GENERAL CONDITIONS OF SALE
Updated: 06.03.2019
Definitions – Fields of application
“GTC”: these general conditions online on the site
“Buyer / Buyers”: natural person in legal capacity to contract, over 18 years of age, non-traders, placing an order on the Site.
“Order”: purchase made by a Buyer under the conditions provided for in these general conditions of sale.
“Username and password”: all the information necessary to identify a buyer on the site. The username and password allow Buyers to access services reserved for members of the site. The password is confidential.
“Members”: buyersbecome members when they are identified on the Site.
“Products” or “Product”: goods marketed by skinhaptics
“Site”: www.skinhaptics.com
“Company”: the company SKINHAPTICS, limited liability company, with a capital of 12,000.00 euros, having its registered office at: 111 rue de la Tour – 75116 Paris – France.
“Private sales”: event sales of Products at advantageous prices exclusively reserved for Buyers and organized by SKINHAPTICS.
These general conditions of sale (hereinafter referred to as “GTC”) govern the sale of the goods marketed by theCompany hereinafter referred to as “the Products”.
The Buyer declares to have read and accepted the general conditions of sale before the Order. The Buyer also declares to be able to contract.
These contractual provisions are applicable to any Order placed by any Buyer. The contractual information is presented in French.
These GTC govern all relations between the Company and the Buyer. Their purpose is to inform about the terms and conditions of sale, payment, delivery and return of the Products ordered on the Site.
These general conditions of sale are subject to articles 1582 and following of the Civil Code. In the event of a modification of the general conditions of sale, those applicable to the Order are those that the Buyer will have accepted on the day of placing his Order.
These general conditions of sale can be consulted onthis site www. skinhaptics.com hereinafter referred to as “the Site”.
The Buyer who places an Order will automatically be assigned a personal space dedicated to his Order(s) hereinafter referred to as “Customer Account”.
- Object
The SKINHAPTICS Site offers the sale of natural cosmetic products for pregnant women, children, babies, sensitive skin, as well as physiological carrying scarves, delivered in metropolitan France and outside.
Sales on the site are reserved for Customers in a capacity to contract, natural persons over 18 years of age, non-traders.
- Health recommendations
The Buyer is solely responsible for his choice of products, the suitability for his needs and the use in accordance with the manufacturer’s instructions. The Responsibility of the Company cannot be sought in this regard.
- Application and enforceability of the general conditions of sale
The Order implies the Buyer’s full and unreserved acceptance of the general conditions of sale, to the exclusion of allother documents. No particular condition may, except formal and written acceptance of the Company, prevail against the general conditions of sale.
- Sale of goods
6.1. Conditions of sale of goods
The Company reserves the right to modify the conditions of retail sale of goods at any time.
The purchase of retail goods is made on the Site via a form that the Buyer fillsinby entering his personal data or the data of the person to whom the shipment of the goods will be intended.
Indeed, the Buyer can place an Order for himself or for a third party.
The Buyer must ensure the accuracy of this information and its conformity at the time of subscription. In the event of communication of erroneous data, the Company cannot be held liable.
Any Order requires that the Buyer has a sending and receiving electronic mailbox in good working order, valid and traceable.
Otherwise, the Buyer will not be able to receive confirmation of the validation of his Order.
At the end of the data entry process, including, where applicable, those necessary for online payment, the Buyer must validate his Order by clicking on the validation button.
By validating his Order, the Buyer confirms his Order and declares to fully and unreservedly accept it, as well as all of these general conditions of sale.
Any online Order will be confirmed by the Company by immediately sending an acknowledgment of receipt to the email address mentioned during the Order.
The recorded data constitutes proof of financial transactions.
The computerized records kept in the Company’s computer systems under reasonable conditions of security will be considered as proof of Order and payment made.
Each merchandise is detailed according to the content, the price all taxes included (TTC), the method(s) of payment of the price offered(s), the maximum delivery time from the registration of the Order.
In the event of a promotional offer, the Company’s offer will specify the specific conditions of the offer and in particular the duration of the offer and the savings made.
The Company is not intended to sell goods to professionals.
6.2 Procedure for ordering Products
Online Orders are made via the website.
