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These General Terms and Conditions of Sale are entered into between:
The company LAB, a simplified joint-stock company (société par actions simplifiée) with a share capital of 50.000 euros, registered with the Colmar Trade and Companies Register under number 752 516 930, whose registered office is located at 1 rue de la Clef des Champs, 68600 VOLGELSHEIM (France), represented by Mr Bruno HOSSENLOPP, its Chairman, operating in particular, under the trade name TERRE DE BOUGIES, the website accessible at the address www.terre-de-bougies.com (hereinafter the "Seller" or "LAB SAS") and the natural or legal person placing the Order (hereinafter the "Customer").
LAB SAS and the Customer are hereinafter referred to individually as the "Party" and collectively as the "Parties".
The Seller, LAB SAS, designs, selects and markets to a clientele of individuals and professionals a wide range of fragrances, perfumes, oils, waxes, wicks, containers, colourants and accessories intended for the artisanal and industrial creation of candles, diffusers, soaps, wax melts and scented home products, as well as the ancillary services relating thereto.
These General Terms and Conditions of Sale define the terms under which LAB SAS markets its Products and set out the respective rights and obligations of the Parties.
These General Terms and Conditions of Sale (hereinafter the "GTC") apply automatically and as of right to any Order placed with the Seller via the Site, without any restriction or reservation.
They prevail over any other document of the Customer, in particular over its own general terms and conditions of purchase, in accordance with Article L. 441-1 of the Code de commerce, save for the express written agreement of the Seller.
ANY ORDER IMPLIES THE EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE BY THE CUSTOMER OF THE GTC. BY VALIDATING THE ORDER, THE CUSTOMER ACKNOWLEDGES HAVING TAKEN FULL COGNISANCE OF THEM AND UNDERTAKES TO COMPLY WITH THEM WITHOUT RESERVATION.
The Customer acknowledges that it enters into this commitment having knowledge of all the economic, technical, health-related and commercial information necessary for its decision-making and enabling it to assess the nature and scope of this contractual commitment.
The version of the GTC applicable to the Order is the one in force on the Site on the date of validation of the Order by the Customer.
For the purposes of these GTC, the terms and expressions listed below and whose first letter is capitalised have the meaning attributed to them below, whether used in the singular or the plural:
The purpose of these GTC is to define the conditions under which the Seller markets to the Customer, from the Site, Products intended both for the artisanal creation by individuals, in the "Do It Yourself" (DIY) spirit, and for professional purposes.
The Customer acting in a professional capacity acknowledges that the protective provisions reserved for consumers are not applicable, subject to any mandatory rules that may apply where appropriate.
The GTC are systematically brought to the Customers' attention before placing an Order.
The Products offered for sale on the Site are described and presented with the greatest possible accuracy. They are the subject of a precise description including, as the case may be, the essential characteristics, the composition, the capacity, the precautions for use and, where applicable, the hazard pictograms provided for by the applicable regulations, in particular under règlement (CE) n° 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, known as the "CLP Regulation".
The cosmetic Products comply with the requirements of règlement (CE) n° 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products.
The photographs, illustrations and graphic representations of the Products are provided for information purposes and have no contractual value. They cannot bind the Seller, in particular owing to the chromatic variations inherent in the digitisation process and the differences in rendering between screens.
The offers of Products are valid as long as they are visible on the Site, subject to available stock. The availability indications shown on the Site are provided for information purposes and may change between the date of consultation of the Site and the date of validation of the Order.
In the event of unavailability after the placing of the Order, the Seller will inform the Customer by any means (email or telephone) and will offer them, at their choice, the cancellation of the Order with a refund of any sums possibly paid in respect of the unavailable Product, or the supply of a Product equivalent in quality and price.
The Products marketed by the Seller, in particular fragrances, scented oils, waxes, wicks and raw materials intended for the creation of candles, diffusers and cosmetics, are raw materials whose use requires compliance with good manufacturing practices, precautions for use and, where applicable, the applicable regulatory thresholds (in particular IFRA standards for fragrances, allergen dosages, CLP labelling).
