The present website BYTERRY.COM is published by the company LUXE ART BEAUTE LAB (BY TERRY) (LAB) with a share capital of whose registered office is located at 22-28-19 23 RUE CHANEZ 22 RUE ERLANGER 75016 PARIS, with a share capital of €1,746,000.00, registered with the Paris Trade and Companies Register (RCS) under number 41031896800196, and with the intra-community VAT number FR47410318968.

The purpose of the present General Terms and Conditions of Sale is to define the terms and conditions for the online sale of products on the Site.

By checking the corresponding box, the Buyer acknowledges having reviewed and expressly accepted them, without this acceptance being conditioned by a handwritten signature from the Buyer. It is specified that the Buyer may save or print the present general terms and conditions of sale, without modifying them.

BY TERRY reserves the right to modify the General Terms and Conditions of Sale at any time and without prior notice, it being specified that those applicable to the sale are those accepted by the Buyer when placing their order.

The present General Terms and Conditions of Sale apply to the exclusion of any other document.

The validation of the order through its confirmation constitutes acceptance by the buyer of the GTC in force on the day of the order, the preservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the French Civil Code (formerly C. civ., art. 1369-4).

2.1   Product Information:

Prior to placing an order, the Buyer may review the essential characteristics and the price of the products they wish to order on the website by clicking on them.

BY TERRY reserves the right at any time to add new products, remove certain products, or change their presentation
or price. The product information and prices applicable to the order are those appearing on the website at the moment the buyer validates their order.

2.2   Customer Service

For any information, questions, or
advice relating to the order or the products, BY TERRY Customer Service can be reached:

• Via the "Contact Us" section of the Site; by email at help@byterry.com

3.1 The different steps of the order process are as follows:

3.1.1 Ordering on the Site:

The Buyer selects the product(s) of their choice and adds them to the "Your Cart" section, where they can view the details of their order and modify it at any time.

The Buyer must then validate their contact details, billing address, location, and method of delivery, as well as the chosen payment method.

From the moment the Buyer confirms their order by clicking on the "Pay" icon, they are deemed to have definitively accepted all elements of their order: the content and characteristics of the products, price, quantities, postal address, delivery times, and terms of delivery.

This validation constitutes a firm and final acceptance, making the order irrevocable and non-modifiable retroactively.

3.2 Order Confirmation

BY TERRY sends the Buyer an email summarizing the terms and conditions of the order to the email address provided during the validation of the order.

The Buyer can track the progress of their order by reviewing the shipment confirmation email sent by BY TERRY.

If the Buyer wishes to obtain an invoice, they can request it from our customer service at the following address: help@byterry.com.

The information appearing on the invoice (name, billing address, etc.) corresponds exclusively to the data entered and validated by the Buyer at the time of payment. For legal, accounting, and compliance reasons, no modification of the invoice is possible once the order has been validated.

3.3 Product Unavailability

In the event that one or more product(s)
are unavailable, the Buyer will be informed on the Site and/or by email,
particularly in cases where the unavailability is discovered after the validation of the cart.

• If the order is entirely unavailable: The order will be automatically cancelled and the Buyer will be fully refunded for the total amount paid (including delivery fees within a maximum period of 14 business days from the notification of unavailability, via the payment method originally used).
• If the order is partially unavailable: The remainder of the order
  will be shipped. The Buyer will be refunded the price of the unavailable product(s) within a maximum period of fourteen (14) days from the notification of unavailability, via the payment method originally used.

BY TERRY cannot be held liable in the event of stock shortages or unavailability of Products, and no compensation of any kind may be claimed by the Buyer as a result.

3.4 Order Modification:

• By the Buyer: Once the order is confirmed and the payment is validated by the Buyer, the order is immediately transmitted to logistics for preparation.

Consequently, no modification of the order (change of delivery address, modification of an item, shade or quantity, etc.) can be processed by the Seller. The Buyer nevertheless retains their right of withdrawal after receiving the parcel, under the conditions provided for in Article [7. RIGHT OF WITHDRAWAL] of these GTC.

• By the Seller: The professional seller reserves theright to make such modifications to the product ordered as are linked to technical developments, under the conditions provided for in Article R.212-4 of the French Consumer Code.