To place an order, the Buyer must follow the steps described below (depending on the Customer’s start page, the steps may differ slightly):
6.2.1 Selection of Products and Purchase Option
The Buyer must select the Products of his choice by clicking on the Product(s) concerned by choosing the desired characterizes and quantities.
The selected Product is placed directly in the “Basket” of the Customer who can add as many products as he wishes.
6.2.2 Identification of the Customer, choice of payment method and delivery methods
The Buyer will be invited to identify, register or order as a guest, if he has not yet done so.
During the Order procedure, the Buyer must enter all information relating to invoicing and delivery, in particular the exact address of the delivery, as well as any access code.
The sign (*) indicates all the mandatory fields that must be completed for theClient’s Comman to be processed by the Company.
The Buyer must also specify the means of payment and the delivery method chosen.
6.2.3 Acceptance of the General Terms and Conditions
These General Terms and Conditions are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing an Order.
The Buyer is invited to carefully read, download, print the General Conditions and to keep a copy.
The Company advises the Customer to read them with each new Order, the latest version of these General Terms and Conditions applying to any new Product Order.
6.2.4 Control and correction of the Order
Once the Buyer has accepted the General Conditions, an automatically completed online form summarizing the price and applicable taxes will be displayed to his attention.
The Buyer will then be invited to check the content of his order (including the quantity, characteristics, references of the Products ordered, the billing address, the means of payment, the price and the delivery time) before validating its content by clicking on the button “Payment of your order”.
6.2.5 Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the Site to confirm the Customer’s Order.
A copy of this acknowledgment of receipt is automatically sent to the Customer electronically, provided that the e-mail address provided through the registration form is correct.
The Company does not send any order confirmation by post or fax.
6.3 Date of order
The date of the order is the date on which the Company acknowledges receipt of the order online.
The deadlines indicated on the Site only begin to run from this date.
6.4 Refusal of order
The Company reserves the right to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
6.5. Proposed goods
The Company strives to present as clearly as possible the main characteristics of the Products (on the information sheets available on the Site) and the mandatory information that the Buyer must receive under applicable law.
The Buyer undertakes to read this information carefully before placing an order on the Site.
The Company reserves the right to modify the selection of products available on the Site, in particular according to the constraints related to its suppliers.
The goods are offered within the limits of available stocks.
In case of unavailability of one of the goods, the Buyer will be informed as soon as possible by email or mail.
Unless expressly stated otherwise on the Site, all Products sold by the Company are new and comply with the European legislation in force and the standards applicable in France.
In case of doubt about the characteristics of a Product, the Buyer may contact the Company at the email address contact@skinhaptics.com.
- Rates
6.1. Prices shown
The prices of the Products are indicated in euros, all French taxes included (French VAT on the day of the Order)if your country islocated in Europe and without VAT if your country is outside Europe, excluding participation in shipping costs.
The prices of the Products do not include the delivery costs which will be detailed to the Customer before the final validation of his Order.
In case of delivery of the price of a Product, it is systematically indicated on the Product sheet.
The Company reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in force at the time of validation of the Customer’s Order. The changes therefore only apply to future Orders, as Orders already paid are not affected by the price changes.
The payment card is debited at the time of validation of the Order on the Site. Therefore, in the event that a Product is not available, the Buyer’s payment card will be recredited as soon as possible of the entire sum.
The Products remain the property of the Company until full payment of the price.
6.2. Geographical area of delivery
The prices of the Products are applicable in metropolitan France and outside metropolitan France.
Orders that do not meet this geographical condition may not be taken into consideration.
- Customs duties
Any order placed on the Site and delivered outside France may be subject to any taxes and customs duties that are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are at your expense and are the responsibility of the Buyer. The Company is under no obligation to verify and inform you of applicable customs duties and taxes. To know them, the Buyer is advised to inquire with the competent authorities of his country.
- Terms of payment
Payment is made:
- by credit card (CB, Visa, Mastercard, American Express) via the Site by communicating the card number, its expiry date and the cryptogram (last 3 digits on the back of the card);
Cards issued by banks domiciled outside France must be international bank cards. In case of payment by credit card, the amount of the order is debited at the time of validation of the Order on the Site.
Payments made are secured by a data encryption procedure in order to avoid interception of this information by a third party.
The price invoiced is the one indicated in the Basket completed and validated on the day of the order.
The Company cannot be held responsible in the event of fraudulent use of the means of payment used.
