General terms and conditions of sale | Pachamamai

General terms and conditions of sale

 

Please read these Terms and Conditions of Sale and the Terms and Conditions of Use of www.pachamamai.comcarefully.

You can also download this document here.

1. GENERAL

The following terms and conditions shall apply to all sales of Nahé Cosmétiques products ("Products") that you (the "End Customer" or "you") may order from Nahé Cosmétiques, a cooperative and participative company operating as a limited liability company, whose registered office is located at Ferme de la Lendemaine, Rue des Fonds d'Armenon, 91470 Les Molières (France) and registered with the RCS under No. 812 760 536 ("Nahé" or hereinafter "we" or "our") either (a) by telephone (+33 (0)1 69 92 19 36) via the Nahé Cosmétiques customer service department, or (b) by e-mail (+33 (0)1 69 92 19 36) via the Nahé Cosmétiques website. 812 760 536 (" Nahé " or hereinafter " we " or " us ") either(a) by telephone (+33 (0)1 69 92 19 36) via the Nahé Cosmétiques customer service department (the " Nahé Customer Service Department") from Monday to Friday from 10:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:30 p.m. (Paris time) ;

or(b) on the Internet via the Nahé Cosmétiques website, identified under the domain name pachamamai.com, the "Website").

These General Terms and Conditions of Sale apply exclusively to sales made through the Website. Sales made through authorised NAHE COSMETIQUES retailers are not governed by these General Conditions of Sale.

NAHE COSMETIQUES may modify these General Terms and Conditions of Sale at its sole discretion. The General Terms and Conditions of Sale applicable to any order placed through the NAHE COSMETIQUES Website are those in force on the date on which an order was placed.

In the case of an order placed through the Website, when you click on the box "I have read the General Terms and Conditions of Sale and I accept them unreservedly" in the order confirmation section of the Website before sending your order to NAHE COSMETIQUES, you indicate your full acceptance of these General Terms and Conditions of Sale.

In any case, the main clauses of these General Terms and Conditions of Sale will be written on the back of your invoice.

If you do not accept these Terms and Conditions, you may not order NAHE COSMETIQUES Products on the Website.

Persons wishing to use the Website shall also be deemed, by virtue of their use, to have agreed to be bound by our Website Terms of Use and Privacy Policy, which are incorporated into these Terms and Conditions by reference.

2. CONDITIONS OF PURCHASE

Only persons who (a) have reached the age of majority (eighteen years), (b) have the legal capacity to enter into contracts and (c) have a delivery address outside Australia, Asia and Africa may order Products from the Website.

If you are under the age of majority or for any other reason do not have the legal capacity to enter into contracts, one of your parents or guardians must place your order on your behalf, thereby agreeing to these Terms and Conditions.

Any order placed in violation of this article will be considered null and void.

By placing an order on the Website, you represent and warrant that you are a bona fide end customer and that you will not deliver, sell or otherwise distribute NAHE COSMETIQUES Products, nor purchase NAHE COSMETIQUES Products for commercial purposes or any other commercial purpose.

NAHE COSMETIQUES may refuse an order for legitimate reasons, for example if NAHE COSMETIQUES has reason to believe that an order has been placed in violation of these General Terms and Conditions of Sale.

3. NATURE OF THE ORDERS

The presentation of the Products on our Website constitutes an invitation to submit an offer and is without obligation. The contract is formed by the customer's order (offer) and the subsequent order confirmation by NAHE COSMETIQUES (acceptance). NAHE COSMETIQUES is not obliged to accept the order.

4. AVAILABILITY AND QUANTITY OF PRODUCTS

Our Products and their prices are valid as long as they are visible on the www.pachamamai.com website, within the limits of available stocks and the consent of NAHE COSMETIQUES. Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders of the same product by several customers.

 

NAHE COSMETIQUES reserves the right to modify the range of items offered on the Website and may, in particular, limit the quantity of NAHE COSMETIQUES Products that may be ordered by a Customer during a single purchase.

