Terms and Conditions of Sale
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by INFA ECOM LTD ("the Seller" or "Twoshades") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale by the Seller ("the Products") on the website www.twoshades.ca. They specify in particular the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers. These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Customer. They are accessible at any time on the website www.twoshades.ca and will prevail, if necessary, over any other version or conflicting document. These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in force on the website at the time of placing the order. Amendments to these General Terms and Conditions of Sale are binding on users of the website www.twoshades.ca from the date of publication and cannot apply to transactions concluded previously.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website www.twoshades.ca are as follows:
- Khamaré: vetiver root
The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.twoshades.ca. Before placing an order, the Customer is required to refer to the description of each Product in order to learn about its properties, essential characteristics, delivery times, and, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. Specifically, the customer must refer to the description of each product to learn about the composition, adverse effects, and contraindications of each one. The choice and purchase of a Product are the sole responsibility of the Customer. The photographs and graphics presented on the website www.twoshades.ca are not contractual and shall not engage the Seller's liability.
Contractual information is presented in French and is subject to confirmation at the time of order validation by the Customer. The Products presented on the website www.twoshades.ca are offered for sale for metropolitan France and internationally. In the event of an order to a country other than metropolitan France, the Customer is the importer of the Products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne and are the sole responsibility of the Customer.
ARTICLE 3 - Duration of validity of the offer of Products
Product offers are understood within the limit of available stocks, as specified when placing the order.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows: INFA ECOM LTD
Pod 2, The Old Station House, 15a Main Street, Blackrock, Dublin Ireland, A94T8P8
ARTICLE 5 - Orders
5-1. Placing the order To place an order, it is the Customer's responsibility to select the Products they wish to order on the website www.twoshades.ca, add them to their cart, follow the online purchasing procedure, and click on "Pay now". The Customer will then receive an email confirming the acceptance of their order. They will also be informed by email of the shipment of their order. An electronic ticket detailing the order will be attached to the Shipping Confirmation.
The Customer has the opportunity to check the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or correct any errors. The recording of an order on the website www.twoshades.ca is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of these General Terms and Conditions of Sale in full as well as the general terms of use of the website www.twoshades.ca. The sale is only final after the Seller has sent the Customer the confirmation of acceptance of the order by email, which must be sent without delay, and after the Seller has received full payment. Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the modalities described above, on the website www.twoshades.ca constitutes the formation of a distance contract between the Customer and the Seller. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. The Customer acknowledges having the necessary capacity to contract and acquire the Products offered on the website www.twoshades.ca.
5-2. Modification of the order Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Prices
The Products are provided at the prices in force appearing on the website www.twoshades.ca at the time of registration of the order by the Seller. Prices are expressed in Euros including VAT. The prices take into account any discounts granted by the Seller on the website www.twoshades.ca. These prices are firm and non-revisable during their period of validity, as indicated on the website www.twoshades.ca, the Seller reserving the right, outside this validity period, to modify the prices at any time. They do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.twoshades.ca and calculated prior to placing the order. If the Customer requests a faster or more expensive shipping method than the standard shipping, the additional delivery costs, as they appear at the time of order validation by the Customer, are entirely at their expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 7 - Payment terms
The price is payable in full on the day of placing the order by the Customer, by secure payment via credit cards: Carte Bancaire, Visa, MasterCard, American Express, or other credit cards. Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment and the corresponding refund. Payment data is exchanged in encrypted mode using the STRIPE protocol. Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller. In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of orders in progress placed by the Customer. No additional fee, higher than the costs incurred by the Seller for the use of a means of payment, can be charged to the Customer.
Article 8 - Deliveries
Products ordered by the Customer will be delivered in mainland France and internationally to the address indicated by the Customer during the order on the website www.twoshades.ca. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Unless there is a particular case or unavailability of one or more Products, the ordered Products will be delivered at once. The Customer has several delivery options:
- Delivery to a pickup point within three (3) to seven (7) days from the shipment of the order;
- Standard delivery within three (3) to seven (7) days from the shipment of the order.