In accordance with the regulations in force, the Customer’s bank details are not kept by the Company.
The Buyer is solely responsible for the actual payment and the Product purchased except in the event of a problem related to the online payment procedure and the technical interfaces of the secure payment system.
The Buyer has the possibility to request a paid invoice, regardless of the method of payment chosen.
- Cash
The Company’s offers are valid as long as they are visible on the Site, within the limits of available stocks excluding promotional operations mentioned as such on the Site.
In the event of unavailability of a Product after placing an Order, the Buyer will be informed by email and the Order will be automatically cancelled and no bank debit will be made for this Order.
- Proof
10.1. Electronic signature
The online provision of the Customer’s bank details and the final validation of the Order will be proof of the Customer’s agreement and will be worth:
- exigibility of the sums due under the Order;
- signature and express acceptance of all the operations carried out and of these general conditions.
In the event of fraudulent use of bank details, the Buyer is invited, as soon as this use is noted, to contact the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale.
The Buyer acknowledges the validity and probative value of the electronic exchanges and records kept by the Company and acknowledges that these elements receive the same probative force as a handwritten writing under Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to the electronic signature.
10.2. Proof of transaction
The computerized records, kept in the Company’scomputer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the Company and theBuyer. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
10.3 Security of online payments
In any case, online payment by credit card is secure. The transmission of payment data is encrypted as soon as it is entered. It is impossible to read them during their single transfer to a Paybox System bank validation server that is secured by Secure Socket Layer (SSL) encryption. The only information then circulating on the www.eloandjohn.com site, when ordering, is a coded number associated with the credit card which does not allow in any case to find the real card number. The credit card information must be entered at the time of payment.
The Company is prohibited from using, exploiting or disseminating to a third party, free of charge or for a fee, all the data collected for any purpose other than that of analyzing the risk associated with an order. In the event of a potentially illegitimate use alert, the Company will contact the Buyers by email or telephone to verify the use of the credit card before validating the purchase or to offer another method of payment.
- Delivery
11.1 Delivery areas
The service of sending the goods shall cover only the geographical area determined in Article 6.2. of these General Terms and Conditions of Sale.
11.2. Terms of delivery
The Buyer is required to carry out all the due diligence necessary for the proper realization of the delivery and is therefore required to provide all the information essential to the delivery (exact address, door code, etc.). Otherwise, the Company cannot be held responsible for a failure to deliver.
Any anomaly concerning the delivery (missing, damaged, broken Product) must be reported by the Buyer on the receipt presented to him by the carrier at the time of delivery of the package and must imperatively be notified, the same day of receipt or at the latest the first working day following receipt, to the SKINHAPTICS consumer service, by e-mail to contacts@skinhaptics.com. Any claim made after this period will be rejected and SKINHAPTICS will be released from any liability.
Shipping costs include a contribution to the costs of preparation, packaging and postage costs. They are fixed and will be borne by the Buyer.
If the package is returned to the Company, a second delivery will be made to the address provided by the Buyer without any delay in delivery being held against the Company. If the package is returned to the Company, no new delivery will be made. No liability of the Company can be retained in such a case. Thecosts of processing and shipping remain the responsibility of the Buyer.
11.3. Delivery times
After receipt of the email confirming the payment of his Order by the Buyer, the Company undertakes to ensure a shipment of the goods within twenty-one (21) days that follow.
Delivery times run only from the acceptance by skinhaptics of the order. They are given as an indication and without guarantee.
11.4. Late delivery
If the Order has not been dispatched within twenty-one (21) days after the conclusion of the contract solely due to the Fault of the Company, except in the cases of force majeure provided for in Article 22 of these general conditions of sale, the Buyer may terminate the contract, by registered letter with acknowledgment of receipt addressed to the Company’s registered office or in writing on another durable medium, if, after ordering the Company to make the delivery or provide the service within a reasonable additional period, the Company has not performed within that period. The Buyer may obtain restitution of payment, to the exclusion of any other compensation or damages from the Company.
SKINHAPTICS declines all responsibility in the event of too long a delivery time due to the carrier, as well as in the event of loss of the Products ordered or strike of the postal services. In the event of a delay in delivery, the Customer must report this delay, as soon as possible to the SKINHAPTICS consumer service, by e-mail addressed to contacts@skinhaptics.com.
