WHERE CAN YOU FIND US?
ARTICLE 1 - GENERAL INFORMATION
The site (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet at the following address: https://www.ellabache.co.uk/
It is published by the company: Laboratoires B.L.C. THALGO COSMETIC, a joint stock company with a capital of 2,586,885 euros, whose headquarters are located at Domaine des Châtaigniers - 83520 Roquebrune-sur-Argens, registered in the Fréjus Trade and Companies Register under no. 662 029 719, owner of the ELLA BACHÉ brand and trade name (hereinafter referred to as "ELLA BACHÉ").
The present general terms and conditions of sale govern exclusively the sale of ELLA BACHÉ brand products via its website https://www.ellabache.co.uk/ and solely for the use of non-trading consumers (hereinafter referred to as the Customer(s)). They are systematically accessible on the present site by the purchaser when the order is registered. Consequently, the fact of placing an order implies the buyer's acceptance of these general conditions of sale to the exclusion of all other conditions present in prospectuses, catalogues issued by ELLA BACHÉ and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
The sale of ELLA BACHÉ products on the present site is exclusively reserved for the final consumer, i.e. any individual or legal entity not acting as a merchant and having the legal capacity to contract.Consequently, orders from professionals will not be honoured by ELLA BACHÉ. In this respect, ELLA BACHÉ reserves the right to cancel any order of an abnormal nature such as an order for quantities of products exceeding the normal needs of a consumer or abnormal flows of orders to the same invoicing and/or delivery address.
Furthermore, ELLA BACHÉ products are intended to be sold only through ELLA BACHÉ's distribution networks. Consequently, Customers or consumers who purchase ELLA BACHÉ products on its BtoC Site are prohibited from selling, purchasing or receiving ELLA BACHÉ products as gifts for the purpose of resale outside ELLA BACHÉ's distribution networks, in particular on Internet sites. In addition to an infringement of ELLA BACHÉ's brands or the integrity of its products, such actions may give rise to civil and, where applicable, criminal liability on the part of the perpetrators.
ELLA BACHÉ and the Customers are hereinafter collectively defined by the "Parties" and individually by the "Party".
ELLA BACHÉ reserves the right to modify at any time the present general conditions of sale and guarantees, as well as the content of the information published on the Site, at any time and without prior notice, it being understood that the modifications made will not be applicable to orders validated by the Customer, accepted and confirmed by ELLA BACHÉ.
The Customer acknowledges having read and accepted the terms and conditions of these General Terms and Conditions of Sale (hereinafter the "GTCS"). The GCS express the entirety of the obligations of the Parties. The Customer is deemed to accept them without reservation.
They are accessible on the Site and shall prevail, where applicable, over any other version or any other contradictory document. It is specified that the Customer has the option of saving and/or printing the General Terms and Conditions of Sale, provided that no changes are made.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
ARTICLE 2 - SITE EDITOR
SA Laboratoires B.L.C. THALGO COSMETIC
Domaine des Châtaigniers - 83520 Roquebrune-sur-Argens
RCS Fréjus no. 662 029 719
VAT number: FR 65 542 040 803
Telephone number: +33 (0)1 47 42 88 41
E-mail: serviceclient-paris@thalgo.com
ARTICLE 3 - SITE HOST
This site is hosted by :
MICROSOFT AZURE
Managed by :
SYSCALE LIMITED
71-75 Shelton Street
Covent GardenLondon,
WC2H 9JQ
United Kingdom
ARTICLE 4 - CUSTOMER SERVICE AND E-MAIL
For any information, questions or advice, our Customer Service is at your disposal:
E-MAIL
ELLA BACHÉ
Customer service
9 rue Saint-Fiacre
75002 Paris
TELEPHONE
Telephone: +33 (0)1 47 42 88 41
Monday to Friday, 9am to 12.30pm and 1.30pm to 5pm (cost of a local call), except during ELLA BACHÉ's closure periods, which will be duly specified on the Site.
E-MAIL
serviceclient-paris@thalgo.com
ARTICLE 5 - PRODUCTS - OFFERS - PRICES
Prior to placing an order, the Customer may consult the essential characteristics of the Products he/she wishes to order directly on the Site.
The User also acknowledges that promotional offers are valid as long as they are published on the Site and within the limit of the validity of the offer concerned.
