TERMS OF SALES
The present general conditions of sale only apply to the on-line sale of the products on the site and come into effect as of January 1st, 2019.
These general conditions of sale govern all sales made through the site: http://exsens.fr/ (hereinafter referred to as the "site"), in particular cosmetic products and medical devices (hereinafter "the products ") of the brand EXSENS belonging to the company NEO COSMETIQUE .
For the application of these general conditions of sale, it is agreed that the user of the site (hereinafter "the user") and NEO COSMETIC will be collectively referred to as the "parties", and that the user having validated a order will then be called "buyer". The rights and obligations of the user necessarily apply to the buyer.
The user who would like to buy on the site, declares to have full legal capacity. It is stated that the products are intended for the personal use of the buyer, without any direct relation to the professional activity of the latter. As such, the attention of the buyer is drawn to the fact that the amount of his order can not exceed the sum of one thousand (1000) euros. The products are offered for sale in mainland France (excluding Corsica) and in Monaco, which means that no product may give rise to delivery outside these territories.
Article 1: object
These terms and conditions are intended to define the terms and conditions under which the parties conclude a contract for the sale of products via the site. Consequently, any order of one or more products through the present site implies an acceptance without reserve by the purchaser of the present general conditions of sale, which prevails over all other document, except special conditions expressly granted in writing by NEO COSMETIQUE . The buyer acknowledges having read the general conditions of sale prior to his order. NEO COSMETICreserves the right to modify at any time these terms and conditions of sale. In this case, the applicable conditions will be those in force on the date of the order by the buyer. The buyer may at any time save these terms and conditions, by printing or saving them on any electronic support.
Article 2: PRODUCTS AND PRICES
The products offered for sale by NEO COSMETIQUE are those listed on the site at http://exsens.fr/ the day of consultation of the site by the buyer, and within the limits of available stocks. NEO COSMETICreserves the right to modify at any time the list and ranges of products available for sale on the site. The photographs illustrating the EXSENS products are not contractual. In accordance with Article L. 111-1 of the Consumer Code, the buyer can, prior to his order, take note, directly on the site, the essential characteristics of the product or products he wishes to order. On the other hand, in the event that the buyer wishes to obtain qualified advice on the products, a "Consumer Service" is made available (to reach the consumer service see article 6.2)
2.2 Price - Shipping Costs
The prices of our products are expressed in euros and include all taxes (VAT rate applicable on the day of the order). They do not include the participation in the processing fees and shipping order, invoiced in addition to the price of products purchased, an amount of 5.00 € TTC per order. This fixed amount of shipping costs will be applied and indicated prior to the final validation of the order by the buyer. For any order from the buyer of an amount equal to or greater than € 40, no participation in the processing and shipping costs mentioned above will be applied to the buyer. The products remain the property of NEO COSMETIQUEuntil full payment of the price. Any promotional offers are valid as long as they are advertised on the site. NEO COSMETIQUE reserves the right, what the user accepts, 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 the recording of the order, subject to availability of said products.
Article 3: ORDER
Article 3.1: Availability of PRODUCTS
When ordering, the user is informed of the availability of products on the site by the following indications: The user can add the product in his basket -> the product is available. The user can not add the product in his basket -> the mention "Soon available" is visible on the site if the product is temporarily out of stock. The user can not add the product to his basket -> no mention appears, the product is not / no longer available for sale. Products are offered within the limits of available stocks. In case of unavailability of product after validation of the order, the buyer will be informed at the earliest by e-mail. In case of short-term stock-outs, we reserve the right to postpone your shipment for a few days, the time to replenish the product. In the event of payment of permanently exhausted products, and cancellation of the order, the sums paid will be refunded.
