General Terms and Conditions of Use and Sale

General Terms and Conditions of Use and Sale

Welcome to the website www.josianelaureparis.com

We invite you to carefully read these General Terms and Conditions of Use and Sale (hereinafter referred to as the “GTCU/GTC”) as well as our Personal Data Protection Policy before browsing or placing any orders on our website. The User, whether a customer or not, is informed that they are bound by these terms.

Using our website’s services and placing any orders implies prior, full, and unreserved acceptance of these GTCU/GTC and our Personal Data Protection Policy, which you acknowledge having read.

I. LEGAL INFORMATION

PUBLISHER

O DE LAURE SARL
Registered Office: 29 Vauvrille 58310 Bouhy
RCS Nevers 523 519 130
SIRET 523 519 130 000 18
APE Code: 4799A
Share Capital: €7,500
EU VAT Identification Number: FR 41 523 519 130
Email: Contact Form

HOSTING

IONOS SARL
SARL with a share capital of €100,000
RCS Sarreguemines B 431 303 775
SIRET 431 303 775 000 16
APE Code: 6201Z
EU VAT ID: FR 13 431303775
IONOS SE
Share Capital: €5,814,171
RCS Charlottenburg HRB 125506 B
SIRET 29 026 63822

II. GENERAL TERMS OF USE

Access to and use of the website www.josiane-laure.com implies compliance with all the provisions of these general terms and their acceptance. They thus constitute a contract between the company O de Laure and the User/Client.

Definitions

Client: Any individual acting for purposes unrelated to their commercial, industrial, craft or liberal activity, aged 18 or over, having placed at least one order on the Site and possessing a Josiane Laure customer account.
Identifier: Email address used to identify a User on the Site and access their account.
Password: Confidential sequence of characters allowing a User to access their account together with their Identifier.
Site: josianelaureparis.com
User: Anyone using the site josiane.laure.com or its services.
Identified User: A User with a Josiane Laure account.

Access and Use of the Site

The Site is freely accessible to any User with an internet connection.

The User is responsible for their computer equipment and internet access. All costs related to accessing the Site remain the responsibility of the User/Client.

The User may only access their account after logging in using their Identifier and Password. The User is required to keep their Identifier and Password confidential and must not share them with any third party.

The company O de Laure will make every effort to ensure 24/7 access to the Site, but cannot be held responsible for any issues or malfunctions that may prevent access to the Site and/or to the services offered by JosianeLaure.com.

JosianeLaure.com will do its best to resolve any issues as quickly as possible.

III. GENERAL TERMS OF SALE

These general terms and conditions of sale are intended to define the terms and conditions under which JOSIANE LAURE offers its Products for sale to Users/Clients via its website.

Accordingly, any order placed by a User/Client for one or more products implies full, prior, and unreserved acceptance of these general terms and conditions of sale, which prevail over any other document, unless otherwise expressly agreed in writing by Josiane Laure.

The User/Client acknowledges having read and accepted these general terms and conditions of sale prior to placing their order.

These terms and conditions apply exclusively to the online sale of products through the website and shall take effect from 1 July 2018. They supersede and replace all previous versions.

JOSIANE LAURE reserves the right to modify these general terms and conditions of sale at any time. However, the terms applicable to a given order are those accepted by the User/Client at the time the order is placed.

These general terms and conditions of sale are complementary to the terms of use of the SITE, which are available at all times in the “Legal Notice” section of the website and apply to the User/Client.

Article 3: SPECIFIC PROVISIONS RELATING TO THE SALE OF PRODUCTS ON THE SITE

Article 3.1: Product Presentation and Availability

Before placing an order, the User/Client may consult, directly on the website, the essential characteristics of the product(s) they wish to purchase.

In the event that a product becomes unavailable after an order has been placed, the User/Client will be informed as soon as possible. JOSIANE LAURE will proceed with the delivery of the order excluding the unavailable product. The amount paid by the User/Client for the unavailable product will be refunded by JOSIANE LAURE within 14 days following the partial delivery. If the value of the original ORDER qualified the User/Client for an advantage (such as free shipping, gifts, etc.), the refund of unavailable products will not affect the retention of those benefits.