In any case, orders are in any case limited as follows:

  • Products: orders may not include more than 15 products in total in a single purchase transaction on the Website and may not include more than one order per month

For an order of more than 15 Products, you must contact NAHE COSMETIQUES Customer Service directly and payment can only be made by bank transfer and delivery will only be made once the order has been paid in full.

Please also note thatNAHE COSMETIQUES may refuse, terminate or cancel your order if NAHE COSMETIQUES suspects attempted fraud in accordance with the provisions of Article 6 below.

The Products pages of the Website will provide you with information about the Products currently available for sale. Please note that only Products with an "Add to Cart" button can be sold on the Website. NAHE COSMETIQUES reserves the right to modify the range of Products offered on its product pages from time to time.

5. REGISTRATION, PERSONAL INFORMATION

In order to place an order on the Website, you or the NAHE COSMETIQUES representative (on your behalf) will be required to provide valid and up-to-date personal information (such as your first and last name, telephone number and e-mail address).

Once you have registered your account on the Website, you will receive an email containing the personal information you provided and a link to the "My Account" section of the Website. This link will allow you to set up or change your username, password and personal information. You are responsible for maintaining the secrecy and security of your password and access to your account at all times. NAHE COSMETIQUES shall not be liable for any fraudulent use of your account resulting from a third party accessing and using your password and account login.

We may change the information required to place a new order or to register accounts. Please see our Privacy Policy and Section 9 of these Terms and Conditions for full details of how we may use your personal information.

In the event of a change in the information provided by you on the Website, please log in to your account and update it directly on the Website or notify NAHE COSMETIQUES at the following e-mail address: contact@pachamamai.com

or in accordance with our Privacy Policy. In addition, in the event that NAHE COSMETIQUES has reason to suspect that a third party has breached a customer's registration, password and/or account login, NAHE COSMETIQUES will immediately cancel and terminate that account and notify you of the termination by email or telephone.

6. ORDERS

If you are ordering from the Website, orders will be processed in the following manner: once you have selected a Product, please click on the "Add to Cart" button to place that Product in your "Shopping Cart". You may then decide to continue shopping and add it to your Shopping Cart (subject to availability and quantity limits) or proceed to checkout by clicking on the "Proceed to Checkout" button. You can also remove one or more of the selected Products from your Shopping Cart by clicking on "Remove" next to the selected Product.

If you place an order on the Website, you will be asked to provide other personal information (shipping address, billing address and payment details) as appropriate. You warrant that all personal information provided to NAHE COSMETIQUES is true and accurate. NAHE COSMETIQUES or its third party service providers may collect additional personal information at this time for security and fraud prevention purposes.

Notwithstanding anything to the contrary herein, NAHE COSMETIQUES reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example, NAHE COSMETIQUES may refuse, cancel or terminate your order if there is an outstanding dispute regarding the payment of a previous order or if NAHE COSMETIQUES suspects attempted fraud or any other kind of violation of these Terms and Conditions.

7. PRICES, TAXES AND DELIVERY CHARGES

All prices indicated on the Product pages of the Website are in Euros, VAT applicable at the legal rate in force in France, excluding delivery costs and all other taxes, unless otherwise stipulated.

In the case of a purchase made by a Customer usually residing outside the European Union and delivered outside the European Union, the final price indicated on the invoice is in euros excluding VAT applicable at the legal rate in force in France.

When you order products on our site for delivery outside the European Union, you may be subject to import duties and taxes, which are collected when the package arrives at its destination.

Any additional costs for customs clearance will be charged to you; we have no control over these costs.

Customs policies vary greatly from country to country, so you should contact your local customs office for more information.

Furthermore, please note that when you place an order on our site, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products.

Your privacy is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries may be opened and inspected by customs authorities.

 

NAHE COSMETIQUES reserves the right to change prices and delivery charges at any time without notice. The price of a Product and the delivery charges displayed on the Website, at the time NAHE COSMETIQUES provides you with an Order Confirmation, shall apply.

Delivery charges and applicable VAT will be displayed on your order page before you are asked to send it to NAHE COSMETIQUES (in the case of an order placed on the Website). Delivery charges are described, where applicable, in the delivery policy below.

