General Terms and Conditions of Sale
www.my-blend.com, effective July 1, 2022.
Carriers: refers to carriers such as UPS, DHL, DPD.
Commercial Documentation: shall designate all information pertaining to the Products featured on the Site, notably their description.
Contract: means these General Terms and Conditions of Sale (or “GTCS”). The Customer hereby waives the right to rely on any contradictory document that would be in conflict with the GTCS and that would therefore be unenforceable against the Seller.
Customer: means any User who has placed an Order on the Web Site. The rights and obligations of the User necessarily apply to the Customer.
Gift: refers to all items given free of charge to a Customer as part of an Orden, such as, but not limited to: samples, tote bags, kits…
Order: refers to the process, for the Customer, to select the Products, purchase them and have them delivered.
Parties: refers jointly to the Seller and the Users of the Site.
Personal data: refers to any information relating to a Customer and/or a User, whether a natural or legal person, identified or identifiable.
Products: refers to the cosmetic products, accessories, and derived products available for sale on the Site.
Seller: designates the company MY BLEND as identified in article 3 of the present GTC.
Site: refers to the website www.my-blend.com.
Treatment service(s): refers to any treatment service provided by the Seller in one of its institutes and which will be booked by the Customer via their personal account, accessible from a dedicated interface.
User: refers to any individual or legal entity accessing the Site, whether or not they are a Client.
The Site is an electronic commerce site accessible via the Internet at www.my-blend.com. It is open to all users of this network.
It is edited by: MY BLEND, a one-man simplified joint stock company with a capital of €1,000,000 registered with the
Nanterre Trade and Companies Registry under number 449 848 803.
Head office: 9, rue du Commandant Pilot – 92200 Neuilly sur Seine, France.
VAT NUMBER: FR68449848803
Director of Publication: Olivier Courtin.
It is hosted by: WakeMeUp through Scaleway.
3. Subject of the gtcs – Acceptance of the gtcs – Modifications to the gtcs – Version in force – Prevalence
Purpose: Governed by Article L. 441-6 of the French Commercial Code and Article L. 111-1 of the French Consumer Code, the purpose of these GTCS is (i) to define the conditions under which Users may access the Site and place Orders for Products, as well as (ii) to manage the relationship between the Vendor and Users and (iii) to determine the rights and obligations of the Parties.
Acceptance: Any Order of Product proposed on the Site implies the consultation and the express acceptance of the present GTCS, this acceptance is not conditioned by a handwritten signature of the User.
Users are advised to consult the GTCS regularly at https://my-blend.com/en/general-terms-and-conditions-of-sale/. The User may save or print these terms and conditions of sale, provided that they are not modified.
Modification: The Vendor reserves the right to modify these General Terms and Conditions of Sale at any time, without prior notice, in order to take into account any legal, jurisprudential and/or technical developments, it being understood that such modifications shall not apply to reservations and Orders previously accepted and confirmed by the Customer. Thus, the version applicable to an Order shall be the one in effect at the time the Order is placed.
In any case, the fact that the User continues to use the Site after being informed of the modification of the GTCS implies the acceptance of the modifications of the latter by the User.
Update: The version of the GTCS that prevails is the last updated version on the Site.
Prevalence: The GTCS apply to the exclusion of any other document.
Seller: The Seller is the company MY BLEND, a one-man simplified joint stock company with a capital of
€1,000,000 registered in the Nanterre Trade and Companies Register under number 449 848 803, whose registered office is located at 9, rue du Commandant Pilot – 92200 Neuilly sur Seine, France.
Intracommunity VAT number: FR68449848803
Contact email: email@example.com
4. Geographic scope – Description of the Products marketed on the Site – Availability
- Europe: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (including Monaco, excluding DROM-COM), Germany, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal (except Madeira and the Azores), Romania, Slovakia, Slovenia, Spain (except Canary Islands and Melilla) and Sweden.
- Outside the EU: Norway, Switzerland.
- Middle East: Saudi Arabia, Egypt, United Arab Emirates (Dubai / Abu Dhabi), Morocco, Qatar.
- Asia: Singapore.
- South America: Mexico.
- North America: Canada, United States.
- Oceania: Australia.
