Terms of Sales
Any order supposes the consultation and the express acceptance of the present General Conditions of Sale, without however that this acceptance is conditioned by a handwritten signature on behalf of the User.
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company NATURAL SOFYA with professional BUYERS, wishing to acquire the items offered and sell them under their own brand.
ARTICLE 1 – PURPOSE AND RESPONSIBILITY
The purpose of these General Conditions of Sale is to govern, exclusively, the relations that the Parties establish, to define their respective rights and obligations.
These conditions govern all the steps necessary for the order and ensure the follow-up of this order between the Contracting Parties.
NATURAL SOFYA is responsible for negotiating the award of contracts, but these only become final after they have been accepted by the manufacturer of the products.
The BUYER shall be solely responsible for placing the products on the market and for the use or modifications made after having received them. The specificities relating to the products are given for information only.
ARTICLE 2 – PROCESS OF AN ORDER
The BUYER wishing to create products under his own brand must contact the company NATURAL SOFYA in order to inform him of his need. Communication can be done on WhatsApp, email, phone or message.
An estimate will then be sent to him in order to validate his request.
1 Exclusive development of tailor-made formulas
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– Development of tailor-made formulas
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NATURAL SOFYA allows the BUYER to develop formulas adapted to his requests.
The BUYER has the possibility of requesting tailor-made formulas by choosing the active ingredients of the product ordered for an amount of €360 including tax per simple formula and €510 including tax per complex formula.
These prices only cover the development of formulas and not the price of products or samples.
The simple formula covers: any product without aqueous phase or preservative
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Oil blends
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Masks
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Scrubs
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massage oils
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serums
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The mists
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The balms
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The soaps.
The complex formula covers: all products containing an aqueous phase and a preservative,
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Shampoos
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Conditioners
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The creams
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Milks.
Following the advice of the manufacturers, NATURAL SOFYA offers a formula that it makes for THE BUYER. The BUYER must pay the full payment once the formulas have been validated after ordering samples, known as the test order. A 50% deposit may be requested in order to start work on the BUYER's project.
- 2.– Exclusivity of tailor-made formulas
Made-to-measure formulas will be confidential and cannot appear in the NATURAL SOFYA catalog.
NATURAL SOFYA grants the BUYER the exclusive distribution, including via the internet, of products and services that have been the subject of a tailor-made formula in the geographical territory of the SUPPLIER's choice,
This exclusivity does not concern the marketing of similar products on this same territory, since the formula is different by its INCI and/or its concentration in the formula of the said product,
2 – Formulas available in the white label catalog
The products presented in the catalog have already been the subject of marketing research by the manufacturers. These formulas are likely to be marketed by other buyers under their own brand. They do not give rise to exclusivity unless agreed in writing, dated and signed by both parties.
These products do not require payment of research and development costs by THE BUYER.
3 – Brand and trade name
The products will be marketed under the BUYER's brand.
It is specified that the BUYER is the sole owner of the brand of the products ordered,
The BUYER declares to have the material, financial and human resources as well as the professional and technical skills necessary for the sale of the products supplied by NATURAL SOFYA
4 – Personalized support and additional purchases necessary to supply the BUYER
The support and advice of the BUYER by NATURAL SOFYA are included in the price within the limits of its availability
However, NATURAL SOFYA will only be an intermediary to find the appropriate manufacturers and to send the BUYER's needs to the said manufacturers.
The terms of payment will be determined according to those imposed by the manufacturer, concerning the accessories or the products.
The BUYER undertakes to pay the full amount necessary in due time to allow the SUPPLIER to manage the replenishment of the BUYER.
No responsibility of NATURAL SOFYA can be held liable if the BUYER has not sufficiently anticipated and finds himself out of stock, The annexes must be ordered at least one month in advance to ensure a constant replenishment. If the deadline is not respected, the processing times will be readjusted according to this delay, without the BUYER being held liable.
NATURAL SOFYA cannot be held liable in the event of a dispute or inconvenience with the manufacturers.
All additional costs will be borne by THE BUYER (transport, transit, etc.).
The manufacturer is also bound by confidentiality regarding orders, in the same way as the SUPPLIER.
If a product is unavailable or there is a stock gap, the BUYER will be informed by email, by post, by message, phone call or the Whatsapp application.
The cancellation of the unavailable item and its refund will then be made within the following 30 days, the rest of the order remaining firm and final.
The prices are indicated in euros, excluding taxes applicable in the BUYER's country. They take into account any reductions applicable on the day of the order. Prices are guaranteed within the limits of available stocks.
