Update date: September 27, 2021
1. APPLICATION OF GENERAL CONDITIONS
These general conditions of sale (hereinafter the ” T & Cs “) govern, without restriction or reservation, all sales of products (hereinafter the “Products”) made on the merchant website available at following URL address: ingredientsecret.com (hereinafter the “Site”) between the company BRAIN FOR BEAUTY SASU, registered at the RCS of Paris under the number 881 961 502, having its registered office at 9 rue Jean-François Gerbillon , 75006 Paris, France (hereinafter “BRAIN FOR BEAUTY”) and any major consumer within the meaning of French law and case law (hereinafter the “Customer”).
These T & Cs are reserved for individual Customers and are not applicable to professional buyers, platforms, purchasing groups, and other stakeholders wishing to purchase the Products with a view to their resale to consumers in France or abroad. The latter are invited to contact BRAIN FOR BEAUTY via the professional contact form tab on the Website.
BRAIN FOR BEAUTY reserves the right to adapt or modify unilaterally at any time and without notice these T & Cs. The version of the T & Cs applicable to the sales of Products is the one appearing on the Website on the date of the ordering of Products by the Customer. These T & Cs are written in French. Any English language translation on the BRAIN FOR BEAUTY Website is for informational purposes only, the French version prevailing in all cases.
1.2. Acceptance of the T & Cs:
These T & Cs are accessible to Customers and more generally to any Internet user directly by clicking on the ” T & Cs ” link on all pages of the Website. Any order placed on the Website is subject to consultation and prior and unreserved acceptance of the T & Cs by the Customer. The order of Products by the Customer therefore implies full and unreserved acceptance by the latter of the T & Cs. No particular condition can prevail over these T & Cs.
2. DESCRIPTION AND AVAILABILITY OF PRODUCTS
2.1. Description of the Products:
BRAIN FOR BEAUTY offers the Customer to order and acquire its range of nutricosmetics and dermocosmetic products more fully described on the Website. The Products available for sale online are those which appear on the Website on the day of the order. Information relating to the essential characteristics of each Product is accessible on the Website (photographs, description of the Products, composition, advice on use, etc.). The characteristics and visuals are non-contractual but are as faithful as possible. They cannot ensure a perfect similarity with the Product.
2.2. Availability of Products:
BRAIN FOR BEAUTY reserves the right to withdraw at any time one or more Product (s) presented for sale and to replace or modify any information relating to the Products. Orders will be honored within the limits of available stocks. In the event of unavailability of the Products, BRAIN FOR BEAUTY undertakes to inform the Customer as soon as possible by email to the address indicated by the Customer when placing his order on the Website. The Customer may choose another Product or cancel their order and receive a refund. The Customer may also subscribe to an alert in order to be informed by email of the return to availability of a Product, to the address provided by the Customer for this purpose.
3. PRICE OF PRODUCTS
The prices of the Products invoiced are those appearing on the Website on the day of the order by the Customer. The prices are indicated in euros all taxes included (TTC).
Prices are shown excluding shipping costs. These shipping costs are communicated to the Customer before validation by the Customer of his order on the Website. Shipping costs are calculated according to the delivery method chosen by the Customer.
The prices of the Products do not in any way constitute offers likely to engage BRAIN FOR BEAUTY beyond the date on which the order was placed. BRAIN FOR BEAUTY reserves the right to modify its prices at any time and without notice.
4. PRODUCT ORDERS
4.1. Customer Account:
In order to order Products on the Website, the Customer can create a Customer account (hereinafter, “Customer Account”) by checking the box “Create an Account? » or place an order without creating a Customer Account.
