Terms of sale

Preamble

The offer and sale of products on our cutbyfred.com website (hereinafter, the "Website”) is governed by these General Terms and Conditions of Sale (hereinafter, "GTCS "). The products purchased on our Website are sold directly by the company CUT BY FRED, SAS (hereinafter, "CUT BY FRED ") with a share capital of 2,170 euros, whose registered office is located at 2 rue Caffarelli, 75003 Paris, registered at the Paris Trade and Companies Register under number RCS 531 165 678, intra-community VAT number FR58531165678.
CUT BY FRED offers for sale a range of cosmetic products (hereinafter the "Products ") developed and manufactured in France, not tested on animals, for the end user.
(hereinafter the "Customer ").
Prior to placing an Order (hereinafter the "Order "), the Customer declares that he/she has full legal capacity to enter into a commitment under these General Terms and Conditions of Sale.
Validation of the Order by the Customer's electronic signature automatically implies knowledge and express acceptance of the General Terms and Conditions of Sale. This constitutes an electronic signature, which has the same value between the parties as a handwritten signature. 
The GTCS constitute a contract between CUT BY FRED and the Customer from the moment the Order is confirmed.

1. Purpose:

1.1. The purpose of these GTCS is to define the terms and conditions governing the online sale of Products offered by CUT BY FRED, as well as the rights and obligations resulting therefrom for both parties (hereinafter the "Parties ").

1.2 CUT BY FRED reserves the right to amend these GTCS at any time. The new version of the GTCS will only apply to sales made after the amendment.

2. Products and prices

2.1. Products

In accordance with article L. 111-1 of the French Consumer Code, the Products are presented and described on the Website according to key features.
CUT BY FRED undertakes to honour the Orders received, subject to availability. If a Product is unavailable, the Customer will be informed immediately by an alert ( "product unavailable ") that appears when the Product is selected.

2.2. Prices

2.2.1. The prices of the Products are indicated in euros and include all taxes but exclude shipping costs. These processing and shipping costs will also be indicated in euros and include all taxes, and before the Customer completes the order.

2.2.2 Delivery to mainland France is free for orders over €60 including VAT.

2.2.3. In the event of an Order to a country other than mainland France, the Customer is deemed to be an importer of the relevant product(s). For all products shipped outside the European Union and French overseas departments and territories, the price indicated on the invoice will include taxes. Customs duties, local taxes, import duties or state taxes may be applied. CUT BY FRED is not liable for these duties and payments. They will be borne by the Customer, who is entirely responsible for declaring them and paying them to the competent authorities and bodies in the country of destination. The Customer is advised to obtain information on these aspects from the local authorities.

2.2.4. All Orders must be paid for in euros or for an equivalent amount on our secure transaction platforms Mollie and Paypal.

2.2.5. CUT BY FRED reserves the right to change prices at any time, but the Products will be invoiced at the prices in effect at the time the Sales Order is placed, subject to availability.

2.2.6. Once the Order has been confirmed, the Customer will receive a summary of the Order by e-mail. The invoice will be available in the customer area and can be downloaded directly from the Site.

3. Orders

3.1. Browsing the Website

The Customer can find out about the different products offered for sale by CUT BY FRED on the Website. Customers may browse the various pages of the Website freely, without being required to place an Order. The Customer is responsible for all telecommunications costs incurred when accessing the Internet and using the Website.

3.2. Customer identification

When placing their first Order, Customers must create an online account with their personal details. For all subsequent Orders, Customers simply need to re-enter their e-mail address and the password they have created to access their personal space.
Customers must keep their personal information updated in their customer profile on the Website.

3.3. Order details and cart

3.3.1. During the Order process, the Customer may check the details of the Order and its total price at any time. They may also be able to correct any errors or change their Orders. The Customer must then confirm the modified Order.

3.3.2. Customers may place Orders in mainland France, French overseas departments and territories, as well as within and outside the European Union.

4. Final Order validation

The Customer must tick the box corresponding to the message "I have read and accept the general terms and conditions " in order to definitively confirm the Order. The Order will not be confirmed unless this box is ticked.

5. Final Order confirmation

5.1. The contract is deemed to have been concluded when CUT BY FRED receives the Order form by electronic means and once the accuracy of the data relating to the Order has been verified.

