GENERAL TERMS AND CONDITIONS OF SALE
NATURA Europa SAS (hereinafter referred to as "NATURA") is a simplified joint stock company with capital of 5,984,830 Euros, whose registered office is located at 51 rue Le Peletier – 75009 PARIS, France, registered with the Nanterre Trade and Companies Register under number 453 986 994 and whose VAT number is FR96453986994.
These general terms and conditions of sale (hereinafter referred to as the "T&Cs") shall apply to all interactions between NATURA and any person who purchases products offered for sale by NATURA on this website for their personal use.
It is hereby specified that these T&Cs shall apply to the exclusion of all other terms and conditions and, in particular, the general terms and conditions of sale applicable to sales made in NATURA stores and shops.
Anyone visiting this website is free to print or download these T&Cs, provided that they do not modify them in any way.
Article 1. Purpose
These T&Cs apply to the sale and offer for sale of products by NATURA exclusively through this website, which can be accessed at the following address: www.naturabrasil.fr (hereinafter referred to as the "Site").
In the context of these T&Cs, the terms "Product" or "Products" refer to the product(s) offered for sale on the Site.
The customer (hereinafter referred to as the "Customer") is any person who visits one or more web pages of the Site, whether or not he or she has initiated a purchase process on this Site.
The Customer must have full legal capacity and be of legal age.
When the Customer places an order for a Product with NATURA on the site and ticks the "I accept the terms and conditions of sale" box, he/she acknowledges that he/she has read these T&Cs and accepts the same unreservedly. These T&Cs, thus accepted, shall be the only terms and conditions applicable to orders placed via the Site, regardless of the Product(s) purchased by the Customer.
NATURA reserves the right to modify these T&Cs at any time by publishing a new version of them on the Site.
Article 2. Special terms and conditions of sale
The Customer acknowledges having read, at the time of each order, the special terms and conditions of sale displayed on the screen (name, price, components, weight, quantity, colour, specific characteristics of the Products) and expressly declares that he/she accepts the same unreservedly.
Placing and confirming an order constitutes the Customer's full and complete acceptance of these T&Cs and of the special terms and conditions of sale applicable to the order.
Article 3. Offer
The Product offers made by NATURA on the Site are valid as long as the Products are shown on the Site and within the limit of available stocks.
Article 4. Essential characteristics of the Products
NATURA urges the Customer to refer to the description of each Product on the Site to identify its specific charateristics. In the event of any doubt or if the Customer requires additional information, he/she may contact NATURA by sending an email to contact (at) naturabrasil.fr and/or by telephoning +33(0)1 84 16 34 15.
Any discrepancy between the photographs and the Products should only be minor discrepancies and should not relate to the essential characteristics of the Products.
In case of an obvious discrepancy between the characteristics of a Product and its representation and/or the terms and conditions of sale, the Customer agrees to contact NATURA by sending an email to contact (at) naturabrasil.fr and/or by telephoning +33(0)1 84 16 34 15 in order to inform NATURA of the aforementioned obvious discrepancy. NATURA undertakes to correct such discrepancies as soon as they are brought to its attention.
On the pages of the Site that describe the Products and on the order forms and invoices shown and/or sent to the Customer, prices are given in euros, inclusive of all taxes, based on the VAT rate applicable on the day of the order.
NATURA reserves the right to modify its prices at any time and the Customer accepts this right. The Products will in any case be billed according to the prices shown on the Site at the time of final confirmation of the order.
All orders, whatever their country of origin, are payable in Euros. All costs, in particular financial costs, relating to the conversion into euros of the currency in which the Customer's bank account from which the transaction is debited is held, shall be borne exclusively by the Customer.
On the pages of the Site that describe the Products, the prices shown do not include delivery costs, which are charged separately and are shown to the Customer prior to the final confirmation of his/her order. The Customer can also view the FAQ "What are the delivery costs and times? ».
Product prices and delivery charges are not negotiable.
The price of each order, including delivery charges, is payable when the order is accepted; NATURA does not grant any credit.
Article 5. Placing and confirming an order
The Customer expressly accepts that NATURA's automatic data processing systems shall be taken as proof of the nature, content, price and date of the order.
5.1. Navigation within the Site
The Customer is able to browse the various Products. The Customer may browse the various pages of the Site freely, without being committed to placing an order.
On the home page of the site, the Customer is informed of the means of payment accepted by NATURA, the delivery restrictions and can also access the standard cancellation form.
5.2. Placing an order
5.2.1 Choice of Products
To place an order, the Customer selects the various Products he/she wishes to purchase by clicking on them. He/she indicates the number of products required (up to the aforementioned limit of 10) and clicks the "Add to basket" button.
Each new addition to the basket is shown to the Customer in the order summary.
The Customer may, at any time:
- obtain a summary of the Products he/she has selected by clicking on the "Basket" icon in the top right-hand corner of the screen,
- modify or delete all or part of the order in the summary (in the event of modification, the new information will be displayed as the changes are made).
When the Customer is on the "Basket" page, he/she can :
- continue selecting Products by browsing the site
- or, if the list shown corresponds to the Products he/she wishes to purchase, finish selecting Products and order them by clicking on "Order".
5.2.2 Client Identification
The Customer must then:
- identify him/herself by providing his/her login and password (should the login details have been lost or forgotten, the Customer should click on "Forgotten password").
- if he or she does not have an account, create one by clicking on "Create an account".
The customer's e-mail is used as a "login". On the other hand, the Customer alone shall choose his password. The Customer will receive an e-mail confirming his/her registration.
We strongly recommend that you do not choose a password that is a normal word, but instead alternate numbers, letters and special characters. The Customer is responsible for regularly changing his/her password on the "My Account" page.
The Customer alone is responsible for his/her password and its use. The Customer expressly undertakes to keep it in his/her possession and not to disclose it to anyone else for any reason whatsoever.
Consequently, the Customer expressly acknowledges that entering the login details constitutes proof of his/her identity and provides his/her consent.
5.2.3 Order confirmation
To finalise the order process, the Customer must complete the order form. It the Customer's responsibility to complete it in full and accurately. Fields marked with an asterisk are mandatory. The Customer must:
•choose the your delivery method. Delivery charges are specified on this page.
•complete the delivery and billing address. The delivery address is by default the same as the billing address, it can however be different (in particular for gifts);
•complete the debit/credit card details for payment ;
•read these T&CS by clicking on the link provided for this purpose and accept the same by ticking the "I accept the terms and conditions of sale" box;
The Customer cannot finalise the order process if he/she does not tick the "I accept the terms and conditions of sale" box.
Once the T&Cs have been read and the box ticked, the Customer must check the order summary showing the nature, quantity and price (including VAT) of the Products selected by the Customer, the delivery costs, as well as the total amount (including VAT) of the order, the amount of VAT, the Customer's contact details and the delivery and billing address.
If necessary, the Customer can modify the order and/or the information concerning the billing and/or delivery address by using the back button of his/her browser.
Once this has all been checked, the Customer must click on "Confirm Payment" to definitively confirm the order.
5.3. Order confirmation
Once the payment process is complete, the Customer is directed to a page displaying the order summary. The Customer can print this page.
An e-mail confirming the order, including the aforementioned summary, the order number and including a link to the cancellation form, is then sent to the Customer.
The Customer can also view the order summary in the "Purchase History" section of his/her account.
Without prejudice to the application of the provisions of article 7, the sale is deemed to be complete as soon as payment has been accepted by INGENICO E-COMMERCE SOLUTIONS.
However, NATURA reserves the right to refuse an order for a valid reason and, in particular, for reasons related to the supply of the Products, the inability to process an order received (illegible, etc.), an anomalous order or a foreseeable problem concerning delivery. NATURA will immediately inform the Customer by any means.
5.4 Order-specific limitations
The Customer is responsible for any use that may be made of the Products purchased on the Site. The Products are intended for the Customer's personal use, with no direct connection to the Customer's professional activity.
