The purpose of the General Terms and Conditions of Sale is, on the one hand, to inform any possible buyer about the conditions and modalities under which the seller (hereinafter "Cacao" or "the Operator" or "the Seller") proceeds to the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by Cacao to the consumer (hereinafter and hereinafter "the Buyer", "the Customer" or "the User"). They apply, without restriction or reservation, to all sales of products offered by the Operator on its website (hereinafter the "Site" or "Website").
Consequently, the fact that the Buyer orders a product offered for sale on the Internet Site of the Operator implies full and complete acceptance of the present General Conditions of Sale of which the Buyer acknowledges having read before ordering.
The Operator reserves the possibility of modifying at any time the present General Conditions of Sale, without informing the purchaser. Nevertheless, the General Conditions of Sale applicable to the order are those accepted by the Buyer at the time of placing the order.
2. Formation of the contract & Legal notice
This site, accessible at the URL www.cacaoskincare.com (the "Site"), is published by : CACAO, a limited liability company with a capital of 11,000 euros, registered in the Trade and Companies Register of Nanterre under the number 904 086 246. The intra-community VAT number of Cacao is FR 40904086246.
The Site is hosted by the company Shopify .
To contact us : firstname.lastname@example.org
3. Information on the site and accessibility of the site
www.cacaoskincare.com is an e-commerce website owned and operated by Cacao. The Site is open to all users of the Internet network and is in principle accessible 24 hours a day, 7 days a week, except in the case of interruptions, whether scheduled or not, for maintenance and/or security purposes or in cases of force majeure. Cacao cannot be held responsible for any damage, of whatever nature, resulting from the unavailability of the Site. Cacao reserves the right to modify the Site for technical or commercial reasons. When these changes do not substantially alter the conditions of the provision of services, the Customer may be informed of the changes made, but his acceptance is not requested.
By placing an order on the Site, the Customer guarantees Cacao that he/she is of legal age and has the legal capacity to contract.
Cacao may delete the Customer's Account at any time, for any reason, at its sole discretion.
4.1 Presentation of the articles
Cacao makes every effort to present and describe its products in the most precise and accurate manner possible.
The products sold by Cacao are the cosmetic and wellness products that appear on the Site, on the day of the consultation of the Site by the Buyer and within the limits of available stocks. Cacao reserves the right to withdraw products from sale at any time.
Before ordering, you can consult the characteristics of the products sold on the Cacao website: www.cacaoskincare.com.
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, if any, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the modalities and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration he/she uses is secure and in working order.
On the Website, prices may vary depending on the country, the delivery method and the type of product.
4.2 Product availability
The products are offered within the limits of available stocks. Cacao cannot guarantee the availability of the products presented on the site. In case of unavailability of one of the products, the buyer will be informed as soon as possible by email or by phone of the unavailability of the products and of the cancellation of his order. In case of cancellation of the order, for unavailability, the order of the buyer will be automatically cancelled and his bank account will not be debited. If the product is not available and the customer's account has already been debited, Cacao will proceed to the reimbursement of the amount on the debited account as soon as possible. Cacao cannot be held responsible in case of cancellation of an order due to stock shortage.
Cacao has the right to cancel the contract between the Seller and the Buyer from the moment the Buyer does not receive the delivery of his goods or the delivery is wrong, despite the previous agreement between the two parties. Cacao is obliged to inform the customer about the unavailability of the service as soon as possible. All sums already paid by the Buyer will be reimbursed immediately after the cancellation of the order.
In case of stock shortage, Cacao also reserves the right to establish customer waiting lists for the delivery of its products. In this case, the buyer is debited on his account at the time of the order without being delivered; as soon as the ordered product is restocked, it is sent to the buyer, depending on his position on the waiting list. The waiting times before restocking, indicated to the buyer at the time of the order are indicative and non-contractual. Once the order is placed and the buyer is registered on the waiting list, the order cannot be cancelled. The order can be refunded upon receipt, according to the return and refund terms of these conditions.
All prices presented on the site are inclusive of all taxes. The prices of the products are indicated in Euros. Cacai reserves the right to change its prices without prior notice and the prices charged to the customer are those displayed on the website at the time of the order. The goods remain the property of Cacai until the total amount due is received and paid by the Customer.
