General terms and conditions for puressentiel.com
The website accessible at the following URL https://uk.puressentiel.com/ or at any other URL extension (hereinafter, the “Website”) is an ecommerce website where users can purchase products made by the PURESSENTIEL UK Ltd company, a private limited liability company (Company number: 08979881) and whose headquarters are located at The York House 221 Pentonville Road 6th Floor London N1 9JY UK (hereinafter “PURESSENTIEL”). PURESSENTIEL’s contact information is the following: firstname.lastname@example.org ; +44 (0) 20 3488 8111.
Buyer: refers to any person and consumer, who has placed an order on the Website, and whose order was accepted by PURESSENTIEL;
GT&Cs: refers to these General Terms and Conditions;
Order(s): refers to the distance sales agreement entered into when the Buyer confirms his/her order by clicking on the “PAY” icon;
Order confirmation: refers to the confirmation of the order given to the buyer by any appropriate mean;
Consumer: refers to any individual who is a potential buyer, not acting as a professional, who may purchase products on the Website for his/her personal use;
Distance sales agreement: refers to any agreement entered into between a professional and a consumer, within the framework of an organized distance sale or service offering system, without the individual and the professional being in the same location at the same time, for which one or several distant communication method(s) was used until the agreement was concluded;
Right to withdraw: refers to the right for any consumer to rescind his/her decision to purchase and place the Order, as outlined in Article 6;
Party(ies): refers to the parties to this agreement;
Product(s): refers to the product(s) developed, manufactured, and sold by PURESSENTIEL and available for sale on the Website;
VAT: refers to the Value Added Tax; Territory: refers to the United Kingdom (without Jersey and Guernsey).
ARTICLE 1– SCOPE OF THESE GT&C
ARTICLE 2 – PRODUCTS, PRECAUTIONS FOR USE, AND INFORMATION ON ESSENTIAL OILS
Buyers on the Website are invited to follow the precautions for use indicated on all PURESSENTIEL Products. The precautions for use are written on the packaging of each Product. The Buyer should read these precautions for use before using any Product available for sale and should respect them every time he/she uses them. PURESSENTIEL may not be held liable for any damage of any kind (material, immaterial, or bodily), which may stem from an inappropriate use of the Products available for sale. The Buyer may, before ordering, read about the important characteristic of the Products, the precautions for use, and the recommendations for use of each Product on the Website.
If the Buyer wants to obtain qualified advice on the Products, PURESSENTIEL’s Customer Service is available via phone at +44 (0) 20 3488 8111, via email at email@example.com, and on our website at the following URL: https://uk.puressentiel.com/pages/contact-us : Monday through Friday, from 9am to noon, and from 2pm to 5:30pm.
PURESSENTIEL will do its best to answer every Product related question within 72 (seventy-two) business hours, if the question was asked during opening hours and has to do with the Products. The response time will depend on the point people (especially the pharmacists) that the customer service might have to reach out to for an answer. For questions on the quality and vigilance of the Products, PURESSENTIEL will do its best to circle back with the Buyer within 48 (forty-eight) business hours. The Buyer understands and acknowledges that essential oils are, in their compositions, very potent concentrated versions of natural ingredients (like plants, bark, etc.). It is therefore strongly advised that the Buyer follows closely the recommended use for each product, and respects the recommendations of a healthcare professional. The information available on the Website are drawn from reference work on essential oils and aromatherapy, but they cannot replace a doctor’s opinion. It is therefore expressly stated that PURESSENTIEL does not encourage auto medication. The Buyer cannot put forth an inability to access important information to justify an inability to properly assess his/her Order’s precautions for use.
