4.2. Delivery terms

Upon receipt of the ordered Products, the Buyer must check that they comply with the order.
Any anomaly concerning the delivery (missing or broken Product, damaged package, etc.) must be reported by the Buyer on the receipt presented by the carrier at the time of delivery and must be notified on the day of receipt or at the latest on the first working day following receipt to THOMSEN's customer service department by email to contact@thomsenbeauty.com. Any claim made after this period will be rejected and THOMSEN will be released from any liability.
In the event of an anomaly relating to the package or the Product(s), and after reporting it to THOMSEN within the aforementioned period, the Buyer must return it/them in its/their original packaging and condition, in accordance with the conditions set out in Article 5 "Right of withdrawal" below, within fourteen (14) days of receipt of the order. This return must be accompanied by a letter detailing the Buyer's references, the invoice number and date, the Product reference(s) and the reason for the request.
THOMSEN reserves the right to check the returned Product(s), examine the reason for the request and, consequently, decide whether or not to replace the Product(s) free of charge without any compensation being due. If the product ordered is unavailable, the Buyer will be informed of this unavailability. With the Buyer's prior agreement, a product of equivalent quality and price will be offered. If the Buyer does not agree, they may, where applicable, be reimbursed within thirty (30) days of payment of the sums they have paid. THOMSEN declines all responsibility in the event of non-delivery or delay in delivery due to force majeure, the actions of a third party, or a fault attributable to the consumer.

Article 5. Right of withdrawal

The Buyer has a period of fourteen (14) clear days to notify Thomsen Beauty of their intention to withdraw. This period begins on the day the order is received. To exercise this right of withdrawal, the Buyer must inform Thomsen Beauty of their decision to withdraw by mail within this period. The Buyer may use the withdrawal form available here.

Article 6. Mediation

The BUYER is informed of the possibility of resorting to consumer mediation for any disputes that may arise in connection with the sale of Thomsen products.

In accordance with the order of August 20, 2015, and the implementing decree of October 30, 2015, the PURCHASER may refer the matter to the CNPM – CNPM-MEDIATION-CONSOMMATION located at 27, Avenue de la Libération – 42400 SAINT CHAMOND, and represented herein by Ms. Jeanne BARRUEL, its President, to settle amicably through mediation any consumer dispute or litigation, subject to Article L612-2 of the Consumer Code.

Disputes may not be reviewed by the mediator if the request is manifestly unfounded or abusive, or has previously been examined or is currently being examined by another mediator or by a court, or if the BUYER has submitted their request to the mediator more than one year after their written complaint to Thomsen, or if the dispute does not fall within the mediator's jurisdiction, or, finally, if the consumer cannot prove that they have first attempted to resolve their dispute directly with Thomsen by means of a written complaint.

To submit their dispute to the mediator, the BUYER can fill out the form on the CNPM website.

Article 7. Legal Warranty

The Buyer benefits from the legal guarantee of conformity (Consumer Code, Art. L.211-4 et seq.) and from the guarantee against defects in the item sold (Civil Code, Art. 1641 et seq.).
The Buyer is informed that the guarantor of the conformity of the goods is THOMSEN.
In the event that the Buyer acts under the legal guarantee of conformity, independently of any commercial guarantee, they have a period of two years from the delivery of the goods to take action. The Buyer is exempt from providing proof of the existence of the non-conformity during the six-month period from the delivery of the Product(s). In the event of non-conformity, the Buyer may choose between replacement or refund of the Product(s), subject to the conditions set out in Article L.211-9 of the Consumer Code.
In the event that the Buyer acts under the legal warranty for defects in the item sold, they may choose between cancellation of the sale or a reduction in the sale price.

Article 8. Data protection

The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in the automatic rejection of the order. In accordance with the French Data Protection Act, the processing of personal information collected on the Website has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés).
Users have the right to access, modify, rectify, and delete data concerning them. To exercise this right, Users should send an email to THOMSEN customer service at contact@thomsenbeauty.com.

Article 9. Force majeure

Neither Party shall be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure. Events fulfilling the criteria established by case law shall be considered as force majeure.
The Party invoking an event constituting force majeure shall notify the other Party within five business days of the occurrence or threat of such event. The Parties agree that they shall consult with each other as soon as possible in order to determine together the terms and conditions for the performance of the order during the period of force majeure.

Article 10. Partial invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.

Article 11. Entire Agreement

These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of any contradiction between these documents, the general terms and conditions of sale shall prevail.

Article 12. Intellectual property

The website wwww.thomsenbeauty.com is an intellectual work protected by intellectual property law. Each of its components (such as trademarks, logos, photographs, images, illustrations, text, slogans, videos, etc.) are the exclusive property of THOMSEN, which is solely authorized to use the intellectual property rights and personality rights relating thereto.
Any reproduction and/or representation, in whole or in part, use, adaptation or modification of the Website or any of its components on any medium whatsoever, and in any form whatsoever, for other purposes, particularly commercial purposes, is expressly prohibited.

Article 13. Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 14. Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 15. Applicable law - Competent jurisdiction

Sales of THOMSEN products are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. Any dispute relating to the existence, interpretation, performance or breach of the contract between THOMSEN and the buyer, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the French courts in accordance with the rules laid down by the French Code of Civil Procedure.