General terms and conditions of sale 

We are pleased to welcome you to the website of the cosmetics brand Avril (hereinafter referred to as "the Site").

The Site and its operator Microcosme SAS are hereinafter referred to as "AVRIL".

For the purposes of these General Terms and Conditions of Sale, the Buyer and AVRIL are individually or collectively referred to as "the Party" or "the Parties".

The purpose of these General Terms and Conditions of Sale (hereinafter "GTCS") is, on the one hand, to inform any potential Purchaser of the terms and conditions under which AVRIL proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by AVRIL to the consumer (hereinafter "the Purchaser"). They apply, without restriction or reservation, to all sales of products offered by AVRIL on its Site.

Consequently, the fact that the Buyer orders a product offered for sale on the AVRIL Website implies full and complete acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing his/her Order.

AVRIL reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the Order shall be those accepted by the Buyer at the time the Order is placed.

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS" or "General Terms and Conditions of Sale") supplement the general terms and conditions of use of the Site, which are available at all times in the various sections of the Site and are applicable to the Buyer.

Name and capital: Microcosme SAS with variable capital

Address: 25 avenue Jean Perrin - 59910 Bondues - France

Siren : 538 712 217 RCS Lille

VAT NUMBER: FR69 538 712 217

Unique identifier: 512021: FR214512_01LXCM

The sale prices of products on the AVRIL Website, indicated in euros, are those in force at the time the Order is placed by the Buyer. The sale prices of products may be modified by AVRIL at any time. The Buyer will be informed of any such changes prior to placing an Order. Prices apply to distance selling.

These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the Buyer places the Order. The various shipping methods are set out below in the GTC and may be modified at any time by AVRIL. AVRIL therefore advises all Buyers to regularly consult the General Terms and Conditions of Sale posted on the Web Site.

Prices include the value added tax (VAT) applicable on the date of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by AVRIL on its Website.

The Buyer may select one or more products from the various categories offered on the AVRIL Website.

AVRIL may modify the range of products offered for sale on its Internet Site at any time, depending in particular on the constraints linked to its supply and its management of collections, without prejudice to Orders placed by the Buyer.

In accordance with article L. 111-1 of the French Consumer Code, the Buyer may, prior to placing an Order, take note, on the AVRIL Website, of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. AVRIL may not be held liable in the event of failure to comply with the legislation of the country to which the product is delivered. It is the Buyer's responsibility to check with the local authorities in the country where the products are delivered to ascertain whether it is possible to import or use the products and services he/she intends to order.

AVRIL cannot guarantee that the information on product packaging will be translated into all the languages of the European Union. However, this information is available at least in French.

For any questions relating to the products and their use, any additional questions or requests for advice, the Buyer may contact the Avril Customer Service Department by e-mail at [email protected] or by telephone on 03 20 70 81 78 (price of a local call from France), or on +33 3 20 70 81 78 from abroad, during the opening hours indicated in the Contact Us section of the AVRIL Website.

The offers presented by AVRIL are valid as long as they are announced on the Site and within the limit of available stocks.

In any event, and in the event of total or partial unavailability of products after the Order has been placed, the Buyer will be informed by e-mail as soon as possible of the unavailability of the product and of the total or partial cancellation of his/her Order.

In the event of total cancellation of the Order :

- The Purchaser's Order will be automatically cancelled and his/her bank account will be credited again.

- AVRIL's Customer Service will contact the Buyer to inform him/her of the cancellation of his/her Order and offer to renew his/her Order, with the exception of the unavailable product.

In the event of partial cancellation of the Order :

- The Buyer's Order shall be validated and his/her bank account shall be debited for the full amount of the Order,

- The Buyer will be delivered the available products,

- In application of the provisions of article L 121-20-3 of the French Consumer Code, the Buyer will be reimbursed for the price of the unavailable product ordered as soon as possible by AVRIL's bank.

Any Order implies acceptance of these General Terms and Conditions of Sale and of the Legal Notice, without prejudice to any specific contractual conditions agreed between the Parties.

The Buyer may check the details of his/her proposed Order and correct any errors.

Once the Buyer has confirmed his/her order by clicking on the "Confirm your payment" icon (hereinafter referred to as "the Order"), he/she shall be deemed to have knowingly accepted the content and conditions of the Order in question, and in particular these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this stage has been validated, the Buyer will no longer be able to cancel his/her Order.