Please note that if there is a change in the applicable VAT rates between the date your order is sent to NAHE COSMETIQUES and the date NAHE COSMETIQUES is ready to dispatch it, we will contact you to ask you to reconfirm your order. If you do not instruct NAHE COSMETIQUES to do so, NAHE COSMETIQUES will cancel the order and notify you of the cancellation.

8. VERIFICATION AND CONFIRMATION BY THE CUSTOMER

The ordering process on our Website allows you to check orders and correct any errors before we confirm your orders and send them to you. We recommend that you carefully check all details of an order before sending it through the Website, including, without limitation, information specific to each sale.

Once you have fully checked your offer to purchase, please click on the box next to the words " I have read the General Terms and Conditions of Sale and I accept them without reservation" to indicate your acceptance of these General Terms and Conditions of Sale and then on the "Order" button to send your order.

By submitting an order, you are submitting to NAHE COSMETIQUES an offer to purchase the Products placed in your Shopping Cart.

 

9. MEANS OF PAYMENT

NAHE COSMETIQUES accepts the following payment methods: Carte Bleue, Visa, MasterCard and American Express as well as through PayPal and Stripe platforms, featuring billing addresses outside Australia, Asia, Africa. We also accept Visa International, MasterCard and American Express.

If you order on the Website, you will be asked to enter your payment details on the appropriate form.

NAHE COSMETIQUES does not store your credit card number and security code. Please see our Privacy Policy for details of how and for how long we may use or retain your personal information and recordings of conversations.

All payment cardholders are subject to validation checks and authorisation procedures by the card issuer. If your payment card issuer refuses to authorise payment to NAHE COSMETIQUES, you should contact the issuer directly to resolve the issue, and NAHE COSMETIQUES will not be responsible for any delay or non-delivery.

In order to process your order, we may require prior authorisation of your payment card. The amount of your purchase will be held on your payment card until your order is shipped to the shipping address provided to NAHE COSMETIQUES, at which time an Order Confirmation will be sent to you and your payment card will be debited for the applicable purchase price. By submitting an offer to purchase NAHE COSMETIQUES Products on the Website you expressly authorise NAHE COSMETIQUES to carry out the payment card pre-authorisation transaction and, if NAHE COSMETIQUES deems it necessary, to transmit or obtain information (including updated information) about you to or from third parties, including but not limited to your payment card number, in order to authenticate your identity, validate your payment card, obtain initial payment card authorisation and authorise individual purchase transactions.

NAHE COSMETIQUES takes precautions - administrative, technical and physical - to protect your personal information from loss, theft or misuse, as well as from unauthorised access, disclosure, alteration and destruction. NAHE COSMETIQUES uses Secure Sockets Layer (SSL) Internet security encryption only in the ordering process and the "My Account" section. Unfortunately, the transmission of information via the Internet is not completely secure.

We will do our utmost to protect your Personal Information throughout the online sales process, but we cannot guarantee the integrity and security of the data you provide on the Website and cannot be held responsible for any damage or loss arising from the use of the Internet, for example, in the event of hacking, the existence of a Trojan horse or a computer virus. For further information on how we use and protect your personal information, please see our Privacy Policy.

 

In order to secure your transaction and to prevent fraud, NAHE COSMETIQUES will carry out a verification of your payment card and an anti-fraud control. By placing your order, you will be deemed to have authorised NAHE COSMETIQUES to carry out these checks and, if NAHE COSMETIQUES deems it necessary, to occasionally transmit or obtain information you have provided to NAHE COSMETIQUES about yourself in order to authenticate your identity, validate your payment card, obtain an initial payment card authorisation and authorise a particular purchase transaction.

10. ACKNOWLEDGEMENT OF RECEIPT OF YOUR ORDER

Once you have placed your order on the Website, you will receive an Order Acknowledgement email with the details of your order.

The Acknowledgement of Receipt of Order will contain an Order Reference Number allocated by NAHE COSMETIQUES. Please keep this Order Reference Number, which is useful for any subsequent request or search for information regarding your order. This Acknowledgement of Receipt is not an acceptance of the order. After the transmission of the Acknowledgement of Receipt of the order, NAHE COSMETIQUES will proceed with the usual security and anti-fraud checks and will then process the order.

