Terms and Conditions of Sale
Article 1 — Purpose
These General Terms and Conditions of Sale, hereinafter referred to as the "GTCS", aim to define the rights and obligations of the company NOPAL LIFE and any consumer client in the context of the online sale of products offered on the www.nopal-life.com website.
These GTCS apply to any order placed on the website by an individual acting for non-professional purposes.
Sales concluded with professionals, if opened by NOPAL LIFE, are subject to separate conditions.
Article 2 — Seller's Identity
The website www.nopal-life.com is operated by: NOPAL LIFE
Simplified joint stock company (Société par actions simplifiée)
Share capital: 1,000 euros
Registered office: 4 rue des Riottes, 28100 Dreux, France
SIREN: 944 238 526
SIRET: 944 238 526 00015
Registered with the National Register of Companies
RCS: RCS Chartres 944 238 526
Intracommunity VAT number: FR49944238526
Represented by its President: Madame Kenza Bouguerra
Email address: contact@nopal-life.com
Phone: 0033620824050
Article 3 — Scope of Application
These GTCS apply, without restriction or reservation, to all sales concluded by NOPAL LIFE via its website.
The customer declares having read these GTCS before placing their order and having accepted them by checking the box provided for this purpose before the final validation of the order.
The applicable GTCS are those in force on the date of the order.
Article 4 — Products
The products offered for sale are those presented on the website on the day of consultation by the customer, within the limits of available stock.
NOPAL LIFE notably sells cosmetic products, facial care, body care, oils, serums, creams, soaps, powders, masks, and products associated with the world of prickly pear.
The essential characteristics of the products are described on the website. The customer is obliged to read them before placing any order.
Photographs, visuals, packaging, descriptions, and staging are provided for illustrative purposes. Slight variations in presentation, colour, texture, or rendering may exist, particularly due to digital display constraints, manufacturing developments, natural materials, or batches, without affecting the essential characteristics of the product.
NOPAL LIFE products are cosmetic products. They are not intended to diagnose, treat, or cure a pathology. Unless explicitly stated otherwise, they are for external use only.
The customer is invited to carefully consult the list of ingredients, precautions for use, usage advice, and information appearing on the product sheet and/or packaging before any use.
Article 5 — Availability
Product offers are valid as long as they are visible on the website and within the limits of available stock.
In the event of a product being unavailable after the order has been placed, NOPAL LIFE will inform the customer as soon as possible, by any appropriate means.
When the order cannot be executed fully or partially due to unavailability, the customer will be refunded the amounts corresponding to the unavailable products, according to the initial payment method, as soon as possible.
Article 6 — Price
Prices are indicated in euros, all taxes included (TTC), excluding delivery costs, unless otherwise specified.
The delivery costs applicable to the order are indicated to the customer before its final validation.
NOPAL LIFE reserves the right to modify its prices at any time. However, products are billed at the rate in force displayed on the website at the time of order registration.
Promotional offers, promotional codes, discounts or commercial advantages are valid according to the conditions specified on the website, during their validity period and within the limits of available stock.
Article 7 — Order
The customer selects the products they wish to order and adds them to their basket.
Before final validation, the customer can check the details of their order, its total price, correct any errors, and modify their basket.
The order is considered firm and final after:
• product selection,
• basket validation,
• entry of delivery and billing information,
• express acceptance of these GTCS,
• final validation of the order with payment obligation.
The customer expressly acknowledges that the validation of the order implies an obligation to pay.
An order confirmation is sent to the customer electronically at the email address provided during the order. This confirmation summarizes the essential elements of the order.
NOPAL LIFE reserves the right to refuse or cancel any order for a legitimate reason, particularly in the event of a prior dispute with the customer, total or partial non-payment of a previous order, suspicion of fraud, manifest anomaly in the order, or product unavailability.
Article 8 — Payment
The price is payable in full on the day of the order.
