Terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE – CHAR COSMETICS

Website: www.charcosmetics.fr
Publisher / Seller: SMEL TRADING

ARTICLE 1 – PREAMBLE

These General Terms and Conditions of Sale, hereinafter referred to as the “GTC,” are concluded between:

SMEL TRADING, a simplified joint-stock company with a single shareholder (SASU), with a share capital of 10,000 euros, registered with the Pontoise Trade and Companies Register under number 989 281 621, with its registered office located at 11 avenue des Entrepreneurs, 95400 Villiers-le-Bel, France, intra-community VAT number FR89989281621, operating the website www.charcosmetics.fr, hereinafter referred to as the “Website,”

and

any adult individual acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, wishing to make a purchase on the Website, hereinafter referred to as the “Client” or the “Consumer,” as well as any minor acting under the responsibility and with the prior authorization of their legal representative.

The purpose of these GTC is to define the respective rights and obligations of the parties in connection with the online sale of products offered on the Website.

Any order placed on the Website implies unreserved acceptance of these GTC, which prevail over any other document, except for specific conditions expressly agreed upon in writing between the parties.

SMEL TRADING reserves the right to modify these GTC at any time. The applicable GTC are those in force on the date the order is validated by the Client.

ARTICLE 2 – PRODUCTS

The products offered for sale are those appearing on the Website on the day of its consultation by the Client, within the limits of available stock.

The essential characteristics of the products are presented on the product sheets. It is the Client's responsibility to read them carefully before placing any order.

The photographs, visuals, videos, and illustrations appearing on the Website are provided for informational purposes only. Despite the care taken in their presentation, minor differences may exist between the delivered product and its visual representation, particularly concerning colors, renderings, textures, apparent dimensions, packaging, or commercial presentations.

The products offered on the Website are intended for personal use. SMEL TRADING reserves the right to refuse or cancel any order whose volume, frequency, or amount would reasonably suggest that it is made for resale purposes or within an unauthorized professional context.

ARTICLE 3 – AVAILABILITY

Product offers are valid as long as they are visible on the Website and within the limits of available stock.

In the event of a product being unavailable after an order has been validated, the Client will be informed as soon as possible by email. The Client may then obtain, depending on the case, either a refund for the unavailable product, or, if offered, a credit note or a replacement product of equivalent value.

ARTICLE 4 – PRICE

Product prices are indicated in euros, all taxes included (TTC), excluding delivery costs.

Delivery costs are specified before the final validation of the order and are added to the price of the products.

SMEL TRADING reserves the right to modify its prices at any time. However, products are invoiced based on the rate in force at the time of order validation, subject to availability.

For deliveries outside metropolitan France or to territories subject to specific rules, customs duties, local taxes, import duties, or other levies may be applicable. These remain the sole responsibility of the Client, who is solely responsible for the corresponding declarative or payment formalities.

ARTICLE 5 – ORDER

5.1 Placing an order

To place an order, the Client selects one or more products, adds them to their cart, then follows the order process by providing the requested information relating to their identity, delivery address, billing address, and payment method.

Before final validation, the Client can check the details of their order, its total price, correct any errors, or modify their cart.

The order is definitively registered only after validation of the order summary, express acceptance of these GTC, and confirmation of payment.

5.2 Order confirmation

Once the order is validated, a confirmation email summarizing the essential elements of the order is sent to the Client at the address provided.

SMEL TRADING reserves the right to refuse, suspend, or cancel any order in the event of:

- manifestly erroneous or incomplete information;
- a previous dispute with the Client;
- suspicion of fraud;
- refusal of payment authorization by the relevant organizations;
- an abnormal order given the quantities usually purchased by a consumer.

ARTICLE 6 – PAYMENT

The price is payable in full at the time of order.

Accepted payment methods are those offered on the Website on the day of the order, including credit card, PayPal, and, where applicable, any other method displayed at Shopify checkout.

Payments are secured via the technical providers selected by SMEL TRADING and/or Shopify.

SMEL TRADING does not store the Client's complete bank details when payment is made via an external secure payment provider.

SMEL TRADING retains full and complete ownership of the products sold until full payment of the principal price, any fees, and taxes.

ARTICLE 7 – DELIVERY

Products are delivered to the address indicated by the Client during the order.

Delivery zones, delivery methods, and estimated times are specified on the Website or at the time of placing the order. The indicated times are approximate.

SMEL TRADING cannot be held responsible for delays attributable to the carrier, an event of force majeure, an incorrect or incomplete address provided by the Client, or any circumstance beyond its control.

In the event of a damaged or incomplete package, or a missing or damaged product, it is the Client's responsibility to make all necessary reservations with the carrier and to contact SMEL TRADING as soon as possible, with all relevant supporting documents: photos, description, and order number.

