Version in effect as of 01/05/2025
dixhectares.com is an e-commerce site (hereinafter the "Site") offering cosmetic products for sale (hereinafter the "Products").
These general terms and conditions of sale ("GTC") determine the terms and conditions under which any natural person of full age and legal capacity, having the status of consumer (hereinafter the "Customer"), acquires one or more Products on the Site from NHECTAR, a simplified joint-stock company with a capital of 1,000,000 euros, registered with the Paris Trade and Companies Register under number 910 244 201, whose registered office is located at 11 rue Tronchet, 75008 PARIS (hereinafter "TEN HECTARES").
1. Preamble
The General Terms and Conditions apply to any order of Products placed by the Customer on the Site (hereinafter the “Orders”).
Each Order is subject to the Customer’s full and unreserved acceptance of the General Terms and Conditions, by checking a box provided for this purpose. By checking the box to accept the Terms and Conditions in order to finalize an Order, the Customer acknowledges having read and fully understood the Terms and Conditions and agrees to comply with their content.
The Customer acknowledges that they have not relied on any statement or promise made or given by DIX HECTARES, which is not provided for herein.
DIX HECTARES reserves the right to modify the Terms and Conditions at any time, without prior notice. The Terms and Conditions applicable to the Order are those in effect on the Order date. The Terms and Conditions are directly accessible on the Website.
2. Placing an Order
2.1. Registration
Browsing the Site and ordering Products is not subject to mandatory prior registration.
2.2. Products Offered
The Customer may purchase one or more Products online from among the Products offered on the Site. The description of each Product is specified on the corresponding Product sheet.
The Products and their corresponding prices are valid as long as they are visible on the Site, while stocks last. If a Product is found to be missing after the Order has been placed, DIX HECTARES undertakes to notify the Customer as soon as possible. The latter will then have the option to modify or cancel their Order.
2.3. Order Process
The Customer selects the Product(s) they wish to purchase and clicks on "Add to Cart", specifying the desired quantity.
When they wish to order the chosen Product(s), they click on the "Cart" icon (hereinafter the "Cart"). The Product photos, name, unit price, quantity, total price of the selected Products, including delivery costs, and an approximate shipping date will then appear.
Products in the Cart may be deleted or modified at any time.
2.4. Finalizing the Order
Once the Customer has verified the contents of their Cart and wishes to place an Order, the Customer can log in to their online account on the Website, or enter their email address or mobile phone number, their delivery address, and choose the shipping method from those offered by DIX HECTARES (delivery costs are detailed for each shipping method offered). All of this information is required to ensure the Order is processed.
The Customer then has the option to click on "Proceed to Payment" to access a page where they can enter their payment information. The Customer also has access to a summary of the delivery and billing addresses, and is asked to specify if the addresses are different and, if so, to make the necessary changes.
The Customer may also or click on " Check order", allowing them to access the summary and total price of their Order.
It is the Customer's responsibility to check for any errors, after which they confirm that they have read and accepted the General Terms and Conditions of Sale by checking the box " I accept the terms of the General Terms and Conditions of Sale" and confirm their intention to proceed with the Order by clicking on the payment method they wish to use to pay for their Order and by proceeding with the online payment.
At any time, before proceeding with payment, the Customer has the option to return to the previous pages to correct any errors. errors.
Once the total price has been paid, an email acknowledging receipt of the Order will be sent to the Customer by DIX HECTARES. This email also provides a reminder of the payment terms for the Order.
The sale will only be considered final after DIX HECTARES has sent the Customer this confirmation email and the full price has been received.
The Customer may access their Order on the Website via their customer account. If the Customer has not created an account, they can access their order information via the page https://dixhectares.com/account/login
3. Financial Conditions
3.1. Product Prices
The price of each Product is displayed on the Site in the Product sheet, as well as under the photo of each Product. It is inclusive of all taxes and is indicated in the currency of the country where the Customer connects to the Site. Where applicable, the price includes customs fees, which are the sole responsibility of DIX HECTARES.
DIX HECTARES reserves the right to modify the price of the Products at any time, it being understood that, in any event, the price of the Product paid by the Customer will be the one in effect on the date of the Order. Applicable taxes are those in effect on the date of the Order. Delivery costs are included in the price, with the exception of express delivery where available.
3.2. Payment Terms
The Customer may pay for their Order by credit card.
If the payment cannot be debited, for any reason whatsoever, the Order will be automatically canceled.
