Terms of sale

The present General Terms and Conditions of Sale are concluded between on the one hand BIOMAKEUP, SAS with a capital of €5,000, registered with the Créteil Trade and Companies Register under number B 852 232 347, having its registered office at 11 avenue du Petit Val, 94370 Sucy-en-Brie (hereinafter referred to as “BIOMAKEUP”), and on the other hand, any person who has made a purchase on the website www.fredmecene.com (hereinafter referred to as “the Client”). Any purchase on the website www.fredmecene.com (hereinafter referred to as “the Site”) automatically entails acceptance of these conditions.

The Client must be at least 18 years old and have legal capacity or hold parental authorization allowing them to place an order on the site.

Every User of the Site agrees to comply, without restriction or reservation, with these General Terms and Conditions of Sale.

BIOMAKEUP reserves the right to adapt or modify these General Terms and Conditions of Sale at any time.

ARTICLE 1 - PRICE

The prices of the products presented on the Site are indicated in euros, all taxes included, excluding shipping costs. BIOMAKEUP reserves the right to modify its prices at any time, but the products will be billed based on the prices in effect at the time of order registration.

ARTICLE 2 - ORDER

To place an order, the Client must select the products and desired quantities to add to their virtual cart and then click on the “I order” button to provide information related to delivery and payment method.

The Client is not required to create a personal account on the Site to place an Order. However, certain personal data of the Client will need to be collected for the proper execution of the Order by BIOMAKEUP.

The Client can create a personal account allowing them, in particular, to track the history of their Orders and download associated invoices. Certain personal data of the Client are required for the creation of a personal account. The Client is obliged to provide complete, up-to-date, and accurate information, and BIOMAKEUP cannot be held responsible in this regard. The Client is informed that some of the requested information is mandatory for the proper execution of the Order they have placed, which they expressly acknowledge.

The description of the Products is available to the Client on the Site, which the Client accepts and acknowledges.

Once the order is finalized, its processing is confirmed by BIOMAKEUP by sending a confirmation email to the Client at the address provided during the Order.

The Order is validated once the payment has been made and received by BIOMAKEUP.

BIOMAKEUP will send the Client an invoice via email to the address provided during the Order. It is advisable for the Client to save or print their invoice and keep it.

BIOMAKEUP commits to honoring validated Orders, subject to available stock.

In the event of unavailability of one or more Products after the Order has been placed, the Client will be notified by email. The Client will then have the choice to be reimbursed for the amount corresponding to the ordered Products, or to be delivered when the concerned Products are back in stock (unless they are permanently withdrawn from the catalog).

In any case, BIOMAKEUP cannot be held responsible for any damage suffered by the Client, nor be liable for any damages.

BIOMAKEUP may modify at any time the range of products offered for sale on the Site, without prejudice to the Orders placed by the Client.

ARTICLE 3 - DELIVERY

Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Client at the time of Order validation. They will appear on a specific line distinct from that indicating the price of the Products.

It is expressly stated that the amount of delivery costs may vary depending on the delivery area of the Products, which the Client acknowledges and accepts expressly.

Delivery times are indicated on the Site and depend on the delivery method chosen by the Client. Delivery times exclude Saturdays, Sundays, and public holidays.

Delivery times include the preparation and shipping of the Order, as well as the delivery time of the Products to the delivery point (Client's postal address or pickup point).

In accordance with Article L. 216-1 of the Consumer Code, BIOMAKEUP agrees that the products will be delivered within the timeframes specified during the Order process of the Products and before the validation of the said Order. The delivery times are also recalled in the confirmation email of the Order sent to the Client.

Since BIOMAKEUP relies on external providers (carriers, postal services, etc.) for the delivery of the Products, BIOMAKEUP is completely dependent on these third-party providers. Therefore, the delivery times indicated on the Site may be affected by the providers without BIOMAKEUP being responsible for these delays and any consequences that may arise.

When delivery is made against signature, this serves as proof of receipt of the package. The transfer of risks and responsibility concerning the Products occurs upon receipt of the Products by the Client. From this date, the Client will be solely and exclusively responsible for them, as well as their use and any consequences that may arise from it. Consequently, the Client agrees to verify, at the time of delivery, that the delivered Order is complete, compliant, and has not been damaged. Otherwise, the Client agrees to refuse to accept the Order and to sign any supporting document. Any Order received against signature by the Client will be considered as compliant, complete, and in perfect condition at the time of delivery.

ARTICLE 4 - PAYMENT

The Client pays on the website www.fredmecene.com by credit card via the secure payment platform Stripe on which the Client directly enters their banking details. Under no circumstances will BIOMAKEUP have or will have access to the Client's banking details.

Payment for the products purchased on the Site is made in full at the time of the Order. The Products remain the full property of BIOMAKEUP until full payment of the Order is made.

ARTICLE 5 - RIGHT OF WITHDRAWAL

In accordance with Articles L.221-1 and following of the Consumer Code, the Client has a period of 14 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 damaged, incomplete, damaged product or whose packaging is deteriorated will not be taken back), to request reimbursement without penalty.

In particular, BIOMAKEUP will not proceed to refund cosmetic Products for which the security label bearing the barcode has been removed.

The Client must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed before shipping it via the Post Office. The Client must include an element allowing for the identification of the Order in question and its holder.

The return of the Product is made at the Client's own risk. If the package is lost, stolen, or damaged during the return of the product, BIOMAKEUP reserves the right to refuse the reimbursement of the returned product(s). Only the Client identified as such with BIOMAKEUP can exercise this right, excluding any other person, including the person receiving the delivery. The return address is: COTE D’AZUR ROUTAGE Rue ZI 16th street 06510 CARROS.

It is not necessary to include any document in the package. We advise you to choose a shipping method with a tracking number. Without a tracking number, we will not accept any claims. If the item is refused by BIOMAKEUP, it will be returned to the Client at BIOMAKEUP's expense without the Client being able to demand any compensation.

ARTICLE 6 - PROMOTIONAL CODES

A promotional code grants a one-time discount for the purchase of one or more products under the conditions set forth on the promotional code.

Promotional codes are personal. Promotional codes are inalienable and cannot be sold, exchanged, or made available to the public free of charge or for a fee on a website or any other communication medium without the prior, express, and written consent of BIOMAKEUP.

Promotional codes apply only to non-discounted base prices and cannot be combined with each other.

These codes are not refundable during an exchange.

ARTICLE 7 - INTELLECTUAL PROPERTY

Without this list being exhaustive, the brand “FRED MÉCÈNE” 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 BIOMAKEUP. The systems, software, structures, infrastructures, databases, and content of any nature (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which BIOMAKEUP is the sole holder. Any disassemblies, decompilations, decryptions, extractions, reuses, copies, and more generally, all acts of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without the prior and written authorization of BIOMAKEUP are strictly prohibited and may be subject to legal proceedings. Any total or partial reproduction or representation of the Site or its components, such as brands, logos, graphic charter, 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 in favor of the User. BIOMAKEUP grants the User a right of access and consultation of the Site only under the conditions and terms provided in these General Terms and Conditions of Sale.

ARTICLE 8 - LIMITATION OF LIABILITY

BIOMAKEUP declines any responsibility for damages of any nature resulting notably from the use of the Site or the Order of Products, including harm to the reputation and image of the Client, or data loss that may occur due to the use of the Site. In the event that BIOMAKEUP's liability is established and retained due to damage suffered by the Client and exclusively to BIOMAKEUP, it is limited to the amount of the Order paid by the Client to BIOMAKEUP.

The User acknowledges that their use of the Site is at their own risk. The Site is provided "as is" and is accessible without any guarantee of availability and regularity. BIOMAKEUP 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 events beyond BIOMAKEUP's control and subject to maintenance periods, potential outages, technical hazards related to the nature of the network, or malicious acts or any damage to BIOMAKEUP's hardware or software.

BIOMAKEUP cannot, in any case, be held liable for any interruption of all or part of the Site regardless of the cause, duration, or frequency of this interruption.

The Site has the necessary technology as of today for its access and use, and the presence of potential viruses or other harmful elements introduced by any means or by any third party that may produce alterations in the User's computer systems cannot be excluded. BIOMAKEUP offers no guarantees, either explicit or implicit, regarding the operation of the Site, particularly any technical problems that may arise. BIOMAKEUP 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.

BIOMAKEUP's liability under the obligations of these CGVs 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 Client, or to the occurrence of a force majeure event as defined by French jurisdictions and Article 1218 of the Civil Code, or to any other event that has not been reasonably under the exclusive control of BIOMAKEUP. It is agreed that in the event BIOMAKEUP's liability is called into question, regardless of the basis and/or nature of the action, only direct and foreseeable damages may give rise to compensation. Thus, all indirect, consequential, and/or incidental damages, such as a business disruption, loss of clientele, etc., will not give rise to compensation in favor of the User. In any case, BIOMAKEUP's liability, in the event of damage caused to the Client, for any reason whatsoever, will be expressly limited and cannot in any case exceed the total amount excluding tax of the Client's Order made in the context of these.

The Client agrees to use the Products in strict compliance with the instructions for use provided by BIOMAKEUP. Accordingly, BIOMAKEUP cannot be held liable in the event of non-compliant use of the Products by the Client or a third party.

ARTICLE 9 - LEGAL GUARANTEE

In accordance with the provisions of the Consumer Code, the Products sold on the Site benefit from legal guarantees, namely the guarantee of conformity (Articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (Articles 1641 and following of the Civil Code), allowing Clients to return defective and non-compliant Products at no cost. Guarantee against hidden defects. In accordance with Articles 1641 and following of the Civil Code, BIOMAKEUP is liable for the guarantee regarding hidden defects of the Products sold that render them unfit or significantly affect the intended use. The Client may take action based on a hidden defect within a period of two years from the discovery of the defect. In the context of the legal guarantee of hidden defects, BIOMAKEUP, according to the Client's choice, undertakes, after assessing the defect, either: - to refund the entire price of the Product concerned; - to refund a portion of the price of the Product if the Client decides to keep it.

Legal guarantee of conformity. In accordance with Articles L.217-4 and following of the Consumer Code, BIOMAKEUP is required to deliver Products conforming to the Order of each Client, namely: - Products corresponding to the description given by BIOMAKEUP; - Products presenting the qualities that the Client can legitimately expect regarding the declarations of BIOMAKEUP. The Client may take action based on a defect in conformity within a period of two years from the delivery of the Products, it being understood that any defect in conformity appearing within a period of two years from the delivery is deemed to have existed since the delivery. In the context of the legal guarantee of conformity, BIOMAKEUP, according to the Client's choice, undertakes, after assessing the defect, either: - to refund the price of the Product concerned; - to exchange the Product for a Product conforming to their Order, if possible.

ARTICLE 10 - CLAIM - INFORMATION

Any complaint or request for information relating to these CGVs must be sent to the Customer Service by email at the following address: contact@fredmecene.com.

ARTICLE 11 - MISCELLANEOUS PROVISIONS

Partial Invalidity If one or more provisions of these CGVs are held to be invalid or declared as such in application of a law, regulation, or following a definitive decision of a competent jurisdiction, the other provisions will retain their full force and scope.

Non-Renunciation The fact that one Party does not invoke against the other Party a breach of any of the obligations referred to in the CGVs cannot be interpreted for the future as a waiver of the obligation in question.

Mediation In the event of a dispute relating to an Order, the Client must contact BIOMAKEUP as a priority to find an amicable solution, by email at contact@fredmecene.com. The referral to the mediator can only take place after the Client has made prior written steps with BIOMAKEUP. Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent extrajudicial resolution 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/.

Applicable Law and Jurisdiction These CGVs are governed by French law, unless otherwise provided by mandatory provisions. Failing an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these CGVs will be submitted to the competent courts of Paris, unless otherwise provided by mandatory provisions. It is specified that the deadlines for legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.