Terms and conditions of sale
LA CRIQUE is a subsidiary of the company PANIER DES SENS SAS, which owns the website https://lacriquebeauty.com and is registered in the Marseille trade register under number 820 053 304 00045. Its registered office is located at Parc St-Antoine, bd Jules Sébastianelli- 13011 Marseille, its e-mail address is information@lacriquebeauty.com, its telephone number is 04 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 https://lacriquebeauty.com website. Consequently, the fact that the customer orders a product offered for sale on the https://lacriquebeauty.com website implies full and complete acceptance of these terms and conditions of sale, which the customer acknowledges having read prior to ordering. The customer declares that he/she has the legal capacity to place an order, i.e. has reached the age of majority and is not under guardianship or trusteeship. LA CRIQUE reserves the right to adapt or modify these general 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, acquaint himself on the website with the essential characteristics of the products he wishes to order. The products offered for sale on this 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.
Prices
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 methods 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 utmost to ensure product availability. Information on product availability is provided to the customer when the order is placed. If a product in the order is not available at the time of preparation, LA CRIQUE will automatically send an email to the customer.
The customer can then :
Wait (except in the case of a product on sale, a product that is 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 will not be invoiced to the customer (except in the case of a free product).
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 can be made by credit card, Paypal or gift card.
- Customers may check the details of their proposed order and correct any errors.
- When validating their order, customers acknowledge that they have read the general terms and conditions of sale beforehand and expressly declare that they accept them by ticking the box "I have read and accept the general terms and conditions of sale".
- The sale will be definitive 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 when the order is shipped. LA CRIQUE recommends that the customer keep these two emails on paper or computer support. 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 cannot be held responsible 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 that the order has been dispatched has been sent. In the case of split deliveries, only the products dispatched will be debited.
- By telephone on 04 88 60 37 01 (price of a local call) from Monday to Thursday from 9am to 1pm and from 2pm to 5pm, and on Friday from 9am to 1pm.
- Payment can be made by credit card. Customers are asked to prepare their order and have their payment card ready when they call.
Payment
The fact of validating the order implies for the customer the obligation to pay the price indicated. For purchases of products on the https://lacriquebeauty.com website for payment by credit card (secure payment) LA CRIQUE accepts payment by Carte Bleue, Visa and Mastercard. Payment is also possible by Paypal or via a 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. This is why 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, a 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 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 transmitting the documents requested by the customer will postpone the delivery of the product(s) ordered.
Delivery times
The maximum order dispatch time is 7 working days from order confirmation. These times apply from the moment you place your order before 1 p.m., for an item in stock. (1) for Corsica: the delivery time may be extended by 1 to 2 working days. The different delivery rates can be consulted on our website by clicking on the following link: https://lacriquebeauty/pages/livraison
In the event of a delay in delivery exceeding 30 working days after the maximum delivery date indicated at the time of the order for the delivery of the products, the customer has the right to cancel the order with LA CRIQUE's customer service department within a maximum period of 60 working days from the date on which the maximum delivery date indicated at the time of the order for the delivery of the products was exceeded, unless this delay in delivery is the result of a case of force majeure.
Orders may be cancelled by :
e-mail to the following address: information@lacriquebeauty.com
Telephone: 04 88 60 37 01 (price of a local call) Monday to Thursday from 9am to 1pm and from 2pm to 5pm, Friday from 9am to 1pm.
The customer must check the conformity of the goods delivered at the time of delivery.
If, at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the items. If they have been damaged, the customer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
Returns and exchanges
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 only applies to non-professional individuals. The customer may change his or her mind and cancel the order, for whatever reason, within 14 days of receiving the products, by sending the following standard withdrawal form to LA CRIQUE:
"For 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 (*)/provision of services (*) below: ordered on (*)/received on (*): name of consumer(s): address of consumer(s): signature of consumer(s) (only in the case of notification of this form on paper): date: (*) delete as appropriate. "
If the customer chooses to cancel his/her order, he/she has a period of 7 days from the date of notification to LA CRIQUE of the exercise of his/her right of withdrawal to return to LA CRIQUE, at his/her expense, the products which are the object of the exercise of the right of withdrawal as well as the promotional gifts linked to these products (insofar as the conditions for granting these gifts would no longer be met in view of the withdrawal which has taken place) in perfect condition. LA CRIQUE will not reimburse the return costs and, in the absence of a return, reserves the right to invoice the costs incurred to recover the goods.
The sums paid by the customer, with the exception of the return costs, will be reimbursed at the latest within 30 days following the date on which the right of retraction was exercised, via the same means of payment as that used at the time of the order.
In the event of a problem, LA CRIQUE invites the customer to contact customer service directly. Returns for any other reason Any return of a product that does not result from the exercise of a guarantee or the right of withdrawal, in particular in the event of a product defect, must be the subject of a formal agreement between the customer and LA CRIQUE. If necessary, a credit note will be issued to the customer. The return costs will be borne by the customer.
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 returns slip from Customer Services 2. Fill in the returns 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 e-mail: information@lacriquebeauty.com
- by telephone: 04 88 60 37 01 (price of a local call) Monday to Thursday from 9am to 1pm and from 2pm to 5pm, Friday from 9am to 1pm. - LA CRIQUE Parc d'Activité Saint Antoine - boulevard Jules Sébastianelli 13011 Marseille - France
Risk transfer
The customer shall bear the risks associated with the goods as soon as they are received. Any loss and/or damage to the goods delivered occurring after delivery of the said goods shall be borne solely by the customer.
