1 – To Whom Do These T&C Apply?
1.1 These T&C determine the rights and obligations of the parties in the context of the online sale of products by the company 900, registered with the RCS of Paris under the number 852 949 148, 60 rue Amelot, 75011 Paris, France ("the Company").
1.2 Any order placed on our website implies the prior and unrestricted acceptance of these T&C. The customer, who confirms having understood and agreed to them unconditionally and without exception before placing an order, is fully bound by these terms.
1.3 The T&C apply to any order placed by an adult natural person acting as a consumer ("Customer"). The Customer thus attests that they are a natural person over 18 years old, acting for purposes outside their commercial, industrial, craft, liberal, or agricultural activity. They acknowledge having full capacity to commit when placing an order and undertake to provide truthful information about their identity, if necessary.
1.4 Exclusion: Individuals acting as professionals, i.e., natural or legal persons, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including if they act on behalf of another professional, are expressly excluded from the scope of these T&C. Professionals wishing to place an order with the Company are invited to contact us directly.
1.5 The T&C applicable to each order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These T&C can be consulted at any time on the 900 Company's website at the following address: https://900.care in a format allowing printing and/or saving, particularly in PDF format.
2 – How Is the Contract Concluded?
2.1 How to Place an Order?
To purchase one or more products on the site, the Customer selects each product (including the product container, with the option not to take one, and then the fragrance) and adds it to their cart. Then, the Customer chooses the desired subscription plan. Once their selection is complete, they must click the "Proceed to Checkout" button to confirm their cart.
Then the Customer reviews their order and corrects it if necessary. The Customer must then definitively confirm the order (2nd click).
It is the Customer's responsibility to carefully read the T&C before validating the entire order.
This validation of the order after checking the cart and reading the T&C constitutes the conclusion of the contract, and the Customer acknowledges that the second mouse click results in an obligation to pay on their part.
The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed with the payment of their order.
After validating their order and making the payment, the Customer receives a confirmation message from the Company at the email address they provided to create their account. This message contains:
a summary of their order (selected product(s) and subscription(s), prices, terms, and delivery costs);
precise identification of the Company and its activity;
the order number;
If the Customer does not receive the order confirmation, it is recommended to contact the Company via the contact form on the site or the email address email@example.com.
If needed, an invoice will be issued by 900.care and sent to the Customer upon their request.
It is strongly advised for the Customer to keep this confirmation message as it can be used as evidence of the contract.
2.2 In What Cases Can the Company Refuse Order Validation?
The Company reserves the right to refuse your order for any legitimate reason, including but not limited to:
Order not in compliance with the T&C;
Non-payment of a previous order or an ongoing dispute concerning a previous order;
Suspected fraud on the order (supported by a combination of concordant evidence).
3 – What Are Our Products and Offered Subscription Plans?
3.1 What Are the Specifications of the Products?
The essential characteristics of the products and their respective prices are made available to the Customer on the Company's website https://900.care, along with information on product usage.
The specifications are presented in detail. The parties agree that illustrations, videos, or photos of products offered for sale are presented for illustrative purposes. The validity period of product offers and their prices is specified on the Company's website.
2 - Product Availability
2.1 Product offers are valid within the limits of available stocks at our logistics center. This product availability is normally indicated on the specific Product page.
In the event a product becomes unavailable after the Customer's order is validated, the Company will immediately inform them by email. The order will be automatically canceled, and the Company will refund the price of the initially ordered product, as well as any amount paid for the order.
However, if the order contains other products than the one that became unavailable, those will be delivered to the Customer, and the shipping costs will not be refunded. Our delivery times range from 5 to 10 business days for Europe. In case of product unavailability on a recurring order, the company reserves the right to postpone the next delivery as well as the payment.
3.3 - Types of Subscriptions
The Customer subscribes to a subscription to receive product refills on a regular basis. The frequency can then be modified from the customer area.
Each subscription is entered into without a commitment period; it can be canceled at any time by the Customer in the "My Account" section of the Company's website. If an order is in progress, it can be canceled without charges if no payment has been made yet.
The Customer can modify the terms of their subscription themselves, without charges, and at any time by visiting the "My Account" section on the Company's website. Regarding ongoing orders, they can be canceled without charges if no payment has been made yet.
4 - Product and Subscription Prices
The prices of products and subscriptions to receive product refills are indicated on the product description pages.
They are inclusive of all taxes (VAT and any other applicable taxes), excluding shipping costs.
Shipping costs will be indicated in the Customer's cart before the final confirmation of the order.