Shipping costs are specified in paragraph 7.2 of the following general terms and conditions of sale.
6. Orders & Pre-orders
6.1. Placing orders and pre-orders
The customer can place an order/pre-order on the website 24 hours a day, 7 days a week.
The order/pre-order is validated once the payment has been accepted by Cacao.
Cacao reserves the right to refuse an order in case of
- a dispute exists between the customer and Cacao
- a risk of non-payment estimated by Cocoa.
- abnormal or abusive complaints,
- abnormal orders with regard to the quantities ordered,
- Abnormal or abusive exchanges and returns,
- Suspicious bank details provided
Cacao reserves the right to ask the Customer for additional information if it deems it necessary, such as proof of identity or proof of address. If the Customer does not respond within 5 days of placing the order, the order and payment are cancelled. Cacao commits itself to honor the orders received, only within the limits of available stocks.
In the case of a pre-order, the sums paid in advance by the customer do not constitute a deposit, in the sense of article 1590 of the Civil Code.
6.2. Archiving of orders and pre-orders
The details of orders and pre-orders are archived in accordance with Article L.134-2 of the French Consumer Code, for a period of ten years on a secure server. However, no credit card number is kept.
7. Delivery, shipping costs and transport
7.1 Delivery method
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes. The Customer shall ensure that the information provided by him is correct and complete. The Customer is obliged to keep his personal information up to date. In the event of error in the wording of the recipient's coordinates, Cacao cannot be held responsible for the impossibility of delivering the Products.
Delivery in Metropolitan France: The Customer has the choice between several delivery methods: via Colissimo in 48 working hours, via Chronopost in 24 working hours.
Delivery in the European Union: The Customer has the choice between several modes of delivery: via Colissimo in 48 working hours, via DHL.
Delivery abroad: Delivery outside Metropolitan France and outside the EU is done by DHL. Any delivery in the DOM - TOM and abroad is systematically treated in "international delivery" according to the postal rates in force at the day of the placing of the order. Outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the Customer. It is therefore up to the Customer to find out the amount of these taxes from his local customs office. The shipping costs are at the charge of the Customer and vary according to the place of destination.
The parcel will be delivered in a letter box at the delivery address indicated when the order was placed or, when its size does not allow it, it will be delivered directly by hand.
In case of absence, it will be possible to choose a new delivery date, the provision in a point relay or at the post office nearby depending on the carrier chosen.
If not, the product will be returned to the sender, Cacao. If the goods are returned to Cacao, they will not be reshipped and the Customer will be reimbursed within a reasonable period of time from the date of receipt of the goods.
7.2 Delivery time
The delivery time of the products is indicated on the website at the time of the order.
Cacao delivers the orders within a maximum of 14 (fourteen) working days for a delivery in Metropolitan France and 20 (twenty) working days for an international delivery (Europe), this period being counted from the day after the validation of the Order. The day after a new product or a restocking is put online, and during the whole month of December, the delivery time may be increased by 10 (ten) days, given the volume of orders. These deadlines are given as an indication by the carriers and do not commit the Operator.
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
Cacao cannot be held responsible for any delay in delivery that is not of its own making or that is justified by a case of force majeure (as defined below).
In the event that the delivery time is exceeded, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of 14 (fourteen) days of the request. Notwithstanding the above, Cacao cannot be held responsible for the consequences of a delay in delivery, only the reimbursement of the Product by Cacao being possible to the exclusion of any other form of compensation.
When an international delivery is refused by the customer to the carrier, we reserve the right to invoice the customer for the return costs as well as any customs fees for the return of the product to France. The amount of these costs will be directly deducted from the refund of the order.
7.3. Shipping costs
Shipping costs depend on the products ordered, the destination of the products and the carrier chosen. The rates are indicated in the shopping cart when placing the order, see article 6.1. of these GTC.
The Operator is not responsible in case of loss or theft of goods. In case of loss or theft of the parcel(s), Cacao cannot be held responsible and no compensation can be claimed by the Customer. The Customer must contact the carrier "La Poste" with the tracking number of the parcel and the invoice of his order.
