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These terms and conditions of sale are agreed to by the company Cosmeceutic
SARL, capital of 18,446.33 euros, headquartered at Kerazan 29880 PLOUGUERNEAU
(France), registered under number 413 690 900 on the trade and companies
registry of BREST, hereinafter referred to as "the Vendor " and by any natural
person or corporation wishing to make a purchase via the Website of the " Vendor
" hereinafter referred to as "the Buyer
".
Purpose
These terms and conditions of sale
are set out to define the contractual relations between THE VENDOR and the buyer
and the terms and conditions which apply to any purchase made via the commercial
site of the VENDOR, whether the buyer be a professional or a
consumer.
Purchasing goods or services through this site implies
unconditional acceptance by the buyer of these terms and conditions of
sale.
These terms and conditions of sale shall prevail over all other
general or specific terms and conditions not expressly agreed to by THE VENDOR
THE VENDOR reserves the right to modify his sales terms and conditions
at any time. In that case, the applicable terms and conditions shall be those in
force on the date of the buyer's order.
Characteristics of the
goods and services offered
The products and services offered are
those which appear in the catalogue published on the THE VENDOR's website
(http://www.stress-odor-system.com)
These products and services are
proposed while stocks last.
Each product is accompanied by a description
drawn up by the supplier. For some of them, bearing the indication "DF", the
buyer may have access to the supplier's documentation.
The photographs in
the catalogue are as realistic as possible, but cannot ensure perfect similarity
with the product offered, especially in terms of
colors.
Prices
Prices given in the catalogue are prices
in euros fully inclusive of VAT, taking account of the applicable rate of VAT on
the day of ordering. Any change in the rate may be reflected in the price of
products or services.
THE VENDOR reserves the right to modify his prices
at any time, it being understood, however, that the price given in the catalogue
on the day of the order shall be the only price applied for the
buyer.
Prices indicated do not include the costs of processing orders,
transport and delivery insofar as they take place in the geographic areas
provided for below.
Geographic area
On-line sale of the
products and services presented on the site is limited to buyers residing in the
European Community and for deliveries required in these geographic
areas.
Orders
The buyer who wishes to purchase a
product or service must:
– complete the identity form in which he/she
shall indicate all the information of name and address requested or give his/her
customer number if he/she has one;
- complete the order form on line,
giving all the references of the products or services chosen;
– validate
his/her order after checking it;
– make the payment under the terms and
conditions indicated;
– confirm his/her order and
payment.
Confirmation of the order entails acceptance of these terms and
conditions of sale, acknowledgement of being fully informed of them and waiving
of rights to one's own terms and conditions or sale or other terms and
conditions.
All of the information supplied and the registered
confirmation shall be proof of the transaction. Confirmation means signature and
acceptance of the operations carried out.
The Vendor will send
confirmation that the order has been registered, by
e-mail.
Revocation
Buyers who are non professional
natural persons have the benefit of a seven-day cooling off period from the date
of delivery of their order to return the product to the Vendor for exchange or
refund without penalty, except for the cost of returning it.
Any claim must
be made within the eight days following the date of the invoice, by registered
letter.
Merchandise may only be returned subject to previous agreement within
10 days following the date of receipt by the buyer.
Returns are made at the
buyer's risk.
Terms of payment
The price is due with the
order.
Payments will be made by bank card; this will be done through
a secure system of the Crédit Agricole bank which uses the SSL (Secure Socket
Layer) protocol ensuring that the information sent is encrypted by a software
program and that no third party can read it during its transport over the
network.
The buyer's account will only be debited once the available
services or products have shipped and only for the amount of the products or
services sent or downloaded.
Upon request from the buyer, a paper copy of
the invoice indicated the VAT will be
sent.
Delivery
Deliveries will be made to the address
indicated on the order form, which may only be in the agreed geographic
area.
The buyer is responsible for the risk from the moment that the
products have left the VENDOR's premises. IN the case of damage during
transport, a complaint indicating the grounds must be made to the carrier within
three days of delivery.
Delivery dates are given for information only. If
they exceed thirty days from the order, the contact can be terminated and the
buyer reimbursed.
Warranty
All products supplied by the
Vendor are covered by the legal warranty provided for in the articles 1641 and
following in the French Civil Code.
In the case of a product sold being
non compliant, it can be returned to the Vendor who will take it back, exchange
it or refund it.
Any claim must be made within the eight days following
the date of the invoice, by registered letter.
Merchandise may only be
returned subject to previous agreement within 10 days following the date of
receipt by the buyer.
Returns are made at the buyer's
risk.
Liability
The Vendor, in the on-line sales
process, is only bound by obligation of due care and cannot be held liable for
any damage resulting form use of the Internet network such as loss of data,
intrusion, virus, denial of service or other involuntary
problems.
Intellectual property
All the elements of the
VENDOR's site are and remain the exclusive intellectual property of THE VENDOR
No one is authorized to copy, use, re-disseminate, or utilize in any
way, even partially, the elements of this site, whether they are software,
visual or sound related.
Any link, whether simple or hypertext, is
strictly prohibited unless with the express written agreement of THE VENDOR
Personal data
In accordance with the law concerning
Information technology, files and civil liberties of 6 January 1978, information
of a personal nature related to buyers may be automatically
processed.
Buyers may oppose their personal data and address being
disclosed by informing the VENDOR of this. Likewise, users have the right to
access and correct data concerning them, in accordance with the law of 6 January
1978.
Automatic processing of the information, including management of
site-users' e-mail addresses, has been declared to the CNIL (French national
data protection agency) on …………… registered under Number
…………
Archiving - Proof
THE VENDOR will archive order
forms and invoices on a reliable and lasting medium making a true copy, in
accordance with the provisions of article 1348 of the Civil Code.
THE
VENDOR's computerized registers shall be considered by the parties as proof of
communications, orders, payments and transactions which have taken place between
the parties.
Settlement of disputes
These terms and
conditions of on-line sale are subject to French law.
In the case of
dispute, the jurisdiction shall be that of the competent courts of Brest
(France), notwithstanding plurality of claimants nor appeal for
warranty.
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