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General terms of sales

Preamble

The CAUDALIE BOUTIQUE US (hereinafter referred to as the "Website") is an online e-business accessible via the Internet at www.caudalie.com, and is open to any user of the Internet network (hereinafter referred to as a "Net-surfer"). It is produced by the French private limited company CAUDALIE S.A.S the capital of which is EUR1,000,000 and the registered office of which is at 6, Place de Narvik, 75008 Paris, and which is registered with the Paris Register of Companies & Commerce under number 398360 123. You can contact Caudalie by calling 1 866 826 1615 (freephone number, lines open Monday to Friday, 9am to 6pm). The Website enables CAUDALIE to offer cosmetics for sale (hereinafter referred to as the "Products") to Net-surfers navigating the Website (hereinafter referred to as the "Users"). For the purpose of these Terms & Conditions, it is hereby agreed that any User and CAUDALIE shall be referred to collectively as the "Parties" and individually as the "Party", and that any User confirming any order shall thereafter be referred to as the "Purchaser". All User rights and obligations therefore shall of necessity apply also to the Purchaser.

It is stipulated that the Products are intended for the User's personal use without such use having any direct connection to the User's professional occupation or activity. In this regard, the particular notice of the User is drawn to the fact that no order placed by him/her may exceed the sum of One thousand euro (EUR1000).

The User wishing to purchase online via the Website hereby formally declares that he/she has full legal capacity.

Any order for a Product offered for sale on the Website assumes that the User has read and expressly accepted these Standard Terms & Conditions of Business without however such acceptance being subject to the User's handwritten signature. In accordance with provisions of articles 1316 to 1316-4 of the French Civil Code, amended by Decree No. 2001-272 of 30 March 2001, enacted for the application of article 1316-4 of the Civil Code in relation to electronic signatures, it is recalled that confirmation of an order form in accordance with what is laid down at article 3.3 hereinafter shall constitute an electronic signature, and that such signature shall have the same value between the Parties as a handwritten signature.

Article 1. Purpose

These Standard Terms & Conditions of Business determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website, and apply worldwide, insofar as concerns solely the relationship created via the Internet and exclusively on the said Website.
These Terms & Conditions shall apply to the exclusion of any other document.

Article 2. Products - Prices

2.1. Products

The Products offered for sale by CAUDALIE are those shown on the Website on the day and date on which the User logs onto the Website and while stocks last. No photograph illustrating any Product shall be deemed to constitute part of any contract. Should any photograph contain errors, therefore, CAUDALIE shall not be held liable on grounds thereof.

2.2. Prices

The prices for the Products are shown in US dollars (USD). They are exclusive of sales tax. CAUDALIE reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the said Products.

Article 3. Registration and confirmation of the order

3.1. Navigating the Website

The User is free to navigate between the various different Web pages on the Website without any obligation to make any purchase.

3.2. Registering the order

If the User wishes to make an order, he or she selects the various different Products in which he or she is interested and makes such interest clear by clicking on the "Add to the Basket" button.
At any time the User may:
- obtain a summary of the Products selected or alter his/her order by clicking on "my basket" accessible on the top right-hand corner of each page in the "our products" section, - complete his or her Product selection and place an order by clicking on "my basket".
To order the Products he or she has selected, the User clicks on "See Detail and Pay". An order summary will appear on-screen. If the list displayed corresponds to the Products selected, the User confirms the summary by clicking on "Confirm". The User will then be asked to identify him- or herself either by logging on with his/her e-mail address and password if already a CAUDALIE on-line customer, or by completing in full the form available on-line, which contains the details required for identity purposes and, in particular, first and last names and postal address.
The User is hereby informed that entering a username shall be tantamount to proof of his or her identity and shall constitute valid consent.

3.3. Confirming of the order

Once the state of the User's order has been established and all the details requested have been completed, the User will choose the desired method of payment for the goods. The User will click on "Confirm" to pay for the order and will be immediately re-directed to the secure payment server of the Crédit du Nord Bank. The Purchaser can pay his/her order by bank card (Visa or credit card). The Bank's server is subject to SSL (Secure Socket Layer) encryption thus enabling all data relating to the method of payment to be processed with the highest level of protection and ensuring that at no time are the User's bank details carried on CAUDALIE's own computer system.
Once payment has been confirmed, the User returns to the Website. His or her order is registered and becomes irrevocable. The User, henceforth, becomes the Purchaser. The order form is registered in CAUDALIE's computerized records (which are themselves stored on a durable reliable back-up support), and will be deemed to be proof of the contractual relationship between the Parties.

