Preamble
This present e-commerce site (hereinafter referred to as the "Site"), with the following email address: ..
Customers of Intemporelle are invited to contact us at the number 0474681361 (non-premium rate) for any questions about the Site or the Products.
Email address of Intemporelle: linstitut@linstitutenligne.fr
Intemporelle engages in the retail sale of perfumery and cosmetic products, beauty products, jewelry, and accessories (hereinafter the "Products") in a store located in Metropolitan France and on the Site.
Intemporelle sells the products on its Site only at retail and to individuals as end customers (hereinafter individually a "Customer"). Intemporelle reserves the right to refuse any order for products that do not clearly correspond to a retail sale.
By placing an order on the Site, the Customer declares that they are purchasing the Products for strictly personal purposes and unrelated to any professional activity. They are acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity.
Intemporelle and the Customer are hereinafter individually or collectively referred to as the Party or Parties.
Article 1: Object of the General Conditions of Sale
These General Conditions of Sale aim to inform Customers about the characteristics of the Products marketed by Intemporelle on the Site and in its physical store, as well as to define the rights and obligations of the Parties regarding the sale of Products by Intemporelle to the Customer on the Site.
They complement the Legal Notices and the Cookie Policy of Intemporelle also available on the Site.
Any order placed through the Site, as well as all related services, is subject without reserve to these General Conditions of Sale. Placing an order on the Site implies the full and unconditional acceptance by the Customer of these General Conditions of Sale, which they acknowledge having read before placing the order.
Article 2: Information accessible on the Site and limitations of liability of Intemporelle regarding this information
Intemporelle takes the utmost care in posting information and data available for free on the Site and in updating them. However, it is possible that some inaccuracies, errors, or omissions may have slipped into the description of each Product that has been communicated to Intemporelle by manufacturers. Intemporelle cannot be held responsible for these inaccuracies, errors, or omissions resulting from information transmitted by manufacturers. Intemporelle undertakes to correct said inaccuracies, errors, or omissions as soon as they are brought to its attention.
Article 3: Products marketed on the Site
In accordance with Article L.111-1 of the Consumer Code, the Customer can, before placing an order, become aware on the Site of the essential characteristics of the Product(s) they wish to order by clicking on their name or representation.
Intemporelle sources its Products from manufacturers who have expressly agreed to be referenced on the Site. The essential characteristics of each Product presented on the site, both qualitative and quantitative, are obtained directly from the manufacturers.
Intemporelle expressly reserves the right at any time to add new Products, to remove all or part of the Products sold or presented on the Site, to change their presentation, or to cease their marketing on its Site, without being obliged to notify the Customer in advance.
Article 4: Prices
The selling prices of the Products on the Site, indicated in euros, are those in effect at the time of the order by the Customer. These prices may be modified by Intemporelle at any time. Price modifications will be notified to the Customer before any order. The prices appearing on the Site are applicable within the framework of distance selling.
The selling prices of the Products on the Site do not include shipping costs, billed in addition to the price of the purchased Products. Shipping costs will be indicated before the recording of the order by the Customer, according to the delivery method chosen by the Customer.
The selling prices of the Products on the Site include the value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of the Products sold by Intemporelle on its Site.
The Customer may also benefit, during certain specified periods, from promotional offers on certain Products. These offers will be announced online on the Site and will be valid during the indicated period and always within the limit of available stocks.
Article 5: Orders
Any order for a Product offered on the Site implies the consultation and express acceptance of these General Terms and Conditions of Sale, without this acceptance being conditioned by a handwritten signature from the Client.
The ordering process on the Site is subject to strict compliance with the procedure described below. It is completed online through a series of different screens indicating the various phases that the Client must follow to validate the order with Intemporelle.
Orders are placed online in accordance with the Site's order form.
The Client undertakes that the information provided to Intemporelle is complete, accurate, and up-to-date. In case of incomplete or inaccurate information, Intemporelle reserves the right to cancel the order outright.
