1. Legal information
The website www.linaecosmetics.com (hereinafter referred to as "the site"), including its online sales area, is the property of FLAXLAB, a simplified joint stock company with capital of 10,000 euros, whose registered office is located at 6, rue de Tourville 78100 Saint -Germain-en-Laye, registered in the Trade and Companies Register of Versailles under number 834 720 989, e-mail address: contact@linaecosmetics.com .
FLAXLAB is a perfumery and beauty products trading company.
2. Preamble
The purpose of the site is in particular, via its online sales area, the marketing of cosmetic and beauty products (hereinafter referred to as "the products") for the attention of customers acting as consumers.
The professional Internet user is informed that he is not authorized to place an order on the site and is invited to contact the FLAXLAB sales team by e-mail, using the contact e-mail made available on the Site. .
The customer declares to have obtained all the necessary information regarding the use of the online sales space and the characteristics, both quantitative and qualitative, of the products offered for sale on the site.
It is specified that these general conditions of sale are supplemented by a personal data policy and a Cookies policy.
3. Definitions
The terms defined below shall have the following meaning between the parties:
- - "customer": any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and who buys a product on the site
- - "customer area": means a virtual space in the form of web pages within the site dedicated to the customer and accessible via the "My account" section.
- - “online sales space”: refers to a virtual space in the form of web pages within the site dedicated to the sale of products;
- - “sheet”: refers to the presentation sheet of a product offered for sale online in the online sales area;
- - "delivery costs": by standard colissimo (France - at home without signature). Delivery costs remain the responsibility of the customer, except for deliveries from 60 euros of purchase (France only)
- - “return costs”: the costs related to the return of a product are the responsibility of the customer
- - “basket”: refers to the summary page of the products chosen by the customer as they browse the site with a view to placing a possible order;
- - “party”: designates FLAXLAB or the customer in the singular, and FLAXLAB and the customer together in the plural;
- - “product”: refers to any product offered for sale in the online sales area and whose characteristics are presented on the site;
- - “website”: website published by FLAXLAB and accessible online at the address www.linaeskincare.com ;
- - “user”: any person using the site, whether a simple Internet user or a customer.
4. Purpose
The purpose of these general conditions is to define the terms and conditions of sale of the products offered on the website. www.linaeskincare.com . They govern all the steps necessary for placing the order and monitoring the order.
All marketing operations for these products assume consultation, understanding and acceptance of these general conditions.
These general conditions apply to any purchase of FLAXLAB product made on French territory.
5. Prerequisites
The customer declares and acknowledges:
- - be of legal age and have full legal capacity to engage under these general conditions;
- - be informed that his commitment does not require a handwritten or electronic signature. The acceptance of these general conditions of sale and the order of the basket is implemented by a consent by "click"
- - that he acts as a consumer, that is to say that the acquisition of the products is exclusively intended for his personal and private use
6. Opposition of the general conditions
The general conditions are permanently accessible in the online sales area in the General conditions of sale section. The customer can access the archived general conditions by making the request by e-mail to the address: contact@linaecosmetics.com .
In any case, the version of the general conditions of sale opposable to the customer is the one accepted by the latter at the time of the validation of his order.
The documents appearing online accepted during the order prevail over all the paper versions of an earlier date.
FLAXLAB reserves the right to adapt or modify these general conditions at any time. However, the new T&Cs will only apply to orders made after they have been put online and validly accepted by the customer.
The customer has the option of saving and printing these general conditions of sale using the standard functionalities of his browser or his computer.
7. Conditions of access and identification
7.1 Access to the site
Online ordering requires the customer to go to the site via internet access. Access to the site is free and open to any user with internet access. All costs relating to access, whether hardware, software or internet access costs, are the sole responsibility of the user. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
FLAXLAB strives to provide quality access and to allow users to use the means of communication made available to them in the best possible conditions.
Due to the nature and complexity of the Internet network, and in particular, its technical performance, FLAXLAB makes its best efforts, in accordance with the rules of the art, to allow access and use of the site. . FLAXLAB cannot in fact guarantee absolute accessibility or availability of the site.
However, FLAXLAB reserves the right, without notice or compensation, to temporarily or permanently close the site or access to one or more remote services, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods, servers and hours of accessibility, without this list being exhaustive.
FLAXLAB is not liable for damages of any kind that may result from these changes and/or temporary unavailability or even the permanent closure of all or part of the site or the services associated with it.
FLAXLAB reserves the right to supplement or modify, at any time, the site and the services which are available there according to the evolution of technologies.
