Terms & Conditions

TERMS AND CONDITIONS OF ONLINE SALE
Effective as of 08/05/2025
(the “General Terms and Conditions of Sale”)

 

1.Legal Notice

 

The website www.bloomycosmetics.com (hereinafter referred to as the "Site") is edited and operated by:
Bloomy Asia Limited, a company governed by the laws of Hong Kong, registered under number 76116029-000-01-25-0, with its registered office at Unit 2A / 17F, Glenealy Tower, No. 1 Glenealy, Central, Hong Kong, represented by its Director, Mrs. Yasmina DEPAS (hereinafter referred to as the “Company”).

Contact address: contact@bloomycosmetics.com

The Company operates in the wholesale and retail distribution of beauty and cosmetic products, aimed at both consumers and professionals, through all distribution channels (the “Products”), including online via the website www.bloomycosmetics.com (the “Site”).

The Site is hosted by Wix.com Ltd., www.wix.com.

Unless otherwise defined, the following terms shall mean:

• “Client” refers to any professional, non-professional or consumer who places an order for a Product sold on the Site.

• “User” refers to any natural or legal person who browses or uses the Site, whether or not they are a Client.

 

2. General Principles

 

These General Terms and Conditions of Sale define the terms of online sales concluded between the Company and any User placing an order via the Site.

They are drafted in French in their original version, which alone is binding and prevails over any other translation.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions. They are accessible to the Client on the Site at any time and are systematically submitted to the Client prior to any order and again at the time the order is placed.

Any User of the Site agrees to comply, without limitation or reservation, with these General Terms and Conditions of Sale, whether they simply browse the Site or place an order. The Client is bound by the General Terms and Conditions of Sale and acknowledges having read them prior to placing any order.

Consequently, placing an order implies full and unconditional acceptance of these General Terms and Conditions of Sale.

A printed version of the General Terms and Conditions of Sale, as well as any information sent electronically, will be admissible in any legal proceeding concerning the enforcement of the said General Terms and Conditions in the same way as any other paper document that is preserved in hard copy format.

Failure to exercise, at any time, any right or provision under these General Terms and Conditions shall not be interpreted as a waiver of such right or provision, nor shall it affect the validity of any part of the General Terms and Conditions.

If any provision of the General Terms and Conditions is found to be unlawful or unenforceable by a court ruling, the remaining provisions shall remain in full force and effect.

Changes to the General Terms and Conditions of Sale

In view of potential developments to the Site, the Company reserves the right to amend or update the General Terms and Conditions of Sale at any time. Therefore, Clients are invited to consult the General Terms and Conditions of Sale before placing any new order. The applicable General Terms and Conditions of Sale are those in force at the time the order is placed.

The prevailing version is the latest version available on the Site.

 

3.Legal Capacity

 

The Client must be a duly represented legal entity or a natural person of legal age with full legal capacity to place an order on the Site. Otherwise, they must have the authorization of their legal representative, which they expressly acknowledge and accept.

 

4.Products

 

The essential characteristics of the Products are described for each item in the online catalog. This information is presented to the Client prior to the order as part of the pre-contractual information provided.

 

5.Client Account

 

To place an order online on the Site, Users are invited—but not required—to create a Client account.

When creating an account, the Client will be asked to provide their full name, phone number, email address, and mailing address.

Once the account is created, a confirmation email summarizing the provided information will be sent to the Client at the email address entered.

The Client agrees to provide accurate, current, and complete information to the Company and to keep such information up to date. The Client agrees not to create an account under a false identity. It is the Client’s responsibility to update their personal information.

The login identifier is the Client's email address. Access to the Client’s account is protected by a personal and confidential password. The Client agrees to keep this password secure and not to disclose it to any third party. The Client is responsible for the security of their password. If the Client becomes aware of any fraudulent use of their account, they agree to notify the Company immediately.

 

6.Orders

 

The Client places their order from the Company’s online catalog available on the Site.

All orders must be placed exclusively through the Site.