7.4. Transport and damage
If the goods are delivered with obvious transport damage, the Buyer must inform the delivery company (Colissimo, Chronopost or DHL) without delay and contact Cacao's customer service immediately in order to allow the latter to deal with the claims as soon as possible. Any complaints regarding damage to the delivery made after the day of delivery may not be taken into account by Cacao.
7.5. Conformity of the order
It is the responsibility of the Customer to ensure, upon receipt of the items, that they are in conformity.
Any anomaly concerning the delivery such as a damaged package, missing products, damaged products, products that do not conform to the order must be notified within the legal timeframe following receipt of the order by e-mail to the following address: email@example.com in order to request the return.
Once the return is validated, a printable voucher will be sent to the customer by email. It is up to the customer to print it, stick it on the package and deposit it in his post office.
No return should be made without the prior agreement of the Cacao company, otherwise the refund cannot be validated.
The returned items must not have been used and must be in their original packaging. Any item returned soiled and/or damaged by the customer will not be accepted.
The customer must take care of the packaging and protect the product so that it is not damaged during transport.
8. Terms of Payment
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered. In any case, Cacao reserves the right to check the validity of the payment, before the order is sent, by any means necessary.
Cacao uses the online payment solution Stripe.
9. Right of withdrawal, refund and return of goods
9.1. Right of withdrawal
The Buyer has a period of 14 (fourteen) days from the date of receipt of the order to exercise his legal right of withdrawal.
The Buyer exercising his right of withdrawal under the conditions provided for in this article (9.1.1) in terms of deadlines and terms of return of products, will be able to obtain a refund corresponding to the amount of the returned products. If the buyer wishes to exchange his order, he must proceed to the refund of his order, then return to the site to place a new order.
9.2 Return of goods procedure
Return procedure: The return costs are free of charge regardless of the country. In accordance with article L.221-21 of the Consumer Code and in order to implement the right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to make his request for withdrawal at the following address: firstname.lastname@example.org mentioning :
name, geographical address, telephone number and e-mail address;
order number and item concerned
decision of retraction.
The Buyer has a period of 14 days to exercise his right of withdrawal from the receipt of the order, respecting the conditions of return. The customer will receive a free Colissimo return slip by email. He will have to print the slip, stick it on the parcel and deposit it in a post office. The Customer must insert in the package his exact and complete contact information (name, first name, address) as well as the order number. It will be advisable for the customer to take care of the packing and to protect the product well so that this one is not damaged during transport.
Condition of the returned products: Products must be returned to Cacao in a condition suitable for resale (products in perfect condition with their original packaging, accessories, instructions, etc.), except in the case of a delivery damaged by the post office. Only unused and unopened Cacao products can be returned and refunded. If the Product has been used by the Buyer, then the product cannot be refunded. The Operator will inspect the goods returned by the Buyer to ensure that they meet these return requirements before issuing a refund. If used product or unsupported merchandise is returned to the Operator by the purchaser, if not refunded, such product or merchandise may be returned to the purchaser at the purchaser's expense and request.
Refund following the return: The Buyer must return the goods to the address indicated by the customer service. The procedure is explained to each buyer who makes the request by email: email@example.com. Cacao will reimburse the Customer for the amount of the Product within fourteen (14) days from the reception of the Product and all the elements allowing to implement the reimbursement of the Customer. This refund may be made by the same means of payment as the one used for the Customer. By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
9.3 Commercial warranty
The Buyer has a period of 14 days to make use of this guarantee as from the reception of the parcel. He has to respect the modalities which precede in terms of refund and return of the goods. The abusive use of the commercial guarantee is prohibited. Moreover, it is forbidden to make repetitive returns. The Buyer is entitled to one return and one refund per order.
10. Obligations of the buyer
Following the purchase of a product, Cacao offers the possibility to the Buyer to publish photos of his product or photos involving the use of his product on social networks. The Buyer authorizes Cacao to reproduce and distribute this public content on the website and social networks of Cacao. Cacao is not responsible for the Buyer's messages accompanying the publications of Cacao's content on social networks. However, the buyer commits himself to ensure that the content he posts is in accordance with the law, and that in particular nothing can be considered as illegal, discriminating, racist or violent.
11. Legal warranties and limitation of liability
Cacao's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the Product. Cacao will not be liable for any of the following losses, regardless of their origin:
loss of income or sales
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of work or management time
loss of image
loss of opportunity, in particular to order a Product,
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law. Cacao makes no warranty regarding any harm that may be caused by the transmission of a computer virus, (or other computer programs such as worms, time bombs, Trojan horses, cancelbots, logic bombs) or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer system or interfere with the proper working of a computer system, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, or the Site or server that makes it available. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines. Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
Cacao is obliged to deliver Products that comply with the contractual provisions. Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
In addition, Cacao guarantees consumers against defects of conformity and hidden defects for the Products on sale on the Site under the following conditions:
The presence of an apparent defect in a Product must be reported by e-mail (firstname.lastname@example.org) within three working days of delivery. Any complaint must explain the defect concerned. The Buyer may also attach photos to his email to explain the apparent defect. Otherwise, no claim is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unused, with the references of the initial Order and a copy of the complaint to Cacao's head office, after sending an email indicating the apparent defect of the Product mentioned above. In the event of an apparent defect confirmed by Cacao, depending on the content of the customer's complaint, a credit note will be issued to the customer, the product will be replaced or the price will be refunded to the customer within 14 days. In case of non-compliance with the return procedure, no exchange or refund or credit note is possible.
Non-conformity - Hidden defects
Subject to the validation of a non-conformity or a defect by Cacao or the manufacturer as the case may be, the Customer benefits from the following guarantees:
Cacao, acts as guarantor in the sense of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Customer :
has a period of two (2) years from the date of delivery of the Product to act in case of lack of conformity of the Product,
is exempted from proving the existence of the lack of conformity of the good during the six (6) months following the delivery of the Product,
may choose between repairing or replacing the Product, subject to the cost conditions set forth in Article L217-9 of the French Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, in the sense of articles 1641 and following of the Civil Code. The legal warranty for latent defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proven to be unfit for its purpose.
The warranty for hidden defects allows the Customer to be protected against hidden defects of the purchased Product that prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: to keep the Product and ask for a reduction of the price, or to return the Product and ask for a refund of the price paid, in accordance with Article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original, new, unused condition, with the references of the initial Order and a copy of the complaint to Cacao's head office, after sending an e-mail indicating the reason for the return of the Product
For all practical purposes, we remind you of the following legal provisions:
- Art. L217-4 of the French Consumer Code: "The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
- Art. L217-5 of the Consumer Code: "The goods are in conformity with the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ; (b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter "
- Art. L217-7 of the French Consumer Code: "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity."
- Art. L217-8 of the Consumer Code: "The buyer is entitled to demand the conformity of the goods to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself supplied.
- Art. L217-9 of the Consumer Code: "In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
- Art. L217-10 of the French Consumer Code: "If the repair and replacement of the good are impossible, the buyer may return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.
- Art. L217-11 of the French Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the allocation of damages.
- Art. L217-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
- Art. L217-13 of the French Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognized by the law."
- Art. 1641 of the Civil Code: "The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."
- Art.1642 of the Civil Code: "The seller is not bound by apparent defects of which the buyer could convince himself."
- Art. 1643 of the Civil Code: "He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee."
- Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."
- Art. 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he shall be bound only to return the price, and to reimburse the purchaser for the expenses incurred by the sale."
- Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. (...) "
In the event of a force majeure event preventing the execution of these GTC, Cacao will inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to the events usually considered by the jurisprudence of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of either Cacao or the Client without compensation on either side. Failure to pay by the customer cannot be justified by force majeure.
For any information, suggestions, questions or advice, the Customer may contact Cacao at the following e-mail address: email@example.com.
13. Partial invalidity
If one or more of the stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
14. No Waiver
No forbearance, inaction or inertia on the part of Cacao can be construed as a waiver of its rights under the GTC.
15. Applicable law and jurisdiction
The sale of products by Cacao to individuals and professionals is subject to French law, regardless of the country of residence of the Buyer and the place where the order was placed. Any dispute relating to the existence, interpretation, execution or breach of contract between Cacao and the Buyer, even in the case of multiple defendants, will, in the absence of amicable agreement, be under the exclusive jurisdiction of the competent French courts in application of the rules laid down by the Civil Code and the Consumer Code.