GENERAL TERMS AND CONDITIONS
Applicable since 2024-08-25

 

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (referred to as T&C) apply, without restriction to all sales concluded by the Seller with non-professional buyers (“Customers”), wishing to acquire the products offered for sale (“Products”) by the Seller on the website www.thewitchhut.fr. The Products for sale on the website are natural cosmetic products and esoteric artisanal creations

The choice and purchase of a product are the only responsibility of the Customer. Product are for sale within the limit of available stocks, as specified when placing the order. These T&Cs are accessible at any time on the website www.thewitchhut.fr/generaltermsandconditions and will prevail over any other document.

The Customer declares having read these T&Cs and having accepted them by checking the box before concluding an online ordering procedure on the website www.thewitchhut.fr.

Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all the transactions concluded with the Customer.

The Seller’s contact details are as follows:

Ms. CHAVY Claire
33 rue du vieux four
59700 Marcq-en-Baroeul FRANCE
Registration number: 91396396300024
Email: contact@thewitchhut.fr
+33749870113
VAT number: FR79913963963

The Products presented on www.thewitchhut.fr are offered for sale for the following territories: European Union; Europe outside the EU; Worldwide.

For all the orders outside Metropolitan France, the Customer is the importer of the Products concerned. In that case, the price will be calculated excluding shipping insurance or shipping fees. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer. The Seller is not responsible for any longer shipping delays due to customs processing.

 

ARTICLE 2 – Prices

The Products are for sale at the current prices listed on the website www.thewitchhut.fr, when the order is registered by the Seller.

The prices including VAT. The prices take into account any reductions that may be granted by the Seller on the website www.thewitchhut.fr.

The Seller reserves the right to modify the prices at any time. The prices do not include processing, shipping, transport and delivery fees, which are invoiced in addition and calculated prior to placing the order.
The payment corresponds to the total amount of the purchase, including these costs. An invoice can be drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 – Orders

It is up to the Customer to select the Products that he wishes to order, according to the following terms:

The customer chooses a product to put in his shopping cart, a product that he can delete or modify before validating his order and accepting these general terms and conditions. He will then enter his contact details or connect to his customer account and choose the shipping method he is up to. After validation of all the informations, the order will require payment from the customer according to the terms provided.

Product are for sale as long as they are visible on the site, within the limit of available stocks. The transcation is considered valid after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any errors.

Any order placed on the website www.thewitchhut.fr constitutes the creation of a contract concluded between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer can follow the progression of his order on the website, in My Account section.

Any cancellation of the order by the Customer after its acceptance by the Seller is possible within two days after payment of the order and as long as delivery has not taken place (regardless of the provisions relating to the application or not the legal right of withdrawal).

 

ARTICLE 4 – Payment terms and conditions

The price is paid by secure payment, according to the following terms: payment by credit card, payment with Paypal or payment by bank transfer to the Seller’s bank account (the details of which are communicated to the Customer when placing the order)

The price is payable in full on the day the order is placed. The payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions.

Payments made by the Customer will only be considered valid after the Seller has actually collected the amounts due. The Seller will not be required to deliver the Products ordered by the Customer if he has not paid the full price of his order, under the conditions indicated above.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered in France or in the following area(s): European Union, Europe outside the EU, Worldwide.

National deliveries take place within 5 to 10 working days to the address indicated by the Customer when ordering on the site. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. Delivery costs are calculated according to the weight of the products and the carrier selected.

The Seller makes its best efforts to deliver the products ordered by the Customer within the time limits specified above.

The items are shipped with different carriers:
– Colissimo La Poste and International Colissimo: 2 to 14 working days
– Mondial Relay: 2 to 10 working days
– La Poste Tracking Letter: 2 to 14 working days

5.1 Lost packages
In case one package is lost, the Customer must send a claim to the Seller within 14 days of noticing the delivery problem.

The Seller will replace the lost products under the following conditions:
– If the tracking clearly indicates that the package is lost, in case of the Customer has paid for the shipping insurance
– If the tracking no longer indicates any data for at least 10 days
– If the Seller has made an error in the Customer’s address and the package is being returned to the Seller

The Seller will not be able to replace the products ordered by the Customer under the following conditions:
– If the delivery tracking indicates that the package is delivered, in case of the Customer has not paid for the shipping insurance
– If an incorrect or incomplete address is provided by the Customer and the package is delivered to another address. If the package is returned to the sender, the return costs will then be paid by the Customer.

5.2 Damaged packages
The Customer is required to check the condition of the delivered products. He has 14 days after the delivery to make complaints by e-mail to contact@thewitchhut.fr, with all supporting documents.

The Seller will replace the damaged product(s) under different conditions:
– If the product is damaged or unusable due to lack of protection or a packaging defect attributable to the Seller
– If the Product has a manufacturing defect in its composition, the bottle or the cap

After this period and in the absence of having checked these formalities, the Products will be considered free from any apparent defect and no complaint will be accepted by the Seller.

The Seller will refund or replace as soon as possible the delivered products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions. The transfer of the risks of loss and deterioration relating there will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk unless the Customer has chosen the carrier. As such, the risks are transferred to the Customer at the time the goods are handed over by the carrier.

5.3 Exchanges and returns
Exchanges and returns are possible for all non-perishable, unopened products whose use does not come into contact with the skin, within a legal period of 14 days after delivery and after having previously informed the Seller.

