GENERAL TERMS AND CONDITIONS OF SALE

Caudalie.com (here in after the “Website”) is an e-commerce Website accessible on the Internet. It is open to any Internet user (here in after “Internet user”).

Via the Website, CAUDALIE offers cosmetic products for sale (here in after the “Products”) to Internet Users browsing the Website (here in after “Users”). To enforce these terms and conditions, it is agreed that the User and CAUDALIE will be collectively referred to as the “Parties” and individually as the “Party”, and that a User who has confirmed an order will be referred to as the “Purchaser”. The User’s rights and obligations will necessarily apply to the Purchaser. It is specified that the Products are intended for the User’s personal use, and have no direct relationship to the User's professional activity.

Users who want to make a purchase on the Website declare that they have full legal capacity to do so. CAUDALIE cannot verify the legal capacity of the User or Purchaser. Accordingly, if a Purchaser does not have sufficient legal capacity to order Products on the Website, their legal guardians must assume full liability for this purchase, in particular the payment there of.

The purpose of these General Terms and Conditions of Sale is to set out, solely as a result of the relations they establish on the Internet and only on the Website, the rights and obligations of the Parties arising from the online sale of the Products offered on the Website. The Purchaser acknowledges that they have read these terms and conditions before placing the order, and that ordering on the Website entails the Purchaser's unreserved acceptance and prior complete agreement with these General Terms and Conditions of Sale and warranties, which prevail over any other document, save for special terms and conditions expressly agreed in writing by CAUDALIE.

CAUDALIE reserves the right to amend these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale applicable to any order are accepted by the Purchaser at the time the order is confirmed.

These General Terms and Conditions of Sale are completed by the Personal Data and Cookies Charter.

The Products offered for sale by CAUDALIE are those shown on the Website, on the day the User consults the Website, subject to stock availability. The photographs illustrating the Products are not contractually binding.

In accordance with the legislation in force, VAT collected on sales is refunded in France, with the exception of sales made to a Purchaser residing in the following countries, in which VAT is refunded locally. For this purpose, CAUDALIE is registered with the local tax authorities under the following numbers:

• Germany: 08005/43903

• Spain: N00 173 64A

• Italy: 00 151 689 999

• Portugal: 980 527 988

• Great Britain: GB788646655

• Switzerland: CHE 115.866.581 TVA

The User may freely browse the different pages of the Website, without being obliged to make an order.

If the User wants to place an order, they choose from the different Products in which they are interested, and show this interest by clicking on the “Add to cart” box.

At any time, the User may: - obtain a summary of the Products they have selected or amend their order, by clicking on “my cart”.

A summary of the order will then appear on the screen. If the list shown corresponds to the Products they have chosen, the User may continue their order by clicking on: “PLACE ORDER”. The User may identify themselves, either by entering their e-mail address and password, if they are already a customer or member of the MY CAUDALIE loyalty programme, or by accurately completing the form provided, on which they must enter the information needed for identification, in particular their last name, first name and postal address. The User is informed and accepts that entering any identification is proof of their identity and expresses their consent.

During the ordering process, the User may amend and correct the data entered such as the contents of the cart, the delivery and billing address, before final confirmation of the order.

Having noted the progress of the order, and once all the information requested has been completed, the User chooses the payment method they want to use to pay for their order. They must click on the “PLACE ORDER” to confirm their order.

The User can pay for purchases via the following payment methods.

All the information exchanged to process the payment is encrypted using the SSL protocol (Secure Socket Layer). This data cannot be identified or intercepted or used by third parties. These certifications guarantee that the operational processes and technical solutions used by Adyen comply with the strictest criteria in terms of data exchange security and protection of banking data. At no time will the User’s banking data transit via CAUDALIE's IT system.

Specific to the Klarna payment method (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden), we offer you the following payment options. Payment is to be made to Klarna: Pay in 3. Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Klarna's Pay in 3 / Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. Ts&Cs and late fees apply.

Once the payment is confirmed, the order is placed and becomes irrevocable, without prejudice to the User’s right of withdrawal (the terms of which are set out below). The User then becomes the Purchaser. The purchase order is saved in CAUDALIE's computer records, which are kept on a reliable, durable medium, and will be considered as proof of the contractual relationship between the Parties. The Purchaser guarantees that they are fully authorised to use the payment card used, that the card is valid and has access to sufficient funds to cover all the costs of the order.

When the Purchaser confirms their payment, a summary of the order will be sent to them electronically, to the e-mail address entered by the Purchaser at the time of identification, prior to placing the order. If there is an error in entering the e-mail address or more generally the order summary is not received, CAUDALIE may not be held liable. This order confirmation will summarise the following information: terms of payment, delivery and, where applicable, delivery charges, the characteristics of the Product(s) ordered, the terms and conditions of the right of withdrawal; the address to which the Purchaser may send complaints, information about the after-sales service and the sales warranties.

