Terms of sale
The products presented on the On The Wild Side website accessible at “www.onthewildsidecosmetics.com” (hereinafter, the “Site”) are sold directly by CREDO, a French simplified joint-stock company (société par actions simplifiée) with share capital of €7,000, whose registered office is located at 6 rue Poitevin, 33000 BORDEAUX, registered with the BORDEAUX Trade and Companies Register under number 842 016 123 (hereinafter, “On The Wild Side”).
These General Terms and Conditions of Sale govern every visit to and every order placed on the Site by a consumer, that is, any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, liberal professional, or agricultural activity within the meaning of the preliminary article of the French Consumer Code (hereinafter, “You”). If You are not a “consumer,” we invite you to refrain from entering into commercial transactions on the Site and to contact us at hello@onthewildsidecosmetics.com in order to obtain the terms applicable to your situation.
You must be at least 18 years of age and have legal capacity, or hold parental authorization, allowing you to place an order on the Site. On The Wild Side reserves the right not to process orders from any person who is not a “consumer.”
The General Terms and Conditions of Sale in force are those accessible on the date the order is validated. They may be amended at any time, in particular to take account of any legislative changes. The new general terms and conditions of sale will apply from their date of publication on the Site.
If you disagree with any of the terms set out in these General Terms and Conditions of Sale, On The Wild Side invites You not to validate your order form. By validating your order form, you confirm that you have read and accept these General Terms and Conditions of Sale without reservation.
Article 1: Products and Prices
1.1. On The Wild Side offers a range of products that may change at any time at the sole discretion of On The Wild Side (hereinafter, the “Products”).
1.2. Our product offers are valid for as long as they are online and are offered while stocks last.
1.3. The photographs and texts appearing on the Site that illustrate the Products presented are not contractually binding and may have been retouched.
1.4. The characteristics of each Product are detailed on the Site.
1.5. The prices of our Products are stated in Euros, inclusive of all taxes, excluding delivery charges.
1.6. The Products offered comply with the French legislation in force. For orders to a country other than metropolitan France, You are the importer of the product(s) concerned. Customs duties, local taxes, import duties, or state taxes may be required and will remain at your expense. They are your sole responsibility, both in terms of declaration and of payment to the competent authorities and bodies of your country. We advise you to inquire about these matters with the local authorities.
1.7. The Site reserves the right to modify prices at any time. The applicable prices are those in force at the time You validate Your order.
Article 2: Ordering Process
2.1 In order to validate your order, You must follow the steps below:
Step 1: Go to the Site and review the Products and their characteristics
Step 2: The Products you have selected are placed in your cart in the quantity requested
Step 3: Create your online account by filling in the form and following the instructions. Each time you place a new order, it is Your responsibility to check and, if necessary, update the personal data in your account.
Step 4: You must check the contents of your cart and the quantity of Products ordered, and correct or modify them where necessary. Before validating the cart, review the total amount of your cart, including the delivery charges based on the shipping method You have chosen, as well as the General Terms and Conditions of Sale.
Step 5: Validating the cart, including the shipping method, triggers the payment process for the order. You are then redirected to the online payment server to make the payment.
Step 6: On The Wild Side sends You an email confirming your order.
2.2 The contract is deemed concluded at the time the order is validated and remains valid for the period necessary to perform the order, until the expiry of the warranties and obligations owed by the parties.
2.3 The data recorded by the Site when orders are validated constitutes proof of all transactions between the Site and its customers. The data recorded by the payment system constitutes proof of the financial transactions.
Article 3: Product Availability and Order Validation
3.1 It is your responsibility to check during the ordering process, item by item, that the quantity and price are correctly reflected in the order form.
3.2 When a Product is no longer available, On The Wild Side will inform you of this unavailability by email and will offer you options in accordance with the “Delivery” article.
3.3 On The Wild Side reserves the right to refuse any order for abnormally high quantities or if On The Wild Side has experienced payment problems with that consumer in connection with a previous order.
Article 4: Payment
4.1 All orders must be paid in Euros through our secure transaction platforms PAYPAL or STRIPE. On The Wild Side will accept your online payment made with one of the following payment methods: Visa, MasterCard, American Express, or Paypal. Your payment is encrypted and secured by STRIPE or Paypal. By providing your bank card details, You authorize On The Wild Side to debit said bank card for the amount corresponding to the price of your order, inclusive of all taxes.