ELLA BACHÉ reserves the right to modify its prices at any time, but undertakes to apply the prices in force on the date of the order, subject to the availability of the products at the time of the order. If the order is validated and the products are unavailable after the date of the order, the price indicated on the date of the order will be applied, even if this price changes before the delivery of the said products.
Prices are given in euros and include all taxes. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the products.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price.
The offers proposed on the ELLA BACHÉ website are only valid for the period mentioned in the promotional material (e-mails, home sliders, etc.) and are not applicable, unless otherwise stated, in the partner beauty salons.
ARTICLE 6 - ORDER
The Customer may place an order online from the "OUR PRODUCTS" section or any other section providing access to the Product catalogue, subject to availability.
The various stages are as follows:
- Select the item(s) to be ordered and add them to the basket. Entering an offer code to benefit from a price, gift or promotion. Customers may check the details and contents of their basket and the corresponding price at any time and make any necessary changes.
- Registration of the order. The order can only be registered on the Site if the Customer has clearly identified himself to his customer account with his login and password. New customers must create an account by entering a valid e-mail address and a password (personal and confidential) which will subsequently be used to identify themselves on the Site. In all cases, the personal information required to process and deliver orders must be provided.
- Choice and confirmation of delivery method.
- Choosing and confirming the payment methods offered.
- When the order is confirmed by the Customer, by clicking on the "Order / Validate my basket" button, the Customer declares that he/she accepts it, as well as all of these general conditions of sale. In addition, ELLA BACHÉ provides the Customer with a copy of the order on a durable medium, confirming the express commitment of the Parties.
As soon as the order is registered, a detailed acknowledgement of receipt is sent to the Customer's e-mail address. This acknowledgement of receipt summarises all the constituent elements of the order, including the exact amount invoiced and the delivery terms.
It is specified that the acknowledgement of receipt of the order shall under no circumstances constitute confirmation of the availability of the product(s) ordered or validation of the payment of the order.
Any order implies acceptance of the prices and descriptions of the Products and Services available for sale.
An order is deemed to have been placed on the website and the general terms and conditions of sale and guarantees to have been accepted once the buyer has confirmed payment. The buyer acknowledges that the data recorded by ELLA BACHÉ and the secure payment provider constitute proof of the nature, content and date of the order.
The compulsory ticking of the General Terms and Conditions of Sale to validate their approval by the Customer and the click to proceed to payment via the secure payment site constitute an electronic signature which has the same value as a handwritten signature, and an irrevocable and unreserved acceptance of the order and its conditions by the buyer.
The sale will not be considered final until ELLA BACHÉ has sent the buyer confirmation of the order and has received payment in full.
In the event of non-payment, and/or an erroneous Client address, and/or any other problem inherent in the Client's account, ELLA BACHÉ reserves the right to block the Client's order until the problem is resolved.
ELLA BACHÉ also reserves the right to cancel any order from a buyer with whom there is a previous payment dispute or for any other legitimate reason, in particular with regard to the abnormal nature of the order (large amount, in particular over €200 including VAT). In case of doubt, ELLA BACHÉ reserves the right to ask the Customer to send a copy of an identity document and/or proof of address by fax or e-mail.
In order to monitor the order in progress, the Client may consult his/her email inbox, where an email will be sent automatically at each stage of the order processing, or consult the client account, under the heading "My account" and follow the same instructions. The Customer may also contact ELLA BACHÉ directly using the contact details provided in the "Contact Us" section of the Site.
ARTICLE 7 - PRODUCT AVAILABILITY
The products offered on the site are only valid while stocks last. The Customer may not select a product whose unavailability is known in advance. The "buy" button will disappear from the Site if the product is temporarily unavailable. In the event of the unavailability of one or more Products after the order has been placed and within 8 days of the order date, the Customer will be informed by email and/or telephone of the possibility of partial delivery of the order, of the provisional date of availability of the missing Product(s), or of the possibility of cancelling the order.
The customer may choose to :
- Hold the order pending delivery of the unavailable product,
- Or request partial cancellation of the order,
- Or request cancellation of the entire order.
The customer then has a cooling-off period of 14 days to request total or partial cancellation of the order. In the absence of a decision by the customer within this period, partial delivery of the products will be made, followed by delivery of the remaining products as soon as they become available.