Article 3.2: Ordering PRODUCTS
To buy the products it is appropriate for the buyer to connect to the site, then select the products by clicking on the box "Add to cart". The buyer can at any time obtain a summary of the products he has selected for his order, by clicking on "My cart". He can continue his selection of products by clicking on the icon "Continue shopping". The order will be final and therefore the user will become buyer only by accepting the terms and conditions of sale and then clicking on "Validate and pay my order". The buyer must fill in the information allowing his identification: his civility, his name, his first name, his e-mail address, his password, as well as his address of delivery and billing, either to create his account, or without creating account, by filling in exactly the form at his disposal, on which he will indicate all the information necessary for his identification. The buyer accepts that any entry of his identifier is proof of his identity. An online order of products entails: At first: sending byNEO COSMETIC , via e-mail, a confirmation and order summary In a second step: the sending by NEO COSMETIQUE , via e-mail, of a confirmation of dispatch of the order In a third time: the delivery of the products , by carrier, to the address indicated by the buyer when placing his order of products. An order is considered passed on the site, and the offer to contract the surfer is firm, when the latter accepted the general conditions of sale and validated its payment, the "click" and the acceptance of the general conditions of sale. sales (checkbox) constituting an irrevocable and unreserved acceptance of the order by the buyer. Data recorded by NEO COSMETICand the secure payment provider constitute proof of the nature, content and date of the order. The sale will only be concluded after the NEO COSMETIQUE has confirmed the order to the buyer and received the full price from the buyer . NEO COSMETIQUE recommends to the buyer to keep the information contained in the order confirmation sent by NEO COSMETIQUE on a paper or computer document. Notwithstanding the above, NEO COSMETICreserves the right to cancel any order from a buyer with whom there is a previous payment dispute or for any other legitimate reason with regard, in particular, to the abnormal nature of the order. Any order fraudulent or presumed as such, will be considered by NEO COSMETIQUE as null and void.
Article 4: PAYMENT
Payment of orders must be made by credit card (CB, Visa). In case of purchase of one or more products on the site, the buyer indicates directly in the zones provided for this purpose: the card number, its date of validity as well as its code of control located on the back of the card. NEO COSMETIQUE reserves the right to suspend any order management and any delivery in case of non-payment. NEO COSMETIQUE reserves the right to refuse or honor an order from a buyer who has not paid for all or part of a previous order or with whom a payment dispute remains. NEO COSMETIQUE can not be held responsible for any misappropriation or fraudulent use of any means of payment that does not would not have been detected by the verification procedure. The buyer guarantees NEO COSMETIQUE that he has the necessary authorizations to use the method of payment he has chosen for his order. Any fraudulent use of the credit card will not be refunded by NEO COSMETIQUE. As long as an order for the product (s) has not been fully settled, the product (s) remain (s) the property of NEO COSMETIQUE.
Article 4.1: Securing Payments
The purchases made by the buyer are secured and made via PRESTASHOP. Payment of the order is made online via the secure payment platform PRESTASHOP by credit card (credit card, Visa). Transactions made on the site are secure. All information exchanged to process the payment is encrypted using the SSL protocol. Purchases made by the Buyer are also secured by the so-called "3-D Secure" system: a secure payment protocol on the Internet. It allows merchants to limit the risk of fraud on the Internet, related to attempts at identity theft. It consists in making sure, during each online payment, that the card is used by its real holder.
Article 5: SHIPPING & DELIVERY
Delivery is limited to Metropolitan France (excluding Corsica) and Monaco. NEO COSMETIQUE agrees to ship the order within 24 hours to 3 working days. Indicatively, the delivery will be made within an average of 3 to 4 working days depending on the choice of delivery method made by the buyer. This estimated delivery time will be indicated in the confirmation of the order. NEO COSMETIQUE will not be bound by its obligations in the event of erroneous or missing mention in the delivery address or in the identity of the buyer when seized by the latter. Delivery is made by our partner COLISSIMO EXPERT. Delivery charges are 5.00 € TTC per order. A shipping confirmation e-mail is sent to the buyer as soon as the package is shipped by COLISSIMO EXPERT, and a link in the body of the e-mail allows you to track the progress of the delivery . If you have created a NEO COSMETIQUE account, you can also have this delivery tracking through the menu "My orders", then by selecting your order, through the menu "Follow the delivery of the package". Upon receipt of the order, the buyer is required: To make any reservations and complaints to the driver or refuse the package if it may have been opened or damaged Report these incidents to the Customer Service of NEO COSMETIQUE whose contact details are indicated in Article 6.2 without delay and at the latest within 3 working days from receipt of the order. Otherwise,
Article 6: Retraction & Non-compliance
In application of the provisions of Article L.121-20 of the Consumer Code, the buyer has a withdrawal period of fourteen (14) clear days from the delivery of his order to return the product (s) and / or for reimbursement. When the fourteen (14) day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. The refund of the totality of the paid sums will occur at the latest in a period of 14 days, as from the date of exercise of the right of retraction. Beyond this, the sum due is, as of right, yielding interest at the legal rate in force. If the amount of your original order has allowed you to obtain a benefit (free shipping, gifts, ...), the refund of returned products will be possible, within the limit of the amounts actually paid and possible questioning of the advantages granted if the conditions to benefit from these were no longer met. For example, if the total amount of items returned drops the amount of the initial order below the threshold that gave access to free shipping, then these shipping costs will be deducted from the amount of your refund. The withdrawal letter is in free format. these shipping costs will be deducted from the amount of your refund. The withdrawal letter is in free format. these shipping costs will be deducted from the amount of your refund. The withdrawal letter is in free format.
Article 6.2: Warranties & After Sales Service
Under the conditions and in accordance with the terms and conditions set out in the appendix to these General Terms and Conditions of Sale (Conformity Guarantee / Warranty for hidden defects), all products supplied by NEO COSMETIQUE benefit from the legal guarantee of conformity provided for in Articles L. 211-4. to L. 211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code. Under these warranties, NEO COSMETIQUE agrees, at the option of the buyer, to refund or exchange defective products or not corresponding to his order. The letter of withdrawal or complaint is in free format. To contact the customer service: +33 (0) 1 49 46 51 05 (available from Monday to Friday, from 9.30am to 12am and from 2.30pm to 4pm). Mail: NEO COSMETIQUE - Customer Service Webshop EXSENS 15, rue Montjoie F- 93212 Saint Denis If the buyer changes his mind and wishes to exchange a product ordered against a new product, he must, under the right of withdrawal (see article 6.1), return the product. This will be refunded but not exchanged. To have a new product, the buyer will have to place a new order on http://exsens.fr/
Article 6.3: Product Returns
Returns (due to non-compliance or exercise of the right of withdrawal) must in all cases be made in their original packaging and in perfect condition for resale to the following address: NEO COSMETIQUE - Service Returns EXSENS 15, rue Montjoie F-93212 Saint Denis The return shipping costs of the parcel remain the responsibility of the buyer. NEO COSMETIQUE reserves the right to exclude the right of withdrawal of the buyer for returned products unsealed for reasons of hygiene and safety.
Article 7: Liability
NEO COSMETIQUE can not be held responsible for the non-execution of the order in case of out of stock or unavailability of products due to a case of force majeure as defined by the case law and the French courts. NEO COSMETIQUE can not be held responsible, especially if the products have not been properly chosen or used. Any defect or defective workmanship recognized after contradictory examination obliges NEO COSMETIQUE only to replace, free of charge, or to refund the defective products. Similarly, the responsibility of NEO COSMETIQUE under the obligations of these general conditions of sale can not be committed in case of occurrence of damage resulting from the use of the Internet such as viruses, intrusion, loss of data,
Article 8: Computers & Freedoms
The information collected by NEO COSMETIQUE during any order from the buyer is necessary for order processing by NEO COSMETIQUE and its commercial partners. This information is strictly confidential. The lack of information implies the automatic rejection of the order. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the buyer has a right to access, rectify, delete and oppose his personal data. The buyer can exercise this right by writing to NEO COSMETIQUE, Communication Service, 15, rue Montjoie F-93212 Saint Denis, indicating his name, first name and address and the subject of the request.
Article 9: Litigation
In the event of a dispute between NEO COSMETIQUE and the buyer, the most diligent party sends, prior to any referral to a jurisdiction, a letter of formal notice containing the grievances alleged against the other party. Failure to implement an attempt to conciliate within 15 days from the date of the letter of formal notice or in case of failure to do so shall require the most diligent party to notify in writing to the other party, before any referral to a competent court, the end of the conciliation period.
Article 10: Applicable Law & Competent Jurisdiction
These general conditions of sale are subject to the application of French law. In the absence of conciliation, it is expressly agreed that any dispute relating to the interpretation, performance or breach of the contract will be the exclusive jurisdiction of the Tribunal de Bobigny, even in the event of a warranty claim or multiple defenders.
Annex I - legal warranties provisions:
Article L211-4 of the Consumer Code
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code
To be in conformity with the contract, the property must: Be fit for the usual use of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that he has presented to the purchaser in the form of a sample or a model presenting the qualities that a buyer may legitimately expect having regard to the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling or having the characteristics defined by agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L211-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price, had he known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
Information on online dispute resolution in accordance with art. 14 para. 1 of the RLL (Online Dispute Resolution)
The European Commission allows consumers to resolve disputes online on one of its platforms, in accordance with Art. 14 para. 1 of the RLL. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR) acts as a site where consumers can try to settle disputes outside the purchase of goods or services online.