PREAMBLE

The website accessible at https://thecare.fr allows the company GREENMATTER to offer cosmetic and lifestyle products for sale to users.

These General Terms and Conditions of Sale are concluded between, on the one hand, GREENMATTER with a capital of €1,000, registered with the RCS of Aix-en-Provence under number 900 763 921, having its registered office at 2220 CHEMIN DE LA BLAQUE 13090 AIX-EN-PROVENCE FRANCE (hereinafter referred to as “GREENMATTER” or “the Seller”), and on the other hand, any person having made a purchase on the site https://thecare.fr (hereinafter referred to as “the Customer”). Any act of purchase on the site https://thecare.fr (hereinafter referred to as the “Site”) automatically entails acceptance of all of these conditions.

ARTICLE 1 – DEFINITIONS

User: means any natural or legal person accessing the Site, whether or not they are a Client.
Customer: means any user who purchases a Product through the Site and/or has a personal account on the Site.
Order: means the process of the Customer selecting the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered and the delivery options and has paid the amount due. Once finalized, the Order is taken over by the Seller who will proceed with the shipment of the ordered Products in accordance with the terms of these General Terms and Conditions.
Contract: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document that would conflict with the Contract, and which would therefore be unenforceable against GREENMATTER.
Parties: jointly designates GREENMATTER and the Users of the Site.
Product(s): means the product(s) available for sale on the Site.

ARTICLE 2 – PURPOSE OF THE GTC AND CURRENT VERSION

The purpose of these General Terms and Conditions is to define, worldwide, the conditions under which Users can access the Site, place Orders; and to manage the relations between GREENMATTER and Users, including all the rights and obligations arising therefrom.
They apply to the relationships between Users and between Users and GREENMATTER. All Users agree to comply with these General Terms and Conditions, without restriction or reservation, whether they visit the Site or place an Order. The General Terms and Conditions are notified to Users for acceptance prior to any Order on the Site.
GREENMATTER is free to modify these General Terms and Conditions at any time and without prior notice, in particular to take into account any legal, jurisprudential and/or technical developments. GREENMATTER will inform the User by any means, who must accept the new General Terms and Conditions. In any event, the fact that the User continues to use the Site after being informed of the modification of the General Terms and Conditions implies acceptance of the modifications to the latter by the User.
The version of the T&Cs that prevails is the latest version available on the Site.
The version applicable to an Order is that in force on the date the latter is placed.
Each new Order requires the Customer to accept the General Terms and Conditions, which the Customer acknowledges and accepts. If Users do not accept the General Terms and Conditions or any subsequent amendments, they must refrain from using the Site.
The User declares that he/she has obtained from CB INC, prior to his/her Order, all information on the Products and delivery terms. He/she declares that he/she is solely responsible for the choice of Products and their suitability for his/her needs.
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, the User must have the authorization of their legal representative to place an Order, which they expressly acknowledge and accept.
The Products are intended exclusively for sale to end consumers, whether natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.

ARTICLE 3 – PRODUCTS

The Products offered for sale by GREENMATTER are those listed on the Site, on the day the User consults the Site, within the limits of available stocks. In the event of unavailability of the Products, GREENMATTER undertakes to inform the Customer. GREENMATTER cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent.
The Products are described on the corresponding page within the Site and all their essential characteristics are mentioned. The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of GREENMATTER.

ARTICLE 4 – PRICE

The Price of the Products sold on the Site is indicated per item. The Prices of the Products are indicated in euros, all taxes included. The Prices applied to the Customer correspond to those displayed on the Site at the time of the Order. GREENMATTER reserves the right to modify the prices of the Products presented on the Site.
At the time of Validation of the Order, the total Price corresponds to the total amount of the cumulative Prices of the Products which are the subject of the Order to which is added the amount of the delivery costs; this amount is understood to be inclusive of all taxes.
The prices indicated respectively by Product therefore do not include delivery costs which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the Order and detailed, where applicable, in the summary before placing the Order. The total payment requested from the Customer corresponds to the total amount of the purchase of the Products, including these costs.