It is the responsibility of the Customer, and in particular the Professional Customer who resells finished products incorporating the Seller's Products, to ensure compliance with all the regulatory obligations applicable to the marketing of the said finished products, in particular as regards notification to the European Cosmetic Products Portal (CPNP), labelling, stability testing, and the person responsible for placing on the market.
The Seller cannot be held liable for any non-compliant use of the Products or for any failure to bring the Customer's finished products into regulatory compliance.
The placing of an Order on the Site is subject to the prior creation of a Customer Account in accordance with the GTU or, where applicable, the entry in guest mode of the information necessary for the conclusion and performance of the Order.
The Customer warrants the accuracy, sincerity and updating of the information provided, in particular their identity, their delivery address, their billing address, their contact details and, when acting in a professional capacity, their intra-Community VAT number.
The Order is placed according to the following steps:
In accordance with Article 1127-2 of the Code civil, the Order is only definitively formed after the Customer has had the opportunity to check the details of their Order and its total price, and to correct any errors, before confirming it to express their acceptance.
The archiving of Orders is carried out by the Seller on a reliable and durable medium, in accordance with the provisions of Article L. 213-1 of the Code de la consommation for Orders whose amount exceeds the regulatory threshold.
The Order is deemed to be definitively formed from the written confirmation sent by the Seller to the Customer by email, to the address provided by the latter when placing the Order. This confirmation recalls the essential elements of the Order (Products, price, quantity, delivery costs, Delivery address, return and withdrawal conditions) and constitutes, for the Consumer Customer, the confirmation provided for in Article L. 221-13 of the Code de la consommation.
The Seller reserves the right to refuse or suspend any Order in the event of a legitimate reason, in particular in the event of a previous payment dispute with the Customer, a false declaration, a suspicion of fraud, prolonged unavailability of the Products, or an inability to fulfil the Delivery to the address provided.
When the Customer is a natural person acting as a consumer and the Order is placed at a distance, they have a right of withdrawal for a period of fourteen (14) days from the conclusion of the contract, under the conditions provided for by the applicable regulations.
In accordance with the provisions of Article L. 221-28 of the Code de la consommation, the right of withdrawal cannot be exercised for Products made according to the Customer's specifications or clearly personalised.
This concerns in particular Products made to measure, personalised at the Customer's request or manufactured according to specific characteristics chosen by the latter.
The Customer acknowledges being informed that Orders relating to such Products cannot give rise to any refund under the right of withdrawal, save for any mandatory legal provision to the contrary.
In accordance with the provisions of Article L. 221-28 of the Code de la consommation, the right of withdrawal cannot be exercised for Products that have been unsealed by the Customer after their delivery and that cannot be returned for reasons of hygiene or health protection.
This concerns in particular Products whose protective packaging, seal or any device guaranteeing their integrity has been opened, removed or altered after delivery, when their return to circulation is no longer possible for reasons relating to hygiene or health safety.
The Customer acknowledges being informed that any Order relating to such Products, once unsealed after their receipt, cannot give rise to any refund under the right of withdrawal, save for any mandatory legal provision to the contrary.
For Products not falling within the category of bespoke or personalised Products, the Customer has a right of withdrawal for a period of fourteen (14) days from the conclusion of the contract.
The Customer may exercise this right by sending to LAB SAS, before the expiry of the period, an unambiguous statement expressing their wish to withdraw, by the following means:
Any withdrawal request made beyond the legal period of fourteen (14) days cannot give rise to any refund.
When the Customer acts in a professional capacity, they are informed that they do not benefit from the right of withdrawal reserved for consumers, save for any mandatory legal provision to the contrary.
LAB SAS provides Delivery of the Products in mainland France, in the European territories and in several countries outside the European Union, including in particular Switzerland, according to the terms and rates specified on the Site when placing the Order.
LAB SAS's priority markets are, in addition to France, Spain, Italy, Germany, Belgium and Switzerland, without prejudice to the other destinations offered on the Site.
Orders received and whose payment is received in full before midday (12:00, Paris time) on a working day are processed the same day and dispatched within forty-eight (48) hours, subject to the availability of the Products and excluding promotional or high-activity periods.