The prices indicated do not take into account the delivery costs which will be specified to the BUYER during the production of his order in order to know the real weight,
The company NATURAL SOFYA reserves the right to modify its prices at any time but the Articles will be invoiced on the basis of the prices in force at the time of the registration of the order, subject nevertheless to the availability of the said Articles.
ARTICLE 3 – OBLIGATION OF THE PURCHASER
1 – Liability
1.1- Delegation of responsibility for the exclusive marketing of products under the BUYER's brand
The BUYER will be responsible for placing the products on the market. It will have its own Product Information File drawn up by the SUPPLIER's subcontractors including all the mandatory regulatory formalities.
It is recalled that according to European Cosmetics Regulation No. 1223/2009, the Person Responsible for placing it on the market (natural or legal person who must have an address in Europe) must ensure the harmlessness of his product and compile a Product Information File for each product to be made available to the control authorities at the address indicated on the labelling.
This file includes all the necessary elements relating to the identity, quality, safety for human health and the effects claimed by the cosmetic product. This product information must in particular include a cosmetic product safety report demonstrating that a safety assessment (also called CPSR) has been carried out.
The Product Information File must be constantly updated and kept at all times by the BUYER available for inspection by the authorities. Indeed, it may be, at any time and without notice, examined by the Authorities.
Other tests may be necessary depending on the formula of the products and according to the qualities that the BUYER wishes to attribute to these said products (water resistant, 24-hour hold, for example, etc.). The costs of these tests will be borne entirely by the BUYER in all cases.
The BUYER is also required to keep proof of the Cosmetic Products Notification Portal available to the competent authorities in the event of an inspection or request.
The BUYER must mention on the labels of the products his address and the name of his company as well as all other mandatory information.
He undertakes to use the products provided by NATURAL SOFIA peacefully and without modification.
NATURAL SOFYA undertakes to send the documents and information on the products necessary for the preparation of the Product Information File produced to the independent toxicologists and independent laboratories that it has chosen.
The costs of the regulatory aspect are the responsibility of the BUYER,
1.2 - Responsibility for placing on the market by the BUYER
The person responsible for placing on the market will be THE BUYER.
1.3 - Purchase with transformation by the BUYER
This purchase category is not subject to the obligation to have a Product Information File.
NATURAL SOFYA will be required to deliver the safety data sheets, the technical data sheet and all the supporting documents for the organic label that it assigns to the products, before the confirmation of any order.
NATURAL SOFYA undertakes to keep these documents confidential, it can only communicate them to the competent bodies to obtain authorization to use or transform the said products.
Once the products have been processed, the BUYER will be solely responsible in the event of a dispute over the product or if it does not comply with regulatory obligations.
2- Conditions of supply.
The BUYER acknowledges having a perfect knowledge of the general conditions of sale and supply logistics of NATURAL SOFYA, which he undertakes to respect.
Price changes and, where applicable, changes to the terms and conditions of sale practiced by NATURAL SOFYA for the entire network will be communicated to the BUYER no later than 60 days before their entry into force.
NATURAL SOFYA declares to accept any changes to the range of contractual products upon prior request, by abandoning some or adding new products or ingredients during the duration of the collaboration, provided however that this range remains coherent, compatible and tailored to customer needs.
3 – Compliance with current standards
The PURCHASER acknowledges that the products sold to him by NATURAL SOFYA will be marketed under his own brand.
The BUYER must follow the regulatory standards related to the marketing of its own cosmetic products. He undertakes, therefore, that no confusion may exist, in the minds of third parties, on such use and on his status as an independent trader, in particular on all the documents likely to bind him legally.
The BUYER expressly undertakes to comply in all respects with the regulations applicable to its activity and/or its premises, the law and the rules in use in the profession.
9 – Insurance
The BUYER undertakes to take out an insurance policy guaranteeing his professional civil liability for all activities and obligations arising from this contract.
The PURCHASER undertakes to maintain this policy throughout the duration of this contract and provide proof of this on request to NATURAL SOFYA, and it may be asked to provide a certificate from its insurers listing the guarantees subscribed, their amount and their period of validity.
Any modification, suspension resolution or termination of this insurance policy, for any reason whatsoever, must be reported to NATURAL SOFYA as soon as possible.
If NATURAL SOFYA is the person responsible, it may request an imminent withdrawal without notice of the said products from the market for this reason or for any other suspicion of non-compliance with the rules of hygiene and storage,
10 - Customer resale price of products
The BUYER freely determines, in his capacity as an independent trader, the resale prices of the products and services to his customers.
