General conditions of sale of the site www.dermoplant.com
PREAMBLE
The site accessible at the address dermoplant.com (the “Site”) is published by the company DERMOPLANT, a simplified joint-stock company with capital of 21,000 euros, whose registered office is at 55 Avenue du Stade, 74950 SCIONZIER registered in the du Commerce et des Sociétés d’ANNECY under number 794 147 918, represented by its manager, Mrs Iulia Roxana BERAUD NICOLAE ANDREI.
The Site allows DERMOPLANT to offer cosmetic and perfume products (the “Products”) for sale to users of the Site (the « Users”).
PURPOSE AND SCOPE OF THE T&Cs
These general conditions of sale (the “GTC”) define the rights and obligations of DERMOPLANT and the Users (together, the “Parties”) in connection with the use of the Site and the placing of an order for the acquisition of Products (the “Order”) by a User (the “Buyer”) from DERMOPLANT. The rights and obligations of the User necessarily apply to the Buyer.
The T&Cs determine all the steps necessary for the completion of an Order and ensure the follow-up of this order between the Parties.
The T&Cs are available at any time to all Users from the Site. By accessing the Site, Users acknowledge having read and understood the T&Cs and agree to be bound by them.
Any Order assumes the consultation and acceptance of the GCS.
DERMOPLANT reserves the right to modify the T&Cs at any time. The applicable T&Cs are those accepted by the Buyer when placing the Order. The T&Cs apply to the exclusion of any other document.
PRODUCT INFORMATION AND AVAILABILITY OF PRODUCTS OFFERED ON THE SITE
The Products offered for sale are those which appear on the Site and which may be the subject of an Order, except in the event of exceptional unavailability or the right of withdrawal exercised by DERMOPLANT.
Sales offers, including promotional offers, are valid as long as they are announced on the Site. Any promotional offer not emanating from the Site cannot be validly opposed to DERMOPLANT.
DERMOPLANT makes its best efforts to comply with the requirements of article L. 111-1 of the Consumer Code by putting the essential characteristics of the Products online. The photographs of the Products are provided for illustrative purposes and have no contractual nature.
The User is invited to consult the description of each Product to know its essential characteristics as well as its composition.
In the event of exceptional unavailability of the Product(s) ordered, DERMOPLANT will inform the Buyer as soon as possible and the Buyer may modify his choice or cancel the Order. In all cases, DERMOPLANT may offer the Buyer to provide him with a Product of equivalent quality and price or to alert him, by e-mail, in the event of future availability of the chosen Product. The Buyer may contact DERMOPLANT by e-mail at the following address: contact@dermoplant.com
It is specified that the Products are intended for the personal use of the User, who undertakes not to use them in the context of his professional activities. As such, the amount of the Order must not exceed the sum of one thousand (1,000) euros including tax. The User who would like to buy on the Site, declares to have full legal capacity.
PRICES OF PRODUCTS AND DELIVERY COSTS
The prices of the Products are indicated in euros and include all taxes. They take into account the VAT applicable on the day of the Order. The prices indicated do not take into account the costs of packaging and delivery which will be invoiced in addition and will be specified to the User during the final validation of his order.
The Products will be invoiced on the basis of the price in force at the time of the confirmation of the Order.
ORDERING FROM THE SITE
Creation of an account to place an Order
To place an Order, the User can create an account, by choosing a password or use the Site as a guest, without having an account.
The User’s account password is strictly personal and confidential. DERMOPLANT recommends that Users change their passwords regularly and choose complex passwords including specific letters, numbers and characters. Users must not share it with other people. Users are responsible for the loss or theft of their password if it is proven that they have committed a fault attributable to them. In this case, Users must inform DERMOPLANT without delay.
After creating the account, Users will receive an email from DERMOPLANT confirming their registration. If the User already has an account, he will only need to identify himself using his email address and password.
For more information concerning the personal data processed by DERMOPLANT in the context of placing an Order and, more generally, the use of the Site, the User is invited to consult the privacy policy.
Product Selection
The User may select the Products of his choice, provided that they are available for sale online and in the desired quantity.
To add a Product to his basket, the User must choose the Product and the desired number, click on the “add to basket” button.
Each new addition to the basket will be mentioned on the Site by the appearance of the basket and the number of items in the basket.
At any time, the User may consult the summary of the Product(s) selected and which are in his basket, continue the selection by continuing his purchases from the Site or complete the Order by proceeding to payment.
