GENERAL SALES CONDITIONSLast Modified : February 21, 2017
NATURA Europa SAS (hereinafter "NATURA BRASIL") is a simplified joint-stock company [société par actions simplifiée] capitalized at 5,984,830 Euros, having its registered office at 10 rue Chevreul 92150 Suresnes France, registered in the Nanterre Corporate and Trade Registry under number 453,986,994, and its VAT identification number is FR96453986994.
These general terms of sale (hereinafter the "GTS") govern all of the relations between NATURA BRASIL and any person purchasing products sold by NATURA BRASIL on this website for their personal use.
It is specified that these GTS apply to the exclusion of any other terms, and in particular, the general terms of sale in force for sales made in NATURA BRASIL stores and boutiques. Any person visiting this website is free to print these GTS or download the PDF version, but may not alter them.
ARTICLE 1. PURPOSE
These GTS govern the sale and offer for sale of products, by NATURA BRASIL, made exclusively from this website, in particular accessible at the following address: www.naturabrasil.fr (hereinafter the "Site").
In these GTS, the terms "Product" or "Products" refer to the product(s) offered for sale on the Site.
The customer (hereinafter the "Customer") is any person who visits one or more pages of the Site, irrespective of whether that person has initiated a purchase process on the Site.
The Customer must have full legal capacity and be of legal age.
When the Customer places an order for a Product from NATURA BRASIL on the Site and checks the box "I have read and I agree to the general terms of sale", that person declares having previously read these GTS and accepted them without restriction. These GTS, thus accepted, alone will be applicable for orders placed on the Site, irrespective of the Product(s) purchased by the Customer.
NATURA BRASIL reserves the right to modify these GTS at any time by publishing a new version thereof on the Site.
ARTICLE 2. SPECIAL TERMS OF SALE
The Customer declares having read the special terms of sale provided on his screen (name, price, components, weight, quantity, color, particularities of the Products) each time an order is placed, and expressly declares accepting them without reservation.
The placement and confirmation of an order indicate full and complete acceptance by the Customer of these GTS, as well as the special terms of sale applicable only to that order.
ARTICLE 3. OFFER
The offers of Products made by NATURA BRASIL on the Site are valid as long as the Products are present on the Site and within the limitation of the available inventory.
ARTICLE 4. ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
NATURA BRASIL invites the Customer to see the description of each Product on the Site to learn about its specific characteristics. If the Customer has any doubts or would like additional information, please contact NATURA BRASIL by e-mail at firstname.lastname@example.org and/or by telephone at +33(0)1 84 16 34 15.
The differences between the photographs and the Product may only be minor and do not pertain to essential characteristics of the Products.
In case of clear error between the characteristics of a Product and its depiction and/or the terms of sale, the Customer undertakes to contact NATURA BRASIL by e-mail at email@example.com and/or by telephone at +33(0)1 84 16 34 15 in order to inform it of the obvious error. NATURA BRASIL undertakes to correct any such errors as soon as they are brought to its attention.
On the pages of the Site presenting the Products and on purchase orders and invoices presented and/or sent to the Customer, prices are indicated inclusive of all taxes, in euros, and taking the rate of VAT applicable on the date of the order into account.
NATURA BRASIL reserves the right to change its prices at any time, which the Customer accepts. The Products will in any case be billed based on the rates stated on the Site at the time of final validation of the order.
All orders, regardless of their country of origin, are payable in euros. Any costs, in particular financial, related to converting the currency of the Customer's bank account debited for the transaction into euros are borne exclusively by the Customer.
On the pages of the Site presenting the Products, the indicated prices do not include delivery costs, which are billed in addition and are specified to the Customer before final validation of the order. The Customer may also consult the FAQ section entitled "Shipping costs and delivery”. The price of the Products and the delivery costs are nonnegotiable.
The price of each order, including delivery costs, is payable as of placement of the order; NATURA BRASIL does not grant any credit.
ARTICLE 5. ORDER PLACEMENT AND VALIDATION
The Customer expressly agrees that the automatic recording systems of NATURA BRASIL are to be considered equivalent to proof of the nature, content, price, and date of the order.
5.1. Browsing within the Site
The Customer may learn about various Products. The Customer can browse freely on the different pages of the Site without being required to place any order.
On the homepage of the site, the Customer is informed of the payment methods accepted by NATURA BRASIL, as well as any delivery restrictions, and can also view the standard cancellation form.
5.2. Placing an order
5.2.1 Product selection
To place an order, the Customer selects the different products he wishes to add by clicking on them. He indicates the number of products desired (within the aforementioned limit of 10) and clicks on the "Add to cart" button.
Each new addition to the cart is indicated to the Customer in the order summary.
The Customer may, at any time:
- obtain a summary of the Products he has selected by clicking on the "Cart" icon available in the upper right part of the screen,
- modify or delete all or part of his order thus summarized (if anything is changed, the new information is displayed as the changes are made).
When the Customer is on the "Cart" page, he can:
- continue to select Products by browsing the site, or
- if the displayed list indeed corresponds to the Products he wishes to purchase, end his Product selection and order them by clicking on "Order".
5.2.2 Customer identification
The Customer must then:
- Identify himself by providing his login and password (if forgotten or lost, the Customer clicks on "forgot password").
- If he does not have an account, create one by clicking on "Create an account".
The customer's e-mail address is used as the login. The customer, however, chooses his password alone. The Customer receives an e-mail confirming his registration.
It is strongly recommended not to choose a common word as the passage, but instead to alternate numbers, letters and special characters. The Customer is responsible for changing his password regularly, on the "My account" page.
The Customer is solely liable for his password and any use made of that password. He expressly undertakes to keep it private and not to share it under any circumstances with anyone whosoever.
Consequently, the Customer expressly recognizes that entering an identifier is equivalent to proof of his identity and indicates his consent.
5.2.3 Order validation
To finalize the order process, the Customer must complete the order form. The Customer is responsible for completing this form in full and accurately. The fields marked with an asterisk are required. The Customer must:
• choose the delivery method. The delivery costs are specified on this page.
• fill in his delivery and billing address. The delivery address is the billing address by default, but may be different (in particular for gifts);
• fill in the payment card information;
• read these GTS by clicking on the link provided to that effect and accept them by checking the box "I accept the terms of sale".
The Customer cannot finalize the order process without checking the "I accept the terms of sale" box.
Once the GTS have been read and the box is checked, the Customer must verify the order summary indicating the nature, quantity, and price inclusive of all taxes of the Products selected by the Customer, the delivery costs, and the total amount inclusive of all taxes of the order, the amount of the VAT, the Customer's contact information, and the shipping and billing addresses.
If necessary, the Customer can modify his order and/or the information regarding the billing and/or delivery address by using the browser’s back function.
Once this verification is complete, the Customer must click on "Confirm payment" to definitively validate the order.
5.4. Order confirmation
Once the payment process is complete, the Customer is taken to a page showing the order summary. The Customer can print this page.
An order confirmation e-mail, showing the aforementioned summary and the order number and including a link to the cancellation form, is sent to the Customer.
The Customer can also see the order summary in his account in the "Purchase history" section.
Without prejudice to the application of the stipulations of article 7, the sale is considered complete as of validation of the payment with BNP PARIBAS.
However, NATURA BRASIL reserves the right not to confirm an order for a valid reason, and in particular for reasons related to Product availability, an inability to fulfill the received order (illegible, etc.), an abnormal order, or a foreseeable problem regarding delivery. NATURA BRASIL will notify the Customer of any such issues immediately using any means.
5.5 Limitations specific to each order
The Customer is responsible for any use that may be made of the Products purchased on the Site. The Products are intended for personal use by the Customer, without any direct relation to the latter’s professional activity.
To limit the risks of fraud, the maximum amount allowed for one order is limited to €500 inclusive of all taxes. Above that amount, the Customer must contact NATURA BRASIL by e mail at firstname.lastname@example.org and/or by telephone at +33 (0)1 84 16 34 15 to place his order. Otherwise, any orders above this amount will not be filled and will not bind NATURA BRASIL.
To limit the risks of fraud, no more than 10 identical items per order may be ordered for any given Product.
ARTICLE 6. DELIVERY
6.1. Availability by country
The Products ordered by the Customer will be delivered in the following countries: metropolitan France (including Corsica and Monaco), Belgium, United Kingdom, Luxembourg and Switzerland only. No shipments will be made outside these countries.
To access the delivery methods and costs for these different countries, please visit the FAQ section entitled "Shipping costs and delivery".
The timeframes indicated in this section are the typical average timeframes and correspond to the processing and delivery times for orders. The delivery timeframe for the Customer's order is indicated during the ordering process.
When you place an order for a delivery outside France, you are solely liable for compliance with all laws and regulations of the country in which you will receive the products, as well as the payment of any customs duties. NATURA is in no way liable in the event the delivered item does not comply with the laws of the delivery country.
6.2. Product unavailability
The Products and prices offered are valid as long as they are displayed on the Site, within the limit of available inventories.
For Products not stored in warehouses belonging to NATURA BRASIL or its providers, the offers made on the Site are valid subject to availability from those suppliers.
The Customer will be informed as soon as possible if any of the Products are unavailable. As much as possible, the Customer will be given this information upon placement of the order by display on the webpage.
However, despite the care that NATURA BRASIL takes in managing its inventory and the resources it has implemented to that end, errors may occasionally occur regarding the status of its inventories. In that case, NATURA BRASIL will inform the Customer, by email or mail, of the unavailability of the Product(s) in question promptly, in other words after validation of the order, but before delivery.
NATURA BRASIL will then take all necessary steps to refund the price of the unavailable Product(s). The bank account corresponding to the credit card information provided when the order was placed will then be refunded the excess amount paid.
6.3. Delivery terms
The Customer receives an e-mail when the order is given to the carrier. This e-mail contains the carrier's tracking number for the package, allowing the Customer to obtain information about the delivery date.
NATURA BRASIL undertakes to make every possible effort for the order to be delivered no later than the delivery deadline indicated during validation of the order by the Customer. Saturdays, Sundays and holidays are not considered business days. Holidays are those of French calendar.
In the event of items deliverable on different dates for availability reasons, the delivery deadline is based on the latest date. NATURA BRASIL reserves the right, however, to split deliveries. Shipping and handling costs will only be billed for one shipment.
The Customer is invited to check the tracking information for the order regularly and to contact NATURA BRASIL customer service with any questions or in case of any problems relative to the delivery of the order at email@example.com or by telephone at +33 (0)1 84 16 34 15.
6.4. Late delivery
In case of late delivery, i.e., after the maximum delivery deadline indicated when placing the order, the Customer is asked to indicate that delay to NATURA BRASIL promptly by e mail at firstname.lastname@example.org and/or by telephone at +33 (0)1 84 16 34 15 (cost of a local call).
NATURA BRASIL will make every possible effort to resolve this difficulty and proceed with delivery. NATURA BRASIL may in particular open an investigation with carrier and inform the consumer when the order may be shipped to the delivery location. If the order is lost, NATURA BRASIL will contact the Customer to offer either to reship the order, or to refund the bank account corresponding to the credit card used for payment.
In any case, in the event of late delivery, the Customer has the right to request cancellation of the order by speaking with customer service. NATURA BRASIL will refund the Customer, within no more than thirty (30) days, in the amount corresponding to that order (Price of the Products and shipping costs). The bank account corresponding to the credit card given when the order was placed will then be credited in the amount of the order.
Delivery is considered to have been made once the carrier gives the order to the Customer.
The Customer is responsible for checking the compliance and integrity of the order when it is received. The Customer must indicate any reservations noted during delivery (damaged package) to the carrier at the time of delivery.
All of these anomalies and reservations must be notified in parallel to NATURA BRASIL CUSTOMER service. Upon receipt of the reservations, Natura customer service will exchange or refund the Products if they are not in compliance with the order due to damages suffered during shipping.
6.6. Compliance of the order-Legal compliance warranty and hidden defect warranty
Despite the efforts made by NATURA BRASIL in preparing packages, a Product may not be in compliance with the order or have an obvious or hidden defect.
In accordance with the law, the Customer has two legal warranties, the legal compliance warranty set out by Articles L. 211-4 and following of the Consumer Code, and the hidden defect warranty set out by Articles 1641 and following of the Civil Code. The relevant legal provisions of these two warranties are provided below so that the Customer is fully informed about their implementing conditions and respective content.
Without prejudice to the rights of the Customer under these two warranties, if the Customer discovers a noncompliance or defect, he may contact NATURA BRASIL customer service within eight (8) days to submit a request for an exchange or refund. The Customer is asked to attach any relevant documents in support of the request.
After acknowledging receipt of the request and examining it, NATURA BRASIL customer service may accept the request from the Customer if NATURA BRASIL feels that the conditions for its liability have been met, or refuse it if it finds that the conditions for its liability are not met.
If the request to exchange the Product is accepted by NATURA BRASIL, the Customer must then return the Products to NATURA BRASIL . The return shipping costs will be paid by NATURA BRASIL, and NATURA BRASIL customer service will send the Customer a return shipping label to that end.
In case of refund, the corresponding sum will be credited within no more than thirty (30) days to the bank account corresponding to the credit card information given when the order was placed.
This amicable procedure does not deprive Customers of their rights under the legal compliance warranty and hidden defect warranty, the relevant provisions of which are provided below.
Legal compliance warranty – Consumer Code
The seller is required to deliver a product in accordance with the contract and answers for any compliance flaws existing upon delivery. It also answers for any compliance flaws resulting from the packaging, assembly, or installation instructions when it is responsible for providing them under the contract or when they have been provided under its responsibility.
In order to comply with the contract, the product must:
1) Be suitable for the typically expected use of a similar product and, if applicable:
- correspond to the description provided by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, the producer, or its representative, in particular in the advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, indicated to the seller and which the latter accepted.
The seller is not bound by public declarations by the producer or its representatives if it is proven that it was not aware of them and could not legitimately be aware of them.
Compliance flaws appearing within six months of delivery of the product are assumed to have existed at the time of delivery, unless otherwise proven.
The seller may contest this presumption if it is not compatible with the nature of the product or the cited compliance defect.
The buyer is entitled to require that the product comply with the contract. It may not, however, contest the compliance by citing a defect that it was aware of or could not be unaware of when it entered into the contract. The same is true when the origin of the defect is in the materials that it itself provided.
In case of compliance defect, the buyer may choose between repair and replacement of the product.
However, the seller is not required to proceed as chosen by the buyer if that choice causes a clearly disproportionate cost in light of the other method, in light of the value of the product or the significance of the defect. It is then required to proceed, except in case of impossibility, according to the form not chosen by the buyer.
If it is not possible to repair or replace the product, the buyer may return the product and be refunded the price or keep the product and be refunded part of the price.
The same option is offered:
1) If the solution requested, proposed, or agreed upon pursuant Article L. 211-9 cannot be implemented within one month following the complaint by the buyer;
2) Or if that solution may not be implemented without major inconvenience to the latter in light of the nature of the product and the desired use.
The resolution of the sale may not, however, be pronounced if the compliance defect is minor.
The application of the provisions of Articles L. 211-9 and L. 211-10 occurs at no cost to the buyer.
The same provisions do not hinder the award of monetary damages.
The action resulting from the compliance defect is subject to a statute of limitations of two years from the delivery of the product.
The provisions of this section do not deprive the buyer of the right to bring the action resulting from latent defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature granted by the law.
of compliance [sic]
Legal warranty for hidden defects – Civil Code
The seller is bound by the warranty due to hidden flaws in the sold item making it unsuitable for the use for which it is intended, or decreasing that use to such an extent that the buyer would not have acquired it, or would only have paid a lower price, had they been known.
The seller is not bound by obvious defects that the buyer could have been aware of itself. […]
In the case of Articles 1641 and 1643, the buyer has a choice between returning the item and being refunded the price, or keeping the item and being refunded part of the price, as arbitrated by experts.
If the seller knew about the defects in the item, it is liable for all monetary damages to the buyer, in addition to refunding the price it received.
If the seller was unaware of the defects in the item, it will only be required to refund the price, and to refund the buyer for the costs incurred by the sale.
If the defective item subsequently perished due to its poor quality, the loss is borne by the seller, which will be bound to return the price and the other compensation set out in the two preceding articles to the buyer.
However, any chance loss will be borne by the buyer.
Any action resulting from latent defects must be initiated by the buyer within two years of the discovery of the defect. […]
ARTICLE 7. RIGHT OF CANCELLATION
The Customer has a period of fourteen (14) days, as of receipt of the ordered Product, to exercise the right of cancellation without having to provide a reason or pay penalties, with the exception of the return shipping costs, which he will pay. In the case of an order involving several Products delivered separately, the period of fourteen (14) days begins as of receipt of the last Product.
To exercise this right, the Customer must inform NATURA BRASIL thereof by sending it, before expiration of the deadline at the following address: email@example.com, an e-mail or the cancellation form sent with the order confirmation e-mail. It may also be downloaded here or provided by customer service, at the following address. The Customer must specify whether he wishes to make an exchange or obtain a refund. Otherwise, the return will be considered to be done for refund.
The Product(s) must be returned by the Customer, at the latter's expense, to the same address, no later than within fourteen (14) days after the letter or cancellation form is sent to the address appearing on the return slip.
The Product(s) must be returned, complete in their original wrapping and packaging (accessories, instructions, etc.), in good condition, not opened or altered, and in perfect resalable condition. Opening the Products or removing the plastic film surrounding them make those products unsuitable for any subsequent marketing; any Product that has been opened, destroyed, or whereof the original packaging has been damaged, will not be refunded or exchanged.
To facilitate refunds, the Products must be accompanied by the return slip and the order number.
ARTICLE 8. PAYMENT
The price billed to the Customer is the price indicated on the confirmation for the order validated by the Customer.
Payment must be made by credit card and will be debited immediately.
It is also specified that payments are made in a secure environment on the servers of our service provider, BNP PARIBAS.
Consequently, the Customer must have a credit card (Carte Bleue, Visa, MasterCard, Eurocard), the validity of which will be verified and confirmed by the BNP PARIBAS bank data server.
When Credit Card data is entered, the Customer will enter the card number and expiration date, and possibly the verification number (the verification number is the number that appears on the back of the Customer's credit card).
The credit card information will be secured through SSL (Secure Socket Layer) encryption so as to protect all of the data related to the payment method as effectively as possible, and the Customer's credit card information will not be stored on the NATURA BRASIL computer system. It will therefore be deleted once the order is fulfilled.
NATURA BRASIL reserves the right to refuse any order or delivery if the credit card payment is declined by the banking institutions and/or in case of a request for delivery outside the countries stated in article 6.
ARTICLE 9. INTERRUPTION OF SERVICE
The Site is accessible 24 hours a day, 7 days a week except in case of force majeure or event outside the control of NATURA BRASIL. NATURA BRASIL may interrupt access to all or part of the Site temporarily for maintenance purposes in order to ensure proper operation of the Site, without entitling the Customer to any compensation.
Furthermore, the Customer declares that it is aware of the complexity of worldwide networks, the unevenness of the capacity of different sub-networks, the influxes of users at certain times, and the different "bottlenecks" in certain places on the Internet. The current Internet transmission protocols do not make it possible to guarantee, beyond any doubt and continuously, proper receipt of messages and all of the transmitted documents, as a result of which NATURA BRASIL cannot be held liable in case of poor transmission due to a failure or malfunction of these transmission networks.
ARTICLE 10. FORCE MAJEURE
NATURA BRASIL will not be liable for any defect, delay, or nonperformance of its obligations pursuant to the GTS when that defect, delay, or nonperformance is related to a case of force majeure as typically defined by the French jurisprudence.
ARTICLE 11. PERSONAL INFORMATION
The Customer is hereby informed that placing orders for Products will result in NATURA BRASIL automatically collecting and processing personal information about the Customer, the use of which is subject to the provisions of law no. 78-17 dated January 6, 1978 relative to data processing, computer files and individual liberties as modified by law no. 2004-801 dated August 6, 2004. The information accompanied by an asterisk is required to validate the Customer's registration or any operation for which information is requested from the Customer. The Customer has the right to access and correct his information as well as the right to oppose the processing of information concerning him for legitimate cause, by sending an e-mail to the following address: firstname.lastname@example.org.
ARTICLE 12. FINAL PROVISIONS
These GTS are subject to French law. The offered Products, the GTS, and the special terms are written in French and English. The Customer is hereby informed that in case of dispute or disagreement with NATURA BRASIL, in addition to the courts, a conventional mediation procedure or another alternative dispute resolution method may be used to resolve that issue.
In case of dispute before the French courts, only the French version of these documents will prevail between NATURA BRASIL and the Customer.