Deliveries are ensured by an independent carrier to the address mentioned by the Customer during the order and to which the carrier can easily access. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the specified timeframes above. To ensure these deadlines are met, the Customer must ensure that accurate and complete information concerning the delivery address has been provided (such as, in particular: street number, building, staircase, access codes, intercom names and/or numbers, etc.). The Customer can track the delivery progress of their order via a tracking number provided to them during the confirmation of the shipment of their order. However, these deadlines are provided for indicative purposes. If the ordered Products have not been delivered within a period of thirty (30) days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding. However, delivery charges will not be refunded in the event that the Customer has provided an incomplete or incorrect address, and in the event that the Customer does not collect their parcel from the pickup point within the specified timeframe. In the event of non-compliance of the delivered Product, the Seller undertakes to remedy it or refund the Customer, as indicated in the "Seller's Liability - Warranty" article. The Customer is responsible for checking the condition of the delivered products. They have a period of thirty (30) days from delivery to make any reservations or claims by email to contact@twoshades.fr (for example, damaged package already opened, incomplete package, etc.), with all supporting documents (especially photos). After this period and failing to comply with these formalities, the delivered Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.
The Seller will reimburse or replace, at its expense and as soon as possible, the delivered Products whose lack of conformity and/or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see warranties, in particular).
Article 9 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products will be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price regardless of the date of payment and delivery. Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only occur when the Customer physically takes possession of the Products. The Products, therefore, travel at the Seller's risk.
Article 10 - Right of Withdrawal
10-1. Principle and effects of withdrawal In accordance with the applicable legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify reasons or pay penalties. Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted for return. The right of withdrawal can be exercised by email to contact@twoshades.fr, by sending the withdrawal form available on the website www.twoshades.ca and attached to these general terms and conditions of sale, in which case an acknowledgment of receipt will be communicated by email to the Customer by the Seller. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) will be refunded; delivery charges and return costs will remain at the Customer's expense. The refund will be made within fourteen (14) days from the notification to the Seller of the decision to withdraw. The refund may be deferred until the Seller receives the returned products. The refund method will be the same as the payment method used during the initial transaction.
10-2. Exclusions In accordance with Article L.221-28 of the Consumer Code, the Customer cannot exercise the right of withdrawal for:
- Products made to the Customer's specifications or clearly personalized;
- Products which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; and
- Products that have been unsealed by the Customer after delivery and products that cannot be returned for reasons of hygiene or health protection.
ARTICLE 11 - Seller's Responsibility - Warranty
The products sold on the website www.twoshades.ca comply with the regulations in force in France and, more broadly, in Europe. The products provided by the Seller benefit from legal guarantees, without any additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- The legal guarantee of conformity, for products that are apparently defective, damaged, or do not correspond to the order,
- The legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use, under the conditions and according to the terms outlined in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Guarantee / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Client has a period of two years from the delivery of the goods to take action against the Seller; may choose between the repair or replacement of the ordered product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempt from proving the existence of the conformity defect of the product during the twenty-four months following the delivery of the product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product. The Client can decide to implement the guarantee against hidden defects of the product in accordance with Article 1641 of the Civil Code; in this case, he may choose between canceling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the discovery of hidden defects within the aforementioned deadlines, and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions...). The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of receipts. Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's acknowledgment of the conformity defect or hidden defect. The refund will be made to the Client's bank account. The Seller's liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
- In the event of misuse, professional use, negligence, or lack of maintenance on the part of the Client,
- In the event of normal wear and tear of the product, accident, or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 12 - Protection of Personal Data
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders. The processing of information communicated via the website www.twoshades.ca complies with legal requirements concerning the protection of personal data, with the information system used ensuring optimal protection of this data. In accordance with current national and European regulations, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding information concerning him. This right can be exercised by email to contact@twoshades.fr, providing proof of identity.
ARTICLE 13 - Intellectual Property