Terms and Conditions
Introduction
The online boutique ww.be-ecocentric.com (hereinafter named “Website”) can be accessed by any Internet user. It is published by LED, a French company registered under 514 426 204 at Chalon sur Saône and headquartered at 8, rue des Huiliers 71590 Gergy, FRANCE.
The Website enables Ecocentric to sell beauty and spa products, fashion items and fine food (hereinafter named “Products”) to any Internet user (hereinafter named “User”)
Before ordering, the User declares to have full legal capacity to be able to commit himself to honor the following terms and conditions.
Any order of one of the Products available for sale on the Website involves the User’s complete agreement with the following terms and conditions. This agreement doesn’t need any handwritten signature to be valid. According to the Law (Civil Code of the French Republic articles 1316 to 1316-4 implemented by Decree n°2001-272 of 03/30/2001), the order confirmation, as explained in article 3.3 below, is an electronic signature that has the same value as an handwritten signature.
The User may save or print the following terms and conditions, but is not allowed to change any part of it.
Article 1. Purpose
Article 2. Products - Price
Article 3. Registration and validation of order
Article 4. Payment
Article 5. Delivery
Article 6. Cancellation clause
Article 7. Returns
Article 8. Liability
Article 9. Copyrights
Article 10. Privacy
Article 11. Various terms
Article 1. Purpose
Following terms and conditions aim at defining duties and rights of the Purchaser and the Seller on the occasion of an order of Products available for sale on the Website only.
Article 2. Products - Price
2.1. Products
Products offered for sale by Ecocentric are those that appear on the Website on the day of the User’s visit and within the limits of available stocks. In the case of a lack of availability, Ecocentric will let the User know as soon as possible.
In the case of a lack of availability of a product ordered and paid during more than 30 days, the User will be notified by email. The product is then withdrawn from the order and refunded. The rest of the order is not involved and remains.
In accordance with the article L. 111-1 of the Code of Consumption of the French Republic, the User has access to the main characteristics of the product that he is willing to order.
The Products available for sale are described, introduced and displayed with the best rightness possible. However if some errors or omissions may occur, Ecocentric is not liable.
In case of a packaging or esthetical change made by the supplier, Ecocentric is not liable for the picture displayed on the Website and the order validity cannot be questioned for this reason.
Only the pdf order confirmation sent by email before payment prevails regarding the price and any special offers that might apply to the order. Displaying an offer on the shopping bag page before identification to the Purchaser account (or account creation) can in no way be enforceable.
2.2. Price
All orders and products are payable in Euros. The exchange rates displayed are for information purposes only and are subject to change without notice.
Displayed prices in Euros are guaranteed within the limits of available stocks unless typing error, omission or significant changes of charges, including V.A.T.
Displayed prices do not take in delivery and packing costs that will be additionally charged and notified to the User before the order final validation.
Ecocentric is allowed to change prices anytime without notice but Products will be charged at the prices applicable at the time of order registration, within the limit of Products’ availability.
Article 3. Registration and validation of order
3.1. Browsing on the Website
The User can freely learn about the Products without being committed under any order.
Telecommunication cost to get an access to Internet and the Website remain at User’s expenses.
3.2. Registration of order
To order Products, the User must use the basket button (“Add to cart”).
At anytime, the User may:
- get an overview of the Products he has already added to cart by clicking on “My cart : x item(s)” in the upper left corner of each page,
- keep on shopping by clicking on “Back to shopping” button,
- complete shopping list and order selected Products by clicking on “Check out” button.
To check out, the User has to log in, either by entering his email address and password if he already has an account, or by filling in the account creation form. In the latter case, the User must give accurate information, including name and mailing address. In addition, the User must provide his email address and choose a confidential password he will need to log in later on the Website.
The User is notified and agrees that the logging in using his email address and password is regarded as a proof of his identity and expresses his approval.
Once logged in and after verifying the accuracy of his information, including name and mailing address, the User may click on “NEXT” button to see the order review: Products prices and quantity, order total amount, delivery and billing addresses.
3.3. Validation of order
After a complete review of the order and information asked, the User may click on “Payment” button for a final validation of his order.
Then he will choose by click on the logo the means of payment he will use to pay his order, provided that the User has at his disposal one of the means of payment described in Article 4 below.
It is clear that in case of a credit card online payment, as described in Article 4 below, the User will be automatically switched to the electronic banking server of the bank BNP PARIBAS (Hereinafter named “Bank”). The server of the Bank is safeguarded by a SSL (Secure Socket Layer) encryption to protect as effectively as possible all data related to payment. At no time, payment data pass on Ecocentric computer system. Ecocentric is then not liable if any problem occurs.
Upon valid payment, the order becomes irrevocable. The User becomes a Purchaser. The order form will be sent to the Purchaser by email and registered on Ecocentric computer records stored in a reliable and durable media. The order form will be regarded as a proof of the contractual relationship existing between the Purchaser and Ecocentric.
Article 4. Payment
4.1. Means of payment
The amount due by the Purchaser is the amount written on the order form sent by Ecocentric to the Purchaser.
