General Terms and Conditions of Sale

Latest version: September 30, 2021

ARTICLE 1. DEFINITIONS

“Review(s)” means without distinction any opinion, advice, information or recommendation on a Product published by a User on the website.

“Customer” means any User above legal age who buys one or several Products on the Website for their personal use. The User’s rights and obligations necessarily apply to the Customer.

“Purchase” means the online sales contract established between LAST and the Customer.

“GTCS” means these general terms and conditions of sale.

“LAST” means GLOBAL BIOENERGIES company, “Societe Anonyme“ registered in the Trade and Companies Register of Evry under number 508 596 012, whose registered office is located 5 rue Henri Desbruères – 91000 Evry-Courcouronnes (France) and operates the brand LAST.

“Party” or “Parties” means LAST and the Customer, separately or jointly.

“Product” means any cosmetic product sold by LAST on the Website.

“User” means any person browsing the website, whether they be a Customer or not.

“Website” means the online sales website colors-that-last.com on which Products are sold.

ARTICLE 2. GTCS PURPOSE

The purpose of the GTCS is to:

- inform all Users on the conditions and practicalities according to which (i) they can browse the Website, (ii) LAST sells Products via the Website and (iii) Purchase Orders are made by the Customer and processed by LAST,

- define the Parties’ rights and obligations within the framework of their legally binding link.

Any browsing over the Website and Purchase Order implies prior deliberate and absolute agreement to the GTCS which the User acknowledges to have read. This agreement is not conditioned to a handwritten signature.

GTCS supersede any other document, unless specific conditions are agreed to in writing by LAST.

ARTICLE 3. PRODUCTS

a. Description

LAST endeavors to deliver an accurate presentation of its Products on the Website. Product photographs and texts displaying main characteristics are given for information purposes only, in such a way that LAST shall not be liable under any circumstance for potential variations in Product representation on the Website.

The Customer commits to reading the main characteristics of each Product they wish to purchase, prior to placing and Order, and to check that they meet their expectations.

For any advice or additional information on a Product, the Customer can contact customer service via e-mail at lily@colors-that-last.com.

b. Availability

Products are shown while stocks last. While LAST pays close attention to its Product availability on the Website, LAST does not guarantee the availability of the Products listed on the Website and reserves the right to withdraw Products from sale at any time.

In case one or several Products are unavailable after an Order has been confirmed, LAST will inform the Customer by e-mail as soon as possible.

Should part of the Products in the Order be unavailable, the Customer's bank account will be charged for the price of the available Products as well as any shipping costs, and then the said available Products will be delivered. Should the said unavailability result in the total amount of the Order being inferior to the threshold allowing free delivery, the delivery costs will be free of cost to the Customer.

Should all of the Products in the Order be unavailable, the Order will be canceled and the Customer's bank account will not be charged or, if it has already been charged, the Customer will get a full refund for the price of the Products and any shipping costs.

c. Customer Reviews

Any Customer has the opportunity to write one or more Reviews on the Product(s) they have purchased on the Website.

Hence, ten (10) days after the dispatch of an Order, the Customer will receive an email from LAST inviting him to file on the Website one or more Reviews on the Product(s) concerned.

To file a Review, the Customer must go to the page dedicated to the Product concerned, click on "Write a review" in the "Reviews" tab and must:

• enter his first names, last name and e-mail address in order to allow LAST to identify him and, if necessary, to contact him and ensure the authenticity of the Review (this information is neither visible nor accessible by other Users). Only the first letter of the Client's name will be used for the publication of the Customer's Review;
• give an overall satisfaction rating, ranking from one to five stars,
• express a comment on the Product using a readable and understandable language excluding the use of SMS type language.

The Customer has the possibility of illustrating or supplementing his Review with a photograph or a video produced for the purposes of presenting the Product concerned.

After verification of the Review authenticity by LAST, the Review may be published on the Website and visible to all Users on the page of the Product concerned until the said Product is de-listed.

Any Customer undertakes to write a Review on a Product that they have actually used and which testifies to their personal experience relating to the use of said Product. As such, Opinions cannot replace or be considered as medical advice.

No Customer receives any consideration, financial or otherwise, in exchange for filing a Review.

LAST reserves the right to refuse to publish or delete a Review if it violates the GTC or if it is used as a medium for the dissemination of content that violates good morals and public order, in particular:

• indecent, abusive, obscene, racist or defamatory remarks,
• comments undermining respect for the human person or their dignity, equality between women and men or the protection of children and teenagers,
• statements encouraging crimes and misdemeanors,
• personal information,
• content for professional, commercial or political purposes,
• content protected by intellectual property rights and for which the Customer has no rights,
• and, more generally, of content establishing an abuse in the exercise of freedom of expression, in particular consisting of a systematic and non-objective criticism of the Products and LAST.

