Conditions générales de vente et d’utilisation

PREAMBLE

These general terms and conditions of sale (“the General Conditions”) are intended to determine the rights and obligations that apply between “the company KARINOULA holder of the 3000.BC brand” hereinafter referred to as “3000.BC” and any natural person who is not a trader (“You” or “the Customer”) visiting or making a purchase via the Site. The General Conditions govern exclusively your relationship with 3000.BC. You must be aware of the General Conditions prior to any order, as they are available at any time on the Site. They are accessible and printable via a direct link at the bottom of the Site’s homepage. Placing any order on the Site implies the knowledge and acceptance by the Customer of all the provisions of the General Conditions.

1. Products

The products offered for sale (“the Products”) by 3000.BC are those displayed on the Site on the day of the Customer’s consultation of the Site. The photographs, graphics, and descriptions are made to be as close as possible to the reality of the Product. However, while aiming to provide a faithful presentation of the essential qualities of its Products, 3000.BC cannot guarantee the exhaustive communication of all the characteristics of each Product. You declare that you are perfectly aware of the provisions of this article and expressly agree not to hold 3000.BC liable in this regard, subject to the application of mandatory legal provisions. 3000.BC does its best to update the available stocks on the Site in real-time. However, in the event of an error in the update or in the event of the cancellation of the order due to stock depletion, 3000.BC’s liability cannot be incurred.

2. Prices

The prices of the Products are indicated in euros. They take into account the VAT applicable on the day of the order. 3000.BC reserves the right to modify its prices at any time, but the Products will be invoiced based on the rates in effect at the time of registration of the order, subject to the availability of said Products. The prices of the Products are understood excluding delivery costs (shipping, packaging, and preparation of the package according to the amounts in force). The amount of the delivery costs will be specified before validation of the order.

3. Payment terms

Payment for products must be made by credit card or via your PayPal account. We accept payments by CB, Visa, and Mastercard. Payment by credit card is subject to a secure system (SSL encryption). The debit of credit cards is made on the day of the order, subject to validation of this transaction by the competent payment centers, failing which the order could not be processed. In case of refusal of transaction by the payment centers, 3000.BC reserves the right to suspend the corresponding order. In any event, 3000.BC reserves the right to cancel any order or delivery in case of (1) existing dispute with the Customer, (2) total or partial non-payment of a previous order by the Customer, (3) refusal of authorization of payment by credit card issuers, (4) non-payment or partial payment. In any case, the liability of 3000.BC cannot be incurred. As part of the fight against internet fraud, information regarding your order may be transmitted to any third party for verification.

4. Recording and validation of the order

You can browse the website without any obligation to purchase. You must have the full capacity to commit yourself under the General Conditions. To place an order, you select the Products of your choice on the Site and add them to the virtual cart. You can then check the details of your order and modify them if necessary. To continue the order, you can click on the “Validate order” button and add the information regarding the delivery method and the method of payment. From the moment you click on “Order,” you accept knowingly and without reserve the General Conditions, prices, volumes, and quantities of the ordered Products. Once the order is finalized, you will receive an email confirming receipt of the order by 3000.BC. Creating a personal account on the Site is not necessary to place an order. However, some of your personal data is required for the proper execution of the order by 3000.BC. If you wish, you have the option to create a personal account allowing you, in particular, to follow the history of your orders on the Site and to find the corresponding confirmations and invoices. Some of your personal data is required to create a personal account. You are required to provide complete, up-to-date, and loyal information, and the responsibility of 3000.BC cannot be incurred in this regard. You are informed that some of the information requested is mandatory for the proper execution of the order you have placed, which you expressly acknowledge. You are solely responsible for the accuracy of the information you have provided, including the bank details communicated to 3000.BC. You are also solely responsible for maintaining the confidentiality of your username and password. If you find that your account is being used without your knowledge, you must immediately contact 3000.BC. In case of unavailability of one or more products after placing the order, you will be notified by email. You will then have the choice between a refund of the amount corresponding to the unavailable products or delivery as soon as the concerned product(s) are available again. The rest of the order remains firm and final. In any event, 3000.BC cannot be held responsible for any damage suffered by you, nor liable for any damages.

