ILIOZA
GENERAL CONDITIONS OF SALE

ARTICLE ONE - Scope

These General Conditions of Sale apply, without restriction or reserve, to all sales concluded by “ILIOZA” (“the Seller”), and under all the trademarks belonging to it, in particular the trademark “PERDELAC COSMETIQUE”.

“ILIOZA” markets the products offered for sale and named (“The Products”) exclusively to consumers (“Customers or the Customer”),

They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.

The Seller is specialised in the following activities:

  • Design, manufacture, marketing and distribution of natural, innovative and ecological cosmetic products.

The main characteristics of the Products and in particular their specifications, illustrations, indications of dimensions or characteristics are presented on the website at the following address www.perdelac.com.

The Customer is obliged to read them before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The Customer is required to refer to the description of each Product in order to find out the properties and essential features thereof.

Product offers are within the limit of available stocks, as specified at the time of placing the order.

The Seller’s contact details are as follows:

ILIOZA
S.A.R.L. (limited liability company) with capital of 150,000 euros
13 rue de la Poste
27400 LA HAYE-MALHERBE
RCS EVREUX – n° B 801 821 463
Email: contact@ilioza.com
Telephone: 02 32 25 15 23

These General Conditions of Sale apply to the exclusion of all other conditions.

These General Conditions of Sale are accessible at all times on the Seller’s website, at the address www.perdelac.com and shall prevail, if necessary, over any other version or any other contradictory document. It is also specified that these General Conditions of Sale are to be validated at the time of the process of placing orders.

The Customer declares that it has read these General Conditions of Sale and accepted them by placing an order on the website at the following address www.perdelac.com

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force at the time of placing the order.

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

The Products are offered for sale, by the Seller, on French territory as well as abroad.

ARTICLE 2 – Orders

Preliminary formalities:

Before placing any order, Customers must be registered on the Seller's website at the following address: www.perdelac.com, they will be invited on this occasion to provide personal information such as their title, postal address, e-mail address, etc.

At the end of the registration procedure, an acknowledgement of the creation of the customer account will be sent by the Seller to the Customer by e-mail.

Placing orders:

It is initially up to Customers to select the Products they wish to order on the website.

Once the choice has been made and in order to finalize the order, Customers are invited to go to their basket where a summary table of the said order appears. Once this has been validated, the terms of delivery and the amounts to be paid, corresponding to the Products ordered, are then stated. Customers are then asked to make their payment in full by credit card or Paypal.

An email is then sent by the Seller, to the Customers, confirming and validating their order.

Finally, a new Email will be sent to the Customers at the time of shipment of their orders so that they can in particular monitor them.

The process of validation of the order is done by successive entries of data allowing Customers to make possible modifications to their orders before the final summary and the final recording thereof.

In order to allow Customers to go back to their orders to check the content thereof and correct any errors, the Seller has thus created several validation and acceptance screens.

The order will be definitively recorded only on the third and last validation of the summary screen of the order, the total price as well as the choice of the mode of payment of this order.

The sale will be considered final only after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, and after the Seller has received the full price thereof.

Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that it is notified by e-mail to the Seller (serviceclient@perdelac.com) at least 72 hours before the date scheduled for dispatch of the order.

If the procedures described above are not respected, the Seller will not perform its service and cannot be held responsible for it.

ARTICLE 3 – Prices

The Products are supplied at the prices shown on the website www.perdelac.com at the time of placing the order.

The prices are quoted in Euros excluding tax and including tax.

The prices displayed are binding. Processing, shipping, transport and delivery costs are invoiced in addition to the Products, under the conditions indicated at the time of placing the order.

An invoice is drawn up by the Seller and delivered to the Customer when the ordered Products are delivered.

ARTICLE 4 - Terms of payment

Products ordered by Customers are payable in cash and in full (including carriage), on the website www.perdelac.com, directly by credit card or Paypal.

Payments made by Customers shall be considered as final only after the Seller has actually collected the sums due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price under the conditions and within the time limits indicated above.

It is specified that any amount not paid by the Customer, on its due date, will result in:

  • the application of penalties for delay in payment calculated at the rate of 10% of the amount inclusive of tax of the sums due, per month of delay and per unpaid invoice. They shall be automatically and rightfully acquired by the Seller, without any formality or prior formal notice
  • the possibility for the Seller to suspend or cancel the supply of the Products ordered by the Customer and to suspend the performance of its obligations
  • the possibility for the Seller to bring any action, in this respect, against the Customer

ARTICLE 5 – Deliveries

Products ordered by Customers will be delivered within a minimum of 72 hours and a maximum of 30 days from placing orders, to the address indicated by the Customer.

This period of 30 days may be recorded in particular for deliveries made abroad.

It is specified in this respect that delivery times vary according to the quantities required by Customers but also, particularly for deliveries to foreign countries, according to the country of destination and the carrier selected.

