General Terms of Sale
Preamble
These General Terms of Sale aim to define the conditions under which YML DIFFUSION markets its products to its consumer customers through its website.
YML DIFFUSION is a limited liability company with a capital of 15,000 euros, whose registered office is located at 10 rue du Meunier, 44880 SAUTRON (France), registered with the Nantes Trade and Companies Register under number 512 236 852. Email address: [email protected]
1. Definitions
The terms and expressions used in these General Terms of Sale with an initial capital letter shall have the following meanings:
“Client” means any adult individual making, on the Website, the purchase of one or more Products offered by YML DIFFUSION, for purposes that do not fall within the scope of their professional activity, and therefore having the status of a consumer within the meaning of the Consumer Code.
“Client Account” means the account created on the Website by any adult individual with consumer status for the purpose of purchasing one or more Products.
“General Terms of Sale” means these general terms of sale, applicable to the relationship between YML DIFFUSION and the Client.
“Special Conditions” means the specific terms agreed between YML DIFFUSION and the Client, intended to supplement these General Terms of Sale, notably by specifying the nature and quantity of the Products supplied to the Client, as well as the pricing and delivery conditions. The Special Conditions are materialized by the order summary page of the Client, as confirmed by the Client at the time of validating their payment.
“Contract” means collectively the General Terms of Sale and the Special Conditions. The conclusion of the Contract is materialized by the Client’s confirmation of the Special Conditions, implying their full and unconditional acceptance of the General Terms of Sale.
“YML DIFFUSION” means the company YML DIFFUSION, whose legal information is set out in the Preamble.
“Products” means the products offered for sale on the Website by YML DIFFUSION, as described in the Article “Definition of Products” herein.
“Website” means the website hosted at the following address: www.estime-et-sens.ca
“VAT” means French value added tax.
2. Acceptance of the General Terms of Sale
The General Terms of Sale set out the contractual conditions applicable to the relationship between YML DIFFUSION and the Client. The Client declares that they are an adult individual with the capacity to enter into the Contract. The Client is required to carefully read the General Terms of Sale before purchasing a Product on the Website. The General Terms of Sale contain important information regarding the rights and obligations of the Client, as well as the limitations and exclusions of liability of YML DIFFUSION. By purchasing a Product on the Website, the Client confirms their full and unconditional acceptance of the General Terms of Sale, which is expressly acknowledged by the Client, who specifically waives the right to rely on any other document that would not be binding on YML DIFFUSION. If the Client does not accept the General Terms of Sale, they are advised not to use the Products offered by YML DIFFUSION.
3. Products
Definition of Products
YML DIFFUSION primarily markets cosmetic products certified by COSMEBIO and ECOCERT, notably under the brand “ESTIME & SENS.”
The Products offered by YML DIFFUSION are presented in general on the Website and described specifically in the Special Conditions.
Product Prices
The Products are offered at the prices displayed on the Website on the day the Client validates the order.
The prices displayed on the Website are in euros, inclusive of all taxes, including VAT, excluding delivery charges, if applicable, or any other potential additional fees, as specified on the Client’s order summary page. Any change in the VAT rate will be reflected in the price of the Products. YML DIFFUSION reserves the right to modify the prices displayed on the Website at any time.
Product Availability
The availability of a Product is indicated on its corresponding description page on the Website.
4. Orders
A Client who wishes to order a Product on the Website must follow the following steps:
(i) Select each Product and the desired quantity, and add them to the shopping cart.
(ii) Confirm the contents of the cart once all desired Products have been selected.
(iii) Log in using their Client Account or, if applicable, create a Client Account beforehand.
(iv) Choose the delivery method, with the fees for each delivery option displayed on the Website.
(v) Verify the order details and correct them if necessary.
(vi) Select the payment method and confirm full and unconditional acceptance of the General Terms of Sale in effect on the day of the order.
(vii) Verify all information on the order summary page before confirming payment, thereby finalizing the order with the obligation to pay.
The Client is encouraged to carefully check, before placing an order, that the Products meet their needs.
YML DIFFUSION cannot be held responsible for any failure by the Client to determine their needs or for any errors made by the Client during the ordering process.
No request to modify an order already placed by a Client will be accepted by YML DIFFUSION.
5. Financial Terms
Amount Payable
The amount payable by the Client is the amount shown on the order summary page before confirming payment.
It includes, in particular, (i) the price of the Products ordered, in euros, inclusive of all taxes, including VAT, (ii) delivery charges, if applicable, and (iii) any other additional fees duly specified.
The amount payable for a given order is payable in euros and is due in full at the time the Client confirms their order.