The Company reserves the right to modify product prices at any time, in accordance with applicable legislation.
The products ordered will be invoiced based on the price in effect on the website at the time of order confirmation
5 - Payment Process
The entire payment must be made at the time of ordering. At no time will the amounts paid be considered as down payments or installments. The Customer pays for their order by credit card (Visa, Eurocard/Mastercard) or through a payment service provider (Paypal).
For any transaction, the Customer will provide the number on the front of their card, the expiration date, and the cryptogram on the back of their credit card (last three digits).
The Customer's communication of their credit card number constitutes authorization for the Company to debit their account for the amount of their order.
The Company retains ownership of the item until the full payment of the price by the Customer.
Regarding subscription payments, the Customer is automatically debited before the shipment of refill products, i.e., 3 business days before the order preparation, unless the Customer cancels the subscription before this deadline, in their customer account.
6 - Delivery Process
6.1 Shipping Costs
The Company delivers its products worldwide under the following conditions:
free delivery for trial kits and recurring orders over 35euros in the following countries: Croatia, Czechia, Denmark, Estonia, Finland, Metropolitan France, Hungary, Latvia, Lithuania, Norway, Poland, Slovakia, Slovenia, Sweden, Belgium, Switzerland, Luxembourg, Austria, Germany, Ireland, Italy, Netherlands, Portugal, Spain, United Kingdom, Romania!
For recurring orders under €35, a delivery charge of €4.99 applies.
Shipping costs of €15 for other countries.
6.2 Delivery Times
For metropolitan France, you will receive your products between 7 and 10 business days after placing the order.
The delivery times indicated on the website are indicative, corresponding to the average processing and delivery times.
For these deadlines to be respected, the Customer must ensure that accurate and complete information regarding the delivery address (such as street number, building, staircase, access codes, names and/or intercom numbers, etc.) has been provided.
It is the Customer's responsibility to carefully verify the provided delivery information, as they remain solely responsible in the event of delivery failure due to incomplete or inaccurate information.
In case of delivery difficulties, the Company will contact the Customer promptly to find an appropriate solution.
6.3 How to Track My Package?
Most orders do not have a tracking number. In case of delivery delay, please feel free to write to us at firstname.lastname@example.org.
6.4 What If I Never Received My Order?
Haven't received your order and you're starting to smell awful?
Go to your account in "My Orders" to track your products. If your package appears as delivered, feel free to send us an email at email@example.com!
6.5 How Does Product Reception Work?
Upon receiving the product(s), the Customer agrees to verify that the product(s) are complete and undamaged.
In the event of an anomaly, the Customer agrees to notify the carrier and the Company, by any means, of all reservations within 3 business days following the receipt of the product(s). Any claim filed outside this period cannot be processed.
The Company cannot be held responsible for consequences due to a delay in delivery that is not its fault.
7 - Can I Cancel My Order?
7.1 What Is the Withdrawal Period?
The customer can unsubscribe at any time, either from their customer account or by a simple written request to firstname.lastname@example.org.
Regarding paid orders placed either through the 900.care website or generated automatically as part of a subscription, the customer has the right to withdraw, without giving any reason, within a period of fourteen (14) calendar days from the date of receipt of their order. Such a request must be made by email to the Company's Customer Service, reachable at the email address email@example.com, using, for example, the standard form presented in Article 7.3 below.
In the case of an order for multiple products delivered separately, the aforementioned withdrawal period runs from the receipt of the last product
In the case of an order for a subscription involving the regular delivery of products over a defined period, the aforementioned withdrawal period runs from the receipt of the first product.
In the event of exercising the right of withdrawal, the Customer must return the concerned Product(s) to the following address with a copy of the withdrawal request made by email:
60 rue Amelot
Within fourteen (14) days after informing the Company by email (at firstname.lastname@example.org) of their decision to withdraw. Upon receipt of the Product(s), the Company will refund the Customer the price of the purchased Product(s), including delivery costs, within 14 business days; the return costs of the purchased Product(s) will be borne by the Customer.
In this context, it is possible to return the products independently of the container and vice versa, if they have not been depreciated by the Customer (product use, breakage, etc.). The Company will reimburse you for the amount of what you send back.
7.2 In Which Cases Can I Not Withdraw?
This right of withdrawal cannot be exercised for the following contracts:
"1°Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
5°Supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
6°Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7.3 How Can I Exercise My Right of Withdrawal?
The Customer must inform the Company of their intention to withdraw (by email to email@example.com) either by completing the standard form, a model of which is included below, or by sending a clear and unambiguous declaration expressing their intention to withdraw within the aforementioned 14-day period.
