TERMS AND CONDITIONS OF SALE

• Article 1. General

This website www.seasonly.fr (hereinafter referred to as the "Site") is published by the company WISH COMPANY-SEASONLYwith share capital of 180,000 euros, headquartered at 4 rue Jean Bart 75 006 Paris, registered with the Paris Trade and Companies Registry under number 817 577 786 and whose VAT number is FR03817577786 (hereinafter referred to as " SEASONLY ").

These general terms and conditions of sale (hereinafter referred to as the "GTCS") govern all relations between SEASONLY and any person wishing to purchase one or more products and/or services offered for sale by SEASONLY on this Site.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular to the general terms and conditions of sale in force for sales made in retail outlets offering SEASONLY products.

The applicable terms and conditions are those published on the site at the time the order is placed. Anyone visiting this website is free to print out these GTC, provided they do not modify them.

For the purposes of these 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" refers to any consumer, i.e. any natural person, non-trading, acting in a non-professional capacity, who visits one or more web pages of the Site, whether or not he/she has initiated a purchasing process on the present Site. The Customer must have full legal capacity and be of legal age.

• Article 2. Products & Services

2.1. Offers of Products and Services made by SEASONLY on the Site remain valid as long as the Products and Services are present on the Site, and within the limit of available stocks.

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

Prior to placing an order, the Customer may view the essential characteristics of the Product(s) he/she wishes to order directly on the Site.

Any differences between the photographs and the Products can only be minor and do not affect the essential characteristics of the Products.

SEASONLY invites the Customer to refer to the description of each Product and/or Service for its precise characteristics. In case of doubt, or if the Customer requires further information, he/she may contact SEASONLY by e-mail at the following address [email protected] and/or by telephone on +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 e-mail at the following address [email protected] and/or by telephone on +33 7 86 93 87 22 (price of a local call), in order to inform it of the said manifest error. In all cases, SEASONLY may proceed with the correction of an obvious error; the Customer may cancel his order if he does not accept the corrected conditions.

• Article 3. Subscription and Member Agreement

The Member Contract covered by this paragraph of the general terms and conditions of sale consists of the dispatch every 3 calendar months of a day cream or three products of the Customer's choice, depending on the option chosen by the Customer. By taking out a subscription to SEASONLY, the Customer accepts the present terms and conditions of sale, and acknowledges that he/she has read and understood them, and accepts them unreservedly and with full knowledge of the facts. In order to determine the formula best suited to the Customer's profile, the Customer must complete a form containing personal data. The information provided to WISH COMPANY-SEASONLY must be accurate, and the Customer must ensure that it is correct and complete when subscribing. WISH COMPANY-SEASONLY may not be held liable for any input errors or their consequences.

3.1 - Subscription

The subscription to the WISH COMPANY-SEASONLY service is quarterly (every 3 months). The subscription to the quarterly service entitles the subscriber to receive one day cream or three products of the Customer's choice every 3 months until either party decides to terminate the contract. By accepting this offer, the Customer accepts a bi-monthly direct debit of an amount defined at the time of the initial order. Thus, as long as the subscription continues, the Customer will be debited every 3 months at the beginning of the month, and will receive his product before the end of the debit month. The Customer may terminate the subscription at any time, in accordance with the terms and conditions set out in the "Unsubscribing" section of these terms and conditions. By subscribing, the Customer declares that he/she has read and understood these terms and conditions of sale, and accepts them unreservedly and with full knowledge of the facts. In accordance with the French Consumer Code :

Article L215-1

For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box. Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules concerning consumer information.

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

Where the professional has not made repayment in accordance with the conditions laid down in article L. 215-1, the sums due shall bear interest at the legal rate.

• Article 4. Prices

On the Site pages presenting the Products, order forms and invoices issued to the Customer, prices are indicated in euros inclusive of all taxes, taking into account the rate of Value Added Tax (VAT) and any reductions applicable on the day of the order.

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

Product prices may change according to SEASONLY's commercial policy. 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 charges, is payable in cash when the order is placed. Failing this, no delivery will be made and the sale will be deemed cancelled at the Customer's initiative.

• Article 5. Order

5.1 Registration and account creation

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

The customer's e-mail address serves as login. However, the Customer chooses his/her own password. It is the customer's responsibility to regularly change his/her password on the "My account" page. It is strongly recommended not to choose a password consisting of a common word, but to alternate numbers and letters.

The Customer receives an e-mail confirming his registration.

The Customer is solely responsible for his password and its use. He expressly undertakes to keep it to himself and not to divulge it under any circumstances to anyone whatsoever.

