1. General Terms and Conditions of Sale
The commercial site www.elephas is edited by the French company Connected Beauties SAS, the registered office of which is located at 13, Ernest Cresson, 75014 Paris. The company is registered in the Paris Trade and Companies Register under number RCS 823 902 275 with a capital of 1 000 €. The site www.elephas.fr enables Connected Beauties to offer for purchase cosmetic products and accessories to web users navigating the site.
The Purchaser wishing to purchase online via the site hereby formally declares that he/she has full legal capacity to engage with the following General Terms & Conditions of Sale.
These general terms of sale comply with the provisions of Consumer Law no. 2014-344 of March 17, 2014.
All orders of Products offered on the website suppose the Purchaser agrees that he/she has read them, and any purchase of one or more products by the Purchaser implies his/her complete acceptance and advance agreement to adhere, in full, to these general terms of sale and warranties, which prevail over any other documents except for special conditions explicitly accepted in writing by Connected Beauties. In accordance with the provisions of Articles 1316 à 1316-4 of the French Civil Code, completed by the Decree n° 2001-272 of March 30th 2001, for the application of Article 1316-4 of the Civil Code and concerning electronic signature, it is to be noted that the validation of the order form constitutes an electronic signature which, between the Parties, has the same value as a written signature.
All orders, as well as all the services related, are subject without reservation to the present General Terms & Conditions. The present General Terms & Conditions represent entirely the reciprocal commitments between the Company and the Purchaser, who expressively accepts them.
The Client may save or print the present General Terms & Conditions of Sale, under the condition that he/she will not modify them.
The site provides distance selling of cosmetic products. The essential characteristics of the Products are described on the site. The Company reserves the right at any moment to add new Products, delete all or a part of Products sold, change their presentation or end their sale, without having to notify the User beforehand.
The Company Connected Beauties, owner of the brand ELEPHAS, reserves the right to modify at any given moment the present Terms & Conditions of Sale. In this case, the applicable conditions will be those in force the day the order is made by the Purchaser.
The prices of the Products sold on www.elephas.fr, indicated in Euros or in Pounds (depending on the Client’s choice), are those in effect at the moment the order form is passed by the Purchaser and registered on the e-shop.
These do not include shipping fees or other fees related to the order processing, which are billed in supplement to the prices of the products purchased. The shipping fees will be indicated before the order is finalized by the Purchaser and registered by the e-shop.
The prices include the value added tax (VTA) applicable on the day of the order and all changes in the rate will be automatically reflected in the price of products sold by Connected Beauties on their e-shop.
The payment must be made during the order by the Purchaser. At no moment can the payments be considered as deposits or advance payments.
All orders are payable in Euros or in Pounds. The Purchaser guarantees to the Company Connected Beauties that he/she has the authorizations possibly necessary to use the method of payment selected during the register of the order form.
Connected Beauties reserves the right to suspend or cancel all order and/or shipping, whatever its nature and stage of execution, in case of non-payment of any sum owned by the Purchaser, payment incident or existing litigation with the Purchaser.
Penalties equal to the legal interest rate plus five basis points are applicable to the unpaid amounts at the end of a ten-day period following the date of the bill or at the notification of rejected bank payment for all other modes of payment. The shipping of all new orders can be suspended in case of a delayed payment of a previous order, notwithstanding the present provisions.
For all payment, Connected Beauties reserves the right to ask for a photocopy of the Purchaser’s identity card, or when necessary, that of the holder of the bankcard used to make the purchase by the Purchaser.
In the fight against Internet fraud, information pertaining to your order might be communicated to third parties for verification.
To pay an order, the Purchaser has several possible modes of payment: Debit Card, Visa, Mastercard or PayPal.
Payments can be made using a bankcard: they will be made using the secure system Stripe. It uses the SSL protocol (Secure Socket Layer) to encrypt all the information transmitted using a software and safeguard it from any third parties during the transmission over the network.
In case of a payment by bankcard, the account of the Purchaser will be debited on the day of the registered order.
