Terms of sale

The present General Terms and Conditions of Sale are concluded between, on the one hand, BASIC Cosmetiques, SAS with a capital of €12,000 registered with the Paris Trade and Companies Register under number 850291840, having its registered office at 27, rue du Chemin Vert 75011 Paris (hereinafter "Le Tube"), and, on the other hand, any person having made a purchase on the www.letube.co website, hereinafter "the Customer". Any purchase on the site www.letube.co (hereinafter the "Site") automatically implies acceptance of all these conditions.
 
 
 ARTICLE 1 - DEFINITIONS

Customer: designates any user who purchases a Product through the Site and/or who has a personal account on the Site.
 
 Order: designates the process consisting of the Customer selecting the Products that he wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he wishes to have delivered and the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken over by Le Tube, which will proceed with the shipment of the Products ordered in accordance with the terms and conditions of these Terms and Conditions of Sale.
 
 Contract: refers to these GCS and any special conditions applicable to certain promotional operations. Consequently, the Customer waives the right to rely on any contradictory document that may be opposed to the Contract, and which would consequently be unenforceable against Le Tube.
 
 Personal data: refers to all information of a personal nature relating to the Customer as a natural person provided by him/her when placing the Order.
 
 Parties: refers jointly to The Tube and the Users of the Site.
 
 Products: designates the products available for sale on the Site.
 
 User: designates any individual or legal entity accessing the Site, whether or not he or she is a Customer.
 

 ARTICLE 2 - PURPOSE OF THE CGV AND VERSION IN FORCE
 
 2.1. The purpose of the present Terms and Conditions of Sale is to define the conditions under which Users may access the Site, place Orders and manage the relationship between The Tube and Users, including all of the rights and obligations arising therefrom.
 
 2.2 They apply to the relations between Users among themselves and between Users and Le Tube. All Users undertake to respect, without restriction or reservation, these GTC, whether they visit the Site or place an Order. The GCS are notified to Users for acceptance prior to any Order on the Site.
 
 2.3. The Tube is free to modify, at any time and without prior notice, the present GCS, in particular in order to take into account any legal, jurisprudential and/or technical developments. The Tube shall inform the User by any means, who must accept the new GCS.
 
 In any event, the fact that the User continues to use the Site after having been informed of the modification of the GTC shall entail the User's acceptance of the modifications to the GTC.
 Successive versions of the GCS will be accessible from the Site.
 
 2.4. The prevailing version of the GCS is the latest version available on the Site.
 
 2.5. The version applicable to an Order is the version in force on the date on which the Order is placed.
 Each new Order requires the acceptance of the GCS by the Customer, which the Customer acknowledges and accepts.
 If Users do not accept the GCS or their subsequent modifications, they must renounce any use of the Site.
 2.6. The User declares having obtained from Le Tube, prior to placing an Order, all information on the Products and delivery terms and conditions. The User declares that he is solely responsible for the choice of Products and their suitability for his needs.
 
 2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he must have the authorisation of his legal representative to place an Order, which he expressly acknowledges and accepts.
 
 
 ARTICLE 3: PRICING
 
 All prices presented on the Site are in euros and include all taxes. Le Tube reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of his Order.
 
 
 ARTICLE 4: PRESENTATION OF ARTICLES
 
 The User is informed that photographs of the Products appear on the Site, which he may consult freely.
 Le Tube guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves.
 RESPIRE makes its best efforts to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (colour of the Products in particular). Nevertheless, Le Tube cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site.
 Moreover, Le Tube shall endeavor to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, Le Tube cannot guarantee the exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: contact@letube.co.
 The User declares that he/she is fully aware of the provisions of this article, and expressly agrees not to hold the Tube liable in this respect, subject to the application of mandatory legal provisions (in particular the guarantee of conformity).
 
 
 ARTICLE 5: ORDER

 The User may browse the Site without any obligation to purchase. 
 In order to place an Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket. 
 The creation of a personal account on the Site is necessary to place an Order. Certain personal data of the Customer is required for the proper execution of the Order by Le Tube. 
 The personal account allows the Customer to follow the history of his Orders on the Site and to find the corresponding confirmations and invoices. Some of the Customer's personal data is required to create a personal account. 
 The Customer is required to provide complete, up to date and accurate information, and Le Tube cannot be held liable in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges. 
 The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges. 
 Once the Order has been finalized, acceptance is confirmed by Le Tube by sending an email to the Customer at the address indicated at the time of the Order. 
 
 The Order is validated once payment has been made in full and received by Le Tube. 
Le Tube undertakes to honor the validated Orders, within the limit of available stocks. 
 
 In the event of unavailability of one or more Products after the Order has been placed, the Customer will be notified by email. 
 The Customer will have the choice of being reimbursed the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (except in the event of definitive withdrawal from the catalogue). 
 In any event, Le Tube shall not be held liable for any prejudice suffered by the Customer, nor shall it be held liable for any damages. 
 Le Tube may modify the range of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer. 