It is up to the user to ensure the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the site.
7.2 Creating an account
To make a purchase, the user must create an account from the "Create an account" section. This account is accessible from the "My account" section after identification using his personal identifier and a password.
The procedure for creating a personal account includes the following steps:
- - Step 1: Creation of the account: the user completes the registration form by filling in the requested fields and specifying the e-mail address as well as the password. These elements will consist of the user's identifiers.
- - Step 2: Once this information has been entered, the user validates the form. The user receives a confirmation email to the email address provided.
On this occasion, the user undertakes to provide accurate and complete information and to regularly update his information. In this respect, the user can update his information about him by accessing the "My account" section.
The user must indicate a valid e-mail address which will allow, in particular, the sending of an e-mail confirming his registration and recovery and modification of his password.
It is the user's responsibility to ensure that he alone has access to the e-mail authorizing the password modification procedure.
The user is solely responsible for the preservation, conservation and confidentiality of his password and other confidential data that may be transmitted to him by FLAXLAB.
The user undertakes to take all useful measures to ensure this perfect confidentiality.
Any use of a password presumes use of the services offered on the site by the user to whom it belongs.
The user undertakes to modify his password without delay in the event of communication to third parties or theft of his password by resetting his password on the website.
FLAXLAB cannot be held liable in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure to anyone of its identifiers and/or passwords.
8. Product information
The greatest care is taken in posting information relating in particular to the essential characteristics of the products offered for sale on the site, the prices of the products offered for sale on the site, the guarantees and after-sales services, the means of payment, payment and delivery terms, delivery restrictions and the possibility of using a consumer dispute mediation process, prior to placing the order.
The essential characteristics of the products and the selling prices are indicated on the product pages. These elements are recalled in the basket.
The photographs and other graphic illustrations of the products presented on the site are merely indicative. The customer is fully informed that the images, photos and colors of the items offered for sale may in particular not correspond to the actual colors under the effect of the internet browser and the screen used.
The indications are given on the products subject to material errors.
9. Order process
9.1 Choice of products
The customer chooses the products presented on the site on the day of the order.
The customer acknowledges having read the nature, destination and methods of use of the products available on the site and having requested and obtained the necessary and/or additional information to place his order in full knowledge of the facts.
The customer is solely responsible for his choice of products and their suitability for his needs, so that FLAXLAB cannot be held liable in this regard.
9.2 Product Order Process
Any order implies full acceptance of these general conditions by means of a checkbox and a "click".
The contracting procedure includes the following steps:
- - Step 1: choice of products and filling of the basket;
- - Step 2: access to the detail of the order in the basket. During this stage, the customer has the option of checking the details of the order and its total price, excluding any delivery costs, modifying it, correcting any errors or canceling the order;
- - Step 3: identification of the customer if he is not already connected (either by connecting to his pre-existing customer space, or by creating one);
- - Step 4: choice of billing and delivery address;
- - Step 5: on this same screen, summary of the order and acceptance of the general conditions of sale before payment. During this stage, the customer also has the option of checking the details of the order and its total price, including any additional cost for delivery, modifying it, correcting any errors or abandoning the order.
- - Step 6: choice of payment method and payment of the order.
Once the order has been validated and paid for, the order can no longer be modified by the customer.
FLAXLAB acknowledges receipt of the customer's order by sending an email without delay.
Any order will only be considered after acceptance of payment. Any rejection of payment will imply the cancellation of the order.
FLAXLAB undertakes to honor orders received within the limits of available stocks and in the event of unavailability to inform the customer by any means at his convenience; the order will be canceled and the amount corresponding to the order refunded directly to the customer's account.
10. Price
The prices relating to the order of the products offered on the site are indicated at the level of the sheet of each product and offered for sale online.
The prices are displayed in euros in amounts including all taxes (TTC).
They are only valid for the duration during which they are accessible electronically in real time on the sales area for the product concerned offered for sale online.
They can evolve according to several criteria and in particular in the event of commercial operations.
The value of the transaction will necessarily be that of the date and time of the order by the customer, the parties acknowledging that they have no recourse in the event of a decrease or increase after the order.
The prices displayed take into account the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically passed on to the prices of the products offered for sale.
The prices displayed on the site do not take into account any delivery costs for the order, which will be indicated in addition to the price including tax.
Before confirmation of the order by the customer, the total amount of the order will be indicated (price including VAT + possible delivery costs) in euros.
11. Payment
To pay for his order, the customer has, according to his choice, the payment methods referred to within the order interface.
