GENERAL CONDITIONS OF SALE AND USE

Last updated on: May 2024

We invite you to read our General Terms and Conditions of Sale ("GTC") before using our website, www.eau-exquise.fr, (the "Site") and/or making a purchase. Any online purchase implies full and complete acceptance of these GTC.

 

1. DEFINITIONS

Customer : means any user who purchases a Product through the Site.

Personal data : means all personal information relating to the Customer provided by the Customer when placing the Order.

Products : means the products available for sale on the Site

User : means any person accessing the Site whether or not they are a Client.

 

2. PURPOSE OF THE GTC

The purpose of these General Terms and Conditions is to define the conditions under which Users can access the Site, place Orders and manage relations with AGST DEVELOPPEMENT.

These General Terms and Conditions apply between the Client/user, consumer and non-professional, and the company AGST DEVELOPPEMENT whose head office is located at 18 quai Alphonse Le Gallo 92100 BOULOGNE BILLANCOURT, FRANCE, registered in the Nanterre Trade and Companies Register under number 902 272 582.

These T&Cs are subject to change. AGST DEVELOPPEMENT reserves the right to modify them at any time according to changes to the Site and/or regulations. The T&Cs in effect at the time the order is placed will be applicable to you, the Customer.

Any request for information may be addressed by the Customer or User directly to Customer Service:

– via the contact form available here ; contact@eau-exquise.fr

 

3. CUSTOMER ACCOUNT

In order to order on the Site, the User can create a customer account via the “Create an account” section or place an order without creating a customer account, as a guest.

Creating a Customer Account allows:

– to provide the User’s personal information in order to facilitate future purchases;

– to consult, modify and update his personal information;

– to identify yourself before placing an order;

– to track current orders, to view invoices for previous orders.

If the Customer places an order as a guest, he will have access to the tracking of his order by email. By ordering on the Site, the Customer confirms that he is an individual, and is purchasing the products for personal use in quantities corresponding to the usual needs of a consumer's household. Under no circumstances may the Site be used by professional seller "customers". AGST DEVELOPPEMENT reserves the right to refuse an order that is clearly validated by a professional customer.

The User is responsible for maintaining the confidentiality of his/her customer account and his/her identifiers and password, as well as for access restrictions to his/her computer or other equipment. As such, the User acknowledges being responsible for all activities emanating from his/her customer account. If the User suspects that his/her customer account is being used by a third party, it is recommended to change his/her password and contact AGST DEVELOPPEMENT to close the stolen customer account, if necessary. For any information on this subject, the User may consult the following page: "Resetting your password".

 

4. ORDER ON THE SITE

The Customer can order the Products directly on the Site.

Product and Price offers are valid as long as they are visible on the Site, within the limit of available stocks. In the event of commercial operations, the duration of the offer will be indicated on the Site and in the newsletters.

In order to place an order, the User or Customer must select the Products and the desired quantity and add it to the cart. At any time, the Customer can check the number of Products contained in his cart and obtain detailed information on each of them by clicking on "Cart".

After adding a first item to the cart, the Customer can continue shopping by clicking on "Continue shopping". Once the cart is finalized, it is advisable to:

– click on “finalize my order”,

– log in to your Customer Account or create the Customer account if applicable or continue as a guest,

– choose the delivery method and complete the delivery address

– choose the payment method,

– Read and accept all of the T&Cs,

– proceed to secure payment of the order; payment of the order implies full acceptance of these General Terms and Conditions;

– when the order is validated, the Customer receives an email confirming your order.

By placing an order, the Customer declares that they are at least 18 years old and have the legal capacity (or if they are a minor, to hold parental authorization to place your order).

Once the order is prepared, the Customer receives an email informing him of the shipment of the Products he has purchased and will then be able to follow the delivery status of his order from the tracking information contained in the email. If the Customer does not receive any email (neither confirmation nor shipment of his order), he can contact Customer Service to obtain more information.

AGST DEVELOPPEMENT reserves the right to cancel an order for a legitimate reason, and in particular, without this list being exhaustive, for the following legitimate reasons:

• when the Customer has been able to place his order but the Product ordered is in the meantime unavailable. the Customer is then informed as soon as possible and the amount of the item is refunded as soon as possible
• when a technical error appears during your payment;
• when a manifest error has crept into the product sheet (for example when there is an error in the essential characteristics of the product, or when a manifestly erroneous price is displayed);
• when AGST DEVELOPPEMENT notes fraudulent or abusive use of the Customer Account or related orders;
• when AGST DEVELOPPEMENT reasonably considers that the Client has breached these T&Cs.

