Terms of sale

1. SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE

1.1 Scope of general terms and conditions of sale

These general terms and conditions of sale (hereinafter referred to as "GTC") apply to any remote purchase made on the website https://waamcosmetics.com (hereinafter referred to as "the Website"). The GTC apply concurrently with the Privacy Policy, applicable to any user of the Website.

The Website is published by DIECE, a simplified joint-stock company with a capital of €39,930, registered with the Evry Trade and Companies Register under number 533 846 143, whose registered office is located at Building 2, 23 avenue de Garigliano, 91600 Savigny-Sur-Orge, (hereinafter referred to as "WAAM").

WAAM offers for sale on the Website cosmetics, personal care products, and accessories (hereinafter the "Products") to the customer, as defined below, who wishes to make a purchase on the Website (hereinafter the "Customer"). The Products are marketed under the "WAAM Cosmetics" brand, owned by DIECE.

The Customer must be a natural person with the legal capacity to contract and acting as a consumer, i.e., a natural person acting solely for the satisfaction of their personal needs.

By placing an order on the Website, the Customer declares that they meet the conditions recalled above and in particular that they do not purchase Products on the Website with the aim of reselling them on a regular basis or as part of a professional activity.

WAAM cannot be required to verify the legal capacity of each Customer. The legal representatives of a person without legal capacity who has placed an order on the Website will consequently be required to honor it, in particular by paying the price.

1.2 Acceptance of the GTC

The GTC apply to any purchase made on the Website, to the exclusion of any other conditions of sale. The applicable GTC are those in effect on the day the order is placed.

The GTC can be consulted, printed, and downloaded from all pages of the Website. The GTC are also communicated to the Customer with the order confirmation email.

The Customer agrees to carefully read the GTC prior to any order and must accept the GTC before paying for their order by checking the box "I have read the general terms and conditions of sale and I accept them".

Any order by the Customer after validating the checkbox "I have read the general terms and conditions of sale and I accept them" constitutes unreserved acceptance by the Customer and their full and complete adherence to the GTC.

The fact that WAAM does not avail itself at a given time of any of the provisions of the GTC or the terms of the order pertaining to the operation and as validated by WAAM cannot be interpreted as a waiver by WAAM to subsequently avail itself of said terms or provisions.

2. PRODUCTS

WAAM offers for sale on the Website cosmetics, essential oils, personal care products, and accessories.

In accordance with Article L.111-1 of the Consumer Code, the Customer may, prior to their order, become aware of the characteristics of the Products they wish to order.
The Customer is required to refer to the description present in each Product sheet in order to know its essential characteristics.

Only Products that can be added to the Cart are available for sale.

In the event of a stock shortage or unavailability of a Product, this is specified on the product sheet.

The Customer may request to be informed by WAAM when the Product becomes available for sale again, using the form provided for this purpose.

WAAM takes the greatest care in the presentation and description of the Products, within the limits of technology.

Therefore, photographs may differ slightly from reality, depending on the configurations of the electronic devices used by the Customer. Consequently, photographs have no contractual value.

Product offers are valid as long as they are visible and accessible on the Website, within the limits of available stocks, WAAM reserving the right to change the Products offered on the Website at any time and without notice.

The selection and purchase of a Product are the exclusive responsibility of the Customer.

Article 62 of the anti-waste law for a circular economy (AGEC law) adopted on February 10, 2020, provides for the implementation of a unique identifier (IDU) for all companies or entities subject to the principles of Extended Producer Responsibility (EPR). IDU: FR217184_01OKEV

3. PRICES

The prices of the Products are indicated on the Website, in Euros, all taxes included (TTC).

The prices indicated on the Website do not include delivery costs. The Customer is informed of the delivery costs applicable to their order before final validation of their order and payment of the price.

The prices of the Products and applicable delivery costs are those in effect at the time the order is placed. Until the order is confirmed by the Customer, they may be modified at any time.

In the event that the Customer has prepared Products in their cart without making their purchase immediately, it will be up to them to check the prices of the selected Products at the time of validating their order.

The total amount due by the Customer and its details are indicated on the order confirmation page.

4. ORDERS

4.1 Customer registration

In order to place an order on the Website, the Customer must first create a customer account by filling out the registration form provided for this purpose (hereinafter the "Account").

When creating the Account, the Customer chooses a username and an associated password.

The username and password are strictly personal and confidential: the Customer refrains from disclosing them to a third party or transferring them. Any order placed using this username and password will be deemed to be made by the Customer and will consequently bind the latter with regard to WAAM. It is up to the Customer to immediately inform WAAM in writing of any use of their username and password made without their knowledge and of which they may become aware.

At any time, the Customer may modify their username and password using the procedure provided for this purpose on the Website.

The Customer undertakes that the information communicated to WAAM during the creation of the Account and when placing each order is accurate, complete, and up to date.

If the Customer has made a data entry error in the information communicated to WAAM, WAAM cannot be held responsible for any difficulties in executing an order resulting from this.

When creating the Account, the collection of the customer's personal data is carried out according to the terms described in WAAM's Privacy Policy.

At the end of the registration procedure, WAAM will send a message to the email address provided by the Customer confirming the opening of their Account.

The Customer will be able to place orders on the Website using their Account.

4.2 Order steps

The order procedure on the Website is carried out according to the following steps:

• The Customer selects the desired Products and quantities on the Website, either from the Product pages or from the DIY Recipe pages. They can view and modify the selected Products at any time using the "My cart" function.
• The Customer identifies themselves using their login credentials or, if they are not already registered, by using the registration form (see article 3).
• The Customer validates their cart by clicking on "Order".
• A summary of the order contents and its amount is presented to the Customer for validation. The Customer then has the right to modify their order in whole or in part, particularly concerning the selected Products and quantities. In this case, a new order summary is submitted to the Customer. The Customer must validate their new cart by clicking on the "Order" box.
• The Customer enters the billing and/or delivery address. They validate by clicking on "Continue".
• The Customer chooses the delivery method by clicking on "Delivery to Point Relais", "Home delivery", or "Express delivery"; the Customer notes the amount of the delivery costs related to each type of delivery before making their choice. 
• Before paying for the order, the Customer reads and acknowledges the GTC and manifests their acceptance by checking the box provided for this purpose.
• The Customer chooses their payment method by clicking on "Credit card", "PayPal", or "Apple Pay". They validate by clicking on "Order".
• The Customer proceeds with the payment on the secure page provided for this purpose.
• The order is finalized for the Customer.

The Customer is required to carefully check all the information filled in by them in the order form before confirming it.

WAAM cannot be held responsible for errors concerning the information filled in by the Customer in the order form.

Upon receipt of this order, WAAM carries out the necessary checks to validate the order, including the effectiveness of the order payment and the quantities ordered.

The verified order will be followed by a confirmation email – which materializes the registration of the order by WAAM – recalling the contents of the order as well as the delivery time.

The sale is only final upon receipt by the Customer of the order confirmation email, sent by WAAM.

The Customer will be informed of the dispatch of the Products by email.

WAAM reserves the right not to follow up on the order placed by the Customer, in particular:

• In the event of an order(s) exceeding, by their content or frequency, the needs of an average consumer and more generally in the event of abnormal requests or bad faith on the part of the Customer.
• In the event of information from the banking organization tasked by WAAM with managing the settlement of the order indicating the impossibility of implementing the payment method chosen for the settlement of the order.
• In the event of a prior dispute with the Customer regarding the payment of an order;
• In the event of an order that does not comply with the GTC;
• And more generally in the event of a legitimate reason as provided for by paragraph 1 of Article L 121–11 of the Consumer Code.

WAAM informs the Customer by email or telephone within a reasonable time.

The Products are offered by WAAM within the limits of available stocks. The Customer is informed of the availability of the Products at the time the order is placed, on the page of each Product. If, despite WAAM's diligence, the Products ordered by the Customer are no longer available after the order is placed, WAAM informs the Customer by email or telephone as soon as possible. In this event, no debit will be made from the Customer's account corresponding to the Products that are no longer available. If the transfer had already been made, WAAM undertakes to reimburse the Customer for the part of the payment corresponding to the unavailable Products.

5. PAYMENT

Payment is made in full, online.

Orders are paid in Euros.

Orders can be paid for using one of the following payment methods:

• Payment by credit card. The accepted credit cards are the following: VISA, MASTERCARD, e-carte bleue, American Express.
  
  The transaction is carried out through the SYSTEMPAY security system of WAAM's partner, Banque Populaire. This system guarantees the encryption and security of the Customer's bank details. The payment is made on a dedicated and secure space, made available by the banking institution.
  
  The Customer must be the holder of the credit card used for the payment of their order.
  
  The Customer's order is recorded and validated as soon as the payment is accepted by the bank.
  
  The Customer's account will only be debited for the corresponding amount when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.
  
  The inability to debit the amounts due will result in the refusal of the sale.
  
  The debit of the payment card used is carried out at the time of the shipment of the Products, after confirmation from the issuing bank.
• Payment by e-wallet (such as "PayPal"). The Customer who wishes to pay for their order with their PayPal account will be redirected to the PayPal platform to identify themselves and proceed with the payment. After payment from the PayPal platform, the Customer will be redirected to the Website.

6. DEADLINES & DELIVERIES

Delivery is made to the address indicated by the Customer.

Delivery means the transfer to the Customer of physical possession or control of the goods.

Any risk of loss or damage to the Products is transferred to the Customer when the latter, or a third party designated by them and other than the carrier proposed by WAAM, takes physical possession of these goods. When the Customer entrusts the delivery of the goods to a carrier other than that proposed by WAAM, the risk of loss or damage to the goods is transferred to the consumer upon handover of the goods to the carrier.

The Customer chooses the delivery method when ordering.

Delivery costs are calculated based on the delivery method chosen, the total price (excluding delivery costs) of the order, and the weight of the order. The cost of delivery is indicated to the Customer when ordering, before the validation of their cart.

Delivery times vary according to the delivery option chosen by the Customer, and are indicated to them before they place the order (see article 4.2).

WAAM makes every effort to ensure the order is delivered as quickly as possible.

The Customer can track the progress of their package using the tracking number indicated in the email confirming the shipment of their order.

WAAM undertakes to deliver the order no later than 30 days after the order confirmation email is sent.

The Customer will be informed if the delivery is delayed for reasons beyond WAAM's control.

In the absence of delivery within the agreed period and in accordance with Article L.216-2 of the Consumer Code, the Customer may compel WAAM, by registered letter with Acknowledgement of Receipt to the address mentioned in Article 13 of the GTC or by writing on another durable medium, to execute it within a reasonable additional period. In the absence of delivery by WAAM within this reasonable additional period, the Customer may cancel their order by registered letter with Acknowledgement of Receipt to the address mentioned in Article 13 of the GTC, or by writing on another durable medium.

The order is considered canceled upon receipt by WAAM of the letter or writing informing it of this resolution unless WAAM has executed it in the meantime.

When the order has been canceled by the Customer, WAAM will reimburse the total amount of the Customer's order within a maximum period of fourteen days in accordance with the provisions of Article L.216-3 of the Consumer Code.

Upon receipt of the delivery, the Customer must ensure the conformity of the delivery to their order (quantity and Product reference), as well as the condition of the package and the Products in the presence of the carrier.

If the package is damaged or open, if the Products are damaged or do not correspond to the order, the Customer must refuse to accept delivery and state on the product delivery note, where applicable on the tablet or electronic terminal presented by the carrier, the reasons why they refuse to take delivery of the order.

In all cases, the Customer must inform WAAM using the form provided for this purpose, of any non-conformity of the delivery to their order (quantity, Product reference, missing Products, etc.). WAAM will then contact the Customer to resolve this difficulty.

7. RIGHT OF WITHDRAWAL

7.1 Exercise of the right of withdrawal

The Customer has a period of fourteen (14) days from the day after receiving the ordered Products to exercise their right of withdrawal, without having to justify their decision.

The Customer may exercise their right of withdrawal from the conclusion of the sale.

In the case of an order covering multiple Products delivered separately, the period runs from the receipt of the last Product.

In the case of an order covering multiple Products delivered separately, the period runs from the receipt of the last Product.

In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Customer may send:

• either the standard withdrawal form attached as an appendix to the GTC, duly completed;
• or any other unambiguous statement expressing their wish to withdraw, specifying the number of the order concerned.

Upon receipt, WAAM communicates an acknowledgment of receipt of the withdrawal to the Customer by email.
The Customer is invited to contact customer service indicating their wish to return part or all of their order to:

Return costs are the responsibility of the customer.

The Product must be returned in its original packaging, in perfect condition, fit for resale, unused, and with all potential accessories.

In addition to the returned product, the return package must also have the return slip printed and glued to the outside of the package as well as the delivery note inside the package.

The package with the returned Product and the return slip affixed to it will be handed over to La Poste, which will handle the transport to WAAM's warehouse.

WAAM will reimburse the Customer for all sums paid, including delivery costs, without undue delay and within fourteen (14) days from the date it is informed of the Customer's decision to withdraw. In the event that WAAM has not, within this 14-day reimbursement period, recovered the Products or obtained proof of shipment of the Products by the Customer, WAAM reserves the right to defer the reimbursement until the date of the first of these events to occur.

WAAM will make the refund using the same payment method as that used by the Customer for the initial transaction, unless the latter expressly agrees to a different method.

By accepting the GTC, the Customer expressly acknowledges having been informed of the withdrawal conditions.

7.2 Products excluded from the right of withdrawal

The Customer is informed that, in accordance with the provisions of Article L. 221-28, 5° of the Consumer Code, the right of withdrawal does not apply to Products that have been unsealed by the Customer after delivery and which cannot be returned for hygiene or health protection reasons, which is particularly the case for certain cosmetic products.

The right of withdrawal only applies to Products purchased on the Website; any other product is excluded from the right of withdrawal.

8. WARRANTY

The Customer is informed that the seller, guarantor of the conformity of the goods sold under French law, is the company DIECE (WAAM).

WAAM is liable for conformity defects and hidden defects of the item sold under the conditions respectively provided for in Articles L 217-4 and following of the Consumer Code and Articles 1641 and following of the Civil Code (these articles are recalled below).

If repair or replacement of the Product(s) is not possible when the Customer implements the legal guarantee of conformity, WAAM may refund the Customer the price of the Product(s).

Reminder of applicable legal provisions:

• Consumer Code:
  
  « Article L217-4
  The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
  They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this was entrusted to them by the contract or carried out under their responsibility.
  
  Article L217-5
  The goods are compliant with the contract:
  1° If they are suitable for the use usually expected of a similar good and, where applicable:
  - if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
  - if they have the qualities that a buyer can legitimately expect in view of public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;
  2° Or if they have the characteristics defined by mutual agreement by the parties or are fit for any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. »
  
  « Article L217-12
  The action resulting from a lack of conformity lapses two years after delivery of the goods.
  
  Article L217-13
  The provisions of this section do not deprive the buyer of the right to exercise an action resulting from latent defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature to which they are entitled by law. »

• Civil Code:
  
  « Article 1641
  The seller is bound by a warranty regarding hidden defects in the item sold that render it unfit for the use for which it is intended, or which so decrease this use that the buyer would not have acquired it, or would only have given a lesser price for it, if they had known of them. »
  
  « Article 1648
  The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
  
  In the case provided for by Article 1642-1, the action must be introduced, under pain of foreclosure, within the year following the date on which the seller can be discharged from apparent vices or lack of conformity. »

There will be no grounds to cancel the contract or reduce the price if the seller undertakes to repair.

Upon receipt of their order, the Customer must ensure that the delivered Products comply in all respects with their order.

In the event of a lack of conformity or a hidden defect affecting the received Products within the meaning of this legal guarantee, the Customer must inform WAAM's customer service by email or by phone as soon as the lack of conformity or the hidden defect is discovered.

WAAM's customer service will transmit all the necessary information for returning the Products, for their replacement or refund.

After examining the Product returned by WAAM, it will be refunded or replaced. The Customer will be informed by email.

8.3 Warranty exclusion

WAAM's warranty obligations will be excluded in the following scenarios:

• the Products returned by the Customer do not correspond to the Products ordered by the Customer;
• the products returned by the Customer were not ordered on the Website;
• the Customer has made non-compliant use of the Products with regard to the documentation made available to the Customer, particularly on the Product sheets, on the labeling or any possible manual, or a defect of the Product occurred due to such non-compliant use;
• the Customer transmitted incorrect or incomplete information to WAAM when creating their customer account or when placing the order.