 

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 various Products and Services he/she wishes to purchase by clicking on their details. They indicate the number of Products they wish to purchase, within the above-mentioned limit, and click on the "Add to Basket" button.

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

The Customer may, at any time :

- obtain a summary of the Products selected by clicking on the "View Basket" icon 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 selecting 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 :

- identify himself by entering his login and password (in the event of forgetfulness or loss, the Customer must click on "Forgot your password?"),

- if you don't have an account, place the order as a guest.

 

As soon as the Customer creates an account, he automatically continues the order process. They then fill in their billing address and, if applicable, their delivery address, which may be different.

Delivery 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 will be taken into account for any order that has been definitively validated and is currently being processed.

If the customer already has an account on the SEASONLY website, the customer is directed to the "Billing address" page, where it is up to the customer to check, complete and validate the information given there. The default delivery address is the billing address, although it may be different (particularly in the case of gifts/gift cards).

The customer then chooses the delivery method for sending the products. Delivery costs are specified on this "Delivery Method" page.

If the amount of the delivery charge is acceptable, the customer clicks on the "Continue" button and is taken to the "Payment" page, which shows the various payment methods available.

The Customer is then directed to an "Order Summary" page, which displays the order form showing the nature, quantity and price (including VAT) of the Products selected by the Customer, as well as any applicable charges.

To continue with the order process, the customer must click on the "Read terms and conditions" button. This will bring up these terms and conditions. The customer may not continue with the order process unless he/she ticks the box "I have read and accept the terms and conditions of sale". By ticking the box "I have read and accept the terms and conditions of sale", the Customer signifies full acceptance of these GTS and of the special terms and conditions of sale applicable to each order placed and displayed on the screen (name of the Product(s), price, weight, quantity, etc.).

Consequently, when the Customer ticks this box, he/she acknowledges that he/she has read these GTC and the special terms and conditions of sale and accepts them without restriction. Once the box has been ticked, the Customer clicks on "Continue".

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

Customers can access their personal information by clicking on "My account". It is the customer's responsibility to update the information on this page and to check its accuracy when placing each order.

• Article 6. Payment

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

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

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

When entering credit card details, the customer must enter the card number and expiry date, as well as the control number if applicable. The control number corresponds to the last three digits on the back of the Customer's credit card.

Please note that credit card details are encrypted using the "3D Secure" system in order to protect all data relating to means of payment as effectively as possible, and that the customer's credit card data will not be stored on SEASONLY's computer system, but on that of the bank responsible for making online payments.

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

Once the payment process has been completed, the Customer is directed to a page displaying the invoice for the order. The Customer may print this page.

In addition, an e-mail confirming the order, with the above-mentioned 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, please refer to the website www.seasonly.eu.

 

7.1. Delivery times

The Products purchased will be sent by Colissimo without a signature as soon as the Products ordered have been handed over to the carrier, and in any event no later than 2 to 5 working days from the day following the Customer's final confirmation of the order.

The times indicated are average times and correspond to order processing and delivery times.

In the event of items being delivered on different dates depending on their availability, the delivery period is based on the longest period. SEASONLY reserves the right, however, to split deliveries. In this case, the delivery charge will only be invoiced for a single shipment.

Customers are invited to regularly check the status of their order on their account and to contact SEASONLY with any questions or problems relating to the delivery of their order by e-mail at [email protected].

In the event of late delivery, the Customer may report the delay to SEASONLY by e-mail to [email protected] and/or by telephone on +33 7 86 93 87 22 (price of a local call). In this case, and as long as the Product has not been dispatched, the Customer may cancel the order by sending an e-mail to the following address: [email protected], or by sending a registered letter with acknowledgement of receipt to the following address: Seasonly Service Consommateurs, 77 rue du Faubourg Saint-Denis, 75010 Paris.

7.2. Product availability

SEASONLY undertakes to deliver orders while stocks last. Consequently, in the event of unavailability of one of the Products, the Customer will be informed of this at the time of placing the order by means of a display on the web page, and the sale will not be completed.

However, despite SEASONLY 's commitment to stock management ( Appointment ) and the resources it has put in place for this purpose, errors may exceptionally be reported on its stock levels. In such cases, SEASONLY will inform the Customer by e-mail of the unavailability of the Product(s) concerned as soon as possible. SEASONLY will then take all necessary steps to refund the price of the unavailable Product(s). The bank account corresponding to the credit card details given at the time of the order will then be re-credited with the overpayment, within thirty (30) days of the notification sent to the Customer.

 

7.3. Terms of delivery

Products ordered by the Customer will be delivered without a signature to the address indicated by the Customer on the order. The parcel is delivered directly to the letterbox at the delivery address. If the letterbox is too small, the parcel will be given either to the addressee of the order, or, failing this and on the carrier's initiative, to any other person present at the address who agrees to take delivery (a neighbor, janitor or concierge).

If the parcel cannot be delivered in accordance with the above procedures, a notice of pending delivery is left by the carrier in the recipient's letterbox, indicating the address of the Post Office where the recipient may collect the parcel within 14 calendar days.

After this period, if the parcel is returned to SEASONLY by the postal services, SEASONLY reserves the right to invoice the customer for any return costs.

In the event of a dispute concerning the delivery itself, the carrier's computer system (flashing) will be decisive.

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

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

If the Customer finds that the Products are damaged or damaged or do not correspond to the order, he/she must make a detailed complaint in writing to SEASONLY by e-mail to [email protected] or by post to the following address: Seasonly Service Consommateurs, 75010 Paris, within three clear days. Any complaint made after this deadline will not be accepted. The Customer must return the Product(s) to SEASONLY at the following address: SEASONLY Duhamel Logistique, ZA Les Vignettes, 27690 LERY.

On a case-by-case basis, SEASONLY will consider the possibility of reimbursing the Product(s), to the exclusion of any exchange. In this case, return shipping costs will be reimbursed to the Customer.

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

SEASONLY will make refunds at its discretion, either by crediting the Customer's bank account, or by cheque sent in the name of the Customer who placed the order, to the billing address.

The Customer is bound 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 recipient's contact details (notably surname, first name, street number and name, zip code, town name, telephone number or e-mail address), SEASONLY cannot be held responsible for the impossibility of delivering the order.

7.4. Claims

The customer has one month from the date of receipt of the order to file a complaint with Customer Service.

•  Article 8. Right of withdrawal

In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) clear days, from receipt of the Product(s) delivered, to exercise his right of withdrawal without having to justify his decision or pay any penalty. If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

To exercise the right of withdrawal, the customer must notify SEASONLY, by registered letter with acknowledgement of receipt to the following address: Seasonly Service Consommateurs, 75010 Paris, France, or by e-mail to [email protected], expressing his or her wish to withdraw from the contract by means of an unambiguous statement, including his or her identity, delivery and billing address (if different), order number and date of receipt of the order.

In accordance with article L. 221-23 of the French 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 of notifying SEASONLY of his right of withdrawal.

To facilitate reimbursement, the Product(s) must be returned, complete in its (their) original packaging (accessories, instructions, etc.) in good condition, unopened and unaltered, and accompanied by the delivery slip, to the following address: SEASONLY Duhamel Logistique, ZA Les Vignettes, 27690 LERY. However, and in application of the provisions of article L. 221-28 paragraph 5° of the French Consumer Code, the Customer may not exercise his right of retraction and, consequently, return the Products, when the said delivered Products have been unsealed by him, after delivery, and consequently may not 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 given period, 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 French Consumer Code.

Furthermore, SEASONLY will not be obliged to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the one offered by SEASONLY under the present terms and conditions.

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 the entry of any username and password constitutes proof of his/her identity and manifests his/her consent to all operations carried out on the Site following his/her identification.

Customers must ensure that they maintain a valid e-mail address during the period of their registration on the Site, at the risk of losing access to it, particularly in the event of loss of their password.

A customer's account is strictly personal and may not be transferred, 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 your login and password, and the dates and times of such use,

- content recorded by the Customer in his "My Account" space,

- the nature, substance, date and time of all correspondence with SEASONLY staff using the Site or the tools offered on the Site,

- and, more generally, all information exchanged via the Site between SEASONLY and the Customer.

SEASONLY shall not be held liable for any loss or damage suffered by the Customer as a result of the use by a third party of the Customer's login and password. In the event of loss, misappropriation or fraudulent use of all or part of the Customer's login and password, the Customer must immediately notify SEASONLY. The Customer remains responsible for any use made of the login and password before informing SEASONLY , and before the latter has been able to modify them within a reasonable period of time. Should a Customer disseminate or use his/her login in a manner contrary to its intended purpose, SEASONLY reserves the right to terminate the contract and delete access to the "My account" area, as well as any saved files, without prior notice or compensation. SEASONLY may also take legal action to obtain compensation for any damage it may suffer as a result of such dissemination or use.

These stipulations are expressly deemed to be material between the parties.