11. CONFIRMATION OF ORDERS BY NAHE COSMETICS

Upon dispatch of the Products ordered, after having carried out its anti-fraud and security checks, NAHE COSMETIQUES will send you an Order Confirmation by email. The Order Confirmation constitutes the acceptance of your order by NAHE COSMETIQUES, thus creating a legally binding sales contract.

12. DELIVERY

We only accept orders with shipping addresses outside of Africa. Please note that NAHE COSMETIQUES does not ship to P.O. Box or military addresses.

The delivery costs are as follows:

 

  • 5.9 € for deliveries in metropolitan France and Monaco for purchases under 30 €, above that they are free
  • 12 € in the European Union for purchases under 60 €;
  • 20 € for shipments to other countries

For the delivery time of a parcel, please take into account the time for payment approval, address verification and order processing. Once the order has been processed and is ready for dispatch, we will send you an Order Confirmation by email. By means of a DHL or Colissimo tracking number, you will be able to keep track of your order by logging into your order history in your account.

We will do our best to meet the estimated delivery times from the date of your order confirmation:

  • Metropolitan France: 48 hours according to the indicative times given by the post office (Colissimo suivi).
  • European Union: between 4 and 6 working days according to the indicative times given by the post office or by DHL.
  • Rest of the world: delays vary according to each destination, they will be indicated for a given country on request

Saturdays and Sundays are not considered ordinary working days for the purpose of assessing delivery times.

NAHE COSMETIQUES insures purchases during transit and until delivery. We require the signature of a person of legal age confirming your receipt of each NAHE COSMETIQUES Product delivered, at which point responsibility for the Products purchased passes to you. If you have specified a recipient other than yourself for delivery (for example, if it is a gift), you understand and agree that a signature by such recipient (or a signature given at such address) shall constitute proof of delivery and discharge of the contract of sale by NAHE COSMETIQUES, implying a transfer of responsibility to the recipient's address as if the Product had been delivered to you in person.

14. INVOICES

If you order Products on the Website, you, as a Customer, will be able to download the invoice available in the "My Account" section of the Website. You can also request an invoice from us which we will send to you by email.

15. RIGHT OF WITHDRAWAL - RETURN POLICY

Without in any way limiting your rights under French law, and in order to facilitate the returns procedure, a Customer (and not the Recipient of a gift) may return NAHE COSMETIQUES Products in accordance with the returns and exchanges policy below.

Information about your right of withdrawal and an explanation of how to exercise it may also be included in the Order Confirmation.

15.1. Time limit for return

The Customer has the right to cancel the contract and explicitly inform NAHE COSMETIQUES that he/she does not wish to keep a NAHE COSMETIQUES Product purchased on the Website or through the NAHE COSMETIQUES Customer Service within fourteen (14) days from the date on which the Customer, or a person or his/her representative(s), takes possession of the Product, in accordance with applicable law and the conditions set out below (the "Return Period"). No returns will be accepted by NAHE COSMETIQUES beyond this period.

15.2. Return procedure

 

Products purchased on the Website or through the NAHE COSMETIQUES Customer Service can be returned to the NAHE COSMETIQUES Returns Department at the following address

NAHE COSMETICS

The Weekend

Rue des Fonds d'Armenon

91470 Les Molières

France

but not from authorised NAHE COSMETIQUES Resellers. Products that have not been purchased on the NAHE COSMETIQUES website CANNOT be returned to the NAHE COSMETIQUESReturns Department

In addition, any opened product will not be refunded.

NAHE COSMETIQUES assumes the cost of returning the Product. You will ensure that the Product is sent to the correct address, is properly packaged, has the correct postage, reaches NAHE COSMETIQUES safely and is not damaged or lost in transit. NAHE COSMETIQUES also recommends that you insure the Product against the risk of damage or loss up to the full value of the Product.

The Customer shall return the Products to the NAHE COSMETIQUES Returns Department without delay, and at the latest 14 (fourteen) days after having explicitly informed NAHE COSMETIQUES that he/she does not wish to keep the Product. Any failure to do so may delay the refund to which the Customer is entitled.

Failure to return the box or special packaging to NAHE COSMETIQUES in good condition will result in NAHE COSMETIQUES withholding the corresponding value from the refund

The Customer must keep proof of the return shipment, and NAHE COSMETIQUES accepts no responsibility in the event that you are unable to provide proof. Only goods received by the NAHE COSMETIQUES Returns Department will be eligible for a refund.

Upon receipt of a return, NAHE COSMETIQUES will verify that the returned Product meets the conditions of the return policy and will then proceed with the refund.

15.3. Return of a product after withdrawal

The Products will be returned in new and perfect condition with all protections and labels in place, as well as any security features and stickers attached to them, and subject to the Quality Control and Functional Tests set out below. You must take care of the Product when examining it. In case of deterioration of the Product, compensation will only be claimed if the deterioration has been caused by use beyond the limits of what is necessary to establish the nature, characteristics and proper functioning of the Product. In order to establish the nature, characteristics and proper functioning of the Product, the Customer shall only handle and inspect the Product in a manner that would also be permitted in a shop.

Any failure to return the original NAHE COSMETIQUES box or the special packaging in good condition will entitle NAHE COSMETIQUES to withhold the corresponding value from the refund amount.

All returns will be subjected by NAHE COSMETIQUES to a rigorous Quality Control (QC) to ensure that the returned Product complies with the return requirements. If the checked Product does not meet the Quality Control standards, NAHE COSMETIQUES may require the Customer to pay damages.

 

The Customer will be responsible for any loss of value of the Product resulting from handling it contrary to the principles of civil law, such as good faith or unjust enrichment. Consequently, if the Product is damaged or destroyed, NAHE COSMETIQUES will deduct the cost of repair or replacement from the refund amount.

If the returned Product passes the Quality Control, NAHE COSMETIQUES will proceed with the applicable refund or exchange.

15.4. Reimbursement

In the event that a Product is returned to the NAHE COSMETIQUES Returns Department, only a Customer will be entitled to a refund.

The initial delivery costs will be refunded to the Customer.

In the event of a return to the NAHE COSMETIQUES Returns Department, in accordance with these General Terms and Conditions of Sale, NAHE COSMETIQUES will credit the amount of the refund to the Customer's payment card no later than thirty (30) days after receipt of the returned Product by the NAHE COSMETIQUESReturns Department

15.5. Exchange

The Customer may be entitled to exchange a Product purchased on the Website for another Product if the Product to be exchanged meets the conditions of the return policy.

NAHE COSMETIQUES will send the Customer an invoice specifying the value of the returned Product, the price of the Product for which the original Product was exchanged and the amount of the difference to be paid by the Customer or that which the Customer is entitled to receive, as indicated below.

If the Customer returns a Product to the NAHE COSMETIQUES Returns Department for exchange, the original Order will be cancelled and the Customer will be entitled to a refund of the price difference if the Product to be exchanged is more expensive than the desired Product, unless the Customer is charged the price difference if the Product to be exchanged is less expensive than the desired Product.

The costs and delivery times indicated in article 13 above will apply for this new shipment.

15.6. Warranty for hidden defects; Non-conforming product

15.6.1. The Products sold on the Site are subject to the conditions of the legal guarantees provided by articles L217-4 to L217-14 of the Consumer Code as well as by articles 1641 and 1648 of the Civil Code to the exclusion of all other guarantees:
- legal guarantee against hidden defects: NAHE COSMETIQUES will deliver to the customer a good free from hidden defects which would make it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. This guarantee shall only apply if the customer requests it within two years of the discovery of the defect.

15.6.2 NAHE COSMETIQUES scrupulously ensures that each Product is in strict accordance with our quality criteria and that it has passed all our checks, both technical and aesthetic.

Should you nevertheless receive a Product that you believe to be defective, you or the Gift Recipient may return it to NAHE COSMETIQUES in accordance with the returns procedure. Upon receipt, NAHE COSMETIQUES may categorise the returned Product as defective. Please note that Products damaged as a result of normal wear and tear are not considered defective.