To limit the risk of fraud, the maximum order amount is limited to 500 euros including tax. Above this amount, the Customer will have to contact NATURA to place the order by sending an email to contact (at) naturabrasil.fr and/or by telephoning +33 (0)1 84 16 34 15. Otherwise, any order exceeding this amount will not be accepted and will not be deemed legally binding for NATURA.
To limit the risk of fraud, any Product can be ordered up to limit of 10 identical items per order.
Article 6. Delivery
6.1. Availability by country
The Products ordered by the Customer will be delivered to the following countries: mainland France (including Corsica and Monaco), Belgium, the United Kingdom, Ireland, Luxembourg and Switzerland only. No delivery will be made outside of these countries.
To view the delivery methods and costs for these various countries, please refer to the FAQ "Delivery costs and times".
The maximum delivery time is 30 working days from confirmation of the order.
When you place an order for delivery outside France, you are solely responsible for compliance with all the laws and regulations of the country in which the products will be received, as well as the payment of any customs duties. NATURA declines any responsibility in the event that the item delivered is not compliant with the legislation of the country of delivery.
6.2. Unavailability of Products.
Product offers and prices are valid as they are visible on the Site and within the limit of available stocks.
For Products not stored in NATURA warehouses or those of its service providers, offers on the Site are valid subject to availability with suppliers.
In the event of unavailability of any Product, the Customer will be informed as soon as possible. The Customer will be provided with this information, as far as possible, when the order is placed by means of a notice on the web page.
However, despite the care that NATURA takes in managing its stock and the steps it has taken in this regard, errors may exceptionally be made concerning stock levels. In this event, NATURA will inform the Customer, by e-mail or mail, of the unavailability of the relevant Product(s) as soon as possible, after order confirmation but before delivery.
NATURA will then take the necessary steps to refund the price(s) of the unavailable Product(s). The bank account linked to the debit/credit card details provided at the time of the order will then be credited with the relevant amount.
6.3. Terms and conditions of delivery
An e-mail is sent to the Customer when the order is handed over to the carrier. This e-mail contains the tracking number of the package with the carrier allowing the Customer to check the delivery date.
NATURA undertakes to do its best to ensure that the order is delivered at the latest by the delivery deadline indicated when the Customer confirmed the order. Saturdays, Sundays and public holidays are not considered working days. Public holidays are those of the French calendar.
In the case of items deliverable on different dates due to availability, the delivery deadline is based on the latest date. However, NATURA reserves the right to split deliveries. Delivery and handling costs will only be payable for one delivery.
The Customer is advised to regularly check the order status and to contact NATURA's customer service with any questions or if there is a problem relating to the order delivery by emailing contact (at) naturabrasil.fr or by telephoning +33 (0)1 84 16 34 15.
6.4. Late delivery
In the event of a late delivery, i.e. exceeding the maximum delivery date provided when the order was placed, the Customer is asked to notify NATURA as soon as possible by sending an email to contact (at) naturabrasil.fr and/or by telephoning +33 (0)1 84 16 34 15.
NATURA will to its best to resolve this difficulty and proceed with the delivery. NATURA will in particular be able to investigate with the carrier and inform the customer of the date on which the order can be sent to the delivery address. If the order is lost, NATURA will contact the Customer to suggest either redelivery of the order or a refund to the bank account linked to the card used for payment.
In any case, in the event of a late delivery (delivery exceeding 30 days) the Customer has the right to request the cancellation of the order by contacting NATURA's customer service department by sending an email to contact (at) naturabrasil.fr and/or by telephoning +33 (0)1 84 16 34 15. NATURA will reimburse the Customer, within a maximum period of fourteen (14) days, of the amount of the order (Price of the Products and delivery costs). The bank account linked to the debit/credit card details provided at the time of the order will then be credited with the relevant amount.
Delivery is deemed to have been made as soon as the carrier has made the order available to the Customer.
It is the Customer's responsibility to check the order's accuracy and integrity as soon as the order is received. Any complaints noted at the time of delivery (damaged packaging) should be reported to the carrier by the Customer on delivery.
Any anomaly and/or complaint must be notified to NATURA's customer service department at the same time. Upon receipt of such complaints, NATURA's Customer Service will exchange or refund the Products if they are not compliant with the order due to damage suffered during transport.