If payment has already been made, ELLA BACHÉ will reimburse the customer partially (in the case of partial delivery) or totally (in the case of total cancellation) within 30 days according to the following terms and conditions:
- If the payment was made by bank card or Paypal account, the refund will be made, via the website, to the same card as the one used for payment.
- If the payment was made by e-Card, the refund will be made by transfer to the customer's bank account, according to the bank details to be provided by the customer.
For any questions relating to the tracking of an order, the Customer may contact Customer Services
- by telephone on +33 (0)1 47 42 88 41 from Monday to Friday from 9am to 12.30pm and from 1.30pm to 5pm (cost of a local call), except during periods when ELLA BACHÉ is closed, which will be duly specified on the Site.
- Or by e-mail: serviceclient-paris@thalgo.com
ARTICLE 8 - TERMS OF PAYMENT
Payment for purchases on the Site is made exclusively in Euros.
The Customer's order must be validated by payment, which is due as soon as the order is placed. The Customer may pay for his order :
- by credit card. The only payment cards accepted on the Site are : Visa, Mastercard and Maestro.
- or via a Paypal account,
- or by e-carte bleue (electronic credit card)
The Customer's account will be debited for the total amount of the products purchased, including VAT, when the order is validated. A proof of payment (or credit card receipt) is sent to the Customer by e-mail.
However, ELLA BACHÉ reserves the right to suspend the order and any delivery in the event of refusal to authorise payment by credit card by the accredited organisation or in the event of non-payment.
ELLA BACHÉ also reserves the right to suspend the current order if a payment dispute or of any other nature concerning a previous order by the Customer is being administered.
ELLA BACHÉ makes every effort to ensure the confidentiality and security of data transmitted on the web. To this end, the Site uses a secure SSL (Secure Socket Layer) payment module marketed by PAYBOX VERIFONE so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the network.
Payments made by the Client will only be considered final once ELLA BACHÉ has effectively collected the sums owed by the Client.
ELLA BACHÉ may not be held responsible for any embezzlement or fraudulent use of any means of payment that may not have been detected by the verification procedure. The buyer guarantees ELLA BACHÉ that he/she has the necessary authorisations to use the method of payment that he/she has chosen for his/her order. Furthermore, the Customer is invited, as soon as fraudulent use of his/her means of payment is detected, to contact customer service
- by telephone at: +33 (0) 1 47 42 88 41 from Monday to Friday from 9am to 12.30pm and from 1.30pm to 5pm (cost of a local call), except during ELLA BACHÉ's closure periods which will be duly specified on the Site.
- by e-mail: serviceclient-paris@thalgo.com
ARTICLE 8-2 - PAYMENT IN 3 FREE INSTALMENTS
Scalapay allows you to pay for your order in 3 free instalments in complete security, with no minimum purchase and you receive your order immediately.
To take advantage of this facility:
1. Select the Scalapay payment method.
2. Create your account in just a few clicks or log in.
3. Pay in 3 free instalments.
DUE DATE FOR THE 3 INSTALMENTS
The first instalment will be debited immediately on purchase and the remaining 2 instalments
will be debited within 2 months. The total cost of your purchase is divided into 3 equal
equal instalments.
● 1st instalment: debited at the time of purchase.
● 2nd instalment: 1 month from the date of purchase.
● 3rd instalment: 2 months from the date of purchase.
ACCEPTED PAYMENTS
To use Scalapay, you must link a payment method to your account. Payments will be automatically debited according to your preferred method.
Scalapay accepts all major credit cards: VISA, MASTERCARD and AMERICAN EXPRESS.
HOW MUCH DOES IT COST TO USE SCALAPAY?
Payment with Scalapay is completely free. That's right! You only pay the amount of your order divided into 3 monthly instalments.
WHEN WILL MY ORDER BE DISPATCHED?
Your order will be dispatched directly after your purchase, depending on the delivery option selected.
ARTICLE 9 - PROOF OF TRANSACTION
The computerised registers, kept in ELLA BACHÉ's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments that have taken place between the Parties. Orders and invoices are archived on a durable and reliable medium that can be produced as proof.
ARTICLE 10 - DELIVERY TERMS
Delivery refers to the transfer of physical possession and control of the Product by the Customer. It is only completed after confirmation of payment by ELLA BACHÉ's banking institution.