Reviews are published under the sole and entire responsibility of the Customers who submitted them, so that LAST cannot be held responsible for their content.

Any Customer submitting a Review on the Website guarantees to LAST that he holds all the rights relating to his Review and expressly authorizes LAST to use his Review in the context of its marketing and / or in its advertising.

 

ARTICLE 4. PRICE

Product prices are quoted in Euro, inclusive of all taxes (including VAT), but do not include shipping costs, which will be indicated on the Order overview before the Customer’s final approval. Shipping costs vary according to the shipping method selected by the Customer.

The price billed to the Customer is the total price specified in the Order overview at the "Confirm Order" stage, prior to the Customer’s confirmation of the Order, and in the Order confirmation e-mail. It includes shipping costs.

LAST retains the right to change the price of the Products at any time, it being specified that these changes will have no effect on Orders that have already been confirmed by the Customer prior to the said changes, and provided that the Products ordered are available.

Special offers are valid within the limits of available stocks during the period indicated in the offer and, if not, as long as they are displayed on the Website.

LAST is and remains the owner of any Product ordered by the Customer until the Customer has paid the total price of the Order, including shipping costs.

The Customer shall return to LAST without delay any delivered Product for which it would not have entirely or partially paid the price.

ARTICLE 5. PURCHASE

LAST sells retail Products to end consumers. Therefore, the Customer is aware that Products must be intended for personal use and under no circumstances for commercial purposes (resale, distribution...), so that no more than five (5) Products of the same reference may be ordered on the Website and/or that an order of over five hundred (500) euros all taxes included may not be placed. Similarly, the Customer may not place more than three (3) orders per day. Any Order that does not comply with one or all of these conditions shall be considered a fraudulent Order and, consequently, LAST may consider it as null and void.

Any User can freely browse the Website without any obligation to buy. The User who would like to place an Order must select the desired Product(s) and add them to their virtual shopping cart. To place an Order, the Customer must be of legal age, have legal capacity and own a credit card. Under no circumstances can LAST be held responsible for checking the legal capacity of the Customer. Consequently, should a person with no legal capacity order Products on the Website, their legal guardians shall be held fully responsible for the Order and shall be required to pay for it.

Orders can be placed either via a personal account that was created or to be created on the Website, or in guest mode.

A personal account can be created by clicking on "account" and then "Create an account" anytime during your visit on the Website. Certain information is required to place an Order, while other information is optional and is only used to get to know you better. The personal account, accessible through the Custome eamil address and his chosen password chosen, enables the Customer to track their Order history, and manage the billing and delivery addresses. The Customer shall not disclose their password to any third party and shall remain solely responsible for the use of their personal account.

Placing an Order in guest mode, meaning without creating a personal account, implies filling out a form with the Customer email address, the first name and last nameincluding also necessary information for the payment of the Order and its shipping.

LAST shall not be held liable for any mistake made by the Customer in the information provided that may prevent the Order from being finalized or shipped.

The Customer can check the content and amount of his basket at any time and, if needed, make changes by clicking on the "Previous Step" icon to correct any mistakes made during the Product selection process. Once the Customer has completed the payment for the Order by clicking on the "Pay [amount of the order]" icon, the Customer may no longer cancel or change the Order, except when performing their right of withdrawal.

An Order is confirmed when the Customer pays its total price and then receives a confirmation e-mail including an overview of the Products ordered, the total price, the shipping costs and the order number. The Customer understands that placing an Order obliges them to pay for it and that LAST is entitled to charge the full price of the Purchase Order from the moment the Order is confirmed.

The invoice for the Order is accessible on the Website in the Customer account section or the Customer can get it on written request to customer service by email at lily@colors-that-last.com.

Unless the Customer performs their right of withdrawal as defined in article 8, the Order concluded between LAST and the Customer is irrevocable. However, LAST has the right to refuse, suspend or cancel an Order, regardless of its nature, its amount or its degree of completion, in case of:

- full or partial non-payment of the Order or of a previous Order;

- payment incident or payment denial from banking organizations;

- fraudulent or presumed fraudulent orders;

- an existing dispute with the Customer.:

If an Order is refused, suspended or canceled for any of the above reasons, LAST will promptly inform the Customer, stating why the Order was refused.

LAST advises the Customer to keep a printed and/or electronic copy of the Order overview as well as all e-mails related to the Order. The Parties agree that all e-mail exchanges between them about the Order, as well as the automatic filing system used by the Website, shall be considered as evidence regarding the exactitude of their legally binding relation.