3.5 Order Cancellation

BY TERRY reserves the right to suspend or cancel any Orders for a legitimate reason in accordance with Article L 121-11 of the French Consumer Code:

• Orders placed by professionals, orders of an abnormal nature, or abnormally repeated orders;
• Cases where the information provided by the Buyer is incomplete, inaccurate, or inconsistent;
• In the event of proven fraud
• In the event of non-payment or partial payment of the sums owed by the Buyer.

The Buyer may cancel their order by exercising their right of withdrawal under the conditions provided for in Article
7. RIGHT OF WITHDRAWAL.

4.1 Pricing:

The prices of our products are indicated in Euros (€) on the European website, and in British Pounds (£) or Dollars ($) on the English-speaking website. They are inclusive of all taxes (TTC), at the VAT rate in force on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the
Products.

Prices are subject to variation during the year. However, products are invoiced based on the rates in force at the time the order is validated by the Buyer.

4.2 Shipping Fees :

The indicated prices do not include delivery fees. These are invoiced additionally and calculated according to the amount and destination of the order. The exact amount of the shipping fees is
communicated to the Buyer before the final validation of their purchase.

4.3 Validity of Offers and Promotions:

 Promotional offers are valid within the limit of available stocks, during the indicated validity period or, in the absence thereof, for as long as they are displayed on the Site.

4.4 Application of Benefits (Promo Codes and Samples):

The Buyer is responsible for verifying their cart before finalizing their purchase. If a benefit (promotional code, discount, or free sample) has not been correctly applied before payment, the Seller reserves the right not to apply the offer retroactively and will not proceed with any refund of the difference or separate shipment of samples, as the validation of payment confirms the acceptance of the order as is.

5.1 Accepted Payment Methods:

Payment for orders can be made by payment card, including CB, Visa, Mastercard, and by American Express card.

Payment by bank check is not accepted.

For a standard order, the customer is generally debited immediately, or the debit appears within 1 to 2 business days from the date of the order, depending on the applicable banking processing times. BY TERRY retains full and complete ownership of the products sold until full collection of the price, including principal, fees, and taxes.

It is reminded that, in accordance with Article L.132-2 of the French Monetary and Financial Code, a payment commitment given by means of a payment card is irrevocable. By communicating their bank card information, the Buyer authorizes the debiting of their payment card.

The Buyer must transmit their bank card number, its expiration date, and the card verification value (CVV, a 3-digit number on the back of the bank card).

5.2 Payment Security and Data

The entire transaction is carried out in encrypted mode, and the Buyer's banking data does not pass through the Site but through the platform of the service provider Shopify, which secures payments and helps prevent credit card fraud.

BY TERRY reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum owed by the Buyer or in the event of a payment incident.

To facilitate the purchasing journey on the Site, the Buyer will have the option to save their banking data in an encrypted and secure manner via the option "Save my information for faster checkout". If the Buyer no longer wishes to use this option, they can delete their banking data or create new data at any time in the "Payment Method" section of the checkout journey.

6.1 Delivery Terms :

Products available on the European version of the site: (https://byterry.com/pages/livraison-eu)

can only be delivered to Metropolitan France, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, and Czechia.

Products available on the English-speaking version of the site (https://byterry.com/) can only be delivered to the United Kingdom and the United States.

Please note that islands attached to these countries are strictly excluded from our delivery zone.

During the order process, the Buyer may choose the delivery method that suits them best from among those offered.

6.2 Delivery Times:

The delivery time of the products depends on the delivery method and the geographical zone chosen by the Buyer when placing the order. Indicative delivery times are specified on the Site prior to final validation. Except in cases of force majeure or exceptional circumstances, the Products will be delivered to the Buyer within a maximum period of thirty (30) days from the confirmation of the order, in accordance with legal provisions.

Unclaimed or Refused Parcels:

If the Products are returned to BY TERRY due to an address error by the Buyer, an unjustified refusal of the parcel, or because the Buyer did not take possession of their parcel within the timeframe specified by the carrier:

• For shipments to the United States: The Buyer will be refunded the
  amount of their order, less the actual shipping costs incurred.
• For other destinations: The Buyer will be refunded the
  amount of the order.

6.3 Verification of the Order Upon Receipt:

The Buyer must immediately check the
condition of the parcel to raise any reservations directly with the carrier
upon delivery of the parcel.

The Buyer must then check the
conformity of the delivery with their order and inform BY TERRY Customer
Service as soon as possible of any anomaly or non-conformity.