The following means of payment are accepted:
- - credit cards, Visa and Mastercard;
- - PayPal.
12. Right of withdrawal
12.1 Deadlines and scope
The customer has a legal withdrawal period of fourteen (14) days to return the products that do not suit him, without having to justify his decision.
This withdrawal period runs from the day after receipt of the product.
For orders relating to several products delivered separately or for orders of a product made up of batches or multiple products whose delivery is staggered over a defined period, the period runs from the day after receipt of the last product.
If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
The right of withdrawal is exercised without penalty, with the exception of the costs of returning the product, which remain the responsibility of the customer.
12.2 Modalities for exercising the right of withdrawal
The customer is free to return the product by his own means using the withdrawal form backed by these general conditions of sale and accessible by the link below: withdrawal form .
In such a case, the return costs remain the responsibility of the customer.
The customer is thus informed that the products must be returned:
- - in new condition in their original packaging;
- - undamaged and complete;
- - undamaged or soiled under conditions exceeding simple trial use;
- - without soiling, perforation, tearing, burning, discoloration, deformation;
- - with all the elements representing the brand or the model of the brand (logo, external brand label, etc.).
12.3 Returns and Refunds
To return the product, the customer must return the products, together with the withdrawal form, without undue delay, and at the latest within fourteen days from the communication to FLAXLAB by the customer of his decision to withdraw. to the following address :
FLAXLAB
6 rue de Tourville
78100 Saint-Germain-en-Laye
FRANCE
The deadline is deemed to have been met when the product is returned before the expiry of the fourteen (14) day period.
In the event of exercise of his right of withdrawal by the customer, FLAXLAB will reimburse him all the sums paid, without undue delay and in any event, at the latest, within fourteen (14) days from the day on which FLAXLAB is informed of the customer's withdrawal decision. The initial delivery shipping costs are included, with the exception of the return costs which remain the responsibility of the customer.
FLAXLAB has the option of deferring reimbursement until receipt of the products or until the customer has provided proof of the shipment of the products, the date to be retained being that of the first of these facts. It is therefore up to the customer to keep proof of his postal shipment.
Reimbursement will be made using the same means of payment as that used by the customer during the transaction, unless different terms have been expressly accepted by the latter. In any case, this refund cannot incur any costs for the customer.
13. Returns outside the "right of withdrawal"
13.1 If the package is damaged
Any damage incurred during delivery is borne by FLAXLAB, provided that the carrier making the delivery is the one chosen by FLAXLAB. Failing this, the risk of loss or damage to the goods is transferred to the customer when the goods are handed over to the carrier.
Therefore, if the customer chooses a carrier other than those offered by FLAXLAB, then FLAXLAB can in no way be responsible for damages incurred during this delivery.
Thus, it emerges that:
- - If the customer chooses a carrier offered by FLAXLAB, then the customer can turn against FLAXLAB;
- - If the customer chooses a carrier other than those offered by FLAXLAB, then the customer cannot turn against FLAXLAB, the latter not being liable for damages incurred during delivery.
Regarding the deadline for returning the damaged package, the customer will return the damaged product within a maximum period of (3) three days.
To return a damaged package, the customer must not use the withdrawal form, since the right of withdrawal is only accepted if the item is returned in perfect condition. The customer must give FLAXLAB formal notice by registered letter (FLAXLAB - 6, rue de Tourville 78100 Saint-Germain-en-Laye).
13.2 Non-compliant package
The customer benefits from a legal guarantee of product conformity, provided for in articles L.217-4 of the Consumer Code, allowing him to be covered against product defects for a period of 2 years following the purchase of said products. .
This guarantee is mandatory and must be respected by the seller.
In order to report a lack of conformity, the customer must not use the withdrawal form, since the legal guarantee of conformity is different from the right of withdrawal. The customer must notify FLAXLAB by registered letter with acknowledgment of receipt (FLAXLAB - 6, rue de Tourville 78100 Saint-Germain-en-Laye).
14. Delivery
FLAXLAB will make its best efforts to proceed with the delivery of the product on the date or within the period indicated to the customer, and in the absence of indication, at the latest within a maximum period of thirty (30) days from the day on which the customer placed his order.
The products are delivered to the address indicated by the customer on the order interface of the site.
Delivery means the transfer to the customer of physical possession or control of the product ordered.
Delivery will be made by standard Colissimo France (at home without signature)
Country: France
Shipping methods: Colissimo without signature, Mondial relay
Price: 6€
Free from 49€
These rates are considered inclusive of all taxes.