Any delays shall not entitle the Customer to claim damages. In any case, on-time delivery can only take place if the Customer is up to date with his obligations to SKINHAPTICS.
Delivery times are automatically suspended in the event of force majeure or an event beyond the control of SKINHAPTICS and resulting in delaying delivery.
- Repayment
Any defect found must be notified to the Company within three (3) days of receipt of the Order by registered letter with acknowledgment of receipt addressed to the Company’s registered office or in writing on another durable medium.
If the defect of the Product is proven, the Company will send another copy of the Product to the Customer within the limits of available stocks.
If the Product is no longer available in stock, the Company undertakes to reimburse the amount of the Order.
The absence of receipt of his Order by the Buyer can not give rise to other compensation. In any case, the Company’s liability is limited by the value of the Commande.
To obtain the refund under these conditions, the Buyer must imperatively notify his choice to be reimbursed within thirty (30) days by registered letter with acknowledgment of receipt addressed to the Company’s registered office or in writing on another durable medium addressed to the head office
- Retraction
In accordance with the provisions of the Consumer Code, the Buyer has a withdrawal period of fourteen (14) days from the day of receipt of the first package to return the entire Order.
The exercise of the right of withdrawal is exercised at the Choice of the Customer via the use of a withdrawal form or by any other unambiguous declaration expressing his desire to withdraw.
The Buyer must return the Product(s) within a maximum period of fourteen (14) days to the following address: SKINHAPTICS – 1 11rue de la Tour – 75116 PARIS.
The Product(s) will be returned by post within thirty (30) days and the return costs will then be borne by the Customer.
The Company will proceed to the refund upon recovery of the Product(s).
To give rise to a refund, the Product(s) must be returned in perfect condition.
- Claim
Any written complaint to the customer should be sent to the following email address: contacts@skinhaptics.com or to the following postal address: 111 rue de la Tour – 75116 PARIS.
In the event that a complaint relating to a purchase made in store is not resolved amicably between the Company and theBuyer, the Buyer is informed that he has the possibility to refer the matter free of charge to the Franchise-Consumer Mediation Commission (MFC).
Before seizing any authority,you must:
Write to the point of sale by registered letter with acknowledgment of receipt,
And send a copy of this letter to our customer service either by mail addressed to the Company SKINHAPTICS – 111 rue de la Tour – 75116 PARIS; or by email: contacts@skinhaptics.com
If you are not satisfied with our response, you may, after a period of one month following the sending of these letters/emails, fill out a complaint form that you will find on the following website: http://www.franchise-fff.com/fff/mediation-franchise-consommateurs.html and send it by mail: Médiation Franchise Consommateurs – 29 Boulevard de Courcelles – 75 008 PARIS.
For orders placed on the Site, you can also submit any complaints you may have on the dispute resolution platform put online by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will forward your complaint to the competent national ombudsmen.
- Archival retention
According to Articles L. 213-1, D. 213-1 and D. 213-2, the Company will keep any contract and any proof of sales made electronically and relating to a sum equal to or greater than €120 for 10 years. A copy of the invoices will be sent to any Customer who requests it from customer service.
- Protection ofpersonal d onnaeus
Skinhaptics pays particular attention to the protection of the Customer’s personal data.
The Company undertakes to comply with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by European Regulation 2016/679 of 27 April 2016 on the protection of personal data.
The controller of a processing of personal data is the person who determines its purposes and means. The Company is responsible for all processing of your personal data when the Buyer uses the Site and other personal data collection channels, in particular in store or over the telephone when the Buyer contacts customer service.
The information collected by the Company and allowing to identify the Buyer is considered confidential information.
The information and data concerning the Buyer are necessary for the management of the Customer’s Order and commercial relations.
This information may be transmitted to companies that contribute to these relationships, in particular those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and as well as to improve and personalize the services offered and the information sent by the Company.
Data concerning contracts concluded with a trader or non-trader are kept for the duration of the commercial relations for a maximum period of 5 years fromthe end of these relations (article L. 110-4 of the Commercial Code).