ARTICLE 5 – PROMOTIONAL CODES AND VOUCHERS

Promotional codes apply only to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by GREENMATTER. These codes are non-refundable upon exchange.
Vouchers sent by GREENMATTER are valid for 1 year on all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.

ARTICLE 6 – ORDER

The Customer, when browsing the Site, can add Products to their virtual shopping cart. They can also access the summary of their virtual shopping cart in order to confirm the Products they wish to order by pressing the "shopping cart" button and place their Order by pressing the "buy" or "confirm order" buttons. Registration on the Site and the creation of a personal space are not mandatory in order to place the Order.
When creating a personal space, the information allowing the Client to identify themselves, such as the username and password, are personal and confidential. This information may only be modified on the initiative of the Client or GREENMATTER, particularly in the event of a forgotten password. The Client is solely responsible for the use of their identification information.
He is required to keep them confidential. Any disclosure on his part may under no circumstances be held against GREENMATTER. Any Order placed using the Customer's username and password is deemed to have been placed by the latter. The Seller may under no circumstances be held liable for any damages caused by the disclosure of this personal and confidential data by the Customer and therefore the use of this data by a third party.
GREENMATTER cannot, under any circumstances, be held liable for any damage of any nature whatsoever, in particular due to the use of the subscribed services, whether it be damage to reputation, image, or loss of data which could occur due to the use of the services offered by GREENMATTER.
The Customer must always provide a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between them and GREENMATTER.
Finalizing the Order implies acceptance of the Prices of the Products sold as well as the payment terms indicated on the Site. GREENMATTER cannot be held responsible for errors in the information entered by the Customer, nor for their possible consequences in terms of delay or delivery error.
Contractual information is subject to confirmation at the latest at the time of validation of the Order by the Customer.
The Customer has the opportunity to check the information and details of their Order, its Total Price and to correct any errors before confirming their acceptance. This validation implies acceptance of all of these General Terms and Conditions and constitutes proof of the sales contract.
Once the Order has been placed, the Customer will receive confirmation by email. This confirmation will summarize the Order as well as relevant information regarding the delivery of the Order. GREENMATTER will send the Customer confirmation by email to the address provided when placing the Order.
GREENMATTER undertakes to honor validated Orders, within the limits of available stocks. In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The Customer will have the choice of being reimbursed for the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog). In any event, GREENMATTER cannot be held responsible for any loss suffered by the Customer, nor liable for any damages.
GREENMATTER may modify at any time the assortment of products offered for sale on the Site, without prejudice to Orders placed by the Customer.
Placing an Order constitutes the conclusion of a distance selling contract between GREENMATTER and the Customer. The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the Order by email and after the Seller has received payment in full of the price due.
GREENMATTER reserves the right to suspend, cancel or refuse any Order from a Customer, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Site or with whom there is a dispute relating to the payment of a previous Order.

ARTICLE 7 – PAYMENT

Payment by the Customer is made by credit card or Apple Pay. In the case of payment by credit card, the payment will be processed by "STRIPE", a specialized server.

The transaction is immediately debited from the Customer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment commitment given by means of a payment card is irrevocable. By providing their bank card information, the Customer authorizes the Seller to debit their bank card with the amount corresponding to the total amount of the purchase.
The Customer guarantees to GREENMATTER that he/she is fully authorized to use the payment method chosen for the payment of his/her Order and that this payment method legally provides access to sufficient funds to cover all costs resulting from his/her Order on the Site. GREENMATTER cannot be held responsible in the event of fraudulent use of the payment methods used.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller. In addition, GREENMATTER reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current Orders made by the Customer.