Delivery is constituted by the transfer to Customers of physical possession of the Products ordered.

The Seller undertakes to do its utmost to deliver the products ordered by Customers within the deadlines specified above.

However, these delivery times are given for guidance.

If the Products ordered have not been delivered within 30 days after the indicative delivery date stated at the time of placing the order, for any reason other than force majeure or due to the Customer, the sale may be cancelled at the Customer’s written request under the conditions provided for in articles L 216-2 and 216-3 of the Consumer Code. Sums paid by Customers will then be returned to them at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Customers are obliged to check the condition of the Products delivered by the Seller. They have 48 (FORTY-EIGHT) hours from delivery to formulate in writing (registered letter with acknowledgement of receipt, e-mail to serviceclient@perdelac.com) any reservations or claims for non-compliance of the order or apparent defect of the Products delivered, with all supporting documents relating thereto (photos in particular). Beyond this period, and failing to have complied with these formalities, the Products shall be deemed to be in compliance with the order and free of any apparent defect and no claim shall be validly accepted on these points by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered for which the non-compliances with the order or apparent defects have been duly proved by the Customer.

ARTICLE 6 - Transfer of title - Transfer of risks

The transfer of title of the Seller’s Products to Customers shall only take place following full payment of the price by the latter, regardless of the delivery date of the said Products.

Regardless of the date of the transfer of title of the Products, the transfer of the risks of loss and damage relating thereto shall not take place until the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk.

ARTICLE 7 - Right of withdrawal

In accordance with the legal provisions in force, Customers have fourteen days from receipt of the Products to exercise their right of withdrawal with the Seller, without having to justify reasons or pay any penalty, for the purposes of exchange or refund, provided that the Products are returned in their original packaging, unsealed, within 15 days following notification to the Seller of the Customer’s withdrawal decision.

For this purpose, it is specified to Customers that as the Products marketed by the Seller are subject to strict hygiene standards for the purposes of their storage (any storage in light is strictly prohibited), they may only be remarketed if the packaging has never been unsealed by Customers and if they have been stored according to the recommendations of the Seller, accessible on the website at the address www.perdelac.com.

Products for which the packaging has been opened, or which have not been stored according to the Seller's recommendations, cannot therefore be subject to this right of withdrawal.

The right of withdrawal can be exercised online, using the withdrawal form available on the website at www.perdelac.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous declaration expressing the intention to withdraw.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and delivery costs are refunded as the return costs remain at the expense of Customers.

Refunds will be made within 14 days of receipt by the Seller of the Products returned by Customers under the conditions provided for in this article.

ARTICLE 8 - Seller’s Liability - Guarantee

The Products marketed by the Seller comply with the regulations in force in France.

In accordance with the provisions of Article L 211-2 of the Consumer Code, the Seller reminds Customers of the existence of the following guarantees:

Legal guarantee of conformity:

Article L217-4 of the French Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for lack of conformity resulting from packaging, assembly instructions or installation where the latter is contractually responsible thereof or were performed under its responsibility. “

Article L 217-5 of the French Consumer Code: “The goods are in conformity with the contract: 1° If they are appropriate for the use generally intended of similar goods and, where applicable: - if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in the advertising or labelling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted”

Article L 217-7 of the French Consumer Code: “Any lack of conformity which becomes apparent within 24 months of the delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."

Article L 217-8 of the French Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, it may not contest conformity by invoking a defect which it knew or could not have been unaware of when concluding the contract. The same shall apply if the defect has its origin in the materials it has supplied.”

Article L 217-9 of the French Consumer Code: “In case of lack of conformity, the buyer shall choose between repair and replacement of the goods.” However, the seller may not proceed according to the buyer’s choice if this choice entails a cost manifestly disproportionate to the other method, taking into account the value of the goods or the scale of the defect. It is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Article L 217-10 of the French Consumer Code: “If repair and replacement of the goods is impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.”

Article L 217-12 of the French Consumer Code: “The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods.”

Legal guarantee against latent defects:

Article 1641 of the Civil Code: “The seller shall be bound by the guarantee in respect of latent defects in the thing sold which make 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 have given only a lesser price, had it known of them.”

Article 1648 of the Civil Code: “The purchaser must bring the action resulting from the redhibitory defects within two years of the discovery of the defect. “

In case of non-conformity of the Products, if their repair or replacement is not possible and the Customer wishes to obtain the refund thereof, this shall take place as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or latent defect.

The refund will be made by credit to the Customer's bank account.

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

  • in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of an accident or force majeure.
  • in the event of deterioration due to or any force majeure event recognised by the French jurisprudence

The Seller’s guarantee is, in any event, limited to the replacement or refund of Products that do not conform or are defective.