It is specified that any order placed on the Site constitutes an order with an obligation to pay.

Any order implies acceptance of the Product descriptions and prices in effect on the date of the order.

To place an online order on the Site, the Client must:

• enter their personal information (first name, last name, email address, phone number);

• add one or more Products to their shopping cart;

• provide billing and/or shipping address information.

 

Once the order is complete, the Client has the opportunity to review the Products selected, the total price of the order, and the order conditions. They may, if necessary, modify or cancel the order before final validation.

The order is definitively recorded only upon final validation of the order summary screen. This action is considered equivalent to a handwritten signature as referred to in Article 1367 of the French Civil Code and the conclusion of a contract in electronic form as defined in Articles 1127-1 and 1127-2 of the French Civil Code. From this point:

• the Client confirms the order and declares full and unreserved acceptance of it, along with these General Terms and Conditions of Sale; and

• the order is considered irrevocable and can only be challenged in the limited cases provided for herein.

 

 

7.Order Confirmation

 

Once the Client’s order has been registered, a detailed confirmation email is sent to the email address provided. This confirmation includes the total amount billed, the list and quantity of Products ordered, and the shipping terms.

This confirmation serves as acceptance of the order by the Company and validates the transaction. The Client agrees that the Company’s order recording systems shall serve as proof of the purchase and its date. By saving and/or printing this email, the Client retains proof of their order, which the Company recommends keeping.

This email confirms that the Client’s order has been received by the Company but does not guarantee the availability of the ordered Product.

The Company undertakes to fulfill online orders only while stocks last.

If a Product is unavailable, the Company agrees to inform the Client as soon as possible by email or phone. In case of unavailability, the Client may cancel or modify the order. If the Client chooses to cancel due to unavailability, they will be refunded within fourteen (14) days of the cancellation request.

 

8.Prices

 

– Product Prices

 

All Product prices are shown in euros, inclusive of all taxes.

The listed prices do not include shipping fees, which are generally the responsibility of the Client, in accordance with the "Shipping Fees" article below.

Promotional offers are valid only within the dual limits of the offer’s validity period and available stock.

Promotional codes apply only to full-price, non-discounted Products and cannot be combined with each other or with gift cards. Each promotional code can only be used once per Client account.

 

– Cost of Using a Remote Communication Method

Access to the Site is via the Internet.

Any Internet access costs incurred while using a remote communication service are the responsibility of the Client.

 

9.Shipping Fees

 

Shipping/return costs are the sole responsibility of the Client, except in the limited cases outlined in the “Delivery” article of these General Terms and Conditions of Sale, specifically for non-conforming or defective Products. These fees include order handling and packaging.

However, by exception, for any order totaling more than one hundred and twenty (120) euros, worldwide shipping costs are covered by the Company.

 

10.Payment

 

Orders must be paid in full on the day the order is placed. “Payment” under this clause means the effective transfer of funds to the Company.

– Payment Methods

Payment is made online by credit card at the time of the order.

In all cases, the order will only be processed once payment is received and successfully credited.

If payment is declined by the bank, the order will be automatically cancelled.

– Transaction Security

To enhance transaction security over the Internet, the Site uses SSL (Secure Socket Layer) online payment technology to ensure the confidentiality and security of all transmitted data during online payment.

Our online payment system automatically verifies the validity of access rights during payment by credit card and encrypts all exchanges to ensure confidentiality.

To benefit from SSL-secured payment, the Client must use browsers compatible with the SSL system.

 

11 – Delivery

 

- Delivery Methods

 

Delivery is made to the mailbox in mainland France, within the European Union, or internationally, at the Client's choice.

The parcel tracking number will be sent to the Client via email, enabling them to track the status of their delivery.

Shipping costs will be charged at ten (10) euros on the day of the order.

The Client is informed of the delivery terms before the final validation of their order.

 

- Delivery Time

 

Estimated delivery times are indicated on the Website at the time of ordering. They are generally between 7 and 10 business days, but the Company reserves the right to notify the Client by email of a longer delivery time after the order has been confirmed. Delivery times begin once the payment is received by the Company.

If several items are ordered at the same time with different delivery times, the latest delivery time will apply. However, in such cases, the Company reserves the right to deliver the order in multiple shipments.

Although the delivery times are indicative, the Company will make its best efforts to respect the times stated at the time of the order.

 

In the event of a delivery delay attributable to the Company, the Client may request the cancellation of the sale by sending a registered letter with acknowledgment of receipt, or any other durable medium (such as email with acknowledgment of receipt), if, after requesting delivery within an additional fifteen (15) day period under the same conditions, the Company has still not delivered.

 

In such a case, the sale shall be considered canceled upon receipt by the Company of the letter informing it of the termination, unless the delivery has taken place in the meantime.

In case of cancellation, the Company will refund the Client within fourteen (14) days from the date of the cancellation.

Late delivery shall not entitle the Client to any form of compensation.

 

12 - Receipt of Products

 

The Client must check the condition of the packaging and the conformity of the Product at the time of delivery and immediately report any reservations to the delivery agent to be noted on the delivery slip: damaged packaging, product damage, discrepancies with the order, etc.

Any complaint concerning visible defects or the non-conformity of the delivered Product with the information provided on the Website, or any damage resulting from transport, must be confirmed by the Client to the Company within 48 hours following receipt of the Product by email to the following address: contact@bloomycosmetics.com.

The Client must provide evidence of the reported non-conformities, defects, or damages (order number, photo of the product, reason for return, request for exchange/store credit/refund).

If no complaint is made within the time frame and conditions specified above, the delivered Products shall be deemed accepted by the Client.

Upon reporting the defect or non-conformity, the Client will receive a return authorization from the Company, including the return address and conditions.

Once the return authorization has been obtained, the Client shall return the Products to the address indicated on the return authorization, in accordance with the specified procedure.

Any Product returned without the Company’s prior agreement will be refused and returned to the sender at their own expense and risk.

To be eligible for return and/or exchange, Products must not have been used and must be returned intact in their original packaging along with any accessories, user manuals, and other documentation.

If the Client returns the Product due to a confirmed and acknowledged non-conformity, the Client must use the same delivery method as was used for the initial shipment. In such cases, return shipping costs will be covered by the Company either via a prepaid return label or by reimbursing the Client for the actual return shipping cost (a proof of postage must be included in the package; without it, no reimbursement can be claimed).

 

13 – Legal Warranties

 

Conformity Warranty and Legal Warranty Against Hidden Defects

The Customer benefits from the legal warranty of conformity (Articles L. 217-4 et seq. of the French Consumer Code) and the legal warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), the main provisions of which are reproduced below.

 

CONFORMITY WARRANTY

 

Article L. 217-3 of the French Consumer Code, paragraphs 1 and 2:

The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made their responsibility by the contract or has been carried out under their responsibility

 

Article L. 217-4 of the French Consumer Code:

The product conforms to the contract if it meets, in particular, where applicable, the following criteria:

1. It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristics required by the contract;

2. It is suitable for any specific purpose sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3. It is delivered with all accessories and installation instructions that must be provided in accordance with the contract;

4. It is updated in accordance with the contract.

 

Article L. 217-5 of the French Consumer Code:

I. In addition to the conformity criteria to the contract, the product is considered compliant if it meets the following criteria:

1. It is fit for the purpose usually expected of a similar product, taking into account, where applicable, any provisions of EU and national law, as well as any technical standards or, in their absence, specific codes of conduct applicable to the relevant sector;

2. Where applicable, it possesses the qualities presented to the consumer by the seller in the form of a sample or model, prior to the conclusion of the contract;

3. Where applicable, the digital elements it contains are supplied in the most recent version available at the time of the conclusion of the contract, unless otherwise agreed by the parties;

4. Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may reasonably expect;

5. Where applicable, it is provided with updates that the consumer may reasonably expect, in accordance with Article L. 217-19;

6. It corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer may reasonably expect for products of the same type, given the nature of the product and public statements made by the seller, by anyone upstream in the transaction chain, or on their behalf, including in advertising or on labeling.

​

II. However, the seller is not bound by public statements mentioned above if they can demonstrate:

1. That they were not aware of them and were not legitimately in a position to know about them;

2. That, by the time the contract was concluded, the public statements had been corrected in a way comparable to the original statements;

3. That the public statements could not have influenced the purchasing decision.

 

III. The consumer may not contest the conformity on the basis of one or more specific characteristics of the product, of which they were specifically informed that they differed from the conformity criteria set out in this article, and to which they expressly and separately consented at the time of the contract.

 

Article L. 217-7, paragraph 1, of the French Consumer Code:

Lack of conformity that appears within twenty-four (24) months of delivery of the product, including one with digital elements, is presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the defect.

 

Article L. 217-8 of the French Consumer Code:

In the event of a lack of conformity, the consumer is entitled to have the product brought into conformity through repair or replacement, or, failing that, to a price reduction or the termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the granting of the benefit provided for in the contract until the seller has fulfilled their obligations under this chapter, in accordance with Articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

 

WARRANTY AGAINST HIDDEN DEFECTS

 

Article 1641 of the French Civil Code:

 

The seller is bound by the warranty for hidden defects in the item sold that render it unfit for the use for which it was intended, or that so diminish that use that the buyer would not have acquired it, or would have given a lower price for it, had they known of the defects.

 

Article 1643 of the French Civil Code:

The seller is liable for hidden defects, even if they were unaware of them, unless they have stipulated that they would not be held to any warranty.

 

Article 1644 of the French Civil Code:

In the cases provided for in Articles 1641 and 1643, the buyer has the option of returning the item and being reimbursed the price, or of keeping the item and receiving a partial refund.

 

Article 1648, paragraph 1, of the French Civil Code:

Any legal action resulting from redhibitory defects must be initiated by the buyer within two (2) years of discovering the defect.

 

14 – Liability

 

- Information

The Company makes every effort to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, which it reserves the right to modify at any time and without notice. However, it cannot guarantee the accuracy, precision, or completeness of the information available on the Site. Consequently, the Company declines all liability for any inaccuracies, errors, or omissions in the information available, as well as for any damage resulting from fraudulent intrusion by a third party that results in a modification of the information available on the Site.

Hyperlinks to other resources on the Internet included on the Site do not engage the responsibility of the Company. The Company has no means of controlling external sites linked to its Site, which the Client acknowledges by accepting these terms. Therefore, use of such links is at the sole risk of the user, who must comply with the terms and conditions applicable to those external websites.

Similarly, photographs and texts used to illustrate the Products are non-contractual. As a result, the Company cannot be held liable for any errors in the images or texts used.

 

- Use of the Site

Use of and navigation on the Site are under the sole responsibility of the User. The Company disclaims all liability and shall not be held responsible for any damage or viruses that may affect the User’s computer or any other device during access to, use of, or navigation on the Site, or when downloading any content, data, text, images, or files from the Site.

- Improper Use/Installation of the Product

The Company disclaims all liability and shall not be held responsible for any damage caused to the Client or any third party resulting from use of the Product that does not comply with its intended purpose.

 

15 - Right of Withdrawal

 

In accordance with Article L. 221-18 of the French Consumer Code, a consumer who enters into a contract remotely has a period of fourteen (14) days from the date of receipt of the Product to exercise their right of withdrawal.

In the case of an order for multiple items delivered separately or an order for a product consisting of multiple lots or parts delivered over a period of time, the withdrawal period starts from the receipt of the last item, lot, or part.

For contracts involving regular delivery of goods over a defined period, the withdrawal period starts upon receipt of the first item.

To exercise their right of withdrawal, the Client has fourteen (14) days to notify the Company of their intention to withdraw by filling out and sending the withdrawal form available in printable format in the annex to these terms.

