GENERAL CONDITIONS OF SALE AND SUBSCRIPTION - 02/2025
Lashile Beauty - General Terms and Conditions of Online Sale (February 2025 version)
Please read these terms and conditions carefully before ordering products from the lashilebeauty.com website. By ordering from lashilebeauty.com, you agree to be bound by these terms and conditions.
SUMMARY
1. Scope and pre-contractual information
2. Warnings
3. Orders
4. Subscriptions
5. Prices
6. Payment terms
7. Deliveries
8. Guarantees
9. Transfer of ownership
10. Right of withdrawal
11. Intellectual Property
12. Personal Data
13. Cookies
14. Miscellaneous
15. Extended Producer Responsibility (EPR)
16. Complaints
17. Disputes – applicable law
18. Pre-contractual information - Customer acceptance
1. Scope and pre-contractual information
1.1. The contact details of Lashilé Beauty Full Store Unlimited (the “Company”) are as follows:
Lashilé Beauty Full Store Unlimited, a simplified joint-stock company with a capital of EUR 20,000, registered in the Marseille trade and companies register under number 833 464 167.
Head office
SAS FULL STORE UNLIMITED - 148 TRAVERSE DE LA MARTINE - PARC TERTIAIRE DE LA VERRERIE – BAT B2 - 13011 MARSEILLE • FRANCE
Telephone +33 (0)4 91 03 91 85 (Monday to Friday from 9:30 am to 12:30 pm)
and from 2 p.m. to 5 p.m.).
Email: info@lashilebeauty.com
VAT number FR39 833 464 167
1.2. Scope of application: These general terms and conditions of sale (the "GTC") apply only in the presence of the following conditions:
sales to a non-professional buyer, namely a natural person acting for purposes outside their trade, business, craft, profession or agricultural activity, in accordance with Article L221-1 of the Consumer Code; or
sales to a professional when this agreement does not fall within the scope of the professional's main activity and the number of employees employed by the professional is five or fewer, in accordance with Article L 221-3 of the Consumer Code; and
wishing to acquire the Products offered for sale (food supplements in the form of "Gummies" (the "Product(s)")) by the Company on the Company's website www.lashilebeauty.com (the "Website").
(referred to as the "Client(s)")
The purchase of Products by a minor requires the express consent of the holder of parental authority.
1.3 Territories outside France. If the sale of the Products, or the manner in which they are offered for sale, is deemed, in whole or in part, unlawful or illegal under the applicable law in the Customer's territory of residence, the Customer must refrain from accessing the Website from that territory or access it from other territories where such access is deemed legal. If the Customer chooses to access the Website from a territory where the sale of the Products is deemed, in whole or in part, unlawful or illegal, the Customer alone will bear the consequences of the application of the legal provisions of that territory, without the Company being held liable in this respect.
1.4. Essential characteristics of the Products. The Customer is invited to refer to the description of each Product on the Website to find out its precise characteristics; and in case of doubt or request for further information, to contact the Company using the contact details provided in article 15 of these General Terms and Conditions.
1.5. Available Stock. Product offers are subject to availability. Product availability is indicated at the time of order placement. If an ordered Product is unavailable, the Customer will be notified by email. The Customer will then have the option of requesting a refund from customer service or waiting for the Company to restock and maintaining their order, which will be shipped as soon as possible.
Depending on the chosen package, the Company may offer the Customer certain gifts referred to as "goodies." These gifts, if applicable, are listed in the description of the package selected by the Customer. These gifts are offered subject to availability.
1.6. Other information. The information and details required by the Consumer Code are contained within these General Terms and Conditions, either directly or by reference.
2. Warnings
2.1 Instructions for use. Precautions for use. Instructions for use and precautions for use are provided for each Product on the website. The Customer is advised to consult and follow the instructions for use and precautions provided on the Product pages of the Website.
2.2 Effects. The Customer acknowledges that a course of dietary supplements is an individual experience, that its effects cannot therefore be accurately determined in advance, and that no results are guaranteed. Dietary supplements cannot replace physical exercise, nor should they be confused with medical and/or psychological monitoring or consultation. Similarly, dietary supplements should be used as part of a healthy lifestyle and not as a substitute for a varied and balanced diet or medication. If the Customer has any doubts about their health or any potential medical contraindications, they should consult a doctor before making any purchase on the Website.
3. Orders
It is the Customer's responsibility to select the Product(s) they wish to order online on the Website. Once the selection is confirmed, the Customer must provide all the information necessary for shipping the Product:
Name
First name
Email address
Full physical address
Phone number
The Customer must then provide their bank card information on an online form, thus enabling secure payment for their order:
the name of the holder,
the 16 digits of his bank card,
the expiry date,
the virtual cryptogram code found on the back of the bank card.
In accordance with Article L.221-14 of the Consumer Code, the Company will remind the Customer, before placing their order, of the goods which are the subject of the order, their price, the mention: "order with obligation to pay" indicating that placing an order obliges payment.
The online contract is concluded when the Customer clicks on the button to confirm the order after viewing the details of the order, in particular its total price, and having had the opportunity to correct any errors.
After reviewing the order details and once all required information has been completed, the Customer can click "Submit" to finalize the order. Order submission constitutes acceptance of the Terms and Conditions. Order submission also signifies that the Customer has the necessary authorization to use the chosen payment method.
The contractual information is presented in French and will be confirmed in writing by email, which includes this contractual information, notably the list of Products ordered.
The Customer is responsible for verifying the completeness and accuracy of the information provided when placing the order, particularly regarding the delivery address. The Company cannot be held liable for any errors made by the Customer when entering information and their consequences (such as delays or delivery errors). In such cases, the Customer will be responsible for the costs incurred in reshipping the order.
The Company reserves the right to refuse an order in the event of non-payment, even partial, of a previous order or refusal of bank authorization during online payment.
4. Subscriptions
4.1 Subscription
To subscribe, the Customer must click on "Subscribe" on the Website and confirm their subscription during the ordering process. The Customer will then receive their order, and the amounts due will be automatically debited according to the plan chosen on the Website.
4.2 Termination
The subscription is non-binding . However, the cancellation request must be made no later than three (3) working days before the scheduled renewal date (excluding weekends and public holidays).
The Client can proceed with this cancellation:
- by email to the following address : info@lashilebeauty.com
- or by phone at 04.91.03.91.85 , during Customer Service opening hours.
In accordance with Article L.221-28 1° of the French Consumer Code, the right of cancellation cannot be exercised on an order that has already been fulfilled or whose fulfillment has begun . Once an order is being invoiced, prepared, or shipped , it is considered firm and final .
If the cancellation request is made less than three (3) business days before the renewal date, the order will be invoiced and prepared . In this case, the cancellation will take effect after the order has been shipped , and no cancellation or refund will be possible.
The Customer will not be able to obtain any refund for an order that has already been validated, even if he decides to return the products.
Finally, it is recalled that, in accordance with Article L.221-18 of the Consumer Code, in the context of a subscription involving the regular delivery of goods, the legal withdrawal period of fourteen (14) days applies only from the receipt of the first purchase and does not concern subsequent orders resulting from renewals.
5. Prices
5.1. Current rates.
The Company may change its prices at any time, but the Products will be billed to the Customer at the prices in effect on the Website at the time the Customer places the order.
The prices shown on the website:
are expressed in Euros including VAT;
Prices are exclusive of delivery charges, subject to the provisions of articles 7.3 to 7.5 of these General Terms and Conditions.
5.2. Tariff characteristics.
Prices are fixed and non-negotiable during their period of validity, as indicated on the Website. However, if one or more taxes or contributions are created or modified, whether increased or decreased, this change may be reflected in the selling price of the Products on the Website and on the various sales channels.
5.3. Invoice .
An invoice is issued by the Company and given to the Customer after the order. The Customer may also request to receive their invoices by email by contacting the Company at info@lashilbeauty.com.