Legal product guarantees
Seller's liability - guarantees
Products supplied by the seller are covered by :
- the legal guarantee of conformity for defective, damaged or damaged products or products that do not correspond to the order;
- the legal guarantee against hidden defects in the event of a non-apparent defect, existing at the time of purchase and rendering the product unfit for the use for which it was intended. Provisions relating to legal guarantees: article l.217-4 of the French Consumer Code: the seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article l.217-5 of the French Consumer Code: the goods conform to the contract:
1° - If it is fit for the purpose usually expected of similar goods 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 may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° - or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article l.217-12 of the French Consumer Code states that any action resulting from a lack of conformity must be brought within two years of delivery of the goods. Article 1641 of the French Civil Code: the seller is liable for any hidden defects in the item sold that render it unfit for the use for which it was intended, or that reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them. Article 1648 paragraph 1 of the French Civil Code requires the purchaser to bring an action for redhibitory defects within two years of discovery of the defect. In order to assert his rights, the customer must inform the seller in writing (e-mail or letter) of the non-conformity of the products or the existence of hidden defects as soon as they are discovered. The seller will reimburse or replace any products found to be non-compliant or defective. Postage costs will be reimbursed on the basis of the invoice rate and return postage costs will be reimbursed on presentation of supporting documents.
Refunds or replacements for non-conforming or defective products will be made as soon as possible and at the latest within 30 days of the seller's finding of the non-conformity or hidden defect. This reimbursement may be made by bank transfer or cheque. The seller may not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, or in the event of normal wear and tear of the product, accident or force majeure,
- The photographs and graphics on the site are not contractual and the seller cannot be held responsible for them.
LA CRIQUE reminds its customers that LA CRIQUE products must be kept away from humidity, too high a temperature or too intense a light and may be subject to an expiry date. Products that have not been stored under the aforementioned conditions will therefore be excluded from the guarantee. In any event, the seller's guarantee is limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
Confidentiality and personal data protection
Our web server automatically recognises the domain name (of the access provider) and, where possible, the e-mail address of visitors to our site. We centralise domain names for statistical purposes. We use this information to improve the content of the pages on our site. LA CRIQUE collects and processes personal data concerning the customer and the recipient of the order (except credit card number) in computerised form for the sole purpose of managing orders. In accordance with the law of 6 January 1978, the customer has the right to access, rectify and object to all personal data concerning him/her, which may be exercised by email to the following address: information@lacriquebeauty.com or by post to 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 authorised service providers may use audience measurement and browsing tracking tools (such as cookies, tags, etc.). These tools do not allow you to be identified by name but record information relating to your browsing and may be used in particular as part of a programme of specific commercial offers. We inform you that you may oppose the recording or use of these tools by configuring your browser to this effect. If the customer does not object, LA CRIQUE may, from time to time, communicate this information to carefully selected commercial partners.
Intellectual property
LA CRIQUE is the owner of all intellectual and industrial property rights relating to the website and the PANIER DES SENS brand, or holds the related usage rights. Access to this website does not give you any right 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, particularly in the form of texts, photographs, images (animated or not), icons, maps, sounds, videos, software, databases, data and all other elements making up the site are the exclusive property of LA CRIQUE. You may not, under any circumstances, reproduce, represent, 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 authorisation of LA CRIQUE.
You are informed that this prohibition applies in particular, but not exclusively, to practices such as scrapping or the use of robots for the purpose of extracting or reproducing any element of the site, including the product offers presented therein, in particular for commercial purposes. You may not frame or utilize framing techniques to enclose any trademark, logo or other information (including images, text, page layout or form) of LA CRIQUE without its express prior written consent.
You may not use meta tags or any other "hidden text" using the name or trademarks within LA CRIQUE without LA CRIQUE's express prior written consent. Any use of all or part of the site that is not authorised in advance by LA CRIQUE for any reason whatsoever may be the subject of any appropriate action, in particular an action for infringement. The insertion of hypertext links to any part of the site is prohibited without prior written authorisation from LA CRIQUE.
Liability
The products offered comply with current French legislation. LA CRIQUE cannot be held responsible for the non-execution of an order following a case of force majeure, a stock shortage or the temporary or definitive unavailability of a product. LA CRIQUE cannot be held responsible for any damage that may result from the purchase of the product.
LA CRIQUE cannot be held responsible for any loss of documents, data or files related to the use of its site.
In the case of professional purchases, LA CRIQUE shall not be held liable for any indirect damage such as operating loss, loss of profit, loss of luck, damage or expenses. The publication director may set up links to other websites or other Internet sources. However, as the publication director is not the publisher of these sites, he cannot control their content. Consequently, the director of the publication cannot under any circumstances be held responsible for the content of sites that are accessible in this way, or for any collection and transmission of personal data, installation of cookies or any other process for the same purpose carried out by these sites.
LA CRIQUE may not be held liable for any direct or indirect damage resulting from or consecutive to the dissemination by a third party of a virus via the www.panierdessens.fr site and liable to infect the computer system or the computer configuration of a computer following connection to this site, use of this site, browsing on this site, downloading of all or part of the content of the site.
Applicable law and settlement of disputes
The language of this contract is French. Any dispute relating to the interpretation and performance of these general 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 the jurisdiction of Marseille.