Prior to placing an Order, Customer agree to fully acquaint themself with the essential characteristics of the Product(s) they wish to order via the Web site.
The commercial documentation reproduces, for each Product, the technical data determined by the Seller in its capacity as manufacturer. The Seller makes its best efforts to ensure that the photographic representation of the Products on the Site is faithful to the Products.
For any question relating to the Products and their use, any additional question or request for advice, the Customer may contact the Seller’s customer service department: firstname.lastname@example.org.
Information on the availability of the Products is provided to the Customer at the time the Order is placed. Nevertheless, errors or modifications may exceptionally occur.
Simply adding a Product to the shopping cart does not constitute validation of the Order. A Product may become unavailable between the time it is added to the shopping cart and the time the Order is validated, in which case the Customer will be informed.
In the event of total or partial unavailability of Products after the Order has been placed, Customer shall be informed by e-mail, as soon as possible, of the unavailability of the Product and of the modification (partial unavailability) or cancellation (total unavailability) of their Order.
In case of cancellation of the Order due to total unavailability of the Products, the Customer will not be charged or will be refunded. In case of partial unavailability of the Product, the Customer will be refunded the amount of the unavailable product.
The Seller shall not be held responsible for any damage related to the unavailability of one or more Products ordered by the Customer.
5. Product prices – Shipping costs – Taxes – Promotional offers
The prices listed on the Site are indicated in Euros “all taxes included” (VAT included) but not including delivery costs and are subject to change during the year, it being understood that the Products ordered are invoiced at the prices in effect at the time the Order is placed. Prices consider any discounts and promotional operations.
Shipping costs are paid by the Seller in the following cases:
- Standard delivery for all purchases for the following countries in Europe: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (including Monaco), Germany, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal (except Madeira and Acores), Romania, Slovakia, Slovenia, Spain (except Canary Islands, Ceula & Melilla), Sweden, Switzerland.
- Express delivery from 350€ of purchase for the following countries outside Europe: Saudi Arabia, Australia, Canada, Cyprus, Egypt, United Arab Emirates (Abu Dhabi / Dubai), United States, Malta, Morocco, Mexico, Qatar and Singapore.
For all Express Orders within Europe or orders of less than €350 outside Europe, shipping costs will be invoiced to the Customer. In such cases, the shipping costs will be indicated before the Order is validated by the Customer.
Prices include customs duties if applicable as well as the value added tax (VAT) applicable on the day of the Order and any change in the applicable rate will automatically be reflected in the price of the Products sold by MY BLEND on its Site.
Purchase offers, including promotional offers, are valid, within the limits of available stocks, for the duration indicated in the promotional offer and otherwise for as long as they are announced on the Site.
6. Legal capacity – Conditions for purchase
The User must be a duly represented legal entity or a natural person of legal age who has the legal capacity to place an Order with the Seller. Otherwise, the User must have the authorization of his legal representative, which he expressly acknowledges and accepts. The Vendor shall not be required to verify the legal capacity of its Customers under any circumstances.
By placing an Order, User represents and warrants that it is a bona fide Customer and End-User making a purchase for its own use or the personal use of a third party, and that it is not engaging in the business of selling or otherwise distributing the Products, or purchasing the Products or services for commercial purposes.
The choice and purchase of a Product are the sole responsibility of the Customer.
7. Ordering Process
Navigation within the Site
The User can take note of the various Products offered for sale by the Seller on its Site.
The User may browse freely through the various pages of the Site without being bound by an Order.
Registration of an Order
If the User wishes to place an order, they will select the various Products in which they are interested, and will express this interest by clicking on “Add to cart”.
At any time, the User may:
- Obtain a summary of the Products they have selected, by clicking on the basket;
- Continue or amend their selection of Products ;
- Complete their selection of Products and order these Products by clicking on “Continue”.
To place an Order, the User may:
- Create a personal account;
- Proceed to the payment of the selected Products without creating a personal account, this creation of a personal account is optional.
Conditions for placing an order
Customers agree that Seller’s Order registration systems shall be deemed proof of the nature and date of the Agreement.
Consequences of placing an Order
The Contract is concluded when the Customer confirm their Order by clicking on the icon “Validate the order”.