Upon receipt of the Order, the Customer may exercise his/her right of withdrawal under the conditions set out in article 6 of these General Terms and Conditions of Sale.

The sale will be final at the time the Buyer places the Order. This Order will be confirmed by AVRIL by sending an e-mail to the Buyer (the "Order Confirmation e-mail").

In addition, AVRIL reserves the right to suspend or cancel the performance of any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any sum owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the AVRIL Website, including in relation to previous Orders.

A second e-mail will be sent to the Purchaser when his/her Order is dispatched.

AVRIL advises the Buyer to keep these two e-mails on paper or electronically. The Buyer is hereby informed that both e-mails will be sent to the e-mail address entered by the Buyer at the time of registration, prior to placing the Order.

AVRIL shall not be held liable in the event of an error being made when entering the e-mail address concerned, or in the event of the Order confirmation e-mail not being received. In this case, the sale will be considered definitive, except in the case of cancellation of the Order by AVRIL, notably due to the unavailability of products. The Buyer may nevertheless exercise his/her right of withdrawal under the conditions set out in Article 6 of these General Terms and Conditions of Sale.

The Buyer guarantees to AVRIL that he has the necessary authorizations to use the payment method he has chosen for his Order, when registering the Order.

The bank cards accepted on the AVRIL Website and at AVRIL Customer Service are the following: Carte Bleue, Visa, Mastercard. These payment cards must be issued by a banking or financial institution located in the European Union.

Payment can be made when ordering online by the Buyer.

The Buyer may also pay for their Order using one of the payment methods referred to above, with AVRIL Customer Service on 03 20 70 81 78 (price of a local call from France), or at + 33 3 20 70 81 78 from abroad, during the service opening hours indicated in the Contact Us section of the AVRIL Website.

All Orders are payable in euros, all taxes and compulsory contributions included. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).

Penalties of an amount equal to the legal interest rate may, at the discretion of AVRIL, be applied automatically to unpaid amounts after a period of ten days following the date of the Order or upon notification bank payment rejection.

In addition, AVRIL reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the AVRIL Website, including in connection with previous Orders.

In order to ensure the security of payment by bank card, the Buyer must send AVRIL the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.

In addition, AVRIL reserves the right to request a photocopy of the identity card and/or, where applicable, the bank card (front only) of the Buyer for any payment by bank card and/or any information relating to the identity of the Buyer. The Buyer has the right to access, rectify and delete personal data concerning him processed by AVRIL.

As part of the fight against Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by AVRIL for the sole purpose of verifying the Buyer's identity, the validity of the Order, the payment method used and the planned delivery.

AVRIL uses a secure payment tool, called “CM-CIC payment”. Payment security is based on the authentication of the Buyer, and on the confidentiality of all data. To ensure this security, “CM-CIC payment” uses proven cryptography techniques and complies with the various banking regulations applicable in France.

The products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address indicated by the Buyer as the delivery address on the Order concerned (“Delivery Address”).

The list of countries delivered is indicated on the Payment/Delivery page.

Purchase invoices are sent by email to the email address indicated by the Buyer when registering on the AVRIL Website.

- Colissimo delivery from La Poste

The package containing the products ordered and paid for is placed in the mailbox at the Delivery Address.

In the event that the mailbox is insufficient in size, the package is delivered to the home and given either to the Buyer or to the recipient of the Order, or, at the discretion of La Poste, to another person, in particular any person attached to his service, residing with him, specially mandated, provided with a power of attorney or even to an identified third party.

When the package could not be delivered for the reasons mentioned above (insufficient size of the mailbox and/or absence of the recipient), the Buyer or the recipient of the Order receives a delivery notice, allowing him to collect the parcel to the post office indicated in the delivery notice, for a period of 14 days.

After this period, the package is returned to the sender. In this case, the Buyer will be reimbursed the amount of the Order, delivery costs deducted, by any means, at AVRIL's choice.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) of La Poste being taken as proof.

-Delivery in green letter

The order sent by green letter is sent in a bubble envelope and will be placed in the Buyer's mailbox. The green letter does not include any tracking number and the traceability of this package cannot be ensured by Customer Service.

