Please find here our Terms of sales in French : Conditions générales de vente
Preamble
The present general conditions of sale apply to all sales concluded on the website “La beauté et moi”.
The site lbem.art is a service of the individual company La beauté et moi
located at :
19 Rue Saint-Jean,
52000 Chaumont, France
The website address is https://lbem.art, https://de.lbem.art, https://es.lbem.art, https://it.lbem.art, https://uk.lbem.art
It is managed by Ludovic Bablon,
The website La beauté et moi sells the following products
- Posters
- Digital files
The customer declares to have read and accepted the general conditions of sale before placing his order.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. In this direction, the purchaser is considered to accept them without reserve.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.
They are available on the “La beauté et moi” website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
The present general conditions of sale are valid until January 01, 2023.
Article 2 – Purpose
The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, on the website La beauté et moi.
The present terms and conditions only apply to purchases made on the La beauté et moi website.
Article 3 – Pre-contractual information
The buyer acknowledges having been informed, prior to placing an order and concluding the contract, in a legible and comprehensible manner, of the present general terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
Are transmitted to the buyer, in a clear and understandable way, the following information :
– the main characteristics of the good;
– the price of the good and/or the method of calculation of the price;
– if applicable, all additional transport, delivery or postage costs and all other possible charges payable;
– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
– information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 – Information on the products
The products governed by these terms and conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with varying degrees of accuracy; some products are presented in a deliberately fanciful manner. That is why, if errors or omissions could have occurred as for this presentation, the responsibility of the salesman could not be committed.
The photographs of the products are not contractual, in particular as regards the colors, which depend on factors impossible to guarantee, such as the type of terminal on which the purchaser consults the site of the salesman.
Article 5 – The order
The buyer places an order online by
clicking “add to cart” on the goods chosen in the site’s catalog, for any product, within the limits of available stocks (if the product is unavailable, the buyer will be informed)
then by going to the page of his basket and clicking on “validate the order”.
The buyer thus indicates that he accepts the present general conditions and that he has taken note of the prices, the expenses and the description of the products.
He chooses the delivery address and method of payment.
The seller sends the buyer a confirmation of his order by e-mail, and the full price of the goods and shipping costs is collected by the seller – after which the sale is considered final.
In case of non-payment, wrong address or any other problem coming from the buyer, the seller reserves the right to temporarily block or permanently cancel the buyer’s order.
For any question relating to the follow-up of an order, the purchaser can send an e-mail to the salesman at the following e-mail address:
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following phone number:
The computerized registers, kept in the computer systems of the salesman in reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 6 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros, pounds sterling or US dollars, or other currencies. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
Article 7 – Method of payment
The placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card or Stripe from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is made in full on the day of the order, by credit card or by Stripe.
Article 8 – Availability of products – Refund – Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The delivery time starts from the date of registration of the order indicated on the order confirmation email.
In case of non-compliance with the agreed delivery date or time, the buyer shall, before breaking the contract, request the seller to execute it within a reasonable additional time. If the Seller fails to do so within such further period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
However, the buyer may terminate the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled, by means of payment such as bank transfer or Paypal account.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for a refund of the sums paid within 14 days at the latest of their payment, or to exchange the product.
Article 9 – Terms of delivery
Delivery of digital products
The purchase of digital products (files) on the lbem.art websites gives rise to an immediate download once the payment has been accepted.
The customer goes to the My Account page to download his files. These files are then considered as delivered. The files remain available for download for a limited period of 7 days after the purchase.
Delivery errors
The buyer must make to the seller on the day of delivery or no later than the first business day after delivery, any claim of error of delivery and / or non-conformity of products in kind or quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim can be made by e-mail to the following address:
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, to the following address Ludovic Bablon, 19 Rue Saint-Jean, 52000 Chaumont.
The cost of return is the responsibility of the seller.
Article 10 – Product Warranty
The seller is responsible for the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of compliance provided in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
– the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the good.
In accordance with articles 1641 and following of the civil code, the seller is responsible for hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the purpose for which they were intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 11 – Right of withdrawal
According to the article L221-28 of the Code of the consumption, the right of retractation cannot be exercised for the contracts of supply of a digital contents not supplied on a material support whose execution began after prior express agreement of the consumer and express renunciation of his right of retractation.
Article 12 – Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 13 – Intellectual property
The content of the website remains the property of the seller, the only holder of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 14 – Data processing and freedom
The personal data provided by the buyer (name, physical address and email, in particular) are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman (in particular La Poste and Stripe) in charge of the execution, the treatment, the management and the payment of the orders.
The buyer has a permanent right of access, modification, rectification and opposition concerning the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the website La beauté et moi.
Article 15 – Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 16 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 17 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 18 – Language of the contract
The present general conditions of sale are originally written in French, they are translated into several other languages, however only the French text is authentic in case of dispute.
Article 19 – Mediation and settlement of disputes
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform (accessible at: https://webgate.ec.europa.eu/odr/), facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union.
Article 20 – Applicable law
The present general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 21 – Protection of personal data
The personal data that are collected on this site are the following:
– account opening: during the creation of the user’s account, his name; first name; e-mail address; postal address;
– connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location and payment data;
– profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
– communication: when the website is used to communicate with other members, data concerning the user’s communications is temporarily stored;
– cookies: cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organizing the conditions of use of the Payment Services;
– verification, identification and authentication of the data transmitted by the user;
– offering the User the possibility of communicating with other users of the Website;
– implementation of user assistance;
– personalization of services by displaying advertisements according to the user’s browsing history and preferences;
– prevention and detection of fraud, malicious software and management of security incidents
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
– when the user publishes publicly accessible information in the free comment areas of the website;
– when the user allows a third party’s website to access his/her data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users would be informed before personal data is transferred to a third party.
The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by making their request to the following address
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
- the right to the deletion of data: users may request the deletion of their personal data, in accordance with the applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
- the right to portability: they can request that the website gives them the personal data provided to it in order to transmit them to a new website.
The website reserves the right to make any changes to this clause on the protection of personal data at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
Article 22 – Cancellation form
The buyer can send this withdrawal form to the seller.