Payment is made by the secure payment methods displayed on the Shopify website at the time of placing the order, notably by bank card via a secure payment solution. Any other means of payment eventually offered to the customer will be the one displayed at the time of placing the order on the website.
The customer guarantees that they have the necessary authorizations to use the chosen payment method.
The order will only be considered final after effective receipt of the price by NOPAL LIFE.
NOPAL LIFE does not itself retain the customer's banking data, subject to the technical operation of duly authorized payment service providers.
Article 9 — Delivery
Products are delivered to the address indicated by the customer when ordering, in the European countries offered on the website at the time of purchase.
The applicable delivery times are those displayed to the customer before the final validation of the order. They are generally between two (2) and seven (7) business days depending on the destination country, unless otherwise indicated. They are understood to be in working days, unless otherwise indicated.
In the absence of any particular indication, delivery occurs without undue delay and at the latest within the applicable legal period.
The customer is solely responsible for the accuracy of the delivery information they provide. NOPAL LIFE cannot be held responsible for a delay or impossibility of delivery resulting from an incomplete, erroneous, or unusable address.
In the event of an unjustified delivery delay, the customer may exercise the rights granted to them by law.
Article 10 — Receipt of Order
It is the customer's responsibility to check the apparent condition of the package and products upon delivery.
In the event of a damaged package, missing product, deteriorated product, or apparent anomaly, the customer is invited to:
• make, if applicable, any useful reservations with the carrier,
• keep all useful elements,
• contact NOPAL LIFE as soon as possible at the address: service-client@nopal-life.com.
This step does not deprive the customer of their legal rights, particularly under the legal guarantee of conformity and the guarantee against hidden defects.
Article 11 — Right of Withdrawal
In accordance with the legal provisions applicable to distance selling, the consumer customer has a period of fourteen (14) days from the receipt of the product to exercise their right of withdrawal, without having to give reasons for their decision or incur costs other than those provided for by law.
When the order concerns several products delivered separately, the period runs from the receipt of the last product.
To exercise their right of withdrawal, the customer must notify NOPAL LIFE, before the expiry of the aforementioned period, of their decision to withdraw by means of:
• either the withdrawal form appended hereto,
• or any unequivocal statement expressing their wish to withdraw.
The request must be sent to:
NOPAL LIFE
4 rue des Riottes, 28100 Dreux, France
Email: service-client@nopal-life.com
The customer must return the products concerned without undue delay and at the latest within fourteen (14) days following the sending of their decision to withdraw.
Article 12 — Effects of Withdrawal and Refund
In the event of a valid exercise of the right of withdrawal, NOPAL LIFE will refund the customer the sums paid for the products concerned, as well as, where applicable, the initial standard delivery costs under the conditions provided by law.
The refund will be made without undue delay and at the latest within fourteen (14) days from the date on which NOPAL LIFE is informed of the customer's decision to withdraw.
NOPAL LIFE may, however, defer the refund until the products are actually recovered or until the customer has provided proof of shipment of the products, the date taken being the earlier of these facts.
The refund will be made using the same payment method as that used for the order, unless the customer expressly agrees to another method and provided that no additional costs are incurred.
The direct return costs remain the responsibility of the customer, unless NOPAL LIFE expressly states otherwise.
The customer's liability may be engaged in the event of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product.
Article 13 — Exceptions to the Right of Withdrawal
In accordance with the law, the right of withdrawal cannot notably be exercised for goods that have been unsealed after delivery by the customer and that cannot be returned for reasons of hygiene or health protection.
Consequently, when certain products sold by NOPAL LIFE are subject to a hygiene or security seal, their opening or unsealing by the customer after delivery may prevent the exercise of the right of withdrawal.
This exclusion only applies to products that actually meet the aforementioned legal conditions.
Article 14 — Returns outside Withdrawal
Independently of the right of withdrawal, the customer is invited to contact NOPAL LIFE without delay in case of:
• receipt of a product that does not conform to the order,
• receipt of a damaged product,
• preparation error,
• or any defect likely to fall under legal guarantees.
The practical arrangements for return will then be specified to the customer on a case-by-case basis, without prejudice to their legal rights. Any request can be sent to service-client@nopal-life.com.
Article 15 — Legal Guarantees
The products supplied by NOPAL LIFE benefit automatically and without additional payment from:
• the legal guarantee of conformity,
• the legal guarantee against hidden defects.
Under the legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act, under the conditions provided by law.
Under the guarantee against hidden defects, the customer can choose between rescission of the sale or a reduction in the price, in accordance with the law.
For any request under the legal guarantees, the customer can contact NOPAL LIFE at the following address: service-client@nopal-life.com.
Article 16 — Liability
NOPAL LIFE cannot be held responsible for damages resulting from improper use of the product, use not in accordance with its intended purpose, non-compliance with precautions for use, inappropriate storage, or use despite a known incompatibility with the customer's skin, hair, or condition.
The customer is invited, particularly for cosmetic products, to:
• consult the INCI list before use,
• respect the precautions for use,
• avoid use in case of known allergy to any of the components,
• perform, when relevant, a preliminary tolerance test.
NOPAL LIFE cannot be held responsible for damages resulting from an unforeseeable and insurmountable act of a third party or a case of force majeure as defined by French law and jurisprudence.
NOPAL LIFE's liability cannot in any case be limited or excluded for the rights that the consumer benefits from under applicable public policy provisions.
Article 17 — Intellectual Property
All elements appearing on the www.nopal-life.com website, particularly texts, visuals, photographs, illustrations, logos, brands, denominations, graphic elements, videos, editorial content, site structure, and distinctive signs, are protected by intellectual property law.
Any reproduction, representation, adaptation, exploitation, distribution, or use, in whole or in part, of any of these elements, by any means whatsoever, without prior written authorization from NOPAL LIFE, is strictly prohibited.
Article 18 — Personal Data
Personal data collected in the context of orders is processed by NOPAL LIFE for the management of orders, payments, deliveries, customer relations, and, where applicable, legal and regulatory obligations.
To learn more about the conditions of collection and processing of personal data, the customer is invited to consult the site's Privacy and Cookies Policy.
Article 19 — Consumer Mediation
In case of dispute, the customer is invited to first address their complaint to NOPAL LIFE customer service at the following address: service-client@nopal-life.com.
Failing prior amicable resolution, the consumer customer may have free recourse to the consumer mediator designated by NOPAL LIFE, in accordance with the provisions of the Consumer Code:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris, France
Phone: 01 89 47 00 14
Website: www.cm2c.net
Email: declarer-un-litige@cm2c.net
Article 20 — Archiving and Proof
Computerized registers, emails, order confirmations, invoices and any document exchanged between NOPAL LIFE and the client may be kept on a reliable and durable medium so as to constitute a faithful and durable copy.
Contracts concluded electronically for an amount equal to or greater than 120 euros are archived by NOPAL LIFE for the applicable legal period. The client can access them upon request to service-client@nopal-life.com.
Article 21 — Applicable Law and Contract Language
These GTCS are governed by French law.
They are written in French. In the event of translation into another language, only the French version shall prevail in case of difficulty of interpretation.
Article 22 — Contact
For any question or request for information relating to an order, the customer can contact NOPAL LIFE:
• By email: contact@nopal-life.com
• By mail: NOPAL LIFE – 4 rue des Riottes, 28100 Dreux, France
• By phone: 0033620824050
For any return request, complaint, exercise of the right of withdrawal, or implementation of legal guarantees, the customer can contact NOPAL LIFE at the following address: service-client@nopal-life.com.
Appendix — Standard withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of:
NOPAL LIFE
4 rue des Riottes, 28100 Dreux, France
Email: service-client@nopal-life.com
• Ordered on:
• Received on:
• Order number:
• Customer name:
• Customer address:
• Product(s) concerned:
• Customer signature (only for paper submission):
• Date: