General Terms and Conditions of Sale for products sold on the website www.botan.fr
Article 1 – Purpose
These general terms and conditions of sale described below detail the rights and obligations of NEW COSMETIC FRANCE and its customers in the context of the sale of the following goods: tanning and moisturizing products, equipment, and accessories.
Any service performed by NEW COSMETIC FRANCE implies the buyer’s unreserved acceptance of these general terms and conditions of sale.
Article 2 – Prices
The prices of our products are indicated in euros, inclusive of all taxes (VAT and other applicable taxes on the date of the order), unless stated otherwise and excluding processing and shipping fees.
If you place an order to a country other than mainland France, you are considered the importer of the product(s) in question. Customs duties or other local taxes, import duties, or state taxes may be payable. These duties and sums are not the responsibility of NEW COSMETIC FRANCE. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We recommend that you inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
NEW COSMETIC FRANCE reserves the right to modify its prices at any time, but the product will be billed based on the rate in effect at the time the order is validated and subject to availability.
Products remain the property of NEW COSMETIC FRANCE until full payment is made.
Note: As soon as you physically take possession of the ordered products, the risk of loss or damage to the products is transferred to you.
Article 3 – Orders
You can place orders:
- Online at: www.botan.fr
- By phone at 01 88 61 57 57, Monday to Friday from 10:00 am to 7:00 pm.
The contractual information is presented in French and will be confirmed at the latest at the time of order validation.
NEW COSMETIC FRANCE reserves the right not to record a payment and not to confirm an order for any reason, especially in the event of a supply issue or difficulty concerning the received order.
Article 4 – Order Validation
Any order placed on the website www.botan.fr implies acceptance of these General Terms and Conditions. Any order confirmation entails your full and unreserved acceptance of these general terms and conditions of sale.
All data provided and the recorded confirmation will serve as proof of the transaction.
You declare that you have full knowledge of this.
Order confirmation will be considered as a signature and acceptance of the operations carried out.
A summary of your order information and these General Terms and Conditions will be sent to you via the order confirmation email.
Article 5 – Payment
Validating your order implies the obligation to pay the indicated price.
Payment for your purchases can be made either by credit card via secure systems like PayPlug or PayPal, or using your PayPal account.
In case of payment by card or PayPal account, the card is debited at the time of the order. No shipment will be made without full payment of the order.
Article 6 – Withdrawal
In accordance with the provisions of Article L.121-21 of the French Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to provide a reason or pay a penalty.
Returns must be made in their original and complete condition (packaging). In this context, your liability is engaged. Any damage suffered by the product on this occasion may void the right of withdrawal.
Return shipping costs are your responsibility.
In case of exercising the right of withdrawal, NEW COSMETIC FRANCE will refund the amounts paid within 14 days following notification of your request using the same payment method used at the time of the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to:
- The supply of services fully performed before the end of the withdrawal period and whose performance has begun after express prior agreement from the consumer and express waiver of their right of withdrawal.
- The supply of goods unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons.
Article 7 – Availability
Our products are offered as long as they are visible on the website www.botan-cosmetics.com and within the limits of available stock.
In case of product unavailability after your order is placed, we will inform you by email. Your order will be automatically canceled, and no bank debit will be made.
Furthermore, the website www.botan-cosmetics.com does not intend to sell its products in large quantities. Therefore, the company NEW COSMETIC FRANCE reserves the right to refuse orders of more than 50 identical items.
Article 8 – Delivery
Products are delivered to the delivery address provided during the ordering process, within the timeframe indicated on the order confirmation page.
In case of a shipping delay, you will be notified via email about any potential impact on the delivery timeframe initially indicated.
In accordance with legal provisions, in case of a delivery delay, you have the option to cancel the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will proceed with its refund and reimburse the shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In the case of deliveries by a carrier, the company NEW COSMETIC FRANCE cannot be held responsible for delivery delays solely due to the customer’s unavailability after multiple appointment proposals.
Article 9 – Warranty
All our products benefit from the legal conformity guarantee and the warranty against hidden defects provided by Articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it can be returned, exchanged, or refunded.
All claims, exchange, or refund requests must be made by phone at 01 88 61 57 57 within 30 days of delivery.
Products must be returned in the condition in which you received them, with all components (accessories, packaging, instructions, etc.). Shipping costs will be reimbursed based on the charged rate, and return costs will be refunded upon presentation of receipts.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided in Article 6.
Article 10 – Liability
The products offered comply with French legislation in force. The company NEW COSMETIC FRANCE cannot be held responsible for non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibility of importing or using the products or services you intend to order.
Moreover, the company NEW COSMETIC FRANCE cannot be held liable for damages resulting from misuse of the purchased product.
Finally, the company NEW COSMETIC FRANCE cannot be held responsible for any inconveniences or damages inherent to the use of the Internet, such as a service interruption, external intrusion, or the presence of computer viruses.
Article 11 – Applicable Law in Case of Disputes
The language of this contract is French. These terms of sale are subject to French law.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, NEW COSMETIC FRANCE has established a consumer mediation system. The chosen mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION. In case of a dispute, the consumer may submit their claim on the website: http://cnpm-mediation-consommation.eu or by mail to CNPM – MÉDIATION – CONSOMMATION – 27, avenue de la Libération – 42400 SAINT-CHAMOND.
Article 12 – Intellectual Property
All elements of the website www.botan.fr are and remain the intellectual and exclusive property of the company NEW COSMETIC FRANCE. No one is authorized to reproduce, exploit, redistribute, or use any elements of the site, whether software, visual, or audio, even partially, for any purpose without the express written consent of NEW COSMETIC FRANCE. Any simple or hypertext link is strictly prohibited without prior written agreement from NEW COSMETIC FRANCE.
Article 13 – Personal Data
The company NEW COSMETIC FRANCE reserves the right to collect personal information and data concerning you. They are necessary for order management, as well as to improve the services and information we provide to you.
They may also be transmitted to companies involved in these relationships, such as those responsible for executing services and orders for their management, execution, processing, and payment.
This information and data are also retained for security purposes to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify, and oppose personal information and data concerning you, directly on the website.
Article 14 – Online Reviews
In accordance with Decree No. 2017-1436 of September 29, 2017, regarding obligations of information related to online consumer reviews:
Each review is submitted freely by users without any compensation. Experienced users who have previously ordered a product via the website are identified as “verified customers.” The maximum publication and retention period for a review is ten (10) years.
Reviews are published without modifications. To be published, a review must reflect a genuine user experience and comply with the product’s Instructions for Use and Precautions for Use, with comments focusing solely on the concerned product. It must not mention competing brands, must adhere to basic rules of good conduct, and must not disseminate illegal, vulgar, obscene, or otherwise offensive content of any nature. It must not infringe upon the dignity of others or personal rights, nor upon intellectual property rights or other third-party rights, including trademark and copyright rights.
Article 15 – Archiving Proof
The company NEW COSMETIC FRANCE will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the company NEW COSMETIC FRANCE will be considered by all concerned parties as proof of communications, orders, payments, and transactions made between the parties.
Last update date: Paris, 22/09/2023
