemented by the Legal Notice (link), by the Conditions for the Use of Personal Data (link) and by the Cookies policy, which the User and Purchaser acknowledge having read.
It is hereby stated that the Products offered on the Site are intended for the User’s personal use, without having any direct connection to the User’s professional activity. 
A User wishing to make a purchase on the Site declares having full legal capacity to place an order.
Any login to the Site and its use, as well as any order of a Product sold on the Site implies the express and unreserved acceptance of these general conditions of sale and use. This acceptance is, however, conditional upon the User’s handwritten signature.
It is hereby stated that approval of the purchase order under the conditions stipulated in paragraph 4, ‘Ordering procedures’, constitutes an electronic signature between the Parties with the same value as a handwritten signature under Article 1366 of the French civil code.
The User may save or print out these general conditions of sale and use, provided they do not amend them.

The products

The Products offered for sale by EviDenS De Beauté are those appearing on the Site on the date of its consultation by the User.
Given the differences in legislation between territories, and Japan in particular, it is important to note that there are differences in formulation between products sold in Japan and those sold outside Japan (internationally: EU, USA, China). Products sold internationally have a higher concentration of active ingredients, which explains why their prices differ from those sold in Japan. Please do not hesitate to ask us any questions at info[@]evidensdebeaute.com 
Photographs illustrating the Products are not contractually binding and EviDenS De Beauté cannot be held liable should such photographs prove to be inaccurate.
While every effort has been made to ensure that the color of the EviDenS De Beauté products whose photographs are displayed on the website www.evidensdebeaute.com are true to the original products, variations may occur, for example due to the technical limitations in computer equipment’s color rendering. EviDenS De Beauté cannot therefore be held responsible for errors or inaccuracies in the photographs or graphical representations of the EviDenS De Beauté products shown on the evidensdebeaute.com site.
The Purchaser will have familiarized themselves with the essential characteristics of the Products before placing their Order. For any questions about the Products and their use, Users may contact Customer Service by email at info[@]evidensdebeaute.com.

Product availability

The Products are offered subject to availability. If one of the Products is unavailable, the Purchaser will be informed as soon as possible. A phrase in the product description will convey this information.
If a product is found to be unavailable after an order has been confirmed, the Purchaser will have the option of cancelling their order by either requesting a refund for the sums paid within no more than thirty (30) days after payment, or an exchange of the unavailable Product(s) by email sent to info[@]evidensdebeaute.com.
EviDenS De Beauté cannot be held liable in the event of stock shortages or product unavailability.

Retention of ownership

Products ordered remain the property of EviDenS De Beauté until they have been paid for in full. In the event of non-payment, the Purchaser undertakes, at their expense, to return the products received to EviDenS De Beauté at its first request.
However, on the effective date of delivery, the risks (including loss, theft or damage) relating to the products delivered will be borne by the Purchaser.

Price

The prices of the Products displayed on the Site are stated in euros. These prices include the Value Added Tax (VAT) applicable on the date of the order. The price billed to the Purchaser is the price indicated on the order confirmation sent by email by EviDenS De Beauté.
The prices indicated do not include shipping costs, which will be specified to the Purchaser when confirming the order.
EviDenS De Beauté reserves the right to amend its prices at any time, but the Products will be billed on the basis of the prices in effect at the time the order was placed, subject to those Products’ availability. The price in effect is the price indicated on the Site unless there is a typological error. If the Site shows a price that is manifestly too low or excessive, for example due to a technical error or computer bug, the Order may be cancelled, even if confirmed, and the Customer will be informed immediately.

Orders

Where a Purchaser intends to place an Order on the Site, they will choose from among the Products by clicking on ‘Add to basket’. The User may at any time see an overview of the Products placed in their basket and may amend their Order by clicking on ‘Basket’.
 Once the Purchaser confirms their Order by clicking on ‘PAY’, they will be deemed to have accepted these GCS and the quantities, prices, characteristics and delivery times of the Products.
The sale will be considered confirmed at the time the Purchaser confirms the Order, notwithstanding their right to withdrawal (the procedures for which are described below). This Order will be confirmed by EviDenS De Beauté via an initial email to the Customer containing all the information previously provided. A second email will be sent to the Customer once the order has been dispatched. The Customer is informed that the two (2) emails will be sent to the email address specified by the Customer when entering their personal details before placing their Order. EviDenS De Beauté cannot be held liable if there is an error in the email address provided.
EviDenS De Beauté reserves the right to refuse any Order on legitimate grounds, such as:

•        an abnormality with the Order;
•        a legal prohibition from selling the affected Products;
•        suspected fraud and/or clear bad faith by the Customer;
•        the Products cannot be delivered to the country or address indicated by the Customer;
•        a dispute with the Customer.