If the order confirmation does not arrive within 24 hours of placing the order, the Purchaser may contact our Customer Service Department via the Contact form. Likewise, if the Purchaser has any questions about previous orders, they may contact CAUDALIE using the same form.

An e-Gift Card purchased on the Website can be used on the Website and/or in Caudalie Boutique SPAs in Europe (excluding Vinothérapie Spas).

An e-Gift Card purchased in stores in France can be used on the Website and/or in Caudalie Boutique SPAs in Europe (excluding Vinothérapie Spas).

An e-Gift Card purchased in boutiques in Europe (excluding France) can only be used in Caudalie Boutique Spas in Europe (excluding Vinothérapie Spas). 

The order will be dispatched within 30 days at the latest, with effect from the day after confirmation of the order by the Purchaser.

List of delivery zones and charges:

Country / Dispatch method / Charge / Free from

• Mainland France / SoColissimo, Chronopost / 4.95€ / 39.00€
  

• Mainland France (excluding Islands of metropolitan France, Corsica, Monaco) / Chronopost 13 / 9,90€ / -

• Mainland France (excluding Monaco) / Chronopost Shop2Shop / 3.95€ / 39.00€

• Netherlands / Chronopost / 4.95€ / 39.00€

• Belgium, Luxembourg / Chronopost, SoColissimo / 4.95€ / 39.00€

• Germany / DHL / 4.95€ / 29.00€

• Portugal (excluding Madeira, Azores) / Chronopost, SoColissimo, UPS / 4.95€ / 39.00€

• Spain (excluding Canaries) / Chronopost, SoColissimo, UPS / 4.95€ / 39.00€

• Switzerland* / DHL / 4.95€ / 59.00€

• Italy (excluding San Marino) / Chronopost, SoColissimo, UPS / 4.95€ / 39.00€

• United Kingdom (excluding Jersey and Guernesey) / Royal Mail 24-48HRS Tracked / £3.95 / £25.00

• Austria / Chronopost / 4.95€ / 39.00€

• Greece, Ireland / Chronopost, DHL / 4.95€ / 39.00€

• Pologne / Chronopost, DHL / 34zł / 130zł

These charges are inclusive of all taxes.

Not available for Spa and Boutique treatment vouchers.

* Customs charges and taxes are paid by Caudalie

** Express delivery available, excluding hazardous products (spray, aerosol)

THE BUYER is informed that they have the possibility of turning towards a consumer mediator for disagreements that may arise in relation to the sale of CAUDALIE products.

In compliance with the order of 20 August 2015 and the decree of application of 30 October 2015, the BUYER can refer to the CMAP – Centre de Médiation et d’Arbitrage de Paris – to resolve amicably through mediation any disagreement or dispute related to consumer rights, subject to article L612-2 of the Consumer Protection Code.

Disputes that may not be subject to review by the mediator are those for which the request is clearly unfounded or abusive, or that has been recently examined or is in the process of being examined by another mediator or tribunal, or if the BUYER has submitted their request to the mediator more than one year after their complaint was submitted to CAUDALIE in writing or if the dispute does not fall within the domain of competence of the mediator, or finally if the consumer does not justify having attempted, beforehand, to resolve their dispute with CAUDALIE directly through a written complaint.

To submit their dispute to the mediator, the BUYER can fill in the form on the CMAP website at: www.mediateur-conso.cmap.fr, or send their request by regular or recommended letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.

Each Spa and Boutique treatment voucher is valid for one (1) year from the date it is dispatched. When this period expires, any unused Spa and Boutique treatment voucher will be definitively cancelled for the Purchaser (or the beneficiary) and cannot be refunded. “A la carte” treatments are not covered by a Spa and Boutique treatment voucher.

In order to use their Spa and Boutique treatment voucher, the Purchaser (or the beneficiary) must make an appointment with the Spa or Boutique selected in the order, which will inform them of the terms and conditions of the treatment. Failure to attend the appointment, postponement or cancellation of the appointment by the Purchaser (or the beneficiary) with less than 48 hours’ notice will definitively cancel the Spa and Boutique treatment voucher and it may not be refunded by CAUDALIE.

The User has the option to book treatments online for CAUDALIE Boutiques with a treatment room, according to a booking schedule open for two (2) months.

Booking :

To make a booking online, the User must go to the specific Spa Boutiques page on the Website, then select the Boutique of their choice. They can access a description of the available treatments at the Boutique and a schedule. The User selects a treatment, date and time slot, then clicks on “BOOK A TREATMENT”.

The User is then asked to identify themselves, either by entering their e-mail address and password, if they are already a customer or member of the MY CAUDALIE loyalty programme, or by accurately completing the form provided, on which they must enter the information needed for identification, in particular their last name and first name.

The User must then select a payment method to finalise the booking. The Purchaser will receive a confirmation e-mail, stating the date and time of the treatment, and the Boutique address. A Voucher to be presented at the Boutique will be attached to the e-mail.

Amendment and cancellation conditions

Subscription is a service only available on the Website, enabling the Purchaser to automatically receive one or more Products at a frequency chosen by them in advance. Subscription is a service applicable only to a selection of Products, which is defined by CAUDALIE and can be changed by CAUDALIE at any time.

Each e-Gift Card is valid for one (1) year from the date it was issued by e-mail. 

When this period expires, the e-Gift Card will be definitively deactivated for the Purchaser (or the beneficiary) and cannot be refunded. 

The e-Gift Card can be used for purchasing products (except all types of Gift Cards) or a Caudalie SPA treatment (excluding Vinothérapie SPAs). 

The e-Gift Card can only be used in the currency of the country where it was purchased.

The Purchaser benefits from the warranty of legal compliance (Article L.217-4 et seq. of the French Consumer Code) and product defects (Article 1641 et seq. of the French Civil Code).

The Purchaser is informed that the guarantor of compliance of the goods is CAUDALIE, 6 Place de Narvik – 75008 Paris.

If the Purchaser invokes the legal compliance warranty, independently of any commercial warranty, they have a period of two years from delivery of the product in which to act. The Purchaser is exempt from proving the existence of non-compliance for a period of six months from delivery of the said Product(s). This time limit is increased to twenty-four months for any purchase of new Product(s) from 18 March 2016.

In the event of non-compliance, the Purchaser may choose between replacement or refund of the said Product(s), subject to the conditions of Article L.217-9 of the French Consumer Code.

If the Purchaser invokes the legal warranty of product defects, they may choose between cancellation of the sale or reduction in the sale price.

CAUDALIE respects your concerns about protection of your privacy and personal data.

Your personal data will be collected and processed by CAUDALIE. In the context of online sales, it is mandatory to enter some of your personal data, as this information is necessary for processing and delivering the orders and issuing the bills. This information is strictly confidential. Failure to enter this information will automatically lead to rejection of the order. Some data may also be used to send you information and/or promotional offers on the brand’s products.

In accordance with the provisions of the “Informatique et Libertés” law (French Data Protection Act) of 6 January 1978, amended by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has the right of access, information, objection, correction, restriction, portability and removal of any data concerning them. The Purchaser also has the right to draw up and send instructions concerning the outcome of their personal data after their death and to bring a claim before a competent authority. To exercise one or more of these rights, the Purchaser must fill in the Contact form available on the Website. All CAUDALIE's commitments regarding the protection of Personal Data are available on the Personal Data and Cookiespage.

CAUDALIE will not be held liable in the event of total or partial failure to fulfil its obligations under these General Terms and Conditions of Sale, if the said non-fulfilment is attributable to a third party, the fault of the User or the Purchaser, or caused by an event of force majeure, as defined by Article 1218 of the French Civil Code, by any event that is beyond the control of CAUDALIE or by an Internet-related hazard.

If one or more terms of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other terms shall retain their full force and scope.

These General Terms and Conditions of Sale and the order summary sent to the Purchaser form a contractual whole and constitute the entirety of the contractual relations between the Parties. Should these documents contradict each other, the General Terms and Conditions of Sale shall prevail.

CAUDALIE, the Website, and all the elements that comprise it (such as trademarks, logos, photographs, images, illustrations, texts, slogans, videos, structure of the Website) are the sole property of CAUDALIE, which is solely authorised to use the intellectual property rights and personality rights relating thereto, or to the holder of the intellectual property rights concerned.

Any full or partial reproduction and/or representation, use, adaptation or modification of the Website or one of the elements comprising it, in any medium whatsoever and any form whatsoever, is expressly prohibited, unless previously authorised in writing by CAUDALIE.

Hyperlinks to the Website may only be created with the prior, written permission of CAUDALIE.

Sales of CAUDALIE products are governed by French law, regardless of the Purchaser's country of residence and the place where the Order is made. Any dispute relating to the existence, interpretation, performance or termination of the contract between CAUDALIE and the Purchaser, even in the event of multiple defendants, will, if an amicable agreement cannot be reached, come under the sole jurisdiction of the competent French courts, pursuant to the regulations set out in the French Code of Civil Procedure.

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Caudalie SAS (the "CRR Service").

By submitting any content to Caudalie SAS, you guarantee that:

• You are the sole author and owner of the intellectual property rights in the content;

• All "moral rights" that you may have in such content have been voluntarily waived by you;

• All content that you post is accurate;

• You are at least 18 years old;

• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

• That is known by you to be false, inaccurate or misleading;

• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);

• That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

• For which you were compensated or granted any consideration by any unapproved third party;

• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Caudalie SAS (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable lawyers' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Caudalie SAS a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Caudalie SAS's sole discretion. Caudalie SAS reserves the right to change, condense, withhold publication, remove or delete any content on Caudalie SAS's website that Caudalie SAS deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Caudalie SAS does not guarantee that you will have any recourse through Caudalie SAS to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Caudalie SAS reserves the right to remove or to refuse to post any submission to the extent authorised by law. You acknowledge that you, not Caudalie SAS, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Caudalie SAS, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.