ARTICLE 9 – Right of title clause

THE SELLER HAS RIGHT OF TITLE OVER THE GOODS MARKETED UNTIL FULL PAYMENT OF THE PRICE BY THE CUSTOMER, ENABLING IT TO RETAKE POSSESSION OF THE SAID PRODUCTS. ANY DOWN PAYMENT MADE BY THE CUSTOMER SHALL REMAIN THE PROPERTY OF THE SELLER BY WAY OF FIXED COMPENSATION, WITHOUT PREJUDICE TO ANY OTHER ACTIONS IT IS ENTITLED TO TAKE AGAINST THE CUSTOMER AS A RESULT.

ARTICLE 10 – Personal information – BLOCTEL service

In accordance with Law No. 78-17 of 6 January 1978, Customers may, at any time, access the personal information concerning them, request modification or deletion thereof. Thus, according to articles 36, 39 and 40 of the French Data Protection Act, Customers may request that information concerning them that is inaccurate, incomplete, ambiguous, outdated or the collection or use, communication or storage of which is prohibited be rectified, completed, clarified, updated or deleted.

To exercise their rights, Customers can contact “ILIOZA” by registered letter with acknowledgement of receipt or by email.

None of the Customers’ data must be used, without having first complied with all the obligations incumbent upon “ILIOZA”, in its capacity as data controller, in accordance with the law of 6 January 1978 known as the “Data Protection Act” and since 25 May 2018 with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), including, but not limited to, informing such Customers in a clear, intelligible and easily accessible manner of the use and purposes of their personal and/or sensitive data, with a view to obtaining their full and informed consent.

In order to ensure optimal protection of the personal data it processes on an ongoing basis, “ILIOZA” ensures appropriate data protection measures and will demonstrate this compliance at all times (accountability), by implementing and updating the following tools:

  • keeping a register of the processing operations carried out
  • notification of security breaches (to the authorities and individuals concerned): personal data will be processed in such a way as to guarantee appropriate security and confidentiality. “ILIOZA” will notify the data protection authority within 72 hours of a personal data breach. Information of the data subjects is required if this breach is likely to create a high risk to the rights and freedoms of persons
  • certification of processing
  • adherence to codes of conduct
  • where appropriate, the appointment of a DPO (Data Protection Officer); "ILIOZA" will appoint a delegate if its main activities require it to carry out regular and systematic monitoring of individuals on a large scale
  • Privacy Impact Assessments (PIA): for all at-risk processing, “ILIOZA” will conduct a comprehensive impact assessment, showing the characteristics of the processing, the risks and the measures adopted. In concrete terms, this includes processing based on “the systematic and extensive evaluation of personal aspects relating to natural persons”, i.e. profiling in particular. In case of high risk, "ILIOZA" will consult the data protection authority before implementing this processing, which may oppose the processing in the light of the characteristics and consequences given.

In accordance with the provisions of Article L 223-1 of the Consumer Code, “ILIOZA” informs the Customer, with respect to the telephone details provided by it, that it has a right to register on a cold calling opposition list, accessible free of charge at the following address www.bloctel.gouv.fr.

ARTICLE 11 - Intellectual property

The content of the website www.perdelac.com is the property of the Seller and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 12 – Applicable law

These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.

It is specified that in the situation where these General Conditions of Sale should be translated into another language, in case of contradiction between the French and translated versions, the French version shall prevail at all times.

ARTICLE 13 – Disputes

ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS CONCLUDED PURSUANT TO THESE GENERAL CONDITIONS OF SALE COULD GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, RESOLUTION, CONSEQUENCES AND THE OUTCOMES THEREOF AND WHICH COULD NOT HAVE BEEN RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.

Customers are informed that they may in any case have recourse free of charge to a consumer mediator, in particular to the Consumer Mediation Commission (C. consom. art. L 534-7) or to existing sector-based mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute, with a view to amicably resolving the dispute which could oppose it to the Seller.

ARTICLE 14 - Pre-contractual information - Customer acceptance

Customers acknowledge having been informed, prior to placing theirs orders, in a legible and understandable manner, of these General Conditions of Sale and of all the information referred to in articles L111-1 to L111-7, and in particular:

  • the essential characteristics of the Product, taking into account the communication medium used and the Product concerned
  • the price of the Products and related costs (delivery, for example)
  • in the absence of immediate performance of the contract, the date or period by which the Seller undertakes to deliver the Product
  • the information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context
  • the information on the legal and contractual guarantees and how they are implemented
  • the functionalities of the digital content and, where applicable, its interoperability
  • the possibility of resorting to conventional mediation in the event of a dispute
  • the information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), resolution procedures and other important contractual conditions.

The act of a natural person placing an order with “ILIOZA” entails full and entire acceptance of these General Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, to avail of any contradictory document, which would be unenforceable against the Seller.