Terms of service

These Terms and Conditions are concluded between CHLOE LE CLERC DE LA HERVERIE, SASU with a capital of € 5000 registered in the RCS of Nantes under number 897 766 382, whose headquarters is located at 13, rue du Port Guichard 44000 Nantes (hereinafter "ON BEHALF"), and any person who has made a purchase on the site onbehalf.fr, hereinafter referred to as "the Customer". Any purchase on the website onbehalf.fr (hereinafter the "Site") automatically entails acceptance of these conditions in full.

ARTICLE 1 - DEFINITIONS

Customer: means any user who purchases a product through the Site and / or has a personal account on the Site.

Order: shall designate the process whereby the Customer selects the Products he/she wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he/she wishes to have delivered, as well as the delivery options and when he/she has paid the amount to be paid. Once finalized, the Order will be processed by ON BEHALF who will ship the ordered Products according to the terms and conditions of these GTC.

Contract: means these GTC and any special conditions applicable to certain promotional operations. Therefore, the Customer waives any contradictory document that would oppose the Contract, and which would therefore be unenforceable ON BEHALF.

Personal data: refers to all personal information relating to the Client, a natural person, provided by him during the Order.

Parties: shall designate jointly ON BEHALF and the Users of the Site.

Products : shall designate all products available for sale on the Site.

User: shall mean any natural or legal person accessing the Site, whether or not they are a Client.

ARTICLE 2 - PURPOSE OF THE TERMS AND CONDITIONS AND CURRENT VERSION

2.1. The purpose of the present General Terms and Conditions is to define the terms and conditions according to which Users may access the Site, place Orders and manage the relationship between ON BEHALF and Users, including all rights and obligations resulting therefrom.

2.2 They apply to relations between Users and between Users and ON BEHALF. All Users undertake to respect, without restriction or reservation, these GTC, whether they visit the Site or place an Order. The GTC 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 GTC, in particular to take into account any legal, judicial and / or technical developments. ON BEHALF will inform the User by any means, which must accept the new GTC. In any case, the fact that the User continues to use the Site after the information of the modification of the T&Cs entails the acceptance of the modifications of the latter by the User. The successive versions of the T&Cs will be accessible from the Site.

2.4. The version of the GTC that prevails is the latest version available on the Site.

2.5. The version applicable to an Order is the one in effect at the time the Order is placed. Each new Order requires the acceptance of the GTC by the Customer, which the latter acknowledges and accepts. If Users do not accept the T&Cs or any subsequent amendments thereto, they must refrain from using the Site.

2.6. The User declares to have obtained from ON BEHALF, prior to his Order, all information on the Products and delivery methods. He declares that he is solely responsible for the choice of Products and their suitability to his needs.

2.7. The User must be a duly represented legal entity or a natural person of legal age who has the legal capacity to place an Order on the Web site. Otherwise, the User must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.

ARTICLE 3 - PRICES

All prices presented on the Site are in euros including all taxes. ON BEHALF reserves the right to change its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of his Order.

ARTICLE 4 - PRESENTATION OF THE ARTICLES

The User is informed that photographs of the Products appear on the Site, which he may consult freely.

ONBEHALF guarantees that these photographs have been 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 are as consistent as possible with the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, ON BEHALF cannot ensure that the Products will be exactly identical to the photographs, in particular because of the technical constraints of making the photographs available on the Site. In addition, ONBEHALF strives to present and describe its products in the most accurate manner possible. However, subject to provide a faithful presentation of the essential qualities of its products, ON BEHALF can not guarantee the exhaustive communication of the full 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: hello@onbehalf.fr .

The User declares to be fully aware of the provisions of this article, and expressly agrees not to engage the responsibility of ON BEHALF in this regard, subject to the application of mandatory legal provisions (guarantee of compliance in particular).

ARTICLE 5: ORDERING

The User may browse the Site without obligation to purchase.

To place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual shopping cart. The creation of a personal account on the Web site is not required to place an Order. However, some personal data of the Customer is required for the proper execution of the Order by ON BEHALF.

If the Client so wishes, he/she may create a personal account allowing him/her to track the history of his/her Orders on the Site and to find the corresponding confirmations and invoices. Certain personal information is required in order to create a personal account. The Client is required to provide complete, up-to-date and accurate information, and ON BEHALF shall not be held liable in this respect. The Client is hereby informed that some of the information requested is mandatory for the proper execution of the Sales Order placed, which the Client expressly acknowledges.