Payment Terms
Payment for the Products is made, at the Client’s choice, by credit card (Carte Bleue, Visa, Mastercard, American Express).
To prevent any risk of fraudulent payment, YML DIFFUSION reserves the right to request from the Client any document proving their identity.
Transaction Security
To protect sensitive data related to payment methods, the Website uses an SSL (Secure Socket Layer) protocol to secure exchanges. YML DIFFUSION uses the secure payment service provided by BANQUE POPULAIRE GRAND OUEST.
YML DIFFUSION does not have access to the sensitive payment information entered by the Client.
6. Order Processing
After payment by the Client, they will receive, as soon as possible, an email confirming the validation of their payment and the registration of their order, along with a summary of the order details.
The order is only considered final on the date of this email.
The Client will also be informed by email of the shipment of the ordered Products. The Client has the ability to track the progress of their order through their Client Account.
Unless proven otherwise, the data recorded in YML DIFFUSION’s computer system constitutes evidence of all transactions concluded with the Client. For payments made by credit card, the data recorded by the payment system constitutes evidence of the financial transactions concluded with the Client.
7. Cancellation or Refusal of an Order by YML DIFFUSION
YML DIFFUSION reserves the right to refuse or cancel a Client’s order for any legitimate reason, in particular in the event of incorrect entry of payment information, rejection of the chosen payment method, or failure by YML DIFFUSION to receive the additional information requested to validate the Client’s payment within the required timeframe.
The Client shall bear any costs necessary to resolve the issue, including in the event of payment refusal by their bank.
8. Delivery
Delivery Terms and Charges
YML DIFFUSION delivers the Products within metropolitan France.
Shipment of the Products can only occur after YML DIFFUSION has validated payment of the total order amount.
The Client shall bear any costs of reshipping resulting from an error on their part in providing the delivery address.
In the event of the recipient’s absence at the time of delivery, the carrier will leave a notice at the delivery address provided by the Client. The Client must then arrange a new delivery appointment with the carrier or collect the Products at the address and according to the procedures indicated by the carrier. If the Client fails to collect the Products within the timeframe communicated by the carrier, the Products will be returned to YML DIFFUSION, which reserves the right to reimburse the Client for the delivery charges. Any request by the Client for reshipment of the Products will be entirely at the Client’s expense.
Delivery Charges
Delivery is free within metropolitan France for any order totaling €49 or more, inclusive of all taxes.
Any applicable delivery charges are indicated on the Website at the time the Client selects the delivery method.
The amount payable by the Client for delivery is shown on the order summary page before the Client confirms payment.
Delivery Timeframes
The delivery timeframe is indicated on the description page of each Product. It is an estimated average period for delivery within metropolitan France.
The delivery timeframe for a Product purchased by the Client is shown on the order summary page and begins from the validation of the order by YML DIFFUSION, as referred to in Article 6.
YML DIFFUSION undertakes to inform the Client as soon as possible by email in the event that the communicated delivery timeframe is exceeded.
The Client may claim a refund of amounts paid for their order only under the following cumulative conditions:
(i) YML DIFFUSION has failed to respect the delivery timeframe communicated to the Client; and
(ii) The Client has, by registered letter with acknowledgment of receipt or any other durable medium, unsuccessfully requested YML DIFFUSION to deliver the Product(s) ordered within a reasonable additional period.
If applicable, the Client may terminate the Contract with YML DIFFUSION by registered letter with acknowledgment of receipt or any other durable medium. Unless delivery has been made prior to receipt of the termination letter, YML DIFFUSION shall refund all amounts paid by the Client for the relevant order no later than fourteen (14) days following the date of receipt of the Client’s termination letter.
In any case, YML DIFFUSION cannot be held responsible for failure to meet delivery deadlines due to a force majeure event.
Risks Related to Transport
The risk of loss or damage to the Products is transferred to the Client at the moment when the Client, or a third party designated by them, takes physical possession of the Products.
In accordance with Article L. 133-3 of the French Commercial Code, YML DIFFUSION’s recourse against the carrier, in the event of partial damage or loss, expires upon receipt of the transported items if, within three (3) days thereafter, excluding public holidays, the recipient has not notified the carrier of a reasoned protest by extrajudicial act or registered letter. This timeframe may be extended under certain circumstances.
Consequently, to allow YML DIFFUSION to preserve its rights against the carrier, the Client is advised to:
(i) Inform YML DIFFUSION immediately upon receipt of the Products in the event of partial loss or damage of the ordered Products, at the email address [email protected]
; and
(ii) File a claim with the relevant carrier within three (3) days by registered letter.