 ARTICLE 6: DELIVERY

 Delivery charges will be specified on the Site, including all taxes, during the Order process and must be accepted by the Customer at the time of the Order validation.
 They will appear on a specific line, distinct from the line specifying the price of the Products.
 It is expressly stated that the amount of the delivery charges may vary according to the territory to which the Products are delivered, which the Customer expressly acknowledges and accepts.
 Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
 Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products shall be delivered within the time limits specified during the Product Order process and before validation of the said Order. Delivery times are also reminded in the Order confirmation e-mail sent to the Customer.
 Delivery times include the preparation and dispatch of the Order, as well as the time taken to deliver the Products to the delivery point (Customer's postal address or delivery point).
 In the absence of any indication on the Site of a delivery time for the Products, Le Tube undertakes to deliver them within a maximum period of 30 (thirty) days from the Order confirmation email sent to the Customer by Le Tube. In this case, the Products in question are delivered within the period indicated on the Site and recalled at the time of the Order.
 However, since Le Tube uses external service providers (carriers, postal services, etc.) to deliver the Products, Le Tube is totally dependent on these third party service providers. The delivery times indicated on the Site may therefore be affected by the service providers without Le Tube being responsible for these delivery delays and the consequences that may result from them.
 When delivery is made against signature, this signature is proof of the proper receipt of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. As of this date, the Customer shall be solely and exclusively responsible for them, their use and any consequences that may result from their use. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting document. Any Order received against signature by the Customer shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.

 
 ARTICLE 7: PAYMENT

The Customer pays on the website www.tube.co by credit card from the Visa, Mastercard networks or via the secure payment platform by Paypal.
 
 ● Payment via Paypal The terms of payment are specific to the Paypal payment provider's platform, and are independent of Le Tube, which does not intervene in any way in the use of said service. All terms and conditions related to payment via the Paypal payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, which apply concomitantly to these Terms and Conditions. The Tube does not keep any of the Customer's bank details, subject to the provisions below. Le Tube shall not be held liable for any malfunction occurring on the Paypal payment platform.
 By accepting the present Terms and Conditions, the Customer also agrees to be bound by Paypal's General Terms and Conditions of Use, accessible at the aforementioned address. These may be subject to change by Paypal only. Under no circumstances can Le Tube modify the Terms and Conditions of Use of Paypal, a service provider over which it has no control.

 
 ARTICLE 8 - WITHDRAWAL

 Pursuant to Articles L.221-5 and following of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging is deteriorated will not be taken back), to request reimbursement without penalty. 
 
 In particular, Le Tube will not reimburse cosmetic products with the lid removed. 
 
 The Customer must therefore place the intact packaging containing the product in a suitable package on which the return label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other element allowing the identification of the Order in question and its holder. 
 
 The return of the Product is made at the Customer's own risk. If the package is lost, stolen or damaged during the product return, Le Tube reserves the right to refuse the refund of the returned product(s). 
 
 Only the Customer identified as such to Le Tube can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery. The return address is: 27 rue du Chemin Vert, 75011 Paris, France.


 ARTICLE 9 - PERSONAL DATA

 9.1. Personal data is collected by Le Tube when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility to place an Order as a "guest".
 In addition, personal data is collected by means of cookies. This type of collection is envisaged in article 9.2 below.
 When placing an Order, certain personal data must be provided by the Customer and collected by The Tube. This includes the Customer's first name, last name, email address, postal address and telephone number. The same personal data is required when creating a personal account.
 
 This personal data is subject to automated processing for the purposes of managing the Order and Le Tube's customer base, as well as for commercial prospecting and statistical purposes.
 They may be transmitted to Le Tube's commercial partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
 In addition, as part of the online payment services used by Le Tube, these services collect certain personal data belonging to Customers on behalf of Le Tube.
 The said data is kept for the duration necessary for the purposes for which it is collected and processed, namely for the completion of the Order placed by the Customer, unless :
 - a longer storage period is authorized or imposed by a legal or regulatory provision;
 - the Customer has exercised, under the conditions set out below, one of the rights granted to it by law.
 In addition, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from Le Tube under the conditions described below.
 Subject to the Customer's express acceptance by means of check boxes, the Customer's email address may also be used by Le Tube for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
 In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, the Customer has the possibility to change his or her choice by contacting Le Tube under the conditions mentioned below or by using the unsubscribe links provided in the messages.
 Access to personal data is strictly limited to employees of Le Tube, who are authorized to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to Le Tube by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being required. It is specified that, in the context of the performance of their services, third parties only have limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set forth above, Le Tube undertakes not to sell, rent, transfer or give third parties access to data without the prior consent of the Customer, unless forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).
 In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, data files and liberties and European Regulation No. 2016/679/EU of 27 April 2016, the User benefits from a right of access, rectification, portability and deletion of his/her data or limitation of processing. He or she may also, on legitimate grounds, object to the processing of data concerning him or her.
 He may thus require that personal data concerning him that are inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his/her consent to the collection and processing of his/her personal data, subject to e Tube's legal obligations. The User may also, under the right to portability of his personal data, retrieve his personal data for his personal use, or request that it be transferred to a third party, if this is technically feasible. Each User may also oppose, for legitimate reasons, the processing of data concerning him/her and request the limitation of data processing.
To exercise these rights, the User must send a request to the following postal address: Le Tube, 27 rue du Chemin Vert, 75011, Paris, France, or by e-mail to contact@letube.co indicating his or her first and last names. Le Tube may ask the User to prove his or her identity, by attaching any necessary document to the request, in particular a copy of his or her identity card or passport.
 The Tube will use the means at its disposal to process requests relating to Users' personal data.
 In the event of a security breach on the Site or loss of personal data relating to Users, Le Tube will inform them by e-mail in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
 Users also have the right to make a complaint, which they may exercise with the national control authority, namely the CNIL.
 For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
 9.2. The Tube may set cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
 The cookies installed by The Tube are deleted from the Customer's computer terminal after a period of 13 months.
 The User may oppose their installation and/or delete them by following the procedure indicated on his/her browser.
 As such, Le Tube collects the express consent of Users to the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulations on the Protection of Personal Data.
 The Tube uses these cookies only to establish connection statistics and User browsing history.


