GENERAL TERMS AND CONDITIONS OF ONLINE SALE
1- Legal notices
CANTARIA is a simplified joint-stock company with a capital of 1,000
euros registered with the Paris Trade and Companies Register under the
number 944 025 535, having its registered office at 58 rue de Monceau 75008 PARIS,
represented by its President, Mr. Raoul BRAS (the “ Company ”).
The Company's contact email address is: contact@cantaria.com
The Company's business is the distribution of cosmetic products and
Beauty wholesale and retail for individuals and professionals, in France and abroad
abroad, by any means (the " Products "),
including via the Internet through its website www.unbottled.co (the “ Site ”).
The Site is hosted by Shopify Inc, whose address is 126 York St.
Ottawa, ON K1N 5T5, Canada.
Definitions
of terms not defined elsewhere:
" Client " refers to the professional,
non-professional or consumer who has placed an order for a Product sold on
The Site.
" User " means any legal entity or
physical person who uses and browses the Site, whether they are a customer or not.
2-General Principles
The General Terms and Conditions of Sale define the terms of sales in
terms concluded between the Company and any User making a purchase via the
Site.
They are written in French in their original version, which is the only one that makes them
faith and prevails over any other version.
The General Terms and Conditions of Sale apply to the exclusion of all
other conditions. These are accessible to the Client on the Site at any time
at this time and they are systematically submitted to the Customer before any order
and at the time the order is registered.
All Users of the Site agree to comply, without restriction or
subject to the General Terms and Conditions of Sale, whether he visits it or proceeds to a
order. The Customer is bound by the General Terms and Conditions of Sale and declares
to have read this before placing any order for Products.
Consequently, placing an order implies full acceptance and
without reservation from the Customer to these General Terms and Conditions of Sale.
A printed version of the General Terms and Conditions of Sale as well as any
Information submitted electronically will be admissible in any procedure
legal proceedings concerning the application of the General Terms and Conditions of Sale of the
in the same manner and under the same conditions as any other document
written and kept in paper format.
The failure to exercise, at any time, a recognized prerogative
by the General Terms and Conditions of Sale, or not to require the application of a
no stipulation of the agreement arising from said Conditions shall be able to
under no circumstances shall this be interpreted as a modification of the contract, nor as a
express or tacit waiver of the right to exercise said prerogative in
the future, or the right to demand the scrupulous execution of the commitments made
under the General Terms and Conditions of Sale.
In the event that any of the terms of the General Terms and Conditions of
The sale would be considered illegal or unenforceable by a decision of
In the justice system, the other provisions will remain in force.
Changes to the Terms and Conditions
General Terms and Conditions of Sale
Given the potential evolution of the Site, the Company reserves the right to
possibility of adapting or modifying the General Terms and Conditions at any time
Sale. Consequently, the Company invites the Customer to consult the Terms and Conditions
General Terms and Conditions of Sale apply before any new order.
Sales then in effect are applicable to all orders placed at
counting from their date of publication online.
The version of the General Terms and Conditions of Sale that prevails is the latest one
version available on the Site.
3- Capacity
The Client must be a duly represented legal entity or an individual
adult physical adult with the legal capacity to place an order
on the Site. Otherwise, he must have the authorization of his representative.
legal to place an order, which he expressly acknowledges and accepts.
4- Products
The essential characteristics of the Products are described for each
Products listed in the online catalog. They were presented to the customer.
prior to ordering, as part of the pre-contractual information
which were communicated to him.
5- Customer Account
In order to place an order online on the Site, you are asked to create a
Customer account, although this is not mandatory.
To create their account, the Client will be asked to provide their
name, first name(s), telephone number, email address and postal address.
After creating your customer account, you will receive a confirmation email.
A summary of the information provided is sent to the Client at the address
that he will have previously filled in.
The Client agrees to provide the Company with accurate, up-to-date data.
complete and to maintain their accuracy. The Client agrees not to create
account under a false identity. It is the Client's responsibility to update the
data concerning him.
The login ID is the Client's email address. Access to the account
The Client is protected by a personal and confidential password.
undertakes to keep it secret and not to disclose it to any third party whatsoever
whatever the title. The Client is responsible for their password. If they
notices that their account is being used fraudulently, the Client
undertakes to report it to the Company immediately.
