Termes and Conditions
Refeel Naturals, a simplified joint-stock company with a share capital of 1,300 euros, headquartered at 128 rue La Boétie - 75008 Paris, registered with the Paris Trade and Companies Register under number 889 810 636, offers cosmetic products (the "Products") for sale through its website www.refeelnaturals.com (the "Site").
The Site is an e-commerce website accessible to all Internet users. As users, you are responsible for providing your own computer and telecommunication means to access the Site, and the costs of access and usage are at your expense.
These General Terms and Conditions, which are supplemented by the legal notices on the Site, have the following purposes:
- Firstly, to inform you about the terms and conditions of sale and delivery of the Products offered by Refeel Naturals, and
- Secondly, to define your rights and obligations, as well as those of Refeel Naturals, in the context of using the Site and in the context of the sale of Refeel Naturals Products on the Site.
These General Terms and Conditions are presented in the French language.
Any Order placed on the Site implies your acceptance and unconditional adherence to these General Terms and Conditions, which you acknowledge having previously reviewed in a durable format allowing you to save or print them.
By validating your Order and accepting the General Terms and Conditions, you declare (i) to have full legal capacity and (ii) to have a perfect understanding of the General Terms and Conditions and the elements related to your Order.
Refeel Naturals cannot be held responsible if a person without the legal capacity to contract purchases Products on the Site. The legal representatives of such a buyer assume full responsibility for the Order, including payment of the price.
Refeel Naturals reserves the right to modify these General Terms and Conditions at any time and without prior notice. The applicable General Terms and Conditions are those you accepted at the time of placing your Order.
Given the dematerialization of exchanges, you consent to all data, information, files, and any other computer elements exchanged and stored in the computer systems of Refeel Naturals and/or its partners having the value of evidence for all communications, Orders, and payments made under Article 1366 of the Civil Code.
ARTICLE 1. DEFINITIONS
In this Agreement:
Refeel Naturals shall have the meaning ascribed to it in the preambule.
Client refers to any User placing an Order on the Site.
Order means any order for Products placed by a Client, with an obligation of payment, made and validated on the Site.
Client Account shall have the meaning ascribed to it in Article 4.
General Termes And Conditions refers to these general terms and conditions of sales and use.
Force Majeure refers to any events or circumstances that are irrisistible, unpredictable, inevitable, and beyond the control of the Parties, including but non limited to: war, riot, strike, lockout, commercial dispute, labor disruption, fire, flood, storm, earthquake, interruption of telecommunications services, or difficulties specific to telecommunications networks, or transportation or supply blockage.
Parties refers to Refeel Naturals, Users of the Site, and Clients.
Price shall have the meaning ascribed to it in Article 3.
Product shall have the meaning ascribed to it in the preambule.
Customer Service refers to Refeel Naturals' customer service, the contact information for which is provided in Article 15.
Site shall have the meaning ascribed to it in the preambule.
User refers to any user of the Site who can access it, browse its pages, and place Orders if applicable.
ARTICLE 2 - PRODUCTS OFFERED BY REFEEL NATURALS
On the Site, you will find descriptions and essential characteristics of all the Products offered for sale to you. This allows you to access all relevant information about the Products prior to placing any Orders.
The offers presented are valid as long as they are visible on the Site and within the limits of available stock. We reserve the right to modify the selection of Products presented for sale on the Site at any time, subject to fulfilling existing Orders.
We make every effort to satisfy you and strive to present and describe items as accurately and precisely as possible. However, despite the careful construction of our Site, the description of the Products may contain errors.
We aim to provide photographs that are true to the Products sold. Nevertheless, it is not excluded that your perception of an item may differ from reality due to the digital representation method, which you expressly acknowledge.
We commit to making our best efforts to correct any errors. To this end, we will pay close attention to any feedback you provide to Customer Service.
The Products offered for sale comply with the legal and regulatory provisions in force in France. Refeel Naturals cannot, under any circumstances, be held responsible for non-compliance with the laws of the country where a product is delivered if it is not France.
In the event of delivery to a country other than France, it is your responsibility to check with the local authorities of that country regarding the possibilities of importing or using the Products you intend to order.
ARTICLE 3. OUR PRICES
The prices of the Products are indicated in euros on the Site and include the applicable VAT (the "Price" or "Prices"). The Prices take into account the taxes applicable on the day of the Order, and any change in the tax rate will be automatically reflected in the Price of the Products.
We reserve the right to modify the Prices of the Products at any time. The Products will be invoiced based on the rate in effect at the time of the validation of your Order.
The Prices do not include delivery charges, which will be indicated as an additional cost before the validation of your Order, depending on the country to which you wish to have the Products delivered.
