General Terms and Conditions of Sales (GTCS)
Article 1 - definitions
The terms below used in these general conditions of sale, both in the plural and in the singular, shall have the following meaning
Customer: any natural person of legal age, with the capacity to contract and having the status of consumer within the meaning of the preliminary article of the Consumer Code, who orders Products on the Website for non-professional purposes under the conditions defined below.
General Terms and Conditions of Sale or GTCS: the present general terms and conditions applicable between Le Domaine Skincare and the Customer, which the Customer declares that he/she accepts when ordering Products, and which govern the use of the Website and the sale of Products.
Le Domaine Skincare: the company Le Domaine, a limited liability company with a share capital of 5,0000 euros, registered in the Avignon Trade and Companies Register under the unique identification number 902 293 505 00019, with its registered office at 2321 Route de Jonquières, represented by its President, Marc Perrin, Intracommunity VAT number FR 79 902 293 505, which has designed and operates the Internet Site through which it offers and sells the Products to Customers
Product: any product offered for sale by Le Domaine on the Website, particularly cosmetic products.
Website: infrastructure accessible at www.le-domaine.com owned and operated by Le Domaine. The Website is hosted by Shopify Corporation 150 Elgin Streetn 8th Floor, OTTAWA, ON K2P 1L4 CANADA
Article 2 - Purpose and application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale define the rights and obligations of Le Domaine Skincare and the Customer applicable to the sale of the Products, which the Customer accepts by ordering the Products on the Website.
The unreserved acceptance of these General Terms and Conditions of Sale shall consist in the fact that the Customer ticks the corresponding box. These General Terms and Conditions of Sale are permanently accessible on the Website, in a computer format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them.
The Domain reserves the right to modify the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale will be the conditions in force and accepted by the Customer at the time of the order.
Article 3 - Ordering products on the le-domaine.com website
The Products offered on the Website are intended for sale to individuals only. Companies, associations and all other profit-making or non-profit-making organisations must contact Le Domaine at the following address: firstname.lastname@example.org
Creation of an account: the order implies the creation of an account by the Customer, at any time by clicking on "Connection" and create an account or at the latest when placing the order.
The Customer undertakes to provide accurate information. The provision of false information by the Customer, which makes it impossible for Le Domaine to carry out its obligations, in particular the delivery of the Products, shall not engage the responsibility of the latter for this fact.
The account will be accessible thanks to the connection identifiers (e-mail address and password) chosen by the Customer at the time of registration. The Customer acknowledges that his login and password are strictly personal and confidential. Consequently, he/she shall not communicate or share them with third parties. For security reasons, the Customer is recommended to choose a strong password in accordance with the applicable standards (8 characters, with upper and lower case, numbers and special characters). In the event of suspected fraudulent use of their login details, the Customer must immediately inform Le Domaine.
The customer account allows the Customer to manage their information and addresses, order history, credit notes and possible discount vouchers, wish lists, to manage their personal data and to view their reviews.
Selection of Products: in order to place an order via the Website, the Customer must select the Products he/she wishes to purchase by adding them to the basket.
In accordance with Articles L111-1 et seq. of the French Consumer Code, the characteristics of the Products are detailed on the pages of the Website relating to each Product.
When selecting Products, the Customer may also add Products to his/her wish list (provided that he/she is logged in to his/her account) and compare Products by using the features provided for this purpose.
The Customer's attention is drawn to the fact that the shopping cart or the wish list are only intended to list the Products chosen by the Customer and in no case to make them unavailable to other users. The Products will only be reserved and the price updated at the time of validation of the order.
Once the selection of Products has been completed, the Customer may click on "Checkout" or go to the "Shopping Cart" tab to finalise his/her order.
Ordering the Products: the Customer will be redirected to the shopping cart with a summary of the selected Products, the price and the delivery costs. The Customer will have the possibility to modify the quantities of Products or to remove a Product from the basket or to enter a promotional code. They can finalise their order by clicking on Order.
Unless he is already connected, the Customer must create an account or connect if he already has one. Then, they must provide their address (delivery and billing address if different). Then, the Customer will choose their delivery method among those proposed and proceed to payment.
The Customer will be asked to accept the GTC and to check the information provided, the Products and the price, and then to click on "Order with payment obligation".
The Customer will receive a confirmation e-mail with the details of their order.
The order will only become firm and definitive after payment of the price.
The Domaine reserves the right to cancel any order from a Customer with whom there is a dispute over payment of a previous order.
Furthermore, as a member of a selective distribution network, Le Domaine sells the Products on the Website only at retail level and to final consumers. Consequently, it is forbidden to sell, buy or receive a gift of the Products for the purpose of resale outside our networks, particularly on Internet sites. Furthermore, any order that clearly does not correspond to a retail sale, and more particularly if the quantities of Products ordered are abnormally high for buyers with the status of consumers, and more generally, any fraudulent order, may be cancelled.