If the Customer wishes to create a Customer Account, this registration is carried out by filling in an online form which is offered to him for his identification data (First name, Last name, Country, Number and street, Zip code, City, Phone, Mail, Password). The identification data are entered by the Customer under his full responsibility, control and direction and the Customer undertakes to communicate to the Website full information, not to mask or change his age and not to usurp the identity of a third. The Customer receives a registration confirmation email. The Customer Account is strictly personal and confidential and allows the Customer to identify himself before placing and validating each order. The Customer agrees to keep his identification data secret and not to disclose it to third parties. BRAIN FOR BEAUTY cannot be held responsible for any breach by a third party of the Customer Account due to the transmission by the Customer of his identification information to a third party or due to the Customer’s negligence in this regard.
Placing an order on the Website is subject to compliance with the procedure set up by BRAIN FOR BEAUTY comprising successive steps leading to the validation of the order.
4.2. Ordering of Products:
Placing an order on the Website is open to any individual Customer, regardless of their country of residence. It is subject to compliance with the procedure set up by BRAIN FOR BEAUTY comprising successive steps leading to the validation of the order. In order to place an order for Products on the Website, the Customer must select in the “Products” tab, the Product (s) he wishes to purchase. He accesses a second page comprising a description of the Product (s) and allowing him to select the number of Products desired and add them to the electronic basket (hereinafter, the “Basket”) by clicking on the “Add to basket” button. The Basket summarizes all the Products selected by the Customer, the price of these Products, the applicable VAT and any related costs. The Basket can be modified at any time by the Customer who can freely check the Products contained in his Basket, add or remove Products.
The Customer can continue to purchase Products by returning to the online store page or complete his order by clicking on the “Confirm order” button which is displayed at the bottom of the Basket (1st click). In this case, a summary order form is displayed summarizing all the order information relating to the quantities of Products selected, the price of the Products and any related shipping costs.
The Customer is then invited to provide their first name, last name, email address, telephone number, billing address, the delivery address of the Products (if different from the billing address) and the delivery method chosen from the options possibly offered by BRAIN FOR BEAUTY. The Customer is also invited to choose his method of payment and enter his bank details.
To definitively validate his order and proceed to payment of the price of the Products, the Customer must check the box “I have read and accept the Terms and Conditions” and then click on “Pay”.
4.3. Payment for Products:
The Products are payable in full on the day of the order by Visa, Mastercard or American express credit card. No order for Products will be delivered to the Customer before full payment of the price of the Products evidenced by the receipt by BRAIN FOR BEAUTY of an acknowledgment of receipt of payment for the Products.
Payment is made through Axepta Online of BNP Paribas secure payment interface, so as to protect as effectively as possible all data relating to the means of payment.
The website www.ingredientsecret.com is completely secure and ensures total confidentiality of information transmitted by the customer. Bank transactions benefit from the 3D Secure payment tool, which authenticates the cardholder and protects against fraudulent use.
The Customer can access the general conditions of use of this interface here by clicking on the following links: https://www.axepta.be/fr/cgu/
Any guarantee as to the security of these systems is entirely the responsibility of Axepta Online of BNP Paribas and cannot be attributed to BRAIN FOR BEAUTY.
At no time will the Customer’s bank details be transmitted to a third party. The Customer expressly acknowledges that the communication of his bank card number on the secure payment interface constitutes authorization to debit his bank account up to the price invoiced.
5. ORDER CONFIRMATION AND CANCELLATION
5.1. Order confirmation:
After payment made by the Customer and validated by BRAIN FOR BEAUTY, BRAIN FOR BEAUTY will send the Customer by email the order confirmation summarizing the Products ordered, the price of the Products, any shipping costs of the Products, contact details of BRAIN FOR BEAUTY. The T & Cs at the time of the sale and the withdrawal form are available on the Website. The order confirmation summarizes the purpose and terms of the sale. It constitutes proof of the entirety of the order and of the exigibility of the sums due in execution of the order and forms the sales agreement concluded between the parties.
5.2. Cancellation of the order by BRAIN FOR BEAUTY:
In the event of refusal of payment authorization reported by the Customer’s bank, the order for Products will be canceled by BRAIN FOR BEAUTY.