The Client acknowledges that the placing of an Order implies an obligation to pay for it. The Customer agrees to the prices, volume, specifications, quantities and delivery times of the Products ordered.
Upon registration of the Order, the Customer will receive five (5) emails:
- A detailed order confirmation, which informs the Customer of the Seller’s acceptance of the Order and confirms the transaction, provided that payment has been made;
- A second e-mail will be sent to inform the Customer that the Order is being prepared by the Seller’s logistics provider;
- A third email will be sent to inform the Customer of the shipment of the Order. This e-mail will include a summary of the Customer’s purchases, the exact amount invoiced and a link to track the delivery.
- An invoice will be sent by email to the Customer;
- Finally, a thank you email for the Order with advice on the products in the Order.
The sale will be definitive provided that the Customers do not exercise their right of withdrawal under the conditions laid out in article 11 of these GTCS.
However, the Seller reserves the right to suspend or cancel any Order from a Customer with whom there is a dispute over payment of a previous Order, or for any other legitimate reason, in particular the abnormal nature of the Order.
Terms of Payment
All Orders are payable in Euros.
The Customer warrants to the Vendor that they have the necessary authorization to use the payment method they have chosen at the time of placing the Order.
Seller shall be entitled to collect the full price for the Order upon confirmation of the Order.
Seller reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment of any amount due by Customer.
Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to the amounts unpaid at the end of a period of ten days following the date of the invoice.
As part of the fight against Internet fraud, information relating to Customer’s Order may be transmitted to any competent authority for verification.
In order to ensure the security of the payment by credit card, the Client must transmit to Adyen the visual cryptogram (CVV) of his credit card.
Adyen handles payments, refunds and chargebacks. Its headquarters are located at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, The Netherlands.
The security of the payment on the Site is also ensured by Adyen.
Payments made by the Customer shall not be considered final until the Seller has received the amounts due. The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
Payment methods accepted
Credit cards: The following credit cards are accepted on the Site: Carte Bleue, Visa, Master Card and American Express. These payment cards must be issued by a banking or financial institution located in one of the countries included in the Geographic Perimeter mentioned in Article 4.
Paypal: The Customer can use his or her PayPal account to pay for his or her Orders on the Site.
9. Delivery – Shipping – Receipt of Orders
Delivery Address and Methods
The Products will be delivered to the address indicated by the Customer on the Order, according to the delivery method chosen.
The Products on the Site are delivered exclusively in the countries included in the Geographic Perimeter mentioned in article 4 of these GTCS. They cannot be delivered to a country not included in the Geographic Perimeter.
Delivery methods differ depending on the country in which the Order is placed.
- For the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland; standard or express delivery.
- For the following countries: Australia, Bulgaria, Canada, Cyprus, Egypt, Greece, Malta, Mexico, Morocco, Qatar, Romania, Saudi Arabia, Singapore, United Arab Emirates, United States; express delivery only.
Delivery shall be made within an average of 2 to 6 days from receipt of the Order by the Seller, depending on the delivery method chosen, and within a maximum of 14 days from receipt of the Order by the Seller.
Delivery times exclude Sundays and holidays.
As the Vendor uses external service providers to ship the Orders, the delivery times may be affected by the service providers without the Vendor being held responsible for these shipping delays and the consequences that may result from them.
It is expressly agreed that in the event that the Seller is unable to deliver a Product under the conditions set forth herein due to a failure on the part of one of its suppliers (late delivery, non-conformity of the Order, etc.), the Customer shall be informed by the Seller as soon as possible and by any means. In this case, the Customer shall not be charged for the Product in question, or shall be reimbursed within 14 (fourteen) days from the date of notification to the Customer of the impossibility of delivery. The Seller’s liability is therefore limited to the amount of the Product ordered by the Customer.
Delay / non-delivery
Loss of packages during transport
The Carriers used by the Seller are very reliable services. However, it is possible, as in any shipment, that a delay occurs in delivery or that the package gets lost. In the case of a delay in delivery of more than 7 days, the Customer must inform the Seller’s customer service who will transmit the information to the Carrier to initiate an investigation. This investigation may last up to 21 days from the date of its opening. If during this period, the parcel is found, it will be forwarded immediately to the Customer’s indicated address.tr If on the other hand the parcel is not found at the end of the 21 days investigation period, the Carrier considers the parcel as lost. In this case, the Seller will send a replacement parcel to the Customer, at his expense. If the lost product(s) is (are) no longer available at that time, the Seller will reimburse the Customer of the amount of these products.