If the right of withdrawal is exercised online via the Site, the Company shall immediately send an acknowledgment of receipt to the Client.

The Client must then return the Product(s) within fourteen (14) days from the date of sending the withdrawal form, accompanied by a copy of the invoice. Return shipping costs and risks are solely the responsibility of the Client. Once confirmed, the Company will provide the precise return address.

Return shipping costs correspond to the initial standard delivery fee offered by the Company at the time of the order.

The Company undertakes to refund the Client the full purchase price within fourteen (14) days of receiving the returned Products or proof of their shipment (whichever comes first).

Products must not have been used or damaged and must be returned intact, in their original packaging, with any accessories, user manuals, and other documentation.

The Client may be held liable in the event of deterioration of the Product.

 

16 - Intellectual Property

 

The Client holds no intellectual or industrial property rights over the Products, packaging, or labeling. The Company remains the sole owner of all such rights.

Any use of the BLOOMY trademark or any other trademark belonging to the Company, its suppliers, or manufacturers is strictly prohibited, unless expressly authorized by the Company.

The content and structure of the Site are protected by copyright and intellectual property rights, worldwide.

Accordingly, and pursuant to the French Intellectual Property Code, only private use is permitted, subject to more restrictive provisions that may apply.

Any total or partial reproduction or representation of any content on the Site (including text, images, graphic or photographic representations, trademarks, or logos), for any purpose and on any medium, is strictly prohibited.

Failure to comply with this prohibition constitutes infringement and may result in civil and/or criminal liability.

Nothing in these General Terms and Conditions of Sale shall be construed as granting the Client a license to any intellectual property rights.

 

17 - Personal Data Protection

 

The Company declares that it complies and undertakes to comply with the data protection regulations in force in France, notably the General Data Protection Regulation (GDPR) of April 27, 2016, and the amended French Data Protection Act of January 6, 1978.

The applicable privacy policy is available at the following link: https://bloomycosmetics/politique-de-confidentialite

 

18 - Force Majeure

 

The Company and the Client shall not be held liable for failure or delay in performing any of their obligations as described herein, if such failure or delay is due to a force majeure event, as defined in Article 1218 of the French Civil Code.

 

19 - Applicable Law and Jurisdiction

 

These General Terms and Conditions of Sale and all related transactions are governed by French law.

In the event of a dispute relating to these General Terms and Conditions of Sale or the sale itself, the parties will attempt, where possible, to resolve the matter amicably.

If no amicable agreement is reached, the competent court will be that of the defendant’s place of residence or the place of effective delivery of the Product.

​

20 - Consumer Mediation

 

If you are a “consumer” within the meaning of the preliminary article of the French Consumer Code, you must first submit your complaint directly via the Site’s contact form or to the following email address: contact@bloomycosmetics.com

 

If this attempt fails, you may initiate conventional mediation or any other alternative dispute resolution method. In particular, you may contact the competent consumer mediator, free of charge, within one year of your complaint, in accordance with Title 5 of Book I of the French Consumer Code:

​

Consumer Mediator of the FEVAD (Federation of e-commerce and distance selling)
60 rue de la Boétie - 75008 PARIS
mediateurducommerce@fevad.com
https://www.mediateurfevad.fr

 

To resolve your dispute, you may also access the European online dispute resolution platform provided by Regulation (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes, by following this link: http://ec.europa.eu/consumers/odr/

 

If this mediation fails or if you choose not to participate, you remain free to bring your dispute before the competent courts in accordance with the “Applicable Law and Jurisdiction” section of these terms.

​

ANNEX – Withdrawal Form

 

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of:

 

BLOOMY ASIA LIMITED, a company incorporated under Hong Kong law, registered under number 76116029-000-01-25-0, with its registered office at Unit 2A / 17F, Glenealy Tower, No. 1 Glenealy, Central, Hong Kong,

 

I/we() hereby give notice of my/our() withdrawal from the contract for the sale of the following good(s):

 

Ordered on / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

 

​

(*) Delete as appropriate.