6- Order
The Customer places their order from the Company's online catalogue
accessible on the Site.
All orders are placed exclusively via the Site.
It is specified that any order placed on the
The site is an order with an obligation to pay .
All orders constitute acceptance of the product descriptions and prices.
in effect on the date of the order.
To place an order online on the Site, the Customer must:
- fill your basket with one or more Products;
- provide the billing and/or delivery address;
- Choose the delivery method.
Once the order is complete, the Customer has the option to check the
Products ordered, the total price of his order and the terms of his
order. He chooses his payment method. He can, if necessary, modify
this order or to go back and modify your order before finalizing it.
The order will only be definitively registered upon final validation.
from the order summary screen. This action is considered equivalent to the
handwritten signature referred to in Article 1367 of the Civil Code and in the conclusion
of a contract in electronic form within the meaning of Articles 1127-1 and 1127-2 of the
Civil Code. From the date of this action:
- The Customer confirms their order and declares that they accept it, as well as
the entirety of the General Terms and Conditions of Sale, fully and without reservation; and
- The order is considered irrevocable and cannot be challenged
that in the limited cases provided for herein.
The Customer has the option to print the order form corresponding to their
order.
7- Order Confirmation
Upon registration of their order by the Customer, an acknowledgement of receipt is sent.
A detailed description of this is sent to the email address he will have
previously entered information. This acknowledgement of receipt specifies the exact amount
invoiced, the indication of the products ordered and their quantity, the terms of
delivery of the order and refers to the General Terms and Conditions of Sale. This
Acknowledgment of receipt constitutes acceptance of the order by the Company and will validate
the transaction. The Client accepts that the recording systems of the
Order confirmations serve as proof of purchase and its date. By keeping this email and/or
By printing it, the Customer retains proof of their order from the Company.
recommends keeping it.
This email confirms that the Customer's order has been received by the
Company and not that the ordered product is available.
The Company undertakes to fulfill online orders only within the
limited stock available.
If the item is unavailable, the Company undertakes to inform you as soon as possible.
The Client by email or telephone. The Client has the option, in case
If the ordered product is unavailable, you may either cancel or modify your order.
order. In case of cancellation due to unavailability, the Customer will be refunded
within fourteen (14) days of receipt of his request
cancellation.
8- Price
Product Prices
Product prices are shown in euros, inclusive of all taxes.
take into account the VAT in force for France on the day of the order.
The prices quoted do not include shipping costs, which are in
principle at the Client's expense, in accordance with the provisions of article
"Shipping costs" below.
Promotional offers are valid only within the double limit of the
validity period of the offer in question and available stock.
Promotional codes apply only to base prices
Offers are not discounted and cannot be combined with each other or with gift cards.
Promotional codes can be used once per customer account (excluding programs).
loyalty program, the conditions of which are set out in the article "Program of
loyalty and referral program" below).
Cost of using a remote communication technique
Access to the Site is via the Internet.
Internet access fees via a communication service
Remote charges are the responsibility of the Client.
9- Shipping costs
Shipping and return costs are the sole responsibility of the Customer, except in the
cases specifically provided for in the "Delivery" section of the Terms and Conditions
General Terms and Conditions of Sale, related to non-conformity or a defect/fault in the Product. They
include order processing and packaging.
However, by way of exception, for any order of Product(s) exceeding fifty
(50) euros in mainland France, the initial delivery costs are taken
in charge by the Company.
10- Payment
Payment for the order is due in full on the day the order is placed.
Payment within the meaning of this article is constituted by the actual disbursement of funds to
at the disposal of the Company.
Payment methods
Payment is made online at the time of order by credit card or by
Apple Pay under the following conditions. The terms of use of the
Apple Pay platform (accessible on their respective websites)
apply concurrently with these terms and are independent of the
A company that does not intervene in any way in the use of said
platforms.
In all these cases, the order will be processed upon receipt of payment and within
subject to its collection.
If the bank refuses the order, it will be automatically cancelled.
Transaction security
To optimize the security of online transactions, the Site uses
an SSL (Secure Socket Layer) online payment system such that
Every effort is made to ensure confidentiality and
security of transmitted data, in the context of an online payment.
Our online payment system automatically checks the validity of
access rights during payment by bank card and encrypts all exchanges
in order to guarantee its confidentiality.