Any anomaly concerning the delivery (damage, open package, damaged package, broken products…) must be indicated on the delivery slip in the form of “handwritten reserves”, accompanied by the Customer’s signature. The Customer shall report the anomaly as soon as possible to the Seller’s Customer Service at the following e-mail address: email@example.com so that a claim can be made to the Carrier. The Customer shall return the Products to the Seller who shall send back the replacement product(s) at his own expense. If the product(s) is (are) no longer available, the Vendor will reimburse the Customer for the product(s).
10. La Maison myBlend spa treatment appointment booking terms and conditions
To book a spa treatment online, the Buyer must choose between the different categories of treatments, then select the preferred treatment. The Buyer can then choose the date and time of his choice, depending on availability. The booking is available only for the treatments at the point of sale “La Maison myBlend” located at 23 Rue Debelleyme in the 3rd arrondissement of Paris.
The Buyer is invited to communicate his bank details to proceed with the booking of his treatment(s). The credit cards accepted on the online booking site are as follows: VISA, MasterCard, American Express, Discover, Union Pay, JCB & Diners Club International. The Buyer’s bank card is not debited during the online reservation, it confirms and guarantees the reservation. The amount of the reservation guarantee is fifty percent (50%) of the price of the treatment(s).
Payment is due on the day the treatment is performed. Payment will be made directly by the Buyer at “La Maison myBlend” point of sale.
Conditions of modification / cancellation / delays
The Buyer can modify/cancel his treatment, free of charge, at the latest 24 hours before the scheduled date of the appointment, by clicking on the cancellation link from the reservation confirmation email he will have received, or by contacting “La Maison myBlend” at the following number : +33 1 88 80 18 76.
In the event that the Buyer cancels his reservation less than 24 hours before the scheduled date of the appointment, or does not show up at the point of sale for his treatment, fifty percent (50%) of the price as shown on the Site on the day of its reservation, the amount of which has been entered on your card and corresponding to a deposit, will be debited from the credit card whose data will have been transmitted by the Buyer.
In the event of the client’s delay, the duration of the treatment may be shortened out of respect for the following appointments. The client must arrive approximately 15 minutes before the start of the spa treatment.
myBlend reserves the right to cancel or postpone a spa treatment, in which case the Buyer will be notified as soon as possible, and no amount will be debited.
11. La Maison myBlend e-consultations (video consultations) appointment booking terms and conditions
Please note that e-consultations will be available starting October 2022.
To book an online video consultation service, the Buyer must choose between the different categories of consultations offered, then select the desired consultation. The Buyer can then choose the date and time of his choice, depending on availability.
The service being free, the Buyer will therefore not have to communicate his bank details to proceed with the reservation.
Conditions of modification/cancellation/delays
The Buyer may modify/cancel his video consultation, free of charge and at any time, by clicking on the cancellation link from the reservation confirmation email he will have received, or by contacting “La Maison myBlend” at the following number : +33 1 88 80 18 76.
If the client is late, the duration of the video consultation may be shortened out of respect for the following appointments. The client is invited to connect a few minutes before the start of the consultation.
The Products benefit from the legal guarantee of hidden defects in accordance with articles 1641 and following of the French Civil Code. The Customer also benefits from the guarantee of conformity in accordance with articles L.217-4 to L.217-14 and L.411-1 of the French Consumer Code.
The Customer has a period of two (2) years from the discovery of the defect for the warranty of hidden defects and two (2) years from the delivery of the goods, for the warranty of conformity.
In case of lack of conformity of the Product, the Customer may return the Product to the Seller and obtain a refund.
Return shipping costs will be reimbursed by the Seller at the Customer’s request.
For any complaint, the Customer may contact the Seller at the following address: firstname.lastname@example.org
Within the framework of the legal guarantee of the hidden defects, the Salesman, according to the choice of the Customer, commits himself, after appreciation of the reality of the defect either:
- to refund the full price of the Product concerned;
- to refund a part of the price of the Product if the Customer decides to keep it.
13. Right of withdrawal
In accordance with article L.221-28 of the French Consumer Code, the Client is hereby informed that the right of withdrawal cannot be exercised on Orders concerning, in particular:
- The supply of goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
- The supply of goods that are likely to deteriorate or expire rapidly;
- The supply of goods made to the specifications of the consumer or clearly personalized.
The Customer therefore has no right of withdrawal for this type of product.
These provisions apply without prejudice to the guarantees provided for in Article 10 hereof GTCS which remain fully applicable.
To exercise their right of withdrawal, the Customer may send their request by e-mail to email@example.com enclosing the form referred to in the appendix duly completed. They may also send their request by another signed and dated declaration expressing without ambiguity their will to withdraw.
The Customer who wishes to exercise their right of withdrawal must return the delivered Product(s) at the latest within fourteen (14) calendar days as from the sending of his request of withdrawal, under the conditions of article 12 of the present GTCS.
In the case of a gift card purchased on the Site, the Customer has a period of 14 (fourteen) days from the confirmation of their Order to exercise their right of withdrawal, provided however that the gift card has not been used in whole or in part before the expiry of this period. In this case, no right of withdrawal or refund in any form whatsoever is provided.
In accordance with Article L.221-19 of the French Consumer Code:
- The day of receipt of the Product is not included in the 14 (fourteen) day period;
- The time limit begins at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the deadline;
- If the time limit expires on a Saturday, Sunday or public holiday, it is extended until first business day thereafter.
After this period, no request for withdrawal will be processed by the Seller.
If the Customer exercises their right of withdrawal under the conditions provided for in this article in terms of the time limit and methods of returning the Products, the Vendor shall reimburse the Customer for the totality of the sums paid, without any unjustified delay and at the latest within 14 (fourteen) clear days from the date on which the Vendor is informed of the Customer’s decision to withdraw. The refund will be made by any means of payment at the choice of the Customer expressed after the exercise of their right of withdrawal.
The refund concerns the totality of the sums paid at the time of purchase, including the delivery costs. It should be noted that in accordance with Article L. 121-21-4 of the French Consumer Code, only standard delivery costs will be covered (amounts corresponding to express or special shipments will not be covered).
Notwithstanding the foregoing, and in accordance with the provisions of Article L.221-24 of the French Consumer Code, the Seller may defer reimbursement until the Product concerned has been recovered or until the Customer sends the Seller proof of shipment of the Product concerned, the date retained being that of the first of these facts.
In the event of late repayment, the sums due are automatically increased under the conditions provided for in Articles L.242-1 et seq. of the Consumer Code.
14. Conditions for the return of the Products
The Customer who exercises their right of withdrawal must inform the Seller of their desire to withdraw in the following manner:
- Return the Products concerned using the prepaid return label attached to the Order.
The Products returned by the Customer must meet the following requirements:
- The Product must be intact, in its original packaging and condition, with its accessories and instructions. Any incomplete, damaged, damaged and/or damaged packaging Product will not be returned, exchanged or refunded;
- If a box or a set is returned, it is imperative to send the entirety of this box or this set ;
- If the Customer has received, at the time of their order, Gifts to accompany the Products purchased, the Customer who exercises their right of withdrawal on the totality of the order shall then send all the Product(s) of the Order accompanied by the Gift(s) so that the Vendor can take into account their request for withdrawal; Conversely, if the right of withdrawal is exercised only in part, the Customer shall be able to keep the Gifts which have been attached to his initial order;
- If the Customer has benefited from an offer on the Web site, giving him/her the right, under certain conditions, to one or more Products offered in exchange for his/her Order, and if, due to the exercise of his/her right of withdrawal, the Customer is no longer eligible for the offer in question The Customer must then send the Product(s) he/she wishes to return along with the Product(s) offered in exchange for the Order of the returned Product(s) so that MY-BLEND can take into account his/her request for retraction;
To return an item, the Customer will be required to follow the following instructions:
Use of the prepaid return label inserted in the package:
- Use the original packaging to return the Product;
- Stick the prepaid return label on the package;
- Depending on the country of delivery :
→ If the Customer resides in the European Union, the United States, Canada or Mexico: Drop off the package at the nearest UPS Access Point.