Standard-form withdrawal form to be sent by email to firstname.lastname@example.org:
To the attention of the Company 900
I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Date of order and receipt:
Tracking number of the withdrawal request:
Products must be returned at the customer's expense to the following address:
900.care, 60 rue Amelot, 75011 Paris
The customer has a period of 14 days from the date of sending the withdrawal notification to return the product(s) to the Company in their original packaging, with the return costs being the exclusive responsibility of the customer.
The products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to allow resale by the Company. In the case of receiving opened, used, incomplete, damaged, or soiled products, the Company will not proceed with any refund and may even, if deemed necessary, hold the customer liable for depreciation of the product(s).
The refund will be made using the same payment method as used by the customer to pay for the order, unless the customer expressly agrees to another payment method.
8 – What Guarantees Are Offered on Our Products?
8.1 You Benefit From the Legal Guarantee of Conformity
The Company is responsible for defects in the conformity of the product existing at the time of delivery.
In this regard, the customer:
has a period of 2 years from the delivery of the product to take action;
in the event of a lack of conformity, the customer chooses between repairing and replacing the item.
However, the Company may not proceed according to the customer's choice if this choice results in a cost manifestly disproportionate to the other option, given the value of the product or the importance of the defect. The Company is then obliged to proceed, unless impossible, according to the option not chosen by the customer.
8.2 You Benefit From the Legal Warranty Against Hidden Defects
You also benefit from a legal warranty against hidden defects in the item sold.
These are hidden defects in the item sold that make it unfit for the use for which it is intended or that so diminish this use that you would not have acquired it or would have paid a lower price if you had known about them.
This action must be taken within 2 years from the discovery of the defect.
Reproduction of the main applicable texts
L.217-4 Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or carried out under his responsibility.
L.217-5 Consumer Code
The goods conform to the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
L.217-9 Consumer Code
In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
L.217-12 Consumer Code
The action resulting from a lack of conformity is barred after two years from delivery of the goods.
1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
1648 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...]
9 – What Are the Intellectual Property Rights of the Company?
The trademarks, designs, domain names, products, software, images, videos, texts, or generally any information subject to intellectual property rights on the website are and remain the exclusive property of the Company or their original owner. No assignment of intellectual property rights is made to the customer through these T&C.
10 – What Are the Intellectual Property Rights of the Company?
In the event of force majeure, the party concerned must inform the other within fifteen (15) days from the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly considered as force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals, are total or partial strikes, riots, boycotts, or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, weather conditions, epidemic, blockade of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockage, including wired or radio telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contract
All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.
If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
11 – What Is the Customer's Liability?
The Company cannot be held responsible in any case for losses or damages due to inappropriate use of the product(s) by the customer, including unauthorized modification or alteration of the product(s) by the Company.
12 – In Which Cases Can Your Customer Account Be Suspended or Closed?
The Company reserves the right to suspend or close the account of a customer who would violate the provisions of the T&C or, in general, the applicable legal provisions, without prejudice to any damages that the Company may seek.
Anyone whose account has been suspended or closed will not be able to order later or create a new account on the site without the prior authorization of the Company.
13 – How Do We Keep Our Contract?
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
During each order, the order summary is sent by email to the customer.
The archiving of communications between the Company and the customer is carried out on computerized records that are kept for the entire duration of the commercial relationship and the duration of the applicable legal prescription, under reasonable security conditions.
These records, on which the exchanges are recorded on a reliable and durable medium, are considered as evidence of communications, orders, payments, and transactions between the customer and the Company. They can be produced as evidence of the contract. The archiving of communications, the order, order details, as well as invoices, is done on a reliable and durable medium to constitute a faithful and durable copy. This information can be produced as evidence of the contract.
The customer will have access to the archived elements, including the applicable T&C, in the "My Account" section of the website!
14 – Can the T&C Be Modified?
If any provision of these T&C is declared null or unenforceable by a competent court, it will be deemed unwritten, but will not result in the nullity of all other contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these T&C, whatever the frequency and duration, cannot be considered a modification of the T&C, nor generate any right for the customer.
15 – What to Do in Case of Dispute?
The T&C are subject to French law. In case of any difficulty, Customer Service is at your disposal to find an amicable solution.
This Customer Service can be reached through the "Contact" section of the Company's website.
In the absence of a solution found directly with Customer Service, the customer can contact the consumer mediator for amicable resolution.
The customer is also informed that the European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the link: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable settlement, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or third-party proceedings.
Version of 29/11/2023.