4.2 For a total amount exceeding €800, additional information may be requested from You.
4.3 You confirm that you are the holder of the bank card being debited and that the name appearing on the bank card is indeed yours.
4.4 If the full price of the order, inclusive of all taxes, cannot be debited, On The Wild Side reserves the right to cancel the order as of right and without delay. It will be your responsibility to place a new order with a valid payment method.
4.5 The Products remain the property of On The Wild Side until full payment of the price, inclusive of all taxes, has been received.
4.6 Telecommunication charges inherent in accessing the Site remain at your sole expense.
Article 5: Delivery
5.1 It is Your responsibility to ensure that your contact details are accurate when placing your order: name, complete delivery/billing address, email address, and telephone number. Delivery will take place at the delivery address that You have indicated on the order form.
5.2 On The Wild Side delivers to all EU countries, the United Kingdom of Great Britain and Northern Ireland, Norway, Switzerland, the USA, Canada, South America, Russia, Japan, Singapore, South Korea, Taiwan, and the Middle East.
Delivery charges depend on the place and method of delivery chosen by You and are calculated on the entire order. They will be shown to You at the end of the ordering process, before You confirm the order.
After confirmation of the order and validation of the payment by On The Wild Side, the Products will be delivered by the method chosen from among those offered during the ordering process.
5.3 We do our best to ensure that delivery takes place as quickly as possible, within 30 days at the latest. In the event of difficulties, we will keep You informed by email.
The delivery date is determined by the sum of the following elements: proper receipt of your payment, preparation of your order, collection of the parcel(s) by the carrier, and the carrier's delivery time for your parcel according to the delivery method you chose on the Site.
5.4. When the parcel is shipped, we will send You the corresponding tracking number by email. From dispatch until arrival, you can track your parcel by entering its tracking number on the carrier's website.
5.5 Customs duties and other taxes payable in the country of arrival are at Your expense, and On The Wild Side cannot be held liable if the Product is held in customs.
5.6 Upon receipt of the parcel, You must check that your order is compliant. Any anomaly concerning the references of the products delivered must be noted on the delivery receipt presented by the carrier and must be notified on the same day, or at the latest on the first business day following delivery, to On The Wild Side customer service (hello@onthewildsidecosmetics.com).
5.7 If the Product is damaged during transport, You must inform the carrier within three working days, excluding public holidays, following the date of delivery of the Products. Failure to make a claim within this period extinguishes any action against the carrier in accordance with Article L.133-3 of the French Commercial Code. A copy of your letter must be sent to On The Wild Side without delay.
5.8 In the event of a delay exceeding 30 days, On The Wild Side will contact you by email or telephone to determine with You how to proceed with Your order. The order will be canceled only at Your express request sent to On The Wild Side by registered letter with acknowledgment of receipt, specifying the order date and number, and the Products and amount concerned.
Article 6: Withdrawal / Return / Exchange
6.1 On The Wild Side is committed to providing you with high-quality products. Nevertheless, if You are not satisfied with Your order, You have a period of fourteen (14) days from receipt of the Products to exercise your right of withdrawal. To do so, You must send your return or exchange request by email to hello@onthewildsidecosmetics.com, stating the order number and date, your last name and first name, delivery address, and the Products concerned. On The Wild Side will inform you of the procedure to follow, and You will need to prepare the parcel containing the Products and the invoice.
6.2 You must return the Products in their original condition (wrapping, packaging) within fourteen (14) days of the approval you receive by email from On The Wild Side. On The Wild Side may refuse the return, refund, or exchange of any product that has not reached it within this period or that is incomplete, opened, partially used, or damaged, or whose original packaging has been damaged by you.
6.3 Any risk associated with the return of the Product(s) is borne by You.
6.4 Return costs are at Your expense. On The Wild Side will not accept parcels sent postage due.
6.5 Any request for further information must be sent to: hello@onthewildsidecosmetics.com or CREDO - On The Wild Side, 6 rue Poitevin, 33000 Bordeaux, France.
Article 7: Warranties
7.1 In accordance with Article L.217-4 et seq. of the French Consumer Code, On The Wild Side is required to deliver a Product that conforms to the order and is liable for any lack of conformity existing at the time of delivery.