To benefit from the secure SSL payment method, the Customer must
It is imperative to use browsers compatible with the SSL system.
11- Delivery
Delivery methods
Delivery is made to mainland France, the European Union or
internationally, at the Client's choice.
The tracking number will be sent to the Customer by email, to allow them to
to check the status of your delivery.
Shipping costs will be charged at the rate in effect on the day of the
Orders and may vary depending on the delivery territory of the Products
and the delivery method chosen by the Customer on the Site, which the Customer
expressly acknowledges and accepts.
The Customer acknowledges the delivery terms before confirming
final order.
delivery time
Delivery times are indicated on the Site at the time of ordering.
They vary depending on the delivery method chosen. They start running at
from the date of receipt of payment by the Company.
If several items ordered at the same time have a delivery date
different, the delivery deadline will be the one that is furthest away.
However, in this case, the Company reserves the right to deliver
the order in several installments.
Although these are indicative, the Company will make its best efforts to
respect the delivery times mentioned when placing the order.
In the event of a delivery delay attributable to the Company, the Customer will have the
right to request cancellation of the sale of the Product by registered letter
with acknowledgment of receipt or on any other durable medium (including email)
(with acknowledgment of receipt) if, after having ordered, according to the same procedures, the
Company to make the delivery within an additional period of fifteen (15)
The Company did not comply within the specified timeframe.
In this case, the sale will be considered cancelled upon receipt
by the Company in the letter informing him of the termination, unless the
The company has not yet complied.
In the event of cancellation of the sale, the Company will reimburse the Customer within a
a period of fourteen (14) days from the date of cancellation.
Failure to meet delivery deadlines will not entitle the holder to payment.
of any compensation.
12- Product Reception
The Customer is required to check the condition of the packaging and the conformity of the
Product at the time of delivery and must immediately inform the delivery driver of the
reservations that he intends to express regarding the condition of the delivered Product so that they
The following should be noted on the transport document: damaged packaging, damage
subjected to, conformity with the order, etc.
Any claim regarding apparent defects or non-conformity of the
Product delivered compared to the information given during the presentation of the
Any product on the Site, as well as any damage related to transport, must be
confirmed by the Client to the Company within 48 hours of the
receipt of the Product either by registered letter with acknowledgment of receipt to
the following address: 58 rue de Monceau 75008 PARIS, or by email to
The following address: contact@cantaria.com.
The Client must provide all justifications regarding the reality of the
non-conformities, damage or defects observed.
In the absence of a claim made within the aforementioned time limits and conditions, the
Delivered products will be deemed accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain
a return authorization from the Company, specifying the address and the
Product return procedures.
Once return authorization is obtained, the Customer reships the Products
to the Company at the address specified on the return authorization according to the
terms and conditions indicated.
Any product reshipped without the company's agreement will be refused and returned.
to the sender at the sender's expense and risk.
To be validly returned to the Company and/or exchanged, the Products
must not have been used and must be returned intact in their
original packaging with any accessories, user manuals and
other documentation.
In the event that the Customer returns the Product due to a defect
The Client must use the following for the purposes of the document:
Return of Products using the same delivery method as the one chosen for shipment
of the ordered Products. In this context, the return shipping costs will be covered by
charged by the Company by means of a return slip or, failing that, by refunding the
Customer of the actual amount of said fees (proof of shipping costs must
must be included in the package; if it is not included, no
The Client cannot demand a refund.
13- Legal guarantees
Warranty of conformity and legal warranty against hidden defects
The Customer benefits from the legal guarantee of conformity (articles L. 217-4
and following sections of the Consumer Code, accessible via the link
following: link and link ) and of the
legal guarantee relating to defects in the thing sold (articles 1641 and
following from the Civil Code, accessible at the following link: link ), including the
The main provisions are reproduced below.
GUARANTEE
OF COMPLIANCE
Article
Article L. 217-3 of the Consumer Code, paragraphs 1 and 2 :
The seller delivers goods that conform to the contract and is liable for any defects.
conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from packaging,
assembly or installation instructions when it has been put in place
charge by the contract or was carried out under its responsibility.
