GENERAL CONDITIONS OF ONLINE SALE
THE BODY SHOP, MAURITIUS
Article 1 – THE SELLER
The present website https://www.thebodyshop.mu (hereinafter referred to as the “Website”) has been created by The Body Shop, Mauritius (hereinafter referred to as “The Body Shop, Mauritius”), a domestic company, having its registered address at Riche Terre, Mauritius. Through this website, The Body Shop, Mauritius offers an array of products for sale, which is subject to the present General Conditions of Online Sale (hereinafter referred to “GCS”).
Article 2 – GENERAL PROVISIONS
2.1 Subject matter of the GCS
The GCS is exclusively applicable to the online sale of the products of The Body Shop, Mauritius found on the Website, and access to the Website is free of charge to all online users.
2.1 Scope of the GCS
The GCS is exclusively applicable to the products of The Body Shop, Mauritius which have been sold to online buyers (hereinafter referred to as “Customers”) and constitute, further to an online order, enforceable contract/s against the Customers, to the exclusion of online leaflets, catalogues and picture of products which contain only an indicative value.
The GCS is exclusively applicable to Customers established in the territory of Mauritius, excluding Rodrigues and the other peripheral islands.
The GCS, as well as all the contractual information mentioned on the Website, are drafted in both French and English.
2.3 Availability and opposability of the GCS
The GCS is made available to Customers on the Website of The Body Shop, Mauritius where they are directly accessible and can also be communicated upon request by e-mail.
The GCS is binding to the Customer who acknowledges, by checking the box “I accept” provided for this purpose on the confirmation page of an order, to have read and accepted same unconditionally. The acceptance of the GCS binds the Customer to the terms and conditions in force on the day the order is placed and confirmed on the Website.
2.4 Modification of the GCS
The Body Shop, Mauritius reserves the right to modify its GCS at any time and without justification.
In case of modification of the GCS, the applicable GCS are those in force on the date the order was placed and confirmed by the Customer on the Website.
2.5 Conditions of the GCS
The nullity of one of the clauses of the GCS does not imply in any case the nullity of the GCS in its entirety.
The temporary or permanent non-application of one of the terms of the GCS by The Body Shop, Mauritius does not constitute a waiver on its part of this unapplied clause which continues to produce all its effects.
ARTICLE 3 – PRODUCTS
The products offered for sale online and presented in the catalog published on the Website are each subject to a description stating their essential characteristics.
The photographs illustrating the products are given for description purposes only and are in no way contractual in nature.
Except for the essential characteristics specific to a product, any discrepancy between the description or the photograph of a product on the Website and the reality of the product delivered to the Customer cannot be the subject of a claim or reimbursement from The Body Shop, Mauritius.
The products comply with the requirements of Mauritian law in force at the time of their marketing.
3.3 Availability of stocks
The products are sold and delivered only within the limits of available stock.
In case of unavailability of the ordered product, The Body Shop, Mauritius informs the Customer as soon as possible in order to refund the sums already paid by the Customer.
Save and except for the reimbursement of the price paid in case of unavailability of a product, The Body Shop, Mauritius is not liable for any compensation of whatsoever nature to the Customer.
ARTICLE 4 – PRICES
4.1 Selling price
The selling prices for each of the products appearing in the electronic catalog are indicated in Mauritian Rupees (MUR) including all taxes, excluding delivery and transport costs mentioned before validation of the order, which are invoiced additionally.
The total amount owed by the Customer is indicated on the order confirmation page.
The selling price of the product is the one applicable on the day when the order is placed and confirmed by the Customer on the Website.
In the event of a promotion expressly indicated on the Website, The Body Shop, Mauritius undertakes to apply the promotional price to any order placed and confirmed by the Customer during the promotional period.
4.2 Price changes
The Body Shop, Mauritius reserves the right to unilaterally and discretionarily modify its prices at any time, while guaranteeing the Customer the application of the price applicable on the day the order is placed and confirmed by the Customer on the Website.