The BUYER will be regularly informed by NATURAL SOFYA of all national or local promotional campaigns which will be undertaken by NATURAL SOFYA so as to be able, if necessary, if he so wishes, to participate in them.
ARTICLE 4 – REGISTRATION AND VALIDATION OF THE ORDER
The BUYER places his order by email after validation of the estimate sent by the company NATURAL SOFYA.
To be accepted, his order must include all the information useful and necessary for its processing.
Any order implies acceptance of the General Conditions of Sale, prices and description of the items available for sale.
Once the order is ready to be shipped, the BUYER must validate the delivery address and its presence to ensure receipt. If necessary, he must contact the carrier to make the changes.
ARTICLE 5 - PAYMENT
The amount owed by the BUYER is indicated before the validation of the order as well as on the invoice sent by e-mail.
Payment will be made either by transfer from a Paypal account, or by bank transfer,
The order will be considered valid after confirmation of the bank payment agreement. If the bank refuses, the order will be automatically cancelled.
In any event, the company NATURAL SOFYA reserves the right to refuse any order or any delivery in the event of a dispute with the BUYER, total non-payment or partial payment of a previous order by the BUYER or refusal of payment authorization from banking institutions.
ARTICLE 6 - DELIVERY
1 - Delivery prices
The cost of transport varies according to the delivery address and the mode of transport chosen by the buyer. The BUYER is informed of the amount of the delivery costs before validating his order definitively.
2 - Shipping and delivery time
The deadline for shipping the items on the site corresponds to an indicative deadline of 7 days from the day following that of the validation by the Buyer of his order.
This period takes into account the estimated processing and reception times by the company NATURAL SOFYA of the Articles that make up the order.
The delivery time for items ordered under the own brand on estimate corresponds to an indicative period of seven (7) days to fifteen (15) days from the day following that of the Buyer's validation of his order in the form of a 'deposit. This may be the proof of transfer or the receipt of the deposit on the bank account of the company.
For manufacturing, these deadlines only apply if all the elements are assembled and received to start manufacturing. The elements define the primary and secondary packaging, the labels, and any other products or annexes necessary for the production to start its work,
The design of white label products is done at the time of the order or upstream and on condition that a deposit is paid with the order. The design of a product requires an average manufacturing time of more than 6 days. To this period is added that of the carrier for routing to the delivery address. By express, there is an average of one week of delivery, if the carrier chooses the economy mode, the time to be expected will be 2 to 6 weeks,
These deadlines being only indicative, they will not be opposable to the company NATURAL SOFYA.
The company NATURAL SOFYA declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strikes.
.3 - Delivery process
Following the shipment of the order, the BUYER will receive an e-mail specifying the tracking number of his package. He can thus check the traceability of his package by clicking on the link provided for this purpose or by going to the carrier's website.
The BUYER is obliged to complete the document confirming receipt of the order or to send an email or message to Natural Sofya in order to justify the delivery and its condition,
He must return this document to the Supplier by e-mail within 24 hours of receipt by the BUYER. If the procedure has not been carried out, the company NATURAL SOFYA reserves the right not to take into account any complaint from the BUYER concerning the products that are the subject of this breach.
For the test order, the company NATURAL SOFYA receives the order in order to validate it and deposits it with the carriers chosen by mutual agreement with the BUYER.
Parcels are generally delivered between 48 working hours (in France, by Colissimo, UPS, DHL, etc.) and 5 to 10 working days (Colissimo Overseas / Colissimo International / Relay points) following the date of dispatch. If the BUYER is not present at the time of delivery, a transit advice note will be left by the Carrier in the recipient's mailbox to inform him of this. The BUYER, provided with an identity document, will then have to claim his parcel at the post office indicated on the notice of passage within 15 days at the latest.
In the event that the BUYER has not been able to collect his package, his delivery address is incorrect or the recipient is unknown, the package will be returned. The Buyer must quickly contact NATURAL SOFYA's customer service to report this situation.
NATURAL SOFYA will then offer the BUYER to resend his order a second time. Return shipping costs will be borne by the Buyer (for metropolitan France).
NATURAL SOFYA will also offer the BUYER to reimburse the full amount of the order. On the other hand, the amount of the forwarding will be invoiced to him (for metropolitan France).
For other destinations (outside metropolitan France), the actual price will be applied for the reshipment of the package. The price will be withheld pending the return of the package.
The BUYER has 60 days to come forward about unclaimed packages returned to the company NATURAL SOFYA.
In the event of late delivery in relation to the date indicated in the dispatch email, the BUYER must report this delay by email. NATURAL SOFYA will then contact the carrier to start an investigation. An investigation can last up to 21 days from the date of the start of the investigation.