4. Delivery
4.1. Delivery Time
The estimated delivery times for the Products are indicated in the Order confirmation email. It should be noted that these delivery times are for informational purposes only and do not constitute a liability for DIX HECTARES. No delay may give rise to compensation or a refusal by the Customer to take possession of the Products.
Any event likely to have a significant impact on the delivery of the Order will be brought to the attention of the Customer as soon as possible.
4.2. Delivery Methods
The Customer can choose between the following delivery methods:
- Delivery by cargo bike: Paris city centre
- Colissimo delivery: Metropolitan France, Germany, Belgium, the Netherlands, Luxembourg, the United Kingdom, Italy, Spain, Ireland, Portugal, Austria, Switzerland, Denmark, Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Sweden, Greece, Iceland, Finland, Norway, Croatia, Malta, Romania, Bulgaria, and the United States of America.
- DHL Express Delivery: Metropolitan France, Germany, Belgium, Netherlands, Luxembourg, United Kingdom, Italy, Spain, Ireland, Portugal, Austria, Switzerland, Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Sweden, Greece, Iceland, Finland, Norway, Croatia, Malta, Romania, Bulgaria, United States of America.
If applicable, the delivery price is specified when the Customer selects the delivery option during the Order process.
- 3. Delivery Location
Products are shipped to the delivery address provided by the Customer (home or collection point) and in accordance with the chosen delivery method. DIX HECTARES cannot be held responsible for the impossibility of delivering the Products in the event of incorrect information when the Customer enters their contact details.
The Products are deliverable to mainland France, Germany, Belgium, the Netherlands, Luxembourg, the United Kingdom, Italy, Spain, Ireland, Portugal, Austria, Switzerland, Denmark, Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Sweden, Greece, Iceland, Finland, Norway, Croatia, Malta, Romania, Bulgaria, and the United States of America.
4.4. Transfer of Risks
The risks of loss or damage to the Products are transferred to the Customer upon delivery of the Products concerned.
4.5. Defects and Claims
4.5.1. Apparent Defect in a Package
In the event of delivery to a collection point, upon collection of the package, if the Customer notices that the package containing the delivered Products is damaged or open, the Customer has the right to refuse the package and will notify the relevant partner of this refusal. The Customer will then inform DIX HECTARES as soon as possible and the Order will be refunded.
4.5.2. Apparent Product Defect
Upon opening the package, the Customer must immediately check the condition and conformity of the Products with the Order. In particular, the Customer must verify the quality and quantity of the Products, their references, their condition, and their characteristics.
In the event that the Customer notices a defect in the quality and/or conformity of the Products delivered, the Customer must send DIX HECTARES, in writing to the following email addressbonjour@dixhectares.com, and as soon as possible, a request for a refund or replacement of the Products. Any refund or replacement of the Products will only be effective after the Product has been returned to DIX HECTARES in its original condition (label, any accessories, etc.).
5. Right of Withdrawal
Customers have the right of withdrawal in accordance with the provisions of the French Consumer Code. They have a period of fourteen (14) calendar days to exercise their right, without having to provide a reason or incur any penalties.
The Customer shall bear the return shipping costs and shall choose the carrier to return the Product(s).
The Product(s) shall be returned in their original packaging or in packaging offering equivalent protection, in perfect condition, and ready to be resold. The right of withdrawal cannot be exercised for Products that have been opened after delivery, for reasons of hygiene and health protection.
The Customer may exercise their right of withdrawal by completing the form available at the end of the General Terms and Conditions. The Customer may also contact DIX HECTARES by email to exercise their right of withdrawal. Products must be sent to the following postal address: Marguerite - CAP 18 – 189 rue d’Aubervilliers – Voie C Porte 8 & 10 - 75018 Paris.
DIX HECTARES reserves the right to refuse any withdrawal request initiated after the deadline.
DIX HECTARES will refund the returned Product(s) as soon as possible and no later than fourteen (14) days from actual receipt of the Products. DIX HECTARES will refund using the same payment method the Customer used for the initial transaction.
6. Warranties
DIX HECTARES guarantees against Product conformity defects and hidden defects, under the conditions set out in Articles L 217-3 to L 217-8 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code, reproduced in part below.
Article L 217-3 of the Consumer Code: "The seller shall deliver goods that comply with the contract and the criteria set out to Article L. 217-5.
