Terms of Sales
These General Conditions of Sale are concluded between on the one hand CHLOE LE CLERC DE LA HERVERIE, SASU with a capital of 5000 € registered with the RCS of Nantes under the number 897 766 382, whose registered office is located at 13, rue du Port Guichard 44000 Nantes (hereinafter "ON BEHALF"), and on the other hand any person who has made a purchase on the onbehalf.fr site, hereinafter referred to as "the Customer". Any purchase on the onbehalf.fr site (hereinafter the “Site”) automatically entails acceptance of all of these conditions.
ARTICLE 1 – DEFINITIONS
Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site.
Order: refers to the process whereby the Customer selects the Products he wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he wishes to have delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken care of by ON BEHALF, which will ship the Products ordered according to the terms of these GCS.
Contract: refers to these T&Cs and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document which would oppose the Contract, and which would therefore be unenforceable against ON BEHALF.
Personal data: refers to all personal information relating to the Customer, a natural person, provided by him when placing the Order.
Parties: means jointly ON BEHALF and the Users of the Site.
Products: refers to the products available for sale on the Site.
User: designates any natural or legal person accessing the Site, whether or not they are a Customer.
ARTICLE 2 – PURPOSE OF THE CGV AND VERSION IN FORCE
2.1. The purpose of these T&Cs is to define the conditions under which Users can access the Site, place Orders and manage relations between ON BEHALF and Users, including all the rights and obligations arising therefrom.
2.2. They apply in the relations between the Users between themselves and between the Users and ON BEHALF. Any User agrees to comply, without restriction or reservation, with these T&Cs, whether they visit the Site or place an Order. The GCS are notified to Users for acceptance prior to any Order on the Site.
2.3. ON BEHALF is free to modify, at any time and without notice, these T&Cs, in particular to take into account any legal, jurisprudential and/or technical developments. ON BEHALF will inform the User of this by any means, who must accept the new T&Cs. In any case, the fact for the User to continue to use the Site after information of the modification of the GCS entails the acceptance of the modifications of the latter by the User. The successive versions of the GCS will be accessible from the Site.
2.4. The prevailing version of the T&Cs is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date of placing the latter. Each new Order requires acceptance of the T&Cs by the Customer, which the latter acknowledges and accepts. If Users do not accept the T&Cs or their subsequent modifications, they must renounce all use of the Site.
2.6. The User declares having obtained from ON BEHALF, prior to his Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of the Products as well as their suitability for his needs.
2.7. The User must be a duly represented legal person or an adult natural person with the legal capacity to place an Order on the Site. Otherwise, he must have the authorization of his legal representative to place an Order, which he expressly acknowledges and accepts.
ARTICLE 3 - PRICE
All prices presented on the Site are in euros, all taxes included. ON BEHALF reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of their Order.
ARTICLE 4 - PRESENTATION OF ARTICLES
The User is informed that photographs of the Products appear on the Site, which he may consult freely.
ONBEHALF guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves. ONBEHALF makes its best efforts to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, ON BEHALF cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site. Furthermore, ONBEHALF strives to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, ON BEHALF cannot guarantee the exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: firstname.lastname@example.org .
The User declares to be fully aware of the provisions of this article, and already expressly agrees not to engage the responsibility of ON BEHALF in this respect, subject to the application of the mandatory legal provisions (guarantee of conformity in particular) .
ARTICLE 5: ORDER
The User can browse the Site without obligation to purchase.
In order to place his Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket. The creation of a personal account on the Site is not necessary to place an Order. On the other hand, certain personal data of the Customer are required for the proper execution of the Order by ON BEHALF.
