Terms and conditions

Terms of Sales

 

Article 1 – Definitions

These General Conditions of Sale (hereinafter the “CGV”) are offered by the company LA MAGIE DE BÉBÉ , under number 982575144 and whose head office is located in Manche . (hereinafter “ BABY’S MAGIC ”).

We will subsequently designate:

“Site”: the site “ https://lamagiedebebe.com ” and all of its pages, the exclusive property of the Company.

“Products” or “Services”: all products (materials) and services (services) that can be purchased or subscribed to on the Site.

“Seller”: LA MAGIE DE BÉBÉ , legal or natural person, offering its Products or Services on the Site.

“Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity

The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these General Terms and Conditions carefully, to print them and/or to

save on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the General Terms and Conditions and accepts them in full.

Article 2 – Application of the General Terms and Conditions and purpose of the Site

The Seller reserves the right to modify the General Terms and Conditions at any time by publishing a new version of them on the Site.

The General Terms and Conditions applicable to the Customer are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of cosmetic waxing products as well as accessories.

The Site is freely accessible to all Customers. The acquisition of a Product or Service implies acceptance, by the Customer, of the entirety of these General Terms and Conditions, who at the same time acknowledges having read them fully. This acceptance may consist for example, for the Customer, of checking the box corresponding to the sentence of acceptance of these General Terms and Conditions, having for example the words “I acknowledge having read and accepted all of the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these General Terms and Conditions presupposes on the part of the Customers that they have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.

The Customer recognizes the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

Any Order for Products implies unreserved acceptance by the Customer and full and complete adherence to these General Conditions of Sale which take precedence over any other document: catalogs, advertisements, notices, unless the Company has expressly agreed otherwise.

Article 3 – Customer service

The customer service of this Site is accessible by email at the following address: “ contact@lamagiedebebe.com ” by form or by post to the address indicated in the legal notices. The Customer must indicate in the e-mail his first name, last name, the subject of his request and the number of his Order.

For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@lamagiedebebe.com.

Article 4 – Method of subscribing to orders and description of the purchasing process

The Products and Services offered are those which appear in the catalog published on the Site. Each product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

We define below as “Basket” the intangible object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to place their order, the Customer chooses the Product(s) they wish to order by adding them to their “Basket”, the content of which can be modified at any time.

1. The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site catalog, by clicking on the “add to Cart” button. On the “Basket” page, the Customer has the possibility of checking the details of his Order and correcting any errors, before confirming it.
3. On the “Information” page, the Customer must enter their contact information. He can opt for tracking his Order by e-mail by checking the required box.
4. On the “Delivery” page, the Customer must choose the shipping method offered to them.
5. On the “Confirmation” page, the Customer must enter their bank details as well as the billing address. The Customer also has the possibility of entering a promotional code if he has one.
6. A complete summary of the Order appears. The Customer has the possibility of modifying all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, the Products and contact information.
7. The sale is validly formed when the Customer has confirmed the Order by clicking on the “Finalize my order” button, has accepted the General Conditions of Sale, and has made payment according to the terms he has chosen. , subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of cash payment of the total price including tax duly recorded.

Article 5 – Price and payment terms

Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

LA MAGIE DE BÉBÉ reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can pay by credit card, Bancontact, Apple Pay or Paypal. Payments by credit card are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by bank transfer, the delivery times defined in the “Deliveries” article of these General Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof thereof. by all means. The availability of Products is indicated on the Site, in the description sheet of each Product.

LA MAGIE DE BÉBÉ will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world. The delivery times indicated when ordering are for information purposes only and remain dependent on possible delays in postal services or other special cases preventing delivery (events, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares itself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Customer Consumer.

When delivering by hand, the customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. When delivered to a letterbox, the customer undertakes to immediately check the package and to contact LA MAGIE DE BÉBÉ support if they notice any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him what action to take on his order. If the Customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment. Postal costs must be paid even for orders for which shipping costs were free when ordering.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, that is to say if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product to exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a false maneuver by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of indication of date or time when ordering, greater than thirty (30) days from the date of delivery. conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make delivery he has not complied . The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in his mailbox despite its tracking number indicates that it is “delivered”, customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to guarantee the Customer's satisfaction by proposing, in particular, the immediate return of the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product in their order to withdraw. He will be required to return any product that does not suit him and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from receipt by LA MAGIE DE BÉBÉ of the refund request.

The Product must be returned in perfect condition, in a blister pack and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to LA MAGIE DE BÉBÉ . It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.

It is recommended that the Customer make the return using a solution allowing tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter.

The reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless expressly agreed by the Customer for the Seller to use another method of payment, and to the extent that the reimbursement does not cause any costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not previously taken place. .

