Terms & Conditions

LA CRIQUE is a subsidiary of PANIER DES SENS SAS, owner of the website https://lacriquebeauty.com, registered in the Marseille Trade Register under number 820 053 304 00045. Its registered office is located at Parc St-Antoine, Boulevard Jules Sébastianelli, 13011 Marseille, France. Its email address is information@lacriquebeauty.com, its telephone number is +33 (0)4 88 60 37 01, and its tax identification number is FR14438616476. These terms and conditions of sale apply, without restriction or reservation, to all orders placed on the website https://lacriquebeauty.com. Consequently, by ordering a product offered for sale on the website https://lacriquebeauty.com, the customer fully and unreservedly accepts these general terms and conditions of sale, which the customer acknowledges having read prior to placing their order. The customer declares that they have the legal capacity to place an order, i.e. that they are of legal age and are not under guardianship or trusteeship. LA CRIQUE reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.

Products

In accordance with article l.111-1 of the French Consumer Code, the customer may, prior to placing an order, review the essential characteristics of the products he/she wishes to order on the website. The products offered for sale on the present website at https://lacriquebeauty.com constitute LA CRIQUE's offer. LA CRIQUE reserves the right to modify its collection at any time and to change the list and ranges of products. The photos of the products presented on our site are not contractual.

Rates

The sale price of the products indicated in euros including all taxes is that in force at the time the order is placed. These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the terms defined below and as indicated to the customer before the order is validated. Prices are subject to change at any time. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the price of the products.

Product availability

We do our best to ensure product availability. Information regarding product availability is provided to the customer at the time of ordering. If a product in the order is unavailable at the time of fulfillment, LA CRIQUE will automatically send an email to the customer.

The customer may then: 

• Wait (except in the case of a product on sale, a product permanently out of stock or a limited edition product);

• Replace the product that is out of stock with a product of the same value (except in the case of a free product); [in this case only, LA CRIQUE is responsible for the cost of returning the product following the exercise of the right of withdrawal];

• Receive the remainder of the order without the out-of-stock product, in which case the amount will be deducted from the order total and the customer will not be invoiced (except in the case of a free product).

How to order

LA CRIQUE offers you the possibility of ordering by the means of your choice, in order to better satisfy you. 

On the website 

• Payment by credit card, Paypal or gift card

• Customers can check the details of their order and correct any errors.

• When validating an order, the customer acknowledges having read and understood the general terms and conditions of sale and expressly accepts them by ticking the box "I have read and accept the general terms and conditions of sale".

• The sale will be final upon confirmation of the order by the customer, without prejudice to the customer's right of withdrawal. This order will be confirmed by LA CRIQUE by sending an e-mail to the customer.

• A second e-mail will be sent to the customer upon shipment of the order. LA CRIQUE recommends that the customer keep both e-mails on paper or electronically. The customer is informed that both e-mails will be sent to the e-mail address entered by the customer at the time of identification, prior to placing the order. LA CRIQUE may not be held liable in the event of an error in entering the e-mail address concerned, or in the event of non-receipt of the order confirmation e-mail.

• LA CRIQUE will be entitled to collect the full price corresponding to the order as soon as the e-mail informing the customer of the dispatch of the order has been sent. In the case of split deliveries, only the products shipped will be debited.

• By telephone on 04 88 60 37 01 (price of a local call) Monday to Thursday 9am to 1pm and 2pm to 5pm, Friday 9am to 1pm.

• Payment can be made by credit card. Customers are asked to prepare their order and bring their credit card with them when they call.

Payment

The fact of validating the order implies for the customer the obligation to pay the indicated price. For purchases of products on the https://lacriquebeauty.com website, LA CRIQUE accepts payment by credit card (secure payment) using Carte Bleue, Visa and Mastercard. Payment is also possible by Paypal or gift card.