In the case of an Order to be delivered outside the French territory, your Order may be subject to possible taxes and customs duties when it reaches its destination. The payment of these duties and taxes is your responsibility, and we encourage you to check with the relevant authorities in your country for information.
ARTICLE 4. HOW TO CREATE A USER ACCOUNT ON OUR SITE
Ordering any product on the Site requires the creation of a personal online account via the Site ("Log In").
To do this, you must complete an online form on the Site, providing your personal information, including but not limited to: your name, first name, email address, postal address, and phone number.
You commit to providing accurate and truthful information and to updating it in case of any changes.
You will choose a password, and your username will correspond to your email address. This username and password, strictly personal, are used to ensure the security of your Customer Account.
You must ensure that you keep your username and password secure, as you will be solely responsible for any activity through your Customer Account. If you lose your password and need to regain access to your Customer Account, you have the option to generate a new password by making a request on the Site.
Refeel Naturals is not responsible for any potential identity theft. You must promptly report any event that appears fraudulent on your Customer Account so that appropriate measures can be taken.
ARTICLE 5. PLACING AN ORDER ON THE SITE
Ordering Products on the Site is subject to compliance with the procedure established by Refeel Naturals, which involves several successive steps leading to the validation of the Order with an obligation to pay.
You make your selection by browsing the pages of the Site and adding the desired Product(s) to your cart.
The cart summarizes the selected Products, the desired quantities, as well as the Prices and the associated delivery charges.
At any time, you have the option to validate your cart in order to proceed with the Order.
Before definitively confirming your Order, you will have the opportunity to review the information provided, including all details relevant to the delivery. You have the ability at any time to identify and correct any possible errors in the input of your data.
Finally, before proceeding to payment, you must read and accept these General Terms and Conditions, and the validation of your Order is subject to your unconditional acceptance by checking a box indicating the statement "I have read and accept the general terms and conditions of sale and use."
The Order will be processed by our services upon receipt of payment, and we will send you an email acknowledging receipt, indicating the description of your Order.
Refeel Naturals reserves the right to refuse an Order in case of payment incident, fraud or attempted fraud related to the use of the Site, or an existing dispute or previous Orders. You will be notified of this refusal by email, and the Order will be refunded in case your payment method has been charged.
In the event of unavailability of one or more ordered Products, you will be notified by email as soon as possible of this unavailability and the total or partial cancellation of the Order. You will be refunded for the amount corresponding to the unavailable Product(s) no later than 7 days after payment of the sums paid.
ARTICLE 6. PAYMENT TERMS
Payment for Orders is made by credit card (Visa, MasterCard, American Express, other credit cards).
You guarantee that you are the cardholder used for payment or that you are duly authorized to use it.
As part of payment security, we reserve the right to request additional information if we deem it necessary, such as an identity document or proof of residence.
Refeel Naturals cannot be held responsible for any fraudulent use of the payment method used.
Refeel Naturals uses the secure payment service Stripe, which employs "3D Secure" technology for all payments made on the Site. Payments are secured through a protocol for encrypting banking data, and we do not store credit card numbers.
ARTICLE 7. PRODUCT DELIVERY
The Products will be delivered to the address provided at the time of Order validation, no later than the date indicated in the confirmation email of your Order. Therefore, it is essential to ensure the accuracy of this address.
Refeel Naturals delivers to all territories, except territories with official regulations prohibiting the import of all or part of the Products sold on the Site.
Refeel Naturals entrusts the delivery of Products to various delivery services, including Colissimo by La Poste and Mondial Relay. The delivery period begins upon receipt of the email confirming the Order.
The transfer of risks of loss and damage related to the Products will be transferred to you upon their delivery.
In case of a delay in delivery, we will inform you by email as soon as possible and propose a new delivery date.
If the delay is not due to a Force Majeure event, you have the option to cancel the Order. You must first send a formal notice by registered letter with acknowledgment of receipt or by email to Customer Service, requesting delivery within a reasonable additional period. If this new deadline is not met, you have the option to request the cancellation of the Order in the same formal manner. You may then be reimbursed the total amount of the Order, including delivery charges, promptly and no later than fourteen (14) days after Refeel Naturals receives the registered letter with acknowledgment of receipt or the email.
If you or the recipient are absent on the day of delivery, the delivery person will leave a notice in the mailbox, allowing you to pick up the package at the specified location and within the indicated time frame.
If the package is not picked up within the specified time frame, it will be returned to Refeel Naturals, and you can choose between having the package resent at your expense or receiving a refund for the Order, with delivery charges deducted.
No dispute regarding the delivery is possible if the package is recorded as delivered in the postal system (flashing system) of La Poste.
In the event of receiving a damaged package (e.g., torn, opened), you can:
- Refuse the package, following the conditions specified by the carrier, in which case the package will be returned to Refeel Naturals.