The Seller will exchange, subject to availability, the damaged product(s) under these conditions:

– If the product arrives damaged or unusable due to lack of protection or if the package is defectuous 
– If the Product has a manufacturing defect in its composition, the bottle or the cap

The shipping fees for exchanges and returns are the responsibility of the Customer, unless the unuse is the Seller’s fault. The Customer has a period of 14 days from delivery to make a return request by email to contact@thewitchhut.fr or via the contact form on www.thewitchhut.fr by exercising his right of withdrawal.

Exchanges and returns must be made in their original condition, complete and unopened (packaging, accessories, protective paper) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. If the Customer has any problem with his order, he can contact the Seller at contact@thewitchhut.fr to find a solution.

5.4 Refund Policy
The Customer is required to check the condition of the delivered products. He has a period of 14 days after the delivery to make complaints by e-mail to contact@thewitchhut.fr, with all kind of supporting documents.

The Seller will refund the product(s) under different conditions:
– If the Products are delivered damaged or unusable and are out of stock
The refund is made after fourteen days following the closure of the dispute between the Seller and the Customer, excluding any compensation or deduction.

The Seller shall not be held responsible in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check
– in case of the products have been opened, in contact with the skin or mucous membranes
– in case of improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer
– in case of normal degradation of the Product, accident or force majeure.

The pictures presented on the website are not contractual and shall not engage the Seller’s responsability.

 

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price, regardless of the delivery date of the Products.

 

ARTICLE 7 – Right of withdrawal

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the delivery of the first good.”

The right of withdrawal cannot be exercised on perishable goods and in contact with the skin or mucous membranes for reasons of hygiene. In addition to these special conditions, it can be exercised online, using the withdrawal form available on the websit, sent by email to the Seller indicated in ARTICLE 1 of the T&C.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

Return shipping fees are the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days from the delivery of the Products returned by the Customer.

 

ARTICLE 8 – Seller’s Liability 

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
• the safety guarantee according to the French Cosmetic Regulations
• the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use (relating to legal guarantees; Article L217-4 of the French Consumer Code)
  “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. (Article L217-5 of the French Consumer Code)

The good complies with the contract:
1° If it is suitable for the use expected of a similar good and, where applicable:
– if it corresponds to the description given by the Seller and has the qualities  presented to the Customer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.” (Article L217-12 of French Consumer Code)
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the good.” (Article 1641 of French Civil Code)

“The seller is responsible for hidden defects of one product which make it unfit for the use for it is intended, that the buyer would not have acquired it, or would have given a lower price, if he had known them.” (Article 1648 paragraph 1 of French Civil Code)

“The action resulting from latent defects must be brought by the purchaser within a period of two years after finding out the defect.” (Article L217-16 of  French Consumer Code)

In order to assert his rights, the Customer must inform the Seller of the non-conformity of the Products or the existence of hidden defects from the time he find them out. The Seller will refund, replace or exchange the Products under warranty. Refunds, replacements or exchanges of Products will be made no later than 14 days following after the Seller declares the lack of conformity. This refund may be made on the original payment method.

The Seller’s guarantee is limited to the exchange or the refund of the Products which are non-compliant or defectuous.

 

ARTICLE 9 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data
The personal data collected on the website www.thewitchhut.fr only concerns the order of Products: Names, First names, postal address, telephone number and e-mail address.

9.1 Payment
As part of the payment for the Products for sale on the website www.thewitchhut.fr, it records financial data relating to the bank account or credit card of the Customer. Personal data is reserved for the only use of the Seller and its employees.

9.2 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25th 2018, Regulation 2016/679 on the protection of personal data.

9.3 Limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.

9.4 Data retention period
The Seller will retain the collected data for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

9.5 Security and confidentiality
The Seller implements organizational, technical, software measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.6 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the site www.thewitchhut.fr have the following rights: They can update or delete the data concerning them in the following manner:

For any questions or concerns, the Customer can contact the Seller to contact@thewitchhut.fr.

The Customer can delete his account or right his access to his personal data by sending an email to contact@thewitchhut.fr. If the personal data held by the Seller is inaccurate, the Customer can request the update of the information or the delete of his personal data, in accordance with the applicable data protection laws. The Customer can also request the portability of his personal data to another service provider. Finally, he can make an objection about the use or process of his personal data by the Seller. 

The Data Controller must provide a response within a maximum of one month. The Customer may be asked to check a box to agree to receive advertising emails from the Seller. The Customer will always have the option to withdraw their consent at any time by contacting the Seller or by following the unsubscribe link.

 

ARTICLE 10 – Intellectual property

The content of the website www.thewitchhut.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

ARTICLE 11 – Applicable law – Language

These T&C are subject to French law. In the event that they are translated into another language, only the French text shall prevail in case of a dispute.

 

ARTICLE 12 – Disputes

For any complaints, please contact customer service at the Seller’s email address indicated in ARTICLE 1 of these T&C.

The Customer is informed that he may deal with conventional mediation or any alternative method of dispute resolution (conciliation, for example) in case of a dispute.

In case of mediation, the designated mediator is:
Consumer Mediator FEVAD
BP 20015 – 75362 PARIS CEDEX 8
https://www.mediateurfevad.fr/
E-mail: mediateurduecommerce@fevad.com

The Customer is also informed that he can also use the French Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes which have not been the subject of a settlement between the Seller and the Customer or by the mediatior, will be submitted to the competent courts under the conditions of common law.