ARTICLE 6. PAYMENT

All Orders placed on the Website can be paid in Euro. Exchange rate fees or banking fees might apply to the Customer, namely if a card with a currency other than Euro is used.

The payment of the Order by the Customer is done directly onto the Website by certain cards such as Visa and MasterCard or via Paypal, as well as with e-gift cards.

For credit card payments, the Customer will insert their card number, expiry date, name of the holder and visual cryptogram.

For Paypal payments, the Customer will be redirected towards the Paypal page to log in and confirm the payment, and will then be redirected towards the Website to confirm their Order.

In any case, the Customer declares and guarantees to LAST that they are using a payment method for which they have all necessary authorizations at the time the Order is confirmed.

The Customer’s account is charged the moment the Order is confirmed.

All transactions on the Website are secured by Internet payments security protocol, 3D Secure and by a secure payment operator, Ogone. All information exchanged for the payment is encrypted with the SSL protocol (Secure Socket Layer). Payment security is also ensured by FPS Web.

In any case, LAST shall not be held liable for fraudulent use of any payment method undetected during the payment process.

As part of the fight against Internet fraud, information regarding the Customer’s Order may be transmitted to a judiciary or legally authorized authority to check the Customer’s identity, the payment method used or the planned delivery location.

ARTICLE 7. SHIPPING AND PICKUP

a. Shipping terms

The Products ordered by the Customer are shipped to the address indicated by the Customer as their delivery address or the pickup point selected by the Customer when placing the Order.

LAST ships to mainland France and Corsica. For any shipping outside of these territories, the Customer shall plan, on their own, transportation between LAST warehouses and their delivery address and pay the resulting costs. To do so, they will need to contact customer service via e-mail at lily@colors-that-last.com.

As a reference, a delivery date is mentioned in the order confirmation e-mail and includes Order processing, shipping and delivery to the Customer’s selected location. It takes effect the moment the Customer confirms the Order and, except in the event of a specific case, only takes business days into account (Monday to Saturday), and exludes bank holidays. The Customer acknowledges and accepts exceptional delays in shipping may occur in a force majeure case (namely, bad weather conditions, strikes) or high seasonal demand (namely, Mother’s Day and Christmas).

The shipping time frame and shipping costs of the Order depend on the shipping method and location selected by the Customer when placing the Order. They may vary depending on the country of delivery. Shipping costs are free for any Order above fifty (50) euros. An overview chart of country-specific shipping costs is available here.

The Customer can view the progress of their Order at any time by checking the “My Order” section in their personal account.

If the Customer is away during delivery to the indicated address, a delivery notice will be dropped in their mailbox. The Customer shall then be responsible for establishing contact with the carrier to plan a new delivery time or, if applicable, pick up his Order from the post office in the time frame stated on the delivery notice.

Any Order that fails to be picked up from the pickup points or delivery address indicated by the Customer, carrier or post office shall be returned to LAST within fifteen (15) days following the day of initial delivery. The Customer shall not be eligible for a new shipping for the Order and will need to place a new Order. LAST shall promptly inform the Customer via e-mail, and will refund the total amount of the Order, excluding shipping costs.

Should the shipping fail, with no responsibility on the Customer’s end, the Customer shall notify LAST within fifteen (15) days, following the day the Order was placed, by contacting customer service via e-mail at lily@colors-that-last.com so the latter can investigate. Should the package be found during the investigation, it will immediately be sent back to the pickup point chosen by the Customer or the indicated delivery address. Should the package not be found following the investigation, LAST shall send the Customer a new package with the Order, free from shipping costs. Should the Product(s) be unavailable, LAST shall refund the price of the unavailable Product(s), including shipping costs if all elements of the Order are unavailable. After the above-mentioned period of fifteen (15) days, the Order shall be deemed delivered and complaints inadmissible.

More information on shipping costs available by clicking on our dedicated FAQ section on our website.

b. Order delivery

The Product is deemed delivered once the Customer or a third-party authorized by the Customer has hand-collected it from the carrier or selected pickup point.

The Customer must check the package is in good condition and express any concern or complaint either directly to the carrier upon delivery or, at the latest, during the three (3) days following the pickup date. The Customer shall immediately inform LAST’s customer service via e-mail at lily@colors-that-last.com.

Should one or more Products be missing in the package, the Customer shall notify LAST within three (3) days following the pickup date by contacting customer service via e-mail at lily@colors-that-last.com.

After investigation, the Customer can get a refund of the amount of the missing Product(s) or, if necessary, of the total price amount of the Order, including shipping costs.