- Accept the package while reporting the damage to its packaging to the carrier, following the carrier's conditions, and also notify Customer Service within a maximum of three (3) days.
You must check the condition of the delivered items. In case of damaged or missing items, or in the event of a delivery error (Products not corresponding to the Order), you must file a complaint with Customer Service within a maximum of three (3) days, along with any supporting evidence for your claim. We may conduct any necessary verification in this regard.
In case of a delivery error or damaged Products, the Products should be returned in their entirety and in their original packaging by Colissimo to the following address: Refeel Naturals – Returns – 4 allée Florent Schmitt, 92210 St Cloud. Return costs will be covered by Refeel Naturals.
Failure to comply with these procedures excludes any recourse against Refeel Naturals, and you will not be entitled to any refund or the delivery of new Products ordered, among other claims.
ARTICLE 8. CHANGING YOUR MIND
You have a period of fourteen (14) days from the day after the delivery to return the Products without penalty and without giving any reason, by notifying your withdrawal to Customer Service. To this end, you will find a model withdrawal form in Annex 1 of these General Terms and Conditions.
You must return the relevant Product(s) to us at the following address: Refeel Naturals – Returns – 4 allée Florent Schmitt, 92210 St Cloud. The Products must be returned in their original packaging, in perfect condition, unopened, and accompanied by any possible accessories. We recommend using a tracked shipping method for the return to provide proof of the return.
Return costs are at your expense.
You cannot exercise your right of withdrawal on unsealed Products for which resale would pose risks for reasons of hygiene or consumer health protection.
Subject to compliance with the conditions of the right of withdrawal as set out above, we will refund you the amount of the relevant Products as well as the delivery costs, within a maximum period of fourteen (14) days from the receipt of the Products by Refeel Naturals.
ARTICLE 9. YOUR WARRANTIES
The Products sold on the Site are covered by the legal conformity warranty provided for in Articles L.217-4 and following of the Consumer Code and by the legal warranty for hidden defects provided for in Articles 1641 and following of the Civil Code, the articles of which are reproduced below.
Legal Conformity Warranty
Excerpts from the Consumer Code
Article L.217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It also responds to defects of conformity resulting from packaging, assembly instructions, or installation when it has been charged with them by the contract or when they have been carried out under its responsibility."
Article L.217-5 of the Consumer Code: "The good is in conformity with the contract: 1° If it is suitable for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the seller."
Article L.217-12 of the Consumer Code: "Action resulting from a defect of conformity is limited to two years from the delivery of the good."
Article L.217-16 of the Consumer Code: "When the buyer requests the seller, during the course of the commercial guarantee granted to him at the time of acquisition or repair of a movable item, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the request for intervention by the buyer or from the availability for repair of the item in question, if this availability is later than the request for intervention."
Warranty for Hidden Defects
Excerpts from the Civil Code
Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold that render it unfit for its intended use, or that so impair its 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 1648, paragraph 1, of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."
For any claims regarding these legal warranties, please contact Customer Service.
These provisions are not exclusive of the right of withdrawal provided for in Article 6 above.
With regard to the legal conformity warranty:
- you have a period of two (2) years from the delivery of the goods to take action;
- you can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- you are exempt from providing proof of the existence of the conformity defect of the goods during the twenty-four (24) months following the delivery of the goods.
You can decide to invoke the warranty for hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you have the choice between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 10. OUR LIABILITY
We do our best to satisfy you. We are responsible for the proper execution of these General Terms and Conditions.
However, our liability cannot be engaged due to a Force Majeure event, the unforeseeable and insurmountable action of a third party, a failure or mistake by the Client, or the non-compliance of a product with foreign legislation in the case of delivery to a country other than France.
Furthermore, Refeel Naturals cannot be held responsible for the use of the Products that does not comply with their instructions for use.
Refeel Naturals has only an obligation of means regarding access to the Site, its consultation, and the ordering process. It cannot be held responsible for damages inherent to the functioning of the Internet, including any connection disruptions or computer virus intrusions.
ARTICLE 11. USE OF THE SITE
Users agree not to use the Site or the services offered by the Site in a manner that would violate public order, good morals, the rights of third parties, or violate laws or regulations in force, and more generally, that could engage the civil or criminal liability of Refeel Naturals (such as, in particular, engaging in illegal, fraudulent activities, or activities that compromise the security of third parties, intruding into a third party's computer system, or any other activity that may harm, control, interfere with, or intercept all or part of a third party's computer system, steal all or part of it, or its security, send unsolicited emails and/or commercial prospecting that could be considered spamming...).
ARTICLE 12. DEACTIVATION OF YOUR CUSTOMER ACCOUNT
You may request the deletion of your Customer Account at any time by sending a request to Customer Service.
Additionally, non-compliance with these General Terms and Conditions, as well as any payment incidents, actions contrary to the interests of Refeel Naturals, the provision of false information, may lead to the suspension of access to the Customer Account or even the deletion of said account, depending on the seriousness of the actions involved, without any claims for damages or compensation of any kind being made to Refeel Naturals.
Refeel Naturals reserves the right to refuse any order from a Customer with whom such a dispute exists, even if the Customer uses a new account.
ARTICLE 13. PROCESSING OF YOUR PERSONAL DATA
We collect your personal information and personal data when you register a User Account and when you place an Order. Additionally, we may collect the personal data of order recipients when they are different from the buyer.
You consent to the collection and processing of your personal data, as well as non-personally identifiable data (e.g., anonymous user data, cookies, IP address, browser type...).
The collection of this data is necessary for the management of your Orders, as well as for improving the services and information we provide to you. [This data may also be used for loyalty, commercial prospecting, and promotion purposes.] [Information may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment.]
In accordance with the "Information Technology and Liberties" law of January 6, 1978, in its latest up-to-date version, Refeel Naturals undertakes to take all necessary precautions to preserve the security of personal data concerning Site users, and in particular to prevent this data from being distorted, damaged, or accessed by unauthorized third parties.
In accordance with the "Information Technology and Liberties" law of January 6, 1978, in its latest up-to-date version in force, you have a permanent right of access, modification, rectification, and opposition to the information concerning you.
You can subscribe to the Refeel Naturals newsletter and choose to be regularly informed of the offers provided. At any time, you have the option to unsubscribe by clicking on the designated link in each newsletter.
ARTICLE 14. COOKIES
Users have the option to block, modify the storage duration, or delete these cookies through their browser's interface. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the Site, this dysfunction shall in no way constitute damage to the User, who cannot claim any compensation as a result.
ARTICLE 15. CONTACT US IF NEEDED
For any information or questions, you can consult the FAQ available here. For any specific questions or complaints under these General Conditions, you can contact our Customer Service using the following contact information:
- By filling out the form provided in the "Contact Us" section;
- By email at: email@example.com;
- By phone from Monday to [Friday] from 9 am to 7 pm at: +33 9 72 17 75 10 (local call rate from France);
- By mail at the address: Refeel Naturals – 128 rue La Boétie, 75008 Paris.
ARTICLE 16. INTELLECTUAL PROPERTY
The Site and all its components, including but not limited to domain names, the Site's graphic design, the logo and the "Refeel Naturals" trademark, the texts, images, photographs, and illustrations published, the structure and source code of the Site, and the databases, are the exclusive property of Refeel Naturals, unless otherwise specifically indicated on the Site.
Any dissemination, exploitation, representation, reproduction, or modification, in whole or in part, without the express authorization of Refeel Naturals, is prohibited and exposes the infringer to civil and criminal proceedings.
ARTICLE 17. LINKS TO OTHER WEBSITES
The Site may provide links to other websites for which Refeel Naturals disclaims all responsibility regarding their content and practices.
ARTICLE 18. NON-WAIVER
The failure of either Party to enforce any breach by the other Party of any of the obligations set forth in these General Conditions shall not constitute a waiver of the obligation in question.
ARTICLE 19. PARTIAL INVALIDITY
If one or more provisions of these General Conditions are held to be invalid under the law, regulation, or a final decision of a competent court, the other provisions of these General Conditions shall remain fully valid and enforceable.
ARTICLE 20. ASSIGNMENT
You may not assign or transfer your rights and obligations under these General Conditions to any third party without the prior written consent of Refeel Naturals.
Refeel Naturals may, at any time, assign or transfer all or part of its rights and obligations under these General Conditions, particularly in the case of reorganization, provided that such transfer or assignment does not deprive Customers of their rights.
ARTICLE 21. APPLICABLE LAW AND DISPUTE RESOLUTION
These General Conditions are subject to French law.
In case of a complaint or dispute related to the execution or interpretation of these General Conditions, you should contact Customer Service at firstname.lastname@example.org to attempt to amicably resolve the dispute.
Additionally, unless you reside in the European Union, you can submit your complaint on the online dispute resolution platform provided by the European Commission at the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. The European Commission will forward the complaint to the relevant national mediators.
Except for any contrary mandatory legal provisions that are more favorable, any dispute related to these General Conditions shall be subject to the exclusive jurisdiction of the competent French courts, with the understanding that the time limits for judicial action are not interrupted during the period in which an amicable solution is sought or mediation is requested.
ANNEX 1 - MODEL WITHDRAWAL FORM
You can use the withdrawal form template below: (Complete and return this form only if you wish to withdraw from the contract)
To REFEEL NATURALS, 128 rue La Boétie, 75008 Paris, email@example.com:
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): Ordered on ()/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):