 

5. PRICE

The prices of the Products are indicated on the Site in euros, all taxes included (TTC), excluding shipping costs (which are specified when the delivery method is chosen and selected by the Customer). They take into account the Value Added Tax (VAT) and any reductions applicable for commercial operations in force on the day of your order.

 

6. PAYMENT

Payment for the order is made directly online by bank card (CB, Visa, MasterCard), Apple Pay or Paypal.

After confirmation of payment by the payment provider, the Customer's account will be debited for the total amount of the order.

All transactions on the Site are secure and comply with the legal provisions in force: they take place within a strict framework of confidentiality and encryption of all User/Customer data at the payment service provider.

AGST DEVELOPPEMENT does not have access to the Client's personal data concerning their means of payment, in particular bank cards, and does not store them on its servers.

 

7. DELIVERY

Orders are delivered to mainland France (including Corsica), using the following delivery methods:

Standard delivery to a relay point (Mondial Relay): free delivery from an order of €29 including tax directly to the address of your choice in 3 to 7 working days.

For orders under €29 including tax, standard delivery to a relay point (Mondial Relay:

 

From 0 to 0.499g	From 0.500g to 0.999g
3.30€ incl. VAT	€3.55 incl. VAT

 

 

Standard home delivery (tracked letter or Colissimo): delivery to the address of your choice in 3 to 7 working days:

 

From 0 to 0.499g	From 0.500g to 0.999g	From 1kg to 2kg
€4.50 incl. VAT	€4.90 incl. VAT	5.80€ incl. VAT

 

 

The Customer can track the progress of their order upon receipt of the email confirming the shipment of their order with tracking information.

When placing your order, the delivery time for the Products ordered and purchased will be specified. Said time may be extended during busy periods.

In the event of a delay or absence of delivery, we invite you to contact Customer Service:

– via the contact form available here

 

8. RETURN, REFUND AND EXCHANGE TERMS

In order to facilitate the return of products, a maximum total period of 14 days is granted to the Customer from the receipt of their order to return the products under the conditions described below.

The products that the Customer wishes to return must be new, unopened, unused, unconsumed, and returned in their original packaging, or failing that, in packaging guaranteeing equivalent protection.

The order may be delivered in multiple packages. Returns can be made in a single package provided that all associated delivery notes are added.

Return by post is carried out in two stages:

– The Customer first has a withdrawal period of 14 days from the date of receipt of his order.

The Customer has the possibility to notify his withdrawal by completing a withdrawal form via the link here .

– He will then have a return period of 14 days from receipt of his order to return his package by post at his own expense.

Once the return has been verified by AGST DEVELOPPEMENT services, the Customer will receive a refund confirmation email.

AGST DEVELOPPEMENT undertakes to reimburse the Customer the amount corresponding to the returned product(s), as soon as possible and at the latest within 14 days following the date of receipt of the return.

The refund will be made directly to the account linked to the bank card used to pay for the order. The Customer will receive a refund confirmation email once it has been validated by AGST DEVELOPPEMENT. The Customer will be able to follow the progress of the Product return steps directly in their customer area, under "My orders", or in the "Order tracking" section if they placed an order as a guest.

 

9. PROMOTIONAL CODES / VOUCHERS

Vouchers can be used on all Products offered for sale on the Site. Vouchers cannot be combined with each other or with promotional codes.

Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers, can only be used once per Customer account and are not refundable upon exchange.

 

10. GUARANTEES

The products benefit from legal guarantees, i.e. the legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee of hidden defects (article 1641 et seq. of the Civil Code), allowing the Customer to return defective and non-compliant Products free of charge.

As seller, AGST DEVELOPPEMENT is liable for the warranty against hidden defects in the Products sold which render them unfit or significantly affect the use for which they are intended.

AGST DEVELOPPEMENT is also required to deliver Products that comply with the Customer's order, namely Products that correspond to the description given by AGST DEVELOPPEMENT and products that have the qualities that the Customer can legitimately expect in light of AGST DEVELOPPEMENT's declarations.