ARTICLE 8 – DELIVERIES

The Customer chooses one of the Delivery methods offered on the Site when placing the Order. The Products are delivered exclusively to the geographical areas freely determined by the Seller. Delivery times are between two (2) and ten (10) working days, depending on the Territory to which the delivery is to be made. These times are given for information purposes only.
The Customer must choose a valid Delivery address that must be located within the Territory, otherwise the Order will be refused. The Customer is solely responsible for any failure to deliver due to an error or lack of information when placing the Order. In any event, the amount of the Delivery Charges is indicated to the Customer before the Order is validated and may vary depending on the Territory chosen.
For any Order, the Products will be delivered to the address indicated by the Customer when placing the Order.
Delivery Times are available in these General Terms and Conditions and on the Site, on the "Deliveries and Returns" page. They are provided for information purposes only and may vary depending on the availability of the Products that were the subject of the Order. Delivery Times are always understood to be in working days and correspond to the average time taken to prepare and deliver the Order within the Territory.
Delivery Times run from the date of Confirmation of the Order by the Seller, acceptance of payment and verification of the data essential to the preparation and dispatch of the Order.
The Seller declines all responsibility in the event of a delay in delivery due to the carrier. The Customer must report this delay to the Seller as soon as possible by emailing: hello@thecare.fr

ARTICLE 9 – COMPLAINTS

The Customer is required to check the condition of the packaging and the Products upon Delivery. It is the Customer's responsibility to make any reservations and complaints they deem necessary, or even to refuse the package, if the package is clearly damaged upon Delivery.
The said reservations and complaints may be entered on the delivery sheet, co-signed by the delivery person and of which he keeps a copy; or be sent to the carrier by registered letter with acknowledgment of receipt within three (3) working days, not including public holidays, following the date of Delivery of the Products.
Failure to file a claim within the aforementioned time limit extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. Therefore, any claim relating to apparent damage upon delivery cannot be accepted.
By signing the delivery receipt without issuing specific reservations accompanied by the words “Refusal due to damage”, and by accepting the products, the customer acknowledges having received the goods without any apparent damage at the time of delivery.
The Customer must inform the Seller in the event of refusal of delivery or if he has submitted such an appeal to the carrier, by email addressed to: hello@thecare.fr

The Customer must ensure that the Products delivered to him correspond to the Order.
In the event of non-conformity of the Products in nature or quality with the specifications mentioned in the Delivery note, the Customer has a period of fourteen (14) days from delivery to formulate any reservations or complaints for non-conformity or apparent defect of the Products delivered.
He must inform the Seller by email addressed to: hello@thecare.fr , attaching the relevant supporting documents along with the order references.
After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale.
In certain cases, the Seller may request the return of the Product to the address below. The return costs will then be borne by the company.
GREENMATTER 2220 CHEMIN DE LA BLAQUE 13090 AIX-EN-PROVENCE 

ARTICLE 10 – CONSUMER’S RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in perfect condition in their original packaging, with their safety sticker intact (any product that is damaged, incomplete, damaged or whose packaging is deteriorated will not be taken back), within fourteen (14) days following communication of his decision to withdraw.
In particular, GREENMATTER will not refund products whose safety seal/packaging has been removed. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition.
The return of the Product is carried out at the Customer's risk and peril. If the package is lost, stolen or damaged during the product return, GREENMATTER reserves the right to refuse reimbursement for the returned product(s).
To exercise this right of withdrawal, the Customer has up to fourteen (14) days after receipt of his Order to inform the Seller of his decision to withdraw by email addressed to: hello@thecare.fr . The Customer must then return, at his expense, the Product(s) in its (their) original packaging, at the latest within fourteen (14) days following the communication of his decision to withdraw, to the address opposite. GREENMATTER 2220 CHEMIN DE LA BLAQUE 13090 AIX-EN-PROVENCE

When the period of fourteen (14) days expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. If the Products are not returned within the period of fourteen (14) days, the Order is deemed final and no refund will be made.
If the above-mentioned conditions are met, the Seller will reimburse the Customer for all sums paid by the Customer, as soon as possible and at the latest within fourteen (14) days following the date on which the Company was informed of the Customer's decision to withdraw.
The Company reserves the right to defer reimbursement until the earlier of these two dates: the date of recovery of the Product(s) or the date on which the Customer provides proof of shipment of the Products.
The initial delivery shipping costs are included, with the exception of return shipping costs, which remain the responsibility of the Customer. Proof of the effective exercise of the right of withdrawal is the responsibility of the Customer.