After this time frame, the delivery and content of the package shall be deemed as fit and complaints inadmissible.

ARTICLE 8. RETURN POLICY

According to Consumer Code article L.221-18, the Customer has a period of fourteen (14) clear days from the date the Order is collected to return the Product(s) bought, without the need to explain his motives. After this period, any notification to perform a right to withdrawal shall be inadmissible.

To this end, the Customer must get in touch with customer service via e-mail at lily@colors-that-last.com.

The Customer must then return the said Product(s) suitably protected, new and unused, in their undamaged original packaging, within a new period of fourteen (14) days. After this period, returning Product(s) linked to the withdrawal will be refused.

However, by application of Consumer Code article L.221-28, this right of withdrawal will not be applicable to an unsealed and/or used Product that cannot be returned for hygiene purposes. In these conditions, LAST retains the right to refuse to perform the Customer’s right of withdrawal.

When performing the right of withdrawal, the Customer takes on any deterioration, loss or theft risks of the returned LAST Product(s).

Subject to the respect of the above-detailed procedure, LAST shall refund the Customer the price of the Product(s) affected by the right of withdrawal or, should all the Product(s) in the Order be affected by the right of withdrawal, the total amount of the Order, excluding any paid exchange rates or bank fees, within a period of fourteen (14) days following the day LAST collects the Product(s) returned by the Customer.

Only if all Products in the Order are returned will any shipping costs be refunded, it being specified that, in accordance with Consumer Code Article L. 121-21-4, only standard shipping costs will be covered (express and special shipping costs will not be covered).

LAST will proceed to the refund using the same payment method used by the Customer when placing the Order.

ARTICLE 9. LAST LOYALTY PROGRAM ANS REFERRAL PROGRAM

Any Customer can benefit from the LAST loyalty program and Referral Program set up and managed exclusively on the Website.

a. LAST loyalty program

The LAST loyalty program is a program allowing the Customer to accumulate loyalty points based on purchases made on the Website, which give entitlement to Customer benefits. The LAST loyalty program is not materialized by a loyalty card and operates exclusively on the principle of loyalty points.

As soon as the Customer creates a personal account, a matching LAST loyalty program is automatically created and loyalty points credited.

The LAST loyalty program points policy is as follows:

• 1 point = 1€ spent for any Order ;
• 50 points offered when the profile of the Customer's personal account is completed;
• 50 points offered when the Customer posts the link to the Website on their social networks;
• 100 points offered when creating the Customer's personal account;
• 100 points offered on the Customer's birthday.

The points accumulated on the Customer's personal account are valid for 365 rolling days from the date of placing the Order or gaining the points.

The number of loyalty points accumulated by the Customer can be viewed directly on his personal account on the Website. The Customer is informed that the update of the loyalty counter is not done in real time.

The LAST loyalty program allows the Customer to benefit from loyalty discounts that can be used for his next Orders on the Website.

LThe loyalty discount policy of the LAST loyalty program is as follows:

• 5% loyalty discount on the next Order from 200 loyalty points
• 10% loyalty discount on the next Order from 400 loyalty points;
• 15% loyalty discount on the next Order from 600 loyalty points;
• 20% loyalty discount on the next Order from 800 loyalty points;

When a loyalty discount level is reached, the Customer will automatically receive an email from LAST informing him that he can benefit from the corresponding loyalty discount. He will also be sent the promotional code to enter during their next Order to use their loyalty discount. The loyalty discount as well as the promotional code are valid as long as the corresponding loyalty points are valid. However, when the Customer reaches a new loyalty discount level, the promotional code relating to the loyalty discount of the previous level expires.

The use of a loyalty discount cannot be combined with any other promotional operation in progress on the Website for the same Order.

Loyalty points and the corresponding loyalty discount used when placing a new Order are automatically deducted from the Customer's loyalty balance.

Neither the points accumulated nor the loyalty discounts of the Customer can be transferred.

More details on the LAST loyalty program in the dedicated section of the FAQ on our Website.

b. LAST Referral Program

The LAST Referral Program is a Program allowing the Customer to sponsor a person making a first Order on the Website so that the new sponsored Customer and him can benefit from a loyalty discount on their Orders.

Any Customer may invite a person of his choice to discover the Products by sending him an email or message in which he will copy the sponsorship link made available to him by LAST on his personal account on the Site. When this person clicks on the referral link sent by the Customer, the Site will launch so that he creates a Customer account and makes a first Order. When validating the creation of an account, the referral will be automatically taken into account and the sponsored customer will find their promo code in their Loyalty Program area. He must then enter this code when finalizing his order to benefit from the discount.