The legal guarantee of conformity and the guarantee of hidden defects cannot be applied in the event of misuse of the products or failure to comply with the conditions/recommendations for use of the products provided on our labels.

If you act under the legal guarantee of conformity, the Customer benefits from a period of two (2) years from delivery of the product to act and can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code, it being specified that any lack of conformity appearing within a period of two years from delivery is deemed to have existed from the time of delivery.

The Customer may decide to implement the guarantee of hidden defects within the meaning of Article 1641 of the Civil Code within two years from the discovery of the defect. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

11. YOUR PERSONAL DATA

Regarding the management of Personal Data, the Confidentiality Policy or the Cookie Charter are accessible via the following link: https://www.eau-exquise.fr/politique-de-confidentialite/

 

12. LIABILITY AND FORCE MAJEURE

AGST DEVELOPPEMENT undertakes to describe with the greatest accuracy the products offered for sale on the Site and to ensure, under the best possible conditions, the updating of the information disseminated there.

AGST DEVELOPPEMENT declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Order of Products.

In the event that AGST DEVELOPPEMENT's liability should be retained due to damage suffered by the Customer and due solely and exclusively to AGST DEVELOPPEMENT, this would be limited to the amount of the Order Paid by the Customer.

The user acknowledges that his use of the Site is at his own risk. The Site is provided to him as is and is accessible without any guarantee of availability and regularity.

AGST DEVELOPPEMENT will make its best efforts to make the Site accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of AGST DEVELOPPEMENT, subject to maintenance periods, possible breakdowns, technical hazards inherent to the nature of the network or malicious acts or any damage to AGST DEVELOPPEMENT's hardware or software.

AGST DEVELOPPEMENT cannot be held responsible for an interruption of all or part of the Site regardless of the cause, duration or frequency. AGST DEVELOPPEMENT reserves the right to modify, eliminate, limit, suspend or prohibit, partially or totally, at any time and without prior notice to the User, the configuration of the Site, the services or content offered and its access, definitively or not.

AGST DEVOPPEMENT shall not be held liable in the event that the non-performance of its obligations or a delay in the performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of a force majeure event as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of AGST DEVELOPPEMENT. In the event of the occurrence of a force majeure event, the execution of these General Terms and Conditions shall be suspended for as long as the force majeure event lasts and the execution and delivery times shall be extended accordingly.

It is agreed that in the event that its liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as for example a commercial disruption, loss of customers, etc., will not give rise to compensation for the benefit of the User. In any event, the liability of AGST DEVELOPPEMENT, in the event of any direct damage caused to the Customer, will be expressly limited and may not under any circumstances exceed the total amount excluding tax of the Order paid by the Customer.

Finally, the Customer undertakes to use the Products in strict compliance with the instructions for use provided by AGST DEVELOPPEMENT. Consequently, the latter cannot be held responsible in the event of non-compliant use of the Products by the Customer or a third party.

 

13. GENERAL PROVISIONS

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

The fact that one of the Parties does not assert against the other Party a breach of any of the obligations referred to in the General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

 

14. INFORMATION – COMPLAINT
    Information
    Any request for information relating to these General Terms and Conditions must be sent to Customer Service by email at the following address: contact@eau-exquise.fr

Mediation
In the event of a dispute relating to an Order, the Customer must first and foremost contact AGST DEVELOPPEMENT, in order to find an amicable solution, by email to the address contact@eau-exquise.fr

In the absence of an amicable solution with AGST DEVELOPPEMENT directly and in the event of persistence of the complaint, the Client may then contact the CMAP (Paris Mediation and Arbitration Center):

– Via the following form www.cmap.fr/consommateurs

– Or by post to the address CMAP – Consumer Mediation Service, 39 avenue Franklin Roosevelt, 75 008 Paris

It is specified that any request for mediation must indicate the subject of the dispute as well as the documents in the file so that it can be processed as quickly as possible.

Furthermore, pursuant to Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

Jurisdiction
In the absence of an amicable agreement, these General Terms and Conditions are governed by French law and whatever the origin of the conflict, disputes relating to the execution or interpretation of these General Terms and Conditions will be submitted to the competent courts of Paris.