5. Product Choice
The Purchaser having acquainted himself with the Products and their characteristics, sold by the Company Connected Beauties under the brand ELEPHAS, is solely responsible for the choice of Products that he/she has determined ahead of any order. Furthermore, the Purchaser, being the only one knowing what products he/she has and uses, is considered to be the sole judge of the compatibility of the Products ordered with the ones used by him/her.
It is entirely the Purchaser’s responsibility to seek advice where he/she lacks the necessary expertise.
6. Order modification
All modification of the order requested by the Purchaser can only be taken into consideration if it reaches the Company by electronic means before the shipping of the Products.
7. Delivery and Reception
The products will be delivered to the address indicated on the order form by the Purchaser; the destination needs to be consistent with the geographical zone previously communicated.
By default, invoices are transmitted to the email address indicated by the Client during the purchase.
For lack of respect for the procedures outlined here, no claim by the Purchaser shall be accepted.
An order confirmed before noon, on Monday, Wednesday and Friday (outside of public holidays) is generally processed and shipped in the following 48 to 72 hours within the limit of available product stock. For other orders, the processing time and delivery is between 3 and 10 days.
All orders registered on a Friday after 12 pm to Sunday evening are generally processed the following Monday (except if public holiday).
- Characteristics of the Colissimo system by La Poste
The postman will deliver the package to the address given by the Purchaser. In case of absence of the latter, the Purchaser or the recipient of the ordered product will receive a delivery notification from the postman, which allows him/her to collect the ordered products at the nearest post office (or as indicated on the notification), during the following 15 days.
Delivery times, following the validation of your order, are as follows:
- Prêt-à-Poster Lettre Suivie (500 gr. -1 kg) France only: delivery in 2-3 working days (indicative timeframe, does not include French Overseas Countries and Territories (OCT) ).
- Colissimo by La Poste: For France, 3-5 working days; For Europe and rest of the World, 5-7 working days.
- Royal Mail: For UK. Four different options:
Second Class Post, 2-3 working days.
First Class Post, delivery next working day after posting.
Signed For* 2nd Class Post, delivery 2-3 working days after posting, tracked delivery
Signed For* 1st Class Post, delivery next working day after posting, tracked delivery
The Purchaser is required to check the state of the packaging of the shipment and its content at delivery in the presence of the transporter or postman.
Should the Purchaser have any doubt of any nature about the state or the content of the package, he/she is asked to:
-to apply the Colissimo procedure (in particular report owed damages, claims or reserves) and to refuse the parcel by immediately issuing an incident report to the employee (report 170) or at the nearest post office within 48 hours of reception.
-to report this incident to Connected Beauties in the 48 hours by writing to firstname.lastname@example.org and including the order number.
These delivery times are given on an indicative basis.
Possible delivery delays do not constitute a valid reason for compensation, stoppage or cancellation of the Purchaser’s orders.
In any event and in accordance with the dispositions of the Article L.121-20-3 of the French Consumer Code, the ordered products will be delivered within a maximum period of thirty days from the day following the day the Purchaser has placed the order, with the condition of full payment of the price.
If the package has not been delivered passed this 30-day period, the Purchaser has the possibility to cancel his/her order. The amounts paid by the Purchaser will be refunded without delay, excluding any indemnities.
In case of a delay in delivery relative to the date initially given, the Purchaser needs to contact Connected Beauties by letter or email in order for the Company to improve the quality of the service and allow it to proceed to an enquiry with the transporter.
8. Invoicing and Claims
An invoice is established for each order and is available and printable from the Client Account on www.elephas.fr. Furthermore, the weight of the package on the postal label will be used as a reference should a dispute arise concerning a missing product. If the weight on the postal label is not consistent with the weight registered for all the products included in the package, the Client is kindly asked to address his/her claim by email or by letter, including a copy of his/her invoice and order number.
