Terms of Sales
PREAMBLE
The site www.lesenfantssages-skincare.com (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet. It is open to any user of this network (hereinafter referred to as “Internet user”).
It is published by the company Brands & Family, Sàrl with capital of 20,000 CHF whose head office is located Route de la Gare 6, 1163 Etoy, Switzerland registered in the Trade Register of the Canton of Vaud under number CH-550.1. 211.455-9 (hereinafter referred to as “good children”).
The Site allows Brands & Family Sàrl to offer cosmetic products (hereinafter referred to as the “Products”) for sale to Internet users browsing the Site (hereinafter referred to as “Users”). For the application of these terms, it is agreed that the User and Brands & Family Sàrl will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User having validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.
It is specified that the Products are intended for the personal use of the User, without any direct connection with the latter's professional activity.
The User who wishes to purchase on the Site declares to have full legal capacity. Brands & Family Sàrl cannot verify the legal capacity of the User or Buyer. Consequently, in the event that a Buyer who does not have legal capacity orders Products on the Site, his or her legal representatives should assume full responsibility for this purchase and in particular ensure payment.
Article 1: object
The purpose of these general conditions of sale is to define, exclusively due to the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. The Buyer declares to have read it prior to his order and the fact of ordering a product on the Site implies the Buyer's unreserved acceptance and his prior, full and complete adherence to these general conditions of sale and guarantees which take precedence over any other document, except under specific conditions expressly agreed to in writing by the Company Brands & Family Sàrl.
The Company Brands & Family Sàrl reserves the right to modify these general conditions of sale at any time, the general conditions of sale applicable to any order being those accepted by the Buyer at the time of validation of his order.
These general conditions of sale are supplemented by the Privacy Policy.
Article 2 - PRODUCTS - PRICE - VAT
2.1. Products
The Products offered for sale by the Company Brands & Family Sàrl are those which appear on the Site, on the day of consultation of the Site by the User, and within the limits of available stocks. Photographs illustrating the Products do not fall within the contractual scope.
2.2. Price
The prices of the Products are indicated in:
- Swiss francs (CHF) for customers based in Switzerland,
- Euros (€) for customers based in Germany, Belgium, Spain, France, Luxembourg, Netherlands,
- Danish Krone (DKK) for customers based in Denmark,
- Swedish Krona (SEK) for customers based in Sweden.
They take into account the VAT applicable on the day of the order.
Brands & Family Sàrl reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration of the order, subject however to the availability of said Products.
Shipping costs are charged extra. This fixed amount of shipping costs will be applied and indicated prior to the final validation of the order by the Buyer. It includes customs taxes.
The products remain the property of Brands & Family Sàrl until full payment of the price.
Any promotional offers are valid as long as they are announced on the Site.
2.3. VAT
In accordance with current legislation, the VAT collected on sales is remitted in Switzerland with the exception of sales made to a Buyer residing in the following countries, for which the VAT is remitted locally:
Germany
Belgium
Denmark
Spain
France
Luxembourg
The Netherlands
Sweden
Article 3 - ORDER
3.1. Navigation within the Site
The User can freely browse the different pages of the Site, without being committed to an order.
3.2. Availability of Products
When browsing, the User is informed of the availability of the Products on the Site by the following information:
- The User can add the Product to their basket when the Product is available.
- The User cannot add the Product to their basket when the words “Available soon” are visible on the Site if the Product is temporarily out of stock.
- The User cannot add the Product to their basket if no mention appears, the Product is not/no longer available for sale.
The Products are offered while stocks last. In the event of unavailability of the Product after validation of the order, the Buyer will be informed as soon as possible by email.
In the event of a short-term out of stock, Brands & Family Sàrl reserves the right to delay shipment for a few days, while the Product is restocked.
In the event of payment for Products that are definitively sold out, and cancellation of the order, the amounts paid will be refunded.
3.3. Registering an order
If the User wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on the “add to cart” box.
At any time, the User can obtain a summary of the Products he has selected or modify his order, by clicking on the basket.