5. Delivery

The products are delivered to the delivery address indicated at the time of the order. Delivery charges will be specified on the Site, all taxes included, during the ordering process and must be accepted by you at the time of order validation. The amount of delivery charges may vary depending on the delivery territory of the Products, which you expressly acknowledge and accept. Outside the European Union, customs or import taxes may be added to the price of our Products and remain your responsibility. It is therefore your responsibility to inquire about their amount from your local customs office. The estimated delivery times are indicated on the Site and depend on the delivery method you have chosen. Delivery times exclude Saturdays, Sundays, and public holidays. In any event, in accordance with the provisions of Article L. 216-1 of the Consumer Code, the ordered Products will be delivered within a maximum period of thirty days from the day following the buyer’s order, subject to full payment of the price. Delivery delays cannot under any circumstances constitute a legitimate and acceptable reason for refusal of delivery, request for refund of delivery charges, or claim for damages of any kind. However, if 30 days after the scheduled delivery date the product has not been delivered to you, for any reason other than force majeure, the sale may be terminated at the request of either party. You may then obtain the refund of the amounts paid by you, excluding any other compensation. 3000.BC cannot, under any circumstances, have its liability incurred in the event of a delivery delay. Consequently, no request for compensation following a delivery delay can be granted.

You agree to check, at the time of delivery, that the delivered order is complete, compliant, and has not been damaged. Otherwise, you agree to refuse to accept the order and to sign any supporting documents. Any order received and signed for by you will be considered as being compliant, complete, and in perfect condition at the time of delivery. In the event of a defective product, we will resend the concerned product to you no later than 14 days following the date of notification of the defective product and receipt by us of proof of non-compliance. 3000.BC will contact you to keep you informed of the progress of your order.

In the event of loss of your parcel, you must notify us of non-receipt of your order in writing to the address hello@3000-bc.com. We will ask the carrier to conduct a search, which takes a minimum of 15 days. During this period, no refund or resend of the parcel can be made. After confirmation of parcel loss by the carrier, you will be refunded for your order by bank transfer in euros within a maximum period of 30 days after confirmation by the carrier, or at your choice for its reshipment within the limits of available stocks. You are responsible for paying particular attention to the details completed in the order form, especially your delivery address. In case of error in the delivery address, the parcel will be returned to us by the carrier with the mention “information returned to sender: recipient unknown at the address”. In this case, you will be refunded the full amount of your order at the invoiced price, excluding initial delivery charges.

6. Right of withdrawal

In accordance with Article L. 221-18 of the Consumer Code, you have a period of fourteen clear days from the date of receipt to return the ordered products at your expense for a refund. To submit a withdrawal request, you must contact 3000.BC by email specifying the order number and the reference(s) of the item(s) concerned as mentioned on the order, by email addressed to hello@3000-bc.com. You will then have fourteen days to return the Product(s) to us. The Products must be returned to 3000.BC in perfect resalable condition, in their original condition (packaging, accessories, instructions…), duly sealed, and unused. Any risk related to the return of the returned product is at your expense. If the parcel is lost, stolen, or damaged during the product return, 3000.BC reserves the right to refuse the refund of the returned Product(s). If the above conditions are met, 3000.BC will refund you, within fourteen days, the corresponding amounts for the returned Products.

In any case, it will be handled according to the following terms:

If the parcel is returned in its entirety, we will refund you the transaction amount (transaction fees not included), return costs at your expense.

If the product is returned due to our responsibility: we will refund you the product, any shipping, transaction, and return costs, upon receipt of proof of non-compliance. If you prefer, instead of a refund, we can also resend you the concerned product in replacement of the returned one, shipping costs at our expense.