Article 3.2: Ordering Products

To purchase products, the User/Client must visit the website and log in to their account using their email address and password, or create an account by providing their title, surname, first name, email address, and password.

Placing an online order for products involves the following steps:

First: an order confirmation and summary will be sent by JOSIANE LAURE via email.
Second: a shipping confirmation will be sent by JOSIANE LAURE via email.
Third: delivery of the products by JOSIANE LAURE, using the delivery method selected, to the address provided by the User/Client during the ordering process or to a designated pickup point.

Article 3.3: Legal Guarantees

The BUYER benefits from the legal guarantee of conformity provided for in Articles L217-4 et seq. of the French Consumer Code, as well as the legal guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. They have a period of two years to act from the date of delivery of the goods.

Accordingly, JOSIANE LAURE undertakes to deliver a product:

That complies with the ORDER, meaning:

1° Fit for the usual purpose of a similar item, and, where applicable:

– matching the description given by JOSIANE LAURE and possessing the qualities presented to the BUYER in the form of a sample or model;

– possessing the qualities that the BUYER can reasonably expect based on public statements made by JOSIANE LAURE or its representative, including in advertising or on labelling;

2° Or having the features agreed upon jointly by the Parties, or being suitable for any special purpose sought by the BUYER, which was communicated to and accepted by JOSIANE LAURE.

And free from any hidden defects that would make the product unfit for its intended use, or that would so diminish its usefulness that the BUYER would not have acquired it, or would have paid a lower price, had they known.

In the event of non-conformity or if a PRODUCT is delivered with a hidden defect, the BUYER must contact the “PRODUCT” Customer Service department, available via:

Telephone: 01.53.53.06.48 / Option 2 (Monday to Friday from 9am to 6pm)
Mail: LABORATOIRE JOSIANE LAURE, Customer Service, 396 Avenue du Colombier, 01330 Villars-les-Dombes

Contact form: available here

The BUYER must follow the instructions provided by Customer Service.

The BUYER must return the relevant PRODUCTS unused and in their original packaging to the address indicated on the return form provided by Customer Service.

Upon receipt of the PRODUCTS and confirmation of the non-conformity or hidden defect, JOSIANE LAURE undertakes, at the BUYER’s discretion, either to exchange the PRODUCT for an identical one or for one of equivalent quality and price (subject to stock availability), or to refund the price of the PRODUCT within a maximum of 14 days from the BUYER’s request.

Article 3.4: Prices

Product prices are expressed in euros and include all applicable taxes (VAT), excluding a flat-rate contribution towards processing and shipping costs of €6.50 via Colissimo.

This flat-rate amount will be applied and shown at the final stage of order validation by the User/Client.

For any order equal to or above €60, shipping is free within mainland France, and free from €190 for Europe Zone 1.

The products remain the property of JOSIANE LAURE until full payment has been received.

Any promotional offers are valid only while displayed on the website.

Article 3.5: Payment

Payment for the order is made online on the website (josiane.laure.com) using a payment card (Carte Bleue, Visa, Mastercard, or American Express) or via a PAYPAL account. When purchasing one or more PRODUCTS on the SITE using a payment card, the BUYER must enter directly in the designated fields: the card number, its expiry date, and the security code on the back of the card. The total amount of the ORDER will be debited from the card on the day of the ORDER.

JOSIANE LAURE reserves the right to suspend any order processing or delivery in the event of non-payment or refusal of payment authorisation by officially accredited internet payment bodies.

JOSIANE LAURE also reserves the right to refuse to honour an order from a User/Client who has not paid fully or partially for a previous order or with whom a payment dispute is ongoing.

JOSIANE LAURE cannot be held responsible for any fraud or misuse of a payment method that has not been detected through the verification process. The User/Client guarantees that they have the necessary authorisation to use the chosen payment method for their order.

Any fraudulent use of a credit card will not entitle the User/Client to reimbursement by JOSIANE LAURE.

Article 3.6: Payment Security with PayPlug

Purchases made by the BUYER are secured. When placing their ORDER online, the BUYER is on JOSIANE LAURE’s servers. When processing the payment, the BUYER is redirected to the secure servers of JOSIANE LAURE’s payment partner: PayPlug.