Once registered, the order will be delivered to the address provided by the Customer. ELLA BACHÉ cannot be held responsible for non-delivery to the Customer if the provided address is incorrect or incomplete. Therefore, the Customer is responsible for the accuracy of their billing and delivery addresses. Any package returned to ELLA BACHÉ due to an incorrect or incomplete delivery address will be resent at the Customer's expense.
The Customer can request that the invoice be sent to the billing address and not the delivery address by selecting the option provided for this purpose during the order validation process.
No deliveries are made to campsites, hotels, post offices, P.O. boxes, etc. For delivery to the Customer's home in Metropolitan France, Corsica, and Monaco, the delivery time is 4 to 7 working days from the day following the Customer's order (48 hours for order processing followed by carrier transit time, except in cases of force majeure or during any periods of online store closure, which are announced on the homepage, and subject to availability).
In case of failure to meet the agreed delivery date or deadline, the Customer may request in writing that ELLA BACHÉ execute the delivery within a reasonable period not exceeding 30 days from the order date.
If the delivery time exceeds 30 working days from the order validation date, the sales contract may be terminated, and the order canceled by the Customer in writing either by post to the address of ELLA BACHÉ's headquarters or by email to serviceclient-paris@thalgo.com.
The contract will be considered as terminated upon receipt by ELLA BACHÉ of the written notice informing them of this termination, unless ELLA BACHÉ has already fulfilled its obligations in the meantime.
When the contract is terminated, ELLA BACHÉ has a period of 14 days following the date on which the contract was terminated, to refund the buyer the full amount paid by the Customer.
By exception, the Customer agrees that delivery times may be delayed during periods of closure of ELLA BACHÉ. For this purpose, the Customer will be informed in advance on the Website of any closure periods that may cause an extension or postponement of the delivery time. In this case, the Customer may:
- either confirm their order and accept without reservation the date on which their order will actually be prepared and shipped,
- or wait for the resumption date of ELLA BACHÉ's activity to place their order.
For the delivery of its shipments, ELLA BACHÉ uses the services of:
- "Colissimo suivi avec signature" for direct delivery to the Customer's home or to an address of their choice. In case of the Customer's absence on the day of delivery, the carrier will leave a delivery notice in the mailbox, which will allow the Customer to pick up the parcel at the specified location and within the indicated time frame. ELLA BACHÉ cannot be held responsible for the absence or loss of said delivery notice.
- or "DPD for delivery to a parcel relay point."
At the time of ordering, the Customer can choose one of these two delivery modes. The rate for Colissimo is €3.90 including VAT per order, and €3.90 including VAT per order for DPD, for any order equal to or less than a total amount of €70 including VAT. Delivery charges are waived for any order exceeding €70 including VAT or in case of occasional promotional offers indicated on the website.
Delivery times are given for information purposes only. In case of force majeure, ELLA BACHÉ cannot be held responsible for delivery delays, and no delay could result in penalties being imposed on the Seller, nor cancellation of the order.
Regardless of the chosen delivery method, the Customer must sign the delivery note to confirm receipt of their parcel, and may therefore check the condition of the parcel and products upon receipt.
If, at the time of delivery, the parcel is damaged, torn, or open, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the parcel and note the following reservation on the delivery note: "parcel refused because it is open or damaged."
The Customer must indicate on the delivery note, in the form of handwritten reservations, accompanied by their signature, any anomaly concerning the delivery such as, but not limited to, damages, missing Products compared to the delivery note, damaged parcel, broken Products, etc. The Customer must also communicate their reservations and the incidents they have observed to ELLA BACHÉ's Customer Service within 5 working days from the receipt of the order.
When the Customer, or any person authorized by them, signs the delivery note, the parcel is deemed to have been checked.
If the parcel shows no apparent anomalies, and the Customer finds that the products are damaged, missing, or non-compliant at the time of opening, the Customer then has a withdrawal period of 14 clear days from the date of receipt of the order, at the address indicated in the General Terms and Conditions of Sale. For this purpose, they have a complaints form attached to these General Terms and Conditions of Sale.
If the Products need to be returned to ELLA BACHÉ, a return request must be made to ELLA BACHÉ within 14 days following the delivery date, and they must be returned no later than 14 working days following the request. Furthermore, Product returns will only be accepted by ELLA BACHÉ in their original condition (packaging, accessory, instructions) and only if they have not been unsealed by the Customer. The return of products is at the expense of the Customer.