A summary of your order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the User can continue his order by clicking on: “place order”. The User must then identify themselves, either by entering their email address and password, if they are already a customer with a customer account, or by accurately completing the form made available to them, on which it will include the information necessary for its identification and in particular its: first name, last name, billing address, delivery address, email address, telephone number.
The User is informed and accepts that entering any identifier constitutes proof of his identity and demonstrates his consent.
The User can during the order process modify and correct data entered such as the composition of the basket, the delivery address and invoicing before final validation of the order.
3.4. Final validation of the order - Payment security
After having read the status of their order, and once all the requested information has been provided by the User, they will choose the payment method they wish to use to pay for their order. The latter must click on “Check order” in order to definitively confirm their order.
The User can pay for their purchases with the following payment methods.
Country / Payment platform / Accepted payment methods
- Germany / Shopify Payments, Visa, Mastercard, American Express
- Belgium / Shopify Payments, Visa, Mastercard, American Express
- Denmark / Shopify Payments, Visa, Mastercard, American Express
- Spain / Shopify Payments, Visa, Mastercard, American Express
- France / Shopify Payments, Visa, Mastercard, American Express
- Luxembourg / Shopify Payments, Visa, Mastercard, American Express
- Netherlands / Shopify Payments, Visa, Mastercard, American Express
- Sweden / Shopify Payments, Visa, Mastercard, American Express
- Switzerland / Shopify Payments, Visa, Mastercard, American Express, Twint
All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. These certifications guarantee that the operational processes and technical solutions used by Shopify Payments meet the most demanding criteria in terms of securing exchanges and protecting banking data. At no time will the User's banking data pass through the Brands & Family Sàrl computer system.
An order is deemed to have been placed on the site, and the User's offer to contract is firm, when the latter has accepted the general conditions of sale and validated their payment by clicking on "Pay now", the "click" constituting unreserved acceptance of the order by the Buyer.
As soon as payment is validated, the order is recorded and becomes irrevocable, without prejudice to its right of withdrawal (the terms of which are described below). The User then becomes a Buyer. The purchase order is recorded in the computer records of Brands & Family Sàrl, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
The Buyer guarantees that he is fully authorized to use the payment card used, that the latter is valid and provides access to sufficient funds to cover all costs necessary to pay for the order.
The sale will only be concluded after Brands & Family Sàrl has sent the Buyer confirmation of the order and the latter has received the full price.
3.5. Order confirmation
When the Buyer has validated his payment, a summary of the order will be sent to him electronically, to the email address entered by the Buyer at the time of his identification, prior to placing the order. In the event of an error in entering the email address or more generally non-receipt of the order summary, the Brands & Family Sàrl Company cannot be held liable.
This order confirmation will summarize the following elements: the order number, the Product(s) ordered, the amount of the order, the amount of delivery costs and taxes, the delivery and billing addresses , the shipping method, the email address on which the Buyer can submit complaints or ask any questions relating to their order.
If confirmation of the order does not arrive within 24 hours of formalizing the order, the Buyer can contact our Customer Service via the Contact form or by sending an email to hello@lesenfantssages-skincare.com . Likewise, if the Buyer has a question about previous orders, he can contact the Company Brands & Family Sàrl via this same form or by sending an email to hello@lesenfantssages-skincare.com .
The Buyer, who has created his customer account, will be able to follow his order(s) in the “My Account/My Orders” space provided for this purpose.
Despite the above, Brands & Family Sàrl reserves the right to cancel any order from a buyer with whom there is a previous payment dispute or for any other legitimate reason taking into account, in particular, the abnormal nature of the order. . Any fraudulent order or suspected as such will be considered by Brands & Family Sàrl as null and void.
Article 4 - SHIPPING AND DELIVERY
4.1. Delivery costs and times
The order will be executed within a maximum period of five (5) working days (excluding Saturday, Sunday and public holidays) from the same day of validation by the Buyer of their order.
As an indication, delivery (excluding preparation time) will be made between two to five (2 to 5) working days for standard delivery in Switzerland. Deliveries outside Switzerland are made within five to ten (5 to 10) working days after dispatch of the order.