 ARTICLE 10: VOUCHERS/CREDITS

 The vouchers sent by Le Tube can be used for 1 year on all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.

 
 ARTICLE 11: PROMOTIONAL CODES

 Promotion codes apply only to non-redeemed base prices. Promotion codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by Le Tube. These codes are non-refundable upon exchange.

 
 ARTICLE 12: INTELLECTUAL PROPERTY

 Without this list being exhaustive, the "Le Tube" trademark as well as its derivatives and variations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of Le Tube. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producer rights in force, of which Le Tube is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of Le Tube is strictly prohibited and may be subject to legal proceedings.
 Any reproduction or representation, in whole or in part, of the Site or of the elements composing it, such as trademarks, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
 Browsing on the Site does not entail any transfer of intellectual property rights to the User. The Tube grants the User the right to access and consult the Site only, under the terms and conditions set forth in these Terms and Conditions of Sale.
 

 ARTICLE 13: LIMITATION OF LIABILITY

 13.1 The Tube declines all liability for damages of any kind whatsoever, resulting in particular from the use of the Site or the Product Order, including damage to the Customer's reputation and image, or loss of data that may occur as a result of the use of the Site.
 In the event that the liability of Le Tube should be established and retained due to a prejudice suffered by the Customer and exclusively to Le Tube, this liability shall be limited to the amount of the Order paid by the Customer to Le Tube.
 13.2. The User acknowledges that its use of the Site is at its own risk. The Site is provided to him "as is" and is accessible without any guarantee of availability and regularity.
 Le Tube will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of Le Tube and subject to maintenance periods, possible breakdowns, technical contingencies related to the nature of the network or acts of malevolence or any damage to Le Tube's hardware or software.
 13.3. Le Tube may in no event be held liable due to an interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption.
 13.4. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, that may produce alterations in the User's computer systems cannot be excluded.
 The Tube offers no guarantee, either explicit or implicit, as to the operation of the Site, in particular any technical problems that may arise.
 The Tube reserves the right to modify, at its own discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access to them, either temporarily or permanently.
 13.5. The liability of Le Tube under the obligations of the present GCS shall not be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of Le Tube.
 It is agreed that in the event that the liability of Le Tube is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, all indirect, consequential and/or incidental damages, such as for example, commercial disruption, loss of customers, etc., will not give rise to a right to compensation to the User.
 In any event, the liability of Le Tube, in the event of prejudice caused to the Customer, for any reason whatsoever, shall be expressly limited and may under no circumstances exceed the total amount excluding taxes of the Customer's Order made hereunder.
 13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by Le Tube. Consequently, Le Tube shall not be held liable in the event of non-compliant use of the Products by the Customer or a third party.

 
ARTICLE 14: LEGAL GUARANTEE

 In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.

 
 ARTICLE 15: COMPLAINTS - INFORMATION

 Any complaint or request for information relating to these GTC must be sent to Customer Service by e-mail to the following address: contact@letube.co.

 
 ARTICLE 16 - Miscellaneous provisions

 16.1. Partial invalidity
 If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. 
 16.2. Non-waiver 
 The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted in the future as a waiver of the obligation in question. 17.3. Mediation 
 In the event of a dispute relating to an Order, the Customer must first contact Le Tube, in order to find an amicable solution, by email at contact@letube.co.
 The dispute can only be referred to the mediator after the Customer has taken prior written steps with Le Tube. 
 In addition, in accordance with Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/. 
 16.4. Applicable law and jurisdiction 
 The present GTC are governed by French law, unless otherwise mandatory. 
 In the absence of an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GCS will be submitted to the competent courts of Paris, unless otherwise provided. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.