The order can be placed for a delivery address different from the billing address. Intemporelle reserves the right to refuse or cancel any order from a Client with whom it is in dispute regarding a previous order.
Intemporelle reserves the right to refuse or cancel an order if it believes that the Client is engaged in distribution or conducts economic activities with the Products ordered, or for any other legitimate reason.
In accordance with Article L.134-2 of the Consumer Code, when an order amounts to €120 or more, Intemporelle keeps the written record that constitutes the contract concluded between itself and the Client electronically for a period starting from the conclusion of the contract until the delivery date and for a duration of 10 years from that date. The Client will then have access to this document at any time, upon a written request to "Customer Service Intemporelle 294 Rue Camille Jordan 69400 Gleizé," accompanied by proof of identity.
On the order form, the Client must enter and validate the identification and quantity of the ordered Products (whose availability is to be confirmed if necessary by Intemporelle).
Given Intemporelle's obligation to sell the Products only at retail and to end consumers, the maximum quantity of items of the same reference is automatically limited to 5 per order, following the recommendations issued by the manufacturers.
The Client can freely fill their beauty basket, remove an item they no longer wish to acquire, modify the ordered quantities, or add a Product by clicking on the corresponding buttons.
The Client must then validate the billing address, delivery location and method, as well as the chosen payment method: credit card, Paypal, check, loyalty check, or bank transfer. Before validating the order, information regarding essential features and price is reminded to the Client.
Once this information is entered and validated correctly, the Client is prompted to confirm the order by clicking on the "Order with payment obligation" button.
From this validation, the Client is deemed to have accepted these General Terms and Conditions of Sale as well as all the order data entered (including prices, volumes, features, quantities, and delivery times of the Products offered for sale and ordered by the Client).
Upon validation of the order by the Client, the order becomes final and cannot be canceled by the Client. The order form is directly transmitted to Intemporelle's Online Store service. The Client then sees their order number.
Intemporelle will then confirm to the Client by email the receipt of the order, including all the information provided by the Client, as well as all the information previously provided by Intemporelle.
Intemporelle will send the Client a second email:
Either to confirm the processing of the order, which will then be prepared under the conditions of Article 9, after the full payment of the order has been validly collected by Intemporelle, under the conditions of Article 8.2,
Or to inform the Client that their order has been canceled due to an exceptional out-of-stock situation of one or more Products (see Article 9).
Article 6: Proof of Orders
In general, it is expressly agreed that emails will serve as evidence between the Parties, as will the automatic recording systems used on the Site, especially regarding the nature and date of the order.
Article 7: Right of Withdrawal
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the opening of beauty products (cosmetic and makeup products) rendering these products unsuitable for any subsequent marketing means the Client has no right of withdrawal, and any cosmetic product that has been opened, damaged, or whose original packaging has been unsealed will not be refunded, exchanged, or returned for reasons of hygiene and health protection.
Subject to the exceptions defined in Article L.121-21-8 of the Consumer Code, and notably the one mentioned in the previous paragraph, the Client has, in accordance with Article L.121-21 of the Consumer Code, a period of fourteen days from the receipt of the Product to exercise their right of withdrawal. When the fourteen-day period expires on a Saturday, Sunday, or a public holiday, it is extended until the next business day.
The Client can exercise their right of withdrawal by unambiguous letter expressing their clear intention to withdraw, sent to the following address: Customer Service Intemporelle 294 Rue Camille Jordan 69400 Gleizé, clearly indicating their contact details and the references of their order.
Alternatively, by email to linstitut@linstitutenligne.fr
The Client must return the Product(s) without undue delay and, at the latest, within fourteen days following the communication of their decision to withdraw, to the following address: Return Intemporelle 294 Rue Camille Jordan 69400 Gleizé.
The Products concerned must be returned by the Client complete, in perfect condition, and in their original packaging, placed in a blank box to allow for the resale of these Products. The Client's liability is only engaged with respect to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the Product.
To facilitate the processing of returns, it is strongly recommended that Clients clearly mention on their return the original order number and/or attach the Return Slip sent with the delivered products, signed by the recipient of the order.
Intemporelle reserves the right to refuse any return sent beyond the legal withdrawal period.
Intemporelle does not accept parcels sent carriage forward.
To avoid any dispute, Clients wishing to exercise their right of withdrawal are strongly advised to return their Products in conditions similar to those of the initial shipment (Colissimo Suivi from La Poste or Chronopost), with a declared value corresponding to the initial order amount, and to keep any proof of their shipment (parcel number) until the complete refund of their order.
In accordance with the provisions of Article L.121-21-4 of the Consumer Code, when the Client validly exercises their right of withdrawal, Intemporelle undertakes to refund them the full amount paid, including standard delivery costs, within fourteen days from the date on which the Client informed Intemporelle of
their intention to withdraw, provided that Intemporelle has received the product(s) or the customer has provided proof of the shipment of the said product.
The refund will be made using the same payment method used for the initial transaction, unless the customer expressly agrees to another refund method; in any case, this refund will not incur any fees for the customer.
Article 8: Invoicing and Payment
8.1 - Invoicing
An invoice is issued for each order and made available to the customer in their personal space. Any complaints regarding invoices must be brought to the attention of Intemporelle by email within 10 days of their receipt (under the "contact us" section). Otherwise, they are considered accepted without any reservations. The possible incomplete delivery of an order cannot justify the refusal of payment for the delivered products. Any dispute between the customer and Intemporelle is in no way a reason to suspend the payment of the uncontested part of the invoice.<
8.2 – Payments
The Buyer guarantees to Intemporelle that they have the necessary authorizations to use the chosen payment method for the payment of their order.
The accepted credit cards on the Site are as follows: Carte Bleue, Visa, American Express, and MasterCard.
8.2.1 - Electronic Payment
Electronic payment is made after clicking on "Payment by CB, VISA, or AMEX." The transaction is then carried out by the customer according to banking security standards. Due to the technical features of the encryption software used on the Site, the banking details (credit card number and expiration date) provided by customers cannot be intercepted by a third party. Therefore, none of this information is transmitted or stored on the Internet. By providing their banking details, the customer pre-accepts and unconditionally allows Intemporelle to proceed with the secure transaction. The customer, therefore, pre-authorizes their bank to debit their account based on the records or statements transmitted by Intemporelle, even in the absence of invoices signed by the cardholder. The authorization to debit the customer's account is always given for the amount of the order as invoiced by Intemporelle.
Online payment takes place on a secure banking payment platform and benefits from the SSL secure system. The customer accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority.
The customer must provide their banking details by filling out the online form.
The bank authorization issued regarding the customer's order allows Intemporelle to proceed with its preparation in its warehouses. The payment for the order will be collected by Intemporelle when the order is complete and ready to be shipped.
8.2.2 - Payment by Loyalty Check
Online payment by loyalty checks is made by entering the loyalty check number during the payment step of your purchases, in your shopping cart.
8.2.3 - Fraud Control by e-transactions
Information related to your order is subject to automated data processing, for which e-transactions of Crédit Agricole is responsible. This automated data processing aims to define an analysis level of a transaction and to fight against credit card fraud. E-transactions and Intemporelle are the recipients of the data related to the customer's order. The non-transmission of data related to the customer's order prevents the realization and analysis of the customer's transaction.
The occurrence of a payment incident due to fraudulent use of a credit card will result in the registration of the customer's details related to the order associated with this payment incident in a payment incident file implemented by e-transactions of Crédit Agricole. An irregular declaration or anomaly may also be subject to specific processing.
In accordance with the Data Protection Act of January 6, 1978, the customer has the right to access, rectify, and oppose all of their personal data at any time by sending a written request with proof of their identity to the following address:
CREDIT AGRICOLE CARDS & PAYMENTS SNC - 723 001 467 RCS Paris - FR 23723 001 467. Registered office: 83, Boulevard des Chênes Provence Building - BP 48 78042 Guyancourt Cedex
8.2.4 - Payments by Bank Check and Bank Transfer
Cash on delivery shipments have not been insured by La Poste since the beginning of 2014. If you wish to pay by check, we will ship your package upon receipt and cashing of it. The same applies to bank transfers.
8.2.5 - Cumulation of Payment Methods
The payment methods provided in Articles 8.2.1 and 8.2.2 can be combined with each other.
Article 9: Deliveries
The products ordered in accordance with these General Sales Conditions will be delivered to the delivery address indicated by the customer when entering their order.
The customer can be delivered in France (excluding addresses in the military), Corsica, and Monaco.
Our packages are shipped by Colissimo with tracking without a signature in France, Corsica, and Monaco, and with a signature in Europe and Overseas. We do not accept any dispute regarding the delivery itself if the package appears to have been delivered, as the La Poste computer system is authoritative.
In case of exceptional out-of-stock of one or more products in an order, Intemporelle will either cancel the entire order or make a partial delivery. The customer will be immediately notified of this cancellation or partial delivery by email. The amounts corresponding to the order amount and paid by credit card will then not be debited from the customer's account or partially debited. Amounts paid with one or more loyalty checks will be refunded in the form of loyalty points credited to the customer's loyalty account to initiate the issuance of a new loyalty check of the same amount.
Intemporelle will also inform the customer by email, within a reasonable period, of any cases and force majeure events that may disrupt the delivery process of the ordered product.
If, at the end of the delivery period indicated by Intemporelle, the ordered product has not been delivered for any reason other than force majeure (as defined below), the customer must first instruct Intemporelle to make the delivery within a reasonable additional period. If Intemporelle does not fulfill the delivery within a reasonable additional period, the sale may be canceled at the customer's request, by registered letter with acknowledgment of receipt or in writing on another durable medium to the following address: Customer Service Intemporelle, 294 Rue Camille Jordan, 69400 Gleizé.
The sales contract will be considered as terminated upon receipt by Intemporelle of the letter from the customer informing them of their decision if the delivery has not occurred between the sending and the receipt of this letter.
The total amount paid by the customer will then be refunded no later than 14 days following the date on which the customer exercised their right to obtain the cancellation of their order.
Amounts paid in cash will be credited to the card used by the customer to pay for their order. Amounts paid with one or more loyalty checks will be refunded in the form of loyalty points credited to the customer's loyalty account to initiate the issuance of a new loyalty check of the same amount.
Article 10: Receipt of Products and Transfer of Risks
It is at the moment when the Customer or a third party designated by them, other than the carrier proposed by Intemporelle, physically takes possession of these Products that any risk of loss or damage to the Products is transferred. When the Customer entrusts the delivery of the Product to a carrier other than that proposed by Intemporelle, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier. It is the responsibility of the Customer or, if different, the recipient of the parcel, upon receiving the Product, to promptly check the conformity and integrity of the shipped Products. In general, the reservations or observations made on the delivery note must be complete and precise. They must specifically define the damage, including the order number.
Article 11: Guarantees
The Customer benefits from the legal guarantee of hidden defects resulting from Articles 1641 to 1649 of the Civil Code and the legal guarantee of conformity resulting from Articles L.211-4 and following of the Consumer Code.
In the event of non-compliance (Product unfit for the usual use of a similar Product, not corresponding to the description given by Intemporelle, or not possessing the qualities announced by Intemporelle or agreed with the Customer) or hidden defect of the Product (hidden defect of the sold Product that makes it unfit for the use for which it is intended, or which so diminishes this use that the Customer would not have acquired it, or would have given it a lower price, if they had known), and in compliance with the conditions set by the law, the Customer can act within a period of two years from the discovery of the defect (Article 1648 of the Civil Code) or from the delivery of the Product (Article L.211-12 of the Consumer Code).