Security

Payments on this website are made by credit card via a secure payment system. This website secures your confidential information with a Verisign SSL certificate. The information exchanged is encrypted with SSL (secure socket layer) before being transmitted. As this information is unreadable, no one can use it without your knowledge. To increase the security of your bank details, LA CRIQUE does not store them. For this reason, you will need to provide us with this information each time you place a new order. LA CRIQUE reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the customer, payment incident and/or fraud in the use of the site or the means of payment chosen by the customer.

Transaction control

As part of the order control service, LA CRIQUE may contact the customer by any means, with a view to validating a transaction and may, if necessary, request any supporting documents deemed useful (relating to identity, and/or domicile and/or means of payment used). The customer must provide the required proof within 15 working days of receiving LA CRIQUE's request. The customer is hereby informed that any delay, failure or refusal to provide the requested proof will result in the cancellation of the order by LA CRIQUE. Upon receipt of the supporting documents and in the event of confirmation of the order by LA CRIQUE, the delay in transmission of the documents requested by the customer will postpone delivery of the product(s) ordered.

Delivery time

The maximum shipping time for your order is 7 business days from the date of order confirmation. These timeframes apply when you place your order before 1:00 PM for an item in stock. (1) For Corsica: shipping time may be extended by 1 to 2 business days. The various shipping rates can be viewed on our website by clicking the following link: https://lacriquebeauty/pages/livraison

In the event of a delivery delay exceeding 30 business days after the maximum delivery date indicated at the time of ordering, the customer has the right to cancel their order with LA CRIQUE’s customer service within a maximum of 60 business days from the date the maximum delivery date indicated at the time of ordering for the products was exceeded, unless this delivery delay results from a force majeure event.

The order may be canceled by: 

• Email to the following address: information@lacriquebeauty.com

• Telephone: 04 88 60 37 01 (price of a local call) Monday to Thursday 9am to 1pm and 2pm to 5pm, Friday 9am to 1pm. 

The customer must verify that the delivered goods are in good condition at the time of delivery.

If, at the time of delivery, the original packaging is damaged, torn, or opened, the customer must then check the condition of the items. If they have been damaged, the customer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

Feedback and discussion

LA CRIQUE reserves ownership of the products delivered until full payment of the order. For a return or an exchange, LA CRIQUE invites the customer to address his request to the customer service department at the latest within 10 days after delivery. 

Returns under the right of withdrawal

The right of withdrawal applies only to non-professional individuals. The customer may change their mind and cancel their order for any reason within 14 days of receiving the products by sending the following standard withdrawal form to LA CRIQUE:

“To the attention of LA CRIQUE, Parc d’Activité Saint Antoine, Boulevard Jules Sébastianelli – 13011 Marseille – information@lacriquebeauty.com: I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) listed below: ordered on (*)/received on (*) : name of the consumer(s) : address of the consumer(s) : signature of the consumer(s) (only if this form is submitted in paper format) : date : (*) delete as appropriate.”

If the customer chooses to cancel their order, they have a period of 7 days from the date of notification to LA CRIQUE of the exercise of their right of withdrawal to return, at their own expense, to LA CRIQUE the products subject to the exercise of the right of withdrawal as well as any promotional gifts associated with these products (provided that the conditions for receiving these gifts are no longer met due to the withdrawal) in perfect condition. LA CRIQUE will not reimburse return shipping costs and, in the absence of a return, reserves the right to charge for the costs incurred to recover said products.

Refunds for amounts paid by the customer, excluding return shipping costs, will be issued no later than 30 days following the date on which the right of withdrawal was exercised, via the same payment method used at the time of the order.

In case of any issues, LA CRIQUE invites the customer to contact customer service directly. Returns for any other reason: any product return not resulting from the exercise of a warranty or the right of withdrawal, particularly in the event of a product defect, must be subject to a formal agreement between the customer and LA CRIQUE. This will result, where applicable, in the issuance of a credit note to the customer. Return shipping costs will be the customer’s responsibility.