5.2. CUT BY FRED reserves the right to refuse an Order if:

- the Customer is already engaged in a dispute with CUT BY FRED,
- CUT BY FRED believes that the Customer is at risk of defaulting on payment,
- the Order is suspicious.

CUT BY FRED then reserves the right to ask its Customer for additional information if it deems it necessary, such as proof of identity or proof of address. If the Customer does not respond within five days of placing the Order, the Order and payment will be cancelled.

6. Payment

Payment must be made at the time the Order is placed by the Customer. At no time may the sums paid be considered as deposits or instalments. All Orders are payable in euros. The Customer guarantees CUT BY FRED that he/she has all the authorisations required to proceed with the payment method chosen when placing the Order.
CUT BY FRED reserves the right to suspend or cancel any Order and/or delivery, irrespective of its nature or the stage it is at, in the event of non-payment of any sum due by the Customer, in the event of a payment incident or in the event of an existing dispute with the Customer.

6.1. Various payment methods

Once the Customer has confirmed their Order, he/she has accepted the full Terms and Conditions of Sale. Customers can pay on the Website by bank card (Visa or Mastercard) via the Mollie secure payment platform and/or by means of their Paypal account.
Customers must enter their bank card number, the expiry date and the security code (the last three digits on the back of the bank card) or the necessary Paypal account information, if applicable.
The Customer guarantees that he/she is the holder of the bank card to be debited and that the name on the card is his/her own.
The full amount of the transaction is debited when the Order is placed. Payments by cheque are not accepted.

6.2. Secure 3D Payment

Your Order may be subject to 3D Secure verification. 3D Secure is an authentication-based payment system that guarantees optimum security for your online purchases. At the time of payment, your bank checks the identity of the cardholder before approving the transaction.

How 3D Secure verification works :

Once you have validated your bank details, you will be redirected to your bank's website. A 3D Secure window will appear. The authentication procedure that must be followed is specific to each bank. You may be asked to:
- enter your date of birth,
- enter a code received by text message,
- or answer a personal question.
This exchange of information between you and your bank is secure. It guarantees the identity of the card user. If you have any questions about your 3D Secure code (obtaining it, losing it, changing it, etc.), please contact your bank directly.

6.3. Secure payment - Banking transaction protection

Secure payments are guaranteed by our partner Mollie's online payment system. Bank details only circulate on the Internet in encrypted form, i.e. they are encoded in such a way as to make them completely illegible and are therefore never kept by CUT BY FRED.

7. Delivery and acceptance

7.1. General rules

Invoices are automatically available to download from the Customer's personal space on the Website. Customer claims will be accepted unless the procedure indicated above has been followed.
Once the Order has been confirmed and payment approved, the Products will be delivered by the chosen method (Colissimo, Chronopost, etc.) to the delivery address indicated during the Order process.
Delivery costs depend on the delivery method chosen by the Customer and are calculated based on the total value of the Order. They are indicated to the Customer at the end of the Order process before the Order is confirmed by the Customer.

7.2. Deadlines

All Orders placed before 12 noon are dispatched on the same day, except for Orders placed on Saturdays and Sundays, which are dispatched on the following Monday, and Orders placed on public holidays in France, which are dispatched on the next working day in France.
When the parcel is dispatched, CUT BY FRED sends the Customer an e-mail with the corresponding tracking number, enabling the Customer to track the delivery online. The Customer is liable for the payment of Customs duties and other taxes due in the country of delivery.

When receiving the Order, the Client must check that the product conforms with the Order. Any discrepancies in the product references of the products delivered must be indicated on the form presented by the carrier and must be notified to the CUT BY FRE D customer service department on the same day and no later than on the first French working day following delivery.

The customer service email address is: (help@cutbyfred.com)

In the event of loss or damage to the Product(s) during transport, the Customer must inform the carrier without delay.

Once the order is approved, the indicative delivery times are the following:
- Colissimo from La Poste:
France: 3 to 5 working days 
Europe: 3 to 9 working days
French overseas territories: 5 to 10 working days
Rest of the world: Up to 15 working days
These timeframes do not take into account any customs clearance. Chronopost 13 (delivery in France): for orders placed before 12pm, the parcel is delivered the next day before 1pm from Monday to Friday, except on public holidays.