BRAIN FOR BEAUTY reserves the right not to confirm an order for legitimate reasons such as a problem relating to the order received, the quantity ordered suggesting that the Customer is not an individual, or the information provided by the Customer allowing delivery (for example no delivery address). In the event of a Product being out of stock, BRAIN FOR BEAUTY will keep the Customer informed as soon as possible by email to the address indicated by the Customer when placing their order on the Website. In the event of cancellation of an order by BRAIN FOR BEAUTY, the Customer will be reimbursed for the amounts already paid.
5.3. Cancellation of the order by the Customer:
The Customer may not modify or cancel the order of Products after it has been confirmed by BRAIN FOR BEAUTY. However, the Customer retains the right to exercise his right of withdrawal under the conditions defined herein.
6. DELIVERY OF PRODUCTS
6.1. Concept of Delivery:
Delivery means the transfer to the Customer of physical possession of the Products in application of Article L216-1 of the Consumer Code (hereinafter “Delivery”).
6.2. Delivery Times:
BRAIN FOR BEAUTY undertakes to process the order and ship the Products to the Customer within the following times (in clear days):
- The same day for any order placed before 12 noon, Paris time
- The next day for any order placed after 12 noon, Paris time
In order for these shipping deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address. BRAIN FOR BEAUTY cannot be held responsible for the delay in delivery of the Products due to a case of force majeure as defined by law or case law in force.
If the Delivery of the Products occurs more than thirty (30) clear days from the order confirmation, the Customer will be free to cancel the order and request reimbursement of the price of the Products and the related costs, by contacting the service. BRAIN FOR BEAUTY customer by email (email@example.com), in application of articles L216- 2 of the Consumer Code. The order will be considered canceled upon receipt by BRAIN FOR BEAUTY of the Customer’s cancellation notification, unless Delivery has taken place in the meantime or this delay is due to an event of force majeure.
6.3. Place of delivery of the Products and transfer of risk:
The Products are delivered to the Delivery address indicated by the Customer when placing the order. The Products are transported at the risk and peril of BRAIN FOR BEAUTY until Delivery. From the delivery, the risks of loss or damage are the responsibility of the Customer.
7. WITHDRAWAL PERIOD
The Customer has a right of withdrawal of fourteen (14) calendar days from the delivery of the Products, without having to justify his decision or pay penalties, in compliance with the provisions of article L221-18 of the Code. of consumption.
The Customer will inform BRAIN FOR BEAUTY of the exercise of his right of withdrawal within the aforementioned period by means of the withdrawal form accessible directly on the Website. The BRAIN FOR BEAUTY consumer service will acknowledge receipt of the withdrawal, and will send by email the return terms for sending and tracking the package, as well as a return slip. The return shipping costs are the responsibility of the Customer.
The Products must be sent according to the terms communicated by BRAIN FOR BEAUTY in perfect condition, in their original and complete packaging (ie: instructions) with the original invoice at the latest within fourteen (14) days following the communication to BRAIN FOR BEAUTY of its decision to withdraw under the conditions of article L221- 23 of the Consumer Code. If BRAIN FOR BEAUTY finds even partial depreciation of the Products returned by the Customer resulting from use or handling other than that necessary to establish the nature and characteristics of the Products and in particular that a product has been opened or used, BRAIN FOR BEAUTY reserves the right to refuse reimbursement of Products. In this case, the Products in question will be returned to the Customer by BRAIN FOR BEAUTY, at the Customer’s expense.
If the reimbursement is accepted, BRAIN FOR BEAUTY undertakes to reimburse the Customer for the full price of the Products (with the exception of delivery costs) at the latest within fourteen (14) clear days from the date on which BRAIN FOR BEAUTY is informed of the Customer’s decision to withdraw, under the conditions of articles L221-19 and L221-24 of the Consumer Code. However, in the event that the Products are collected at a later date, BRAIN FOR BEAUTY will defer the reimbursement to the date of recovery of the Products or until the Customer has provided proof of shipment of these Products. Orders will be reimbursed using the bank card used for payment via the Axepta Online interface of BNP Paribas, at no cost to the Customer.