7.1 Right of Withdrawal:

The Buyer has the right to withdraw from their order within a period of fourteen (14) calendar days starting from the day of receipt of the order. When the fourteen (14) day period expires on a Saturday, a Sunday, or a public or non-working holiday, it is extended until the next working day.

To exercise this right, the Buyer
must, before the expiration of the withdrawal period, inform BY TERRY of their decision through an unambiguous statement by means of:

• The return form included in the parcel;
• Or an email sent to BY TERRY Customer
  Service (see Article 1.2 of these General Terms and Conditions of Sale)
  including the following information: name, order number, and email
  address.

7.2 Return of Products:

The Buyer has a maximum period of
fourteen (14) calendar days from their withdrawal request to return the concerned Product(s), accompanied by all items provided at the time of purchase
and in their intact original box.

For hygiene reasons, the Products must be returned in their complete original packaging, intact, and in perfect condition for resale. The opening of a Product renders it unfit for any subsequent commercialization.

• Any product that has been opened, used,damaged, or whose original packaging is deteriorated can neither be returned nor refunded;
• In the event of a return of a box or a set, all the products making up that box or set must be returned.

It is specified that purchases made on the website BYTERRY.COM cannot be subject to any return or refund in boutiques, particularly in our BY TERRY boutique located at 21 Galerie Véro-Dodat, 75001 Paris, France.

Similarly, purchases made from official authorized retailers cannot be subject to any return processing or refund by BY TERRY. The Buyer must contact the customer service of the concerned retailer directly.

Returns are free of charge in Metropolitan France, Europe, and the United Kingdom (excluding the United States). To find out the return procedures, the Buyer is invited to contact our customer service by email at: help@byterry.com

7.3 Conditions for Refunding Products:

Any return accepted by BY TERRY will result in the refund of the returned products as well as the standard delivery fees (except in the event of a partial return of the order) within a maximum period of 14 calendar days from the recovery of the products or until the consumer has provided proof of shipment of these products, the date retained being that of the first of these events.

It should be specified that pursuant to Article L. 221-24 of the French Consumer Code, only standard delivery fees will be covered (amounts corresponding to express or special shipments will not be covered).

8.1 BY TERRY is liable for defects in the conformity of the Product under the conditions of Articles L. 217-4 of the French Consumer Code and for hidden defects of the product sold within the meaning of Articles 1641 of the French Civil Code.

8.2 To invoke either of the warranties set forth below, the Buyer may contact BY TERRY customer service.

When the Buyer acts under the legal warranty of conformity within the meaning of Articles L. 217-4 of the
French Consumer Code, they:

• Benefit from a period of two years from the delivery of the product to act;
• May request the replacement of the non-conforming product or the cancellation of the sale and receive a refund of the price;
• Are exempt from providing proof of the
  existence of the lack of conformity of the product during the twenty-four months following the delivery of the product.

When the Buyer decides to implement the legal warranty against hidden defects within the meaning of Articles 1641 of the French Civil Code, they may request the cancellation of the sale and receive a refund of the price. For any claim, the Buyer may contact BY TERRY Customer Service.

9.1 Limitation of Liability in Case of Third‑Party Intrusion or Force Majeure

BY TERRY shall not be held liable for any damages resulting from the fraudulent intrusion of a third party that has led to a modification of the information made available on the Site, in the event of fault by the Buyer, or in the event of force majeure as defined by law and the Courts.

9.2 Limitation of Liability to the Amount Paid by the Buyer

In the event that BY TERRY's liability should nevertheless be retained due to injury or loss suffered by the Buyer following the non-performance or improper performance of its services, such liability shall be limited to the amount of the order paid by the Buyer to BY TERRY.

As of the publication date of the present General Terms and Conditions of Sale, BY TERRY does not offer a loyalty program on the Site.

BY TERRY reserves the right to develop and implement a loyalty program for its Buyers at any time. If applicable, the membership conditions and terms of this program will be communicated to the Buyers and made accessible directly on the Site.

The information collected is subject to computer processing necessary for the management and follow-up of orders (including order taking, billing, shipping, refunds, claims, and after-sales service), the management of consumer reviews on purchased products, services, and content, and the management of consumer accounts (including the loyalty program, commercial animation, marketing prospection, statistics, as well as the selection of consumers to perform product tests).

For more information regarding BY TERRY's Personal Data Protection Policy and Cookie Policy, the Buyer can access them at the following link: Cookie and Personal Data Policy

12.1 Ownership of Intellectual Property Rights:

All intellectual property rights on the Site and the information composing it, including in all cases trademark rights, trade name rights, copyrights, and rights to the underlying software, remain established in the head of BY TERRY or its licensors, unless agreed otherwise. It is forbidden to use the Site in a manner by which a violation of the property (intellectual) rights or other rights of BY TERRY is committed. It is, among other things, forbidden to distribute, modify, transmit, or reproduce the Site, in whole or in part, in any form whatsoever. The insertion of hypertext links to all or part of the Site is prohibited without the prior written consent of BY TERRY.

12.2 Protection and Use of BY TERRY Trademarks:

BY TERRY is furthermore the owner of the trademarks present on the Site, which are regularly filed and registered with the National Institute of Intellectual Property (INPI), as well as any intellectual property element. The Buyer refrains from making any use whatsoever of BY TERRY's trademarks and, more generally, from infringing upon the intellectual and industrial property rights of BY TERRY.

12.3 Guarantees and Rights on Publications and Content:

In the context of using the Site and the community or interactive spaces (the "Sections"), the User may be led to share content (texts, photos, videos, hereinafter the "Publication" or the "Content").

The User confirms and warrants that:

• All Rights relating to the Publication and the Content belong to them and/or that they have been duly authorized by the individuals appearing therein to dispose of them;
• The individuals appearing in the Publication are of legal age in their countries of residence;
• The use by BY TERRY of the Publication and the Content does not infringe upon the rights of any third party.

BY TERRY reserves the right to disclose the identity of the User to a third party if the latter legitimately claims that their rights have been infringed by said Publication.

The User acknowledges and accepts that their Publication and Content may be subject to "viral" communication on third-party sites, a dissemination for which BY TERRY can under no circumstances be held liable.

12.4 Absence of Remuneration and Liability:

The User cannot hold BY TERRY, nor any person acting on its behalf, liable in the event of a third-party claim regarding the use of the Publication and/or Content. The User expressly accepts that BY TERRY is not liable for any payment, royalty, or financial compensation for the use of the Publication and Content, nor for any other intellectual property right in connection with them.

The User accepts and acknowledges that BY TERRY is under no obligation to use and/or exploit the Publication and/or Content in any way whatsoever, and that BY TERRY is free to delete any Publication and Content at any time, at its sole discretion. By publishing within a Section, the User accepts all these conditions.

12.5 Personal Data Protection:

The User consents to BY TERRY collecting the personal information they provide, and to its use and distribution in connection with the use of the Publication and Content. This
information may be transferred to third party partners of BY TERRY.

In accordance with the regulations in force (General Data Protection Regulation - GDPR and the French "Informatique et Libertés" Act No. 78-17 of January 6, 1978), the User has a right of access, rectification, opposition, restriction, and erasure of the data concerning them. These rights may be exercised with BY TERRY by contacting customer service at the following email address: help@byterry.com.

12.6 Modification of the Conditions,
Applicable Law, and Jurisdiction:

BY TERRY reserves the right to modify these conditions of use of the content at any time.

The present conditions are subject to French law. Any dispute relating to the interpretation, performance, or termination of these provisions shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.

13.1 Governing Law:

The present General Terms and Conditions of Sale are subject to French law.

13.2 Consumer Mediation and Jurisdiction:

In accordance with Ordinance No. 2015-1033 of August 20, 2015, and the application Decree No. 2015-1382 of October 30, 2015, any so-called consumer dispute, subject to Article L.152-2 of the French Consumer Code, may be subject to an amicable settlement through mediation with the CM2C – Centre de Médiation de la Consommation de Conciliateurs de Justice. Prior to referral to the CM2C by the consumer, the latter must have already contacted BY TERRY Customer Service and failed to obtain a response or satisfaction regarding their claim. To submit your dispute to the mediator, you may:

• Fill out the form on the CM2C website: File a Consumer Dispute
• Send your request by standard or
  registered mail to: CMAP Médiation Consommation, CM2C 49 Rue de Ponthieu, 75008 PARIS, or contact them at 01 89 47 00 14.

Whichever method is used to refer the matter to the CM2C, your request must contain the following elements to be processed rapidly: your postal, email, and telephone contact details, as well as the full name and address of our company, a brief statement of the facts, and proof of the prior steps taken with our company.

Any dispute arising under the present terms shall fall within the exclusive jurisdiction of the French courts, even in the event of a warranty claim or a plurality of defendants.