If the Customer wishes, he has the possibility of creating a personal account allowing him, in particular, to follow the history of his Orders on the Site and to find the corresponding confirmations and invoices. Some of the Customer's personal data is required to proceed with the creation of a personal account. The Customer is required to provide complete, up-to-date and fair information, ON BEHALF cannot be held liable in this regard. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges. Once the Order has been finalized, payment is confirmed by ON BEHALF by sending an email to the Customer at the address indicated when placing the Order. The Order is validated once payment has been made in full and received by ON BEHALF. ON BEHALF will send the Customer an invoice by email to the address provided when placing the Order. The Customer is advised to save or print his invoice and keep it. ON BEHALF undertakes to honor validated Orders, within the limits of available stocks. In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The Customer will have the choice of being reimbursed the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalogue). In any case, ON BEHALF cannot be held responsible for any damage suffered by the Customer, nor liable for any damages. ON BEHALF may at any time modify the assortment of products offered for sale on the Site, without prejudice to the Orders placed by the Customer.
ARTICLE 6: DELIVERY
6.1 Delivery costs
Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order. They will appear on a specific line separate from the one specifying the price of the Products. It is expressly specified that the amount of the delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts. In some countries that are not members of the European Union, the Customer may be subject to additional customs and shipping costs. ON BEHALF will not be held responsible for the payment of these additional costs and considers that it is the responsibility of the consumer to find out about the customs costs of the country in which he is located.
6.2 Delivery times
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays. Pursuant to Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the deadlines specified during the Product Order process and before the validation of the said Order. Delivery times are also recalled in the Order confirmation email sent to the Customer. Delivery times include the preparation and dispatch of the Order, as well as the delivery time of the Products to the delivery point (Customer's postal address or pick-up point). If there is no indication on the Site of a delivery time for the Products, ON BEHALF undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer. by ON BEHALF.
In this case, the Products concerned are delivered within the time indicated on the Site and recalled at the time of the Order. However, ON BEHALF using external service providers (carriers, postal services, etc.) for the delivery of the Products, ON BEHALF is totally dependent on these third-party service providers. The delivery times indicated on the Site may thus be impacted by the service providers without ON BEHALF being responsible for these delays in delivery and the consequences that could result therefrom.
So that the delivery times can be respected, the Customer must ensure that he has provided exact and complete information concerning the Delivery address (such as, in particular: street number, building, staircase, codes access, names and/or intercom numbers, etc.).
6.3 Transfer of responsibility
When the delivery is made against signature, this is proof of the good reception of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to accept the Order and to affix his signature to any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.
ARTICLE 7: PAYMENT
Payment by credit card
Payments by credit card are guaranteed by a secure system by Stripe which ensures the security and confidentiality of the data transmitted during payment. We do not keep your bank details. The Customer pays on the onbehalf.fr site by credit card from the Visa, Mastercard, Maestro and American Express networks. Your account will be debited as soon as the order process is complete.
Stripe (France) is a company registered in Paris (France) under number 807572011, whose registered office is located at 10, boulevard Haussmann in Paris (75009), France. For any information, the customer can consult the following website: https://www.stripe.com
Payment by PayPal
You pay the invoice amount online via PayPal. Personal and financial information is sent to PayPal servers. You must be registered in principle or have a PayPal account to confirm the payment instruction (except in the case of guest access). Additional information is available during the order transaction.
Paypal (Europe) S.à.rl et Cie , is a Luxembourg partnership limited by shares, registered with the RCS of Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the customer can consult the following website: https://www.paypal.com .
Gift code and promo code
It is possible for the Customer to pay part or all of the amount by gift code or promo code. To do this, simply enter the code provided at the time of payment and validate it. The amount of the gift code or promo code will then be deducted from the total amount and the Customer can continue with their order.
ARTICLE 8 - WITHDRAWAL
In application of articles L.221-5 and following of the Consumer Code, the Customer has a period of 14 (fourteen) days from the date of delivery of the Order to return any new and unopened product, within its original packaging and in perfect condition (any damaged, incomplete, damaged product or whose packaging is damaged will not be taken back), to request a refund without penalty.