Except where it is expressly provided on the Website that delivery will be free, all additional costs incurred by The Body Shop, Mauritius and related to the delivery of a product ordered on the Website will be to the sole responsibility of the Customer.
ARTICLE 5 – OFFER
The online sales offers presented on the Website and the delivery of the products purchased on the Website are strictly reserved for Customers residing in Mauritius, excluding Rodrigues and the other peripheral islands.
The online sales offers presented on the Website are valid, in the absence of an indication of a specific duration, as long as the products appear in the electronic catalog and while stocks last.
5.3 Acceptance of the offer and confirmation of the order
Any sale on the Website will undoubtedly be presumed to be accepted and concluded following the double click process performed by the Customer on the “Confirm Order” button.
ARTICLE 6 – ORDER
6.1 Steps to conclude the contract
To place an order, the Customer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information required for the delivery.
The Customer will have to indicate:
- the delivery method, namely either the delivery in one of the The Body Shop, Mauritius points of sale by selecting “Click and collect” or by home delivery;
- payment method ; and
Before clicking on the “Confirm order” button, the Customer has the possibility to check the details of his order and the total price and to return to the previous pages to correct any errors or possibly modify his order.
For the proper execution of the delivery, the Customer must carefully fill, at the time of the order, the desired delivery address and indicate a phone number on which he can be contacted.
The Customer may review the history of his purchases for the last three months at any time by logging into the “My Account” section on the Website.
6.2 Modification of an order
Any modification to an order that has already been confirmed by the Customer is subject to the express written consent of The Body Shop, Mauritius. The Body Shop, Mauritius may refuse, in a discretionary manner and without justification, any request to modify an order that has already been confirmed by the Customer.
6.3 Validation of the order
All orders are validated by The Body Shop, Mauritius following the sending of an email acknowledging receipt of the order placed by the Customer. Each order confirmation by The Body Shop, Mauritius contains a receipt of the transaction bearing a unique identification number. The Customer’s bank account number will not appear on the transaction receipt.
ARTICLE 7 – CONTRACT
The sales contract is constituted following the confirmation of the Customer made by the process of double clicking on the button “Confirm order”.
7.2 Archiving and proof
The archiving of communications, purchase orders and invoices is done on a reliable and durable medium so as to constitute a reliable and sustainable copy. These communications, purchase orders and invoices can be produced as proof of the contract.
ARTICLE 8 – PAYMENT
Any payment of price is due and payable in full upon confirmation of the order made by the Customer.
Payment is immediately made with the order by bank transfer on the internet or bank transfer.
ARTICLE 9 – DELIVERY
Delivery means the transfer of physical possession or control over the purchased product to the Customer.
9.2 Delivery time
The Body Shop, Mauritius undertakes, subject to another delivery period expressly indicated by The Body Shop, Mauritius on the Website, to do its best to deliver the products ordered within a period of:
(i) one (1) to three (3) business days after receipt of payment for said products by The Body Shop, Mauritius for home delivery;
(ii) forty-eight hours (48H) after receipt of payment for said products by The Body Shop, Mauritius for in-store delivery.
9.3 Delayed delivery
Except for cases of force majeure or during periods of closing down of the Website, which will be clearly indicated on the homepage of the Website, when the ordered product is not delivered on the date or at the expiry of the period mentioned on the purchase order, the Customer may, subject to his availability or ability, after having unsuccessfully urged The Body Shop, Mauritius to fulfill its obligation of delivery within a maximum of thirty days following the conclusion of the contract, give notice to The Body Shop, Mauritius, by way of registered letter with acknowledgment of receipt, that the contract is cancelled. In case of termination of the sale by the Customer, The Body Shop, Mauritius undertakes to refund the price already paid by the Customer as soon as possible.
9.4 Place of delivery
The products are delivered to the address indicated by the Customer on the order form.
9.5 Terms of delivery
The Customer has the possibility to choose the delivery method, namely the delivery in store in one of the points of sale of The Body Shop, Mauritius by selecting “Click and collect” or the home delivery.
9.5.1 Home delivery
Home delivery will be carried out by a service provider chosen by The Body Shop, Mauritius who will be in charge of contacting the Customer directly to agree on the day and time of delivery.
The delivery is made by delivering the product directly to the Customer on the ground floor of the address indicated by the Customer or, failing which, The Body Shop, Mauritius shall send a notification of readiness or a delivery notification to the Customer.
Within fifteen (15) days from the notification of readiness or the delivery notification, the Customer must proceed with the collection of the product ordered in one of the points of sale of The Body Shop, Mauritius.
In case of failure to collect the product within the specified period, The Body Shop, Mauritius may, after having sent a written notification to the Customer which remained unattended to for a period of fifteen (15) days, cancel the order and retain as compensation and / or hold the price already paid by the Customer.
When the product is delivered to the address indicated on the order form by a carrier, it is the Customer’s responsibility to check, in the presence of the deliveryman the condition of the delivered product and, in case of damage or defect of the product, to make reservations on the delivery note or on the transport receipt, and possibly refuse to take delivery of the product and to inform The Body Shop, Mauritius.
This verification of the condition of a product is deemed to have been duly performed if the Customer, or a third party representing the Customer, has signed the delivery note. The Customer or his representative must present an identity document to the carrier.
9.5.2 In-Store Delivery “The Body Shop, Mauritius” – “Click and Collect”
The Customer may have the product delivered, ordered and purchased on the Website, at one of the The Body Shop, Mauritius points of sale of his choice among those pre-selected or those appearing in the drop-down list when choosing one of the points of sale. The coordinates of the selected store will be displayed so that the Customer can choose in full awareness of the facts.
As soon as the Customer’s order is available in one of the pre-selected The Body Shop, Mauritius points of sale, the Customer receives an e-mail at the e-mail address indicated by the Customer when ordering to pick up his purchase at the opening hours of the store. The Customer’s order is available at the store for a period of five (5) days following the Order Confirmation. In case of failure to take delivery of the order within this period, an administrative fee of five (5) % of the total amount of the order may be applied by The Body Shop, Mauritius.
In order to take delivery of his order, the Customer will have to go to one of the The Body Shop, Mauritius points of sale selected, with his identity card and the Order Confirmation and/or the invoice. Where a third party takes delivery of the order, the latter must present: the identity card of the Customer, his own identity card, the Order Confirmation and/or the invoice as well as an authorization made by the Customer, empowering the third party to take delivery of the product(s).
9.6 Product Installation
The Body Shop, Mauritius offers an installation service for products sold on the Website and requiring professional installation, which is free of charge. The Customer has the opportunity, when placing and oder, to indicate whether he wants the product(s) ordered to be installed by The Body Shop, Mauritius.
The Body Shop, Mauritius undertakes to do its best to install the product(s) ordered at the address indicated by the Customer, within five (5) working days from the date of delivery.
Any delay in the installation of the product(s) will not, in any case, engage the responsibility of The Body Shop, Mauritius in any manner whatsoever.
9.7 Unavailability of products
In case of unavailability of products at the time of delivery, The Body Shop, Mauritius reimburses the sums paid as soon as possible, under the conditions provided for at article 3.3 of the GCS.
9.8 Delivery and transfer of risk
The total transfer of the risks to the Customer, including the loss or damage of the products during their transport, takes place upon signature of the delivery order or the delivery note by the Customer or his representative.
9.9 Return time
In the event that the Customer is not satisfied with the product ordered by him, he has a period of seven (7) days from receipt of the product to proceed either (i) with the exchange for another product of his choice, or (ii) return the product and ask for a refund.
The exchange or refund of a product is subject to the following conditions:
- the product must always be in its original packaging;
- the product must be in perfect working condition; and
- the product must not have been purchased on promotion or the subject of a special offer.
The refund of a product will be done only by way of voucher of the same value which will be utilizable in all the stores of The Body Shop, Mauritius.
ARTICLE 10 – GUARANTEE OF HIDDEN DEFECTS
The Body Shop, Mauritius is required to guarantee against hidden defects of the product(s) sold which render it unfit for the use for which it was intended, or which so impair its use that the Customer would not have acquired it, or would only have given a lesser price for it, had he known of the defects.
The action resulting from latent defects must be entered by the Customer, in a short time, according to the nature of the latent vices, and the use of the place where the sale was made.
The Customer may decide to implement the guarantee against hidden defects of the product sold in accordance with Article 1641 of the Mauritian Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Mauritian Civil Code.
Except for the case of hidden defect provided under the Mauritian Civil Code:
- any product delivered to the Customer’s home will be considered as having been delivered in perfect working condition when the Customer or his representative has signed the delivery note without making any reservation;
- any product withdrawn in one of the points of sale of The Body Shop, Mauritius will be considered compliant and in perfect condition once the Customer or his representative has signed the withdrawal order without making any reservation;
- any claim made after the signing of the delivery order or withdrawal order will be rejected and cannot engage the responsibility of The Body Shop, Mauritius especially for non-compliance, defect of the product or quantity ordered.
ARTICLE 11 – COMMERCIAL GUARANTEE
Products may be sold under the sole guarantee of the manufacturer and may be accompanied by a guarantee card delivered to the Customer by The Body Shop, Mauritius upon delivery or upon taking delivery of the product. All conditions applicable to the guarantee of a particular product will be stated on the warranty card.
ARTICLE 12 – FORCE MAJEURE
All facts or circumstances which are unavoidable, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by them, despite all reasonably possible efforts, will be considered as force majeure. The blocking of means of transport or supplies, earthquakes, cyclones, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the parties are, expressly regarded as cases of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the Courts and the Courts of Mauritius.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence as well as their disappearance.
All cases of force majeure shall be considered as causes of exemption justifying the non-performance and/or the suspension of the obligations of the party suffering the force majeure.
ARTICLE 13 – LIABILITY
The responsibility of The Body Shop, Mauritius can only be engaged in cases of its gross, intentional or fraudulent negligence towards the Customer.
The Body Shop, Mauritius will, in no way, be held liable (directly or indirectly) in cases where the non-performance or failure to perform these GCS is because of the Customer, or because of a third party to these GCS or because of a of case force majeure as defined in clause 12 above.
13.2 Product safety defect
In case of a damage caused by a defect to the product’s safety, the Customer must either enforce the product guarantee if same exists, or seek the liability of the manufacturer identifiable from the information on the product packaging.
ARTICLE 14 – INTELLECTUAL PROPERTY
All the elements reproduced on the Website, including photographs, visuals, texts, logos, slogans, drawings and images, are the exclusive property of The Body Shop, Mauritius and are protected by copyright, trademark law and the law of patents.
Any reproduction or diffusion of these elements, without the prior written authorization of The Body Shop, Mauritius exposes the violators to legal proceedings.
The corporate names, trademarks and distinctive signs reproduced on the Website are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
ARTICLE 15 – PROTECTION OF PERSONAL DATA
ARTICLE 16 – MEDIATION
In case of dispute, you should first and foremost contact the company’s customer service at +230 249 0128 from Mondays to Fridays except during public holidays, from 9 a.m. to 4 p.m., or by email on firstname.lastname@example.org or by post at THE BODY SHOP, MAURITIUS, Riche Terre, Mauritius.
ARTICLE 17 – COMPETENT COURT
In the absence of an amicable agreement being reached, any dispute relating to the existence, interpretation, conclusion, execution or breach of these GCS and all documents related to the GCS will be within the exclusive jurisdiction of the courts of the Mauritius.
ARTICLE 18 – APPLICABLE LAW
These GCS are exclusively subject to the laws of Mauritius.