→ If the Customer resides in a country other than the above-mentioned ones, an appointment must be made with UPS in order to organize the collection of the Product at the address indicated by the Customer.
In order to avoid any dispute, it is strongly recommended that Customers wishing to exercise their right of withdrawal return their Products in conditions similar to those of the initial shipment, with a declared value corresponding to the price of the initial order, and to keep all proof of shipment (parcel number) until their Order has been fully reimbursed.
Any risk related to the return of a Product is the responsibility of the Customer.
15. Delivery – Shipping – Receipt of Orders
The Seller retains full ownership of the Products sold until full payment of the price, in principal, costs and taxes included.
16. Delivery – Shipping – Receipt of Orders
The Seller shall not be held responsible for the non-performance of the Contract in case of stock shortage, except in case of price promotion not intended to clear the stocks, or in case of unavailability of the Product due to a case of force majeure.
The liability of the Seller under the obligations of these GTCS shall not be incurred in the event that the non-performance of their obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts, or to any other event which was not reasonably under the exclusive control of the Seller.
The Seller declines all responsibility:
- for any interruption of the Site;
- for any occurrence of bugs on the Site;
- for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site;
- and more generally for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular loss of profits, customers, data or any other loss of intangible assets that may arise from anyone’s access to the Site or inability to access it or from the credit given to any information coming directly or indirectly from the latter.
Should Seller’s liability be established and upheld for any loss suffered by Customer that is attributable solely to the placing of an Order, such liability shall be limited to the amount of the Order paid by Customer to Seller.
17. Intellectual Property
The Site and all of its components (including, but not limited to: source code, graphic design, products, trademarks, designs, models, photographs, videos, texts, names, illustrations, logos, animated or non- animated sequences, sound or otherwise, graphics, etc.) and their compilation are the exclusive property of the Vendor. The Seller does not grant any license or authorization or any right to the User and the Customer other than that of consulting the Site. Neither the Site (in whole or in part), nor any of its component parts may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without the prior written consent of the Vendor.
18. Personal data
The information collected shall be used by the Vendor and its service providers in order to process the Customer’s Order and to send, unless the Customer and/or User objects, information about the Vendor’s Products, services and healthcare benefits, to carry out customer relationship management (CRM) operations and/or to manage the Customer’s membership in the loyalty program. The Customer and/or the User has the right to access, rectify, oppose and delete data concerning them by contacting the customer service at firstname.lastname@example.org.
19. Applicable law and jurisdiction
These GTCS and the sale of Products and Services by the Seller are subject to French law.
In the event of a dispute regarding an Order, the Customer shall first contact the Salesperson by e-mail at email@example.com in order to find an amicable solution.
The Customer is hereby informed of the possibility of resorting to consumer mediation for any disputes that may arise in connection with the sale of Products and Care Services by the Vendor. Indeed, in the event that no amicable solution can be found, the Customer may appeal to the Mediation and Arbitration Center of Paris (CMAP), of which the Seller is a member, within one year of the last approach of the Customer to the Seller. For more information, the Customer may visit the Site at http://www.cmap.fr.
Referral to the mediator is only possible if the Customer has already contacted the Seller’s Customer Service Department whose email address is mentioned above and has not obtained an answer or satisfaction to his complaint.
In addition, the European Commission offers a one-stop shop for consumers and professionals wishing to resolve disputes arising from online transactions out of court. This service is available at the following address: http://ec.europa.eu/odr.
21. Miscellaneous provisions
If one or more provisions of these GTCS are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall retain all their force and scope.
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTCS shall not be interpreted for the future as a waiver of the obligation in question.
General Terms and Conditions of Sale of the myblend gift card
www.my-blend.com, effective 5th December 2022.
1. Legal information
This website, accessible at https://giftcard.my-blend.com/ (the “Website“) is published by MY BLEND, a one-person simplified joint stock company with a capital of 1,000,000 euros, registered with the Nanterre Trade and Companies Registry under number 449 848 803, whose registered office is located at 9 rue du Commandant Pilot – 92200 Neuilly-sur-Seine, France (hereinafter referred to as “MY BLEND“).