The Purchaser can choose between different means of payment:
- By immediate online credit card (Blue Card, Visa, Eurocard/MasterCard, American Express) payment.
- By bank transfer.
In this case, the Purchaser has to mention the order number in the bank transfer details. The Products will be sent as soon as bank transfer has been received.
4.2. General rules
All payments are due in Euros. The Purchaser guarantees Ecocentric he has any required permission to use the means of payment of his choice.
However, Ecocentric reserves the right to refuse any order or delivery in the event of a dispute existing between Ecocentric and the Purchaser, a nonpayment of all or part of the order or a previous order, a missing authorization for credit card payment, the use of a credit card not issued by a French financial institution. Ecocentric is not liable in any of these cases.
For payment, Ecocentric reserves the right to request a photocopy of the Purchaser Id or, if appropriate, the photocopy of the means of payment owner Id, or a payment by bank transfer. For over 400 Euros orders, Ecocentric reserves the right to request a certified photocopy of the Purchaser Id or a payment by bank transfer.
In accordance with Article L. 134-2 of the Consumption Code of the French Republic, for over 120 Euros payments, Ecocentric will file a written or electronic proof of the transaction during the statutory period applicable.
As part of the fight against fraud on the Internet, information regarding the order placed by the Purchaser may be provided to any third party for verification.
Article 5. Delivery
5.1 Delivery time
Delivery time after validation and payment of the order is :
- Economical Service : 7 working days for France, 7 to 10 working days for other countries
- Standard Service: 3 to 5 working days for France, 5 to 7 working days for other countries
- Express Service: 2 to 3 working days
Delivery times listed are targets from the day following the validation of the order by the Purchaser. They include order processing time and delivery time. In any case, no damages may be claimed and the order may not be suspended or cancelled if targeted delivery time is not reached.
The Product will be sent by regular postal service or professional forwarder. Ecocentric is not liable if delivery time is too long due to postal or carrier bad service, means of transport or strike or in case of loss of the Products ordered.
Transport risks are borne by the Purchaser, which will have to send a justifiable objection to postal or carrier service within 3 working days after delivery.
Furthermore, it is clear that ownership of the Products ordered will be transferred only after full payment of the order and shipping cost.
5.2. Delivery characteristics
- Standard Service: Colissimo of the French General Postal Service
The order is delivered directly to the delivery address. In case of absence, the Purchaser or the recipient of the Products gets in his mailbox a ticket necessary to collect the Products from the nearest post office within 15 days.
- Express Service: Chronopost of the French General Postal Service or UPS
The order is delivered directly to the delivery address by a delivery man from Chronopost or UPS Company. In case of absence, the Purchaser or the recipient of the Products gets in his mailbox a paper with delivery Company details to them to agree upon a new delivery date.
The Purchaser shall ensure that the personal data provided during the validation of the order is accurate and complete. Ecocentric can not be held responsible for loss delayed delivery or return of the order if the customer data is incorrect or incomplete.
No dispute on the delivery itself is possible if the package appears as delivered on the electronic tracking system. The tracking system information is considered valid and the Purchaser will have to solve the situation with the local shipping company in charge of the delivery.
In case of return to sender for incomplete or incorrect address, the cost of returning the product will be charged to the Purchaser.
Damaged parcel
If the Purchaser has any doubt about the content or the condition of the parcel, he is asked to:
- Standard Service: apply the Colissimo procedure and refuse the parcel by issuing an incident report to the delivery person directly or with unopened parcel at the nearest post office within 24 hours of delivery and to notify Ecocentric Customer Service.
- Express Service: refuse the parcel at delivery and notify Ecocentric Customer Service within 24 hours of delivery.
Damaged or missing product
In spite of all the care taken by Ecocentric in the order processing, it is possible that a product is missing or damaged during transportation.
That’s why the Purchaser is asked to verify compliance of the Products on receipt of the order. Any anomaly concerning the delivery (missing or damaged Product(s)) has to be imperatively notified the same day of delivery or not later than the first working day following delivery to Ecocentric Customer Service by email or mail sent to the following address:
Ecocentric
Customer Service
8, rue des Huiliers
71590 GERGY
FRANCE
Ecocentric reserves the right to ask the Purchaser to return the damaged or defective Product(s).
It is clear that some product may be secured by a piece of tape or other means to limit the risk of opening during transportation. It does not question in any way the fact that it is a new product and does not constitute a proof of defect.
If the above conditions are met, Ecocentric will then either exchange or refund the Product(s) involved or send the missing Product(s) - subject to the legitimacy of the Purchaser complaint.
Ecocentric will be contacting you to keep you informed of the status of your order.
5.3. Customs duties
Any order placed on the Website and delivered outside of France may be subject to taxes and custom duties applicable in the destination country.
The Purchaser is liable for these duties and taxes and the cost is at the Purchaser expenses. Ecocentric is not required to verify and inform the Purchaser of the amount or terms of customs duties and taxes. The Purchaser is invited to ask the details to the competent authorities of his country.