Return procedure

In all cases, products must be returned in their original packaging, with any promotional gifts sent with the order, unused and accompanied by the duly completed returns form. 1. Request a return slip from customer service 2. Fill in the return slip 3. Attach the returns form to your parcel 4. Send your package to the following address LA CRIQUE - Customer Service - Parc d'Activité Saint Antoine - boulevard Jules Sébastianelli 13011 Marseille - France

Customer service & how to contact us

• by email: information@lacriquebeauty.com

• by telephone: 04 88 60 37 01 (price of a local call) Monday to Thursday 9am to 1pm and 2pm to 5pm, Friday 9am to 1pm. - LA CRIQUE Parc d'Activité Saint Antoine - boulevard Jules Sébastianelli 13011 Marseille - France

Risk transfer

The customer bears the risks associated with the goods as soon as they are received. Any loss and/or damage to the goods delivered after delivery of the said goods shall be borne solely by the customer.

Product warranties

Seller's liability - warranties 

The products supplied by the seller are covered by: 

- the legal warranty of conformity for products that are defective, damaged, or do not match the order;

- the legal warranty against hidden defects in the event of a non-apparent defect existing at the time of purchase and rendering the product unfit for its intended use. Provisions regarding statutory warranties: Article L.217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision.

Article L.217-5 of the French Consumer Code: The goods are in conformity with the contract:


1° - If it is fit for the purpose usually expected of similar goods and, where applicable: - if it corresponds to the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; 
- if it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
2° - or whether it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, brought to the seller’s attention, and accepted by the seller. Article L.217-12 of the Consumer Code: the right to bring an action for lack of conformity expires two years from the delivery of the goods. Article 1641 of the Civil Code: The seller is liable under warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that so diminish such use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of them. Article 1648, paragraph 1, of the Civil Code: An action arising from latent defects must be brought by the purchaser within two years from the discovery of the defect. To assert their rights, the customer must notify the seller in writing (via email or mail) of the non-conformity of the products or the existence of hidden defects as soon as they are discovered. The seller will refund or replace products under warranty that are deemed non-compliant or defective. Shipping costs will be refunded based on the invoiced rate, and return shipping costs will be refunded upon presentation of supporting documentation.

Refunds or replacements for products deemed non-compliant or defective will be processed as soon as possible and no later than 30 days after the seller has identified the non-conformity or hidden defect. This refund may be made by bank transfer or by check. The seller shall not be held liable in the following cases:

- failure to comply with the laws of the country to which the products are shipped, which is the customer’s responsibility to verify, 

- in the event of misuse; use for professional purposes, negligence, or lack of maintenance on the part of the customer, as well as in cases of normal wear and tear of the product, accidents, or force majeure, 

- the photographs and graphics on the website are not binding and do not engage the seller’s liability.

LA CRIQUE reminds its customers that LA CRIQUE products must be stored away from moisture, excessive heat, or intense light and may have an expiration date. Products that have not been stored under the aforementioned conditions will therefore be excluded from the warranty. The seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective products.

Confidentiality and protection of personal data

Our web server automatically recognizes the domain name (of the Internet service provider) and, where possible, the email address of visitors to our website. We centralize domain names for statistical purposes. We use the information provided to improve the content of our website pages. LA CRIQUE collects and processes personal data concerning the customer and the recipient of the order (except credit card numbers) in electronic form for the sole purpose of order management. In accordance with the law of January 6, 1978, customers have the right to access, rectify, and oppose all personal data concerning them, which can be exercised by email at the following address: information@lacriquebeauty.com or by mail at the following address: LA CRIQUE Parc d’Activité Saint Antoine – boulevard Jules Sébastianelli 13011 Marseille - France In order to improve the performance of the site and your use of it, LA CRIQUE and its authorized service providers may use audience measurement and navigation tracking tools (such as cookies, tags, etc.). These tools do not identify you by name but record information relating to your browsing and may be used in particular as part of a specific commercial offer program. We inform you that you can object to the recording or use of these tools by configuring your browser for this purpose. Unless the customer objects, LA CRIQUE may, on a very occasional basis, communicate this information to carefully selected commercial partners.