ARTICLE 3 – PRICE OF THE PRODUCTS
The prices displayed on the Website are guaranteed when placing the Order, and within the limits of available stock. The prices are expressed in Pounds, and valid throughout the Territory. They include any potential discount and the French VAT, at the rate applicable on the day of the Order. Any changes in the VAT rate will be automatically applied to the prices of the Products sold by PURESSENTIEL on its Website. Shipping fees are not included in the prices displayed on the Website, and shall be paid in addition to the Products’ prices. They will be billed, unless they are free of charge, depending on the total amount of the Order and on the type of shipping chosen by the Buyer, in compliance with the following scale:
- Standard COLISSIMO Home Delivery in 7 (seven) days: £15 (fixteen pounds). It should be noted that any potential rebate offered by way of discount voucher or special offer are only valid for (i) one order per Household, (ii) over a set period of time, and (iii) cannot be combined with other types of rebates.
Additionally, these promotional offers may appear within a Newsletter, on the Website’s homepage or on other dedicated pages, and on Social Media. The Buyer understands that some promotional offers (discount code or offers for new users) are only valid for first time Buyers, so he/she may not take advantage of these types of offers if he/she purchased Products on the Website in the past. PURESSENTIEL may change the prices, the shipping rates, and the promotions on its Products at any time, and these modifications will appear on the Order Confirmation once the Order is expressly confirmed by the Buyer.
ARTICLE 4 – ORDERS
4.2 To place an Order on the Website, the User must follow the steps outlined below: The Buyer selects Products and adds them to his/her cart; Once he/she has selected all the Products, the Buyer validates the cart; The Buyer logs in, creates an account if he/she wishes to do so, or he/she may place an Order without creating an account (in this case he/she shall provide an email address); The Buyer chooses the type of delivery; The Buyer enters his/her personal information (last name, first name, billing and shipping address, city, postal code, phone number), which will be processed in compliance with Article 6 and 11; The Buyer places his/her request for a secure payment; The Buyer then receives an Order confirmation email from PURESSENTIEL; The Buyer receives an email from PURESSENTIEL informing him/her that the Order is on its way. Depending on the shipping method and the needs, the carrier may contact the Buyer.
4.3 Before placing the Order, the Buyer may check the detail of his/her planned Order and correct any potential mistake. The Distance Sales Agreement is entered into as soon as the Order is placed, which is when the Buyer confirms the Order by clicking on the “Pay” icon, thereby materializing the step of mutual consent. During this step, the Buyer expressly agrees to the content and conditions of the Order, and especially to the (i) GT&Cs, (ii) to the fact that ordering makes him/her liable for payment, (iii) to the prices, volumes, characteristics, quantities, and delivery times of the Products available for sale and ordered by the Buyer. Once this step is confirmed, the Buyer may no longer cancel the Order. The sale will be definitive, unless the Buyer uses his/her Right to Withdraw, in compliance with the conditions outlined in Article 6. The Buyer will receive the Order Confirmation via email, along with the corresponding bill if relevant; the bill will also be accessible in the Buyer’s client interface on the Website. Then, an email will be sent to the Buyer when his/her Order is shipped, at the email address provided when the Order was placed, or when the account was created. The sale will be final when the Order is confirmed, and when the appropriate banking institution provides the payment confirmation. The Order confirmation email means PURESSENTIEL has accepted the Buyer’s Order and a Distance Sales Agreement is thereby created between the Parties. PURESSENTIEL will later send a shipping confirmation email to the Buyer when the Order is shipped, to inform him/her of the shipping procedure, and may send a link to let him/her monitor the progress of the delivery. If the Buyer has any question, he can reach out to Customer Service. Finally, the Buyer will receive the PURESSENTIEL Products he/she ordered via mail, at the address he/she gave when placing the Order.
4.4 PURESSENTIEL has the right to cancel any Order placed by a Buyer with whom it has an existing payment dispute, or for any other legitimate reason, especially if the Order is non-compliant or abnormal. If this is the case, PURESSENTIEL will inform the Buyer. To protect PURESSENTIEL from abusive practices, and if PURESSENTIEL or the online payment service provider suspects the Order to be fraudulent, they may ask the Buyer (before the Order is processed) to produce additional paperwork (such as a proof of address and/or of debit in the Buyer’s name, a photocopy of the Buyer’s proof of identification, or a photocopy of the Buyer’s credit card) to ensure the Order is not fraudulent. If the payment is refused or if the card is expired, PURESSENTIEL will call upon its online payment service provider, which means it directly handles the transactions. Promotional offers are valid within the conditions outlined on the Website and at Article 2 of these GT&Cs, and only so long as stocks are available. In any case, and if the Products are totally or partially unavailable after the Order is placed, the Buyer shall be informed of the unavailability of the Products and of the cancellation of his/her Order via email, as soon as possible. If the Order is cancelled: The Buyer’s Order will be automatically cancelled, and his/her bank account will not be charged if the Order was just recently placed. If the Buyer was already charged and the logistics manager has already prepared the Order, the Buyer will have to tell the logistics manager (whose contact details are mentioned at Article 7), Customer Service will then reach out to the Buyer to tell him/her the amount was reimbursed. In the event of a stock shortage, PURESSENTIEL’s Customer Service will get in touch with the Buyer as soon as possible to tell him/her that his/her Order was cancelled, and to ask him/her if he/she would like to be reimbursed or have PURESSENTIEL send the relevant Product(s) when it/they become available.
ARTICLE 5 – PAYMENT
The Buyer commits to paying the total amount for all the products ordered on the Website, and acknowledges that he/she has the appropriate authorizations to use the payment method used to pay the Order, when the Order is placed.
5.1 Payment Method
5.1.1 Bank cards
The following bank cards may be used on the Website: Carte Bleue, Visa, and Master Card. These cards must have been delivered by a banking or financial institution located within the European Union.
The Buyer may use his PayPal account to pay for his/her Order on the Website.
5.2 Payment Terms
The total amount of the Order must be paid on the Website as soon as the Order is placed. The Buyer is liable for any potential banking fee (including in the event of a reimbursement). PURESSENTIEL may put the execution of the Order and/or its delivery on hold or cancel it, regardless of its nature or level of implementation, if the Order was not paid or if any sum due by the Buyer was left unpaid, if there was a payment incident, or if there was a fraud or fraud attempt when using the PURESSENTIEL website, including for past orders. PURESSENTIEL may put any Order and any delivery on hold for non-payment or if the payment was refused by the officially accredited and habitual organizations operating payments on the Internet. Once the payment is processed, and the Order is confirmed, the Buyer will receive an email with the corresponding bill. He/she may also download said bill on his/her client interface.
5.3 Security of Transactions
Banking transactions carried out by the Buyer on the Website are secured by the payment solution service provider’s payment system. During the payment, the Buyer is sent to the payment solution service provider’s secure server. All the information exchanged to make the payment are encrypted using the service provider’s SSL protocol. The service provider has informed PURESSENTIEL that the data may not be detected, intercepted, or used by third parties. To ensure the safety of bank card payments on the Website, the Buyer must share the security code (CVV) at the back of the card he/she uses for the transaction with PURESSENTIEL. The payment is also controlled using the 3D-Secure technology on the Website, depending on the transaction, granted every transaction is protected using this safety method. 3D-SECURE is a security payment protocol used on the Internet to ensure the card used for payment was actually used by its owner, thereby avoiding identity theft and bank fraud.