Any risk of loss or damage to the products is transferred to the customer when the latter or a third party designated by him, and other than the carrier offered by FLAXLAB, takes physical possession of these products.
If the customer chooses to entrust the return of the product to a carrier other than that offered by FLAXLAB, the customer is informed that the risk of loss or damage to the product is then transferred to him upon delivery of the product to the carrier.
In the absence of delivery on the date or at the end of the period provided for or, failing this, at the latest thirty days after the conclusion of the contract, the customer is informed that he has the possibility of terminating the contract, by registered letter with request for acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, FLAXLAB to make the delivery within a reasonable additional period, FLAXLAB has not performed within this period.
In this circumstance, the contract is considered resolved upon receipt by FLAXLAB of the letter or writing informing it of this resolution, unless it has been executed in the meantime.
The customer is informed that he can immediately terminate the contract if FLAXLAB refuses to deliver the product or if it does not fulfill its obligation to deliver the product on the date or at the end of the period when this date or this period constitutes for the customer an essential condition of the contract, this resulting from the circumstances surrounding the conclusion of the contract or from an express request of the customer.
In the event of termination of the contract, FLAXLAB will reimburse the client for all sums paid, without undue delay following the date on which the contract was terminated.
15. Product Use
The use of the product ordered may be governed by instructions for use and safety.
The customer undertakes to read and strictly comply with the instructions for use and safety recommendations appearing in the said documents, including those published and updated online on the site.
16. Warranties
The customer benefits from the legal guarantee of conformity (article L.217-4 and following of the Consumer Code) and defects of the thing sold (article 1641 and following of the Civil Code).
The customer is informed that the guarantor of the conformity of the goods is the company FLAXLAB, located 6 rue de Tourville 78100 Saint-Germain-en-Laye.
In the event that the customer acts as a legal guarantee of conformity, independently of any commercial guarantee, he has a period of two years to act from the delivery of the goods, without having to provide proof of the existence of non-compliance.
In the event of non-compliance, the customer can choose between replacement or reimbursement of the Product(s), subject to the conditions provided for in article L.217-9 of the Consumer Code.
In the event that the customer would act as a legal guarantee for defects in the thing sold, he chooses between the resolution of the sale or the reduction of the sale price.
17. Data processing and freedoms
17.1 Personal data
During visits to the site or orders placed by a customer, information through questionnaires, forms (...) may be collected from the latter.
The user is informed that FLAXLAB, as data controller, implements the processing of personal data whose main purposes are:
- - the management and monitoring of account creation and the relationship with customers in general;
- - management and monitoring of orders, payments, deliveries, shipments and returns, as well as customer service / after-sales service;
- - the management of customer accounts;
- - sales and marketing management
- - the management of customer statistics;
- - measurement of quality and satisfaction;
- - commercial prospecting and personalization of offers;
- - customer relations on social networks
This information is intended for FLAXLAB, as well as for any subcontractors for the aforementioned purposes, for the purposes of managing the commercial relationship, managing commercial prospecting and marketing targeting, as well as for its contractual and commercial partners at marketing purposes.
The customer is informed on each personal data collection form of the mandatory or optional nature of the answers. In the absence of information of a mandatory nature, the order could not be processed or could be delayed, and the commercial information could not be sent to the customer.
In accordance with the provisions relating to personal data, the customer has a right to access, query, modify, rectify and delete his data which allows him, if necessary, to rectify, complete, update update, block or delete personal data concerning him which is inaccurate, incomplete, ambiguous, outdated or whose collection, use, communication or storage is prohibited.
The customer has
Finally, the customer has a right to object to the processing of his data for legitimate reasons as well as a right to object to his data being used for prospecting purposes, in particular commercial.
If the customer has accepted it, when creating his account, special offers or promotional e-mails proposing novelties, exclusives and others may be sent to him.
The customer may request to no longer receive e-mails at any time by clicking on the link provided for this purpose and inserted at the bottom of the page of each of the e-mails sent to him.
For more information, click here .
17.2 Cookies
The customer acknowledges the possibility for FLAXLAB to use the technique of cookies or any other similar technique allowing navigation to be traced and thus to collect the associated data.
Cookies record certain information which is stored in a memory of the computer equipment used by the customer.
The customer can delete cookies at any time using his browser. This option may cause some functionality to be lost or secured.
For more information, click here .
18. Ownership
18.1 Intellectual Property
These do not imply any transfer of any kind of intellectual property rights on the elements belonging to FLAXLAB for the benefit of the customer.