Product availability: The Domaine undertakes to honour orders received only within the limits of available stocks.
If the Product is not available, particularly if the Product has become unavailable between the time the order was placed and the time the payment was received, Le Domaine will inform the Client within 48 working hours, indicating the time required to obtain the Product. If the order includes several Products, it may be delivered in several instalments without incurring additional costs for the Client. At the Customer's request, the order may be cancelled to the extent of the missing Products with a refund by bank transfer.
Promotional offers: all promotional offers will only be valid if the following conditions are met at the same time: limit of the validity period of the offer in question and available stocks.
Article 4 - Price and payment of the price
Price: The price of the Products displayed on the Website is the current price list and is understood to be in euros, dollars or pounds and includes all taxes. In addition to the price of the Products, delivery costs are added for each order, the amount of which is indicated in the basket and the order summary.
The sale prices of the Products are freely determined by Le Domaine and may be modified at any time. The applicable price will be that of the day of the order.
In the event of a change in the VAT rate, Le Domaine will automatically apply the new rate to the order. The prices of the products do not include shipping costs, but they will be displayed in the basket at the time of the final validation of the order.
Payment: the payment methods are indicated on the "Payment" page of the Website and when the order is placed.
The price is payable in cash when the order is placed, by credit card, via the secure area of the establishment in charge of collecting the price on the page provided for this purpose.
The Customer guarantees that he/she is fully entitled to use the means of payment he/she is using and that he/she has sufficient funds to cover the costs of the order. Any bank charges related to credit card payments are the responsibility of the Customer. Under no circumstances may Le Domaine be held responsible for the fraudulent use of the Customer's bank card or bank account, unless the Customer is at fault.
Article 5 - Delivery
The Products are only sold to Customers whose delivery address is located in the countries indicated in the drop-down menu on the home page. The Products are delivered by national and international carriers
An order can only be associated with one postal address. To send several Products to several addresses, the Customer must place a separate order for each of the addresses concerned.
Delivery takes place within the indicative time indicated below (indicated in working days):
- Europe: 1 to 4 days
- America: 1 to 3 days
- Asia: 2 to 4 days
- Oceania: 2 to 4 days
Territories that are difficult to access may have additional delays of up to 3 days
In addition to this delivery time, there is a preparation time of 1 working day for the order
The Customer can track his or her order at any time from the e-mail received when the order was dispatched or in case of difficulty by sending an e-mail to email@example.com.
Any delay in delivery beyond the delivery deadline and not due to a case of force majeure, may result in the cancellation of the sale at the initiative of the Customer by sending a registered letter with acknowledgement of receipt. In accordance with article L216-2 of the French Consumer Code, the sale will be considered as cancelled upon receipt by Le Domaine of the Client's letter informing it of his decision to cancel the sale, if delivery has not taken place in the meantime. In the event of cancellation, Le Domaine will reimburse the Client for the sums paid as soon as possible and, at the latest, within 14 (fourteen) days of receiving the registered letter with acknowledgement of receipt.
In the event of the package being returned due to the Customer (e.g. wrong address), the Customer will have to pay the associated costs (storage and/or reshipment costs).
Receipt: If the package delivered by the carrier is in poor condition and if Products are missing, the Customer is recommended to refuse the package and to express reservations on the delivery note so that the guarantee offered by the carrier can be applied. The Client must inform Le Domaine as soon as possible in writing so that Le Domaine can investigate with the carrier. The Client's attention is drawn to the fact that receipt of the parcel without reservations extinguishes any action against the carrier for damage or loss if, within three days, excluding public holidays, following receipt, the damage or loss has not been notified by registered letter..
Article 6 - Withdrawal and returns
In accordance with the provisions of article L 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days to exercise his/her right of withdrawal and to return, at his/her own expense, the Products he/she has ordered for whatever reason. This period runs from the day of receipt of the Products by the Customer, the dated delivery note being proof of this. Withdrawal may be made by sending a request to Le Domaine on plain paper or by using the standard withdrawal form attached to these General Terms and Conditions of Sale.
The Customer is requested to return the Products in their original unopened packaging, accompanied by the delivery note and/or order form to certify that the Products were purchased via the Website and, ideally, a letter explaining the reason for the refusal (optional, solely for reasons of traceability).
The Product(s) must be returned to Le Domaine at the following address within fourteen (14) days of the date on which the Customer's right of withdrawal was exercised. The costs and risks associated with the return of the Products shall be borne by the Client:
At SKIPPER Logistique
Rue du commandant Cousteau
ZI La Motte
After receipt and verification of the Products, Le Domaine will reimburse the Client for the amount of the Products returned within a maximum of 14 (fourteen) days from receipt of the Products (or proof of shipment of the Products by the Client), by the same means of payment as the one used by the Client for the purchase of the Products, unless otherwise agreed, or, at the Client's choice, an exchange of Products or a credit note corresponding to the amount of the Products returned.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature and characteristics of the Products, Le Domaine may request the Customer to pay compensation corresponding to this depreciation.