Specifically, if damage is observed on the package or the Products, the Client is advised to:
(i) Refuse the package, indicating “Refused: Damaged Product” on the delivery receipt; or
(ii) If the Client accepts the package, to note all necessary reservations on the delivery receipt, specifying the observed damage to the Products.
9. Right of Withdrawal
Exercise of the Right of Withdrawal
In accordance with the provisions of the French Consumer Code, the Client benefits from a right of withdrawal, under which they may decide to cancel their purchase of Products without providing any reason or paying any penalty, for the purpose of exchange or refund.
This right does not apply to Products that are made according to the Client’s specifications or that are clearly personalized, in accordance with Article L221-28 of the French Consumer Code.
The Client must exercise their right of withdrawal within fourteen (14) calendar days following the date on which they, or a third party designated by them, receive the Product.
In the case of an order containing multiple Products delivered separately, the period begins on the day the Client or the designated third party receives the last Product of the relevant order.
Before the expiration of this period, the Client must inform YML DIFFUSION of their intention to exercise their right of withdrawal either by using the withdrawal form available in Annex 1, which must be sent to YML DIFFUSION by email or post, or directly through their Client Account.
YML DIFFUSION will acknowledge receipt of the Client’s request.
Return of Products under the Right of Withdrawal
A Client who has exercised their right of withdrawal as set out in Article 9.1 must return the relevant Product(s) at their own expense, no later than fourteen (14) days following notification to YML DIFFUSION of their decision to withdraw, to the registered office of YML DIFFUSION.
The risks associated with the transport of Products returned by the Client remain the responsibility of the Client until YML DIFFUSION receives proof of shipment.
The Product being returned must be returned unopened, in its entirety (packaging, accessories, manuals, etc.), and in perfect resale condition.
To facilitate the processing of the return, the Client is advised to include a copy of the corresponding invoice.
In accordance with the Consumer Code, the Client may be held liable for any depreciation of the Product caused by handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the Product.
Pursuant to Article L 221-28, 5° of the Consumer Code, if the Client returns an unsealed Product, a refund cannot be issued for reasons of hygiene and health protection. In such a case, the Client has the option to have the Product returned to them at their own expense.
Exchange or Refund
As part of exercising their right of withdrawal under Article 9.1, the Client may, at their discretion, request (i) a replacement of the Product or (ii) a refund of the amounts paid.
In the case of a refund request, YML DIFFUSION will reimburse the Client for the amounts paid at the time of the order, including, where applicable, the delivery fees, excluding any additional costs related to choosing a delivery method more expensive than the standard delivery option offered by YML DIFFUSION. The costs associated with returning the Product remain the responsibility of the Client.
If the right of withdrawal is exercised for only part of the Products received, delivery fees will be reimbursed proportionally based on the weight of the returned Products, or, if delivery fees were calculated on a flat-rate basis, they will not be refunded to the Client.
The refund will be processed as soon as possible and no later than the date on which YML DIFFUSION receives the returned Product or proof of shipment of the Product by the Client, whichever occurs first.
YML DIFFUSION will process the refund using the same payment method used by the Client for the original transaction, unless another payment method has been expressly agreed upon by the parties.
10. Legal Warranties
Provisions Relating to Legal Warranties
Article L217-4 of the Consumer Code
The seller delivers a good that conforms to the contract and is liable for any non-conformity defects existing at the time of delivery.
The seller is also liable for non-conformity defects resulting from packaging, assembly instructions, or installation when such tasks are stipulated in the contract or performed under their responsibility.
Article L217-5 of the Consumer Code
A good is considered compliant with the contract if:
1° It is suitable for the use normally expected of a similar good and, where applicable:
It matches the description provided by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
It possesses the qualities a buyer can reasonably expect based on public statements made by the seller, producer, or their representative, notably in advertising or labeling;
2° Or it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, communicated to the seller and accepted by them.
Article L217-12 of the Consumer Code
Claims arising from non-conformity must be brought within two years from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer requests, during the course of the commercial warranty granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.
This period begins from the buyer’s request for intervention or from the availability of the good for repair, if this availability occurs after the intervention request.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the sold item that render it unfit for its intended use or that diminish its use so significantly that the buyer would not have purchased it, or would have paid a lower price, had they been aware of the defects.
Article 1648, first paragraph, of the Civil Code
Actions resulting from redhibitory defects must be initiated by the buyer within two years from the discovery of the defect.
Legal Warranty of Conformity
Every Client benefits from the legal warranty of conformity under Articles 1604 et seq. of the Civil Code and Articles L217-4 to L217-13 of the Consumer Code.
