GENERAL TERMS AND CONDITIONS OF SALE

Effective as of November 1, 2022

ARTICLE 1 – Scope

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers or the Customer”) who wish to purchase the products offered for sale (“the Products”) by the Seller on the website www.sandrarity.com. The Products offered for sale on the website are as follows: Cosmetic Products

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website www.sandrarity.com, which the customer is required to read before placing an order.

The selection and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These Terms and Conditions are available at any time on the website www.sandrarity.com and shall prevail over any other document.

The Customer declares that they have read and accepted these Terms and Conditions by ticking the box provided for this purpose before starting the online ordering process on the website www.sandrarity.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Sandy Society, SARL

Share capital of 1,000 euros

Registered with the Trade and Companies Register of Thonon Les Bains, under number 907752562

110 rue Albert Camus 74160 Saint Julien en Genevois FRANCE

Email : contact@sandrarity.com

Intra-community VAT number: FR61907752562

The Sand rarity trademark has been registered with the INPI by Ms. Sandy BOGET since September 25, 2021.

Ecological Transition Agency (ADEME) ID: FR255599_01GFJZ

The Products presented on the website www.sandrarity.com are offered for sale in the following territories:

France (excluding overseas territories)

Germany

Belgium

Luxembourg

Netherland

Spain (excluding islands)

Italy ( excluding islands )

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and are the sole responsibility of the Customer.

ARTICLE 2 – Price

The Products are provided at the prices listed on the website www.sandrarity.com at the time the order is registered by the Seller.

Prices are quoted in US dollars, including all taxes.

The prices take into account any discounts that may be granted by the Seller on the website. www.sandrarity.com. These prices are firm and non-negotiable for any confirmed order, but the Seller reserves the right to modify them at any time. Prices take into account any discounts that may be granted by the Seller on the website.

Prices do not include processing, shipping, transport, and delivery costs, which are charged separately, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 3 – Orders

3.1

It is the Customer's responsibility to select the Products they wish to order on the website www.sandrarity.com, in accordance with the following terms and conditions:

The customer selects a product and places it in their basket. They may remove or modify this product before confirming their order and accepting these terms and conditions. They will then enter their contact details or log in to their account and select a delivery method. Once the information has been confirmed, the order can be finalized by paying the price.

Product offers are valid as long as they are visible on the website, while stocks last. Once payment has been confirmed, no changes can be made. 

The sale will only be considered valid after full payment of the price. 

Any order placed on the website www.sandrarity.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.

The Customer may track the progress of their order on the website.

3.2 Return

In the event of a problem with a package, the shipping box must be kept by the customer along with the packaging and the item(s). The buyer has a period of 7 working days from the date of receipt of the products to return the products ordered and obtain a refund.

Returns will be accepted or rejected depending on the condition in which they are received. Products will be carefully checked to ensure that they have not been opened and are in perfect condition. Only products meeting these conditions will be accepted for return. To obtain information on the procedure to follow, buyers wishing to return an item must send an email to customerservice@sandrarity.com, stating the order number and date, as well as all the contact details used to purchase the item. 

For products received as gifts for a certain purchase amount, you must return the purchased product(s) you wish to return along with all products offered with your purchase. Otherwise, we will not be able to refund your order.

ARTICLE 4 – Terms of payment

The price is paid via secure payment, according to the following terms:

• Payment by credit card

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted form using the protocol defined by the approved payment service provider responsible for banking transactions carried out on the website www.sandrarity.com.

Payment is secure. The payment software used is Stripe, which automatically handles security and anti-hacking for customers' credit cards. For more information, visit http://stripe.com/fr https://stripe.com/fr/privacy 

Payments made by the Customer shall only be considered final after the Seller has actually received the sums due.

The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – Deliveries

Products ordered by the Customer will be delivered in mainland France or to the following areas: Germany, Belgium, Italy (excluding islands), Spain (excluding islands).

Deliveries are made within France within 2 to 3 working days and to other countries within 3 to 5 working days to the address specified by the Customer when placing their order on the website.

Delivery consists of the transfer of physical possession or control of the Product to the Customer. Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The sums paid by the Customer shall then be refunded to the Customer within fourteen days of the date of termination of the contract, excluding any compensation or deduction.

Deliveries are made by an independent carrier to the address specified by the Customer when placing the order and to which the carrier can easily access.

When the Customer has taken responsibility for hiring a carrier of their own choosing, delivery is deemed to have been made upon handover of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and that the Customer has no recourse against the Seller in the event of non-delivery of the goods transported.

In the event of a specific request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. They have a period of 5 days from delivery to make any complaints by email to customerservice@sandrarity.com, accompanied by all relevant supporting documents (including photos). After this period and if these formalities have not been complied with, the Products shall be deemed to be in good condition and free from any apparent defects, and no claims shall be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any Products delivered that have been proven by the Customer to have conformity defects or apparent or hidden defects, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of risks of loss and deterioration shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this case, the risks are transferred at the time of delivery of the goods to the carrier under the conditions provided for in Articles L216-3 of the French Consumer Code.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 – Right of withdrawal

In accordance with the terms of Articles L221-18 to L221-28 of the French Consumer Code. 

“For contracts providing for the distance purchase of goods, the period begins upon receipt of the first item.”

The right of withdrawal can be exercised online using the formulaire de rétractation ci-joint sent to the address customerservice@sandrarity.com. It is also available at the end of the Terms and Conditions of Sale.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new.

Damaged, soiled, or incomplete products will not be accepted for return.

The return shipping costs are the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer in accordance with the conditions set out in this article.

ARTICLE 8 – Seller's Liability – Warranties

The Products supplied by the Seller are covered by:

• The legal guarantee of conformity, for Products that are defective, damaged, or do not correspond to the order,
• The legal warranty against hidden defects arising from a defect in material, design, or workmanship affecting the products delivered and rendering them unfit for use.

Warranty exclusions 

The seller cannot be held liable: 

• In the event of non-compliance with the legislation of the country in which the products are delivered, it is the Customer's responsibility to check this before placing their order. 
• In the event of misuse, use for professional purposes, negligence, lack of maintenance, normal wear and tear of the product, accident, or force majeure.

Provisions relating to legal guarantees

Article L221-5

I.-Prior to concluding a contract for the sale of goods or the provision of services, digital content or digital services, the professional shall provide the consumer with the following information in a legible and comprehensible manner:

1° The essential characteristics of the goods, services, digital services, or digital content;

2° The price of the goods, service, digital service, or digital content, in accordance with Articles L. 112-1 to L. 112-4;

3° The date or deadline by which the professional undertakes to deliver the goods or provide the service, digital service, or digital content;

4° Information relating to their identity, postal address, telephone number, email address, cancellation policy, dispute resolution procedures, other contractual terms and conditions and, where applicable, the costs of using the means of distance communication, the existence of codes of conduct and financial guarantees.

5° Where applicable, information relating to legal guarantees, functionalities, compatibility and interoperability of the digital content, digital service or goods with digital elements, other contractual conditions and, where applicable, the existence of any restrictions on the installation of software;

6° The possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI;

7° Where the right of withdrawal exists, the conditions, time limit and procedures for exercising this right, as well as the standard withdrawal form, the conditions for its presentation and the information it must contain, shall be laid down by decree of the Council of State;

8° Where applicable, the fact that the consumer shall bear the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods where, by their nature, they cannot normally be returned by post;

9° Information on the consumer's obligation to pay costs when exercising their right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply, or subscription to a district heating network, which they expressly requested before the end of the withdrawal period; these costs shall be calculated in accordance with the terms set out in Article L. 221-25;

10° Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information that the consumer does not have this right or, where applicable, the circumstances in which they lose it;

11° The application of a personalized price based on an automated decision, if applicable.

The list and content of this information are specified by decree of the Council of State.

In the case of a public auction as defined in the first paragraph of Article L. 321-3 of the Commercial Code, the information relating to the identity and postal, telephone, and electronic contact details of the professional provided for in 4° of I of this article may be replaced by those of the agent.

II.-In addition to the information provided for in I, all professionals shall, prior to concluding a contract for the provision of services and, where there is no contract, prior to performing the service, provide the additional information specified in Article L. 111-2.

Article L217-3 of the Consumer Code

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.”

Article L217-5 of the Consumer Code

"The goods are in accordance with the contract:

1° If it is fit for the purpose for which it is normally used and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the seller 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 their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity shall be time-barred two years after delivery of the goods.”

Article L217-14 of the Consumer Code

The consumer is entitled to a price reduction or to terminate the contract in the following cases:

1° When the professional refuses to comply;

2° When compliance occurs more than thirty days after the consumer's request or if it causes him or her significant inconvenience;

3° If the consumer definitively bears the costs of returning or collecting the non-compliant goods, or if he bears the costs of installing the repaired or replacement goods or the related costs;

4° When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to terminate the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In this case, the consumer is not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor, which is for the seller to prove. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L216-4 of the Consumer Code

“The delivery or commissioning of the goods shall be accompanied by the provision of the user manual and installation instructions and, where applicable, the commercial warranty contract.”

Article L216-6 of the Consumer Code

I.-In the event of a breach by the professional of their obligation to deliver the goods or provide the service under the conditions set out in Article L. 216-1, the consumer may:

1° Notify the professional of the suspension of payment of all or part of the price until the professional complies, under the conditions of Articles 1219 and 1220 of the Civil Code;

2° Terminate the contract if, after giving the professional formal notice to deliver or provide the service within a reasonable additional period, the latter has not done so within that period.

The contract shall be deemed terminated upon receipt by the professional of the letter or written notice informing them of this termination, unless the professional has performed their obligations in the meantime.

II.-However, the consumer may immediately terminate the contract:

1° When the professional refuses to deliver the goods or provide the service, or when it is clear that he will not deliver the goods or provide the service;

2° Where the professional fails to fulfill their obligation to deliver the goods or provide the service on the date or within the time limit specified in Article L. 216-1 and that date or time limit constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer prior to the conclusion of the contract.

The provisions of this article are without prejudice to the award of damages.

Article 1218 of the Civil Code

"Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1."

Article 1148 of the Civil Code

“No damages shall be payable where, as a result of force majeure or unforeseeable circumstances, the debtor has been prevented from performing its obligations or has performed an act which it was prohibited from performing.”

Article 1641 of the Civil Code.

“The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that reduce its use to such an extent that the buyer would not have purchased it, or would have paid only a lower price for it, if they had known about them.”

Article 1648, paragraph 1 of the Civil Code

“Legal action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.”

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the commercial warranty period granted to them upon purchase or repair of a movable item, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if this is after the request for intervention."

In order to exercise their rights, the Customer must inform the Seller by email at customerservice@sandrarity.com of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller shall refund or replace Products or parts under warranty that are found to be non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller has identified the non-compliance or hidden defect. This refund may be made by bank transfer. 

The Seller shall not be held liable in the following cases:

• Failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
• In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the website are not contractual and do not engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or defective.

Article 1191 Where a clause is open to two interpretations, the interpretation that gives it effect shall prevail over the interpretation that does not.

Article 1195 of the Civil Code

If a change in circumstances unforeseeable at the time of conclusion of the contract makes performance excessively onerous for a party who did not agree to assume the risk, that party may request renegotiation of the contract from the other party. It shall continue to perform its obligations during the renegotiation. 

In the event of refusal or failure to renegotiate, the parties may agree to terminate the contract on the date and under the conditions they determine, or jointly request the court to adapt it. If no agreement is reached within a reasonable period of time, the court may, at the request of one of the parties, revise the contract or terminate it on the date and under the conditions it determines.

Clause on mandatory pre-contractual information, in accordance with Article L221-5 of the French Consumer Code

In relations with third parties, the manager commits the company through acts falling within the scope of the corporate purpose. In the event of multiple managers, they shall hold the powers provided for in the preceding paragraph separately. An objection raised by one manager to the acts of another manager shall have no effect on third parties, unless it is established that they were aware of it. Statutory clauses limiting the powers of managers resulting from this article are not enforceable against third parties.

ARTICLE 9 – Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract. Personal data is any information that can be used to identify you, either directly or indirectly. This may include identification information such as your last name, first name, email address, date of birth, postal address, IP address, or your purchasing habits or preferences. We use your personal data for the purposes of browsing our Site, to remember your preferences, to provide you with a better customer experience, and to optimize our website by providing content tailored to your needs through emails, advertisements, and targeted promotional offers. 

Collection of personal data

Personal data may be collected on the website www.sandrarity.com at any time while browsing our site (account creation, product orders, newsletter subscription) and more generally whenever you interact with us. 

Payment

As part of the payment process for Products offered on the website www.sandrarity.com, the latter records financial data relating to the bank account or credit card of the Customer/user.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller, its employees, and any entity related to Sandy Society SARL. 

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data. The processing of personal data is represented by the data protection officer Sandy Boget, who can be contacted at customerservice@sandrarity.com.

9.4 Limitations of treatment

Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes. The Customer may be asked to tick a box indicating that they agree to receive informational and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

9.5 Data retention period

The Seller shall retain the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures relating to digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Customer and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the website www.sandrarity.com have the following rights:

• They may update or delete data concerning them by sending an email to customerservice@sandrarity.com or by post to the address given in Article 1, for the attention of the data protection officer.
• They may delete their account by writing to the email address indicated in Article 9.3 “Data Controller.”
• They may exercise their right of access to personal data concerning them by writing to the address indicated in Article 9.3 “Data Controller.”
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller.”
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller.”
• They may also request the portability of data held by the Seller to another service provider.
• Finally, they may object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must respond within a maximum period of one month.

If the Customer's request is refused, the reasons must be provided.

The Customer is informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

ARTICLE 10 – Intellectual property

The content of the website www.sandrarity.com, as well as all visual and material elements (logo, packaging, design), is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright. The Sand rarity trademark has been registered with the INPI by Ms. Sandy BOGET since September 25, 2021.

ARTICLE 11 – Applicable law and language of the contract

These terms and conditions and any transactions arising from them are governed by and subject to French law.

These Terms and Conditions are written in English. If they are translated into one or more other languages, only the English version will be binding in the event of a dispute.

ARTICLE 12 – Disputes

For any complaints, please contact customer service at customerservice@sandrarity.com before taking any further action. 

The Customer is informed that they may refer the matter to the consumer ombudsman.  

In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, they may submit their complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the date of the initial complaint.

The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org or by post at MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS.

The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes arising from purchase and sale transactions concluded under these Terms and Conditions that cannot be settled amicably between the seller and the buyer or through mediation shall be submitted to the competent courts under the conditions of ordinary law.

“For purchases made by customers residing in the European Union, an online dispute resolution platform is available at the following address: http://ec.europa.eu/consumers/odr/.”