The Client's attention is drawn to the fact that, in accordance with article L221-28 of the French Consumer Code, he/she may not exercise his/her right of withdrawal if the Products have been unsealed after delivery and cannot be returned for reasons of hygiene and health protection.
Article 7 - Guarantees
The Products offered comply with the legislation in force and the standards applicable in France and in the Shengen area. The packaging and instructions for use are in French and English.
Given the nature of the Products, the guarantee may be excluded in the event of a lack of conformity or hidden defect resulting from abnormal use, poor storage or modification of the Products.
In the event of a defect in the Product, the Customer undertakes to return the Product in its original packaging, with any notices, documentation or accessories, to the following address
At SKIPPER Logistique
Rue du commandant Cousteau
ZI La Motte
If the defect of the Product is confirmed, the shipping costs will be reimbursed to the Customer according to the rates applied by Colissimo. The Customer will be asked to provide a copy of the shipping receipt with the rate and tracking number. If the Customer fails to do so, the shipping costs and any re-shipment costs will be borne by the Customer.
In addition, the Client undertakes to return, from the time of receipt of an e-mail alert, at the expense of Le Domaine, all Products that Le Domaine may ask the Client to return (in particular in the event of withdrawal of the Product by the manufacturer, by the health authorities, etc.). The Product will then be exchanged for another or equivalent one or reimbursed to the Client at the Client's discretion.
Article 8 - Liability
Responsibilities of the Domaine: the Client acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole.
The Domain has taken all reasonable precautions to ensure that all Products are correctly described. Nevertheless, although Le Domaine attempts to present accurate photographs of the Products on the Website, the colours that the Customer sees will depend on the computer screen used and the display configurations and Le Domaine cannot therefore guarantee that the photographs correspond exactly to the Products (details, colours). Consequently, the photographs, information and visuals of the Products presented on the Website are given for information purposes only and Le Domaine cannot be held responsible if the characteristics of the Products differ in a non-substantial way from the visuals present on the Website.
Le Domaine shall not be held liable in the event of a breach of its obligations due to a case of force majeure, an unforeseeable or insurmountable act of a third party to the contract or attributable to the Client. The responsibility of Le Domaine can only be retained for direct damage.
Customer's responsibilities: the IT (hardware, software) and communication resources enabling access to and use of the Website are at the expense and under the responsibility of the Customer.
Furthermore, the Customer is responsible for the content that he/she shares on the Website in the context of writing reviews. In this respect, he/she undertakes to comply with the regulations in force and the rights of third parties, and to guarantee and compensate Le Domaine for direct damage resulting from a fault on his/her part.
Article 9 - Intellectual property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Website and all the elements, trademarks, designs, models, logos, graphics, photographs, texts, etc. found on it as well as their compilation are the exclusive property of Le Domaine or the holder of the intellectual property rights concerned, the latter not granting any licence or any other right than that of consulting the site.
The reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under intellectual property law, unless prior written authorisation is obtained from Le Domaine.
Furthermore, Le Domaine reminds the Customer that any creation of a hypertext link to the home page or any other page of the Website is subject to its express, prior and written agreement.
The Client undertakes not to directly or indirectly harm Le Domaine, the Website or the rights of Le Domaine.
Article 10 - Applicable law and disputes
The sales contract between Le Domaine and the Customer is concluded in French and these General Terms and Conditions of Sale are subject to French law.
In the event of a dispute between Le Domaine and the Customer concerning the validity, execution, non-execution or interpretation of these General Terms and Conditions of Sale or, more generally, the relationship between Le Domaine and the Customer, the latter may :
- Send his or her complaint to The Domain, which will respond as soon as possible
- Resort to a mediation procedure or any other alternative dispute resolution method
- Or refer the matter to one of the competent courts. In particular, the consumer may refer the matter either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the court in the place where he or she lived at the time the contract was concluded or the harmful event occurred.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal proceedings.
Article 11 - Miscellaneous provisions
If any of the non-essential clauses of these General Terms and Conditions of Sale should prove to be null and void or inapplicable by virtue of a law or regulation or following an enforceable decision by a court or competent authority, the parties expressly agree that the present contract shall not be affected by the nullity of the aforementioned clause.
The failure of either party to require at any time the strict performance by the other party of any provision or condition of these General Terms and Conditions of Sale shall not be deemed to constitute a final waiver of such provision or condition.
last update : 21/09/2022