7. Liability and legal guarantees 

All Products for sale on the Site benefit from the legal guarantee of conformity (articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing you to return defective or non-compliant Products delivered. You have a period of two years from the delivery of the Product to act under the legal guarantee of conformity. In this case, you may choose between replacing or refunding the Product, subject to the conditions provided for in Article L211-9 of the Consumer Code. It is recalled that the legal guarantee of conformity applies regardless of any commercial guarantee that may be granted to you by 3000.BC. Any return of the Product under the aforementioned guarantee must be subject to prior agreement by 3000.BC. To this end, you will contact 3000.BC by formulating your request by email at hello@3000-bc.com. The defective Product must be returned in its original packaging and accompanied by the return number communicated by 3000.BC. Our products comply with the regulations in force in France. Our liability cannot be incurred in the event of non-compliance with the legislation of a country other than France. The photographs, images, and descriptions appearing on the Site are as faithful as possible. However, they are for indicative purposes only and are not contractual. Consequently, our liability cannot be sought for any differences or modifications between the visual of the product presented on the Site and the product delivered. 3000.BC undertakes to provide Customers with all the elements necessary for the proper use of its cosmetic products. Having become aware of the Products and their characteristics marketed by 3000.BC, you are solely responsible for your order, according to your needs as previously determined by you. In addition, only you know the products you own and use, so you are the sole judge of the compatibility of the Products ordered with those you use. It is your sole responsibility, if you do not consider yourself sufficiently competent, to seek advice. You are solely responsible for the choice of products, their storage, and their use. In this respect, it is reminded here that you must become aware, before any order, of the composition of the products and the instructions for use related to them; this information being accessible on the Site. 3000.BC cannot be held responsible for damages caused by a wrong choice or non-compliant use of the Products. Furthermore, in the event of implementation of our contractual liability, our obligation to compensate will in any case be limited to the VAT-inclusive price of the disputed order paid by you. By placing an order on the Site, you warrant that you are legally authorized to enter into contracts, and more generally legal acts binding on you. You also acknowledge and fully assume the characteristics of the Internet and its use, including limitations related to technical performance and risks related to communication security. Consequently, 3000.BC does not guarantee that the Site is free from anomalies, errors, or bugs, nor that the Site operates without any breakdowns or interruptions. 3000.BC reserves the right to freely determine any period of unavailability of the Site or any of its sections, for technical reasons, optimization of its content or its use. 3000.BC cannot be held responsible for any indirect damage resulting from the purchase or use of Products on the Site.

8. Force majeure

In addition to those usually recognized by French jurisprudence, force majeure events or fortuitous events include total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, inclement weather, epidemics, blockade of means of transportation or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other event beyond the parties’ control preventing the normal performance of the contractual relationship. These force majeure events suspend the obligations of 3000.BC mentioned in the General Conditions, for the entire duration of their existence. Thus, the suspension of obligations cannot in any case be a cause of liability for non-performance of obligations, nor induce the payment of damages or penalties for delay. Upon noting the event, 3000.BC will inform you as soon as possible of the impossibility of performing its service. Upon the disappearance of the force majeure event that caused the suspension of our obligations, we will inform you of the resumption of our obligation. If the force majeure event persists for more than three (3) months, the contract concerned may be terminated automatically without compensation, at the request of 3000.BC or yours.

9. Personal Data

In the context of distance selling, providing personal information is mandatory. When placing an Order or creating a customer account, certain personal data must be provided by you and collected by 3000.BC. Failure to provide information implies automatic rejection of the order. This data is exclusively reserved for 3000.BC. You agree to update the personal data concerning you. You also undertake to ensure that the personal data concerning you is accurate, complete, and unambiguous. This personal data is subject to automated processing for the management of the order and the customer database of 3000.BC, as well as for commercial prospecting and statistical purposes. They may be transmitted to 3000.BC’s commercial partners who contribute to the delivery of the Products and the realization of payments, solely for this purpose, which you expressly acknowledge and accept. In addition, as part of the online payment services used by 3000.BC, certain personal data belonging to you may be collected.