ARTICLE 11 – DISPUTES

All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies (mediateurduecommerce@fevad.com or by mail to the FEVAD E-commerce Mediator Service – 60 rue de la Boétie – 75008 Paris) or to any alternative dispute resolution method in the event of a dispute.
Furthermore, in accordance with Article 14 of Regulation (EU) No 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 traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

ARTICLE 12 – LIMITATION OF LIABILITY

GREENMATTER declines all liability for damages of any nature whatsoever, resulting in particular from the use of the Site or the Ordering of Products, in particular damage to the reputation and image of the Customer, or loss of data which could occur due to the use of the Site.
In the event that GREENMATTER's liability should be established and retained due to damage suffered by the Customer and exclusively by GREENMATTER, this liability is limited to the amount of the Order paid by the Customer to GREENMATTER.
The User acknowledges that their use of the Site is at their own risk. The Site is provided "as is" and is accessible without any guarantee of availability or regularity. GREENMATTER 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 GREENMATTER's control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or malicious acts or any damage to GREENMATTER's hardware or software.
GREENMATTER cannot be held liable under any circumstances for any interruption of all or part of the Site, regardless of the cause, duration or frequency of this interruption.
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, which may produce alterations in the User's computer systems cannot be excluded.
GREENMATTER offers no guarantee, either explicit or implicit, as to the operation of the Site, including any technical problems that may arise.
GREENMATTER reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access to them, temporarily or permanently.
GREENMATTER shall not be held liable for the obligations of these General Terms and Conditions of Sale in the event that the failure to perform its obligations is attributable to the actions of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of a force majeure event as defined by the French courts in Article 1218 of the Civil Code, or to any other event which was not reasonably under the exclusive control of GREENMATTER.
It is agreed that in the event that GREENMATTER's liability is called into question, regardless of the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as, for example, commercial disruption, loss of customers, etc., will not give rise to compensation for the benefit of the User.
The Customer undertakes to use the Products in strict compliance with the instructions for use provided by the suppliers (Brands) of its products. Therefore, GREENMATTER cannot be held responsible in the event of non-compliant use of the Products by the Customer or a third party.

ARTICLE 13 – LEGAL GUARANTEE

In accordance with the provisions of the Consumer Code, the Products sold on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee of hidden defects (articles 1641 et seq. of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
Guarantee against hidden defects.
In accordance with Articles 1641 et seq. of the Civil Code, GREENMATTER is bound by the warranty for hidden defects in the Products sold that render them unfit or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years of the discovery of the defect. Under the legal warranty for hidden defects, GREENMATTER, at the Customer's choice, undertakes, after assessment of the defect, either: to reimburse the Customer for the full price of the Product concerned; or to reimburse a portion of the price of the Product if the Customer decides to keep it.
Legal guarantee of conformity.
In accordance with Articles L.217-4 et seq. of the Consumer Code, GREENMATTER is required to deliver products that comply with each customer's Order, namely:
- Products corresponding to the descriptions given by GREENMATTER - Products presenting the qualities that the Customer can legitimately expect in view of the declarations of GREENMATTER.
The Customer may bring an action on the basis of a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed from the time of delivery.
As part of the legal guarantee of conformity, GREENMATTER, at the Customer's choice, undertakes, after assessment of the defect, either: to reimburse the price of the Product concerned; to exchange the Product for a Product that complies with the Order, if possible.

ARTICLE 14 – COMPLAINTS AND INFORMATION

Any complaints or requests for information relating to these T&Cs must be sent to Customer Service by email at: hello@thecare.fr .

ARTICLE 15 – PROOF

The User, the Client acknowledges the validity and probative force of the electronic exchanges and recordings kept by the Company and admits that these elements receive the same probative force as a handwritten document under Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies relating to electronic signatures.

ARTICLE 16 – MISCELLANEOUS PROVISIONS

Partial invalidity: if one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.
Non-waiver: the fact that one of the Parties does not assert against the other Party a breach of any of the obligations referred to in the T&Cs cannot be interpreted for the future as a waiver of the obligation in question.
Applicable law and jurisdiction: These General Terms and Conditions are governed by French law, unless otherwise provided. In the absence of an amicable solution and regardless of the origin of the dispute, disputes relating to the execution or interpretation of these General Terms and Conditions 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 during which an amicable solution is sought or mediation is requested.