Within the meaning of Article L.217-5 of the French Consumer Code, the Product conforms to the contract:
1° if it is fit for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by On The Wild Side and has the qualities presented in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer, or by its representative, in particular in advertising or labeling;
2° or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-12 of the French Consumer Code provides that “the action resulting from a lack of conformity is time-barred two years after delivery of the goods.”
7.2 In addition, under Article 1641 of the French Civil Code, “the seller is bound by a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had the buyer known of them.”
7.3 If the Product(s) do not conform under the conditions provided for in Article 7.1 hereof, or have hidden defects within the meaning of Article 7.2 hereof, You must exercise these warranties by sending your request to hello@onthewildsidecosmetics.com to notify the lack of conformity or the hidden defects of the Product(s). On The Wild Side will acknowledge receipt of Your request and will inform You of the steps to follow as part of this process.
Any return of a Product will be made under the same conditions as those set out in Articles 6.2 and 6.3 hereof.
7.4 Following the checks carried out by On The Wild Side, if the lack of conformity of the Product is confirmed, You will have the choice, in accordance with Article L217-9 of the French Consumer Code, between repair or replacement of the Product. However, On The Wild Side reserves the right not to proceed according to Your choice if that choice entails a manifestly disproportionate cost compared with the other option, taking into account the value of the Product or the significance of the defect.
If the hidden defect is established, You may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Article 8: Intellectual Property
Generally speaking, the trademarks, whether figurative or not, and more generally all logos, images, symbols, and illustrations appearing on the Site and/or on the Products and their packaging, whether or not filed, whether or not registered (hereinafter, the “Intellectual Property Rights”), are and will remain the exclusive property of On The Wild Side. Any reproduction, copying, distribution, modification, or use, in whole or in part, of these Intellectual Property Rights, for any reason and on any medium whatsoever, without the express prior consent of On The Wild Side, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo, and more generally any distinctive sign intended to form a composite logo. The same also applies to any copyright, design, model, and patent owned by On The Wild Side or for which On The Wild Side holds the rights.
Article 9: Force Majeure
9.1 The performance by On The Wild Side of its obligations under this contract will be suspended in the event of Force Majeure for the entire duration of the Force Majeure, including in the event of disruption, flood, fire, or strike, in particular affecting postal services and means of transport or communication. Accordingly, On The Wild Side will incur no liability for any direct or indirect damage related to such events beyond its control.
9.2 Where the suspension of the performance of On The Wild Side's obligations continues for a period exceeding ninety (90) days, You may terminate the current order, and On The Wild Side will then refund the order.
Article 10: Applicable Law and Disputes
10.1 This contract is concluded in the French language and is governed by French law.
10.2 In the event of a complaint, You are invited to contact customer service:
Tel: +33 (0)6 60 05 07 96
hello@onthewildsidecosmetics.com
CREDO - On The Wild Side, 6 rue Poitevin, 33000 Bordeaux, France
10.3 In the absence of a satisfactory response to your complaint, and within one year following your request to our customer service, You may have your request examined by a mediator. Pursuant to Article L.612-1 of the French Consumer Code, every consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute with a professional. Accordingly, You may refer the matter to the Online Dispute Resolution platform in accordance with Article 14 of Regulation (EU) No 524/2013 via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
10.4 In the event of a dispute between On The Wild Side and You, and failing resolution of the dispute through the procedures provided for in Articles 10.1 and 10.2 hereof, the dispute will be brought before the competent French courts.
10.5 You may be assisted by counsel at any time, at your own expense.
Article 11: Personal Data
On The Wild Side undertakes not to disclose to third parties the personal data that you provide to it. Your personal data will be used by our internal departments only to process your order and to strengthen and personalize communications and offers relating to the Products reserved for On The Wild Side customers, in particular through the Site newsletters to which you have subscribed.
The period of processing and retention of the data is limited to the time during which you are subscribed to our newsletters. You may withdraw your consent and unsubscribe at any time by clicking on the unsubscribe link at the bottom of each email.
Accordingly, and in accordance with the French Data Protection Act (loi Informatique et Libertés) of January 6, 1978, you have a right of access, modification, rectification, and deletion of the personal data concerning you. To exercise this right, simply send us your request online at hello@onthewildsidecosmetics.com or by mail, stating your last name, first name, address, and, if possible, your customer reference, to: CREDO - On The Wild Side, 6 rue Poitevin, 33000 Bordeaux, France.
Please note that certain information identified as indispensable for processing the order is essential to the proper performance of orders.
Article 12: Cookies
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