All claims concerning the invoices must be brought to the notice of the Company in the 7 days following their reception by email at email@example.com or by letter addressed to: Connected Beauties, 13 rue Ernest Cresson 75014 PARIS. Failing that, they are considered accepted without reservation. The possible incomplete delivery of an order cannot justify the refusal of payment of the delivered Products. All litigation between the Purchaser and the Company is in no case a valid cause for a suspension of payment of a non-contested part of the invoice.
9. Retention of ownership
Connected Beauties keeps the full and whole property of products sold until full and complete payment of the price, including charges and taxes.
Connected Beauties shall not be held responsible for any breach of these Terms & Conditions caused by stock shortage or product’s unavailability due to an event that constitutes a case of force majeure, disruption or partial or total strikes particularly in the postal, transport and/or communications services.
11. Data protection
Personal data of the client (first name, second name, company’s name, position, electronic addresses, locations, phone numbers, bank details) is collected by the company in order to provide a good management of orders, deliveries and invoicing and in respect with the Act On Information Technology, Data Files And Civil Liberties N°78-17 of 6 January, 1978.
The client has the right of access, modification, correction or removal of personal data collected by the company.
To exercise this right, the client can send an email (firstname.lastname@example.org) or address a written request by letter at Connected Beauties au 13 rue Ernest Cresson 75014 PARIS (with a copy of ID card attached).
By making an order on the site, the Client gives his or her consent for the use of personal data collected during this order for the client base necessary for invoicing. In addition, the company can use the Client’s personal data in order to send commercial offers, which may be of interest for the client.
According to the Act On Information Technology, Data Files And Civil Liberties, the client has the right to oppose the reception of unsolicited commercial prospection by writing to the following address: Connected Beauties au 13 rue Ernest Cresson 75014 PARIS.
12. Return policy
The Purchaser has 14 days following the reception of his/her package to inform Connected Beauties of his/her wish to return it.
To be accepted by our services, the return must correspond to the following conditions:
– The Purchaser must inform the Company of his/her intention to return the Product(s) in the 14 days after delivery by email: email@example.com.
– The products must be intact and unopened, in their original packaging.
Kindly send us back the package by delivery against signature to the following address:
13 rue Ernest Cresson, 75014 PARIS.
In addition to the commercial warranty and in accordance with the regulation, Connected Beauties commits to fulfil its legal obligations in the field of warranties attached to the Products sold via the site and mentioned in the articles of Consumer Code and the Civil Code hereafter:
Consumer Code – article L211-4
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.
Consumer Code – article L211-5
To conform to the contract, the product must:
- 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;
- 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.
Consumer Code – article L211-12
Action resulting from lack of conformity lapses two years after delivery of the product.
Civil Code – article 1641
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it or would only have given a lesser price for it if he had known of the defects.
Civil Code – article 1648
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year, which follows the date on which the seller can be discharged from conformity.
14. Applicable law
These Terms & Conditions will be subject to French law. This is true for both form and substance requirements.
In case of litigation relating to the interpretation, execution or rupture of these general terms of sale, and when an amicable solution cannot be reached, competence will be expressly attributed to the jurisdiction of the Tribunal of Paris.
15. Intellectual Property
The www.elephas.fr site is an intellectual work protected under Intellectual Property Law. Each of the elements it comprises (such as brands, logos, photographs, images, illustrations, texts, slogans, and videos) is the exclusive property of Connected Beauties, which is solely authorized to exercise the intellectual property rights and privacy rights pertaining thereto.
Any reproduction or representation, adaptation or modification to the site, in full or in part, or of any one of the elements it comprises, is explicitly prohibited, in any medium or any format and for any purpose, including commercial purposes.
Connected Beauties must give explicit permission in advance for any reproduction and/or representation of the site or any one of the elements it comprises. Hypertext links to the site may not be made except with prior written permission from Connected Beauties.
The brands mentioned on the site are trademarks and as such are the exclusive property of Connected Beauties.
16. Customer service
For any information or question please contact our customer service by:
Messenger Facebook: https://www.facebook.com/elephasparis
Letter: Connected Beauties – 13 rue Ernest Cresson – 75014 PARIS.