ARTICLE 6 - DELIVERIES - TYPE OF DELIVERY AND LOST PARCEL
The Products ordered by the Buyer in compliance with these GT&Cs will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order (“Delivery Address”). Delivery is only and exclusively available on the Territory. PURESSENTIEL informs the Buyer that, depending on the type of delivery chosen, the following rates apply:
6.1. Express DPD PREDICT
Home Delivery in 72 (seventy-two) business hours. For express deliveries, the shipping fees will be £8 (eight pounds). The carrier will be DPD PREDICT. The Order will be considered to be delivered once the package is in the hands of the Buyer, as identified on the transport document. The Buyer who picks up the package at the DPD delivery agency himself/herself must prove his/her identity. If a third party who does not appear on the transport document picks up the package, he/she must imperatively present a mandate, the Buyer’s proof of identification, along with his/her own proof of identification. The delivery will be effective as soon as the Buyer, or a duly authorized third party, signs the transport documents. If the Buyer is absent, a calling card outlining all the necessary information to pick up the parcel will be left at the Buyers home. The parcel will be kept for 10 (ten) business days by the delivery agency identified on the calling card before being returned to PURESSENTIEL. If the address is incorrect or the parcel is refused, DPD undertakes to notify the Buyer, who shall give new delivery instructions as soon as possible. The delivery agency designated to the Buyer will keep the parcel for five (5) business days before it is returned to PURESSENTIEL. In the event of any hinderance to the delivery, and depending on the reason for the lack of delivery, the parcel will be delivered back to the DPD agency of delivery. The parcel will be re-delivered the following day, or at another date indicated by DPD, PURESSENTIEL, or the Buyer. If after postponing the shipping of the parcel, DPD is unable to obtain the proper delivery instructions from the Buyer, DPD may carry out any appropriate action and/or procedure. Shipping operations that took place after a failed delivery will be billed separately to the Buyer. Express DPD Predict delivery is free for any order amount above £100 (one hundred pounds).
6.2. Standard COLISSIMO
Delivery (with signature) in 7 (seven) business days For standard deliveries, the shipping fees will be of £6 (six pounds). The carrier will be COLISSIMO. The parcel will be delivered in the mailbox of the address indicated by the Buyer, or given to the Buyer by any other means decided by the Buyer and COLISSIMO. COLISSIMO may decide to deliver the parcel to any other person present at the delivery address. If it does not do so, or if the parcel cannot be dropped into the mailbox, COLISSIMO may deliver the parcel to a neighbor, doorman, or building caretaker who agrees to receive the delivery. The contact details of this person will be given to the Buyer via a note placed in his/her mailbox at the address given by the Buyer. For these parcels, no signature is collected, or required. Standard COLISSIMO delivery is free for any order amount above £45 (fifty five pounds).
ARTICLE 7 – RIGHT TO WITHDRAW
For the Products and services marketed on the Site, the Buyer may, within fourteen (14) days following the delivery of his/her Product(s), exercise his/her right of withdrawal by notifying it in accordance with Article 7.2 hereof.
In accordance with legal and regulatory provisions, and for health and safety reasons, no right of withdrawal may be exercised in the following cases
The Product is a consumable Product that has been opened and/or used (lotion, gel, essential oils, vegetable oils, etc.); The Product and/or its packaging has/have been damaged, rendering it/them unfit for re-marketing.
In compliance with directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, and article L221-18 of the French Consumer’s Code (Code de la Consommation), the Buyer has the right to withdraw his Order within 14 (fourteen) calendar days, starting on the day he/she or a third party received the Product(s). To take advantage of this right, the Buyer may send back, at his/her own cost, the Products ordered, to obtain reimbursement, without having to justify his/her decision. However, he/she will have to comply with the following conditions. According to article L221-28 of the French Consumer’s Code, and to directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, and for sanitary and safety reasons, the right to withdraw may not be exercised in the following cases: The Product is a consumable product that was opened and/or used (cream, lotion, gel, etc.); The Product and/or its packaging was damaged, making it unfit for sale. If the total amount of the original Order gave the Buyer an advantage (free delivery, gift, etc.), reimbursement is dependent on these advantages being returned.