- Delivery to Mondial Relay Relay Point

The package containing the products ordered and paid for is dropped off at the Mondial Relay relay point chosen by the Buyer when placing the Order. The Buyer is then informed by e-mail (to the e-mail address indicated by the Buyer during the Order; thus, in the event of an error in entering the e-mail address concerned, or of non-receipt of the electronic Order confirmation message, the responsibilities of AVRIL and Mondial Relay cannot be engaged) by Mondial Relay that he can come and collect his package before a period of 14 days. A valid ID document of the Buyer must be presented for collection of the package.

After 14 days, the package is returned to the sender. In this case, the Buyer will be reimbursed the amount of the Order, delivery costs deducted, by any means, at AVRIL's choice.

No dispute relating to the collection of the package itself is possible if the package appears to have been collected, the computer system (flashing) of the relay point being taken as proof.

Please note that AVRIL reserves the right to change international carrier if it deems it necessary. It is understood that this choice of AVRIL will have no consequences for the Buyer.

- Delivery by La Poste (Belgium, Luxembourg, Netherlands, Germany, Switzerland, Great Britain, Italy, Spain)

Delivery terms by local postal services differ from country to country.

Generally speaking, upon delivery, a distribution slip or acknowledgment of receipt must be signed by the Buyer or the recipient of the Order.

This acknowledgment of receipt constitutes proof of delivery by AVRIL, and of receipt by the Buyer or the recipient of the Order, of the products ordered.

When the package cannot be delivered due to the absence of the Buyer or the recipient of the Order, the Buyer or the recipient of the Order generally receives a delivery notice, allowing him to collect the package from the office of post indicated in the delivery notice, for a period of 10 to 21 days. However, as delivery methods vary from one country to another, the Buyer is invited to regularly check the tracking of their package, via the link in the email informing the Buyer of the shipment of their Order, to obtain information relating to the delivery of your Order.

In the event that the package is not collected within 10 to 21 working days from receipt of the delivery notice (or failing the first delivery attempt by the local postal service), the package will be returned to AVRIL and the Buyer reimbursed, by any means chosen by AVRIL, for the amount of their Order, delivery costs deducted.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) of the local postal service being taken as proof.

- Delivery to Mondial Relay Relay Point (Belgium, Luxembourg, Spain)

The terms and conditions are the same as for mainland France (see point 5.2.1).

- Delivery by La Poste:

• Do not open the package. Please note: opening the package excludes any recourse against La Poste and AVRIL.

• Return the unopened package to the Post Office within five working days of delivery

• Establish a “spoliation report” with La Poste, or an anomaly report (the name varies depending on the country)

• Report the anomaly to AVRIL Customer Service:

- by email using the form provided in the Contact us section,

- by telephone at 03 20 70 81 78 (price of a local call from France), or at +33 3 20 70 81 78 from abroad,

• Notification of incidents and the formulation of reservations must be made within 3 working days.

- Delivery by Mondial Relay:

• Do not open the package. Please note: opening the package excludes any recourse against Mondial Relay and AVRIL.

• Leave the package at the relay point.

• Report the anomaly to AVRIL Customer Service:

- by email using the form provided in the Contact us section,

- by telephone at 03 20 70 81 78 (price of a local call from France), or at +33 3 20 70 81 78 from abroad.

The Buyer or recipient of the Order must report the absence or damage of the product to AVRIL Customer Service.

- by email using the form provided in the Contact us section,

- by telephone at 03 20 70 81 78 (price of a local call from France), or at +33 3 20 70 81 78 from abroad,

AVRIL Customer Service may request any information relating to the identity of the Buyer or recipient of the Order and carry out any useful verification on this occasion.

Delivery times to mainland France and Monaco are as follows:

- Colissimo de La Poste: 3 to 4 working days

- Mondial Relay Relay Point: 3 to 4 working days

For Corsica, delivery times are extended by 1 to 2 working days.

Delivery times begin when the Order confirmation email is sent.

In the event of exceeding these deadlines exceeding 7 working days and not due to a case of force majeure, the Buyer will have the option, within a maximum period of sixty working days from the exceeding of the maximum period indicated for the delivery of the products , to cancel your Order:

- by email using the form provided in the Contact us section,

- by telephone at 03 20 70 81 78 (price of a local call from France), or at +33 3 20 70 81 78 from abroad,

In the event that this investigation, the result of which will be authentic regarding the dispute concerned, reveals a fault exclusively attributable to AVRIL or the carrier, AVRIL will reimburse the totality of the sums paid by the Buyer and collected by AVRIL under of the Order in question, provided that the entire Order is returned by the Buyer to AVRIL. Reimbursement will be made as soon as possible and at the latest within fourteen days following the date on which the Buyer exercised his right to obtain cancellation of his Order.