MY BLEND’s intra-community VAT number: FR68449848803
The director of publication of the Website is Olivier COURTIN.
If necessary, MY BLEND can be contacted at the following email address: firstname.lastname@example.org.
The Website is hosted by AWS (Amazon Web Services EMEA SARL), a limited liability company governed by the laws of Luxembourg, with its registered office at 38 avenue John F. Kennedy, L-1855 Luxembourg.
2. Scope of application of the general termes and conditions of sale
MY BLEND offers on the Website the sale of dematerialised gift cards (the “Gift Cards“) to consumers (i.e., natural persons not acting in the context of their professional activity) (the “Clients“) under the conditions defined in the present general terms and conditions (the “GTCs“). The Gift Cards may be offered by the Client to any individual of his/her choice (the “Beneficiary“) but may not be resold by the Client to third parties.
The GTCs govern any sale by MY BLEND of Gift Cards on the Website and specify the terms and conditions of use of these Gift Cards by their Beneficiaries. The purchase of a Gift Card by a Client implies the latter’s unreserved acceptance of the GTCs.
MY BLEND reserves the right to update the GTCs at any time, with the new terms and conditions applying to any subsequent order placed by a Client.
3. Ordering and loading of Gift Cards by Clients
Orders for Gift Cards can only be placed on the Website via the dedicated form.
When ordering, the Client tops up the Gift Card with the amount he/she chooses, which must be between a minimum of €50 and a maximum of €2,200.
If the Client wishes, he/she may defer the date of issue of the Gift Card and share with third parties a link allowing them to top up the Gift Card until the date of issue. In this regard, the Client has a sharing link that he/she can distribute to third parties via his/her own email or any other personal means of his/her choice. The Client is solely responsible for the distribution of the sharing link to third parties. Any third party accessing the Gift Card contribution page via the share link and contributing to the Gift Card is deemed to have done so at the request of the Client and to know the Client and the Beneficiary of the Gift Card.
Where applicable, third parties may top up the Gift Card with any amount they wish, which must be between a minimum of €50 and a maximum of €2,200. All orders placed on the Website are validated by MY BLEND and are the subject of a confirmation email to which the Gift Card is attached.
Notwithstanding the right of retraction described in article 6 of the GTCs, the purchase and contribution to a Gift Card is neither cancellable nor refundable and the Gift Cards can neither be taken back nor exchanged.
The prices of Gift Cards are expressed in euros (€).
Payment for Gift Cards is made by credit card on the Website. The following credit cards are accepted for the purchase and payment of Gift Cards: Visa, Master Card, American Express.
Payment is made on the Website via the secure payment service Adyen. Adyen handles payments, refunds and chargebacks and guarantees the security of the payment on the Site. Its registered office is located at Simon Carmiggeltsraat 6-50, 1011 DJ, Amsterdam (The Netherlands).
In order to ensure the security of the payment by bank card, the Client or any person wishing to purchase the Gift Card must transmit to Adyen the visual cryptogram (CVV) of their bank card.
5. Provision and use of Gift Cards
Once the payment has been made, the Gift Cards are sent directly by email:
- either to the Client’s e-mail address provided at the time of ordering ;
- or directly to the email address of the Beneficiary, as provided by the Client at the time of ordering.
The Client has the option to defer the delivery date of the Gift Card in order to share with third parties a url link allowing them to contribute to the Gift Card until the delivery date chosen by the Client. Where applicable, the Gift Card will be sent by email on the date set by the Client in one of the ways described above.
The Gift Cards are activated when they are sent by email.
The client assumes full responsibility for the transfer and communication of the Gift Card to the Beneficiary, including when the client chooses the option to send the Gift Card directly to the Beneficiary’s email address. MY BLEND cannot be held responsible for any error in the designation of the Beneficiary, loss of the Gift Card or fraudulent use of the Gift Card.
The Gift Cards can be used:
- 12 months from the date of activation;
- exclusively on the website https://my-blend.com or at the Maison My Blend, 23 rue Debelleyme, 75003 PARIS (France);
- for the purchase of My Blend products or treatments (treatments carried out only at Maison My Blend, excluding partner Spas and hotels).
The Gift Cards can be used in one or more instalments, within the limit of their value, and can, if necessary, be supplemented by another means of payment (with the exception of another Gift Card).