ARTICLE 8 – RETURNS
In compliance with the Right to Withdraw outlined in Article 6 “Right to Withdraw” of these GT&Cs, the Buyer has a right to withdraw and can return Products to Puressentiel, as long as he/she complies with directive 2011/83/UE of 25 October 2011 on consumer rights. For Products that have been unsealed and/or used, considering that the right to withdraw does not apply to these Products, PURESSENTIEL has the right not to reimburse the return, and will demand the Buyer returns all payments (including the Buyer’s shipping fees) if PURESSENTIEL already proceeded to the reimbursement of all the sums paid by the Buyer. To ease return management and speed up processes, PURESSENTIEL strongly advises the Buyer to follow the instructions on the Website, and to include the downloadable return form with the parcel. This form can be obtained from a simple request to Customer Service, by sending an email to firstname.lastname@example.org. The address on the parcel should be the following: DIMOTRANS – Retours Puressentiel Chemin du bois des Aies 69390 PUSIGNAN FRANCE If the Buyer exercises his/her right to withdraw, and if all the above-mentioned conditions are respected, PURESSENTIEL shall reimburse the sums paid by the Buyer (after subtracting the rebates granted, or applicable offers), without fees, with the exception of the return fees, within 7 (seven) days of receiving the return parcel. Reimbursement will be done via the same payment method as the one used for paying the Order.
ARTICLE 9 – RESPONSIBILITY
9.1 Legal capacity to place an Order
Before placing an Order, the Buyer acknowledges that he/she has full legal capacity, allowing him/her to agree to these GT&Cs. PURESSENTIEL may, under no circumstances, be asked to check the legal capacity of the Website users or Buyers. Consequently, if a person who does not have legal capacity orders Products on the PURESSENTIEL Website, his/her legal guardian (parent or official guardian) shall be solely responsible for this Order, and he/she shall specifically be responsible for the payment thereof.
PURESSENTIEL shall not be held responsible, in application of these GT&Cs, of any breach that is attributable to a third party even if it was predictable, caused by a wrongdoing on the part of the Buyer, or due to a force majeure event as defined by French jurisdictions, or any other event that was outside PURESSENTIEL’s exclusive control. All the information displayed on the Website is provided “AS IS” with no guarantee of any kind, whether implicit or explicit. PURESSENTIEL especially does not guarantee the information, Products, accessories, or services displayed on the Website to be whole, exact, up to date, not counterfeit, available, reliable, or exhaustive, nor does it guarantee that the Product will be adequate for the Buyer’s projected use. PURESSENTIEL shall not be held liable for any direct or indirect prejudice, whether it is foreseeable or not, stemming from the use of the Website. If PURESSENTIEL’s responsibility is established and/or found for a prejudice suffered by the Buyer and attributable exclusively to placing the Order, this responsibility shall be limited to the amount of the Order paid by the Buyer to PURESSENTIEL. More generally speaking, PURESSENTIEL may, under no circumstance whatsoever, be held liable for any breach from the part of the carrier service. Similarly, PURESSENTIEL, in application of the obligations outlined in these GT&Cs, may not be held responsible for any prejudice resulting from the use of the Internet, like any virus, intrusion, data loss, or malfunctioning of the Internet network. Any claim formulated by a user, including any Buyer or Consumer, against PURESSENTIEL, must be filed within 6 (six) months of the beginning of the event motivating the claim.
ARTICLE 10 - FORCE MAJEURE
The occurrence of a force majeure event, as defined by the French law and case law shall suspend, in whole or in part, the Parties’ obligations. The Party suffering the force majeure event commits to informing the other Party as soon as possible of the event happening, and when the event ends. PURESSENTIEL may not be held liable for any delay in the delivery caused by strikes, postal delays, or any other event that is out of its control, or any other force majeure event.