Transactions carried out on the SITE are secured by the PayPlug payment system (www.payplug.com). All data exchanged for processing the payment is encrypted via the SSL protocol. This data cannot be detected, intercepted, or used by third parties. PayPlug is certified by Visa (AIS), Mastercard (SDP), and American Express (TDC). These certifications ensure that the operational processes and technical solutions used by PayPlug comply with the highest standards of security and protection of banking data. PayPlug is among the first payment providers worldwide to offer all three certifications.

JOSIANE LAURE uses the “3D Secure” protocol on the SITE for purchases over €70 made by the Buyer. This is a secure online payment protocol that helps merchants reduce the risk of internet fraud related to identity theft. It ensures, for each online transaction, that the card is being used by its rightful holder.

Article 3.6.1: Payment in 3 or 4 Instalments with Oney

When the customer selects instalment payment, the customer accepts the following:

The General Terms and Conditions of Sale for Oney customers, available via this link
The Legal Notice of Oney, available via this link

Article 3.7: Shipping & Delivery

Delivery is limited to mainland France and Corsica.

During Private Sales, holiday periods, or sales events, order preparation and shipping times may be extended but will in no case exceed a maximum of 30 days from the day following the transmission of the ORDER by the BUYER.

Any incorrect or missing information in the delivery address or the BUYER’s identity releases JOSIANE LAURE from responsibility for the delivery.

If the ORDER is not collected by the BUYER from a pickup point within 15 days, it will be returned to JOSIANE LAURE. Upon receipt, JOSIANE LAURE will refund the amount of the PRODUCTS in the ORDER.

Upon receipt of the ORDER, the BUYER is required to:

Make all necessary reservations and claims to the carrier or refuse the package if it appears to have been opened or damaged;
Report such incidents to Customer Service, whose contact details are provided in Article 3.3;
Both claims described above must be made without delay and no later than 3 working days from the receipt of the ORDER.

Failing this, the ORDER is considered delivered in good condition, and JOSIANE LAURE is released from any liability.

Article 3.8: Right of Withdrawal

Except in the specific case of non-conformity of the PRODUCTS with the ORDER, exchanges are not possible. If the BUYER changes their mind and wishes to exchange a PRODUCT for a new one, they must exercise their right of withdrawal and return the PRODUCT. The PRODUCT will be refunded but not exchanged. To obtain a new PRODUCT, the BUYER must place a new ORDER on the SITE.

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the BUYER has a withdrawal period of fourteen (14) calendar days from the date of delivery of their ORDER to return the PRODUCT(S) for a refund. If the fourteen (14) day period ends on a Saturday, Sunday, or public holiday, it is extended until the next working day.

The full amount paid will be refunded no later than 14 days from the date the right of withdrawal is exercised. After this period, the amount due will automatically bear interest at the legal rate in force.

If the BUYER’s original order qualified them for an advantage (e.g. free shipping, gifts…), the refund of returned products is subject to the return of those benefits.

If the total value of the returned items brings the original order below the threshold for free shipping, the shipping cost will be deducted from the refund amount.

All returns must be made in their original packaging and in perfect resale condition to the following address: O DE LAURE, BP24 396 Zi du Colombier, 01330 Villars-les-Dombes.

Return shipping costs remain the responsibility of the BUYER.

JOSIANE LAURE reserves the right to refuse the BUYER’s right of withdrawal for any unsealed products, for hygiene and safety reasons.

Withdrawal form for an order JOSIANE LAURE: available here

Article 3.9: Liability

JOSIANE LAURE shall not be held liable for any indirect damage that may result from the purchase of the PRODUCTS.

JOSIANE LAURE shall not be held liable for failure to fulfil the ORDER in the event of stock shortages or unavailability of the PRODUCTS due to a force majeure event as defined by French case law and courts.

Similarly, JOSIANE LAURE shall not be liable for any damage resulting from the use of the Internet network, such as viruses, hacking, data loss, or service interruption.