The return of a product that is alleged to be non-compliant can only be made within 6 months of the delivery date.

After this 6-month period, you must prove that the defect existed on the day of delivery.

If NAHE COSMETIQUES concludes that the Product does not conform, you may demand that NAHE COSMETIQUES:

i) replacement with an identical Product, subject to availability;

ii) its repair (if commercially reasonable); or

iii) a full refund of the price of the Product to the Customer (and not the Gift Recipient).

NAHE COSMETIQUES may also (but is not obliged to) offer to exchange the non-conforming Product for another Product of equivalent or greater value (in the first case, subject to payment by the Customer of the price difference). This exchange will be made in accordance with the exchange rules set out in these General Terms and Conditions of Sale.

If you do not agree with NAHE COSMETIQUES ' conclusion that the Product is defective, NAHE COSMETIQUES may (but is not obliged to) conduct further testing and inspection. You will be charged for this inspection if the inspector concludes that the Product was not defective. This will not, however, affect your legal rights.

16. PRICE ACCURACY, PRODUCT DESCRIPTION

Although NAHE COSMETIQUES endeavours to check the accuracy of information published on the website, in advertisements or in a catalogue, it does not provide any guarantee, explicit or implicit, concerning the accuracy, reliability and completeness of such information. If the correct price of a NAHE COSMETIQUES product is higher than the price published on our website, then NAHE COSMETIQUES will contact the customer to obtain their instructions before shipping the order. If NAHE COSMETIQUES cannot obtain your instructions, NAHE COSMETIQUES may reject the order and notify you of this rejection.

Although NAHE COSMETIQUES endeavours to ensure that the descriptions, photographs or graphic representations of NAHE COSMETIQUES products displayed on the website or in a catalogue are as accurate as possible, NAHE COSMETIQUES does not guarantee that these or other contents are free from any error, inaccuracy, omission, obsolete item or for any other reason. Therefore, the customer's sole remedy in the event of such an error is to return the product in accordance with our return policy.

18. FINAL PROVISIONS

Entire Agreement. The Terms and Conditions of Sale (as amended from time to time), including the policies attached hereto (e.g. our Privacy Policy) constitute the entire agreement between you and NAHE COSMETIQUES with respect to your purchase of NAHE COSMETIQUES Products from the Website, and supersede any prior Terms and Conditions of Sale or any other agreement, understanding, commitment or proposal, whether written or oral, between you and NAHE COSMETIQUES with respect thereto. No oral statement or agreement of any party shall affect the interpretation of these Terms and Conditions.

Severability. In the event that any provision of the General Terms and Conditions of Sale is held by a court of law to be partially invalid or unenforceable, for whatever reason, it shall be invalid or unenforceable only to the extent that the validity and enforceability of the remaining provisions of the General Terms and Conditions of Sale shall not be affected thereby.

Applicable law. These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law.

- In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, the customer has the possibility of resorting to a conventional mediation procedure or to any other alternative dispute resolution procedure.

In accordance with the order n°2015-1033 of 20 August 2015 and the application decree n°2015-1382 of 30 October 2015, any dispute or so-called consumer litigation, subject to article L612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP - Mediation and Arbitration Centre of Paris.

To submit a dispute to the mediator, the customer may

  1. fill in the form on the CMAP website: www.cmap.fr under the "you are: a consumer" tab
  2. (ii) send the request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or
  3. send an email to consommation@cmap.fr.

Whatever the means used to refer the matter to the CMAP, the customer's request must contain the following elements in order to be dealt with rapidly: his postal, email and telephone contact details as well as the full name and address of NAHE COSMETIQUES, a succinct statement of the facts, and proof of prior contact with NAHE COSMETIQUES.

In the event of a dispute relating to the execution of an order, if you are a final consumer and a natural person, you have the possibility of resorting free of charge to a conventional mediation procedure or to any other alternative dispute resolution procedure.

You may, if you wish, use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013.

The platform can be accessed at https://webgate.ec.europa.eu/odr/.

The use of mediation is an alternative mechanism which is not a prerequisite for legal action.