Article 6. Cancellation clause
In accordance with the Article L 121 and followings from the Consumption Code of the French Republic , the Purchaser has the right to return at his expenses without any explanation the Products within 7 days from delivery date. The products will have to be sent back to Ecocentric. See Article 7 for details of the procedure.
If all conditions are met, Ecocentric will refund the Products within 7 days after reception of the returned Products. The delivery cost remains at the Purchaser expenses.
The Products sold during sales period, private sales or with special discount entitle for a credit note only. No refund is possible.
Article 7. Returns
Before returning any product, the Purchaser must first get in touch with Ecocentric Customer Service to get a return authorization number.
For sale and discounted items a credit note will be issued.
Then the Products must be returned in their packaging and in perfect condition to the following address:
Ecocentric
Customer Service
8, rue des Huiliers
71590 GERGY
FRANCE
No returned parcel will be accepted in case of a lack of return authorization number or if shipping cost have not been paid.
Returned products must imperatively be in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), unopened, unused and duly sealed. Therefore any unsealed product cannot be returned, by extension no return is possible on make-up products for which the sale is final. Any risk related to the return of the product is the responsibility of the Buyer.
In case of non compliance with the return procedure and the deadlines specified in Article 6 above, the Purchaser can’t claim for non compliance or visible defect of the Products delivered. The Products are then deemed to be free of any visible defect and compliant.
Article 8. Liability
8.1. Force Majeure
Ecocentric is not liable for breach of contract in case of stock shortage or unavailability of Products due to a force majeure, disruption, total or partial strike of Postal Services, transport and/or communications.
8.2. Products guarantee
The Purchaser is explicitly and expressly informed that Products available for sale on the Website are not produced by Ecocentric as defined in Law 98-389 of May 19, 1998 on liability of defective products. Therefore, Ecocentric, as a pure retailer, is not liable for any direct or indirect damage which might occur after the purchase of Products. Only the manufacturer liability is fully committed, in particular under Articles 1641 and following of the Civil Code of the French Republic.
8.3. Duty-based Service
Ecocentric is a duty-based service, which means that Ecocentric has for any stage from access to the Website, to order processing and shipping or after sale assistance an obligation of means only. Ecocentric is therefore not liable for any inconvenience or damage due to the use of Internet, including service breakdown, external intrusion, bug or any fact considered as a force majeure in accordance with law and case law.
Article 9. Copyrights
All elements of the Website are the exclusive intellectual property of Ecocentric. Nobody is allowed to reproduce, use or repost for any purpose whatsoever, even partially, software, video or audio elements of the Website.
The User who has a website and who wishes to put a link pointing directly to the Website must necessary apply for an authorization from Ecocentric.
In any case, any link, even tacitly authorized, can be removed under Ecocentric request. If the link is pointing to another website than the Website, Ecocentric disclaims any liability in the case of the content of this site violates the laws and regulations.
Article 10. Privacy
10.1. Privacy - Information
In accordance with the Law about privacy on Internet, the information requested by Ecocentric are necessary for the registration and monitoring of your order, for sales management and the quality of our relationships. The lack of information implies the automatic rejection of the order.
In accordance with the Law78-17 of January 6, 1978 regarding electronic data and privacy, the collect and use of the personal data on the Website has been declared to the French Commission for Electronic data and Privacy.
The User has the right to access, modify, rectify and delete data about him. To exercise this right, the User must send a mail to Ecocentric Customer Service to the address notified hereinafter and state full name and mail address.
The email address of the User cannot be communicated to third parties without the express consent of the user when creating his account on the Website. Of course, later, the User has the option to refuse it by sending a mail to the following address :
Ecocentric
Customer Service
8, rue des Huiliers
71590 GERGY
FRANCE
10.2. Cookies
The Website may use some cookies. A cookie is an electronic file, stored on the hard disk of the computer of the User. It aims to report an earlier visit by the User on the Website. The only purpose of these cookies potentially used by Ecocentric is the customization of the services offered to the User.
10.3. Tags
Some pages of the Website may contain web tags which can count the number of visitors to this page. These web tags may be used with some of our partners, particularly to measure and improve the effectiveness of some advertising.
In any case, the information collected through these tags are strictly anonymous and are only used to get traffic statistics to better serve the Website users.
Article 11. Various terms
11.1. Partial invalidity
If one or more specifications of these terms and conditions are considered as invalid or declared as such by a law implementation, a rule or after the decision of a competent court, the effect and scope of all other specifications shall remain unaffected.
11.2. No release specification
Should either Party fail to apply his right to enforce any specification of these terms and conditions, such a decision shall not be considered as a release of the mentioned specification for the case at hand or in the future.
11.3. Contract limits and content
The present terms and conditions and the order form sent to the Purchaser are the only and complete contract existing and defining the contractual relationships between the Purchaser and Ecocentric.
11.4. Applicable law and competent court
The present terms and conditions and contractual relationships between Ecocentric and the Purchaser are subject to the French law. In case of dispute, an amicable solution will be sought before any legal action.
If failing amicable agreement, any dispute regarding the interpretation, fulfillment or breach of contract between the Purchaser and Ecocentric, even in case of multiple defendants, will be the exclusive jurisdiction of the Chalon sur Saone courts.