In any event, and in accordance with the provisions of article L. 216-1 of the French Consumer Code, the Products ordered will be delivered within a maximum of 30 days as from the day following that on which the Order form was received by CUT BY FRED subject to the price of the Order being paid in full.
If the Products have not been delivered by the end of this period, the Customer may cancel the Order. The payment made by the Customer will then be refunded without delay.
In the event of late delivery, the Customer may notify CUT BY FRED in writing in order to improve service quality and thus allow CUT BY FRED to proceed with an investigation (hereinafter "the Investigation ") with the carrier, which may take a maximum of 15 working days.
If the Product(s) are recovered during this Investigation, they will be immediately redirected to the address indicated by the Customer on the Order form. On the other hand, if the Product(s) ordered are not recovered at the end of this investigation period, CUT BY FRED will proceed, at its own expense, to resend the Products ordered by the Customer.

7.3. Product Unavailability

Products are available for sale while stocks last. The Customer will be informed as soon as possible if any of the Products are unavailable. This information may be notified as follows:
- when placing the Order
- after the Order has been approved, prior to delivery, by e-mail. If the Customer pays for Products that are unavailable, then CUT BY FRED will reimburse the overcharge.
In the aforementioned cases, the Customer will have the option of cancelling all or part of his/her Order by requesting the immediate reimbursement of the payment made, either:
by e-mail at to help@cutbyfred.com.
by post at Cut By Fred, 68 rue d'Hauteville, 75010 Paris
by telephone at: 07 64 00 68 10

CUT BY FRED undertakes to refund the payment within a maximum of 14 days from receipt of the email, letter or telephone call requesting the total or partial cancellation of the Order.

8. Right of withdrawal

8.1. In accordance with article 221-18 of the French Consumer Code, Customers have 14 calendar days from the date of receipt of their Order to exercise their right of withdrawal, without having to justify their decision or pay any penalties.

8.2. In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised in respect of contracts for the supply of goods that are unsealed by the Customer after delivery and that cannot be returned due to hygiene or health protection reasons.
Consequently, Products must be returned to CUT BY FRED in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed and unused.
Withdrawals may be made by telephone at + (33) 7 64 00 68 10, by post or e-mail at the following addresses:
68 rue d’Hauteville – 75010 Paris
help@cutbyfred.com

8.3. To exercise their right of withdrawal, Customers must notify CUT BY FRED of their decision to withdraw before the deadline expires by email (help@cutbyfred.com) or by telephone at +(33) 7 64 00 68 10, indicating the Order number and the reference number of the Product(s) concerned as indicated on the invoice.

8.4. In the event of Customer withdrawal, CUT BY FRED will reimburse the amount of the Order without undue delay and no later than 14 calendar days from the date on which CUT BY FRED is informed of the Customer's decision to withdraw.

CUT BY FRED may defer reimbursement until it receives the returned Products or until the Customer has provided proof of shipment of the Products, whichever occurs first.

Orders placed on the Website may not be returned or exchanged directly at the Cut By Fred Studio.

CUT BY FRED will proceed to reimburse Customers using the same means of payment as used for the initial transaction, unless CUT BY FRED and the Customer agree otherwise.
Customers must send or return the Product(s) without undue delay and, in any event, no later than 14 days after having communicated their decision to withdraw to the following address:
CUT BY FRED
68 rue d’Hauteville
75010 PARIS - FRANCE

9. Full ownership

CUT BY FRED retains full and complete ownership of the Products sold until full payment of the principal amount, including costs and charges, has been received.

10. Limitation of liability

10.1. The Products offered comply with current French legislation. It is your responsibility to check with the local authorities in your country to find out whether you can import or use the Products you intend to Order.

10.2. The photographs and texts reproduced to describe the Products are not contractual. Consequently, the Website cannot be held responsible for any photographic or textual errors.

10.3. CUT BY FRED will not be held responsible for the non-performance of the contract in the event that the Product is out of stock or unavailable, in the event of force majeure, disruptions, floods, fires or strikes, in particular postal, transport or communication strikes. The cutbyfred.com website will not be held liable for any direct or indirect damage resulting from these risks.

10.4. In accordance with article 1641 of the French Civil Code, the Customer benefits from the legal guarantees against hidden defects and Products that do not comply with the Order. However, in accordance with Article 1642 of the French Civil Code, the Customer may not invoke a defect of which he/she was aware or of which he/she could not have been unaware when the Order was placed.
In either case, please note that the burden of proof of the hidden defect or of the failure to comply with the Order lies with the Customer.