8. GUARANTEE AND CONFORMITY OF THE PRODUCTS
BRAIN FOR BEAUTY is liable for any lack of conformity of the Products under the conditions of articles L217‐4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided for in articles 1641 and following of the Civil Code.
8.1. Legal guarantee of conformity:
BRAIN FOR BEAUTY undertakes to deliver to the Customer Products conforming to the order confirmation, that is to say specific to the use usually expected of a similar product or having the defined characteristics of a by mutual agreement between the parties or specific to any special use sought by the Customer brought to the attention of BRAIN FOR BEAUTY and accepted by the latter. BRAIN FOR BEAUTY responds to any lack of conformity existing during the delivery of the Products
If the Customer finds a lack of conformity of the Products, the Customer must notify BRAIN FOR BEAUTY of a complaint by email to firstname.lastname@example.org within two (2) years from the date of Delivery. The Customer must return the Products to BRAIN FOR BEAUTY in accordance with the Terms and Conditions provided for in their prior exchanges as soon as possible from the date of his complaint, at no cost to the Customer.
REMINDER OF APPLICABLE PROVISIONS:
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years to act from the delivery of the goods;
- may choose between repairing or replacing the goods, subject to certain cost conditions provided for in articles L217-9 et seq. Of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Article L217-4 of the Consumer Code:
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code:
The good conforms to the contract:
- If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity lapses two years after delivery of the goods.
8.2. Legal warranty against hidden defects:
BRAIN FOR BEAUTY guarantees that the Products are free from hidden defects within the meaning of the provisions of article 1641 of the Civil Code, rendering the Products unfit for the use for which they are intended or which reduce this use so much that the Customer would not have them acquired or would have given only a lower price if he had known them. If the Customer finds a hidden defect in the Products, the Customer must notify BRAIN FOR BEAUTY within two (2) years of the discovery of said hidden defect, by emailing contact @ ingredientsecret.com. The Customer must return the Products to BRAIN FOR BEAUTY according to the terms specified in their exchanges as soon as possible from the date of his complaint, at no cost to the Customer.
Article L217-13 of the Consumer Code:
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item 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 has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 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.
Article 1648 of the Civil Code:
The action resulting from crippling defects must be brought by the purchaser within two years of discovery of the defect.
9. LIMITATION OF LIABILITY
BRAIN FOR BEAUTY cannot be held liable in the event of non-performance or improper performance of the contract due either to the fact of the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to an event having the character of force majeure.
In terms of cross-border orders, BRAIN FOR BEAUTY cannot be held liable for non-compliance of the Products with the legislation of the country of the consumer to whom it is the responsibility of verifying whether the Products are not prohibited for sale in his country.
The responsibility of BRAIN FOR BEAUTY is expressly excluded, which the Customer acknowledges in the event of (i) improper use of the Products by the Customer or non-compliance with the recommendations for use, (ii) lack of result in the ” resulting from the use of the Products, (iii) use of the Products beyond their expiry dates mentioned on the packaging, and (iv) indirect, consequential or immaterial damage suffered by the Customer.
BRAIN FOR BEAUTY only has an obligation of means for all stages of access to the Website or the ordering process. The responsibility of BRAIN FOR BEAUTY is expressly excluded, which the Customer acknowledges, for any inconvenience or damage inherent in the use of the Internet network.
10. INTELLECTUAL PROPERTY
The brands, logos, documents, domain names, images, videos, texts, know-how and more generally any other information subject to intellectual property rights in connection with the Products are and remain the exclusive property of BRAIN FOR BEAUTY. No assignment of intellectual property rights is made through these T & Cs.
The Customer recognizes and accepts in particular that the Products are the subject of intellectual property rights.
The Customer may not mention or use the brands, logos, domain names, images, videos, texts, know-how and any other intellectual property right belonging to BRAIN FOR BEAUTY without the express, written and prior authorization. by BRAIN FOR BEAUTY. In this regard, BRAIN FOR BEAUTY reserves the right to oppose, stop and seek compensation for any use of its intellectual property rights that it considers to be infringing, unfair, constituting acts of parasitism or contrary to its image or rights that it would have granted.
11. PROTECTION OF PERSONAL DATA
11.1. The terms “Personal Data”, “Processing”, “Data Controller”, “Data Subjects”, “Subcontractor”, “Supervisory Authority” have the definition given to these terms in the article. 4 of European Regulation n ° 2016/679 of April 27, 2016 (hereinafter the “GDPR”).
The Personal Data collected from the Customer is necessary to fulfill orders for Products and communicate with the Customer, including, if the latter has given his consent, for commercial prospecting purposes. This processing is based on the execution of the contract for the sale of the Products and, for commercial prospecting by electronic means, on your consent.
11.3. The Personal Data collected is mainly intended for the use of BRAIN FOR BEAUTY and will only be accessible to BRAIN FOR BEAUTY employees who need to access it in the course of their duties. However, due to the very nature of the missions entrusted to BRAIN FOR BEAUTY, they may also be accessible by third-party service providers, acting as Sub-contractors, in particular to perform hosting, storage, analysis, communication, data processing, database management and IT maintenance. These Processors only act on instructions from BRAIN FOR BEAUTY and will only have access to the Personal Data of the Persons Concerned to perform these services and will be bound by the same security and confidentiality obligations.
11.4. The Customer’s Personal Data is currently hosted and processed in the territory of the European Union. They will be kept for the duration of the contractual relationship and for the applicable limitation periods.
11.5. During this period, BRAIN FOR BEAUTY implements measures ensuring the security of Personal Data, in particular against any unauthorized access or erasure.
11.6. In accordance with the Applicable Regulations, the Customer has the right to access, rectify and delete all or part of the Personal Data concerning him. The Customer also benefits from a right of opposition, a right to limit the processing and portability of Personal Data. For Processing based on the collection of consent, the Client can withdraw his consent at any time. The Client also has the right to send BRAIN FOR BEAUTY special instructions relating to the fate of his Personal Data after his death. The Customer can exercise these rights on simple request by e-mail to the address email@example.com or by mail to BRAIN FOR BEAUTY, 9 rue Jean-François Gerbillon, 75006 Paris.
11.7. The Customer also benefits from the right to lodge a complaint with the CNIL.
12. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
In the event of a dispute relating to the formation, execution, non-performance or termination of sales concluded under these T & Cs, the parties will try to find an amicable solution. The Customer is then invited to contact BRAIN FOR BEAUTY by the means of their choice:
- Email: firstname.lastname@example.org
- Contact form available in the “Contact” section or at the bottom of the site.
- By mail to BRAIN FOR BEAUTY, 9 rue Jean-François Gerbillon, 75006 Paris, France.
If the dispute persists, the Customer will have the possibility of using a consumer mediator free of charge in accordance with Article L612-1 of the Consumer Code.
In order to submit his dispute to the mediator, the Client must:
- complete the form on the AME conso website https://www.mediationconso-ame.com/demande-de-mediation ame.html or
- send your request by regular or registered mail to AME conso, 11 place Dauphine, 75 001 Paris.
In order to be dealt with expeditiously, any request for mediation from the Client must contain the following information: postal, electronic and telephone contact details of the Client, contact details of BRAIN FOR BEAUTY, brief statement of the facts, proof of the preliminary steps with BRAIN FOR BEAUTY .
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Customer is also informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase from European consumers and then to transmit the cases received to the competent national mediators: this European platform for out-of-court online consumer dispute resolution is accessible via this link.
12.2. Applicable law and attribution of jurisdiction:
All the provisions appearing in the GTC, as well as all the purchase and sale transactions referred to therein, will be subject to French law and the competent French courts.