General Terms and Conditions of Sale

The company Laboratoire Bodmer & Fils ( contact@ladybel.fr ) is the publisher and operator of the website www.ladybel.fr.

These General Terms and Conditions of Sale govern all contracts concluded through the website accessible at the URL address: https://www.ladybel.fr . They are concluded between the company Laboratoire Bodmer & Fils registered with the RCS of Lyon under number 491 153 755 00021, represented by Rémy Bodmer as Manager, and the individual customer who is not a professional on the other hand.
Unique Identifier for the packaging sector (IDU): FR213753_01IIDX

The Customer and the company Laboratoire Bodmer & Fils will collectively be referred to as the parties.

Any order placed on the website www.ladybel.fr implies the unconditional acceptance by the customer of these general terms and conditions of sale.

As a result, the consumer acknowledges being fully informed that his agreement regarding the content of these general terms and conditions does not require his handwritten signature on this document, to the extent that the customer wishes to order online the products presented in the context of the website's shop. The consumer has the option of saving or editing these general terms and conditions, it being understood that both the saving and editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question if the products or services acquired within the website were in fact related to his professional activity.

The online shop set up by the company Laboratoire Bodmer & Fils on the website provides the following information:

1. legal notice allowing precise identification of the company Laboratoire Bodmer & Fils

2. presentation of the essential characteristics of the proposed goods

3. indication, in Euros, of the price of the goods, as well as, if applicable, delivery charges

4. indication of the payment, delivery, or performance methods

5. the existence of a right of withdrawal

6. the duration of the validity of the offer or the price

7. the conditions for terminating the contract when it is of indefinite duration or longer than one year

8. All of this information is presented in the French language. The consumer declares to have full legal capacity allowing him to commit to these general conditions.

 

Article 1: Entirety

These general conditions express the entirety of the parties' obligations. In this sense, the consumer is deemed to accept without reservation all the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or handed over by the consumer can be integrated into these conditions, insofar as these documents would be incompatible with these general conditions.

 

Article 2: Object

These general conditions aim to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company Laboratoire Bodmer & Fils to the consumer.

 

Article 3: Modification of the T&Cs

The company Laboratoire Bodmer & Fils may modify these T&Cs at any time. The Customer will be informed of the nature of these modifications as soon as they are posted on the website http://www.ladybel.fr. The modifications will take effect 2 days after they are posted on the site.

Only the T&Cs published on the day of the order are applicable. They are brought to the attention of the customer when placing an order, which the customer will have accepted before any confirmation of it.

 

Article 4: Contractual Documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions; the order form. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document will prevail.

 

Article 5: Entry into Force - Duration

These general conditions come into force on the date of signature of the order form. These general conditions are concluded for the duration necessary for the provision of the goods and services subscribed to, until the expiration of the guarantees due by the company Laboratoire Bodmer & Fils.

 

Article 6: Products Offered

Presentation of Products Online

All products are described by the company Laboratoire Bodmer & Fils as accurately as possible based on information provided by suppliers.

In case of doubt about the characteristics of a product, the customer can contact the company Laboratoire Bodmer & Fils by phone at: +33 (0)478610000.

The responsibility of the company Laboratoire Bodmer & Fils cannot be engaged in the event of a non-substantial difference between the photograph of the products on the website and the product ordered.

The company Laboratoire Bodmer & Fils presents on its website the products for sale with the necessary characteristics that allow the potential consumer to know, before placing a definitive order, the essential characteristics of the products he wishes to purchase, as provided for in Article L 111-1 of the Consumer Code.

Stock Limit

The products ordered and promotional offers offered by the company Laboratoire Bodmer & Fils are only valid within the limits of available stocks.

Product offers and prices are valid only as long as they are visible on the website and within the limits of available stocks.

 

Article 7: Order Confirmation

Contractual information will be the subject of confirmation via email no later than at the time of delivery or, failing that, at the address indicated by the consumer within the order form.

Any order placed on our website cannot be modified or canceled.

 

Article 8: Proof of Transaction

Computerized records, kept in the computer systems of the company Laboratoire Bodmer & Fils under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Article 9: Price

All orders placed on the website www.ladybel.fr are payable at the time of the order.

Product prices may change at any time depending on the pricing policy of the company Laboratoire Bodmer & Fils. The products ordered are invoiced at the price in effect at the time of order registration.