Otherwise, if the Order is not returned in full or if the investigation does not reveal any fault exclusively attributable to AVRIL or the carrier, the Buyer will not be able to claim either reimbursement of the sums paid by him or a new delivery of the products ordered, unless he demonstrates, by any means, that he is not responsible.

In accordance with article L. 121-20 of the French Consumer Code, the Buyer has a period of 14 (fourteen) clear days from the day of receipt of the package containing the products ordered, to exercise his right to legal withdrawal.

However, keen to ensure the satisfaction of its Buyers and Order recipients, AVRIL accepts returns by post or by deposit at a Mondial Relay Relay Point for two (2) months from the date of receipt of the Order.

The Buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time and conditions for returning the products will be able to obtain a refund corresponding to the amount of the returned products.

In accordance with article L121-20 of the French Consumer Code, return costs will remain the responsibility of the Buyer except in the event of lack of conformity of the products delivered in relation to the Order (in this case these return costs will be the responsibility of AVRIL).

However, to make life easier for its Buyers, AVRIL will take care of all returns by post from mainland France including Corsica, during the period for exercising the right of withdrawal specified in article 6.1.

The right of withdrawal is exercised by the Buyer or by the recipient of the Order by returning the products concerned by post (mail/parcel, etc.) or by deposit at a Mondial Relay Relay Point, using the label sent by APRIL by email. The Buyer will only be able to exercise his right of withdrawal on the condition that he has neither used nor even tried the products. Returned products will only be accepted intact and in their original packaging.

The products must be accompanied by the Order number.

Returns of products returned after the 2-month withdrawal period will not be accepted.

The Buyer or recipient of the Order who wishes to exercise their right of withdrawal by returning a product by mail/parcel must send the parcel or mail to the following address:

Microcosme

Avril Returns service

25 avenue Jean Perrin

59910 Bondues

FRANCE

AVRIL does not accept parcels or letters sent postage collect.

AVRIL retains full ownership of the products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.

The AVRIL brand, as well as all figurative or non-figurative brands and all illustrations, images and logos and all content appearing on the Site (including but not limited to these General Conditions of Sale) are and will remain the exclusive property of 'AVRIL or the holder of the intellectual property rights concerned.

Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, or any other content of the Site for any reason and on any medium whatsoever, without the express, prior written consent of AVRIL or the holder of the intellectual property rights concerned is strictly prohibited. The same applies to all copyrights, designs and models, patents appearing and/or used on the Site.

AVRIL works to protect the personal information of its customers by ensuring a high level of security, but the Buyer also has a role to play in the protection of his personal data. In particular, the Buyer must maintain the security of his online transactions, for example by not communicating his identifier (email address of the Buyer) and/or his password to anyone and by regularly changing his password. As such, AVRIL cannot be responsible for the disclosure of information concerning the Buyer to any individual who has used his identifier (email address of the Buyer) and/or his password.

As such, the use of the identifier (email address of the Buyer) and/or the password of the Buyer will constitute proof of his identity, and payable, upon validation of the Order, of the sums corresponding. AVRIL cannot under any circumstances be held responsible for the fraudulent use of this information.

The provision of the bank card number and the final validation of the Order will constitute proof of acceptance of said Order and will constitute payment for the sums incurred by entering the products appearing on the Order. The computerized records kept in the computer systems of AVRIL and its partners will be considered as proof of communications, Orders and payments made between the Parties.

L'Acheteur, préalablement à sa Commande, déclare avoir la pleine capacité juridique, lui permettant de s'engager au titre des présentes Conditions Générales de Vente. AVRIL ne peut en aucun cas être tenu de vérifier la capacité juridique de ses visiteurs et des Acheteurs. En conséquence, si une personne ne disposant pas de la capacité juridique commandait des articles sur le Site Internet d’AVRIL, ses responsables légaux (parents, tuteurs, notamment) assumeraient l'entière responsabilité de cette Commande et devraient notamment en honorer le prix.

AVRIL's liability for the obligations of these General Conditions of Sale cannot be incurred in the event that the non-performance of its obligations is attributable to the actions of a third party, even if it is foreseeable, to the fault of the Buyer, or upon the occurrence of a force majeure event as defined by the French courts or any other event which was not reasonably under the exclusive control of AVRIL.

The information accessible on the Website is provided “AS IS” without warranty of any kind, whether implicit or explicit, concerning in particular integrity, accuracy, timeliness, non-infringement, availability , the reliability or completeness of the information, products, accessories or services appearing on the AVRIL Website or their suitability for the use that the Buyer plans to make of it. AVRIL cannot be held responsible for the items sold on its Website, particularly in the event of non-compliance with their instructions for use. AVRIL cannot be held liable for any damage caused to the Buyer or a third party resulting from this non-compliant use.

AVRIL DISCLAIMS ANY RESPONSIBILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED DURING THE USE OF THE INTERNET SITE. IN THE HYPOTHESIS WHERE AVRIL'S LIABILITY WOULD BE ESTABLISHED AND HELD BECAUSE OF DAMAGE SUFFERED BY THE BUYER AND attributable EXCLUSIVELY TO THE PLACEMENT OF AN ORDER, THIS IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER IN APRIL.

Any complaint filed by a user, including any Buyer, against AVRIL must be made within 6 months following the occurrence of the event, the subject of the complaint.

Hypertext links may refer to websites other than this one. AVRIL disclaims all liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.

AVRIL collects the personal data of the Buyer as well as, where applicable, that of the recipient of the Order. The Buyer is informed that this automated processing of information, in particular the management of users' electronic mail addresses, has been declared to the CNIL (declaration no. 1564952).

In accordance with the Data Protection Act of January 6, 1978, the customer has the right to access, modify, rectify and delete personal data concerning him.

Data encryption and backup

Our website is secured via the HTTPS protocol. This means that no data sent to our site passes without being encrypted. Your personal information is then stored on a secure server.

We do not record your banking details on our website. To make the payment, you are redirected to the secure site of our bank, Crédit Mutuel. Data is also encrypted on this site.

Use of data

The personal data you provide to us is only used to ship your order. However, it is possible that we contact you by email or telephone but only for the purposes of delivering your package. We do not record telephone conversations.

We will never communicate your personal data to third parties. By placing an order on our site, you nevertheless accept that your information (name/address/telephone/email) will be entered on the website of the carrier you have chosen in order to allow your package to be sent.

Deleting data

At any time, you can request to erase all of your personal data by contacting us via our contact form or by telephone.

Beyond 3 years without an order made on our site, your data will be automatically deleted, and the subscription to our newsletter, if you were subscribed to it, will be interrupted.

In the event of collection of personal data relating to a minor, the parental authority has the right to object to their retention and/or transmission to third parties.

AVRIL reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, AVRIL advises the Buyer, and in general any user, to reread the General Terms and Conditions and the Legal Notices of the Site regularly. The Order will be subject to the General Terms and Conditions in force at the time of the Order.

Si une ou plusieurs stipulations des présentes CGV sont tenues pour non valides ou déclarées comme telles en application d'une loi, d'un règlement ou à la suite d'une décision définitive d'une juridiction compétente, les autres stipulations garderont toute leur force et leur portée.

The fact that one of the Parties does not rely on the other Party for a breach of any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

Les ventes de produits par AVRIL sont soumises au droit français quel que soit le pays de résidence de l'Acheteur et le lieu de passation de la Commande. TOUT LITIGE RELATIF A L'EXISTENCE, L'INTERPRETATION, L'EXECUTION OU LA RUPTURE DU CONTRAT CONCLU ENTRE AVRIL ET L'ACHETEUR, MEME EN CAS DE PLURALITE DE DEFENDEURS, SERA, A DEFAUT D'ACCORD AMIABLE, DE LA COMPETENCE EXCLUSIVE DES TRIBUNAUX FRANÇAIS COMPETENTS EN APPLICATION DES REGLES EDICTEES PAR LE CODE DE PROCEDURE CIVILE FRANÇAIS.

The General Terms and Conditions apply for the entire duration of the online availability of the products offered by AVRIL until the end of the contractual and legal guarantee periods. In any event, the “Liability” clause will survive the termination of the General Terms and Conditions.

For any information, you can contact Customer Service

- by email using the form provided in the Contact us section,

- by telephone at 03 20 70 81 78 (price of a local call from France), or at +33 3 20 70 81 78 from abroad, during the opening hours of the service indicated in the Contact us section of AVRIL website.