ARTICLE 8 – TRANSFER OF RISKS

The transfer of risks occurs at the moment when the Client, or a third party designated by them other than the carrier, physically takes possession of the products.

ARTICLE 9 – RIGHT OF WITHDRAWAL

In accordance with the provisions of the Consumer Code, the Client has a period of fourteen (14) calendar days from receipt of the products to exercise their right of withdrawal, without having to give reasons for their decision.

To exercise this right, the Client must notify their decision by an unambiguous statement sent to SMEL TRADING by email at contact@charcosmetics.fr or by post to the registered office address.

The Client must then return the products concerned no later than fourteen (14) days following the communication of their decision to withdraw.

The direct return costs remain the responsibility of the Client.

Reimbursement of the sums paid will be made within a maximum period of fourteen (14) days from the date on which SMEL TRADING is informed of the Client's decision to withdraw. SMEL TRADING may defer reimbursement until effective recovery of the products or until receipt of proof of shipment, the date taken being the earlier of these events.

Reimbursement is made via the same payment method as that used during the order, unless expressly agreed otherwise.

ARTICLE 10 – EXCEPTION TO THE RIGHT OF WITHDRAWAL – UNSEALED PRODUCTS

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for goods unsealed after delivery that cannot be returned for reasons of hygiene or health protection.

This exception is particularly important for cosmetic products and application accessories that have been opened, unsealed, used, tested, or whose security packaging has been removed.

Consequently, for reasons of hygiene and safety, the following cannot be returned or refunded, except for proven defects or errors attributable to SMEL TRADING:

- sealed false eyelashes and accessories that have been opened;
- unsealed glues, patches, applicators, tweezers, or cosmetic accessories;
- cosmetic products that have been opened, tested, or used;
- any product whose protective, hygienic, or safety packaging has been removed or damaged.

ARTICLE 11 – RETURNS OUTSIDE OF WITHDRAWAL

Outside of the legal right of withdrawal, no returns will be accepted without prior written agreement from SMEL TRADING.

Any accepted return must be made according to the instructions communicated by customer service and in packaging that allows the product to be transported without degradation.

Products returned incomplete, damaged, soiled, used, opened, or unfit for resale may be refused for refund.

ARTICLE 12 – LEGAL GUARANTEES

The products sold benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, under the conditions provided by French law.

The Client can contact SMEL TRADING at contact@charcosmetics.fr for any request relating to legal guarantees.

Defects resulting from improper use, non-compliant use, lack of maintenance, normal wear and tear, poor storage, or unauthorized professional use will not give rise to a guarantee.

ARTICLE 13 – LIABILITY

SMEL TRADING cannot be held responsible for indirect, intangible, or consequential damages resulting from the purchase or use of the products.

SMEL TRADING's liability cannot also be engaged in case of non-performance or improper performance of the contract attributable to:

- the Client;
- the unpredictable and insurmountable act of a third party to the contract;
- a case of force majeure;
- a temporary unavailability of the Website or a disruption of the Internet network beyond its control.

It is the Client's responsibility to comply with the precautions for use, instructions, recommendations, and warnings appearing on the products and/or their packaging.

ARTICLE 14 – CLIENT ACCOUNT

The Client can create a personal account on the Website. They undertake to provide accurate, complete, and up-to-date information.

Login credentials are strictly personal. The Client is solely responsible for their safekeeping and use.

SMEL TRADING reserves the right to suspend or delete any account in case of fraudulent use, breach of these GTC, or disruption to the proper functioning of the Website.

ARTICLE 15 – INTELLECTUAL PROPERTY

All elements appearing on the Website, including texts, photographs, visuals, videos, graphics, logos, brands, databases, design elements, domain name, and editorial content, are protected by intellectual property law and remain the exclusive property of SMEL TRADING or their respective owners.

Any reproduction, representation, adaptation, dissemination, extraction, or exploitation, in whole or in part, without prior written authorization, is strictly prohibited.

ARTICLE 16 – PERSONAL DATA

Personal data collected during navigation on the Website, creation of an account, or placement of an order are processed in accordance with the Website's privacy policy.

The Client is invited to consult it to learn about the purposes of processing, the data retention period, and their rights.

ARTICLE 17 – CONSUMER MEDIATION

In accordance with the Consumer Code, any consumer has the right to free recourse to a consumer mediator for the amicable resolution of a dispute with a professional, provided that a prior written complaint has remained unresolved.

To be completed obligatorily after subscribing to a mediator:

Consumer mediator: [mediator's name]
Address: [address]
Website: [URL]

The Client can also consult the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/

ARTICLE 18 – APPLICABLE LAW AND DISPUTES

These GTC are subject to French law.

In case of a dispute, the Client is invited to first contact SMEL TRADING's customer service to seek an amicable solution.

Failing an amicable agreement, the territorially competent French courts will have sole jurisdiction, subject to imperative consumer protection provisions.