Delivery charges are flat rates based on the destination.

Prices are indicated in Euros, all taxes included, excluding participation in processing and shipping costs.

The displayed prices take into account the French VAT applicable on the day of the conclusion of the contract. Any change in the rate may be reflected in the price of the products.

Article 10: Payment Method

To pay for their order, the consumer has the option to choose from all the payment methods listed in the order form. The consumer guarantees Laboratoire Bodmer & Fils that they have the necessary authorizations to use the chosen payment method when validating the order. Laboratoire Bodmer & Fils reserves the right to suspend order processing and delivery in the event of refusal of payment authorization by official accredited organizations or in case of non-payment. Laboratoire Bodmer & Fils reserves the right to refuse delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is pending. Laboratoire Bodmer & Fils has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the customer may be asked to send a copy of an identity document and proof of residence to Laboratoire Bodmer & Fils by email. The order will only be validated after our services have received and verified the documents.

Article 11: Product Availability

The order will be processed no later than 10 days from the day following the consumer's order. In the event of unavailability of the ordered product, especially due to our suppliers, the consumer will be informed as soon as possible and will have the option to cancel the order. The consumer will then have the choice to either request a refund of the amounts paid within 14 days of their payment or exchange the product. (no refund being possible if the order payment was made by credit, another credit will be issued if necessary).

The shipping lead times indicated for each product are indicative and are valid on the day of the order for orders placed before 12:00 pm and on the day after the order for orders placed after 12:00 pm. Lead times for orders placed on Saturdays and Sundays start on Monday.

Article 12: Delivery Terms

The products are delivered to the address indicated by the consumer on the order form.

The customer is obligated to check the conformity of the goods delivered at the time of delivery. Any anomaly regarding the product must be reported immediately and within 3 days of delivery.

Upon request, the consumer can receive an invoice at the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.

Regarding shipping, we primarily work with DPD. As soon as we ship, you will receive an email notification.

All low or medium-size products are shipped by DPD postal service. This service delivers within 24 to 48 hours throughout France and offers the option to pick up ordered products at a different address (pickup point, workplace, neighbor's house) than the one initially selected. However, as in any shipment, there may be a delivery delay or the product may be lost.

In case of a delivery delay due to shipping, we ask you to notify us of this delay by calling us or sending us an email. We will then contact DPD to open an investigation. An investigation can last up to 21 days from the start date. If the product is found, it will be immediately redirected to your home (in most cases) and delivered within the legal maximum delivery period of 30 days. If, on the other hand, the product is not found after the legal maximum delivery period, the consumer can cancel the order upon request or choose a replacement product at the same price. If the ordered product(s) were no longer available at that time, we would refund the amount of the products affected by the carrier's loss. If the ordered product(s) were still available but had changed in selling price on the website, we would apply the new selling prices, either by refunding you the difference by check or by requesting an additional check for this price difference.

Any error or modification made by the customer in an ongoing delivery order, regardless of the reason, results in an extension of the delivery time.

In the event of stock shortage, Laboratoire Bodmer & Fils reserves the right to deliver a product of equivalent quality and price.

For technical reasons, "Point Relais" deliveries may be made to a different pickup point.

Article 13: Delivery Problems Due to the Carrier

Any anomaly regarding the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be reported on the carrier's delivery note in the form of "handwritten reservations specifying the exact nature of the problem" (e.g., open box, missing "quantity" + "product name," etc.), accompanied by the date and the customer's signature.

Article 14: Delivery Errors

14-a: The consumer must notify Laboratoire Bodmer & Fils on the same day of delivery or no later than the first working day following delivery of any claims regarding delivery errors and/or non-conformity of the products in terms of type or quality compared to the information on the order form.

14-b: This claim to Laboratoire Bodmer & Fils can be made: - primarily by phone at 04 78 61 00 00 from Monday to Friday from 9:00 am to 12:00 pm and from 2:00 pm to 5:00 pm, - or via the website's contact form, specifying the order reference.

14-c: Upon receiving the claim, Laboratoire Bodmer & Fils will provide the procedure for the return.

14-d: The customer is solely responsible for any delivery address and/or depot error due to insufficient information during the order; in this case, the cost of re-routing will be borne by the customer, which is €9.80 including VAT by DPD in France and according to the prevailing international rate.

14-e: In the case of a delivery error or exchange, any product to be exchanged or refunded must be returned to Laboratoire Bodmer & Fils in its entirety and in its original packaging, complete and intact products, in perfect resalable condition. Any product that has been opened, used, or damaged will not be refunded or exchanged, if possible, by Colissimo Recommandé, to the following address:

Laboratoire Bodmer & Fils
Local G18
53 avenue Carnot
69250 Neuville sur Saone 
France

Article 15: Product Warranty

In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein cannot deprive the consumer of the legal warranty that obliges the professional seller to guarantee them against all consequences of hidden defects in the sold item. The consumer is expressly informed that Laboratoire Bodmer & Fils is not the producer of all the products presented on the website, within the meaning of Law No. 98-389 of May 19, 1998, relating to liability for defective products. The conditions and duration of the "producer" warranty are indicated on the "product sheet." Given the frequency of component renewal in technical products, Laboratoire Bodmer & Fils may, upon request, inform the consumer of the availability of spare parts for the offered products and the procedures for obtaining them, if necessary.

Article L.211-7 of the Consumer Code: Non-conformity defects that appear within 24 months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged non-conformity.

The seller is obligated to deliver goods that conform to the contract and is responsible for non-conformity defects at the time of delivery.
To be conforming, the goods must be suitable for the usual expected use of similar goods.

In case of non-conformity, you can choose between repairing the goods or replacing them (subject to the cost conditions provided by Article L. 211-9 of the Consumer Code).

According to the decree of December 18, 2014:
- The consumer has a period of two years from the delivery of the goods to take action;
- The consumer can choose between repair or replacement of the goods, subject to the cost conditions provided by Article L. 211-9 of the Consumer Code;
- The consumer is exempt from proving the existence of the non-conformity defect of the goods for twenty-four months, except for second-hand goods.


The legal conformity warranty applies independently of any commercial warranty that may be granted.
The consumer can decide to enforce the warranty against hidden defects in the sold item as defined in Article 1641 of the Civil Code, and in this case, can choose between canceling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

Article 16: Right of Withdrawal

The consumer has a period of 14 days to notify their intention to return products at their own expense if they do not meet their expectations. This period runs from the day of the consumer's order delivery. Any return must be reported to Laboratoire Bodmer & Fils Customer Service: primarily in accordance with the law, via the product return form on our website, or by a statement expressing their intention to withdraw.

When using the product return form, we will provide an acknowledgment of your withdrawal.

In case of dispute, it is the consumer's responsibility to prove that they have complied with the withdrawal period.

You must return the goods to the seller no later than 14 days after sending your withdrawal notice.

Products can be returned via Colissimo Recommandé to Laboratoire Bodmer & Fils.

Only products returned in their entirety, complete and intact, in perfect resale condition will be accepted for refund or exchange. Any product that has been opened, used, or damaged will not be refunded or exchanged. (Certain products are excluded from any right of withdrawal; please check the detailed "exclusions" below).

Returned items that are dirty, used, or damaged will be refused and returned to the sender at their expense. Returned items must be in perfect resale condition (with original labels).

This right of withdrawal is exercised without penalty, except for return costs. In the event of withdrawal, the consumer can choose either a refund of the amounts paid or the exchange of the product. In the case of an exchange, the re-shipping will be at the expense of the consumer: the consumer will receive a credit (discount code) to use on the website for the exchange. The withdrawal request must be made as soon as possible and within the legal deadlines via the "Product Returns" form in your customer account.

In the event of withdrawal, Laboratoire Bodmer & Fils will make every effort to refund the consumer within 14 days after receiving the return form. The refund may be postponed beyond fourteen days until receipt of the product or proof of its return.

The consumer will then be reimbursed by crediting their bank account (secure transaction) in the case of payment by credit card, or by check in other cases. The reimbursement of delivery costs will be made based on the cheapest option offered on our website. The refund will be made using the same payment method as the purchase. However, if you agree, we can use another payment method at no additional cost to you.

In the event that the order contains a commercial offer linked to a minimum purchase amount, if, following the return, the minimum amount is no longer reached, the commercial offer will be entirely lost.