When acting under the legal warranty of conformity, the Client:
(i) Benefits from a period of two (2) years from the receipt of the Product;
(ii) May choose between repair or replacement of the Product, subject to the chosen solution not being disproportionately costly;
(iii) Is exempt from providing proof of the existence of the Product’s non-conformity during the twenty-four (24) months following receipt of the Product, or six (6) months for a second-hand product.
The legal warranty of conformity applies to the Client independently of any commercial warranty that may have been granted.
The Client may also decide to invoke the warranty against hidden defects of the Product sold as provided by Article 1641 of the Civil Code and, in this case, choose between rescission of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
When repair and replacement are impossible, YML DIFFUSION shall, at the Client’s choice, either:
(i) Refund the price paid by the Client upon return of the Product, or
(ii) Apply a price reduction while allowing the Client to keep the Product.
In any case, only a price reduction may be offered to the Client if the non-conformity defect is minor.
The exercise of this right by the Client is free of charge, according to the Product return procedures described below.
Warranty Against Hidden Defects
In accordance with Articles 1641 to 1649 of the Civil Code, every Client benefits, for Products purchased from YML DIFFUSION, from a warranty action against hidden defects, which may be exercised within two (2) years from the day the Client became aware of the defect.
Under this warranty, YML DIFFUSION shall, at the Client’s choice:
(i) Refund the price paid by the Client upon return of the Product, or
(ii) Apply a reduction of the price paid while allowing the Client to retain the Product.
Product Return Procedures under Legal Warranty
A Client wishing to return a Product under the exercise of a legal warranty must first notify YML DIFFUSION either by email at [email protected]
or by postal mail to the address indicated in the Preamble.
YML DIFFUSION will acknowledge receipt of the Client’s request and provide the necessary instructions for returning the Product.
Refunds for Products deemed non-compliant or defective will be processed as quickly as possible. Return shipping costs will be borne by YML DIFFUSION, upon presentation of supporting documents if applicable.
11. Registration on the Do-Not-Call List
YML DIFFUSION may collect telephone data from the User.
In accordance with the French Consumer Code, the User is informed that they can register at any time on the do-not-call list (“Liste d’opposition au démarchage téléphonique”) to refuse unsolicited marketing calls.
12. Processing of Personal Data
Browsing the Website may involve the recording of data considered as personal data. Users who create a Client Account or use certain tools offered on the Website, such as subscribing to a newsletter, submitting a contact form, or posting a Product review, provide personal data for these purposes.
In accordance with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”) and Law No. 78-17 of 6 January 1978 as amended, relating to information technology, files, and civil liberties, the processing of personal data provided by the User in these contexts is subject to the User’s consent at the time of data collection by YML DIFFUSION.
Any individual whose personal data is processed by YML DIFFUSION has rights of access, rectification, deletion, portability, as well as the right to restrict or object to the processing of their data. More detailed information is available in YML DIFFUSION’s Personal Data Protection Policy, accessible on the Website.
Any request for further information or for exercising the above rights may be sent by email to [email protected]
, via the contact form on the Website, or by post to:
YML DIFFUSION – GDPR, 10 rue du Meunier, 44880 SAUTRON, France.
13. Intellectual Property
The intellectual property rights attached to the Products, including, in particular, trademarks, designs, plans, models, and patents, are the exclusive property of YML DIFFUSION or its partners. No license for use is granted to the Client under these General Terms and Conditions of Sale.
14. General Provisions
Partial Invalidity
The invalidity of a contractual clause does not entail the invalidity of the General Terms of Sale, except in the case of a pivotal and determining clause that led one of the parties to enter into the contract.
Modification of the General Terms of Sale
YML DIFFUSION reserves the right to modify the General Terms of Sale at any time. Consequently, the applicable General Terms of Sale are those in effect on the date of the Client’s order.
Mediation, Applicable Law, Jurisdiction
The General Terms of Sale, and more generally the Contract, are governed by French law.
For any dispute related to the conclusion or performance of the Contract, the Client must first contact YML DIFFUSION in order to seek an amicable solution. The Client may submit a written complaint (i) by email to: [email protected] , or (ii) by postal mail to the address listed in the Preamble.
If an amicable solution cannot be reached, the Client is informed that, under the Consumer Code, they may use conventional mediation, in particular through the Consumer Mediation Commission or existing sectoral mediation bodies, whose contact details are provided below, or any alternative dispute resolution method in case of a dispute.
AKORDIAL – Anaïs AUFFRAY – +33 6 50 30 59 66
In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No 2006/2004 and Directive No 2009/22/EC, the Consumer Client is also informed of the existence of an online dispute resolution platform (“ODR”) accessible at: http://ec.europa.eu/odr
.
Without prejudice to the above, any dispute concerning the formation, performance, or interpretation of this Contract shall be submitted to the courts under ordinary law.