6. Payment terms
6.1. Payment terms.
The price is payable in full on the day the order is placed by the Customer, via secure payment, according to the terms and conditions set out on the Website.
The Company will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated on the Website.
Payments made by the Client will only be considered final after the Company has effectively received the amounts due.
6.2. Transaction Security
The Company certifies that payment card details are encrypted and never transmitted unencrypted over the network. Payment is made directly to the bank.
In order to ensure the security of transactions and prevent fraud in distance selling, the Company may carry out checks on the placement of orders.
As part of an audit, the Company may invite the Client by email to provide:
proof of address and identity (for example an electricity bill, a landline telephone bill for the completion of the order).
A scanned copy of the partially masked front and back of the bank card (without disclosure of the security code);
In this case, the delivery period only starts to run from the date of dispatch of the order, which cannot be earlier than the validation of the supporting documents.
In the absence of supporting documentation or if the documents sent do not allow verification of the identity of the person placing the order, the validity of the address, or the apparent conditions of solvency, the Company reserves the right to cancel the order or to request payment in cash to guarantee the security of online transactions and the full collection of the Products ordered.
6.3. Failure to comply with payment terms.
The Company reserves the right, in the event of non-compliance with the payment terms, to suspend or cancel the delivery of pending orders placed by the Customer.
6.4 Payment via Klarna.
In order to offer you Klarna's payment methods, we may, during the payment process, transmit your personal data in the form of contact details and orders to Klarna so that Klarna can assess your eligibility for its payment methods and tailor them to you. Your transferred personal data is processed in accordance with Klarna's own privacy policy.
7. Deliveries
7.1 Destination.
Products can be delivered to Metropolitan France and its overseas territories, Belgium, Switzerland, Luxembourg, Spain, Germany, the United Kingdom, and all other destinations listed on the Website. If the Customer wishes to have their order delivered to two different locations, they must place two separate orders and pay the associated shipping costs.
7.2 Deadlines.
For deliveries within mainland France, Products are shipped within 48 hours of order confirmation by email to the Customer. Once shipped, delivery will be made to the address provided by the Customer via Colissimo 48H (between 2 and 3 business days). For all other destinations, the delivery time is between 2 and 14 business days; the name of the carrier will be communicated to the Customer by email after the order.
7.3 Express delivery.
The Customer may choose an express delivery option. In this case, the Customer will be charged a delivery fee (the amount will be communicated to the Customer before payment of the order). The Company will offer this delivery option depending on availability.
7.4 Return.
In the event of the package being returned to the sender, for any impossibility of delivery or refusal to receive by the Customer for whatever reason, a contribution to the return costs will be retained according to the carrier's current rates.
8. Guarantees
8.1 Legal guarantees.
The Company is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 of the Consumer Code and by that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Legal guarantee of conformity:
In accordance with the provisions of Article L.217-15 of the Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of said code are reproduced below:
Article L217-4
"The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery."
He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was his responsibility under the contract or was carried out under his supervision.
Article L217-5
"The property conforms to the contract:"
1° If it is suitable for the purpose usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the latter.
Article L.217-12:
"The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods."
Warranty against hidden defects:
Article 1641
"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648
"The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."
8.2 Limitations of liability.
The Company guarantees that the Products have been subjected to controls and tests carried out by the Company's partner laboratories before being placed on the market.
In any event, the Company cannot be held liable by the Client in the following cases: lack of suitability of the Products to the Client's needs;
harm suffered by the Customer due to misuse of the Products;
Failure by the Customer to verify, before ordering and throughout the intake of the Products, their state of health and any possible allergies to any of the components of the Product.
The Client acknowledges that a course of food supplements does not entail any obligation of results.
The testimonials on the Website were submitted by the Company's customers and reflect only individual experiences. The Customer acknowledges that these testimonials are not a guarantee of their own results but are intended to represent and illustrate potential results obtained through optimal use of the Products.