6.6. Delivery conformity - Legal guarantee of conformity and guarantee against hidden defects
Despite all the care taken by NATURA in preparing the packages, it is possible that a Product may not match the order or may have an apparent or hidden defect.
In accordance with the law, the Customer benefits from the legal guarantees of conformity (Consumer Code art. L211-4 et seq.) and the guarantee against hidden defects (Civil Code art. 1641 et seq.) allowing the consumer to return delivered products that are non-compliant or defective. The relevant legal provisions of these two guarantees are shown below in order to provide the Customer with full information on their conditions of use and their respective terms.
- Consumer Code - Article L211-4: The seller is required to deliver goods that comply with the contract and is liable for any lack of compliance existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where this is his responsibility under the contract or was carried out under his responsibility.
- Consumer Code - Article L211-5: To be compliant with the contract, the goods must:
- 1º Be fit for the use usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling,
- 2º Or have the characteristics specified by mutual agreement between the parties or be suitable for any specific use intended by the buyer, that was brought to the seller's attention and that the seller accepted.
- Consumer Code - Article L211-12: Action as a result of non-compliance is time-barred at two years from the date of delivery of the goods.
- Civil Code - Article 1641: The seller is bound by the guarantee against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he/she had been aware of them.
- Civil Code - Article 1648 paragraph 1: Action resulting from latent defects must be initiated by the purchaser within two years from the discovery of the defect.
Without prejudice to the Customer's rights under these two guarantees, if the Customer discovers a non-compliance or a defect, he/she may contact NATURA's customer service department within eight (8) working days to request an exchange or refund. The Customer is asked to attach any relevant documents to support his/her request.
After acknowledging receipt of this request, and having reviewed it, NATURA's customer service department may accept the Customer's request if NATURA considers that the conditions of its liability have been met, or refuse it if it concludes that the conditions of its liability have not been met.
If NATURA accepts the request to exchange the Product, the Customer must then return the Products to NATURA. The return costs will be paid by NATURA and NATURA's customer service department will send the Customer a return label for this purpose.
In the event of a refund, the bank account linked to the debit/credit card details provided at the time of the order will be credited with the relevant amount within a maximum time limit of 30 (thirty) days.
This amicable process does not deny Customers their rights under the legal guarantee of conformity and the guarantee against hidden defects, the relevant provisions of which are shown above.
Article 7. Right of withdrawal
The Customer has a period of fourteen days to exercise his/her right of withdrawal without having to justify his/her decision. This period starts from the day the Products are received by the Customer or a third party, other than the carrier, designated by the Customer. In the event of an order relating to several Products delivered separately, the fourteen-day period runs from the day of receipt of the last Product.
To exercise this right, the Customer must notify NATURA - Customer Service - 51 rue Le Peletier – 75009 PARIS or send an e-mail to: contact (at) naturabrasil.fr, before the expiry of the time limit, sending the cancellation form (download here) or any other unambiguous statement expressing his/her desire to withdraw from the contract.
The Customer must return the entire order to the following address NATURA - Service Retours - 51 rue Le Peletier – 75009 PARIS without undue delay and, at the latest, within fourteen days following the communication of his/her decision to withdraw. The Customer shall bear the direct costs of returning the Products.
The Customer shall only be held liable in the event that the goods have lost value as a result of handling other than that necessary to establish the nature, characteristics and proper functioning of the Products. Moreover, pursuant to Article L.121-21-8 paragraph 5 of the Consumer Code, and by way of exception to the information mentioned above, the Customer should note that the right of withdrawal cannot be exercised if the seal on the Products has been broken by the Customer after delivery, for reasons of hygiene or health protection.
When the right of withdrawal is exercised, NATURA shall reimburse all payments received from the Customer, including delivery costs (excluding additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by NATURA), without any undue delay and at the latest within fourteen days from the day on which NATURA was informed of the Customer's decision to withdraw. NATURA may defer the reimbursement until the Products and Gifts have been recovered or until the Customer has provided proof that the Products and Gifts have been dispatched, whichever comes first.