3.4. Confirming receipt of the order

Once payment has been confirmed, an electronic receipt summarizing the order will be sent to the User's e-mail address as provided on identification.
The following will be restated: - the characteristics of the product ordered; - the conditions and procedure for exercising the right to withdraw from the transaction; - the address which the Purchaser should use in the event of a complaint; - Information on after-sales service and the guarantee.

Article 4. Delivery

The order will be fulfilled no later than thirty (30) days with effect from the following day after the Purchaser has confirmed his or her order. Most items may be shipped to Alaska and Hawaii, but some restrictions apply. For shipments to Hawaii & Alaska add $15.00. For overnight shipping to Hawaii & Alaska please contact Caudalie customer service at 1-866-826-1615. We regret that free shipping promotions do not apply to Hawaii and Alaska. At this time, Caudalie US does not accept orders being shipped to U.S. Territories (Puerto Rico, Guam, and U.S. Virgin Islands) and cannot ship orders to a P.O. boxes or APO/FPO/DPO addresses.

4.1. Delivery Terms & Conditions

On receipt of the Products ordered, the Purchaser must check the Products are compliant. The Purchaser must report any discrepancy relating to delivery (missing or broken items, damaged parcel, etc.) on the delivery slip issued by the carrier when delivering the parcel, and must also inform the Customer Service Department at CAUDALIE no later than the next day following arrival of the goods, by e-mail to: customer_service@caudalie-usa.com or by telephone to 1.866.826.1615 (toll free) Monday through Friday, from 9am to 5pm (EST). No claim made after this period will be accepted and CAUDALIE shall not be held liable in respect thereof. Should a product be unavailable, the Purchaser will be informed. With the Purchaser's prior agreement, a product of equivalent quality and value will be offered. Should the Purchaser not wish to accept this alternative, the amount paid will be refunded within a maximum of thirty days. In such a case, Caudalie will bear the cost of product returns resulting from the Purchaser's decision to withdraw from the transaction. Caudalie is unable to accept responsibility for failure to deliver or late delivery resulting from cases of force majeure, the actions of a third party or any error on the part of the client. In the event delivery delays, the Purchaser should inform Caudalie customer services as promptly as possible, by emailing customer_service@caudalie-usa.com or by telephone to 1.866.826.1615 (toll free) Monday through Friday, from 9am to 5pm (EST).

Article 5. Returns policy

Caudalie would like you to be satisfied with your purchase. At this time, we are unable to accept Caudalie.com returns in our Caudalie stores. Caudalie.com will only accept returns on items purchased through the Caudalie.com website, and these items must be accompanied by a receipt and order number. We are unable to accept returns on items purchased from any other Caudalie retailers. To return or exchange your online purchase, please email us at customer_service@caudalie-usa.com within 14 days of receipt of your purchase. This period runs with effect from the date the order is delivered. The Product(s) must be returned in their original containers and packaging, and accompanied by the detachable slip from the bottom of the invoice or delivery note, to the following address: CAUDALIE USA, Inc. – ATTN: RETURNS/EXCHANGES 201 Penhorn Avenue, Unit 2, Secaucus, NJ 07094. If this fourteen-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day. If the conditions detailed above are met, Caudalie will reimburse the Purchaser all monies paid as quickly as possible and within a maximum of thirty (30) days from the date on which the right to withdraw from the transaction was exercised. We are unable to refund the freight charges and we cannot accept any used products after that period.

Article 6. Data protection

Personally identifiable information upplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
In accordance with law relating to computers and freedom, the processing of personally identifiable information gathered from the Website is subject to formal declaration registered with the National commission for information technology and civil liberties [CNIL]. The User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a written request by post to the Customer Service Department at CAUDALIE USA, Inc. – 307 E. 53 St., Suite 401, New York, NY 10022.

Article 7. Miscellaneous provisions

7.1. Force majeure

No Party shall be liable in the event of partial or total non-performance of any obligation under this contract where such non-performance arises due to an event that constitutes a case of force majeure. Cases of force majeure will be defined as those events which fulfil the criteria set by case law.
The Party relying on any event tantamount to force majeure must advise the other Party thereof within five (05) working days of the occurrence, or the threat, of the event.
The Parties hereby agree that they will consult one another within the shortest possible time in order to decide jointly on how to carry out the order during the case of force majeure.

7.2. Partial invalidity

If any provision in these Standard Terms & Conditions of Business is found or ruled to be invalid pursuant to any law, regulation or decision of a competent court, the other provisions shall retain their full force and scope.

7.3. Wholeness of the contract

These Standard Terms & Conditions of Business and the order summary transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties.
In the event of contradiction between the said documents, the Standard Terms & Conditions of Business shall prevail.