Article 3.10: Data Protection and Privacy

The information collected by JOSIANE LAURE during any ORDER from the BUYER is necessary for processing the ORDER by JOSIANE LAURE and its business partners. JOSIANE LAURE is committed to maintaining the confidentiality of the personal data provided by the BUYER.

In accordance with the French Data Protection Law No. 78-17 of 6 January 1978 as amended, and the General Data Protection Regulation (GDPR) No. 2016/679 of 27 April 2016, the BUYER has the right to access, rectify, oppose, erase (subject to legitimate reasons), and transfer personal data concerning them, as well as the right to define directives regarding their digital legacy (“right to digital death”). The BUYER may exercise these rights by stating their surname, first name, and address, along with the subject of their request:

By writing to JOSIANE LAURE, Customer Service, 396 Avenue du Colombier, 01330 Villars-les-Dombes
Or via the contact form

JOSIANE LAURE may send promotional offers by post or email, including the e-newsletter, subject to the prior consent of the BUYER obtained during the registration process.

To learn more about our personal data protection policy, please consult our Personal Data Protection Policy.

Article 3.11: Intellectual Property

The website is a work of authorship protected under Intellectual Property Law. The website and each of its elements (such as trademarks, logos, photographs, images, illustrations, texts, slogans, videos, etc.) are the exclusive property of O de LAURE, the only entity authorised to use the intellectual property and personality rights related to them.

No usage rights may be granted for any intellectual property rights featured on the website. O de LAURE reserves the right to take legal action against any infringement of its intellectual property rights.

The reproduction of any documents published on the site is only permitted for strictly personal and private informational purposes. Any full or partial reproduction and/or representation, use, adaptation, or modification of the site or any of its components, on any medium or in any form whatsoever, for other purposes—particularly commercial ones—is expressly prohibited.

Any reproduction and/or representation of the website or any of its components must be subject to the prior and express authorisation of O de LAURE. Any unauthorised use constitutes counterfeiting and is punishable by law.

The creation of hyperlinks to the website is only permitted with the prior written authorisation of O de LAURE.

O de LAURE declines all responsibility for the content, advertising, products, or services available on or via any websites linked to its own.

All trademarks mentioned on the website are registered and protected, and are the exclusive property of O de LAURE.

Article 3.12: Dispute Resolution

If the Customer Service department does not respond within a reasonable time to a written complaint from the User/Client, or if an amicable resolution cannot be reached regarding a dispute between the parties, the User/Client may request mediation free of charge under the conditions set out below.

In accordance with Ordinance No. 2015-1033 of 20 August 2015 and its implementing Decree No. 2015-1382 of 30 October 2015, the User/Client may contact the CMAP – Centre for Mediation and Arbitration of Paris to seek an amicable resolution via mediation of any consumer dispute, subject to Article L612-2 of the French Consumer Code.

The mediator will not consider disputes that are manifestly unfounded or abusive, that have already been reviewed or are under review by another mediator or by a court, or if the User/Client submits their request more than one year after their written complaint to JOSIANE LAURE. Likewise, mediation is not available if the dispute falls outside the mediator’s competence, or if the consumer fails to provide proof that they have first attempted to resolve the dispute directly with JOSIANE LAURE in accordance with the procedures set out in these General Terms and Conditions.

To submit a dispute to the mediator, the User/Client may: (i) complete the online form on the CMAP website at www.mediateur-conso.cmap.fr, or (ii) send their request by standard or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) email consommation@cmap.fr. Regardless of the method used, the request must include the following for prompt processing:

Their postal address, email and telephone number, as well as the full name and address of JOSIANE LAURE, a brief description of the facts, and proof of prior steps taken with JOSIANE LAURE.

Article 3.13: Governing Law & Jurisdiction

These General Terms and Conditions of Sale, along with all sales of JOSIANE LAURE products, are governed by French law.

In the absence of mediation, any dispute relating to the interpretation, performance, or termination of the contract between O de LAURE and the User/Client shall fall under the exclusive jurisdiction of the French courts.

Article 3.14: Code of Conduct

JOSIANE LAURE undertakes to comply with the code of conduct issued by COSMEBIO, of which JOSIANE LAURE is a member.