Exception to the Right of Withdrawal:

The right of withdrawal does not apply to the following goods:: "Cosmetics and pet care products" according to Article L121-20-2 of the Consumer Code (Bordeaux Court of First Instance, 1st Civil Chamber - Judgment of March 11, 2008) and from June 14, 2014, according to Article L121-21-8. (supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection).

Products such as "cosmetics and pet care products" are delivered in sealed bottles. Products of this type that have been unsealed by the user are therefore excluded from any right of withdrawal.

For these "cosmetics and pet care products" items unsealed after delivery, Laboratoire Bodmer & Fils allows the return of these products within 15 days. Items not subject to the right of withdrawal, returned, checked, and accepted by our services, will be refunded by credit, usable on our site (discount code for a future order) equal to the amount of the returned items, usable in our shop for a period of 6 months.

Only one exchange will be accepted (no return possible for an order paid in full or in part by credit). No credit / discount code will be refunded..

Credits cannot be split.

Items returned dirty, used, or damaged will be refused and returned to the sender at their expense. Returned items must be in perfect resale condition (with original labels and packaging).

Items paid for with a credit cannot be refunded.

Any order placed on our website cannot be modified or canceled.

Any "abusive" return of items excluded from the right of withdrawal with a total amount exceeding €400 including taxes will be subject to a credit refund only.

Returning an excluded right of withdrawal product without a label, without original packaging, damaged, or dirty will result in the refusal of the entire return.

In summary:

Upon receipt of the items and after checking them (in perfect resale condition), the refund will be made according to the following modalities in accordance with the Consumer Code:

* Refund to your credit card, or creation of a credit (in your Laboratoire Bodmer & Fils account, to be used for an exchange within 6 months): for products covered by the right of withdrawal
* Refund in the form of a credit (in your Laboratoire Bodmer & Fils account, to be used for an exchange within 6 months): for products excluded from all withdrawal rights (Article L121-21-8 of the Consumer Code)

Cosmetic and pet care products that have not been unsealed can be returned and refunded just like any product eligible for the right of withdrawal.



Article 17: User Rights

The right to use Laboratoire Bodmer & Fils' software, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to reproduce exclusively for the establishment of a backup copy when necessary to preserve the use of the software. In any case, the software's author retains property rights over their work, which the consumer agrees to respect.

Article 18: Force Majeure

Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by fortuitous event or force majeure. Shall be considered as fortuitous event or force majeure any irresistible, external circumstances, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. The party affected by such circumstances will notify the other party within ten working days from the date on which it becomes aware of them. The two parties will then come together, within one month, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, cases of force majeure or fortuitous events are considered, in addition to those usually accepted by the French courts and tribunals: blockage of means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the interruption of telecommunications networks or difficulties specific to external telecommunications networks.

Article 19: Partial Non-Validation

If one or more provisions of these general conditions are held to be invalid or declared as such in application of a law, a regulation, or following a definitive decision by a competent jurisdiction, the other provisions will retain their full force and scope.

Article 20: Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations provided for in these general conditions shall not be construed for the future as a waiver of the obligation in question.

Article 21: Title

In the event of difficulty in interpreting any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles shall be deemed nonexistent.

Article 22: Applicable Law and Jurisdiction

The interpretation and execution of these General Terms and Conditions of Sale, as well as any actions arising therefrom, are exclusively subject to French law. In the event of a dispute, the Commercial Court of LYON (69) FRANCE shall have sole jurisdiction.

In the event of a dispute arising between the parties concerning the interpretation, execution, or termination of the contract and related services, the parties shall endeavor to resolve it amicably.

Article 23: Protection of Personal Data

As part of the operation of the website www.ladybel.fr, the company Laboratoire Bodmer & Fils may collect personal data. This data will be processed in accordance with the purposes specified at the time of collection.

The policy regarding the protection of personal data is available in the annex to the general terms and conditions of sale, which you acknowledge having read.

It is reminded that the person whose personal data is processed has the rights of access, rectification, and opposition to the processing of their personal data. These rights can be exercised in accordance with the law of August 6, 2004, by a simple request by email to the address contact@ladybel.fr, provided that the requester can prove their identity and a legitimate reason if required by law.

Article 24: Liability

The liability of the company Laboratoire Bodmer & Fils shall in no case be engaged in the event of non-performance or improper performance of contractual services attributable to the customer, particularly when placing an order.