If during this period, the product is found, it will be rerouted immediately.
If, on the other hand, the product is not found at the end of the 21-day period of investigation, the package will be considered lost. It is only then that NATURAL SOFYA may send the PURCHASER a replacement product, at NATURAL SOFYA's expense.
In the event of unavailability of the product(s) ordered, the company NATURAL SOFYA will reimburse the amount of the products concerned by the loss of the carrier.
4 - Delivery outside Metropolitan France
Any order placed on behalf of the BUYER of the company NATURAL SOFYA may be subject to any taxes or customs duties. These delivery costs are the responsibility of the BUYER and are his responsibility.
The NATURAL SOFYA company is not required to inform the BUYER of the taxes or customs duties applicable to the countries of delivery. It is up to the BUYER to inquire with his administration to find out the import procedures.
The company NATURAL SOFYA may intervene on the order of the BUYER to try to resolve any dispute resulting from the transport of the products or from an error.
ARTICLE 7 – RIGHT OF WITHDRAWAL
If the product ordered directly on the website does not meet the expectations of the BUYER, the latter has a period of fourteen clear days from receipt of the products ordered directly on the Site to exercise his right of withdrawal. by justifying its reason to the company NATURAL SOFYA. However, white label products no longer have a withdrawal period when production has started.
For products ordered on the website:
The customer must within this period declare their withdrawal by writing to the following address: Service Client Natural Sofya – 12 RUE ROMAIN GARY 16000 ANGOULÊME or by e-mail to the following address contact.naturalsofya@gmail.com.
The products must be returned within fourteen days of the declaration of withdrawal in new condition and in their original packaging, also in perfect condition.
Items damaged, opened or soiled by the BUYER will not be taken back, as well as products from tailor-made formulas.
The address to send the products to in the event of a return is as follows:
Natural Sofya – 12 rue Romain Gary 16000 ANGOULEME
For the return of products, Natural Sofya recommends that you send them by registered mail with acknowledgment of receipt.
Return costs are the responsibility of the Customer. “Postage paid by the addressee” or COD shipments will be refused.
According to the provisions of the Hamon law which came into force on June 13, 2014, personal hygiene products and cosmetics are excluded from the right of withdrawal. The right of withdrawal only applies to bath accessories, fashion accessories, herbal products and other product accessories.
However for the production in brand mark on estimate, the right of withdrawal does not apply and the products cannot be returned unless it is defective,
1.1 - Reimbursement terms
The NATURAL SOFYA company undertakes to exchange or refund the order using the same means of payment as that used for the purchase, this within a maximum of 14 days following its receipt by us.
The cost of returning merchandise cannot under any circumstances be reimbursed. For any new shipment, the shipping costs will also be invoiced under certain conditions. If it is proven that this refund request is linked to an error on our part, the shipping costs of the new shipment will be borne by the company NATURAL SOFYA.
1.2 - Damaged packages
- If the package arrives damaged at the BUYER, it must be refused upon receipt and returned to the company NATURAL SOFYA. The latter will be able to note the damage with the carrier and send a new package.
- If the package has been opened and the BUYER notices that the products have been damaged, he must return it in its entirety to the company NATURAL SOFYA so that it can also see the damage caused. The BUYER must take photos of the damage and inform the NATURAL SOFYA company by e-mail within 24 hours of receipt of the package. Upon receipt of the proofs and the package, the order will be returned identically at no additional cost.
ARTICLE 8 - Duration of the contract
These conditions apply throughout the duration of the transactions between the two parties.
Consequently, each of the Parties may terminate it, at any time, without having to justify its decision, provided that it complies with a notice of termination of 6 months before the effective termination of the contractual relationship.
The starting point of this period is the date of receipt of the notification sent to signify the termination of the contract, by registered letter with acknowledgment of receipt, to the co-contractor by the Party having taken the initiative of the termination. .
The Parties not intending to condition their commitment to a period of reflection, this contract takes effect on the day of the signature of the contract by the parties,
In accordance with the provisions of thearticle 1216 of the Civil Code, any assignment of this contract must be recorded in writing, under penalty of nullity.
ARTICLE 9–IMPREDICTIONS
In the event of a change in circumstances that were unforeseeable when the contract was concluded, in accordance with the provisions of article 1195 Civil Code, the Parties undertake to renegotiate this contract in good faith.
ARTICLE 10 - FORCE MAJEURE
The Parties cannot be held responsible for the non-execution or the delay in the execution of any of their obligations in the event of force majeure, within the meaning of article 1218 of the Civil Code.