In accordance with the Data Protection Act of 6 January 1978, the Buyer has several rights relating to the protection of his personal data:
- the Buyer has a right of access to personal data concerning him and may request a copy from the Company;
- the Buyer has a right of rectification. He may ask the Company to modify his inaccurate information on the database;
- the Buyer has a right to erasure of the information contained in the database;
- if the Buyer does not wish or no longer wishes to appear on a file in the database, he may exercise a right of opposition and withdrawal of consent at any time;
- the Buyer may request the suspension of a treatment concerning him for the time of a verification;
- the Buyer also has the right to have his personal data transmitted to the Company or another controller when technically possible;
- after death, without directive from the Customer, the Company deletes its data. Nevertheless, after the death of the Customer, his heirs may exercise the rights to his data.
To assertthis right,the Buyer will contact the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale.
The request must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature and must specify the address to which the response must be sent. A response will then be sent within two (2) months of receipt of the request.
The Buyer may also lodge a complaint with a control body in order to dispose of his personal data.
In France, the control body is as follows:
Commission Nationale de l’Informatique et des Libertés – CNIL
8 vivienne Street, CS 30223
F-75002 Paris, Cedex 02
Tel. +33 1 53 73 22 22; Fax +33 1 53 73 22 00
Website: http://www.cnil.fr/
16.1. Collection of personal data
The personal data that are collected on the Company’s Website are as follows:
Opening an account
When creating the Customer’s account, his surname, firstname,email address and date of birth.
Connection
When the Customer logs on to the Site, the latter records, in particular, his surname, first name, connection, use, location data and his payment data.
Profile
The use of the services provided on the Site makes it possible to fill in a profile, which may include an address and a telephone number.
Payment
As part of the payment of services offered on the Site, it records financial data relating to the Customer’s bank account or credit card.
Communication
When the Site is used to communicate with other members, the data concerning the Customer’s communications are subject to temporary retention.
Cookies
The Buyers are informed that during their visits to the Site, a cookie may be installed, subject to their agreement, on their browser software. Cookies are used, as part of the use of the Site. The Buyer has the possibility to disable cookies from the settings of his browser. For more information concerning the use of cookies on the Site, the Buyer must refer to the legal notice.
The Company requests the Customer’s consent for the following purposes:
- Geolocation;
- Satisfaction surveys;
- Commercial prospecting;
- Targeted advertising (see cookie policy);
- Participation in a competition;
- Management of loyalty programs;
- Management of customer reviews on our products;
- Special offers, promotions, coupons and guarantees;
16.2. Use of personal data
The purpose of the personal data collected from the Customer is to provide the services of the Site, improve them and maintain a secure environment. Specifically, the uses are as follows:
– access and use of the Site by the Buyer;
– management of the operation and optimization of the Site;
– organisation of the conditions of use of payment services;
– verification, identification and authentication of the data transmitted by the Buyer;
– proposal to the Customer of the possibility of communicating with other buyersof the Site;
– implementation of buyer assistance;
– personalization of the services by displaying advertisements based on the Customer’s browsing history, according to his preferences;
– prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
– management of any disputes with other buyersof the Site;
– sending commercial and advertising information, according to the Customer’s preferences.
16.3. Sharing of personal data with a third party
Personal data may be shared with third-party companies, in the following cases:
– when the Buyer uses the payment services, for the implementation of these services, the Site is in contact with third-party banking and financial companies with which it has contracts;
– when the Buyer publishes, in the free comment areas of the Site, publicly available information;
– when the Buyer authorises the website of a third party to access his data;
– when the Company uses the services of external service providers to provide buyerassistance, advertising and payment services. These external service providers have limited access to the Customer’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the Company may carry out the transmission of data to follow up on claims made against the Company and comply with administrative and judicial procedures;
– if the Company is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, the Buyer will be informed before the personal data is transferred to a third party.
16.4. Geolocation
The Buyers are informed that the Site may use geolocation technologies with its agreement in order to personalize the use of its services.
The data collected may include GPS coordinates, the IP address of the terminal used, or information concerning the location of the Buyers only when using the Site.
This data is kept temporarily and is deleted regularly.
The geolocation data is anonymized and does not allow in any case the identification of the Buyers.
16.5. Security and privacy
The Company implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Company cannot guarantee the security of the transmission or storage of information on the Internet.