NATURA will issue the refund using the same payment method as that used by the Customer for the original transaction, unless the Customer expressly agrees to use another payment method. The refund will not incur any costs to the Customer.
Article 8. Payment
The price billed to the Customer is the price shown on the order confirmation approved by the Customer.
It is specified that payment must be made by debit/credit card and that this implies immediate payment.
It should also be noted that payment is made in a secure environment on the servers of our service provider INGENICO.
Consequently, the Customer must have a bank card (Carte Bleue, Visa, Mastercard, Eurocard networks), the validity of which will be checked and confirmed by INGENICO's electronic payment server.
When entering the Bank Card information, the Customer shall enter his/her card number and its expiry date, as well as the CVV, if any. (The CVV is the number on the back of the Customer's bank card).
Bank card details are secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to the means of payment as effectively as possible, the Customer's bank card details will not be stored on NATURA's computer system. They are therefore deleted once the order has been completed.
NATURA reserves the right to refuse any order or any delivery if the banking institutions refuse to authorise the bank card payment and/or if delivery is requested outside of the countries listed in article 6.
NATURA reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the Customer, a payment problem and/or fraudulent use of the site or the payment method chosen by the Customer.
In order to process orders, NATURA may contact the Customer by any means, in order to confirm an order and may, if necessary, ask for any documentary evidence deemed necessary (relating to identity, and/or address and/or the means of payment used). The Customer must provide the supporting documents requested within 15 working days of receipt of NATURA's request. The Customer acknowledges that any delay, failure or refusal to provide the required documents will result in the order being cancelled by NATURA. On receipt of the supporting documents and in the event of confirmation of the order by NATURA, the time taken by the Customer to send the documents requested will delay the delivery of the Product(s) by the same amount.
Article 9. Service interruption
The Site is accessible 24 hours a day, 7 days a week except in cases of force majeure or events beyond NATURA's control. NATURA may be required to interrupt access to all or part of the Site temporarily for maintenance reasons in order to ensure the proper functioning of the Site, without giving rise to any right to compensation for the Customer.
In addition, the Customer acknowledges that he/she is aware of the complexity of global networks, the capacity differences between different sub-networks, the influx of users at certain times and the various "bottlenecks" at certain locations on the Internet. As current Internet transmission protocols do not allow guaranteed and continuous receipt of messages and the integrity of documents transmitted, NATURA cannot be held responsible in the event of poor transmission due to a failure or malfunction of these transmission networks.
Article 10. Force majeure
NATURA shall not be held liable for any defect, delay or non-performance of its obligations under the T&Cs, when this defect, delay or non-performance is caused by force majeure as usually defined by French case law.
Article 11. Personal Data
The Customer hereby acknowledges that placing an order for Products results in the automated collection and processing by NATURA of the Customer's personal data, the use of which is subject to the provisions of Law No. 78-17 of 6 January 1978 relating to Data Protection, as amended by Law No. 2004-801 of 6 August 2004. Information marked by an asterisk is compulsory for the Customer's registration to be confirmed or for any activity for which information is requested from the Customer. The Customer has a right to access and rectify data concerning him/her as well as a right to oppose, for legitimate reasons, the processing of his/her information concerning him, by sending an e-mail to the following address contact (at) naturabrasil.fr.
Article 12 Applicable law - Mediation
These T&Cs are subject to French law. The Product offer, the General Terms and Conditions of Sale and the special terms and conditions are written in French and English. In the event of a dispute before the French courts, only the French language version of these documents shall prevail between NATURA and the Customer.
NATURA is a member of the Federation of e-commerce and distance selling (FEVAD) and is committed to the FEVAD Code of Ethics for e-commerce and distance selling.
In accordance with the provisions of the French Consumer Code concerning amicable dispute resolution, NATURA is a member of the FEVAD e-commerce mediation service, whose contact details are as follows: Médiateur de la consommation FEVAD, BP20015 - 75362 PARIS CEDEX 8 - FRANCE - http://www.mediateurfevad.fr.
In accordance with the rules applicable to mediation, all consumer disputes must first be referred in advance to