The before/after photographs displayed on the Website are representations based on genuine customer testimonials sent by email to the Company by consumers of the Products. As results are individual, no results can be guaranteed to the Customer based on the use of the Products provided by the Company.
9. Risk Transfer
In accordance with Article L.216-2 of the Consumer Code, 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 proposed by the Company, takes physical possession of these Products.
10. Right of withdrawal
10.1. Principle. The Customer has a period of fourteen days to exercise their right of withdrawal.
10.2. Procedures for exercising the right of withdrawal. In accordance with Article L. 221-18 of the French Consumer Code, starting the day after receipt of the Products, the Customer has a period of fourteen days to exercise their right of withdrawal by sending either the form available on the Website by registered mail with return receipt requested, or any unambiguous written statement expressing their intention to withdraw, to the Company's registered office. It should be noted that, in accordance with applicable regulations, if the last day falls on a Saturday, Sunday, or public holiday, the period is extended until the following day.
However, in accordance with Article L.221-18 of the Consumer Code, it is noted that if the Customer has chosen a subscription plan involving the regular delivery of Products, the fourteen-day withdrawal period only runs from the receipt of the first Product.
10.3. Return.
The Customer must return the complete Products in their original packaging, in perfect condition, to the Company's address indicated above, without undue delay and, at the latest, within fourteen days of communicating their decision to withdraw. Damaged, defective, or incomplete items will not be accepted.
The Customer must bear the direct costs of returning the Products, namely the return shipping costs.
10.4. Reimbursement.
The Company is required to reimburse the Customer for all sums paid, including delivery charges (excluding return shipping costs), as soon as possible and no later than fourteen days from the date on which the Company was informed of the consumer's decision to withdraw. The Company may withhold reimbursement until it has received the goods back or until the Customer has provided proof of shipment of the product, whichever occurs first.
10.5 Exception. The Company will not be required to reimburse the Customer in the following cases:
Quantity of products less than ordered;
Opened products, already consumed;
Products whose safety ring is no longer fully sealed;
Damaged products or packaging, making them unsuitable for being put back on the market;
Products not stored under the conditions recommended on the packaging.
11. Intellectual Property
11.1. The content of the Website is the property of the Company and is protected by French and international laws relating to intellectual property.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.
11.2. The Company owns the intellectual property rights relating to the Products purchased by the Customer, including, in particular, the know-how, methods, copyrights and patents associated with the accompanying and integrated software, as well as the rights relating to their designs (drawings and models) or the names under which they are marketed (trademarks). The Customer is prohibited from reproducing or using said Products, studies, drawings, and models without the Company's express, prior written authorization.
12. Personal Data
As part of orders placed by Customers on the Company's website, the Company collects certain data, particularly for order payment, delivery, order tracking, and after-sales service. All information relating to this data processing is detailed in the Company's privacy policy, which can be accessed here.
13. Cookies
Cookie files are stored in your browser's memory. They are permanent and contain a unique identifier for each browser. They record your browsing history on the Website and each of its pages. You can always configure your browser to refuse these cookies without affecting your browsing experience on the Website.
14. Miscellaneous
14.1 The data recorded by the Company constitutes proof of all transactions.
14.2. For the purposes of these General Terms and Conditions, the term "written" covers postal mail, electronic mail, or fax.
14.3. In the event of nullity or unenforceability of any clause of these General Terms and Conditions, the other clauses shall continue to apply.
14.4. Any failure by the Company to exercise one or more rights conferred upon it by these General Terms and Conditions shall never be interpreted as a waiver of such rights by the Company.
14.5. The occurrence of a force majeure event shall have the effect of suspending the performance obligations of the party affected by the event, under the conditions set by the applicable legal provisions.
14.6 The official language of these General Terms and Conditions is French. The use of any other language is for illustrative purposes only. In case of any difficulty in interpretation, the Parties shall refer solely to the French text.