The Delivery time communicated to the Customer on the Site and upon confirmation of the Order is calculated from the date of dispatch of the Products.
It is expressed in working days and does not take into account Saturdays, Sundays and public holidays (French or local, in particular in Alsace: Good Friday and 26 December).
In accordance with Article L. 216-1 of the Code de la consommation, LAB SAS undertakes to deliver the Product no later than thirty (30) days after the conclusion of the contract, failing a more precise date indicated when placing the Order.
The Customer can track the progress of their Order using a tracking number provided by LAB SAS or by the carrier.
Where LAB SAS has not complied with its Delivery obligation on the scheduled date or, failing that, within the period provided for herein, the Consumer Customer may, after having enjoined LAB SAS, by the same means and without result, to carry out the Delivery within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by a writing on another durable medium, in accordance with Article L. 216-6 of the Code de la consommation.
In the event of such termination, LAB SAS will refund the sums paid by the Consumer Customer within a maximum period of fourteen (14) days following the date on which the contract was terminated.
Upon receipt of the Products, the Customer is invited to check the general condition of the packaging and the conformity of the Products delivered with the Order. Any anomaly (apparent damage, damaged, opened or deteriorated parcel, broken, missing or incorrect Products) must imperatively be the subject of written, precise and detailed reservations on the Delivery note or on the document handed over by the carrier upon Delivery, signed by the Customer.
Regardless of the reservations made with the carrier, the Customer must also notify the anomaly to LAB SAS's customer service by email sent to team@terre-de-bougies.com as soon as possible, and in any event within forty-eight (48) hours of receipt of the parcel for apparent anomalies.
Any claim made beyond this period or not accompanied by the necessary photographs and supporting documents may make its processing more difficult, without however depriving the Consumer Customer of the rights they derive from the legal warranty of conformity and the warranty against hidden defects, under the conditions provided for in Article 8.3 hereof.
In the event of abnormal Delivery delay (more than seven (7) days compared to the announced time), the Customer is invited to contact LAB SAS's customer service, which will forward the information to the relevant carrier (in particular Colissimo, Chronopost, DHL, UPS or DPD) for the opening of an investigation.
The maximum duration of a carrier investigation is generally twenty-one (21) days from its opening. If the Product is found during this period, it is immediately re-routed to the Customer. At the end of this period, in the absence of location of the Product, the latter is considered lost: LAB SAS will then proceed, at its expense, either with the dispatch of a replacement parcel, or, in the event of unavailability of the Products concerned, with the full refund of the corresponding sums.
LAB SAS retains ownership of the Products sold until full payment of the price by the Customer, in accordance with Articles 2367 et seq. of the Code civil.
However, the risks of loss, theft, deterioration or damage to the Products are transferred to the Customer as soon as they are delivered or handed over to the carrier when the latter is responsible for the routing on behalf of the Customer.
The Customer undertakes to:
The Customer is solely responsible for the use it makes of the Products, as well as for the decisions, actions and operational implementations that it chooses to undertake on the basis of the analyses, methods, exchanges and recommendations communicated by LAB SAS.
The Customer acknowledges that any use of the Product outside its purpose is its sole responsibility.
The Customer warrants that it has the full legal capacity, power and authority necessary to sign and perform the GTC and to perform its obligations hereunder. The GTC constitute a valid, binding and enforceable obligation on the Customer, within the limits of the applicable regulations.
The Customer warrants:
The Customer is informed that the products marketed by LAB SAS (in particular fragrances, perfumes, oils, waxes, wicks, containers, colourants and accessories) are intended for professional or informed use, in the context of the artisanal or industrial creation of candles, diffusers, soaps, wax melts and other scented home products.
LAB SAS cannot be held liable for damage, direct or indirect, resulting from improper, unsuitable or non-compliant use of the Products, in particular in the event of non-compliance with the precautions for use and safety standards.
The Customer acknowledges that the Products constitute raw materials or components intended to be transformed. As such, they do not constitute finished products ready for use and therefore require compliance with the rules of manufacture and safety.