ARTICLE 11 - RIGHT OF WITHDRAWAL
If the products received are damaged, not in conformity with the order, or do not meet the customer's expectations, the customer has a withdrawal period of fourteen (14) clear days from the delivery of their order. When the fourteen (14) day period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day. Within this period, the customer must inform ELLA BACHÉ of their decision to withdraw using the withdrawal form attached to these General Terms and Conditions of Sale, or by sending a letter or email to the contact details provided on the Website or in these General Terms and Conditions of Sale.
The customer then has a period of fourteen (14) clear days from the date of their formal withdrawal request to return the products to Laboratoire BLC Thalgo Cosmetic S.A – ZAC des Ferrières II – Allée de Vaugrenier – 83 490 le Muy, in their original condition (packaging, accessories, instructions), and only if they have not been unsealed by the customer. The return shipping costs remain the responsibility of the customer.
The customer has the option to either exchange the returned product(s) or request a refund for the amount paid for the returned product(s).
The exchange of products or the refund of amounts paid will occur no later than within fourteen (14) days from the date of receipt of the returned products or the receipt of proof of shipment of the return, whichever occurs first. Beyond this period, the amount due automatically accrues interest at the legal rate in force.
Shipping costs and return costs will not be refunded and will remain the responsibility of the customer, unless the products are returned because they do not correspond to the customer's order (reference error), or if they were damaged during transport and the customer made a note of this upon receipt. In these cases, provided that the non-conforming and/or damaged products have not been unsealed by the customer, the shipping costs of the initial order and the return costs will be fully refunded to the customer.
If the customer chooses to exchange the returned products, ELLA BACHÉ will assign an exchange number for the concerned product(s) and communicate it to the customer via email. The exchange of a product can only take place after the exchange number has been assigned.
In the event of an exchange error, any product to be exchanged or refunded must be returned to ELLA BACHÉ in its entirety and in its original packaging, via Registered Colissimo, to the following address: Laboratoire BLC Thalgo Cosmetic S.A - Domaine des Châtaigniers – CS 40 202 – 83520 Roquebrune-sur-Argens. Return costs are the responsibility of ELLA BACHÉ.
Any product unsealed by the customer before its return to ELLA BACHÉ will be considered as already used by the customer, and consequently, cannot be exchanged or refunded unless it reveals a quality issue with the product contained in the packaging. In this case, ELLA BACHÉ will conduct all necessary analyses and cover all expenses incurred by the customer, if the non-conformity of the product is found to be the responsibility of ELLA BACHÉ.
For any additional information on the scope, content, and instructions regarding the exercise of this right, the customer can contact ELLA BACHÉ Customer Service at the following contact details:
Phone number: +33 (0)1 47 42 88 41
Email address: serviceclient-paris@thalgo.com
ARTICLE 12 - LEGAL GUARANTEES
The customer benefits from the legal guarantee of conformity under the conditions of Articles L.211-4 and following of the Consumer Code, and the guarantee against hidden defects under the conditions provided for in Articles 1641 and following of the Civil Code.
Consumer Code – Article L211-4: the seller is obliged to deliver goods in conformity 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 […].
Consumer Code – Article L211-5: to be in conformity with the contract, the goods must:
1/ Be fit for the usual purpose of goods of the same kind and, if 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; have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, in particular in advertising or labeling,
2/ Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Consumer Code – Article L211-12: the action resulting from a lack of conformity is time-barred two years from the delivery of the goods.
Civil Code - Article 1641: the seller is liable for hidden defects in the thing sold that render it unfit for the intended use, or that so diminish its use that the buyer would not have acquired it, or would have paid a lesser price, if they had known about them.
Civil Code - Article 1648 paragraph 1: the action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
When the customer acts under the legal guarantee of conformity:
• They have a period of 2 years from the delivery of the goods to act;
• They may choose between repair or replacement of the goods, if this is obviously possible given the nature of the Products, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
• They are exempt from proving the existence of the conformity defect of the Product during the 24 months following the date of delivery of the goods. The legal guarantee of conformity applies regardless of any commercial guarantee possibly granted to the customer.
When applicable, the customer may decide to invoke the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, the customer may choose between cancelling the sale or a reduction in the sale price, as provided for in Article 1644 of the Civil Code.