15. Extended Producer Responsibility (EPR)
The unique identifier generated by the French Agency for Ecological Transition (ADEME) under which the Company is registered with regard to the extended producer responsibility (EPR) obligations mentioned in Article L. 541-10 of the Environmental Code is FR277083_01OZPV.
16. Complaints
16.1 Any complaint or request for information relating to the Products or services must be addressed to the Company by one of the following means:
via the Website: by referring to the "Contacts" section;
by telephone: at +33 (0)4 91 03 91 85;
by mail to the following address: SAS FULL STORE UNLIMITED - 148 TRAVERSE DE LA MARTINE - PARC TERTIAIRE DE LA VERRERIE – BAT B2 - 13011 MARSEILLE • FRANCE
16.2 A response to the complaint will be provided within 30 business days by mail if the Client expressly requests it. If, after this period, the Client is not satisfied, they may submit a second request by registered letter with acknowledgment of receipt. The processing of this request will not exceed one month from the date of receipt of the notification. In all correspondence, whether electronic or postal, addressed to the Company, the Client agrees to include their full name, company name, email address, the subject of their request (attaching a copy if applicable), and their identifier to allow for identification and processing of their requests. Any incomplete request will not be processed by the Company.
17. Disputes – applicable law
17.1. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Company is a member of the FEVAD (French Federation of E-commerce and Distance Selling) E-commerce Mediator Service, whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After consumers have first contacted the Company in writing, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, please visit this website : www.mediateur-conso.cmap.fr
Mediation does not apply in the following cases:
disputes between professionals;
complaints made by the Customer to the Company's customer service or direct negotiations between the Customer and the Company (but a prior complaint from the Customer to the Company is nevertheless necessary to refer the matter to the mediator);
attempts at conciliation or mediation ordered by a court hearing the dispute;
proceedings initiated by the Company against the Client.
Before initiating any mediation, the Customer must submit a written complaint directly to the Company. Their mediation request cannot be examined by the consumer mediator until they provide proof of having taken this step. The mediation request must then be submitted within one year of this written complaint, otherwise it will be inadmissible.
A dispute cannot be examined by the consumer mediator when:
the request is clearly unfounded or abusive;
the dispute has been previously examined or is currently being examined by another mediator or by a court;
the dispute does not fall within its area of competence;
If one of these cases applies, the mediator must inform the Client of the rejection of their request within three weeks of receiving their file.
In the event of exercising the right to resort to mediation, the Company will inform the Client of the consumer mediation system in place.
17.2. If mediation is unsuccessful (where applicable), all disputes arising from these General Terms and Conditions and/or the resulting purchase and sale transactions, concerning their validity, interpretation, performance, termination, consequences, and subsequent effects, shall be submitted to the competent courts under the ordinary rules of law. In the event of a dispute with professionals and/or merchants, the Commercial Court of Marseille shall have sole jurisdiction, subject to any mandatory legal provisions conferring jurisdiction on another court.
17.3. These General Terms and Conditions and the resulting purchase and sale transactions are exclusively subject to French law.
18. Pre-contractual information - Customer acceptance
Prior to the conclusion of the sales contract, the Customer was provided with the information and details required by the Consumer Code, and in particular:
the identity of the Company (company name, geographical address of the establishment, telephone number, email address, VAT number);
the essential characteristics of the Products offered, to the extent appropriate to the communication medium used and the services concerned;
the total price of the Products, including all taxes or, where the price cannot reasonably be calculated in advance, the method of calculating the price and, if applicable, any additional charges or, where these charges cannot reasonably be calculated in advance, a statement that these charges may be payable;
the date or period within which the Company undertakes to deliver the Products;
the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L 217-1 et seq. of the Consumer Code, of the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code;
the terms of payment, delivery and execution of the contract, as well as the procedures established by the professional for handling complaints;
the possibility of using a consumer mediator.
The Customer acknowledges that placing an order on the Website implies full and complete acceptance of these Terms and Conditions.
We inform the Customer of the possibility of registering on the telephone marketing opt-out list via the device BLOCTEL (article L.223-2 of the consumer code ).