General Terms and Conditions of Sale

Dernière mise à jour : 28.08.2025

Between:

1° The Company Terre de Mars – Natural Cosmetics House SAS, Simplified Joint Stock Company with a capital of €40,000, registered with the Paris Trade and Companies Register under number 830 026 092, whose registered office is located at 2 rue de Vienne, 75008 Paris, hereinafter referred to as TDM,

On the one hand,

Et

2° The person navigant, becoming aware, booking, ordering and/or purchasing a product or service offered on the website « terredemars.com », hereinafter referred to as the Client,

On the other hand,

Hereinafter collectively referred to as the "Parties".

It has been exposed and agreed as follows:

ARTICLE 1 – DEFINITIONS

For the execution and interpretation of these presents, the following terms and expressions, when capitalized, have the following meanings:

• Article/Product : Property(ies) offered for sale on the Website « terredemars.com » having been the subject of an Order.

• Commande : Purchase of goods or services made by the Customer from TDM.

• General Terms and Conditions of Sale (GTCS) : Present document defining the terms of sale.

• Delivery time : Period between the Order confirmation and its receipt by the Customer.

• Delivery fees : Cost incurred by TDM to deliver the Order to the address provided by the Customer.

• Delivery : Shipping of the Product(s) to the Customer.

• Delivery method : Delivery option available on the Site at the time of Order.

• Price : Unit value of the Items, all taxes included, excluding Shipping Fees.

• Total price : Total amount of the Prices of Ordered Items, all taxes included.

• All-inclusive price : Total price including shipping fees, all taxes included.

• Service : Service offered for sale on the Website « terredemars.com ».

• Site : Online sales website « terredemars.com » used by TDM to market its Products/Services.

• Territory : Geographical area defined in Article 3.

• Client : User browsing, booking, ordering, or purchasing a product or service on the Site.

• Online Sale : Marketing of TDM Products or Services via its Website.

References in the singular include the plural and vice versa. References to one gender include the other gender.

ARTICLE 2 – PURPOSE

TDM markets cosmetic products and related services via the Website « terredemars.com ». The list of Products and Services can be viewed at the address www.terredemars.com. These GTC define the rights and obligations of the Parties within the framework of the online Sale of Products and Services offered by TDM to the Client.

ARTICLE 3 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply to all sales of Products and Services made by TDM via the Site, exclusively for individual Clients who are non-traders acting for personal use.

They exclusively govern the relations between TDM and the Client, taking precedence over any other document. The Client acknowledges having read the GTC before confirming their Order, this confirmation constituting unconditional acceptance of these terms.

Les CGV s’appliquent aux Commandes livrées sur le Territory following: Metropolitan France (including Corsica), Overseas, Europe and the rest of the world.

TDM may modify the GTC at any time by publishing a new version on the Site, applicable to Orders placed after the online publication. The GTC in effect on the date of Order validation shall apply.

Le fait que TDM ne se prévale pas d’une clause des CGV ne vaut pas renonciation à son application ultérieure.

ARTICLE 4 – ORDER

Le Client places their Order online via the Site « terredemars.com ». The photos of the Items on the Site are not contractually binding, although TDM strives to ensure an accurate representation of the Products.

Pour passer une Commande, le Client doit :

1. Access the Site « terredemars.com ».

2. Select the Products and click on "Add to Cart", then choose "Continue Shopping" or "Go to Cart".

3. Check the Order details and the Total Price in the "Cart".

4. Fill out the Order form with your exact details. In case of prolonged inactivity, the selection may be lost, requiring the Customer to start over.

5. Check and, if necessary, correct errors in the Order.

6. Validate the Order, the Total Price, and the All-Inclusive Price.

7. Follow the payment server instructions to pay the all-inclusive Price.

Le Client reçoit ensuite par email une confirmation de paiement et un accusé de réception de la Commande, incluant :

• A summary of the ordered Products and their references.

• The Price of Products and the quantity.

• La date de la Commande.

• Les Shipping Fees.

• Le selected payment method.

• The mention of the right of withdrawal.

Le Client doit vérifier ces informations et signaler toute erreur à TDM dans les plus brefs délais à l’adresse contact@terredemars.com. Failure to respond to the acknowledgment of receipt shall be deemed acceptance of the Order.

TDM fulfills Orders within the limits of available stock. In case of unavailability, TDM informs the Customer. TDM reserves the right to refuse an abnormal Order, one made in bad faith, or in case of a dispute with the Customer, notably for non-payment of a previous order (article L.221-11 of the Consumer Code).

ARTICLE 5 – PRICE AND PAYMENT TERMS

5.1 – Price

The Prices of Products and Services are indicated on the Site per item or service, all taxes included, excluding Delivery Fees. The all-inclusive Price, including Delivery Fees, is indicated before the Order confirmation. Access fees to the Site remain the responsibility of the Customer. Prices and offers are valid as long as they are displayed on the Site.

5.2 – Payment Terms

Payment is made by credit card (Carte Bleue, Visa, Eurocard/MasterCard) or PayPal. The transaction is debited immediately after verification of the card details, subject to authorization from the issuing company. The Customer confirms that they are the cardholder of the card used and authorizes TDM to debit the all-inclusive Price (article L.132-2 of the Monetary and Financial Code).

La validation of the Order and payment constitutes proof of the Order, in accordance with law no. 2000-230 of March 13, 2000. In case of fraudulent use of the card, the Customer must contact TDM at contact@terredemars.com. If payment is not possible, the Order is cancelled.

TDM uses a secure SSL payment module to ensure the confidentiality and security of data. Purchase orders and invoices are archived on a reliable and durable medium (Article 1379 of the Civil Code).

ARTICLE 6 – DELIVERY AND RECEIPT OF PRODUCTS

6.1 – Delivery method

The Customer chooses a Delivery Method offered on the Site during the Order. Delivery is made to the address provided by the Customer, located within the Territory, under penalty of Order refusal. The Customer is responsible for errors in the provided address. Delivery Fees, which vary depending on the Order amount and the Delivery Method, are indicated before confirmation.

6.2 – Delivery times

Delivery times, expressed in business days, include the preparation and shipment of the Order. They are indicated on the Site and depend on the availability of the Products. The times start from the confirmation of the Order by TDM. The Customer can track the status of their Order on the Site.

6.3 – Delivery Delays

In case of delay, TDM informs the Client by email. The Client may cancel the Order by email at contact@terredemars.com or by registered mail to Terre de Mars SAS – 2 rue de Vienne, 75008 Paris, France. If the Order is not shipped, TDM refunds the Customer within the 14 days suivant l’annulation. Si la Commande est expédiée, le Client peut refuser le colis, et TDM rembourse les sommes débitées et les frais de retour dans les 14 days following the receipt of the refused package, complete and in its original condition.

6.4 – Receipt of Products

Upon receipt, the Customer verifies:

• The number of packages in relation to the transport document and the invoice.

• The condition of the packaging (intact, undamaged, not wet or altered).

In case of damaged packages, the Customer must make reservations with the carrier by registered mail within the 3 business days suivant la Livraison (article L.133-3 du Code de commerce) et en informer TDM. En cas de non-conformité des Produits, le Client contacte TDM à contact@terredemars.com indicating the reference and the date of the Order, and returns the Products to the aforementioned address.

ARTICLE 7 – TRANSPORT RISK

TDM bears the risks of storage and transport until Delivery. The transfer of risks to the Customer occurs upon the taking of possession of the Products by the Customer or a designated third party, other than the carrier (Article L.216-4 of the Consumer Code).

ARTICLE 8 – RIGHT OF WITHDRAWAL

The Customer has a period of 14 days from the receipt of the Products to exercise their right of withdrawal without reason (Article L.221-18 of the Consumer Code). They notify their decision by email to contact@terredemars.com in a clear statement and returns the Products to Terre de Mars SAS – 2 rue de Vienne, 75008 Paris, France within the same timeframe.

Products must be returned new, unused, in their original protected packaging. Return shipping costs are the responsibility of the Customer, unless otherwise stated before the Order (article L.221-23). TDM refunds the all-inclusive Price, including the initial Delivery Fees, within the 14 days following the withdrawal notification, subject to receipt of the Products or proof of their return.

ARTICLE 9 – RETURNS AND REFUNDS

Les Produits achetés sur le Site peuvent être retournés et remboursés dans les 30 days upon their receipt, unless otherwise stated (e.g.: sales). Returns are not accepted in-store. The Customer returns the Products in their original condition (packaging, label, invoice) to Terre de Mars SAS – 2 rue de Vienne, 75008 Paris, France, at its expense, by registered Colissimo. TDM refunds compliant Products within the 14 days following their receipt. TDM is not responsible for Products lost, stolen, or damaged during return.

Pour demander un remboursement, le Client envoie un email à contact@terredemars.com with the order number and the Product reference.

ARTICLE 10 – WARRANTIES

10.1 – Warranty Against Hidden Defects

TDM is liable for the warranty against hidden defects that make the Product unfit for use or significantly reduce its use (Article 1641 of the Civil Code). The action must be brought within the 2 years following the discovery of the defect (article 1648).

10.2 – Legal warranty of conformity

TDM guarantees the Products' compliance with the contract (Article L.217-4 of the Consumer Code). The Customer may take action within the 2 years following Delivery (article L.217-12).

10.3 – Authenticity Guarantee

TDM guarantees the authenticity of the Products sold on the Site.

ARTICLE 11 – CONFIDENTIALITY AND PERSONAL DATA

TDM processes Clients' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the amended law no. 78-17 of January 6, 1978. The privacy policy, accessible on the Site under the "Personal Data Charter" tab, details the purposes, legal bases, and Clients' rights (access, correction, deletion, etc.). TDM uses an SSL secure payment module to protect transmitted data.

ARTICLE 12 – COOKIES

TDM uses cookies to enhance the user experience, analyze navigation, and personalize content, subject to the Client's prior consent, in accordance with the GDPR. Cookies do not allow the identification of the Client. Their retention period is specified in the cookie policy on the Site. The Client can object to non-essential cookies via their browser settings, as indicated in the cookie policy.

ARTICLE 13 – MEDIATION

cas de litige, le Client peut recourir à un médiateur de la consommation, conformément à l’article L.612-1 du Code de la consommation. Les coordonnées du médiateur sont disponibles sur le Site ou sur demande à contact@terredemars.com. The Customer can also consult the European Online Dispute Resolution platform: http://ec.europa.eu/odr.

ARTICLE 14 – FORCE MAJEURE

A party shall not be held liable for delays or failures to perform due to a force majeure event, as defined in Article 1218 of the Civil Code (an unforeseeable, irresistible, and external event). TDM suspends its obligations in the event of force majeure (e.g., labor disputes, natural disasters, network outages) and informs the Client.

ARTICLE 15 – INTELLECTUAL PROPERTY

TDM holds exclusive intellectual property rights on the Products, the Site, and its elements (trademarks, designs, texts, images, etc.). Any reproduction, modification, or use without prior written authorization from TDM is prohibited. Customers may not create links to the Site without prior agreement.

ARTICLE 16 – EFFECTIVE DATE AND DURATION

Les CGV apply for the duration necessary for the provision of Products and Services, until the expiration of TDM's warranties and obligations.

ARTICLE 17 – GENERAL PROVISIONS

17.1 – Entire Agreement

Les présentes CGV constituent l’intégralité de l’accord entre les Parties, remplaçant tout accord antérieur.

17.2 – Modification

Toute modification des CGV nécessite un accord écrit signé des Parties.

17.3 – Nullity

If any clause is null, the other provisions remain in effect.

17.4 – Domiciliation

The Parties elect domicile at the addresses indicated on the Order for the Client and at the 2 rue de Vienne, 75008 Paris for TDM.

17.5 – Applicable law and disputes

The General Terms and Conditions of Sale are subject to French law. In the event of a dispute, the competent court is that of the defendant's domicile or the place of actual Delivery (Article 42 of the Code of Civil Procedure).