Delivery times will be extended as long as the case of force majeure lasts.
ARTICLE 11 – CONFIDENTIALITY
The BUYER is prohibited from communicating information related to this contract and the products directly or indirectly to traders with similar or competing activities to those carried out by the distribution network, in any form and in any way whatsoever. .
The BUYER agrees throughout the duration of this contract and without limitation after its expiry to the most complete confidentiality. He also undertakes to ensure that this obligation of confidentiality is respected by all members of his staff, which he is strongly committed to with regard to NATURAL SOFYA.
If the BUYER reveals the complete formulas to competitors, he will be held liable unless a written agreement has been reached beforehand between the two parties.
ARTICLE 12 - FORCED EXECUTION IN KIND
The Party victim of a failure to perform may request the forced performance of its obligation from the co-contracting party or the termination of the contract by registered letter with acknowledgment of receipt, according to articles 1221 and following of the Civil Code.
ARTICLE 13 - DISPUTES
The BUYER undertakes to behave vis-à-vis NATURAL SOFYA, as a loyal partner and in good faith, and in particular to bring to the attention of NATURAL SOFYA without delay any dispute or any difficulty that he may encounter in the framework of the execution of this contract or its relations with its suppliers, creditors or customers.
NATURAL SOFYA undertakes to adopt the same behavior.
NATURAL SOFYA will keep confidential the files processed and the formulas marketed with the BUYER.
The BUYER is not authorized to make direct contact with the manufacturer of the products except in exceptional circumstances. A written authorization from NATURAL SOFYA must be sent and signed by both parties. If necessary, the supplier will be the sole intermediary of the BUYER.
The law applicable hereto is French law.
The Parties undertake to attempt an amicable resolution of any disputes prior to any referral to jurisdiction.
ARTICLE 14 – COMPUTER AND FREEDOM LAW
The BUYER is informed that the company NATURAL SOFYA implements the processing of personal data in order to enable it to ensure the management, invoicing, follow-up of its customers' files and prospecting. These data are necessary for the proper management of clients and are intended for the authorized services of our firm. In accordance with the Data Protection Act, individuals have a right of access to data concerning them, rectification, interrogation, opposition for legitimate reasons and prospecting at the following email address: contact. naturalsofya@gmail.com or by post to the address of the head office of the company NATURAL SOFYA (2 impasse du moulin des Dames, app 6, 16000 Angoulême), accompanied by a copy of a signed identity document.
ARTICLE 15 – PROTECTION OF PERSONAL DATA
The company NATURAL SOFYA implements the processing of personal data.
The processing of personal data implemented has the legal basis:
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The legitimate interest pursued by the company when pursuing the following purposes:
- prospecting and animation;
- management of the relationship with its customers and prospects;
- organization, registration and invitation to firm events.
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The execution of pre-contractual measures or of the contract when it implements processing for the purpose of:
- the production, management and follow-up of its clients' files;
- Recovery.
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Compliance with legal and regulatory obligations when implementing processing for the purpose of:
- the prevention of money laundering and terrorist financing and the fight against corruption;
- invoicing;
- accountability.
The company NATURAL SOFYA only keeps the data for the duration necessary for the operations for which they were collected as well as in compliance with the regulations in force.
In this respect, customer data is kept for the duration of the contractual relationship increased by 5 years for the purposes of animation and prospecting, without prejudice to storage obligations or limitation periods. In terms of preventing money laundering and terrorist financing, data is kept for 5 years after the end of relations with the firm. In terms of accounting, they are kept for 10 years from the end of the accounting year.
Prospect data is kept for a period of 3 years if no participation or registration in the firm's events has taken place.
The data processed is intended for the company NATURAL SOFYA, as well as its service providers.
Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, individuals have a right of access to data concerning them, rectification, interrogation, limitation, portability, 'erasure.
The persons concerned by the processing implemented also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data having as a legal basis the legitimate interest of the company NATURAL SOFYA, as well as a right of opposition to commercial prospecting.
They also have the right to define general and specific directives defining the way in which they intend to exercise, after their death, the rights mentioned above by e-mail to the following address: contact.naturalsofya@gmail.com or by postal mail to the following address: Natural Sofya, 12 RUE ROMAIN GARY, 16000 Angoulême, accompanied by a copy of a signed identity document.
Data subjects have the right to lodge a complaint with the CNIL (CNIL website:www.cnil.fr).
ARTICLE 15 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
Natural Sofya reserves the right to adapt or modify these general conditions of sale at any time. The new general conditions of sale will, if necessary, be brought to the attention of the customer by online modification and will only be applicable to sales made after the modification.