In case of non-compliance, the Customer has the choice between repairing the Product or replacing it. However, if this choice involves a cost manifestly disproportionate for Intemporelle, it may proceed with the non-chosen option. If the repair and replacement of the Product are impossible, the Customer can return it and be refunded the price of the Product or keep it and be refunded a part of the price. The same option is open to them, on the one hand, if the repair or replacement cannot be implemented within one month following their complaint or, on the other hand, if the repair or replacement causes them a major inconvenience.
In case of hidden defect of the sold thing, the Customer can return the product and be refunded the price or keep it and be refunded a part of the price.
In case of a refund, amounts paid in cash will be credited to the card used by the Customer to pay for their order, amounts paid with one or more loyalty checks will be refunded in the form of loyalty points credited to the customer's loyalty account to initiate the issuance of a new loyalty check of the same amount.
Article 12: Limitation of Liability
Intemporelle undertakes to fulfill the obligations resulting from the contract. It (Intemporelle) can exempt itself from all or part of its liability by providing evidence that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Article 13: Intellectual and Industrial Property Rights Owned by Intemporelle
Intemporelle holds a license to use the Site, which remains its exclusive property. It (Intemporelle) has created and published the web pages, images, script sources, and basic data constituting the Site. The Customer therefore refrains from distributing or reproducing the Site, in whole or in part, in any form.
Article 14: Dispute
Any dispute relating to the conclusion, interpretation, execution, or termination of the contract between Intemporelle and the Customer, even in the case of warranty claims or multiple defendants, will, in the absence of an amicable agreement, fall within the jurisdiction of the courts where the defendant resides or the jurisdiction of the place of the actual delivery of the goods. The relations between Intemporelle and the Customer are subject to French law.
Article 15: Data Protection (Law of January 6, 1978) and Right to Oppose Telephone Solicitation
The Customer's personal data (name, first name, function, electronic and geographical addresses, telephone and fax numbers, banking information) is collected by Intemporelle for the needs of proper order management, customer account, deliveries, and invoices, in compliance with the provisions of the Data Protection Act No. 78-17 of January 6, 1978. The information that must be compulsorily recorded by the Customer to place an order is identified online by an asterisk. The Customer has the right at any time to access, modify, rectify, and delete the personal information collected by Intemporelle about them.
To exercise this right, the Customer can, at their choice, send an email to contact@linstitutenligne.fr or a letter to the following address: Customer Service Intemporelle, 294 Rue Camille Jordan, 69400 Gleizé, attaching a copy of their ID.
This data is intended for Intemporelle and may be transmitted to its service providers (company in charge of delivering the ordered Products, bank, subcontractors, etc.).
Intemporelle will keep this information for a period of 3 years after the order is placed on electronic media. Furthermore, Intemporelle may use the personal data concerning the Customer to send them, if they have consented, commercial offers that may interest them. In accordance with the Data Protection Act, the Customer, however, has the right to oppose the receipt of unsolicited commercial prospecting documents by email or SMS, by checking the box provided for this purpose online or by sending a letter to Customer Service Intemporelle, 294 Rue Camille Jordan, 69400 Gleizé.
The customer is informed of their right to register on the telephone solicitation opposition list in order not to be the subject of telephone commercial prospecting.
Article 16: Non-Waiver
The fact that Intemporelle refrains from demanding the execution of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver to subsequently invoke said total or partial non-performance.
Article 17: Validity of the General Terms and Conditions of Sale
If any provision of these General Terms and Conditions of Sale is declared null in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale will remain unchanged and applicable.
Article 18: Accessibility of the General Terms and Conditions of Sale
The up-to-date version of Intemporelle's General Terms and Conditions of Sale is constantly accessible online for the Customer. It is sufficient to click on the "General Terms and Conditions of Sale" link.
The Customer can also obtain this document by writing to contact@linstitutenligne.fr
Version of October 18, 2014