He is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of such delivery (…)
The seller is also liable, during the same periods, for defects of conformity resulting from the packaging, assembly instructions, or installation when this was the responsibility of the seller under the contract or was carried out under his responsibility, or when incorrect installation, carried out by the consumer as stipulated in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day the consumer becomes aware of the lack of conformity. »
Article L 217-4 of the Consumer Code: " The good is in conformity with the contract if it meets, in particular, the following criteria, where applicable:
1° It corresponds to the description, type, quantity, and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter ;
3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;
4° It is updated in accordance with the contract. »
Article L 217-5 of the French Consumer Code: " I.- In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; (…)
6°It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods and public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling (...) ”.
Article L 217-7 of the Consumer Code: “ Lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect.".
Article L 217-8 of the French Consumer Code: "In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection (...)""
Article 1641 of the French Civil Code: "The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that The buyer would not have purchased it, or would have paid a lower price for it, if he had known them." ".
Article 1648, paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."
When acting under the legal guarantee of conformity, the Customer:
- Benefits from a period of two (2) years from delivery of the Product to act (subject to the expiry date of the Products);
- Is exempt from providing proof of the existence of the lack of conformity of the Product for twenty-four (24) months following delivery of the Product.
The Customer may invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between canceling the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
7. Intellectual Property
All rights, titles, and interests in the intellectual property rights relating to the Products are and will remain the exclusive property of DIX HECTARES or third parties who have authorized DIX HECTARES to use them, of which the Customer is aware.
The General Terms and Conditions do not grant the Customer any rights, authorizations, or interests in the intellectual and industrial property rights relating to the Products, for any reason whatsoever.
Violation of the foregoing provisions would expose the offender and any person responsible to the criminal and civil penalties provided by law, including damages for infringement of intellectual property rights.
8. Personal Data
DIX HECTARES undertakes to comply with all regulations and legislation relating to confidentiality and the personal data collected, and in particular Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the "GDPR," and French Law No. 78-17 of January 6, 1978, as amended, known as the "Data Protection Act" (hereinafter collectively the "Regulations applicable to the protection of personal data").
Personal data is collected and processed by DIX HECTARES in compliance with its privacy policy.
9. Force Majeure
DIX HECTARES cannot be held liable for any failure to fulfill its contractual obligations as described in the General Terms and Conditions in the event of force majeure, as defined by French law and the case law of the courts and tribunals. Cases of force majeure suspend the performance of the obligations arising from the General Terms and Conditions for the duration of their existence. However, if the force majeure event lasts more than fifteen (15) days, the current Order may be canceled.
10. Miscellaneous Provisions
Subject to what is expressly provided for in the T&Cs, no modification or addition may be taken into account without a validly signed written agreement.
In the event that a competent court considers that a clause of the T&Cs is non-compliant with the law, said clause shall be declared null and void, without this affecting the validity and effects of the T&Cs.
The failure of either party to assert, at any given time, any of the provisions of the T&Cs shall not be construed in the future as a waiver of its rights hereunder.
11. Applicable Law — Disputes
Any Order placed under these Terms and Conditions is governed by French law.
The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or execution of the Terms and Conditions. Within the limits permitted by law, in the event of persistent disagreement, the dispute will be submitted to the competent courts.
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the Customer has, before initiating any dispute before the civil court, the right to refer the matter to a consumer mediator free of charge with a view to amicably resolving the dispute between them and DIX HECTARES.
The Customer may refer the matter to the following mediator:
The Consumer Mediation Center of Justice Conciliators (CM2C)
Address: 49 Rue de Ponthieu, 75008 Paris
Telephone: 01 89 47 00 14
Website: https://www.cm2c.net/
The referral to the mediator must be made within a maximum period of one (1) year from the date of the written complaint sent by registered letter with request for notice of reception at DIX HECTARES. Referrals can be made by regular mail or directly on the mediator's website according to the terms indicated on the following link:https://www.cm2c.net/
For all information on consumer mediation, the Customer is invited to click on the following link:https://www.economie.gouv.fr/mediation-conso.
CANCELATION FORM
To be sent by email to the following address: bonjour@dixhectares.com
I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:
_____________________________________________________________________________
Ordered on: _____________________________________________________________________________
Order number: _____________________________________________________________________________
Customer name: _____________________________________________________________________________
Customer address : ____________________________________________________________________________
_____________________________________________________________________________
Date:
Signature: