General conditions of sale
The General Conditions of Sale described below are concluded between the company LA REINE CAPRICIEUSE, a simplified joint stock company located at 43 route des Rosiers, 88310 CORNIMONT and any consumer or non-professional buyer wishing to make a purchase via the LA REINE CAPRICIEUSE website (lareinecapricieuse.com).
Article 1: Definitions
LA REINE CAPRICIEUSE: means the company LA REINE CAPRICIEUSE SAS, a simplified joint stock company with capital of 34,740 euros, registered in the ÉPINAL trade and companies register under number 910 988 740, whose head office is located at 43 route des Rosiers, 88310 CORNIMONT.
Customer: means the natural person, individual consumer, in contractual relationship with LA REINE CAPRICIEUSE for the use of the Website and/or a Product order.
GTC: means these General Conditions of Sale which may be supplemented by specific conditions whenever necessary.
Parties: means the Client and LA REINE CAPRICIEUSE, bound together by these presents.
Product(s): means the cosmetic care products and associated products offered for sale and marketed by LA REINE CAPRICIEUSE to the Customer on the Website, subject to these General Terms and Conditions.
Personal Data: means any information relating to an identified or identifiable natural person.
Website: means the website lareinecapricieuse.com.
Article 2: Scope of application
These General Terms and Conditions apply without restriction or reservation to all sales concluded by LA REINE CAPRICIEUSE and the Customer wishing to acquire the Products offered for sale by LA REINE CAPRICIEUSE on the Website.
No special conditions may prevail over these T&Cs, except with the formal and written acceptance of LA REINE CAPRICIEUSE.
These General Terms and Conditions comply with the French Commercial Code and the Consumer Code; they specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions are accessible at any time on the Website and the Customer declares to have read and accepted them before placing his order. Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions.
These T&Cs may be subject to modification by LA REINE CAPRICIEUSE at any time; the version applicable to the Customer's order is the one in force on the Website on the date the order is placed.
Article 3: Products offered for sale
Product Presentation
The Products are described as precisely and accurately as possible, mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The photographs and representations of Products presented on the Website are not contractual and cannot engage the responsibility of LA REINE CAPRICIEUSE. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
Use of Products
LA REINE CAPRICIEUSE offers for sale Cosmetic care products and all associated products. LA REINE CAPRICIEUSE undertakes to provide the Customer with all the elements necessary for the proper use of the Products.
LA REINE CAPRICIEUSE cannot be held responsible for damage caused by improper use of the Products or by failure to comply with the precautions for use.
Compliance
The Products sold by LA REINE CAPRICIEUSE comply with the requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the composition, specifications, qualities of the Products and the conditions of use, are presented on the Website and in the Product sheets and the catalog of LA REINE CAPRICIEUSE.
The Customer is required to read them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
Availability
The Products are offered and delivered within the limits of available stocks. In the event of unavailability of the products ordered, LA REINE CAPRICIEUSE undertakes to inform the Customer immediately, and to offer equivalent products or to reimburse the Customer for the amount of his order within 5 working days.
Apart from the reimbursement of the price of the unavailable Product, LA REINE CAPRICIEUSE is not liable for any cancellation compensation, unless the non-execution of the order is personally attributable to it.
Article 4: Orders
Placing the order
It is up to the Customer to select on the Website the Products that he wishes to order, according to the following terms:
- The Customer fills a virtual basket with the Products he has selected.
- The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors.
- The Customer can then click on the “Place order” or “Order” button and add information on the delivery method and payment method.
- The registration of an order on the Website is carried out when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Terms and Conditions.
- The sale is only final after LA REINE CAPRICIEUSE has sent the Customer confirmation of acceptance of the order by email and after the latter has received payment in full.
The Customer will be able to follow the progress of his order on the Website.
The Products are sold on the Website only to individual consumers for their personal use or as gifts.
LA REINE CAPRICIEUSE reserves the right to cancel or refuse any order from a Customer for legitimate reasons, in particular with whom there is a dispute relating to the payment of a previous order or to cancel or delay any order if any fraud is suspected, such as identity theft or theft of means of payment or if the quantities of products ordered are abnormally high for individual consumers and in particular which would include more than ten (10) identical items per order.
Once confirmed and accepted by LA REINE CAPRICIEUSE, under the conditions described above, the Customer can no longer modify the order without the agreement of LA REINE CAPRICIEUSE.
Article 5: Price
In accordance with Article L 112-1 of the Consumer Code, the prices of each of the Products are indicated on the Website, when the order is registered by LA REINE CAPRICIEUSE. Prices are expressed in euros and include all taxes.
They do not include transport costs or any customs fees in the event of sales outside the European Union.
Shipping costs are charged in addition, under the conditions indicated on the Website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by LA REINE CAPRICIEUSE and sent to the Customer upon delivery of the Products ordered.
LA REINE CAPRICIEUSE reserves the right to modify its sales prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the order.
Article 6: Payment method
The price charged to the Customer is the price indicated on the order confirmation sent by LA REINE CAPRICIEUSE.
The price of purchases made on the Website is payable in cash, in full on the day the order is placed by the Customer, by secure payment by bank card offered on the Website on the day the order is actually placed.
In accordance with article L 221-14 of the Consumer Code, the Customer is explicitly informed of the payment obligation at the time of purchase as soon as the order is placed.
The Website is equipped with an online payment security system allowing the Customer to encrypt the transmission of their banking data via the electronic payment server of the secure payment platform.
At no time will the Client's banking data pass through the LA REINE CAPRICIEUSE computer system and no third party may become aware of it during transport on the network.
Article 7: Deliveries
In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the instructions for use.
Delivery times
Delivery times are indicated on the Website for information purposes only and depend on the delivery method chosen by the Customer.
Delivery times include the preparation and dispatch of the order, as well as the time taken to deliver the Products to the delivery address indicated by the Customer when ordering.
Under normal conditions, LA REINE CAPRICIEUSE will process the order as quickly as possible from Monday to Friday, excluding public holidays.
Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
In order to facilitate the delivery of the order by the carrier, the Customer undertakes to make the necessary efforts to enable the delivery of the package, name visible on the mailbox, transmission of the telephone number and possibly the digital code.
Delay in delivery
In the event of a delivery delay of more than 5 working days, the Customer must inform LA REINE CAPRICIEUSE customer service, which will implement the necessary and appropriate actions.
Product Conformity
The Customer undertakes to verify that he has received a complete and compliant order at the time it is delivered. LA REINE CAPRICIEUSE will consider any order received by the Customer as complete and compliant. If the Product does not comply with the order, the Customer must send a complaint to LA REINE CAPRICIEUSE in order to obtain the replacement of the Product or possibly the resolution of the sale at the latest within 3 days following delivery.
Transfer of ownership
From the order date indicated in the order form, ownership of the Product is transferred to the Customer, except in the case where full payment of the price has not been collected upon ordering.
Article 8: Right of withdrawal
THE CAPRICIOUS QUEEN is committed to providing the Customer with high quality Products.
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal with LA REINE CAPRICIEUSE, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days at the most following notification to LA REINE CAPRICIEUSE of the Customer's decision to withdraw.
Returns must be made in their original condition and complete, allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal can be exercised online with LA REINE CAPRICIEUSE customer service, by email (contact@lareinecapricieuse.com) or by post to the following address:
THE CAPRICIOUS QUEEN
43 Rosiers road
88310 CORNIMONT (FR)
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded. The return costs will be borne by the Customer.
The refund will be made within fourteen (14) days from notification to LA REINE CAPRICIEUSE of the decision to withdraw.
Article 9: Confidentiality – Protection of personal data
The provisions relating to the confidentiality policy and the collection and processing of personal data applicable in the context of the use of the Site and the purchases of products and Services online are provided in the document entitled CONFIDENTIALITY POLICY which supplements these General Conditions and are accessible at the address: lareinecapricieuse.com/confidentialite.
They comply with the law relating to information technology, files and freedoms of January 6, 1978 and European Regulation 2016/679 which provides the conditions for automated processing of personal information relating to Customers as well as the rights of access and rectification of data concerning them.
To exercise these modification rights, the Client may submit a request to LA REINE CAPRICIEUSE at any time by email to the following address: contact@lareinecapricieuse.com.
Otherwise, the Customer is entitled to lodge a complaint with a supervisory authority:
CNIL
3 Place de Fontenoy
TSA 80175
75334 PARIS CEDEX 07
or on www.cnil.fr/fr
The personal information processed is stored in a secure environment. To ensure this data security, LA REINE CAPRICIEUSE uses the following measures: https protocol; SSL protocol; computer backup; network monitoring software; access management.
Article 10: Intellectual property
The Website and its contents are the exclusive property of LA REINE CAPRICIEUSE, which therefore holds all intellectual property rights relating thereto. Consequently, the contents may not be modified, copied, distributed, reproduced, downloaded, displayed, published, transmitted or sold in any form or by any means whatsoever, in whole or in part, without the prior written consent of LA REINE CAPRICIEUSE.
All registered trademarks and copyrights attached to intellectual creations, whatever their form, provided or accessible via the Website, as well as all other intellectual property rights relating to LA REINE CAPRICIEUSE remain the exclusive property of LA REINE CAPRICIEUSE.
When, within the framework of these General Terms and Conditions, the Customer commits actions likely to infringe the rights of LA REINE CAPRICIEUSE, the latter reserves the right to take all appropriate measures to put an end to these disturbances.
In accordance with the provisions of Article L 716-4 of the Intellectual Property Code, any infringer who uses a registered trademark without the authorization of its owner incurs civil liability.
Article 11: Force majeure
The Parties are automatically released from their obligations in the event of a case of force majeure as defined by French case law, or more generally of fortuitous events beyond their control making it impossible to continue the contractual relationship.
The Party affected by the force majeure shall inform the other Party without delay.
In the event of an extension of the force majeure event beyond thirty (30) days, each Party shall have the option of terminating the contract by registered letter with acknowledgment of receipt notified to the other Party.
Article 12: Applicable law
These T&Cs are subject to French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
Article 13: Disputes
In the event of a dispute, the Customer must contact LA REINE CAPRICIEUSE customer service by email (contact@lareinecapricieuse.com) or by post to the following address:
THE CAPRICIOUS QUEEN
43 Rosiers road
88310 CORNIMONT (FR)
In the event of failure of the complaint request to customer service or in the absence of a response within three (3) months, the Customer is informed that he may in any event resort to conventional mediation.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, THE CAPRICIOUS QUEEN has implemented a consumer mediation system. The selected mediation entity is: MEDIATION CONSUMPTION DEVELOPMENT/MED CONSO DEVIn the event of a dispute, the Customer may submit their complaint on the website:
https://www.cnpm-mediation-consommation.eu/
or by post by writing to:
CONSUMER MEDIATION DEVELOPMENT/MED CONSUMER DEVELOPMENT
Centre d'Affaires Stéphanois SAS
L'Horizon Building – Esplanade de France
3, rue J. Constant Milleret – 42000 SAINT-ÉTIENNE (FR)
All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between LA REINE CAPRICIEUSE and the Customer will be submitted to the competent courts under the conditions of common law.