General Terms & Conditions
These conditions of sale are concluded by the company BCR with a capital of €10,000, whose headquarters is located in Pont-Croix, 10 bis rue Marcel Pellay 29790, registered in the Register of Commerce and Companies of Quimper, under number 809 419 161 hereinafter referred to as "BCR", which manages the website edulis, edulis-cosmetics. com and, by any person or entity wishing to make a purchase via the website edulis, edulis-cosmetics.com, hereinafter referred to as "Buyer".
Article 1. Objetive
These conditions of sale are intended to define the contractual relationship between BCR and the buyer and the conditions applicable to any purchase made through the website edulis, edulis-cosmetics.com. The acquisition of a product through this site implies acceptance without reservation by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site edulis, edulis-cosmetics.com is not directly related to his or her professional activity and is limited to strictly personal usage, and on the other hand to having the full legal capacity to commit to these general conditions of sale.
BCR retains the option to modify these conditions of sale at any time, in order to respect any new regulation or improve the use of its site. Therefore, the applicable conditions will be those in force at the time of ordering by the buyer.
Article 2. Products
The products on offer are those which appear on the site edulis, edulis-cosmetics.com belonging to BCR, within the limit of stocks available. BCR reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, main ingredients). The photographs are as accurate as possible but do not commit the Seller. The sale of products presented in the site edulis, edulis-cosmetics.com is intended for all buyers residing in countries that fully authorize the entry into their territory of these products.
Article 3. Orders
An order is considered to have been placed on the site and the general conditions of sale accepted as soon as the buyer has validated his or her payment. The data recorded by us and the secure payment provider constitute proof of the nature, content and date of the order.
The sale will only be considered final after we have sent the buyer the order confirmation and received full payment. We recommend that the buyer keep an electronic copy of the information contained in the order confirmation sent by BCR. We reserve the right to cancel any order from a buyer with whom there has been a previous payment dispute or for any other legitimate reason, including the abnormal nature of an order, without any compensation being provided by us.
BCR products sold on the site are not intended for resale or distribution. We reserve the right to cancel orders and/or suspend accounts if we believe that products have been ordered in violation of this provision.
Article 4. Pricing
The prices of the products are in Euros and all taxes are included, except for the processing and shipping costs, for this we offer a flat rate which varies according to the buyer's choices.
The products remain the property of BCR until full payment is received.
All promotional offers are valid as published on the website.
Article 5. Payment
Order payments are made online via the website by means of a debit or credit card (Visa and Mastercard). Any refunds will be made using the same means of payment that the buyer used for the initial payment of the order. In case of purchase of one or more products on the site via a payment card, the buyer will indicate, directly in the fields provided for this purpose, the following elements: the number of the card, its validity date, as well as the code located on the back of the card. The total amount of the order will be debited from the credit card on the day of the order.
We reserve the right to suspend any order processing and delivery in case of non-payment or refusal of authorization of payment by credit card from the officially accredited organizations usually found on the Internet.
We reserve the right to refuse to honor an order from a buyer who has not paid all or part of a previous order or with whom there is a payment dispute.
We will not be held responsible for any misuse or fraudulent use of any means of payment that has not been detected by the verification process. In using a certain payment method, the buyer guarantees that he has the necessary authorizations to use the method of payment chosen for his order.
Any fraudulent of credit card use will not be eligible for a refund from us.
Article 6. Payment security
We will take all reasonable precautions, insofar as it is in our power, to secure your order and payment details, but in the absence of negligence on our part, we cannot be held responsible for any loss you may suffer if a third party obtains unauthorized access to data you have provided when accessing or ordering from the Website.
Article 7. Shipping & delivery
Delivery is limited to France, Europe and the USA.
BCR undertakes to prepare the order within 24 hours to 2 working days. It will be delivered within an average of 3 to 5 working days depending on the delivery method chosen by the buyer, and in any case within a maximum of 30 days from the day after the order.
During vacation periods, sales, social movements or bad weather, the preparation and shipment of the order may be extended, but may in no case exceed a maximum period of 30 days from the day after the order is placed by the buyer.
In the event of incorrect or missing information in the delivery address and identity of the buyer, we will not be held responsible for the delivery.
If the buyer does not pick up an order at a delivery point (Colissimo Relais Colis) within 5 days, it will be returned to Gemmalog / edulis - 1 rue de l'Artisanat - 49130 Sainte Gemmes Sur Loire. Upon receipt, BCR will reimburse the amount of the products of the order subject to quality control.
It is specified that in case of the unavailability of the delivery point initially chosen by the buyer, especially during the summer vacations or peak periods, alternative delivery methods will be offered.BCR does not ship partial orders. If an item ordered is backordered, the entire order will be held until all items in the order are available for shipment.
If an item ordered is backordered for an extended period of time, BCR may (at its sole discretion) cancel the backordered item from the order and ship all other available items. In such circumstances, BCR will refund any monies paid for the items not shipped.
Upon receipt of the order, the buyer is required to:Present all reservations and claims to the carrier or refuse to accept the package if it is likely to have been opened or damaged; AND report these incidents to the Consumer Service; firstname.lastname@example.org
Otherwise, the order is considered to have been delivered in good condition and BCR will be released from any liability.
Article 8. Returns policy
Products are not exchangeable. If the buyer changes his mind, he or she must return the product. The original will then be refunded. The buyer will have to place a new order on the website to acquire a new product.
In accordance with the provisions of articles L.221-18 and following the French Consumer Code, the buyer has a withdrawal period of fourteen (14) clear days from the delivery of his order to return the product(s) delivered. If the fourteen (14) day period expires on a Saturday, Sunday or bank holiday, it is extended until the next business day.
The full amount of the sums paid will be reimbursed within 14 days at the latest, starting from the date of exercise of the right of withdrawal.
If the amount of the buyer's initial order allowed him/her to obtain a benefit (free delivery, gifts, etc.), the returned products will be reimbursed as soon as possible, subject to the restitution of the benefits.
If the total amount of the returned items brings the amount of the initial order below the threshold that gave access to free shipping, the shipping costs will be deducted from the refund amount.
Contact our Consumer Service team for any refund requests: email@example.com
We reserve the right to waive the buyer's right of withdrawal for products returned unsealed, for health and safety reasons. To cancel a product, please contact us at firstname.lastname@example.org.
Article 9. Responsibility
BCR cannot be held responsible for indirect damages that may result from the purchase of products.
BCR cannot be held responsible for the non-fulfillment of orders in the case of stock shortages or unavailability of products, due to a case of force majeure as defined by case law and the French courts. Similarly, BCR cannot be held responsible for the obligations of these general conditions of sale in case of damage resulting from the use of the Internet, such as viruses, hacking, loss of data or a failure of Internet service.
If you are a European buyer outside France, we guarantee that our products comply with French regulations and the European cosmetic products directive, we can not, however, guarantee full compliance with the specific laws of each European country.
Article 10. Data processing & freedom of information
The information collected by BCR when the buyer places an order is required to process the order by BCR. BCR undertakes to preserve the confidentiality of all personal data transmitted by the buyer.
In accordance with the Data Protection Act No. 78-17 of January 6, 1978 as amended and the General Data Protection Regulation No. 2016/679 dated April 27, 2016, the buyer has a right of access, rectification, opposition, deletion subject to legitimate reasons, portability of data concerning him, as well as a right to "digital death". The buyer is at full liberty to exercise these rights.
BCR may send promotional offers by mail or e-mail, including newsletters, subject to the prior consent of the buyer during the registration process.
Article 11. Intellectual property
The site is an intellectual property protected by the Law on Intellectual Property. The elements of the site (such as brands, logos, photographs, images, illustrations, texts, slogans, videos, etc.) are the exclusive property of BCR.
No right of use can be granted concerning the intellectual property rights appearing on the site. We reserve the right to take legal action for any violation of these intellectual property rights.
The reproduction of all documents published on the site is authorized only for the exclusive purpose of information for a strictly personal and private use. Any reproduction and/or total or partial representation, use, adaptation or modification of the site or any of its elements on any medium whatsoever, and in any form whatsoever, for any other purpose and in particular for professional purposes, are expressly prohibited.Any reproduction and/or representation of the site or any of its components must be expressly authorized by BCR. Any unauthorized use constitutes an offense punishable by law.
Article 12. Disputes
In the absence of a response from the Consumer Service team to a written complaint from the buyer within a reasonable timeframe, or in the absence of an amicable agreement relating to a dispute arising between the parties, the buyer may freely request mediation under the conditions below.
In accordance with the ordinance n°2015-1033 of August 20, 2015 and the application decree n°2015-1382 of October 30, 2015, the buyer may refer to the Mediation Center approved by the CECMC (commission for the evaluation and control of consumer mediation), to amicably settle by mediation any conflict or dispute known as consumer, subject to Article L612-2 of the Consumer Code.
The mediator will not examine the disputes in which the request is obviously unfounded or abusive, or has been previously examined or is being examined by another mediator or by a court, or if the buyer has submitted his request to the mediator more than one year after the filing of a written complaint to BCR, or if the dispute does not fall within the scope of the mediator's competence, or if the consumer is unable to prove that he or she has previously attempted to resolve the dispute directly with BCR by means of a written complaint in accordance with the terms and conditions, if any, set out in these General Conditions.
Article 13. Applicable law & jurisdiction
These general terms and conditions of sale, as well as the sale of products, are subject to French law. In the absence of mediation, any dispute relating to the interpretation, performance or breach of contract between BCR and the buyer will be subject to the exclusive jurisdiction of the French courts.
US terms of service
This website is operated by BCR - edulis. Throughout the site, the terms “we”, “us” and “our” refer to BCR - edulis. BCR - edulis offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1. Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2. General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3. Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4. Modification to the services and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5. Products or services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the products that appear at the store.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7. Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8. Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10. Personal information
Section 11. Errors, accuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13. Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BCR - edulis, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14. Indemnification
You agree to indemnify, defend and hold harmless BCR - edulis and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17. Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18. Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
Section 19. Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.