The company Laboratoire Bodmer & Fils shall not be held liable or considered to have failed to meet these conditions for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of French courts and tribunals.

Article 25: General Provisions

The fact that one of the parties has not demanded the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, shall in no case be considered as a waiver of that clause.

These General Terms and Conditions do not grant any exclusivity regarding the provision of services or a guarantee of quantity or market share to the customer.

If any provision of these General Terms and Conditions is null and void in light of a legislative or regulatory provision in force and/or a legally binding court decision, it shall be deemed null and void, but shall in no way affect the validity of the other clauses, which shall remain in force.

In this case, the parties shall come together to agree on a new provision to replace the null and void clause, it being understood that the new provision must respect, as closely as possible, the spirit and economic impact on the parties of the replaced provision.

In the event of a dispute, in accordance with Article R616-1 of the Consumer Code, we remind you that the consumer can use a consumer mediator free of charge for an amicable resolution of the dispute with a professional. The list of mediators is available at the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur

Annex: Policy on the Protection of Personal Data

Article 1: Scope

This policy applies to personal data and aims to inform the user of the website www.ladybel.fr about how their personal information may be collected and processed by the website www.ladybel.fr.

Article 2: Data Controller's Identity

Personal data is collected by Laboratoire Bodmer & Fils.

Article 3: Data Processing

As part of the operation of the website www.ladybel.fr, the company Laboratoire Bodmer & Fils may collect personal data. This data will be processed in accordance with the purposes specified at the time of collection.

In particular, the website www.ladybel.fr may collect personal data necessary for the execution of the contract to which the user of the website www.ladybel.fr may be a party and/or pre-contractual measures taken at the user's request. The website www.ladybel.fr may also use this data for legal and/or regulatory purposes.

Furthermore, the website www.ladybel.fr may collect personal data from the user for other purposes, with the user's consent.

In particular, the website www.ladybel.fr may collect, store, and use the following data: name, email address, physical contact information, date of birth, delivery and billing information, messages sent on the www.ladybel.fr store, information resulting from your interaction with the www.ladybel.fr store, content and advertisements, including information about your computer and connection, statistics on displayed pages, browsing data, advertising data, IP address, delivery incidents, claims, and any additional information provided by you.

Whether the data to be provided is mandatory or optional will be indicated on the collection forms.

The user should also be aware of the possible consequences of failing to provide the requested data.

In any case, the website www.ladybel.fr undertakes to process all data collected in accordance with the law of January 6, 1978.

Article 4: User's Rights

It is reminded that the person whose personal data is processed has the rights of access, rectification, and opposition to the processing of their personal data.

These rights can be exercised in accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, by a simple request by email to the address contact@ladybel.fr or by postal mail to the address Laboratoire Bodmer & Fils – 53 Avenue Carnot - Neuville Industries Building G18 – 69250 Neuville sur Saône, provided that the requester can prove their identity and a legitimate reason if required by law.

Furthermore, the website www.ladybel.fr undertakes that the data collected must be kept in a form allowing the identification of the persons concerned for a period not exceeding the duration necessary for the purposes for which they are collected and processed.

Article 5: Transfer of Personal Data

Laboratoire Bodmer & Fils may transmit the user's personal data to ensure the delivery of orders by its service providers, provide after-sales service, and conduct satisfaction surveys.

Furthermore, the website www.ladybel.fr reserves the right to transmit your personal data to fulfill its legal obligations, especially if required by a judicial order.

Article 6: Cookies

The website www.ladybel.fr may use cookies that allow, for example, user identification, remembering visits, and personalizing offers, etc. If your browser allows it, you can disable these cookies at any time. However, please note that such disabling may prevent you from accessing certain services and/or functionalities on the website www.ladybel.fr.

Article 7: Commercial Prospecting

The website www.ladybel.fr allows you, during the creation/modification of your account and/or when placing an order, to receive commercial offers and information by email from Laboratoire Bodmer & Fils and its subsidiaries, as well as its commercial partners.

In any case, the user can at any time inform the website www.ladybel.fr and its partners that they no longer wish to receive such commercial offers by sending an email to contact@ladybel.fr

Article 8: Security

The website www.ladybel.fr undertakes to take all necessary precautions in view of the risks presented by the processing to preserve the security of data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties. It also undertakes to comply with all technical requirements that must be followed for processing.


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