TERMS AND CONDITIONS

• Article 1. General

This website www.seasonly.fr (hereinafter referred to as the “Site”) is published by the company WISH COMPANY-SEASONLY , with capital of 180,000 euros, whose head office is located at 4 rue Jean Bart 75 006 Paris. registered in the Paris Trade and Companies Register, under number 817 577 786 and whose intra-community VAT number is FR03817577786 (hereinafter referred to as “SEASONLY”).

These general conditions of sale (hereinafter referred to as the “CGV”) govern all relations between SEASONLY and any person wishing to make a purchase of one or more product(s) and/or service(s) offered for sale. by SEASONLY on this Site.

It is specified that these General Terms and Conditions apply to the exclusion of all other conditions and, in particular, the general conditions of sale in force for sales made in brands offering SEASONLY products.

The applicable General Terms and Conditions are those published on the site at the time the order is placed. Any person visiting this website is free to print these General Terms and Conditions, provided however that they are not modified.

In the context of these General Terms and Conditions, the terms “Product”, “Products”, “Service” or “Services” refer to the product(s) and service(s) offered for sale on the Site. and shipped by SEASONLY.

The “Customer” means any consumer, that is to say, any natural, non-commercial person, acting in a non-professional capacity, who visits one or more web pages of the Site, whether or not they have initiated a process of purchase on this Site. The Customer must have full legal capacity and be of legal age.

• Article 2. Products & Services

2.1. The offers of Products and Services made by SEASONLY on the Site remain in force as long as the Products and Services are present on the Site, and while stocks last.

The Customer is responsible for any use that may be made of the Products purchased on the Site. The Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity.

2.2. Essential characteristics of the Products

The Customer can, prior to his order, read, directly on the Site, the essential characteristics of the Product(s) he wishes to order.

The differences between the photographs and the Products may only be minimal and do not relate to the essential characteristics of the Products.

SEASONLY invites the Customer to refer to the description of each Product and/or Service to find out its precise characteristics. In case of doubt or if the Customer wishes additional information, he or she can contact SEASONLY by email at the following address wecare@seasonly.fr and/or by telephone at +33 7 86 93 87 22 (price of a local call ).

However, in the event of a manifest error in the price and/or between the characteristics of a Product/Service and its representation, the Customer undertakes to contact SEASONLY by email at the following address wecare@seasonly.fr and/ or by telephone at +33 7 86 93 87 22 (cost of a local call), in order to inform them of the said obvious error. In all cases, SEASONLY may proceed to correct a manifest error; the Customer having the right to cancel his order in the event of refusal of the corrected conditions.

• Article 3. Subscription and Member Contract

The Member Contract subject to this paragraph of the general conditions of sale consists of the shipment every 3 calendar months of a day cream or three products of your choice depending on the option chosen by the Customer. By subscribing to a subscription to SEASONLY, the Customer accepts these general conditions of sale, of which he acknowledges having read, understood and accepted them without reservation with full knowledge of the facts. In order to determine the formula suited to the Client's profile, they will have to fill out a form containing personal data. The information provided to the WISH COMPANY-SEASONLY Company must be accurate, so the Customer must ensure their accuracy and compliance when subscribing. If applicable, WISH COMPANY-SEASONLY cannot be held liable for entry errors and the consequences thereof.

3.1 - Subscription

The subscription to the WISH COMPANY-SEASONLY service is quarterly (every 3 months) Subscribing to the quarterly subscription subscribes the subscriber to the service of sending a day cream or three products of your choice depending on the option chosen by the Client every 3 months until one party decides to terminate this contract. By accepting this offer, the Customer accepts a bimonthly direct debit of an amount defined during the initial order. Thus, as long as the subscription continues, the Customer will be debited every 3 months at the start of the month and will receive their product before the end of the debit month. The Customer may end his subscription at any time according to the terms provided for in the article relating to unsubscription of these general conditions of sale. By subscribing, the Customer declares to have read these general conditions of sale, to have understood them and to accept them without reservation with full knowledge of the facts. In accordance with the consumer code:

Article L215-1

For service provision contracts concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by registered letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal. When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the renewal date. Advances made after the last renewal date or, in the case of indefinite-term contracts, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , after deduction of the sums corresponding, up to this point, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to particular rules with regard to consumer information.

Article L215-3
The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals. Article L241-3

When the professional has not made the reimbursement under the conditions provided for in Article L. 215-1, the sums due bear interest at the legal rate.

• Article 4. Price

On the pages of the Site presenting the Products, purchase orders and invoices issued to the Customer, the prices are indicated in euros, All Taxes Included (TTC), taking into account the rate of Value Added Tax ( VAT) and any reductions, applicable on the day of the order.

On the pages of the Site presenting the Products, the prices indicated do not include delivery costs which are invoiced in addition and are specified to the Customer prior to final validation of the order.

The prices of the Products may change depending on SEASONLY's commercial policy. The Products will in any case be invoiced on the basis of the prices in force on the Site at the time of final validation of the order.

The price of each order, including delivery costs, is payable in cash when ordering. Otherwise, no delivery will be made and the sale is deemed to be canceled at the Customer's initiative.

• Article 5. Order

5.1. Registration and creation of an account

To place an order, the Customer is not required to create a user account.

The Customer's email address serves as identifier (login). However, the Customer chooses his password. It is the Customer's responsibility to regularly change their password on the “My Account” page. It is strongly recommended not to choose a password that is a common word, but to alternate numbers and letters.

The Customer receives an email confirming their registration.

The Customer is solely responsible for his password and the use he makes of it. He expressly undertakes to keep it with him and not to communicate it under any circumstances to anyone.

 

5.2. Limitations specific to each order

Any Product may be ordered up to a maximum of five (5) Products per order and three (3) identical Products per order.

 

5.3. Registering an order

To place an order, the Customer selects the different Products and Services he wishes to purchase by clicking on their file. He indicates the number of Products desired, within the aforementioned limit, and clicks on the “Add to Cart” button.

Each new addition to their basket is indicated to the Customer in the summary of their order.

The Client may, at any time:

– obtain a summary of the Products he has selected by clicking on the “View Basket” icon accessible at the top right of the screen,

– modify or delete all or part of the order thus summarized (in the event of modification, the new price is automatically displayed).

 

When the Customer is on the “Shopping Cart” page, he can:

– continue your selection of Products by visiting another part of the site,

– or complete your selection of Products and order them by clicking on “Order”.

 

When the Customer is on the “Order” page, he can then:

– identify themselves by indicating their login and password (if forgotten or lost, the Customer must click on “Forgotten password?”),

– if they do not have an account, place the order as a guest.

 

As soon as the Customer creates an account, he automatically continues the order process. He then fills in his billing address and possibly his delivery address which may be different.

Shipping and billing addresses entered for the first time on the site are saved as default addresses in the address book in the customer account. They may be modified or deleted at any time. However, no modification or deletion can be taken into account for any order definitively validated and currently being processed.

If the Customer already has an account on the SEASONLY site, the Customer is then directed to the “Billing Address” page on which it is up to him to check, complete and validate the information mentioned there. The delivery address is, by default, the billing address, however it may be different (particularly in the case of gifts/gift cards).

The Customer then chooses the delivery method for sending their products. Delivery costs are specified on this “Delivery Method” page.

If the amount of these delivery costs suits him, the Customer clicks on the “Continue” button and is thus taken to the “Payment” page, which presents the different payment methods available.

The Customer is then directed to an “Order Summary” page which displays the order form which presents the nature, quantity and price including tax of the Products selected by the Customer as well as the various charges that may be applicable.

To continue the order process, the Customer must click on the “Read the conditions of sale” button. These General Terms and Conditions then appear. The Customer cannot continue the order process if he does not check the box “I have read and accept the conditions of sale”. By checking the box “I have read and accept the conditions of sale”, the Customer materializes his full and complete acceptance of these General Terms and Conditions as well as the special conditions of sale applicable to each placing of an order and stated on his screen (name of the Product(s), price, weight, quantity, etc.).

Consequently, when the Customer checks said box, he acknowledges in advance having read these General Terms and Conditions as well as the special conditions of sale and accepts them without restriction. Once the box is checked, the Customer clicks on “Continue”.

Before the final validation of his order, the Customer can check the details of his order, its price including tax, including applicable costs, and correct any errors. The Customer may modify his order and/or information concerning the billing and/or delivery address and/or cancel his order.

The Customer can access information concerning him by clicking on “My account”. It is his responsibility to update the information on this page concerning him and to verify its veracity when placing each order.

• Article 6. Payment

In accordance with article L. 221-14 of the Consumer Code, the Customer is informed that orders are subject to payment obligation.

The price paid by the Customer is necessarily the price indicated on the order validated by the Customer.

Payments by check or bank transfer are not accepted. Consequently, the Customer must have a bank card accepted by the banking establishment in charge of making online payments (Carte Bleue, Visa, Mastercard), the validity of which will be verified and confirmed by the electronic payment server of this establishment. banking.

When entering bank card data, the Customer will enter their card number and its expiry date as well as, possibly, the control number. The control number corresponds to the last three digits appearing on the back of the Customer's bank card.

It is specified that the details of the bank card are subject to security by encryption via the so-called “3D Secure” system in order to protect as effectively as possible all data linked to the means of payment, and that the data of the Customer's bank card will not be stored on SEASONLY's computer system, but on that of the banking establishment in charge of making online payments.

It is specified that any online payment on the Site involves immediate debit.

Once the payment process is completed, the Customer is directed to a page displaying the order invoice. The Customer can print this page.

In addition, an order confirmation email, presenting the aforementioned invoice, is sent to the Customer.

• Article 7. Delivery

Delivery of Products ordered by the Customer is limited to mainland France, Corsica and Belgium. For delivery to other European countries it is advisable to refer to the website www.seasonly.eu .

 

7.1. Delivery delay

The Products purchased will be sent by Colissimo without signature from the delivery of the Products ordered to the carrier, and in any event at the latest within 2 to 5 working days from the day following that of final validation of the order by the Customer.

The times indicated are usual average times and correspond to the processing and delivery times of orders.

In the case of items deliverable on different dates taking into account their availability, the delivery time is based on the longest time. SEASONLY however reserves the right to split deliveries. Participation in delivery costs will then only be invoiced for a single shipment.

The Customer is invited to regularly consult the tracking of his order on his account and to contact SEASONLY for any questions or in the event of a problem relating to the delivery of his order by email to the following address wecare@seasonly.fr.

In the event of a delay in delivery, the Customer may report this delay to SEASONLY by email to the following address wecare@seasonly.fr and/or by telephone at +33 7 86 93 87 22 (price of a local call). In this case, and as long as the Product is not shipped, the Customer can always cancel his order by sending an email to the following address: wecare@seasonly.fr, or by sending a registered letter with request for advice. receipt to the following address: Seasonly, Consumer Service, 77 rue du Faubourg Saint-Denis, 75010 Paris.

7.2. Availability of Products

SEASONLY undertakes to deliver orders within the limits of available stocks. Consequently, in the event of unavailability of one of the Products, the Customer will be informed when placing their order by display on the web page and the sale cannot be made.

However, despite the care that SEASONLY takes in managing its stocks and the means it has implemented for this purpose, errors may exceptionally be mentioned in the state of its stocks. In this case, SEASONLY will inform the Customer, by email, of the unavailability of the Product(s) concerned as soon as possible. SEASONLY will then do what is necessary to reimburse the price of the unavailable Product(s). The bank account corresponding to the bank card details given at the time of the order will then be re-credited for the overpayment, within thirty (30) days from the notification sent to the Customer.

 

7.3. Delivery terms

The Products ordered by the Customer will be delivered without signature to the address indicated by the latter appearing on the order. The package is delivered directly to the mailbox at the delivery address. In the event that the mailbox is of insufficient size, the package is delivered either to the recipient of the order, or failing that and at the initiative of the carrier to any other person present at the address who agrees to take delivery. (a neighbor, a caretaker or concierge).

When the package cannot be delivered according to the terms provided above, a notice of delivery is left by the carrier in the recipient's mailbox indicating the contact details of the Post Office where the recipient can collect the package. within 14 calendar days.

Beyond this period, if the postal services return the package to SEASONLY, SEASONLY reserves the right to invoice the Customer for any return costs.

In the event of a dispute relating to the delivery itself, the carrier's computer system (flashing) will take precedence.

In accordance with the provisions of article L. 138-4 of the Consumer Code, the transfer of risks only takes place when the Customer or a third party designated by him, and other than the Post Office (in charge of the delivery), takes physical possession of the package.

If the Customer notices that the package is obviously damaged, he undertakes to refuse it and request its return to the attention of SEASONLY who, noting the poor condition of the package which will be returned to him, will reimburse the Customer as soon as possible .

If the Customer notices that the Products are damaged or damaged or do not correspond to his order, he must make a detailed complaint in writing to SEASONLY by email to the address wecare@seasonly.fr or by post to the address following: Seasonly, Consumer Services, 75010 Paris, within three clear days. Any complaint made outside this deadline cannot be accepted. The Customer must return the Product(s) to SEASONLY at the following address: SEASONLY, Duhamel Logistique, ZA Les Vignettes, 27690 LERY.

After study and on a case-by-case basis, SEASONLY will have the possibility of refunding the Product(s), excluding any exchange. In this case, the return costs will be reimbursed to the Customer.

Refunds will be made within fifteen (15) days after receipt of the Products by SEASONLY.

SEASONLY will make reimbursements at its choice, either by credit to the Customer's bank account, or by bank check addressed to the name of the Customer, having placed the order, to the billing address.

The Customer is committed to SEASONLY by the information relating to his contact details and delivery and billing details, if these are different.

Consequently, in the event of an error in the wording of the recipient's contact details (in particular last name, first name, street number and name, postal code, city name, telephone number or email), SEASONLY cannot be held responsible for the impossibility in which it may find itself delivering the order.

7.4. Claims

The Customer has one month from the day of receipt of their order to make a complaint to Customer Service.

•  Article 8. Right of withdrawal

In accordance with the provisions of article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the Product(s) delivered, to exercise your right of withdrawal without having to give reasons for your decision or pay a penalty. When the period of fourteen (14) clear days expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

To exercise the right of withdrawal, the Customer must notify SEASONLY by registered letter with acknowledgment of receipt to the following address: Seasonly, Consumer Service, 75010 Paris, or by email to wecare@seasonly. fr, his decision to withdraw by means of an unambiguous declaration, expressing his desire to withdraw, indicating in particular his identity, his delivery and billing address (if these are different), the number of the order, the date of receipt of the order.

In accordance with article L. 221-23 of the Consumer Code, the Customer undertakes to return the Products for which he exercises his right of withdrawal, at his own expense, within fourteen (14) days following notification to SEASONLY of his right of withdrawal.

To facilitate reimbursement, the Product(s) must be returned, complete in their original packaging and packaging (accessories, instructions, etc.) in good condition, neither opened nor altered, and be accompanied by the delivery note, to the following address: SEASONLY, Duhamel Logistique, ZA Les Vignettes, 27690 LERY. However, and in accordance with the provisions of article L. 221-28 paragraph 5° of the Consumer Code, the Customer will not be able to exercise his right of withdrawal and, therefore, return the Products, when the said Products delivered have been unsealed. by the latter, after delivery, and cannot therefore be returned for reasons of hygiene or health protection.

If the aforementioned conditions are met, SEASONLY will reimburse the Customer, within a maximum period of fourteen (14) days from the date of notification of the right of withdrawal, the sums corresponding to the Products for which the Customer has exercised his right of withdrawal within the deadline, including delivery costs.

However, reimbursement by SEASONLY may be deferred until recovery of the returned Products or until the Customer provides proof of shipment of the Products, in accordance with the provisions of article L. 221-24 of the Code of consumption.

Furthermore, SEASONLY will not be required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the delivery method offered by SEASONLY hereunder.

The refund will be made via the payment method used by the Customer when placing the returned order.

• Article 9. Proof

The Customer expressly acknowledges that entering any identifier and password constitutes proof of his identity and expresses his consent to all operations that will be carried out on the Site following his identification.

The Customer must ensure that his email address is valid during the period of his registration on the Site at the risk of no longer being able to access it, particularly in the event of loss of his password.

A Customer's account is strictly personal and cannot therefore be transmitted, by any means whatsoever, to a third party, even free of charge.

The Customer expressly accepts that SEASONLY's automatic recording systems are considered as proof:

– the use of their username and password, and the dates and times of this use,

– content recorded by the Customer in their “My Account” space,

– the nature, substance, date and time of all correspondence with SEASONLY personnel carried out using the Site or the tools offered on the Site,

– and, more broadly, all information exchanged via the Site between SEASONLY and the Customer.

SEASONLY cannot be held responsible for any damage that the Customer may suffer due to use by a third party of their username and password. In the event of loss, misappropriation or fraudulent use of all or part of their username and password, the Customer must immediately notify SEASONLY. He remains responsible for any use made of his username and password before having informed SEASONLY and it has been able, within a reasonable time, to modify them. In the event that a Customer distributes or uses his identifier in a manner contrary to its intended purpose, SEASONLY reserves the right to terminate the contract and delete access to the “My account” space as well as the recorded files, without notice or compensation. SEASONLY may also take legal action to obtain compensation for any possible damage it may suffer as a result of this distribution or use.

These stipulations are expressly considered to be substantial between the parties.