For each new sponsored Customer, the Customer may benefit from a loyalty discount of ten (10) euros which can be used on his next Order on the Site.

The new sponsored Customer will be able to benefit from a loyalty discount of ten (10) euros directly usable on his first Order on the Site.

The Customer will receive an information email from LAST providing them with the promotional code to enter when placing an Order to use their loyalty discount. The loyalty discount as well as the promotional code are valid for a limited period of thirty (30) clear days from the sending of the information email by LAST.

The use of the loyalty discount cannot be combined with any other promotional operation in progress on the Site for the same Order.

No Customer loyalty discount can be assigned.

More details on the LAST sponsorship system in the dedicated section of the FAQ on our site.

 

ARTICLE 10. GUARANTEES

The Customer benefits from the provisions of the legal guarantee of conformity pursuant to Consumer Code Articles L. 211-4 and onward and the legal guarantee of hidden defects pursuant to Civil Code Articles 1641 and onward.

If a product is not in compliance or is defective, the Customer must contact customer service via e-mail at lily@colors-that-last.com to process the complaint.

If a Product is not in compliance, LAST shall replace the Product with an identical one, following the Customer’s choice and within stock availability, or refund the price of the Product in accordance with the conditions set out in Article 8.

If a Product is defective, LAST shall, after examination of the defect and according to the Customer's choice, refund the total price of the Product or, if the Customer decides to keep it, its partial price in accordance with the conditions set out in Article 8.

ARTICLE 11. RESPONSABILITE

LAST shall not be held liable for any improper use of its Products. It is the Customer’s responsibility to assess whether the Products ordered are appropriate and suitable for their need.

LAST shall not be held liable for the complete or partial non-performance of its obligations relating to the Order when this non-performance is due to a force majeure event as defined by law and jurisprudence. If such an event occurs, LAST will inform the Customer as quickly as possible after the said event has occurred.

LAST is not responsible if the User cannot access the Website, namely in the case of technical issues, temporary interruptions of the Website or Internet network caused by a third party or case of force majeure.

Without prejudice to the other provisions of the GTCS, LAST shall only be held liable if a fault is proved to be exclusively on its part and will be limited to the sole direct damages incurred to the Customer.

ARTICLE 12. INTELLECTUAL PROPERTY

LAST is and remains the exclusive owner of the intellectual property rights attached to the Products sold on the Website. Likewise, the Website and all its elements are LAST’s exclusive property. All exploitation and reproduction rights are its exclusive use. LAST brands and logos are registered trademarks. LAST does not grant any license or authorization, nor any right to the User other than to browse the Website. Any reproduction on LAST’s intellectual property rights constitutes a counterfeit.

ARTICLE 13. PERSONAL DATA

In compliance with legal and regulatory provisions, the User’s personal data is collected and processed by LAST or its service providers for various ends including, for instance, processing and shipping the Order.

For more information on our personal data protection policy, we encourage the User to read LAST’s privacy policy available here.

ARTICLE 14. APPLICABLE LAW – DISPUTES

The GTCS and legally binding relations between LAST and the Customer are governed by French law, apart from any other law considered applicable by French law.

Any dispute resulting from browsing the Website or from the confirmation, interpretation or process of an Order shall be brought before French courts.

However, the User is informed that they can resort to the mediation process, the conditions of which are set out in Consumer Code Book VI Title I. Therefore, in case of dispute, the Consumer may refer the matter to the Center for Mediation and Arbitration of Paris (CMAP) by contacting them via e-mail at consommation@cmap.fr.

ARTICLE 15. LEGAL PROVISIONS

The GTCS and e-mail confirmation of the Order constitute a legally binding unit and the only legally binding documents enforceable against the Parties, excluding any other document or photography of the Products which only have an informational value.

If one or more provisions of these GTCS are held as non-valid or declared as such by application of a law, regulation or following a final decision from a competent jurisdiction, all other provisions will retain their power and scope.

Failure by one of the Parties to take action regarding any breach of their obligations listed in the GTCS shall not be considered a waiver of any succeeding breach part of such provision.

LAST retains the right to change the GTCS at any time. If changes are made, the GTCS that apply to the User are the ones in force on the day the Website was browsed and those that apply to the Customer are the ones in force on the day the Order was placed.

The User can read, save or print the GTCS on the Website at any time, but under no circumstances change them.

ARTICLE 16. CUSTOMER SERVICE

LAST is particularly dedicated to ensuring a close, open and trusting relationship with its Users. For this reason, its customer service is available from Monday to Saturday, from 9AM to 8PM, via e-mail at lily@colors-that-last.com.