This estimated delivery time will be indicated in the order confirmation.
A shipping confirmation email will be sent to the Buyer as soon as the package is shipped, and a link in the body of the email allows them to follow the progress of the delivery.
If the Buyer has created a customer account, he will also be able to have this delivery tracking through the “My Orders” menu, then by selecting the order, using the “Track package delivery” menu.
List of delivery areas and prices
Delivery to Switzerland:
Weight >> Shipping method >> Delivery time >> Price
From 0 to 2 kg >> PostPac Economy >> 2-3 working days >> 8.50 CHF
From 0 to 2 kg >> PostPac Priority >> 1-2 working days >> 10.50 CHF
From 2 to 10 kg >> PostPac Economy >> 2-3 working days >> 11.50 CHF
From 2 to 10 kg >> PostPac Priority >> 1-2 working days >> 13.50 CHF
Delivery in Europe:
International deliveries are provided by UPS to the following countries:
Germany, Belgium, Denmark, Spain, Metropolitan France, Luxembourg, Netherlands, Sweden.
Prices are considered all taxes included.
Customs duties and taxes are calculated at checkout and included in the delivery rate.
In the event of exceptional periods (holidays, trade fairs and professional events), preparation and delivery times may be extended.
Brands & Family Sàrl will not be held to its obligations in the event of incorrect or missing mention in the delivery address or in the identity of the buyer during the entry made by the latter; and declines all liability in the event of non-delivery or delay in delivery due to a case of force majeure, the fault of a third party or a fault attributable to the Buyer. In the event of a delay in delivery, the Buyer must report this delay as quickly as possible to Brands & Family Sàrl via the Contact form or by sending an email to hello@lesenfantssages-skincare.com , indicating the order number.
4.2. Delivery terms
Upon receipt of the Products ordered, the Buyer must check the conformity of these Products. Any anomaly concerning delivery (missing or broken product, damaged package, etc.) must be reported by the Buyer and must be notified, at the latest fourteen (14) clear days following receipt, by sending an email to hello @lesenfantssages-skincare.com , accompanied by the order number and a photo of the incomplete or damaged order. Any complaint made after this deadline will be rejected and Brands & Family Sàrl will be released from all liability.
In the event of an anomaly relating to the package or the Product(s), and after having reported it to Brands & Family Sàrl within the period mentioned above, the Buyer must return it(ies) to their packaging and its(their) original packaging according to the conditions of article 5 “Right of withdrawal” defined below and within fourteen (14) clear days from receipt of the order. This return must be accompanied by the return form to be printed via the Site and completed in full.
Brands & Family Sàrl reserves the right to check the returned Product(s), to study the reason for the request and therefore to proceed or not to replace the Product(s) free of charge without that no compensation is due. In the event of unavailability of the Product ordered, the Buyer will be informed of this unavailability. The latter will be reimbursed at the latest within thirty (30) days of payment of the amounts he has paid.
Article 5 - RIGHT OF WITHDRAWAL AND RETURNS
The Buyer has a period of fourteen (14) clear days to inform Brands & Family Sàrl of his wish to withdraw. This period runs from the day of receipt of the order. The Buyer, to exercise this right of withdrawal, must, within this period, inform Brands & Family Sàrl of his decision to withdraw by email to the address: hello@lesenfantssages-skincare.com .
The Buyer can use the return form for a wise children order accessible here .
Returns (due to exercising the right of withdrawal) must in all cases be made in their original packaging and in perfect resalable condition.
The Buyer must then return, at his own expense, the packaged Product(s) no later than fourteen (14) days following communication of his decision to withdraw, to the following address:
BRANDS & FAMILY SÀRL
STATION ROAD 6
1163 ETOY
SWISS
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
For reasons of hygiene and health, Products returned unsealed (which have been opened by the Buyer after delivery) cannot be subject to a right of withdrawal and therefore a refund.