If the hidden defect or failure to comply with the Order is proven, the Customer will have the choice to return the Product and have its price refunded, or to keep the Product and have part of the price refunded. The price of the Product, any delivery costs and the cost of returning it will be refunded to the Customer within thirty (30) French working days from when the hidden defect or failure to comply with the Order was notified.

Any actions resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect, in accordance with Article 1648 of the French Civil Code.

10.5. CUT BY FRED has taken out professional liability insurance. The insurer's contact details are as follows:

GENERALI – 2 rue Pillet-Will 75009 Paris

11. Partial invalidity

Should one or more of the provisions of the GTCS be deemed to be invalid or declared as such under the terms of a law, regulation or following a final decision by a competent court, the other provisions will retain all their force and scope.

12. Non-waiver

Should one of the Parties fail to invoke a breach by the other Party of any of the obligations set out under the GTCS, this will not be interpreted as a waiver of the obligation at a later time.

13. Data Protection

13.1 Protection of personal data

The information collected about the Customer is processed by CUT BY FRED and is required in order to process the Customer's Order. This information and personal data is also kept for security purposes in order to comply with legal and regulatory obligations. It will be kept for as long as required in order to process the order and deliver the Products and for the purpose of any applicable guarantees.
CUT BY FRED is the data controller and has the following postal address and e-mail address:
CUT BY FRED
68 rue d’Hauteville 75010 Paris - France

Email: help@cutbyfred.com

Access to personal data will be strictly limited to employees of the data controller who are authorised to process such data by virtue of their duties. The information collected may be communicated to third parties that are under contract with the company to perform sub-contracted tasks without the need for the Customer's authorisation. In accordance with law no. 78-17 of 6 January 1978 relating to data protection, as amended by law no. 2004-801 of 6 August 2004, and by European Regulation no. 2016/.679, the Customer has the right to access, rectify, delete, limit and move data his/her personal data, as well as the right to object to its processing on legitimate grounds. These rights may be exercised by contacting the data controller at the postal or e-mail address indicated above and providing valid proof of identity. In the event of a complaint, the Customer may contact the French data protection authority (Commission Nationale de l'Informatique et des Libertés - CNIL).
More detailed information on the processing of the Customers' personal data is included in the Privacy Policy available at the following link.

13.2. Cookies and website analytics

A cookie is a small file stored on your computer. It contains information how the Website pages are browsed. This makes it easier for the same person to use the site at a later date and enables user preferences to be stored. You can restrict the use of cookies by configuring your browser, although this will limit the use of certain services we offer on the Site. You can also delete cookies manually.
In order to continually improve our content and services, we use Google Analytics to monitor the number of visitors to our website. The data collected is anonymous and is used solely for statistical analysis.
More detailed information on cookies is included in the Cookies Policy available at the following link.

14. Intellectual property

In general, the Brands and Logos that appear on this site, whether registered or not and the texts, comments, images, graphics, works, illustrations and images reproduced on the Website are the exclusive property of CUT BY FRED and are protected by French and international copyright as well as by intellectual property and database protection law. Therefore, and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to different or to the more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under intellectual property law unless prior authorisation has been obtained from CUT BY FRED. The total or partial reproduction of the Site catalogue is strictly prohibited. All rights reserved.

15. Applicable law and jurisdiction

The Customer accepts and fully acknowledges that these GTCS are governed by French law, as are all disputes or litigation that may arise from them.
All disputes resulting from sales concluded in application of these GTCS and concerning their validity, interpretation, performance, termination, consequences and effects that could not be resolved between CUT BY FRED and the Customer will fall under the jurisdiction of the competent courts under conditions of ordinary law.
The Customer is hereby informed that he/she may in any event have recourse to conventional mediation in accordance with the provisions of article L612-1 of the French Consumer Code.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, CUT BY FRED uses the services of the CMAP (Centre de Médiation et d'Arbitrage de Paris) (hereinafter the "Mediator ") whose contact details are as follows: CMAP, 39 avenue Franklin D. Roosevelt - 75008 Paris, 01 44 95 11 40, cmap@cmap.fr) - (https://www.cmap.fr/le-cmap/reglement-de-mediation/)
In the event of a written complaint that has not been resolved by our Customer Service department, you may refer the matter to the Mediator free of charge. To find out how to contact the Mediator, click here.
At European level, the European Commission has also set up an online dispute resolution platform, which can be accessed here.