Terms of Use / Terms and Conditions of Sale

Delivery outside metropolitan France is by Colissimo or DHL, depending on the destination. Deliveries to the French overseas departments and territories and abroad are always treated as "international delivery", at the postal rates in effect when the order is placed. Outside the European Union, customs duties or import taxes may be added to the price of our products and remain the Customer’s responsibility. It is therefore the Customer’s responsibility to check the amount with their local customs office. Shipping costs are payable by the Customer and vary according to the destination:

Delivery country	Delivery time (after dispatch)	Standard Delivery	Express delivery time (after dispatch)	Express Delivery
French overseas departments and territories	5 to 10 days	15€ Free for orders over €150
European Union and Switzerland (Spain, Portugal, United Kingdom, Germany, Austria, Finland, Belgium, Luxembourg, Netherlands, Denmark, Ireland, Sweden, Italy, Switzerland)	3 to 6 days	8€  Free for orders over €100	1 day	15€ €7 for orders over €100
Rest of Europe and Norway (Bulgaria, Cyprus, Croatia, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Czech Republic, Romania, Slovakia, Slovenia, Norway)	4 to 7 days	15€ Free for orders over €150	2 days	25€ €10 for orders over €150
USA	5 to 8 days	15€ Free for orders over €150	2 days	20€ €5 for orders over €150
Rest of the world	4 to 10 days	15€ Free for orders over €150	2 to 4 days	25€ €10 for orders over €150

  

Article 7: Payment

A. Available payment methods

By confirming an order, the Customer accepts the General Terms and Conditions of Sale in their entirety. The Customer pays on www.ohmycream.com:

- by bank card (CB, Visa or Mastercard) via the secure Paybox payment platform; and/or

- using a voucher.

B. 3D Secure payment

Your order may be subject to 3D Secure verification. 3D Secure is an authentication-based payment system designed to provide optimal security when you shop online. During payment, your bank verifies the cardholder’s identity before approving the transaction.

How 3D Secure verification works:
After you confirm your bank details, you are redirected to your bank’s website. In the 3D Secure window that appears, the authentication process depends on your bank. You may be asked to:
• Enter your date of birth
• Enter a code received by SMS
• Answer a personal question.
This exchange of information between you and your bank is secure. It helps verify the cardholder’s identity. For any questions about your 3D Secure code (obtaining, losing or changing it, etc.), contact your bank directly. PLEASE NOTE: After three failed authentication attempts, your transaction will be cancelled and your card will be blocked. Contact your bank if this happens. You can also reach our customer service team on 01 86 95 02 22 with any questions.

C. Payment verification

To protect against certain fraudulent practices, OH MY CREAM checks orders confirmed on its website. As part of these checks, our customer service team may ask you for documents needed to confirm your order, including proof of address in your name or in the name of the person listed at the delivery address.

 

Article 8: Secure payment – Protection of bank transactions

OH MY CREAM entrusts the security of its transactions to Paybox. Payments are secured by our partner Paybox’s online payment system. Bank details are transmitted over the internet only in encrypted form, meaning they are encoded so that they are completely unreadable, and are therefore never stored by OH MY CREAM.

 

Article 9: Privacy

All personal data provided by the Customer on www.ohmycream.com is processed electronically for the purpose of processing and delivering orders, selecting complimentary samples and suggesting products suited to the Customer’s needs. This data is used exclusively by OH MY CREAM.

In accordance with the amended French Data Protection Act No. 78-17 of 6 January 1978, the processing of the Customer’s personal data has been declared to the CNIL. The Customer has the right to access, modify, rectify and delete data concerning them by contacting OH MY CREAM, 129 rue de l'Université, 75007 Paris – contact@ohmycream.com.

The Customer may subscribe to the OH MY CREAM newsletter to receive regular updates about available offers. The Customer may unsubscribe at any time by clicking the link provided in each newsletter.

 

Article 10: Returns and exchanges

The Customer has 14 days from the day they receive their order to exercise their right of withdrawal without giving a reason.

In accordance with Article L.121-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection (e.g. skincare and make-up products). Any goods returned to OH MY CREAM in contravention of Article L.121-28 of the French Consumer Code will be sent back to the Customer at OH MY CREAM’s expense, without the Customer being entitled to claim any compensation.

To exercise the right of withdrawal, the Customer must notify OH MY CREAM (129 rue de l'Université, 75007 Paris – contact@ohmycream.com) of their decision to withdraw before the deadline expires, by means of an unequivocal statement (for example, a letter sent by post or an email).

The Customer may use the model withdrawal form below:

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

To OH MY CREAM, 129 rue de l'Université, 75007 Paris, contact@ohmycream.com:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.

If the Customer withdraws from the purchase, OH MY CREAM will refund the amount of their order, including delivery costs (except for any additional costs arising from their choice of a delivery method more expensive than the standard delivery method offered by OH MY CREAM), no later than fourteen days after OH MY CREAM is informed of their decision to withdraw.

OH MY CREAM may withhold the refund until it receives the returned products or until the Customer provides proof that the products have been sent, whichever occurs first.

If an order included a gift offered to the Customer subject to conditions—for example, only when a minimum order value was reached—and the Customer no longer meets those conditions as a result of exercising the right of withdrawal, the gift must be returned to OH MY CREAM with the returned products. OH MY CREAM may withhold the refund until it receives the gift or until the Customer provides proof that the gift has been sent, whichever occurs first.

OH MY CREAM will issue the refund using the same payment method used for the original transaction, unless the Customer expressly agrees to a different method and the refund does not incur any costs for the Customer.

The Customer must send back or return the goods to L4 LOGISTICS – Bâtiment RIS 3, 44 avenue de l’Orme Pomponne, ZI de l’Orme de Pomponne, 91130 RIS ORANGIS no later than fourteen days after communicating their decision to withdraw. This deadline is met if the Customer sends back the goods before the fourteen-day period expires.

The Customer must bear the direct cost of returning the goods.

OH MY CREAM advises the Customer to choose a delivery method with a tracking number. Without a tracking number, OH MY CREAM will not accept any claims.

The Customer is liable only for any loss in value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning.

 

Article 11: Vouchers

A. Online Store Gift Cards

Vouchers issued by Oh My Cream in exchange for a return or purchased by the Customer on the online store can be used for one year on all products offered at www.ohmycream.com. Online-store vouchers are not valid in physical stores. Vouchers cannot be combined with one another or with promotional codes and cannot be redeemed for cash. Vouchers will not be exchanged or refunded, even in part, for any reason whatsoever (including theft, loss, damage or expiry).

B. In-store gift cards

Vouchers purchased by the Customer in stores are valid for 1 year on all products offered in any Oh My Cream store. In-store vouchers are not valid on the online store. Vouchers cannot be combined with promotional codes and cannot be redeemed for cash. Vouchers will not be exchanged or refunded, even in part, for any reason whatsoever (including theft, loss, damage or expiry).

C. Gift Cards for In-Store Treatments

Gift Cards for In-Store Treatments purchased by the Customer in stores or on the online store are valid for 1 year in any Oh My Cream store. The treatment can only be provided in store upon presentation of the paper gift card issued at the time of purchase. Gift cards will not be exchanged or refunded, even in part, for any reason whatsoever (including theft, loss, damage or expiry).

 

Article 12: Promotional codes

Promotional codes apply only to undiscounted base prices. Promotional codes cannot be combined with one another or with vouchers. Promotional codes may be used once per Customer account unless OH MY CREAM states otherwise. These codes are not refundable in the event of an exchange.

 

Article 13: Intellectual property

All visual, textual and audio content on www.ohmycream.com is the exclusive property of OH MY CREAM or the relevant intellectual property rights holder and is protected by intellectual property and copyright law. Any reproduction, in whole or in part, of the OH MY CREAM brand or the www.ohmycream.com website is therefore strictly prohibited.

You may link to our website if you do so fairly and without damaging our reputation or taking advantage of our name. You must not, however, create a link in a way that suggests an association where none exists. Linking to our website from a website you do not own is also strictly prohibited. We reserve the right to have links removed without notice.

 

Article 14: Limitation of liability

OH MY CREAM shall not be liable to third parties for indirect or special damages or incidents arising from the Customer’s negligence, failure or error, or resulting from the Customer’s misuse of any product offered for sale on www.ohmycream.com. With regard to access to and browsing of the website, and the ordering, payment, delivery and service processes, OH MY CREAM is subject only to an obligation to use reasonable efforts. OH MY CREAM shall not be liable for any inconvenience or damage inherent in the internet, including connection disruptions or computer viruses. OH MY CREAM is also exempt from liability for any event deemed to constitute force majeure under the case law of the French Court of Cassation. Finally, OH MY CREAM’s liability is limited to the value of the Customer’s order.

 

Article 15: Statutory warranty

Products sold on www.ohmycream.com are covered by the statutory guarantee of conformity set out in Articles L.217-4 et seq. of the French Consumer Code and the warranty against hidden defects set out in Articles 1641 et seq. of the French Civil Code.

15.1 Statutory guarantee of conformity

Article L. 217-4 of the French Consumer Code: The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity arising from the packaging, assembly instructions or installation where installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility. Article L. 217-5 of the French Consumer Code: Goods conform to the contract: 1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable: - match the description given by the seller and possess the qualities presented to the buyer as a sample or model; - possess the qualities that a buyer may legitimately expect in view of public statements made by the seller, producer or their representative, particularly in advertising or labelling; 2° Or if they possess the characteristics agreed by the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller. Article L. 217-12 of the French Consumer Code: Claims arising from a lack of conformity must be brought within two years of delivery of the goods.

15.2 Warranty against defects in the goods sold

Article 1641 of the French Civil Code: The Seller is liable under the warranty for hidden defects in the goods sold that render them unfit for their intended use or so impair that use that the buyer would not have purchased them, or would have paid a lower price, had they known of the defects. Article 1648 of the French Civil Code: An action arising from a defect giving grounds for rescission must be brought by the buyer within two years of discovering the defect.

When making a claim under the statutory guarantee of conformity, the Customer:

- has two years from delivery of the goods to bring a claim;
- may choose between repair and replacement of the goods, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code;
- is not required to prove that the lack of conformity existed during the twenty-four months following delivery of the goods.

The statutory guarantee of conformity applies independently of any commercial warranty that may be offered.

The Customer may invoke the warranty against hidden defects in the goods sold under Article 1641 of the French Civil Code. In that case, the Customer may choose either to cancel the sale or to obtain a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

Article 16: Disputes – Complaints – Information

If you have a question, a complaint or need information about the online terms of sale established by OH MY CREAM, please contact Customer Service by email at contact@ohmycream.com.

 

Article 17: Applicable law

The Customer fully accepts and acknowledges that these General Terms and Conditions of Sale, and any disagreement or dispute that may arise between the Customer and OH MY CREAM, are governed by French law. The website user (or Customer) also agrees that, in the event of a dispute arising from a visit to or purchase on www.ohmycream.com, the French courts shall have jurisdiction.

 

Personal data protection statement

1. Collection and general use of data

 

a. Orders: When you place an order, we record your data so that we can process your order and dispatch the products you have purchased. This information is also retained for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalise our offers. We use your email address to send you an order confirmation and contact you if necessary. Your email address also identifies you when you log in to your user account. Personal data collected on www.ohmycream.com is used exclusively by OH MY CREAM.

b. Logging in to your user account: When you place an order on our website, we offer you access to a password-protected “User Account”. This allows you to view information about your previous orders and correct your personal information if necessary. It is important not to disclose your “User Account” login details to third parties, as they are strictly for your personal use.

c. Advertising: We use your data to send you information about our products and recommend products sold on our website that may interest you. We only send advertising by email within the limits set by law.

d. Newsletter subscription: If you subscribe to our newsletter, you will receive information about special offers. You can stop receiving these emails at any time by clicking the link provided in each newsletter. The information collected when you subscribe to our newsletter helps us make more relevant commercial offers.

e. Browsing websites: For security reasons, the following data may be collected and stored temporarily when you visit our website: domain name or IP address, HTTP response code, number of bytes transferred and the address of the website from which the user arrived. This data is collected completely anonymously (we collect the data but do not associate it with an identity) and helps us provide more relevant offers to our users.
 

2. Recording data using cookies

A cookie is a small file stored on a computer. It contains information about how you browse the pages of our website. It makes it easier for the same person to use the site again and restores the preferences selected during a visit. You can restrict the use of cookies through your browser settings, although this may limit your use of some services we offer on our site. You can also delete cookies manually.

Google Analytics We use Google Analytics, a service provided by Google Inc. (“Google”), to understand how users interact with our site. Google Analytics uses cookies. Information obtained through cookies about your use of www.ohmycream.fr (including your IP address) is transferred to and stored on a Google server. The Google Analytics terms of use, which OH MY CREAM has accepted, prohibit the transmission to Google Analytics of personal information that could identify an individual, including, but not limited to, names, email addresses or bank details. Google uses the information collected to understand how you use our website and to provide other services relating to the use of our website. You can restrict the use of cookies through your browser settings, although this may limit your use of some services we offer on our site. Cookies can also be deleted manually. If you do not want your browser to use Google Analytics, you can install the Google Analytics Opt-out Browser Add-on: https://tools.google.com/dlpage/gaoptout

By browsing our website, you agree to Google processing data about you for the purposes described above.

For more information about OH MY CREAM’s use of cookies, please see our cookie statement.
 

Secure data transfer

Our website uses a security system. We have adopted SSL (Secure Socket Layer) encryption to protect your data against loss, destruction, access, alteration or disclosure by unauthorised third parties.
 

Your rights

Rights of access and rectification: In accordance with the amended French Data Protection Act No. 78-17 of 6 January 1978, you have the right to access, modify, rectify and delete data concerning you. For any request relating to the processing of your personal data or to exercise your rights, please write to us, including your contact details, at: SAS OH MY CREAM, 129 rue de l'Université, 75007 Paris – contact@ohmycream.com.

Right to object: You may object at any time, on legitimate grounds, to the use of some or all of your personal data for advertising or research purposes. To do so, simply send written notice of your request by email or post to the address given above.