Subject to your express acceptance through check boxes, your email address may also be used by 3000.BC for registration and sending of a newsletter and/or transmission of promotional offers. If you no longer wish to receive newsletters and/or promotional offers, you have the option to change your choice by contacting 3000.BC under the conditions mentioned below or by using the unsubscribe links provided in the messages. Access to personal data is strictly limited to 3000.BC employees authorized to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to 3000.BC by contract for the performance of subcontracted tasks necessary for the management of the order, without your authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in compliance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases mentioned above, 3000.BC undertakes not to sell, rent, transfer or grant access to third parties to the data without your prior consent, unless required to do so for legitimate reasons (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.). In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of April 27, 2016, You have a right of access, rectification, portability and erasure of your data or limitation of processing. To exercise these rights, you must send a request by email to: hello@3000-bc.com indicating your name and first name. 3000.BC may ask you to prove your identity by attaching to your request any necessary document, including a copy of your identity card or passport. 3000.BC will implement the means at its disposal to process requests relating to the personal data of users. In the event of a security breach of the Site or loss of personal data relating to users, 3000.BC will inform them by email in accordance with the applicable legal conditions. 3000.BC will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data. You also have a right to lodge a complaint, which you can exercise with the national supervisory authority, namely the CNIL. To obtain more information about your rights, you can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits. 3000.BC may set up cookies on the Site. This is an automatic tracking process that records information about navigation on the Site, and stores information entered during visits to the Site to facilitate its use. The cookies installed by 3000.BC are deleted from the Client’s computer terminal after a period of 13 months. 3000.BC collects your explicit consent to the use of these cookies and uses them in accordance with legal provisions, including notably the General Data Protection Regulation. 3000.BC uses these cookies solely to establish connection statistics and User browsing histories.

10.Intellectual property

3000.BC holds the exclusive license for the 3000.BC trademark. You acknowledge our exclusive rights to our 3000.BC trademark and you undertake not to use it for any purpose and more generally not to infringe 3000.BC’s intellectual property rights. 3000.BC reserves the right to claim damages in case of infringement and more generally of infringement of its intellectual property rights. 3000.BC holds all intellectual property rights relating to the 3000.BC trademark and the contents of the site, including texts, images, graphic design, data, photographs, sounds, videos, applications, logos, designations, structuring of sections, tabs, and functionalities. All elements of the 3000.BC site are the intellectual property and exclusive property of 3000.BC, excluding content in the public domain. Any reproduction and/or representation, in whole or in part, use, adaptation or modification of the Site or any of its components belonging to 3000.BC on any medium and in any form, for other purposes, especially commercial, is expressly prohibited. Any reproduction and/or representation of the Site or any of its components (excluding public domain elements) must be subject to the express prior authorization of 3000.BC. The creation of hypertext links to the Site may only be carried out with the written and prior authorization of 3000.BC. The trademarks mentioned on the Site are registered trademarks and are therefore protected and the exclusive property of 3000.BC. Any unauthorized use of the site or any of its content will be subject to legal action aimed at preserving the rights of 3000.BC.

11.Communication and Complaints

By using the Site, you agree that our exchanges will primarily be electronic and that they will constitute evidence between the parties within the meaning of Article 1316-3 of the Civil Code. You accept these means of electronic communication and acknowledge that all contracts, notifications and information that we provide to you in electronic format by email or via the Site comply with any legal requirement. This condition does not affect your rights as a consumer in any way. Any complaint or request for information regarding these T&C must be addressed to Customer Service by email at the following address: hello@3000-bc.com. Mediation can only be initiated after the Customer has made prior written requests to 3000.BC. In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court 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/.

12.Modifications and Duration of Validity of the General Conditions

3000.BC reserves the right to modify the General Conditions as well as the features of the Site at any time, in particular to take into account any legal, jurisprudential, editorial and/or technical developments. The General Conditions applicable to you are those in force on the day of your order or your connection to the Site. You are invited to regularly consult the “General Conditions of Sale” section of the Site in order to stay informed of any changes.

13.Customer’s Non-Compliance with Obligations

In the event of a breach of any of the obligations incumbent upon you under the General Conditions, 3000.BC may take sanctions against you (deletion or suspension of the account, etc.), without prejudice to any legal action that 3000.BC may take against you.

14.Partial Invalidity and Non-Waiver

If one or more provisions of the General Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect. The fact that 3000.BC refrains from demanding at any given time the execution of any of the provisions referred to in the General Conditions shall not be construed as a waiver of the right to invoke the rest of the General Conditions. All cases not provided for in the General Conditions will be decided by 3000.BC, whose decisions will not be subject to appeal.

15.Applicable Law and Jurisdiction

The sale of Products is subject to French law regardless of your country of residence and the place of placing the Order. For any difficulty, question or complaint regarding an order, the Customer may contact customer service at hello@3000-bc.com. In the absence of an amicable agreement, any dispute relating to the existence, interpretation, execution or termination of the contract concluded between You and 3000.BC, even in the case of multiple defendants, will be the exclusive jurisdiction of the French courts competent in accordance with the rules laid down by the French Code of Civil Procedure.