Payment to complete the Order
Before finalizing the Order and paying, the User will be directed to a page of the Site allowing him to consult the details of the Product(s) selected, which he can modify.
The User must validate his basket then fill in his contact details and delivery information, and choose his delivery method.
Before payment, the User must validate the T&Cs.
Payment for the Order may be made through Paypal or by credit card. In this case, the User will enter his card number, the expiry date thereof, the name of the cardholder and the visual cryptogram. Payment by card is secure thanks to 3D Secure technology.
The Order will only be processed by DERMOPLANT once payment has been made by the Buyer.
Confirmation by DERMOPLANT of the Order
After placing the Order, the Buyer will be able to access from his account, if he has created one, a summary of the Order on the Site, mentioning the Order number. This summary will also be sent to the Buyer in a confirmation e-mail, containing all the elements of the sales contract between the Parties.
This information constitutes proof of the nature, content and date of the Order placed by the Buyer and is authentic, which he expressly accepts.
SHIPPING AND DELIVERY OF THE ORDER
The Site allows Products to be ordered for delivery to mainland France, including Corsica as well as the Overseas Departments and Regions, and all countries of the world except these: China, USA, Canada, Australia.
Orders paid for by credit card are prepared the same day (if the Orders are placed on working days) if they are registered before 12 noon CET, otherwise the following working day.
The Orders are then sent by the usual postal services, and in particular by means of the “Colissimo follow-up” service under which the Post Office undertakes to deliver within 48 hours.
In any case, the Order will be executed at the latest within thirty (30) days from the day following that of the validation of his Order by the User.
The Products ordered by the Buyer will be delivered to the address that he will have provided when placing the Order, in the Pick-Up relay of his choice or deposited at the post office on which depends the delivery address mentioned by the buyer. ‘Buyer, in the absence of the recipient of the Products. In the latter case, the postman will leave a delivery notice in the mailbox of the said recipient allowing him to collect his package during business hours at the post office, within fifteen (15) days.
In the event of a delay in delivery, the Purchaser must report this delay as soon as possible to DERMOPLANT’s customer service department, by e-mail addressed to contact@dermoplant.com or by post to DERMOPLANT, 55 avenue du Stade, 74950 SCIONZIER. DERMOPLANT will then contact the postal services so that an investigation can be carried out. Furthermore, it is specified that ownership of the Products will only be transferred to the Buyer upon full payment of the invoiced price, including delivery costs.
Upon receipt of the Products ordered, the Buyer must check the conformity of the Products delivered. Any anomaly concerning the delivery (Missing or broken Product, damaged package, etc.) must be reported by the Buyer on the receipt presented to him by the Post Office when the package is delivered and must imperatively be notified to DERMOPLANT customer service. , by email to contact@dermoplant.com or by post to DERMOPLANT, 55 avenue du Stade, 74950 SCIONZIER
DERMOPLANT will not be liable in the event of loss, sending to the wrong address or delay in delivery of a Product, by providing proof that this delay or this loss is attributable to the Buyer, to the unforeseeable and insurmountable fact of a third party or in the event of force majeure, as provided for in article L. 221-15 of the Consumer Code.
In the event that the Buyer has chosen a carrier not offered by DERMOPLANT, the risk of loss or damage to the goods will be transferred to the Buyer when the Products are delivered to the carrier chosen by the Buyer, in accordance with the Article L. 216-5 of the Consumer Code.
RIGHT TO RETRACT
The Buyer has a period of fourteen (14) working days to return, at his own expense, the Product(s) he has ordered if the latter does not give him ) not satisfied. This period runs from the day of delivery of the Order.
To exercise the right of withdrawal, the Buyer may contact DERMOPLANT by email at contact@dermoplant.com, by telephone at 04 50 45 75 58 or by using the contact form available on the Site. The Buyer can use the withdrawal form reproduced below.
The Product(s) will be returned in its(their) packaging, condition and original packaging, and accompanied by the stub appearing at the bottom of the invoice or delivery note, to the following address: DERMOPLANT – 55 avenue du Stade, 74950 Scionzier.
The Products must not have been unsealed. Indeed, the Buyer is informed that the right of withdrawal is excluded for opened and non-returnable products for reasons of hygiene or health protection (article L.221-28 of the Consumer Code).