In particular, ON BEHALF will not reimburse cosmetic products whose packaging, case or seal has been removed. The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other item enabling the Order in question to be identified, and its holder. The return of the Product is carried out at the risk and peril of the Customer. If the package is lost, stolen or damaged when returning the product, ON BEHALF reserves the right to refuse reimbursement of the returned product(s). Only the Customer identified as such with ON BEHALF can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery. The return address is: ON BEHALF, 13 RUE DU PORT GUICHARD 44000 NANTES
9 - PERSONAL DATA
9.1. Personal data is collected by ON BEHALF when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility of placing an Order as a “guest”. In addition, personal data is collected through cookies. This type of collection is envisaged in article 9.2 below. When placing an Order, certain personal data must be provided by the Customer and collected by ON BEHALF. These are the surname, first name, address, email, postal address and telephone number of the Customer. The same personal data is required when creating a personal account. This personal data is subject to automated processing for the purposes of managing the Order and the ONBEHALF customer base, as well as commercial prospecting, and for statistical purposes. They may be transmitted to ONBEHALF's business partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts. In addition, as part of the online payment services used by ONBEHALF, these services collect certain personal data belonging to Customers on behalf of ONBEHALF. Said data is kept for the time necessary for the purposes for which it is collected and processed, namely for the completion of the Order placed by the Customer, unless:
a longer retention period is authorized or imposed by a legal or regulatory provision;
the Customer has exercised, under the conditions set out below, one of the rights granted to him by law.
In addition, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which may be requested from ONBEHALF under the conditions described below. Subject to the Customer's express acceptance by means of checkboxes, the Customer's email address may also be used by ONBEHALF for the purposes of registration and sending a newsletter and/or sending offers. promotional. In the event that the Client no longer wishes to receive newsletters and/or promotional offers, he has the possibility of modifying his choice by contacting ON BEHALF under the conditions mentioned below or by using the unsubscribe links provided in the messages. .
Access to personal data is strictly limited to ON BEHALF employees, authorized to process them by reason of their duties. The information collected may possibly be communicated to third parties linked to ON BEHALF by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases set out above, ON BEHALF undertakes not to sell, rent, assign or give access to third parties to the data without the Customer's prior consent, unless forced to do so for a legitimate reason. (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular law n ° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n ° 2016/679 / EU of April 27, 2016, the The User benefits from a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him. He may thus demand that personal data concerning him which is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to ON BEHALF's legal obligations.
The User may also, under the right to the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also oppose, for legitimate reasons, the processing of data concerning him, and request the limitation of data processing. To exercise these rights, the User must send a request to the following postal address On Behalf, 13 rue du Port Guichard 44000 Nantes or by email to email@example.com indicating his surname and first name. ON BEHALF may ask the User to prove his identity, by enclosing any necessary document with his request, in particular a copy of his identity card or passport. ON BEHALF will implement the means at its disposal to process requests relating to Users' personal data. In the event of a security breach on the Site or loss of personal data relating to Users, ON BEHALF will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security. Users also have a right of complaint, which they can exercise with the national supervisory authority, namely the CNIL. To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits .
9.2. ONBEHALF may place cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site. The cookies installed by ON BEHALF are deleted from the Customer's computer terminal after a period of 13 months. The User may oppose their implementation and/or delete them by following the procedure indicated on their browser. As such, ON BEHALF obtains the express consent of Users for the use of these cookies and uses them in application of the legal provisions, including in particular the General Regulations on the Protection of Personal Data. ON BEHALF uses these cookies only to establish connection statistics as well as User browsing histories.
ARTICLE 10: PURCHASE VOUCHERS/CREDITS
The vouchers sent by ONBEHALF can be used for 1 year on all the Products offered on the Site. Purchase vouchers cannot be combined with each other or with promotional codes.
ARTICLE 11: PROMOTIONAL CODES
Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by ON BEHALF. These codes are not refundable during an exchange.
ARTICLE 12: INTELLECTUAL PROPERTY
Without this list being exhaustive, the brand "ON BEHALF" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of ON BEHALF . The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which ON BEHALF is the sole holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of ON BEHALF are strictly prohibited and may be the subject of legal proceedings. Any reproduction or representation, total or partial, of the Site or its component elements, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited. Browsing on the Site does not entail any transfer of intellectual property rights for the benefit of the User. ON BEHALF grants the User a right of access and consultation of the Site only, under the terms and conditions provided for in these GCS.
ARTICLE 13: LIMITATION OF LIABILITY
13.1 ON BEHALF declines all responsibility for damages of any kind whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or a loss of data that may occur due to the use of the Site. In the event that ON BEHALF's liability should be established and retained due to damage suffered by the Customer and exclusively to ON BEHALF, this is limited to the amount of the Order paid by the Customer to ON BEHALF.
13.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided "as is" and is accessible without any guarantee of availability and regularity. ON BEHALF will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of ON BEHALF and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to the hardware or software of ON BEHALF.
13.3. ON BEHALF cannot under any circumstances be held liable for an interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption.
13.4. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded. ON BEHALF does not offer any explicit or implicit guarantee as to the operation of the Site, in particular any technical problem that may arise. ON BEHALF reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, such as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
13.5. ON BEHALF's liability under the obligations of these GCS cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by French courts and article 1218 of the Civil Code, or any other event that was not reasonably under the exclusive control of ON BEHALF. It is agreed that in the event that ON BEHALF's liability is called into question, whatever the basis and/or the nature of the action, only direct and foreseeable damage is likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as for example commercial trouble, loss of customers, etc., will not give rise to the right to compensation for the benefit of the User. In any case, ON BEHALF's liability, in the event of damage caused to the Customer, for any reason whatsoever, will be expressly limited and may in no case exceed the total amount, excluding taxes, of the Customer's Order made within the framework hereof.
13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by ON BEHALF. Therefore, ON BEHALF cannot be held liable in the event of improper use of the Products by the Customer or a third party.
ARTICLE 14: LEGAL GUARANTEE
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
14.1. Warranty against hidden defects.
In accordance with articles 1641 and following of the Civil Code, ON BEHALF is bound by the guarantee for hidden defects in the Products sold which render them unsuitable or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a latent defect within two years from the discovery of the defect. Within the framework of the legal guarantee against hidden defects, ON BEHALF, according to the Customer's choice, undertakes, after assessment of the defect either:
to reimburse the full price of the Product concerned;
to reimburse part of the price of the Product if the Customer decides to keep it.
14.2. Legal guarantee of conformity.
In accordance with Articles L.217-4 and following of the Consumer Code, ON BEHALF is required to deliver Products that comply with each Customer's Order, namely:
Products corresponding to the description given by ON BEHALF;
Products presenting the qualities that the Customer can legitimately expect with regard to the declarations of ON BEHALF.
The Customer may bring an action on the basis of a lack of conformity within a period of two years from the delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from the delivery is deemed to have existed upon delivery. Within the framework of the legal guarantee of conformity, ON BEHALF, according to the Customer's choice, undertakes, after assessment of the defect either:
to reimburse the price of the Product concerned;
to exchange the Product for a Product in conformity with his Order, if this is possible.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GCS must be sent to Customer Service by e-mail at the following address: firstname.lastname@example.org
ARTICLE 16 – Miscellaneous provisions
16.1. Partial invalidity
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in the GCS cannot be interpreted for the future as a waiver of the obligation. in question.
In the event of a dispute relating to an Order, the Customer must first contact ON BEHALF, in order to find an amicable solution, by email to the address email@example.com .
Referral to the mediator can only take place after the Client has taken prior written steps with ON BEHALF. In addition, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and European Union professionals. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
16.4. Applicable law and attribution of jurisdiction
These T&Cs are governed by French law, unless otherwise provided. In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GCS will be submitted to the competent courts of Nantes, unless otherwise provided. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.
ARTICLE 17: THE BUYER'S OBLIGATIONS
Following the purchase of a product, ON BEHALF offers the Customer the possibility of publishing photos of their product or photos involving the use of their product on social networks. The Client authorizes ON BEHALF to reproduce and distribute this public content on the ON BEHALF website and social networks. ON BEHALF is not responsible for buyer messages accompanying posts of ON BEHALF content on social media. The buyer nevertheless agrees that the content he posts in connection with ON BEHALF products is in accordance with the law, and that in particular no statement can be considered illegal, discriminatory, racist or violent. .