If the aforementioned conditions are met, Brands & Family Sàrl will reimburse the Buyer for all sums paid by the Buyer, as soon as possible and at the latest within thirty (30) days following the date on which Brands & Family Sàrl has been informed of the Buyer's decision to withdraw. Brands & Family Sàrl reserves the right to defer reimbursement until recovery of the Product(s).
Delivery costs, initial shipping costs and return costs, remain the responsibility of the Buyer.
If the Buyer changes his mind and wishes to exchange an ordered Product for a new product, he must, under his right of withdrawal, return the Product. This will be refunded but not exchanged. To have a new Product, the Buyer must place a new order on www.lesenfantssages.com .
Article 6 - LEGAL GUARANTEES
The Products supplied by the Company Brands & Family Sàrl benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
to the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order at the time of delivery of the Product(s),
to the legal guarantee against hidden defects arising from the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Buyer would not have acquired it, or would not have given only a lower price, if he had known about them.
The Buyer is informed that the guarantor of the conformity of the goods is the Company Brands & Family Sàrl, located Route de la Gare 6, 1163 ETOY, Switzerland.
As part of the legal guarantee of conformity (article 210 of the Code of Obligations), it is recalled that the Buyer:
- benefits from a period of two (2) years from the delivery of the goods to take action against the Company Brands & Family Sàrl;
- may choose between replacement or reimbursement of the Product(s), thus, the seller may not proceed according to the Buyer's choice if this choice results in a cost that is clearly disproportionate with regard to the other modality, taking into account given the value of the property or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Buyer.
- is exempt from providing proof of the existence of the lack of conformity of the goods which is presumed to exist during the twenty-four months following delivery of the Product, unless proven otherwise.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.
The Buyer may also decide to implement the guarantee against hidden product defects; in this case, he can choose between canceling the sale or reducing the sale price.
The liability of Brands & Family Sàrl is systematically limited to the value of the Product in question, value on its date of sale and without possibility of recourse against the brand or the company producing the Product. The liability of Brands & Family Sàrl and the guarantee are excluded in the event of a defect resulting from the use of the Product by the Buyer and in particular from use not in accordance with the use for which the Product is intended.
Article 7 - SUBSCRIBE TO THE NEWSLETTER
By accepting these general conditions of sale when subscribing to the Newsletter, the User authorizes the Company Brands & Family Sàrl to send them emails to the address they have provided, in particular when creating their customer account. . Unsubscribing from the Newsletter is possible at any time by making a request via the Contact form or by sending an email to hello@lesenfantssages-skincare.com .
Article 8 - DEACTIVATION OF CUSTOMER ACCOUNT
In the event of non-compliance with the obligations arising from acceptance of these general conditions of sale, incidents of payment of the price of an Order, provision of incorrect information when creating the customer account or acts likely to harm the interests of the Company, Brands & Family Sàrl reserves the right to suspend access to the lesenfantssages-skincare.com service, depending on the seriousness of the acts, to terminate the User's customer account. Brands & Family Sàrl also reserves the right to refuse to contract with a Buyer who has been excluded or sanctioned for such actions.
Article 9 - RESPONSIBILITIES
Brands & Family Sàrl cannot be held responsible for the non-execution of the order in the event of stock shortage or unavailability of products due to a case of force majeure as defined by Swiss and European case law and jurisdictions. .
Brands & Family Sàrl cannot be held responsible, particularly in the event that the products have not been properly chosen or used. Any defect or poor workmanship recognized after contradictory examination only obliges Brands & Family Sàrl to replace, free of charge, or reimburse the products recognized as defective.
Brands & Family Sàrl cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Site and although it uses all its means to permanently ensure the service, it may be that this may be interrupted at any time. In addition, the Company Brands & Family Sàrl reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.
Likewise, the liability of Brands & Family Sàrl under the obligations of these general conditions of sale cannot be engaged in the event of damage resulting from the use of the Internet network such as viruses, intrusion, loss of data. , interruption of internet service.
As previously mentioned herein, Brands & Family Sàrl cannot under any circumstances be held responsible for delivery delays caused by a case of force majeure as defined by current legislation.
Brands & Family Sàrl is not responsible in the event of failure of the carrier in the delivery of the Products, a failure which is attributable exclusively to the carrier.
Brands & Family Sàrl strives to update the content of the Site and provide Users with accurate information. However, Brands & Family Sàrl cannot guarantee the accuracy, precision or completeness of the data appearing on the Site. Brands & Family Sàrl declines all responsibility for any inaccuracy or omission relating to data available on the Site as well as for any damage resulting from fraudulent intrusion by a third party leading to a modification of said data. In the event of non-essential differences between the photos presenting the products on the Site, texts and illustrations and the products ordered, Brands & Family Sàrl cannot be held liable. Any error or omission must be notified to the following email address: hello@lesenfantssages-skincare.com .
Article 10 - PERSONAL DATA
The Company Brand& Family Sàrl respects the concerns of Users regarding the protection of their privacy and their personal data.
Personal data is collected and processed by Brand& Family Sàrl. In the context of online sales, the provision of certain personal data is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
Failure to provide information implies automatic rejection of the order. Certain data may also be used to send Users information and/or promotional offers on the brand's products.
In accordance with the Federal Data Protection Law (LPD) and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him.
The Buyer also has the right to formulate and communicate directives relating to the fate of his personal data after his death and to lodge a complaint with a competent authority. To exercise one or more of these rights, the Buyer must make a request by email to the address: hello@lesenfantssages-skincare.com .
All of Brands & Family Sàrl's commitments regarding the protection of personal data are available on the Privacy Policy page.
Article 11 - ENTIRE AGREEMENT
These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, these general conditions of sale will prevail.
Article 12 - INTELLECTUAL PROPERTY
The Les Enfants Sages brand, the Site, as well as all the elements which compose it (such as, in particular, brands, logos, photographs, images, illustrations, texts, slogans, video, structure of the Site) are the exclusive property of the Company Brands & Family Sàrl, the only company authorized to use the intellectual property rights and personality rights relating thereto, or the holder of the intellectual property rights concerned.
Any reproduction and/or full or partial representation, use, adaptation or modification of the Site or any of the elements which compose it, on any medium whatsoever and in any form whatsoever, is expressly prohibited and will expose the infringing civil and criminal proceedings, unless prior written authorization is given by Brands & Family Sàrl (which may require financial compensation).
The creation of hypertext links to the Site can only be carried out with the prior written authorization of the Company Brands & Family Sàrl.
Generally speaking, no provision of these General Terms and Conditions may be interpreted as conferring on the User, expressly or implicitly, any right (under the terms of a license or by any other means) over the names, brands, acronyms , logos and other distinctive signs of Brands & Family Sàrl, with the exception of the rights held by suppliers and possible partners of Brands & Family Sàrl on the visuals of their Products, on their brands and logos present on the Site.
Article 13 - LINKS AND THIRD PARTY WEBSITES
Brands & Family Sàrl is not responsible for the content of any site having a link on or to the Site. The use of a link to any other site is entirely at the User's risk. On its Site, Brands & Family Sàrl may possibly provide links to other sites, but these links are only included for the convenience of the User. Brands & Family Sàrl cannot be held responsible, directly or indirectly, for the accuracy, validity, relevance, legality or otherwise of any information or documents contained on these third party sites.
Article 14 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
Brands & Family Sàrl reserves the right to modify the Site, the general conditions of sale as well as any delivery procedure or other elements constituting the services provided by the Company through this Site. The modification of the general conditions of sale will come into force from the date indicated on the Site.
Article 15 - APPLICABLE LAW
These general conditions of sale and the operations resulting from them are governed by Swiss law and subject to the jurisdiction of the courts of the Canton of Vaud (Switzerland).
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 16 - DISPUTES
Any dispute concerning the content or use of the Site will be governed by Swiss law and the ordinary courts of the Canton of Vaud (Switzerland) will have exclusive jurisdiction to resolve said disputes.
Last updated: November 10, 2023