Terms and Conditions of Sale

 

PREAMBLE

La Boutique La Canopée is an e-commerce site accessible via the Internet at www.la-canopee.com (hereinafter referred to as the “Site”). It is open to any user of this network. It is published by the company La Canopée SAS, trading as La Canopée, a SAS (simplified joint-stock company) with a capital of 20,000 euros, whose registered office is located at 52 chemin de l’orme, 06130 Grasse, registered with the Trade and Companies Register of Grasse under number 824 156 020 RM 06.

The Site allows La Canopée to offer beauty products for sale to Internet users browsing the Site.

Prior to placing an order, the buyer declares that they have full legal capacity, enabling them to commit to these general terms and conditions of sale.

Any order for a product offered on the Site implies the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional upon a handwritten signature from the user. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, issued for the application of Article 1316-4 of the Civil Code regarding electronic signatures, it is recalled that the validation of the order form as specified in Article 3.3 below constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

The products are offered for sale in the following geographical territory: Metropolitan France, Corsica, Monaco, Andorra, French Overseas Departments and Territories (DOM-TOM), Switzerland, Germany, Belgium, Italy, Luxembourg, Netherlands, Great Britain, Spain, Austria, Cyprus, Denmark, Ireland, Portugal, Finland, Norway, Sweden, Azores, Madeira, Canary Islands, USA, Canada.

It is specified that the user may save or print these general terms and conditions of sale, provided that they are not modified.

 

1. PURPOSE

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer about the conditions and terms under which the seller carries out the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales of products offered on its website by the company La Canopée.

The company La Canopée reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

 

2. PRODUCTS AND PRICES


2.1. PRODUCTS

In accordance with Article L. 111-1 of the Consumer Code, the user can, prior to placing an order, become aware of the essential characteristics of the product(s) they wish to order on the La Canopée Site.

The buyer selects one or more products from the various categories offered on the La Canopée website.

The offers presented by La Canopée are valid within the limits of available stocks. La Canopée reserves the right to modify the product assortment, particularly based on constraints related to its suppliers.
Photographs, graphics, and descriptions are created to be as close as possible to the reality of the product sold. In the event that a supplier changes the aesthetics of an accessory, the graphic representation of it cannot affect the sale if the product remains identical otherwise. The seller undertakes to update the visual as soon as possible.

 

2.2. PRICES

The selling prices of products offered online on the La Canopée website are indicated in euros and correspond to the rates in force at the time of order registration by the buyer.

They do not include shipping and order processing costs, which are invoiced as an additional charge and clearly indicated before the order is validated.

Prices include the Value Added Tax (VAT) applicable in France on the day of the order. Any change in the VAT rate will be automatically reflected in the price of the products.

For any order destined for a country outside the European Union (notably the United Kingdom, Switzerland, French Overseas Departments and Territories, or any other third country), billing is carried out exclusive of taxes (HT). Upon confirmation of the delivery country, the invoiced amount will be displayed exclusive of tax. Customs duties, import taxes, and any potential additional fees may be required upon receipt of the package and remain the responsibility of the buyer.

La Canopée reserves the right to modify its prices at any time, but undertakes to apply the rates in force at the time the order is validated.

 

 

2.3 CUSTOMS DUTIES AND LOCAL TAXES

For any order delivered outside the European Union, as well as to French Overseas Departments and Territories (DOM-TOM), customs duties, local taxes, or import duties may apply.
These fees, which vary according to the destination country and the regulations in force, remain the sole responsibility of the customer and are not included in the total order price or the shipping costs indicated during the purchase.
It is the customer's responsibility to inquire with the relevant local authorities to determine the applicable taxes and duties, as well as the corresponding declaration or payment procedures.

3. ORDER REGISTRATION AND VALIDATION


3.1. NAVIGATION WITHIN THE SITE

The user can view the various Products offered for sale by La Canopée on its Site. They can browse freely through the different pages of the Site without being committed to an order.

The user remains responsible for any telecommunication costs incurred when accessing the Internet and using the site.

 

3.2. ORDERING

Any order implies full and unrestricted adherence to these general terms and conditions of sale.

From the moment the buyer registers their order by clicking on the “Continue to payment” icon, they are considered to have knowingly and unreservedly accepted these general terms and conditions of sale, the prices, volumes, and quantities of the products offered for sale and ordered.

If the user wishes to place an order, they will choose the various products they are interested in and indicate that interest by clicking on the “Add to cart” button.

At any time, the buyer can:
– obtain a summary of the products they have selected or modify their order by clicking on “My Cart” accessible at the top right of each page.

By clicking on “View cart,” the customer will have access to the summary of their order: the nature, quantity, and price of the products selected by the buyer, as well as the total order amount.

To order the products they have chosen, the buyer will click on “Checkout.” The buyer will then need to identify themselves, either by entering their email address and password if they have a customer account, or by accurately filling out the form provided, on which they will include the necessary identification information, including their last name, first name, and postal address.

The buyer is informed and accepts that entering any identifier serves as proof of their identity and manifests their consent.

 

3.3. FINAL VALIDATION OF THE ORDER

After reviewing the status of their order, and once all requested information has been completed by the buyer, the latter will choose the payment method they wish to use to settle their order, it being understood that the buyer must have the payment methods as defined in Article 4 below. They will click on the button corresponding to the chosen payment method. They will then click on the “Continue to payment” button to pay for their order.

The sale will only be considered final after La Canopée has sent the order confirmation to the buyer and received full payment of the price.

La Canopée recommends that the buyer keep this information in a paper or electronic document.

Any fraudulent order or order presumed as such will be considered by La Canopée as null and void.

 

 

4. PAYMENT

Payment must be made at the time of the order by the buyer. At no time can the sums paid be considered as deposits or installments.

All orders are payable in euros. The buyer guarantees to La Canopée that they have any necessary authorizations to use the payment method they have chosen when registering the order form.

La Canopée reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and stage of execution, in the event of non-payment of any sum due by the buyer, in the event of a payment incident, or in the event of an existing dispute with the buyer.

Penalties equal to the legal interest rate plus five percentage points are automatically applicable to unpaid amounts after a period of ten days following the invoice date or upon notification of the rejection of bank payment for any other payment method. The delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the provisions of these terms.

For any payment, La Canopée reserves the right to request a photocopy of the buyer’s identity card and, if applicable, that of the holder of the payment method used by the buyer. For amounts greater than 150 euros (incl. tax), La Canopée reserves the right to request a certified copy of an identity document.

As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.

To pay for their order, the buyer has the following payment methods: credit card.

– The credit cards accepted on the site are: Carte Bleue, Visa, and Master Card.

Payments can be made by credit card; they will be processed through the secure Payplug system. It uses the SSL (Secure Socket Layer) protocol so that transmitted information is encrypted by software and no third party can access it during transit on the network.

In the case of payment by credit card, the buyer's account will be debited on the day of the order.

 

 

 

5. PRODUCT SELECTION

The buyer, having read about the products and their characteristics marketed by La Canopée, has, under their sole responsibility and according to their needs as previously determined before any order, chosen the product(s) subject to their order. Furthermore, since the buyer is the only one who knows the products they possess and use, they are the sole judge of the compatibility of the products ordered with those they use.
It is exclusively the responsibility of the buyer, if they do not consider themselves sufficiently competent, to seek advice from an advisor.

 

 

6. DELIVERY AND RECEIPT


6.1. GENERAL RULES

Products will be delivered to the address indicated by the buyer on the order form, a destination that must be consistent with the previously agreed geographical area.

By default, invoices are sent to the email address provided by the customer during registration. Failure to comply with the procedures set out below will result in no buyer claims being accepted.

 

6.2. CHARACTERISTICS OF THE POST OFFICE COLISSIMO SYSTEM

The buyer receives the delivery at their home from their postal carrier. In case of absence, the buyer or the recipient of the ordered product receives a notice of arrival from their carrier, which allows them to collect the ordered products at the nearest post office within a period of fifteen days.

The buyer is required to check the condition of the package and its contents upon delivery.

In the event that the buyer has any doubt of any nature whatsoever regarding the condition or content of their package, they are required to:
– apply the Colissimo procedure (in particular, report damages, and make any claims and reservations) and refuse the merchandise by immediately issuing an anomaly report to the postal carrier (report 170) or at the nearest post office within 48 hours of receiving the package.
– report these incidents within 48 hours to La Canopée at serviceclient@la-canopee.com, specifying the order number.

 

6.3 DEADLINES

Delivery times, following validation of your order, are as follows:
– POST Colissimo: for France, 3 to 5 working days; for other countries delivered, 5 to 7 working days.

Any order confirmed from Monday to Friday (excluding public holidays) is processed within the next two working days, subject to available stock.

When validating the order, the customer is informed of the delivery deadline, taking into account product availability and the chosen delivery method. If this deadline were to be extended, the customer would be notified by the seller.

In any case, and in accordance with the provisions of Article L. 216-1 of the Consumer Code, the ordered products will be delivered within a maximum period of thirty days from the day following the day the buyer registered their order, subject to full payment of the price.

Failure to deliver upon the expiration of this period, the buyer will have the possibility to cancel their order. The sums paid by the buyer will then be returned to them without delay, excluding any other compensation.

In case of delivery delay compared to the initially fixed date, the buyer may report it in writing (letter, email) to La Canopée in order to improve the quality of service that can be offered and to allow La Canopée to conduct an investigation with the carrier.

If, during this investigation, the product is found, it will immediately be re-routed to the delivery location designated in the order form. Conversely, if the ordered product is not found at the end of this investigation period, La Canopée will proceed at its own expense to a new shipment of the products ordered by the buyer.

 

6.4. PRODUCT UNAVAILABILITY

Products are offered within the limits of available stocks. In case of unavailability of one of the products, the buyer will be informed as soon as possible. This information may be notified to them, as far as possible, as follows:
– at the time of placing the order;
– following the validation of the order, prior to delivery, via email.
In case of payment for unavailable products, La Canopée will refund the excess amount paid.

In all the aforementioned cases, the buyer will have the possibility to cancel their order by requesting a refund without delay of the sums paid, by email addressed to serviceclient@la-canopee.com.

 

6.5 DELIVERY DELAY - BLOCKED OR LOST PACKAGE

In the event of an abnormal delivery delay or non-receipt of the package, an investigation is systematically opened with the carrier.

As long as this investigation is in progress, no refund or re-shipment can be made, except upon confirmation of the definitive loss of the package by the carrier or if the legal delivery deadline provided for in Article L216-1 of the Consumer Code has been exceeded.

In the event of a refund or re-shipment made as a commercial gesture before the investigation is closed, if the package is subsequently delivered to the customer, the latter agrees to refuse the package or return it to the sender according to the procedures communicated to them.

 

7. GENERAL WARRANTIES

In accordance with current legislation, all products sold on the Site benefit from legal guarantees:

Legal guarantee of conformity (articles L.217-3 to L.217-20 of the Consumer Code):
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The consumer has a period of two (2) years from the delivery of the goods to take action. They may choose between repair or replacement of the product, subject to the cost conditions provided for by law.

Guarantee against hidden defects (articles 1641 et seq. of the Civil Code):
The buyer may exercise this guarantee within a period of two (2) years from the discovery of the defect. They may choose between cancellation of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.

These legal guarantees apply independently of any commercial guarantee that may be granted by La Canopée.

 

8. RIGHT OF WITHDRAWAL

In accordance with Article L. 221-18 of the Consumer Code, the buyer has a period of fourteen clear days from the date of receipt to request a return at our expense of the ordered products for a refund.

In order to submit a withdrawal request, the buyer must contact the company La Canopée by email, specifying the order number and the reference of the item(s) concerned as mentioned on the invoice, by email sent to serviceclient@la-canopee.com. La Canopée undertakes to send a return slip to the buyer.

Products must imperatively be returned to La Canopée in a perfect state for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and unused.
When a buyer returns products, any risk associated with the return of the product is at the buyer's expense.
If the aforementioned conditions are met, La Canopée will reimburse the buyer, within a period of fourteen days, the sums corresponding to the products acquired.

 

9. PRODUCT RETURNS BY PARCEL

To return an item, the buyer must first inform the company La Canopée by email at serviceclient@la-canopee.com, specifying the order number and the reference of the item(s) concerned as mentioned on the invoice.

After validation of the request, a pre-paid return label will be sent by email. Simply stick it on the parcel to be returned, with return shipping costs covered by La Canopée. Products must be returned intact, unopened, and in perfect condition, in their original packaging.

The customer has a period of 30 days from receipt of the return slip to carry out the return.

⚠️ No parcel sent with postage due will be accepted.

 

10. RETENTION OF TITLE

La Canopée retains full and complete ownership of the products sold until full payment of the price, including principal, fees, and taxes.

 

11. LIABILITY

La Canopée cannot be held liable for non-performance of the contract in the event of stock shortage or unavailability of the product due to a case of force majeure, disturbance, or total or partial strike, particularly of postal services and means of transport and/or communications.

La Canopée shall not be liable for any loss of data or files. It is the buyer's responsibility to carry out all necessary backups.

The La Canopée site also contains information from third parties and links to other websites. La Canopée cannot, under any circumstances, be held liable for damages resulting from the use of, access to, or inability to use this third-party information, nor for the content of other websites.

 

12. PARTIAL INVALIDITY

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent jurisdiction, the other provisions shall remain in full force and effect.

 

13. NON-WAIVER

The fact that one of the parties does not assert a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be construed in the future as a waiver of the obligation in question.

 

14. PERSONAL DATA & GDPR

La Canopée collects and processes personal data within the framework of online sales and customer relationship management, in accordance with the General Data Protection Regulation (GDPR – EU 2016/679) and the Data Protection Act No. 78-17 of January 6, 1978, as amended.

 

14.1 Purposes of processing

The personal data collected (surname, first name, postal address, email, telephone, order information, etc.) are used for:

management and tracking of orders, deliveries, and invoices,

after-sales service,

customer account management,

sending commercial information (with the customer's express consent).

 

14.2 Recipients

The data is intended solely for La Canopée and its technical service providers involved in processing the order (carriers, payment providers). It is never sold or communicated to unauthorized third parties.

 

14.3 Retention period

The data is kept for the time necessary to manage the commercial relationship and in accordance with legal obligations (notably fiscal and accounting).

 

14.4 Customer rights

In accordance with the GDPR, each customer has the following rights regarding their data:

right of access, rectification, erasure,

right to restriction or objection to processing,

right to data portability,

right to lodge a complaint with the CNIL.

To exercise their rights, the customer may write to:
La Canopée – Service Client 52 chemin de l'orme 06130 GRASSE
or send an email to: serviceclient@la-canopee.com.

 

14.5 Cookies

The Site may use cookies intended to improve the browsing experience and establish statistics. The user can manage their preferences via their browser or from the consent banner displayed during their first visit.

 

14.6 Privacy policy and terms of use

By providing your phone number, you agree to receive messages from La Canopée via WhatsApp, solely within the framework of our communication service managed with WAX.
These messages may include information about your orders, personalized tips, or news regarding our products and offers.

Your phone number will never be used for other purposes, nor transmitted to third parties for commercial purposes. You can unsubscribe or request the deletion of your data at any time by contacting us at: serviceclient@la-canopee.com .

 

15. INTELLECTUAL PROPERTY

All elements of the La Canopée site are the intellectual and exclusive property of La Canopée. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual, or sound.

 

16. APPLICABLE LAW AND COMPETENT JURISDICTION

Sales of products by the company La Canopée are subject to French law. Any dispute relating to the interpretation, execution, or termination of the contract concluded between La Canopée and the buyer, even in the event of multiple defendants, will, failing an amicable agreement, be under the jurisdiction of the courts of Grasse or the courts of the buyer's place of residence.