Gift Cards not used by the end of their validity period will not be eligible for any refund or credit.
6. Right of withdrawal
Clients have a right of withdrawal which they may exercise within fourteen days of the Gift Card being made available to them. However, the right of withdrawal can only be exercised if the Gift Card has not been used in whole or in part before the expiry of this period.
In order to exercise this right of withdrawal, the decision must be notified to MY BLEND within the aforementioned period by means of an unambiguous statement (for example, by letter sent by post or e-mail). To this end, the model withdrawal form provided in the annex to the GTCs can be used, but is not mandatory.
Clients must provide MY BLEND with the code associated with their Gift Card by email within 14 days of their withdrawal at the following address: email@example.com (code provided in the email containing the Gift Card) in order for MY BLEND to proceed with the deactivation of the Gift Card.
In the event of retraction, MY BLEND will refund all payments received without undue delay and in any event no later than fourteen days from the day MY BLEND is informed of the decision to retract. MY BLEND will proceed with the reimbursement of each participant using the same means of payment as that used for the initial transaction, unless a different means is expressly agreed. In no event will the Client be able to claim reimbursement for the contribution made by the other participants if several participants have purchased the Gift Card.
7. Legal guarantees
Clients benefit from the legal guarantees provided for under French law, namely the legal guarantee of conformity (Article L. 217-3 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Article 1641 et seq. of the French Civil Code), the terms and conditions of application of which are set out in the box below.
The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity of the digital content or service and not the date of its appearance.
The legal guarantee of conformity entails an obligation on the part of the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if
1° The trader refuses to repair or replace the goods;
2° The goods are repaired or replaced after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer shall also be entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilisation of the goods for the purpose of repair or replacement shall suspend the guarantee which was due until delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee for hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for the return of the goods.
8. Personal data and right to object to telephone solicitation
When purchasing Gift Cards, certain data must be filled in.
The Client is reminded that if he/she does not wish to be contacted by telephone by companies of which he/she is not a client, he/she can register on the telephone marketing opposition list at www.bloctel.gouv.fr.
9. Intellectual property
The Website and all of its components (including but not limited to: source code, graphic charter, products, brands, designs, models, photographs, videos, texts, names, illustrations, logos, animated or non-animated sequences, sound or not, graphics, etc.) and their compilation are the exclusive property of MY BLEND. MY BLEND does not grant any licence or authorisation or any right to the Client other than to consult the Website. Neither the Website (in whole or in part), nor any of its component parts may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever without the prior written permission of MY BLEND.
The use of the Website implies knowledge and acceptance of the characteristics of the Internet and its limits.
The use and navigation of the Website is under the responsibility and at the exclusive expense of the Client. MY BLEND cannot be held responsible for any damage or viruses that may affect computer equipment or any other material when accessing or browsing the Website and/or downloading any content from the Website.
In addition, MY BLEND declines all responsibility:
- For any interruption of the Website;
- For any bugs on the Website;
- For any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Website;
- Where applicable, for any content contrary to the applicable legal provisions of websites to which hypertext links on the Website refer.
11. Complaints – Mediation
In the event of any question or difficulty, the Client may contact MY BLEND’s customer service by email at firstname.lastname@example.org or via WhatsApp through this link (Monday to Friday from 10am to 7pm and Saturday from 10am to 6pm (free service).
In the event of any questions or difficulties arising from the purchase of Gift Cards on the Website, the Client is invited to contact MY BLEND customer service to submit their request.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, MY BLEND has recourse to the mediation service of the Centre de Médiation et d’Arbitrage de Paris (CMAP) whose contact details are as follows: 39, avenue Franklin D. Roosevelt, 75008 PARIS (France), email@example.com.
Referral to the mediator is only possible if the Client has previously contacted MY BLEND’s customer service department whose contact details are mentioned above and has not obtained a response or satisfaction to his/her request.
The Client may also access the European platform for online dispute resolution set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr.
12. Applicable law – Jurisdiction
The GTCs are governed by French law. Any dispute relating to the validity, interpretation or execution of the GTCs shall, in the absence of amicable agreement, be subject to the jurisdiction of the French courts.