The Product description is available to the Customer on the Web site, which the Customer accepts and acknowledges. Once the Sales Order has been finalized, ON BEHALF will confirm that the Product(s) has/have been accepted by sending an e-mail to the Client at the address indicated at the time of placing the Order. The Order is validated once the payment has been fully completed and received by ON BEHALF. ON BEHALF will send the Customer an invoice by email to the address given at the time of the Order. The Customer is advised to save or print the invoice and keep it. ON BEHALF commits itself to fulfilling the validated Sales Order within the limits of available stock. In the event that one or more Products are unavailable after the Sales Order has been placed, the Client will be informed by e-mail. The Client will have the choice of either having the amount corresponding to the unavailable Products reimbursed, or having the Product(s) delivered when said Product(s) are once again in stock (unless the Product(s) has/have been permanently withdrawn from the catalog). In any event, ON BEHALF shall not be held responsible for any loss suffered by the Client, nor shall it be held liable for any damages incurred. ON BEHALF is likely to change at any time the range 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 charges will be indicated on the Web Site during the Sales Order process and must be accepted by the Client at the time the Sales Order is confirmed. They shall be indicated on a specific line separate from the one indicating the price of the Products. It is expressly stated that shipping costs may vary according to the territory where the Products are delivered, which the Customer acknowledges and expressly accepts. In some countries outside the European Union it is possible that the Customer is subject to additional customs and shipping costs. ON BEHALF will not be held responsible for the payment of these additional costs and believes that it is the responsibility of the consumer to find out about the customs charges of the country in which it is located.

6.2 Delivery times

Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. The delivery times exclude Saturdays, Sundays and public holidays. In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the time limits specified during the Order process and before the validation of the said Order. The delivery times are also mentioned in the Order confirmation e-mail sent to the Customer. Delivery times include the preparation and dispatch of the Order, as well as the time required to deliver the Products to the delivery address (the Customer's postal address or a delivery point). In the absence of any 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 shall be delivered within the time limit indicated on the Site and recalled at the time of the Order. However, since ON BEHALF uses external service providers (carriers, postal services, etc.) for the delivery of Products, ON BEHALF is totally dependent on these third-party service providers. The delivery times indicated on the Site may be impacted by the providers without ON BEHALF being responsible for these delays in delivery and the consequences that may result.

So that delivery times can be met, the Customer must ensure to have provided accurate and complete information on the delivery address (such as, in particular: street number, building, staircase, access codes, names and / or numbers of intercom, etc.).

6.3 Transfer of responsibility

When the delivery is made against a signature, the latter is proof of the proper receipt of the package. The transfer of risk and responsibility for the Products takes place upon receipt of the Products by the Customer. As of this date, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them. Consequently, the Customer undertakes to verify, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer shall refuse to accept the Order and to sign any supporting documents. Any Order received against the Customer's signature shall be deemed to be in conformity, 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 data transmitted during the payment. We do not store your bank details. The customer pays on the site onbehalf.fr by credit card networks Visa, Mastercard, Maestro and American Express. Your account will be debited as soon as the order process is completed.

Stripe (France) is a company registered in Paris (France) under the number 807572011, whose headquarters are 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 the 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.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the R.C.S. of Luxembourg under the 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 and promotional codes

It is possible for the Customer to pay in part or in full the amount by gift code or promo code. To do so, the customer must enter the code provided at the time of payment and validate it. The amount of the gift code or the promo code will then be deducted from the total amount and the Customer will be able to continue with his order.

ARTICLE 8 - RETRACTION

Pursuant to Articles L.221-5 et seq. 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, in its original packaging and in perfect condition (any product damaged, incomplete, damaged or whose packaging is deteriorated will not be taken back), to request a refund without penalty.

In particular, ON BEHALF will not refund cosmetic products whose packaging, case or cover has been removed. The Customer must therefore place the intact package containing the product in a suitable package on which will be affixed the return label, before sending it by mail. The Customer must also enclose a copy of the invoice or any other element that identifies the Order in question and its owner. The return of the Product shall be at the Customer's risk. If the package is lost, stolen or damaged during the return of the product, ON BEHALF reserves the right to refuse reimbursement of the returned product(s). Only the Customer identified as such with ON BEHALF may exercise this right, to the exclusion of any other person, including the person receiving the delivery. The return address is: ON BEHALF, 13 RUE DU PORT GUICHARD 44000 NANTESARTICLE 8 - RETRACTION

Pursuant to Articles L.221-5 et seq. 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, in its original packaging and in perfect condition (any product damaged, incomplete, damaged or whose packaging is deteriorated will not be taken back), to request a refund without penalty.