9. FORCE MAJEURE

WAAM's liability cannot be sought if the execution or the delay in the execution of one of its obligations stems from an event constituting a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code such as, but not limited to: natural disasters, fires, epidemic, pandemic, large-scale social movement, act of state, internal or external strikes, fortuitous breakdowns, shortages, war, etc.

10. INTELLECTUAL PROPERTY – DATA PROTECTION

The WAAM brand as well as the logos and other distinctive signs affixed to the Products and/or appearing on the Website are registered and/or protected trademarks and signs and are therefore the exclusive property of WAAM. The reproduction, imitation, use, affixing, or deletion of these trademarks and/or distinctive signs without WAAM's prior authorization is likely to be qualified as acts of counterfeiting.

The Products, including but not limited to their presentation and packaging, may be protected by intellectual property rights (including trademarks, designs, and models, copyrights). These rights remain the exclusive property of WAAM and no related right is transferred or granted to the Customer by these GTC.

Similarly, the presentation of the Products, texts, articles, comments, images, photographs, drawings, trademarks, or any other content and element composing the Website or published on it, are protected by current intellectual property laws. Any unauthorized use, representation, or reproduction is prohibited under the Intellectual Property Code. No commercial exploitation, reproduction, representation, use, adaptation, modification, incorporation, translation, partial or total of these elements may be carried out without the prior written permission of WAAM, and failing this, may be qualified as an act of counterfeiting punishable by the Intellectual Property Code.

WAAM is particularly attentive to respecting the legal obligations incumbent upon it under the regulations applicable to the protection of personal data. The Customer and users of the Website are invited to refer to the Privacy Policy which details the measures put in place by WAAM regarding personal data protection.

Any consumer has the possibility to register free of charge on the list opposing telephone solicitation  BLOCTEL:
In accordance with Article L.223-2 of the Consumer Code aimed at framing telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone solicitation opposition list when it concerns solicitations intervening in the context of the execution of an ongoing contract and having a relationship with the subject of said contract, including when it involves offering the consumer products or services related or complementary to the subject of the ongoing contract or likely to improve its performance or quality. »

11. CUSTOMER SERVICE – INFORMATION – COMPLAINTS

For any inquiries, information requests, or complaints, the Customer may contact WAAM using the following methods:

By mail:

WAAM

23 avenue du Garigliano
Bâtiment 6
91600 Savigny-sur-Orge
France

By email: contact@waamcosmetics.com

By phone: 01 86 24 01 40

Via the contact form on the Website: https://waamcosmetics.com/fr/nous-contacter

12. APPLICABLE LAW – MEDIATION – COMPETENT JURISDICTION

12.1 Applicable law

The rights and obligations of the parties are governed by French law, regardless of the Customer's place of residence. The language of the GTC is French. The French version of the GTC shall prevail over any other version translated into another language.

The choice of applicable law does not deprive the Customer residing abroad of the protection conferred, where applicable, by the mandatory provisions of the country where they have their habitual residence.

12.2 Mediation

In the event of a dispute, the Customer should primarily contact WAAM in order to find an amicable solution, by email to the address: contact@waamcosmetics.com
The Customer is informed that they may in any case resort to conventional mediation in accordance with the provisions of Articles L 611-1 and following of the Consumer Code.
WAAM adheres to FEDERATION DES ENTREPRISES DU COMMERCE ET DE LA DISTRIBUTION Mediator: FEDERATION DES ENTREPRISES DU COMMERCE ET DE LA DISTRIBUTION - 12, RUE EULER - 75008 PARIS - TEL. 01 44 43 99 00 - mediationconsommation@fcd.fr

In accordance with the rules applicable to mediation, any consumer dispute must be the subject of a written complaint to the WAAM Customer Service prior to any request for mediation.

Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the Customer is informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

12.3 Competent jurisdictions

In the absence of an amicable outcome and regardless of the origin of the dispute, it will be the competence of the competent French jurisdictions, in accordance with common law rules.