If the aforementioned conditions are met, DERMOPLANT will reimburse the Buyer, within fourteen (14) days of the Buyer’s withdrawal or receipt of the Products, the sums corresponding to the Products acquired by him.
DERMOPLANT does not accept postage due packages, the Buyer bears the return costs.
However, it is specified that the shipping costs are borne by DERMOPLANT in the event that the return decision is the result of an error from DERMOPLANT (non-compliant Product(s)).
Model withdrawal form:
For the attention of DERMOPLANT – Customer Service – 55 Avenue du Stade – 74950 SCIONZIER
I ____________ hereby notify you of my withdrawal from the contract relating to the sale of the product ____________ below:
Ordered on: _______________ / received on ______________
Consumer name: __________________________
Consumer’s address: _______________________
Signature of the consumer:
Date: ____________________________
FORCE MAJOR
No Party shall be liable for the total or partial non-performance of its obligations under the GCS, if this non-performance is caused by an event constituting force majeure, as defined by article 1218 of the Civil Code. The Party invoking an event constituting force majeure must notify the other Party within five working days following the occurrence or threat of this event. The Parties agree that they must consult together as soon as possible in order to determine together the terms of execution of the order for the duration of the case of force majeure.
Beyond a period of one (1) month of interruption due to force majeure, DERMOPLANT may not honor the order, it being responsible for reimbursing the Purchaser if necessary.
OPINION
DERMOPLANT has set up a system for collecting and publishing Product reviews and ratings by the Buyer on the Site. The Buyer may be invited by DERMOPLANT to give its opinion once the Order has been received.
The Buyer undertakes to give his opinion fairly.
The review is composed of a rating between one (1) and five (5) stars and is accompanied by a description by which the Buyer gives his opinion on the Product. The Product will then have a general rating corresponding to the average of all the ratings given by all the Buyers’ opinions on this Product.
DERMOPLANT publishes all opinions, with the exception of opinions (i) insulting, abusive, defamatory or infringing the rights of third parties, and/or contrary to the laws and regulations in force and (ii) related to a personal situation of the Buyer, such as an allergy or an Order status question. In the latter case, DERMOPLANT will contact the Purchaser by email.
DERMOPLANT also reserves the right to contact a Buyer in the event of a negative opinion as part of monitoring the customer relationship.
Notices will be published within forty-eight (48) hours after submission, except in the event of a complex situation.
The reviews are published in chronological order until the delisting of the Product on the Site.
At any time, the User may report a Buyer notice that contravenes the laws and regulations in force or the GCS, or infringes his rights, by sending an email to the address contact@dermoplant.com. DERMOPLANT may proceed to the temporary or definitive delisting, if necessary, of the opinion, in order to control its content.`
LIABILITY AND GUARANTEES
The Products sold by DERMOPLANT benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L.217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
The Buyer has a period of two (2) years from the delivery of the Products to act as a legal guarantee of conformity or in default of latent defects. The Products will, in this case, be returned in accordance with the return procedure mentioned in Article 6 of the GCS, and by writing to the address contact@dermoplant.com. If the return is accepted, the Customer may request the replacement of the Product or its reimbursement.
DERMOPLANT will not be liable in the event of difficulties linked to the internet network and difficulties linked to hosting and, more generally, for any technical disturbance likely to occur on the Site.
Access to the Site may be interrupted for technical reasons without DERMOPLANT being held liable in this respect.
The Buyer is solely responsible for his account on the Site, his password, and his Orders. The Buyer is also responsible for any incident of payment and guarantees to be fully vested with the rights to settle the totality of any Order.
CONTACT
For any request, DERMOPLANT can be contacted at contact@dermoplant.com or by phone at 04 50 45 75 58
INTELLECTUAL PROPERTY
The Site is an intellectual work protected by intellectual property law. The Site is the exclusive property of DERMOPLANT.
Any reproduction or representation, in whole or in part, of the Site, or one of its elements, on any medium whatsoever, for other purposes, and in particular commercial, is expressly prohibited.
DERMOPLANT does not control the content, advertising, products or services available on or from sites linked to its Site.
FINAL STIPULATIONS
Partial invalidity
If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Entire contract
The GCS and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of any contradiction between these documents, the T&Cs shall prevail.
No Waiver.
The fact, by one of the Parties, of not availing itself of one of the stipulations of the GCS shall not be considered or interpreted as a waiver of its benefit.