16.6. Implementation of the Customer’s rights
In application of the regulations applicable to personal data, the Buyer has the following rights:
– he can update or delete the data that concerns him by logging into his account and configuring the settings of this account;
– he may delete his account, by contacting the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale. It should be noted that information shared with other buyers,such as publications on forums, may remain visible to the public on the Site, even afterthe deletion of theiraccount;
– he can exercise his right of access, to know the personal data concerning him, by contacting the Customer Service of the Company whose contact details appear in Article 1 of these general conditions of sale. In this case, before the implementation of this right, the Company may request proof of the Identity of the Client in order to verify its accuracy;
– if the personal data held by the Company are inaccurate, he may request the update of the information, by contacting the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale;
– the Buyer request the deletion of his personal data, in accordance with the applicable data protection laws, by contacting the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale.
16.7. Evolution of this clause
The Company reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Company undertakes to publish the new version on its Site. The Company will also inform the Buyer of the modification by e-mail, within a minimum period of fifteen (15) days before the effective date. If the Buyer does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
- Newsletter subscription
By accepting these general conditions of sale when subscribing to an Order, the Buyer authorizes the Company to send him emails to the address he will have provided during his Order.
If he wishes, the Buyer may unsubscribe from the newsletter at any time via his Customer Account or by contacting the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale.
- Deactivation of the Customer Account
In the event of non-compliance with the obligations arising from the acceptance of these general conditions of sale, incidents of payment of the price of an Order, delivery of erroneous information at the creation of the account or acts likely to harm the interests of the Company, the Company reserves the right to suspend access to the services offered on theSite.
The Company also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts.
- Intellectual property
All elements of the Site, whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents.
Any total or partial reproduction of the elements accessible on the Site is strictly prohibited.
- Guarantees
20.1 Legal guarantees
The products offered on the Site comply with the French legislation in force.
The responsibility of the company SKINHAPTICS can not be engaged in case of non-compliance with the legislation of the country where the products are delivered. It is the Buyer’s responsibility to check with the local authorities the possibilities of importing or using the products ordered.
20.2 Guarantee of conformity
The Company is required to deliver a Product that complies, that is to say, fit for the expected use of a similar good and corresponding to the description given on the site.
This conformity also assumes that the Product has the qualities that a buyer can legitimately expect in view of the public statements made by the Company,including in advertisements and on labels.
In this context, the Company is likely to be liable for any lack of conformity existing at the time of delivery and for defects in conformity resulting from the packaging or assembly instructions.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product.
In the event of a lack of conformity, the Buyer may request the replacement or repair of the Product, at his choice.
However, if the cost of the Customer’s choice is manifestly disproportionate to the other possible option, given the value of the Product or the importance of the defect, the Company may proceed to a refund, without following the option chosen by the Buyer.
In the event that a replacement or repair is impossible, the Company undertakes to return the price of the Product within 30 days of receipt of the returned Product and in exchange for the return of the Product by the Buyer to the address of the Company’s registered office.
20.3 Guarantee of hidden defects
The Company is bound by the guarantee of hidden defects of the Product sold within the meaning of Article 1641 of the Civil Code which make it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have given only a lower price, if he had known about them.
The Product is considered to be in conformity with the contract under the conditions set out in Article L. 217-5 of the Consumer Code.
This guarantee allows the Customer who can prove the existence of a hidden defect to choose between the refund of the price of the Product if it is returned and the refund of part of its price, if the Product is not returned.
In the event that a replacement or repair is impossible, the Company undertakes to return the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Buyer to the address of the Company’s registered office.
The action resulting from hidden defects right to be brought by the Buyer within two (2) years from the discovery of the defect.
20.4 Practical arrangements
All claims and requests for exchange or refund must include the number of the order concerned and the reason for the request (hidden defect, exceeding the deadline for delivery, etc.).
- Limited liability
21.1. The Products offered to the Customer comply with the French legislation in force. The Company cannot be held liable in the event of non-compliance with the legislation of the country where the Product is purchased.
It is advisable to refer to the description of each Product to know the precise characteristics.
In case of doubt, the Buyer may contact the Company’s customer service whose contact details appear in Article 1 of these general conditions of sale for any additional information.
The Company is only responsible for the content of the pages of the Site.
21.2. The Company acts as a distance selling company and not as an Internet service provider.
As such, it cannot guarantee either the quality of the connection to the Internet or the absence of interruptions specific to the network.