ARTICLE 11 – PROTECTION AND PROCESSING OF PERSONAL DATA
ARTICLE 12 – INTELLECTUAL PROPERTY
PURESSENTIEL is the sole and exclusive owner of the Website. The Website and all of its content, including texts, images or animations, databases, programs, etc., are protected by copyright. PURESSENTIEL is the owner and/or holds the rights to using all of the rights pertaining to the logos, brands, distinctive features, texts, illustrations, photographs, images, and videos, along with all the databases and software used to operate the Website. Any copy, whether in part or in whole, modification or use of these brands, illustrations, images, and logos, or any other content on the Website, for any reason whatsoever, and on any media whatsoever, without the explicit, written agreement of PURESSENTIEL or the owner of the intellectual property rights beforehand, is strictly forbidden. The same goes for any copyright, drawings or designs, and patents displayed and/or used on the Website.
ARTICLE 13 - MEDIATION
In application of the dispositions of the French Consumer Code on “the mediation process for consumption related disputes”, we inform the Buyer that he/she may call upon third party mediation for any dispute arising from the purchase of a PURESSENTIEL Product. The Buyer may call upon a mediator only after reaching out to Customer Service, and if he/she did not obtain a satisfactory answer to his/her claim within 60 (sixty) days. A “one-stop-shop” created by the European Commission, for consumers and professionals is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. It lets private citizens and professionals solve disputes arising from online transactions using extra-judicial means. If you have any questions on the resolution of a potential dispute, please reach out to our Customer Service at +44 (0) 20 3488 8111 or via email at https://uk.puressentiel.com/pages/contact-us.
ARTICLE 14 – SEVERABILITY
If any of the clauses in these GT&Cs is declared null or void, in any way and for any reason whatsoever, the Parties commit to confer on the way to mediate the cause of nullity, so that, unless it is impossible, the GT&Cs continue to be applied without any discontinuity. If one clause in these GT&Cs is declared null, the rest of the GT&Cs will continue to be valid.
ARTICLE 15 – TOLERANCE – renunciation
The fact for either of the Parties to fail to strictly enforce one of its rights arising from these GT&Cs may not be construed as them relinquishing any clause in this document, or as cancelling this right. Additionally, no renunciation to benefit from any of the clauses in these GT&Cs or any of the rights arising from these GT&Cs will have any effect, unless it is done in writing, and signed by the renouncing Party. Furthermore, foregoing any right or provision in these GT&Cs for specific circumstances shall not be construed as the Party foregoing the application of said right or provision at a later time.
ARTICLE 16 – AMENDING THE GT&C
PURESSENTIEL has the right to amend and update the GT&Cs at any time and without prior notice, at its own discretion. The provisions of these GT&Cs shall continue to apply to the Orders and sales that took place prior to the amendment, and the modified GT&Cs will apply to all Orders placed after the entry into force of the amended GT&Cs. To stay informed of these potential amendments, PURESSENTIEL recommends that Buyers read the GT&Cs every time they place an Order on the Website. Every time the Buyer places an Order, he/she agrees to the GT&Cs, knowing that the Order is subject to the GT&Cs applicable on the day of the Order.
ARTICLE 17 - DISPUTES
These GT&Cs are governed by French law, regardless of the Buyer’s country of residence and/or of where the Order was placed. PURESSENTIEL may not be held responsible of a prejudice of any kind (material, immaterial, or bodily) arising from the improper use of the Products available for sale. The Buyer is hereby informed that he/she may, in the event of a dispute, seek a resolution via traditional mediation, or any other alternative dispute resolution method (see Article 12 – Mediation). If the Parties are unable to find an amicable resolution, any dispute regarding the existence, interpretation, execution, or breach of the agreement concluded between PURESSENTIEL and the Buyer, even if there are more than one defendant, shall be referred to the competent French court in compliance with the rules outlined in the French civil procedure court, which shall have exclusive jurisdiction.
Crédits photos : Copyright© Puressentiel Copyright© Thierry Legay Copyright© Antoine KRALIK Copyright© Jean-Claude FRANCOLON Copyrights© Xavier FRANCOLON Copyright © Thinkstock, Inc. Copyright © A. Haevermans Illustrations: Copyright© Thierry DELETRAZ
[Last updated on January 22nd, 2021]