Intellectual property

LA CRIQUE owns all intellectual and industrial property rights relating to the website and the PANIER DES SENS brand, or holds the rights to use them. Access to this website does not grant you any rights to the intellectual property rights relating to the site, which remains the exclusive property of LA CRIQUE.

The general structure of the site, as well as the elements accessible on the site—including text, photographs, animated and non-animated images, icons, maps, sounds, videos, software, databases, data, and all other elements comprising the site—are the exclusive property of LA CRIQUE. You may not, under any circumstances, reproduce, display, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the site without the prior written authorization of LA CRIQUE.

You are hereby notified that this prohibition applies in particular, but not exclusively, to practices such as scraping or the use of robots for the purpose of extracting or reproducing any element of the site, including the product offerings presented thereon, particularly for commercial purposes. You are not authorized to insert into a frame or use framing techniques to display a trademark, logo, or any other information (including images, text, layout, or design) belonging to LA CRIQUE without its prior written and express consent.

You are not authorized to use meta tags or any other “hidden text” incorporating the name or trademarks of LA CRIQUE without the prior written and express consent of LA CRIQUE. Any use of all or part of the site not previously authorized by LA CRIQUE for any purpose whatsoever may be subject to appropriate legal action, including an action for infringement. The insertion of hyperlinks to any part of the site is prohibited without the prior written authorization of LA CRIQUE.

Liability

The products offered comply with current French law. LA CRIQUE shall not be held liable for the non-fulfillment of an order due to force majeure, stock shortages, or the temporary or permanent unavailability of a product. LA CRIQUE shall not be held liable for any damage that may result from the purchase of the product.

LA CRIQUE shall not be held liable for any loss of documents, data, or files related to the use of its website.

In the case of purchases made for professional purposes, LA CRIQUE shall not be liable for any indirect damages such as business interruption, loss of profit, loss of opportunity, damages, or expenses. The publication director may include links to other websites or online sources. However, since the publication director is not the publisher of these sites, he cannot control their content. Consequently, the publication director shall in no event be held liable for the content of the sites thus accessible, or for any collection and transmission of personal data, installation of cookies, or any other process serving the same purposes, carried out by these sites.

LA CRIQUE shall not be liable for any direct or indirect damage resulting from or arising out of the dissemination by a third party of a virus via the website www.panierdessens.fr that may infect the computer system or configuration of a computer following connection to this site, use of this site, browsing this site, or downloading all or part of the site’s content.

Applicable law and settlement of disputes

The language of the present contract is French. Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law. Failing amicable settlement, the dispute will be brought before the competent courts and, if the law so permits, before the courts of Marseille.

In accordance with Article L. 612-1 of the Consumer Code, subject to Article L. 612-2 of the Consumer Code, the consumer has the right to file a request for amicable resolution through mediation within one year of submitting a written complaint to the business.

LA CRIQUE (PANIER DES SENS RETAIL) has designated, through a membership agreement registered under number 18526/VM/2604, SAS Médiation Solution as its consumer mediation.

To file a complaint with the ombudsman, the consumer must submit a request:

- Or in writing to: Sas Médiation Solution - 222 Chemin de la Bergerie, 01800 Saint Jean de Niost
- Or by email to: mediation@sasmediationsolution-conso.fr
- Or by filling out the online form titled “Contact the Mediator” on the website https://www.sasmediationsolution-conso.fr

Regardless of the method used to file the complaint, the request must include:

- The applicant's mailing address, phone number, and email address,
- The name, address, and Sas Médiation Solution,
- A brief summary of the facts,
- A copy of the prior complaint,
- All documents necessary for processing the request (order form, , invoice, proof of payment, etc.)