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with article L121-17 of the Consumer Code (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of :

BABY'S MAGIC - 01 RUE DE MALSOEUF, 50620 SAINT JEAN DE DAYE

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

Order number :

Last name First Name :

Telephone number:

E-mail address :

Address :

Reason for complaint:

• Exchange* (mention the desired product)
• Reimbursement* (attach a complete RIB with IBAN and BIC mentioned)

Signature of the Client(s) (only if this form is notified on paper):

Date :

(*) Delete what is unnecessary.

Article 8 – Product Warranty

Legal provisions to reproduce

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

The Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product.

However, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.

Article 9 – Liability

The Seller LA MAGIE DE BÉBÉ cannot be held responsible for non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning the Products purchased, the Seller will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, damage or costs, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows withdrawal, according to the article L 121-21 of the Consumer Code.

The Customer expressly agrees to use the Site at his own risk and under his exclusive responsibility. In any event, LA MAGIE DE BÉBÉ cannot under any circumstances be held responsible for:

• any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
• a malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser little used by the Customer;
• the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 10 – Force majeure

In accordance with article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations completely impossible.

The occurrence of a case of force majeure will automatically suspend execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this case, neither party will be able to claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights and patent rights. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property unless prior authorization is given.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.

Any Customer who is guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion constituting him any damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the Seller or his agent.

The brands and logos contained in the Site may be registered by LA MAGIE DE BÉBÉ , or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, disseminations and rebroadcasts incurs the sanctions provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

1. The Company collects Customer data:
2. a) for the purposes of processing and tracking the Customer's Order on its Site; (and or)
3. b) for the purposes of being able to contact you about various events relating to the Company, including in particular updating the Products and customer relationship management; (and or)
4. c) for the purposes of collecting information allowing us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers who are responsible for the packaging and distribution of the Products ordered as well as by the hosting provider the company Shopify Inc. whose servers are secure and protected by a security barrier. fire.

The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which cannot in any case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR) , the Customer benefits from a right of access, modification, rectification, deletion or opposition for legitimate reasons, to his data.

The Customer can exercise his rights by e-mail to contact@lamagiedebebe.com .

Article 13 – Comments and other user proposals

If Customer sends any ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), whether requested by Company or otherwise, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that the Client sends to it.

The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

The Company may monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or criminally objectionable, or which violates any intellectual property or these Terms of Service. Sale.

Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer undertakes not to write in his comments any illegal, defamatory, offensive or obscene content, and that they will not contain any computer virus or other malicious software which could affect the operation of the Site or other associated websites. The Customer agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for his published comments and their accuracy. The Company assumes no responsibility and declines any commitment with regard to comments published by the Client or third party.

Article 14 – Independence of clauses

If any provision of the T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of any remaining provisions.

These General Terms and Conditions replace all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the T&Cs and any notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these General Terms and Conditions must be drawn up in the French language.

Article 15 – Applicable law and mediation

The General Conditions of Sale are subject to the law of Estonian law.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or opposed, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and does not exempt the Customer from the performance of its contractual obligations.

Compensation

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, caused by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms or your breach of your acknowledgments, agreements, representations, warranties and obligations herein.

National or cross-border disputes which may arise regarding the validity, interpretation, execution or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [05/01/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.

In particular, the dispute cannot be examined by the Mediator if:

- the Customer does not justify having previously attempted to resolve his dispute directly with the Company by a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the Company,

- the dispute does not fall within its field of jurisdiction.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of his choice or an expert to defend him, he will bear the costs alone.

The Mediator may not receive any instructions from the parties nor be remunerated based on the result.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and will not exempt the Customer from the performance of its contractual obligations.

Parts Warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved – July 1, 2022

Article 16: SMS policy

SMS Policy:

By consenting to SMS marketing from LA MAGIE DE BÉBÉ upon checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers and Transactional SMS. , including review requests from us, even if your mobile telephone number is registered on a state or federal do not call list. Message frequency varies. Consent is not a condition of purchase.

If you would like to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent from us or use the unsubscribe link we have provided to you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for any fees and charges associated with text messaging imposed by your wireless service provider. Messages and data rates can be applied.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us at https://lamagiedebebe/pages/contact or by email at contact@lamagiedebebe.com for more information.

We have the right to change any telephone number or short code that we use to operate the Service at any time. You will be notified on these occasions. You agree that any messages you send to a phone number or short code that we have changed, including requests to STOP or HELP, will not be received, and we will not be required to honor requests made in these messages.

To the extent permitted by applicable law, you agree that we will not be responsible for the failed, delayed or misdirected delivery of any information sent via the Service, for any errors in such information and/or for any action you may take or not take any reliance on the information or the service.

Your right to privacy is important to us. You can consult our privacy policy: https://lamagiedebebe.com/pages/politique-de-confidentialite to determine how we collect and use your personal information.