In particular, ON BEHALF will not refund cosmetic products whose packaging, case or cover has been removed. The Customer must therefore place the intact package containing the product in a suitable package on which will be affixed the return label, before sending it by mail. The Customer must also enclose a copy of the invoice or any other element that identifies the Order in question and its owner. The return of the Product shall be at the Customer's risk. If the package is lost, stolen or damaged during the return of the product, ON BEHALF reserves the right to refuse reimbursement of the returned product(s). Only the Customer identified as such with ON BEHALF may exercise this right, to the exclusion of any other person, including 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, as the Customer has the possibility to place an Order as a "guest". In addition, personal data is collected through the use of cookies. This type of collection is discussed in Article 9.2 below. When placing an Order, certain personal data must be filled in by the Customer and collected by ON BEHALF. This includes the Customer's surname, first name, address, email, postal address and telephone number. The same personal data is required for the creation of a personal account. This personal data is subject to automated processing for the purpose of managing the Order and the ONBEHALF customer base, as well as for commercial prospecting, and for statistical purposes. They may be transmitted to ONBEHALF's business partners who contribute to the delivery of Products and the realization of payments, solely for this purpose, which the Customer acknowledges and expressly 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. The said data are kept for the time necessary for the purposes for which they are 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 one of his or her legal rights under the conditions set forth below.

In addition, when the Customer has created a personal account, the personal data provided for this purpose are retained until deletion of the account, which may be requested from ONBEHALF under the conditions described below. Subject to the express acceptance of the Customer through checkboxes, the email address of the Customer may also be used by ONBEHALF for registration and sending a newsletter and / or transmission of promotional offers. In the event that the Customer no longer wishes to receive newsletters and / or promotional offers, it has the opportunity to change its choice by contacting ON BEHALF in the conditions mentioned below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to employees of ON BEHALF, authorized to process them because of their functions. The information collected may 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 need for authorization from the Customer. It is specified that, as part of the execution of their services, third parties have only limited access to data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, ON BEHALF undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).

In accordance with the applicable legal and regulatory provisions, in particular Act No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms, and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, portability and deletion of his or her data or to limit the processing. He may also, for legitimate reasons, object to the processing of data concerning him. The User may thus demand that personal data concerning him/her that are inaccurate, incomplete, equivocal or outdated be rectified, completed, clarified, updated or deleted. The User's personal data are also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to the legal obligations of ON BEHALF.

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 object, on legitimate grounds, to the processing of his or her data, and request the limitation of the processing of the data. 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 hello@onbehalf.fr indicating his name and surname. ON BEHALF may ask the User to prove his identity by attaching to his request any necessary document, including a copy of his identity card or passport. ON BEHALF will implement the means at its disposal to proceed with the processing of requests relating to personal data of Users. In case of security breach of the Site or loss of personal data relating to Users, ON BEHALF will inform them by mail in the legal conditions applicable. 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 to complain, which they can exercise with the national supervisory authority, 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 is likely to implement cookies on the Site. This is an automatic tracking process that records information about navigation on the Site, and stores information entered during visits to the Site to facilitate the use of the Site. The cookies installed by ON BEHALF are deleted from the computer terminal of the Customer after a period of 13 months. The User may oppose their implementation and / or delete them by following the procedure indicated on his browser. As such, ON BEHALF collects the express consent of Users for the use of these cookies and uses them in accordance with legal provisions, including the General Regulation on the Protection of Personal Data. ON BEHALF uses these cookies only to establish connection statistics and browsing history of Users.

ARTICLE 10: VOUCHERS / CREDITS

The vouchers sent by ONBEHALF are usable for 1 year on all products offered on the Site. The vouchers are not cumulative with each other or with promotional codes.

ARTICLE 11: PROMOTIONAL CODES

Promotional codes apply only to the basic non-rebate prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes are usable 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" and its derivatives and variations, logos, graphics, layout, information, presentation and content of the Site are the exclusive property of ON BEHALF. The systems, software, structures, infrastructure, databases and content of any kind (text, images, visuals, music, logos, trademarks, database, etc..) relating to the Site are also protected by all intellectual property rights or rights of producers of databases in force, which ON BEHALF is the sole owner or holder of rights. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the prior written permission of ON BEHALF are strictly prohibited and may be subject to prosecution. Any reproduction or representation, in whole or in part, of the Site or its component parts, such as trademarks, logos, graphics, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited. Browsing the Site does not imply any transfer of intellectual property rights to the User. ON BEHALF grants the User a right of access and consultation of the Site only, under the terms and conditions set out in these GTC.

ARTICLE 13: LIMITATION OF LIABILITY

13.1 ON BEHALF disclaims any liability for damages of any kind, resulting in particular from the use of the Site or the Order of Products, including damage to the reputation and image of the Client, or loss of data that could arise from the use of the Site. In the event that the responsibility of ON BEHALF should be established and retained because of a loss suffered by the Customer and exclusively to ON BEHALF, it 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 cases 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 acts of malice or any damage to hardware or software ON BEHALF.

13.3 ON BEHALF can in no case be held responsible 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 technology necessary to date for its access and use, the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the computer systems of the User can not be excluded. ON BEHALF does not offer any guarantee, either explicit or implicit, as to the functioning of the Site, including any technical problems 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, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.

13.5. The responsibility of ON BEHALF under the obligations of these GTC can not be engaged in the event that the failure to perform its obligations would be attributable to the fact of a third party even if it is foreseeable, the fault of the Customer, or the occurrence of an event of force majeure as defined by the 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 the responsibility of ON BEHALF is challenged, whatever the basis and / or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, all indirect, consequential and / or incidental damages, such as for example a commercial disturbance, loss of customers, etc., will not give rise to compensation to the benefit of the User. In any event, the liability of ON BEHALF, in case of damage caused to the Customer, for whatever reason, will be expressly limited and may in no case exceed the total amount excluding taxes of the Customer Order made hereunder.

13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by ON BEHALF. Consequently, ON BEHALF shall not be held liable in the event of non-compliant use of the Products by the Customer or a third party.

ARTICLE 14: LEGAL GUARANTEE

In accordance with the provisions of the French 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 French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the French 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 et seq. of the Civil Code, ON BEHALF is bound by the warranty for hidden defects of the Products sold making them unsuitable or significantly affecting the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years from the discovery of the defect. Under the legal guarantee of latent defects, ON BEHALF, according to the choice of the Customer, undertakes, after assessment of the defect either :

to reimburse the full price of the Product concerned;

to refund a portion of the price of the Product if the Customer decides to keep it.

14.2. Legal warranty of conformity.

In accordance with Articles L.217-4 et seq. of the Consumer Code, ON BEHALF is required to deliver Products that comply with the Order of each Customer, namely:

Products corresponding to the description given by ON BEHALF ;

Products with the qualities that the Customer can legitimately expect in view of the statements of ON BEHALF.

The Customer may bring an action on the basis of a lack of conformity within two years from delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from delivery is deemed to have existed from delivery. As part of the legal guarantee of compliance, ON BEHALF, according to the choice of the Customer, undertakes, after assessing the defect either :

to refund the price of the Product concerned;

to exchange the Product for a Product that conforms to its Order, if possible.

ARTICLE 15: CLAIMS - INFORMATION

Any claim or request for information regarding the present General Terms and Conditions shall be addressed to the Customer Service by e-mail at the following address: hello@onbehalf.fr

ARTICLE 16 - Miscellaneous Provisions

16.1. Partial invalidity

If one or several stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

16.2. Non-Waiver

The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.

16.3. Mediation

In the event of a dispute relating to an Order, the Customer should contact ON BEHALF as a matter of priority, in order to find an amicable solution, by email at hello@onbehalf.fr.

The referral to the mediator can only occur after the Customer has made prior written approaches to ON BEHALF. In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established a platform for Online Dispute Resolution, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

16.4. Applicable law and jurisdiction

These GTC are governed by French law, unless otherwise provided. In the absence of an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GTCs will be submitted to the competent courts of Nantes, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.

ARTICLE 17: THE BUYER'S OBLIGATIONS

Following the purchase of product, ON BEHALF offers the Customer the opportunity to publish photos of his product or photos involving the use of his product on social networks. The Customer authorizes ON BEHALF to reproduce and distribute this public content on the website and social networks of ON BEHALF. ON BEHALF is not responsible for the messages of the buyer accompanying the publications of ON BEHALF content on social networks. The buyer nevertheless agrees that the content he posts in connection with the products ON BEHALF is in accordance with the law, and in particular no statement can be considered illegal, discriminatory, racist or violent.