The content of the site, the general structure as well as the trademarks, designs, models, animated or still images, texts, photographs, logos, graphic charters, software and programs, search engines, databases of data, sounds, videos, domain names, design, know-how of FLAXLAB and all the other elements composing the site or any other information contained therein, without this list being exhaustive, are the exclusive property of FLAXLAB or partners or third parties who have granted it a license, and are protected in particular by intellectual property rights which are or will be recognized to them according to the laws in force.
Any reproduction and/or representation, total or partial, of one of these elements, without the express authorization of FLAXLAB, is prohibited and would constitute in particular but not exclusively an infringement punishable by the provisions in force.
Similarly, FLAXLAB trademarks, distinctive signs, plans, studies, projects, instructions for use or assembly, photographs, technical and commercial documents and models relating to the products sold in particular, as well as all computer programs, applications, codes and related information remains its exclusive property.
Consequently, the customer refrains from any action and any act likely to directly or indirectly infringe FLAXLAB's property rights.
The customer is also prohibited from erasing, removing, or hiding in any way whatsoever, FLAXLAB's property marks on the product, or even to conspicuously display said property marks, labels or marks on copies of the product.
This article will survive at the end of the present and whatever the reason or the motive, until the end of its particular object.
18.2 Methods and know-how
FLAXLAB will retain full and exclusive ownership of the methods, know-how and tools specific to it used to execute these contractual stipulations.
This Ownership clause will survive the end of this document, for whatever reason or reason, until the end of its particular purpose.
19. Subcontracting
The client authorizes FLAXLAB to involve any subcontractor of his choice in the context of the execution of these presents and the services. In this case, the customer accepts that FLAXLAB discloses to its subcontractors the information necessary for the execution of the present.
20. Liability
FLAXLAB declines all responsibility for any interruptions or bugs on the site. FLAXLAB does not provide any guarantee, concerning all or part of the site, in particular relating to any direct or indirect damage resulting from the use of the site. The site may mention links to other external sources. Since FLAXLAB cannot control these external sources, FLAXLAB cannot be held responsible for the content, products, services, advertising, or elements available on these external sources. FLAXLAB invites the user to read the conditions of use that would be available on said external sources.
FLAXLAB is automatically liable to the customer acting as a consumer, for the proper performance of the obligations resulting from these presents. However, FLAXLAB cannot be held responsible for the non-performance of these conditions due to a case of force majeure.
FLAXLAB can also not be considered responsible when the poor execution or the non-execution of the contract is attributable to the unforeseeable and insurmountable fact of a third party to the contract or to the fact of the customer.
This article will survive the end of the present and this whatever the reason or the motive.
21. Proof and convention of proof
The online acceptance of the general conditions by electronic means has between the parties the same probative value as the agreement on paper.
The computerized registers kept in FLAXLAB's computer systems will be kept under reasonable security conditions and considered as proof
communications, orders and payments between the parties. They are binding until proven otherwise.
The archiving of contractual documents, orders and invoices is carried out by FLAXLAB and can be produced as proof
22. Language
The authentic language is French.
If these general conditions were to be translated into a foreign language, the French language will prevail over any other translation in the event of a dispute, dispute, difficulty in interpreting or executing these conditions and more generally. concerning the relationship between FLAXLAB and the client.
23. Mediation
The customer is informed by FLAXLAB of the possibility of having recourse, in the event of a dispute relating to these general conditions, to a conventional mediation procedure or to any other alternative method of dispute resolution.
The customer can thus contact the CMAP – Center for Mediation and Arbitration of Paris – to settle amicably by mediation any so-called consumer dispute or dispute, subject to Article L612-2 of the Consumer Code.
Cannot be the subject of a review by the mediator, the disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is in the process of examination by another mediator or by a court, or if the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to FLAXLAB or if the dispute does not fall within the scope of the mediator's competence, or finally if the consumer does not justify having tried , beforehand , to resolve his dispute directly with FLAXLAB by a written complaint according to the methods provided, if necessary, in the contract.
To submit their dispute to the mediator, the client can complete the form on the CMAP website: www.mediateur-conso.cmap.fr , or send your request by regular or registered mail to CMAP Médiation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consumption@cmap.fr .
24. Applicable law
These general conditions are governed by French law.
However, the customer may validly invoke and request that the mandatory provisions provided for by the law of the country of the European Union in which he resides be applied.
25. Jurisdiction
In the event of litigation on the occasion of the interpretation or the execution of the present general conditions, the customer can seize, either one of the jurisdictions territorially competent under the terms of the code of civil procedure, or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.
26. Date of last update
Last updated February 23, 2023.