Article
Article L. 217-4 of the Consumer Code:
The goods conform to the contract if they meet, in particular where applicable, the following:
The following criteria:
1° It corresponds to the description, type, quantity and quality,
particularly with regard to functionality, compatibility,
interoperability, or any other characteristic stipulated in the contract;
2° It is suitable for any special purpose sought by the consumer, worn
to the seller's knowledge at the latest at the time of conclusion of the contract
and that the latter accepted;
3. It is delivered with all accessories and instructions
installation, which must be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article
Article L. 217-5 of the Consumer Code :
I.-In addition to the criteria for conformity to the contract, the goods are compliant if they
meets the following criteria:
1° It is fit for the purpose normally expected of goods of the same type,
taking into account, where applicable, any provisions of European Union law
and national law as well as all technical standards or, in the absence
such technical standards, specific codes of conduct applicable to
sector concerned;
2° Where applicable, he possesses the qualities that the seller presented to
consumer in the form of a sample or model, before the conclusion of the
CONTRACT ;
3° Where applicable, the digital elements it contains are provided
according to the most recent version available at the time of conclusion
of the contract, unless the parties agree otherwise;
4. Where applicable, it is delivered with all accessories, including
the packaging, and the installation instructions that the consumer can
to legitimately expect;
5. Where applicable, it is provided with the updates that the consumer
may legitimately wait, in accordance with the provisions of Article L.
217-19;
6° It corresponds to quantity, quality and other
characteristics, including in terms of durability, functionality, and
compatibility and safety, which the consumer can legitimately expect
for goods of the same type, taking into account the nature of the goods as well as the
public statements made by the seller, by any person upstream in
the chain of transactions, or by a person acting on their behalf, y
included in advertising or on labeling.
II. However, the seller is not bound by all public statements
mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was legitimately unable to
to know them;
2° That at the time of the conclusion of the contract, the public declarations
had been rectified under conditions comparable to the declarations
initials; or
3° That the public statements could not have had any influence on the
purchase decision.
III. The consumer cannot contest conformity by invoking a defect
concerning one or more specific characteristics of the property, of which he has
were specifically informed that they deviated from the compliance criteria
stated in this article, a departure from which it has expressly and separately
agreed to at the time the contract was concluded.
Article
Article L. 217-7, paragraph 1 of the Consumer Code :
Any non-conformities that appear within twenty-four
months from the date of delivery of the goods, including goods with
digital elements are, unless proven otherwise, presumed to exist at the time of
the delivery, unless this presumption is incompatible with the
nature of the good or the defect invoked.
Article
Article L. 217-8 of the Consumer Code :
In the event of a lack of conformity, the consumer has the right to have the product replaced.
conformity of the goods by repair or replacement or, failing that, by reduction
of the price or to the termination of the contract, under the conditions set out in the
this subsection.
The consumer also has the right to suspend payment of any
or part of the price or the discount of the benefit provided for in the contract until the
the seller has fulfilled its obligations under this agreement
chapter, under the conditions of articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the allocation of
damages and interest.
GUARANTEE
AGAINST HIDDEN DEFECTS
Article
Article 1641 of the Civil Code :
The seller is liable for hidden defects in the item.
sold which render it unfit for its intended use, or which diminish
so much so that the buyer would not have acquired it, or would not have
given that a lower price, if he had known them.
Article
Article 1643 of the Civil Code:
He is liable for hidden defects, even if he was unaware of them, to
unless, in that case, he stipulated that he would not be bound by any
guarantee.
Article
Article 1644 of the Civil Code :
In the case of articles 1641 and 1643, the buyer has the option of returning the
either keep the item and get the price back, or get the item refunded.
to return part of the price.
Article
Article 1648, paragraph 1 of the Civil Code :
The action resulting from latent defects must be brought by
the purchaser within two years of discovering the defect.
14- Responsibility
Information
The Company strives to ensure, to the best of its ability, the accuracy and
the updating of information published on the Site, which it reserves the right to do so
right to modify, at any time and without notice. However, it cannot
to guarantee the accuracy, precision or completeness of the information contained
on the Site. Consequently, it disclaims all liability for the
inaccuracies, errors or omissions concerning the information
available, as well as any liability relating to damages resulting
of a fraudulent intrusion by a third party resulting in a modification of the
information contained on the Site.
The hyperlinks implemented within the Site leading to
other resources available on the Internet cannot be held liable
Company responsibility. Indeed, the Company has no means
to control the sites linked to its Site, which the Client is
expressly informed under this agreement. Consequently, the risks associated with
This use is entirely the responsibility of the internet user, who must comply
to the specific terms of use of each site.
Similarly, the photographs and texts reproduced and
Images illustrating the Products shown are not contractual. Consequently, the
The Company cannot be held liable for any errors in any of the
of these photographs or one of these texts.
Product compliance with applicable standards
The Company is committed to selling Products that comply with regulations and
to the standards in force in the European Union at the time of sale.
Use of the Site
Use of and browsing on the Site are the responsibility of
of the User. The Company disclaims all liability and cannot be
held responsible for any damages or viruses that may affect
computer equipment or any other hardware when accessing the Site,
the use of the Site or browsing on the Site, downloading of
all content, data, text, images or files from the Site.
Improper use/installation of the product
The Company declines all responsibility and cannot be held liable for
responsible for all damages caused to the Client or a third party due to a
Product use not in accordance with its intended purpose.
15- Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the
consumer who enters into a contract through a means of communication
distance has a withdrawal period of fourteen (14) days from
the date of receipt of the Product to return to your order.
It is specified that in the case of an order involving several goods
delivered separately or in the case of an order for goods consisting of lots or
multiple parts whose delivery is staggered over a defined period, the
short period from the receipt of the last good or batch or the last
piece.
For contracts providing for the regular delivery of goods during a
For a defined period, the deadline begins upon receipt of the first item.
To exercise his right of withdrawal, the Customer has fourteen (14)
days to inform the Company of your intention to withdraw by completing
and by sending the withdrawal form available to him in version
printable as an attachment to this document.
When the right of withdrawal is transmitted electronically online to
From the Site, the Company will promptly send the Client an acknowledgement of
receipt of the withdrawal.
The Customer then sends the Product(s) within fourteen
(14) days from the date of sending the withdrawal form, accompanied by
a copy of the invoice. The costs and risks of return shipping are the responsibility of the customer.
The Customer is solely responsible for the cost. The Products are returned to the Company at
the following address:
ETXE LOGISTIKA | CANTARIA Returns
600 Route de Bidache
40300 HASTINGUES, FRANCE
The cost of returning the Product is the initial delivery cost under the
standard delivery method offered by the Company at the time of ordering.
The Company undertakes to reimburse the Customer for the price of their order within the
fourteen (14) days from receipt of the Products or at least from proof
of the shipment of the Products (whichever of the two dates comes first).
The Products must not have been used or damaged and must
must be returned intact in their original packaging with any accompanying documents
accessories, user manuals and other documentation.
The Client may be held liable in the event of damage to the
Produced by the Client.
16- Intellectual Property
The Client does not possess any intellectual property rights or
industrial on Products, packaging, conditioning, the Company
remaining the exclusive owner of all these rights.
Any use of the trademark in any way whatsoever by the Customer
CANTARIA or any other brand belonging to the Company or its
suppliers and manufacturers are strictly prohibited from trading, except with the agreement of the
Company.
The content and structure of the Site are protected by copyright.
author's rights, as well as intellectual property rights, and this for the world
entire.
In this respect, and in accordance with the provisions of the Property Code
intellectual property rights are limited to private use, subject to the following:
different or even more restrictive provisions of the Property Code
intellectual property is permitted.
Any reproduction or representation, in whole or in part, of any content
present on the Site (including any text, image, iconographic representation)
or photographic, trademark or logo) for all purposes and on any medium
is prohibited.
Failure to comply with this prohibition constitutes an infringement that may
to engage the civil and criminal liability of the counterfeiter.
None of the provisions of the General Terms and Conditions of Sale may be interpreted
as granting the Client a license to any proprietary right
intellectual.
17- Protection of personal data
The Company declares that it complies with and undertakes to comply with the regulations
relating to personal data in force in France, and in particular the
European General Data Protection Regulation of 27 April 2016 (GDPR) and the
Data Protection Act of 6 January 1978, as amended.
18- Médiation
The Company and the Client cannot be held liable if the
non-performance or delay in performance of any of their
obligations, as described herein, arise from a case of
force majeure, as defined in Article 1218 of the Civil Code.