Payment

Unless the server is unavailable, the Purchaser will pay for their Order once it has been confirmed on the Site using the payment options available.
For online payments by bank card, only cards bearing the ‘CB’ symbol, cards bearing the ‘VISA’, ‘EUROCARD’ or ‘MASTERCARD’ brand accepted in France, or cards issued as part of international networks approved by the Bank Cards Economic Interest Grouping (EIG) will be accepted. 
Confirmation of the order using the bank card number and expiry date constitutes an instruction to pay the price of that order. 
EviDenS De Beauté reserves the right to suspend any Order in the event of non-payment or the bank’s refusal to authorize payment. EviDenS De Beauté cannot be held liable for any embezzlement or fraudulent use of any means of payment not detected. The Purchaser warrants that they have the necessary permissions to use the payment method they have chosen for their Order. Any fraudulent use of a means of payment cannot give rise to a refund by EviDenS De Beauté.
Transactions made on the Site are secured by the STRIPE payment system.
The ’s’ in the ‘https’ on the payment page signifies that the site is secure.
Confidential data concerning the means of payment cannot be accessed by EviDenS De Beauté but is managed directly by the security department.
Purchase invoices are available in the My Account area of the Site and provided in each order. They are sent by email to the email address provided by the Purchaser when placing their Order on the Site.

Delivery

EviDenS De Beauté delivers worldwide in compliance with the prevailing local regulations. Shipping costs are free for European Union countries for all orders over $250€/£. Shipping is free for international purchases over $350€/£.
Exceptions for Deliveries
·       The majority of orders for delivery within Paris are sent by courier.
·       Following BREXIT and the United Kingdom’s departure from the European Union, EviDenS De Beauté will cover the cost of taxes and transport fees.

 
Shipping costs are calculated according to the delivery method chosen by the Purchaser for the entire Order. The total shipping costs are quoted to the Purchaser just before confirming their Order. Any subsequent amendments to the delivery address cannot be accepted.
The products ordered will be sent to the delivery address provided by the Purchaser when placing their order.
The address provided by the Customer must be valid: for example, delivery cannot be made to a PO box, a hotel room or to any shared location where an individual address cannot be assigned.
A single Order cannot be delivered to several addresses.
EviDenS De Beauté will take all necessary steps to ensure the Products are delivered within the time limits indicated. However, EviDenS De Beauté cannot be held liable for any failure to deliver owing to force majeure, the fault of a third party or a fault attributable to the Customer. The parcel’s delivery time by the carrier will vary depending on the delivery method chosen by the Customer on the Site. When sending the package, the carrier will send the Purchaser the corresponding tracking number by email.
If their Order is delayed or not received, the Customer must inform Customer Service by email as soon as possible at info[@]evidensdebeaute.com so that an investigation can be carried out, which may take several days.

Archiving and Proof of Contract

The Purchaser agrees that exchanges between the Parties will take place by email. Retention of the Order information, confirmation of the Order acceptance and any exchanges between the Parties will be deemed proof of the contract of sale. The Customer may access details of orders they have placed at any time by sending an email to Customer Service.

Right of Withdrawal, Return and Refunds

Under Article L. 221-18 of the French Consumer Code, the Purchaser has the right to withdraw from their Order without providing any reason within fourteen (14) full days of receipt of the order. To exercise this right of withdrawal, the Customer must inform EviDenS De Beauté of its decision to withdraw within the above period by sending Customer Service the withdrawal form.

The Customer must, at their own expense, return the Products in perfect condition, in their original packaging with any notices, accompanied by the return slip no later than within fourteen (14) days of notification of their decision to withdraw. Where the fourteen (14) day period expires on a Saturday, a Sunday, a bank holiday or other public holiday, this will be extended to the next working day. 

 

However, the right of withdrawal may not be exercised for Orders where the products’ seal has been broken by the Purchaser after delivery, and which cannot be returned for hygiene or health protection reasons, in accordance with Article L.221-28 of the French Consumer Code.
If after checking the Products it is found that these conditions have not been adhered to, the Products will be refused and returned to the Customer at their own expense.
If the conditions have been met, EviDenS De Beauté will then reimburse the Customer for the sums paid. EviDenS De Beauté reserves the right to postpone the refund until the returned Products have been received, in accordance with paragraph 2 of Article L.221-24 of the French Consumer Code. If the refund is accepted, it will be made using the same payment method as used by the Purchaser for initial payment of the Order.
If the Products do not conform to the Order, the Purchaser has a period of 10 days to notify EviDenS De Beauté and to return the products in perfect condition, sealed in their original packaging with any notices. After this period, the Products delivered will be deemed to be in conformity and accepted by the Purchaser.
With the exception of the specific instance where the Products do not conform to the Order, the Product cannot be exchanged. If the Customer changes their mind and wishes to exchange a Product ordered for a new Product, they must return the Product in exercise of their right of withdrawal. The product will be refunded but not exchanged. To obtain a new Product, the Customer must place a new Order on the Site.

 

 

Legal Guarantees

Unless the server is unavailable, the Purchaser will pay for their Order once it has been confirmed on the Site using the payment options available.

For online payments by bank card, only cards bearing the ‘CB’ symbol, cards bearing the ‘VISA’, ‘EUROCARD’ or ‘MASTERCARD’ brand accepted in France, or cards issued as part of international networks approved by the Bank Cards Economic Interest Grouping (EIG) will be accepted. 

In accordance with the French law, EviDenS De Beauté reminds Users of the following legislation:

 

 

Article L. 217-4 of the French Consumer Code:

 

 

‘The vendor will deliver the goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. It is also responsible for conformity defects resulting from the packaging, assembly or installation instructions where it is responsible for these under the contract, or where they have been produced under its supervision.’

 

Article L. 217-5 of the French Consumer Code:

’The goods will be in conformity with the contract:

 

 

1. If they are fit for the purpose habitually expected of similar goods and, where applicable:

 

 

- if they correspond to the description provided by the vendor and possess the qualities the latter presented to the buyer in the form of a sample or model;

 

 

- if they exhibit the qualities that a buyer may legitimately expect in view of public statements made by the vendor, by the producer or by their representative, for example in publicity or labelling;

 

 

2. If they exhibit the characteristics defined by mutual agreement by the Parties or are fit for the special purpose sought by the buyer, brought to the vendor’s attention and accepted by the latter.’

 

Article L. 217-12 of the French Consumer Code:

 

 

‘Action resulting from a non-conformity will have a statute of limitations of two years as from delivery of the goods.’

 

Article L. 217-16 of the French Consumer Code:

 

 

‘Where, during the validity period of the commercial guarantee granted at the time of purchase or repair of movable goods, the buyer requests from the vendor a repair covered by guarantee, any period of at least seven days in which these goods are out of use will be added to the remaining term of the guarantee.

 

 

This period will begin to run as from the request for action by the buyer, or from the provision of the goods in question for repair if such provision occurs after the request for action.’

 

Article 1641 of the French Civil Code:

 

 

‘The vendor is bound by the guarantee against hidden defects of the item sold that render it unfit for its intended purpose, or which diminish its usage in such a way that the buyer would not have purchased the item or would have purchased it at a lower price if they had known about these defects.’

 

Article 1648(1) of the French Civil Code:

 

 

‘Action resulting from latent defects must be brought by the purchaser within two years of the discovery of such defects.’

 

 

 

 

The following are excluded from any guarantee:

·       products modified or altered by the Purchaser or by any other person not authorized by EviDenS De Beauté

·       visible defects

·       *products damaged during transport or misused.

Force Majeur

No Party will be liable for total or partial non-fulfilment of their obligations under this contract if such non-fulfilment is caused by a force majeure event. Events that meet the criteria laid down by case law will be considered cases of force majeure.
The Party claiming a force majeure event must notify the other Party within five working days following the occurrence of, or threat of, such an event.
The Parties agree that they must consult each other as soon as possible to determine together arrangements for fulfilment of the order for the duration of the force majeure event.
If this interruption exceeds a period of one (1) month for reasons of force majeure, EviDenS De Beauté will not be bound to honor the order, provided it reimburses the Purchaser as appropriate.

Entire Agreement

These general conditions of sale and the order summary forwarded to the Purchaser form a contractual whole and constitute the entirety of the contractual relationship between the Parties.
In the event of a discrepancy between these documents, the general conditions of sale will prevail.
Any invalidity of one or more of the clauses of these General Conditions of Sale and Use will not affect the validity of these General Conditions as a whole.