LAB SAS provides no warranty as to the final result obtained by the Customer, the latter remaining solely responsible for the formulations, mixtures, dosages, transformations and uses of the Products purchased.
The Customer is in particular solely responsible for:
This clause does not preclude LAB SAS from being held liable in the event of gross negligence, wilful misconduct, breach of an essential legal obligation or personal injury, in accordance with the applicable legal provisions.
The Professional Customer acknowledges that the Products sold by LAB SAS may be used, alone or incorporated into other elements, for the manufacture, transformation, packaging, repackaging, resale or marketing of products under its own responsibility.
The Professional Customer remains solely responsible for the use it makes of the Products, as well as for the products it manufactures, transforms, packages, repackages, resells, distributes or markets from them.
As such, the Professional Customer is solely responsible, without this list being exhaustive, for:
The information, advice, recommendations, indicative dosages, technical data sheets, safety data sheets or other documents communicated by LAB SAS are provided for information purposes.
They do not constitute a validation of the Professional Customer's final formula, nor a warranty of conformity, safety, performance or fitness for marketing of the products it manufactures or resells.
It is the responsibility of the Professional Customer to carry out, under its sole responsibility, its own analyses, tests, verifications, regulatory procedures and prior validations before any resale, incorporation, transformation, repackaging, distribution or marketing of the Products or of the products derived from them.
Save for the prior and express written agreement of LAB SAS, no exploitation of the Products by the Professional Customer may be interpreted as conferring on it the status of official reseller, approved distributor, commercial partner, representative, agent or affiliate of LAB SAS.
LAB SAS is subject to a mere obligation of means under the GTC.
LAB SAS undertakes in particular to:
The Customer is informed that the sole purpose of these GTC is to define the conditions under which the Products are sold and delivered by LAB SAS in the context of Orders placed on the Site.
LAB SAS undertakes to implement all reasonable means to ensure the marketing of the Products and the performance of the Orders in accordance with these terms.
LAB SAS cannot be held liable for direct or indirect damage resulting from non-compliant use of the Products by the Customer, in particular from use contrary to the precautions for use appearing on the packaging or the instructions, to the IFRA standards applicable to fragrances, to the regulatory incorporation thresholds, or to good manufacturing practices. It is incumbent on the Customer, in particular the Professional Customer, to carry out the tests of stability, tolerance and regulatory compliance necessary on the finished products it markets from LAB SAS's Products.
With regard to the Professional Customer, LAB SAS's liability, all causes combined, is expressly limited to the amount excluding tax actually paid by the Professional Customer in respect of the Order giving rise to the damage. Indirect damage is excluded and in particular, without this list being exhaustive, loss of turnover, margin, clientele, reputation or opportunity, as well as any action brought against the Professional Customer by a third party. These limitations do not apply in the event of wilful misconduct, gross negligence or harm to the physical integrity of persons, in accordance with the applicable mandatory provisions.
LAB SAS cannot be held liable for the finished products, transformed products, mixtures, creations, compositions, packaging, repackaging or products marketed by the Professional Customer from the Products, save for a defect specific to the Product delivered by LAB SAS duly established. LAB SAS's liability cannot in particular be sought in respect of the final formulation, labelling, safety, regulatory compliance, traceability, storage, preservation, placing on the market or marketing of the Professional Customer's products.
No provision hereof may limit or exclude LAB SAS's liability in cases where such limitation or exclusion would be prohibited by the applicable law, and in particular with regard to the Consumer Customer.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of the appearance of a lack of 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 longer than two years, the legal warranty applies to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if they bear the costs of installation of 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 is also entitled to a reduction in the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies the reduction in price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to the termination of the sale if the lack of conformity is minor.
Any period of immobilisation of the goods with a view to their repair or replacement suspends the warranty that remained to run until the delivery of the reconditioned goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the code de la consommation. The seller who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of 300 000 euros, which may be increased up to 10 % of the average annual turnover (Article L. 241-5 of the code de la consommation).
The consumer also benefits from the legal warranty against hidden defects pursuant to articles 1641 à 1649 of the code civil, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the goods are kept or to a full refund against return of the goods.
LAB SAS also remains liable for the legal warranty against hidden defects affecting the Products, in accordance with articles 1641 à 1649 of the Code civil.
This warranty applies to hidden defects, not apparent at the time of sale, rendering the Product unfit for the use for which it is intended or so diminishing this use that the Customer would not have acquired it, or would have given only a lower price for it, had they known of them.
In this context, the Customer may choose between returning the Product against a refund of the price, or keeping the Product against a refund of part of the price.
The action resulting from hidden defects must be brought within a period of two (2) years from the discovery of the defect.
Excluded from the warranties, within the limits authorised by law, are:
These exclusions do not deprive the Consumer Customer of the legal warranties from which they benefit under the applicable mandatory provisions.
The prices of the Products are indicated on the Site in euros, excluding tax and inclusive of all taxes, for the Consumer Customer residing in the European Union. They are firm and cannot be negotiated.
The prices of the Products are indicated on the Site in euros, excluding tax, for the Professional Customer. The applicable value added tax is added upon invoicing in accordance with the applicable tax rules.
For intra-Community sales to a Professional Customer established in another Member State of the European Union and holding a valid intra-Community VAT number, verifiable via the European Commission's VIES database, LAB SAS applies the VAT exemption regime provided for in Article 138 of directive 2006/112/CE and in Article 262 ter, I of the Code général des impôts.
Sales to countries outside the European Union (in particular Switzerland) are made excluding tax. Any customs duties, administrative fees and local taxes are the exclusive responsibility of the Customer, who is expressly informed that they may have to pay them upon receipt of the Products.
LAB SAS reserves the right to modify its prices at any time, it being understood that the Products will be invoiced on the basis of the rates in force at the time of validation of the Order, subject to the actual availability of the Products.
The discounts, special offers and promotional codes possibly offered by LAB SAS are valid only during the period indicated and subject to the specific conditions mentioned.
They cannot be combined, unless otherwise indicated, and can in no case give rise to a refund or compensation in the event of non-use.
Payment is due in accordance with the terms indicated when placing the Order.
Where the Order provides for the payment of a deposit, this constitutes a firm commitment by the Customer to pay the total price according to the schedule chosen when placing the Order. The deposits paid are non-refundable and remain acquired by LAB SAS as a lump-sum indemnity, without prejudice to LAB SAS's right to claim payment of the balance of the price in accordance with the agreed schedule.
The accepted means of payment are indicated on the Site, and include in particular the main payment cards (Visa, Mastercard) and, where applicable, the PayPal service or any other duly approved payment service provider.
Online payments are secured by means of a data encryption protocol (SSL/TLS). The Customer's banking details are neither stored nor accessible by LAB SAS, which only intervenes in respect of the transmission of the transaction to the payment service provider.
LAB SAS cannot be held liable in the event of fraudulent use of a means of payment used during an Order, nor for the consequences resulting from a payment made without the authorisation of the holder of the means of payment concerned.
An invoice is issued by LAB SAS for each Order and made available to the Customer on their Customer Account or sent by email.
The Customer can print or download their invoice from their Customer Account.
LAB SAS remains the holder of all the intellectual property rights relating to the Site, to its trademark, as well as to all their components, in particular, without this list being exhaustive, the visuals, photographs, texts, Product descriptions, logos, graphic charters, databases, catalogues, technical data sheets, marketing content, documentation and improvements.
These elements, whether or not protected by an intellectual property right, fall within the know-how and the own assets of LAB SAS and are not subject to any transfer of rights for the benefit of the Customer hereunder.
LAB SAS grants the Customer a personal, non-exclusive, non-assignable and non-transferable right of access to and use of the Site and its contents, strictly limited to normal use in the context of consulting the Site and placing Orders.
The Customer remains the sole holder of the rights to the content, data, information and elements that it communicates to LAB SAS in the context of Orders, in particular reviews, comments, messages or content transmitted via the Site.
The Customer grants LAB SAS, solely for the needs of the performance of the Orders and, where applicable, the commercial promotion of the Site (in particular publication of reviews), a non-exclusive, non-transferable right of use limited to the duration necessary for these purposes, relating to this content.
The purchase of Products from LAB SAS does not entail any assignment, licence, authorisation or right of use over the trademarks, company names, trade names, business signs, domain names, logos, visuals, photographs, descriptions, technical data sheets, Site content, commercial documents or any other distinctive sign, content or element belonging to LAB SAS or exploited by it.
Save for the prior and express written agreement of LAB SAS, the Customer refrains from presenting itself, directly or indirectly, as an official reseller, approved distributor, commercial partner, representative, agent, affiliate or authorised contact of LAB SAS, of Terre de Bougies, of TDB Solution or of any other trademark exploited by LAB SAS.
The Customer also refrains from any communication, presentation, use of distinctive signs, layout, referencing, commercial support, packaging, product sheet, publication, social network account, domain name or advertising likely to create, in the mind of the public, its customers or third parties, confusion as to the existence of an official partnership, a commercial authorisation, an approved distribution or an institutional link with LAB SAS.
Any possible authorisation to use the trademark, visuals, content, commercial documents or joint communication must be the subject of a prior written agreement, which specifies its scope, duration, territory, the authorised media and the conditions of use.
The Customer refrains, directly or indirectly, from:
Any non-compliant use is likely to entail any appropriate measure, in particular the suspension of access to the Site, in accordance with the GTU, without prejudice to the damages that LAB SAS may claim.
In accordance with French Act No 78-17 of 6 January 1978, as amended, on information technology, data files and civil liberties, known as the "Loi Informatique et Libertés", and with Règlement (UE) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("RGPD"), Customers are informed that LAB SAS carries out processing of personal data in the context of the management of Orders and the commercial relationship.
The personal data collected are processed in particular for the following purposes:
The data collected are strictly necessary for these purposes and are not used for other purposes without prior information to the Customer or, where applicable, their consent when this is required.
The personal data may be transmitted to the subcontractors and technical service providers of LAB SAS involved in the context of the performance of the Orders (in particular hosting of the site, payment providers, carriers, marketing tools), within the limits of their respective responsibilities and subject to appropriate guarantees.
Each Customer has a right of access, rectification, deletion, limitation, portability and opposition to the processing of the data concerning them, under the conditions provided for by the applicable regulations.
To this end, they may contact the customer service by email at the following address: team@terre-de-bougies.com.
LAB SAS undertakes:
In the context of the performance of these GTC, LAB SAS acts as data controller for the data it collects and processes.
Each Party undertakes to keep strictly confidential all the information, data, documents and elements of any nature, technical, commercial, financial or strategic, communicated by the other Party or brought to its knowledge in the context of the performance of the GTC, whether or not identified as confidential.
The confidential information may only be used for the needs of the performance of the GTC and may not be disclosed to third parties, except to the employees, service providers or subcontractors of the receiving Party who need to know it and are subject to an equivalent obligation of confidentiality.
This obligation does not apply to information that is or becomes public without breach of the GTC, that was legitimately known to the receiving Party before its communication, or that must be disclosed pursuant to a legal or regulatory obligation.
The obligation of confidentiality applies throughout the duration of the GTC and for a period of five (5) years from its termination, for whatever reason.
Expressly, cases of force majeure or fortuitous events are considered to be those usually recognised by the case law of the French courts, as well as any event reasonably beyond the control of the Party invoking it, unforeseeable at the conclusion of the contract and whose effects cannot be avoided by appropriate measures.
In particular, the following are considered cases of force majeure, without this list being exhaustive: natural disasters, fires, floods, earthquakes, governmental or regulatory acts, external strikes, social conflicts, epidemics or pandemics, failure of telecommunications networks or Internet access, general outages, major technical incidents, cyberattacks, acts of computer hacking, or failure of technical service providers beyond the control of LAB SAS.
The Party invoking a case of force majeure must inform the other Party as soon as possible by any written means.
The performance of the affected obligations is suspended for the entire duration of the force majeure event, without the liability of either Party being incurred in this respect.
The Party invoking force majeure must do everything possible to reduce as far as possible the harmful effects resulting from this situation.
If the force majeure event continues beyond a period of three (3) consecutive months, each Party may terminate the contractual relationship as of right by written notification, without indemnity on either side.
For any question relating to the Products, the Orders or the performance of these GTC, the Customer may contact LAB SAS's customer service:
LAB SAS will endeavour to provide a response to any claim within a reasonable time.
The Contractual Documentation represents the entirety of the Parties' agreement relating to its subject matter and replaces all prior agreements, oral or written, between the Parties.
LAB SAS reserves the right to modify, at any time, the GTC in order in particular to take into account any legal, regulatory, case-law, editorial, functional or technical development. The version applicable to a given Order is the one in force on the Site on the date of validation of the Order.
If any of the provisions of the GTC were to be declared void, illegal or inapplicable, in whole or in part, by a final decision of a competent court or by any legislative or regulatory development, the other provisions would retain all their force and scope.
The fact that the Parties do not exercise a right or prerogative derived from these terms cannot be interpreted as a waiver of the right to invoke it subsequently.
The GTC are drafted in the French language. In the event of translation of the GTC into one or more other languages, only the text drafted in French shall prevail between the Parties in the event of a dispute, without prejudice to the mandatory provisions applicable to the Consumer Customer under the law of their country of habitual residence.
The files, data and messages kept in LAB SAS's computer systems shall be admitted as evidence of the acts and facts occurring between the Parties.
The preservation of the records shall be presumed, unless proven otherwise, to have taken place under reasonable conditions of security if the messages, data and other documents are systematically recorded on a reliable and durable medium.
These GTC are governed by French law.
For any Consumer Customer (non-professional), in accordance with Articles L.211-3 and L.612-1 of the Code de la consommation, any dispute relating to the validity, interpretation, performance, non-performance, interruption or termination of these GTC may, after a prior written claim sent to LAB SAS and left without an amicable solution, be submitted to a consumer mediator.
Recourse to consumer mediation is free of charge for the Consumer Customer.
You can contact the following mediator:
In the event of a consumer dispute, you can declare it directly on the CM2C platform at the address: https://www.cm2c.net
CM2C, 49 rue de Ponthieu, 75008 Paris — contact@cm2c.net — +33 (0)1 89 47 00 14
The Customer and LAB SAS nevertheless remain free to accept or refuse recourse to consumer mediation. Furthermore, the solution possibly proposed by the consumer mediator shall not be binding on the Customer and LAB SAS, who may waive it.
Failing an amicable solution, any dispute relating to the validity, performance and/or interpretation of the GTC shall be submitted to the courts having jurisdiction under ordinary law.
For any Professional Customer, in the event of a disagreement between the Customer and LAB SAS, the Customer must inform LAB SAS by means of a registered letter with acknowledgement of receipt. Upon receipt of the said letter, and within a period of fifteen (15) days, LAB SAS will propose an amicable settlement of the dispute. In the event of failure of this attempt or absence of response, the Customer may bring its dispute before the courts having jurisdiction.
The Customer and LAB SAS consequently undertake to follow the amicable settlement procedure before referring the matter to the courts.
FAILING AN AMICABLE SOLUTION FOR PROFESSIONAL CUSTOMERS, ALL DISPUTES RELATING TO THE APPLICATION, INTERPRETATION OR PERFORMANCE OF THE GTC OR THOSE THAT WILL BE THE RESULT OR CONSEQUENCE THEREOF SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF COLMAR, EVEN IN THE EVENT OF A WARRANTY CLAIM OR PLURALITY OF DEFENDANTS.
(Please complete and return this form only if you wish to withdraw from the contract)
You may also notify your withdrawal online, on our returns portal: https://terre-de-bougies.shipping-portal.com/rp/.
For the attention of:
LAB SAS, Terre de Bougies
1 rue de la Clef des Champs
68600 VOLGELSHEIM, France
Telephone: +33 (0)3 89 22 77 65
Email: team@terre-de-bougies.com
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Date:
Signature:
I acknowledge that this withdrawal is exercised in compliance with the applicable legal conditions and provided that the right of withdrawal is not excluded, in particular in the event of immediate performance of the contract with express waiver of the said right.
Last updated: 23 July 2026
