Terms and Conditions of Sale
Subject
These General Terms and Conditions of Sale (GTC) apply to all sales of products and services concluded by 3B Pharma with its business customers, regardless of the channel: the 3bpharma.fr website, quotation, written exchanges, or telephone. 3B Pharma designs, manufactures, and/or distributes cosmetics and wellness products intended for professionals (resellers, brands) who market them under their own name, either as White Label or Custom Development. For White Label products, the formulations remain the exclusive property of 3B Pharma; for Custom Development, the formulations developed specifically for the Customer become their property (see Article 8). Placing an order implies full and unreserved acceptance of these GTC, which take precedence over the Customer's purchasing terms, unless otherwise agreed in writing by 3B Pharma. 3B Pharma may amend these GTC at any time; the applicable version is the one in effect on the date of the order. The information appearing on 3B Pharma's website, catalogues, or marketing materials is provided for information purposes only and is binding on 3B Pharma only after written confirmation via quotation or order confirmation.
Article 1 — Definitions
3B Pharma / the Seller: a simplified joint-stock company (société par actions simplifiée) with a share capital of €1,204, having its registered office at 105 rue des Mourettes, 26000 Valence, registered with the Romans Trade and Companies Register under number 987 475 050. The Customer: any professional, or their authorized representative, placing an order with 3B Pharma. White Label: a product developed and manufactured by 3B Pharma and then marketed by the Customer under their own brand, in accordance with the materials and claims approved by 3B Pharma. Custom Development: a product developed in collaboration with 3B Pharma based on specifications provided by the Customer; 3B Pharma may be designated as the Responsible Person if the Customer makes a written request, otherwise 3B Pharma is not liable for the Customer's decisions regarding placement on the market. Responsible Person: within the meaning of Regulation (EC) No. 1223/2009, the entity ensuring the compliance of the cosmetic product prior to its placement on the market in the European Economic Area, specifically regarding safety, the PIF, and CPNP notification.
Article 2 — Offers, Quotes and Rates
Offers and prices from 3B Pharma are valid subject to availability and until modified. Prices are stated exclusive of tax (applicable VAT). All orders are subject to a quote, valid for 30 days from its issuance; beyond this period, it must be reconfirmed by 3B Pharma. Prices are guaranteed from the validation of the order and cannot be modified thereafter, except in circumstances of force majeure or a significant increase in raw material costs (Article 11). In the event of product unavailability after an order is placed, the Client will be informed as soon as possible; 3B Pharma shall not be held liable for the consequences of such unavailability.
Payment: for White Label products, payment is made in a single installment, according to the terms specified on the quote. For Custom Development services, payment terms (deposit, payment schedule) are defined on a case-by-case basis in the quote. Any amount not paid by the due date will result in late payment penalties at the prevailing ECB rate plus 10 percentage points, as well as a fixed recovery fee of 100 euros, without prejudice to any damages. No deduction may be made by the Client, even in the event of a dispute. Failure to pay an invoice makes all outstanding amounts immediately due and payable and authorizes 3B Pharma to suspend or cancel pending orders.
Article 3 — Ordering and Proof Approval (BAT)
The Client submits their request by email to contact@3bpharma.fr, via the website 3bpharma.fr, or by any other written means. Once accepted, an order cannot be canceled, modified, or returned without the prior written consent of 3B Pharma, which may condition this agreement on compensation for any losses incurred, including lost profit margins. Any deposit paid remains the property of 3B Pharma in the event of a cancellation attributable to the Client. For customized products (labels, packaging, branding elements), manufacturing only begins after the Client provides written approval of a final proof (BAT). This approval binds the Client's responsibility regarding the accuracy of the information and visuals reproduced, and no claims related to an error present on the approved proof can be made against 3B Pharma once production has started. Clients who choose to create their files in-house and entrust 3B Pharma with printing or screen printing will be held responsible in the event of printing or display defects. 3B Pharma shall not be held liable for visual defects resulting from a file that was not created by its graphic design studio. The lead times provided—indicatively about 1 month for White Label and 6 to 8 months for Custom Development—run from the receipt of payment (or the deposit for custom development) and are non-contractual, unless expressly agreed in writing by 3B Pharma.
Article 4 — Regulatory Compliance
4.1 Private Label: products are regulated by Cosmetics Regulation (EC) No 1223/2009 and the French Public Health Code. 3B Pharma is the Manufacturer within the meaning of the regulation; the Client is the Distributor. 3B Pharma remains solely responsible for claims and marketing materials related to the products: the Client may only use materials published or approved in writing by 3B Pharma. The Client remains responsible for any elements they add (logo, brand, address, website) and must ensure they hold the rights to them, as well as comply with local regulations for any sales outside of France. In accordance with cosmetic regulations, 3B Pharma's name and address as Manufacturer must appear on the packaging of each product sold under Private Label; when the Client produces their own labels or packaging elements, they commit to including this information. 4.2 Custom Formulation: the Client defines their role within the meaning of the regulation. If they assume the role of Responsible Person, they are solely responsible for product compliance, the Product Information File (PIF), and CPNP notification; 3B Pharma may provide technical assistance without this transferring final liability. 3B Pharma's liability remains strictly limited to the services explicitly defined in the contract. 4.3 Manufacturing: 3B Pharma acts as a contract manufacturer (Good Manufacturing Practices, traceability, technical documentation) and may outsource all or part of production. The Client, as the principal, warrants the compliance of the specifications, materials, or packaging they provide, as well as labeling compliance with the regulations of the target territories. For any marketing outside the European Union, compliance with local regulations is the Client's responsibility, unless previously agreed otherwise in writing.
Article 5 — Delivery and complaints
3B Pharma may deliver in one or more shipments, including shipping certain items separately, such as labels. Unless agreed otherwise, deliveries outside of France are made under the EXW Incoterm; import formalities and costs remain the responsibility of the Client. The Client must inspect the products upon receipt (quality, quantities, references) and submit any reservations to the carrier within the statutory deadlines, then inform 3B Pharma at contact@3bpharma.fr. After a period of 3 business days following handover, or once the products have been used, no claims will be accepted. In the event of non-compliance reported within 3 months of delivery, 3B Pharma will replace the product at its own expense, unless the defect is attributable to the Client or the carrier. Any return is subject to prior written consent. Defects resulting from improper storage, misuse, abnormal conditions, third-party intervention, or packaging carried out without 3B Pharma's authorization are excluded from the warranty. 3B Pharma's liability is strictly limited to the value of the products concerned, excluding any indirect damages (loss of business, loss of profit, etc.). In the event of a force majeure event delaying or preventing delivery, 3B Pharma may terminate the contract without compensation if the Client refuses a price increase or an extension of the deadline made necessary by the circumstances.
Article 6 — Mandatory Regulatory Formalities (CPNP)
Any new Client or new product is subject to mandatory registration formalities (CPNP). These services, whether invoiced or offered free of charge depending on the case, are a mandatory prerequisite to marketing; 3B Pharma may suspend delivery until the necessary information and corresponding payment have been received.
Article 7 — Regulations, obligations, and responsibilities
3B Pharma commits to complying with Good Manufacturing Practices (standard NF EN ISO 22716), the French Public Health Code, and Regulation (EC) No 1223/2009, ensuring the traceability of raw materials and finished products, providing proof of compliance upon request (including in the event of an inspection by the DGCCRF), and maintaining professional liability insurance throughout the duration of the contract. The Client commits to not associating any claims with the products that have not been validated by 3B Pharma, storing them under appropriate conditions (away from light, heat, and moisture), not marketing expired products, informing their own customers of precautions for use and storage, and cooperating fully in the event of a product recall initiated by 3B Pharma.
Article 8 — Intellectual Property and Communication
Formulas: for White Label products, formulas remain the exclusive property of 3B Pharma, which retains the right to reuse them or offer them to other clients. For Custom Development, formulas developed specifically for the Client in accordance with their specifications become the property of the Client. For all other elements (studies, designs, models, prototypes not specific to a formula, as well as 3B Pharma's brand and graphic guidelines), 3B Pharma remains the sole owner of its intellectual property rights. The Client may not reproduce or exploit them without prior written authorization, which may be subject to financial compensation. 3B Pharma reserves the right to showcase its work on its own promotional channels (website, social media, press), without any objection from the Client.
Article 9 — Retention of Title
The transfer of ownership of the products is suspended until full payment of the price by the Customer, including principal and incidental costs, even in the event of an granted payment period.
Section 10 — Indemnification
The Reseller Client shall indemnify and hold 3B Pharma harmless against any claim, action, or damage resulting from the operation of its business, a breach of these GTC, or any act or omission on its part, by its employees, or by its own customers.
Article 11 — Force Majeure
3B Pharma cannot be held liable for any delay or failure to perform resulting from an event of force majeure (strike, fire, natural disaster, raw material supply difficulties, regulatory changes, or any event beyond its control).
Article 12 — Confidentiality and Personal Data
The Customer's personal data (identity, contact details, payment information) is processed for order management, customer relations, and legal compliance. It may be shared with service providers required to fulfill the order (toxicologist, carriers, printing, payment processing) and is never sold to third parties. 3B Pharma implements appropriate security measures and retains data for the duration of the contractual relationship, plus applicable statutory limitation periods. In accordance with the GDPR, the Customer has the right to access, rectify, erase, restrict, port, and object to their data, which can be exercised by contacting contact@3bpharma.fr (accompanied by proof of identity). The 3bpharma.fr website uses cookies for browsing and audience measurement purposes; users may decline them via their browser settings, which may affect certain website features.
Section 13 — Language, Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are drafted in French. In the event of a translation into another language, particularly for export Customers, only the French version shall prevail. These Terms are governed by French law. Any dispute relating to their formation, performance, or termination shall fall under the exclusive jurisdiction of the Commercial Court of Romans, France.
Last updated: September 9, 2026.