The Company cannot therefore be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
21.3. The Company cannot be held liable for the content of its partner sites, in the same way its responsibility can in no way be sought in the event of a conflict between the Buyer and a partner site or brand.
21.4. The Buyer is solely responsible for the use of his identification elements entered on the Site that he is required to keep secret. Any disclosure on his part can in no way be reproached to the Company.
Any order placed using the Customer’s username and password is deemed to have been placed by the latter.
The Company can in no way be held responsible for damages caused by the disclosure of this personal and confidential data by the Buyer and therefore for the use of this data by a third party.
21.5. The Company may not in any case be held liable for any damage of any nature whatsoever, in particular due to the use of the services subscribed, damage to reputation, image, or loss of data that may occur as a result of the use of the services offered by the Company.
21.6. The Company may only be held liable on the condition that it has failed to comply with one of its obligations causing direct and certain damage.
21.7. The Site has been created to provide Buyers with the presentation of the different ranges of the SKINHAPTICS brand.
In particular, the Site disseminates non-contractual Information without the intention of an offer to purchase a product or service directly (unless expressly stated otherwise).
The Site shall not constitute a contractual offer. The Site is free of charge and does not include in-app purchases.
The Site may offer opinions expressed by experts in a particular field in connection with the content of the Site or extracts from press articles. Such information is the sole liability of the expert consulted or the author of the article and does not necessarily reflect the opinion of the Company.
The Site may also contain information concerning health, physical condition, a medical field or medical treatments exclusively reserved for human use. This information does not constitute medical advice and is published on the Site for information purposes only.
Under no circumstances shall the Buyers use this information to make a medical diagnosis of a physical illness or problem or to prescribe or use medicines. It is the Buyer’s responsibility to consult his doctor or pharmacist who are health professionals and are the only ones authorized to provide you with an opinion adapted to a particular situation.
Consequently, the responsibility of the Company can not be sought for the information and services offered on the Site and the use of this information and services are carried out under the sole and entire responsibility, control and direction of theBuyers.
- Inapplicability
If for any reason any of the provisions of these general conditions of sale should be declared unenforceable, this inapplicability will not affect the application of the other provisions of the general conditions of sale, the one deemed inapplicable being then replaced by the closest possible provision.
- Entirety
These general conditions of sale, which express the entire agreement of the parties with regard to their object, cancels and replaces any previous commitments, declarations, promises or agreements between them in connection with this object.
No document, no other indication, may give rise to obligations under the contract concluded between the parties if it has not previously been the subject of an addendum annexed hereto, acceptedand signed by each of the parties.
- Non-waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
- Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
- Transfer of rights and obligations
In the event of a total or partial transfer of the Company’s activity, the contracts binding the Buyer and the Company and/or successors and assigns shall remain binding between the parties.
Contracts concluded by the Company may not be assigned by the Buyer without the prior written consent of the Company.
The contracts, rights and obligations of the Company may in any case be assigned or transferred without the prior agreement of the Client.
The Company is only bound by an obligation of means.
The Company cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses. In addition, no responsibility of the Company can be engaged in the event of misuse of the product.
- Nullity
If one or more stipulations hereof are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become res judicata of a competent court, the other stipulations will retaintheir force and scope.
- Force majeure
The Company and no other third party involved in the provision of the service will be held liable in the event of failure or delay in the performance of their obligations under these general conditions of sale, resulting from causes beyond their control, including and without limitation any case of force majeure, acts of civil or military authorities, fires, floods, earthquakes, riots, wars, acts of sabotage, network failures, electronic file coding errors, software limitations or inability to obtain telecommunications services or government measures, provided, however, that the parties concerned take all reasonable steps to mitigate the effects resulting from such situations.
- Advertising – Announcements
The Company may freely insert advertising and advertisements on its Site.
The Company has complete freedom of choice as to the disposition of these advertisements and ads, advertisers and the viewing of these advertisements and ads.
- Applicable law – Dispute
This contract is subject to French law.
In the event of a dispute, the French courts will have sole jurisdiction.
Any legal information relating to the drafting and execution of these general conditions of sale may be obtained by contacting Me Dahlia Arfi-Elkaïm,lawyer at the Paris Bar: www.jdbavocats.com.
