Terms of Sales
General conditions of use and sale
09/28/2020 version
PREAMBLE
These general conditions of use and sale (hereinafter the "CGUV") govern any relationship between the GOLD 48K site, accessible via the internet address www.gold48K.com (hereinafter the "Site") owned by Dermway Paris, a simplified joint-stock company with a capital of 100,000 euros, whose head office is located at 34 avenue des Champs Elysées - 75008 Paris, registered in the Trade and Companies Register. Paris companies under number 789 877 206 (hereinafter the “Seller”) and any user of the Site (hereinafter the “User”).
The Site allows the Seller to offer cosmetic products for sale to Users browsing the Site (hereinafter the “Products”).
For the application of the CGUV, it is agreed that the User and the Seller will be collectively referred to as the "Parties" and individually referred to as "Party", and that the User who has validated an order will then be referred to as "Buyer".
The rights and obligations of the User necessarily apply to the Buyer.
PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS
The T & Cs are enforceable against the User who acknowledges by validating his order to have been aware of them and to have accepted them without reservation. It is specified that the User can save or print the T & Cs, provided however that they do not modify them.
The CGUV can be supplemented by stipulations of the special conditions of sale or order forms. By accepting the T & Cs, the Buyer expressly waives the right to take advantage of any possible general conditions of purchase.
The Seller reserves the right to modify these T & Cs at any time, without notice, it being understood that such modifications will not be applicable to reservations and to orders previously accepted and confirmed by the Purchaser.
The fact that the Seller does not avail himself at a given time of any one of the T & Cs cannot be interpreted as a waiver of subsequently invoking any of the aforesaid conditions.
The nullity of a contractual clause does not entail the nullity of the T & Cs. The temporary or permanent non-application of one or more clauses of the CGUV by the Seller cannot constitute a waiver on his part of the other clauses of the CGUV which continue to produce their effects.
ORDERED
Orders can only be placed through the Site. Any order supposes the adhesion without restriction or reservation to the CGUV.
The Buyer accepts that the Site's order recording systems can serve as proof of the nature of the order and its date.
The User makes his selection by browsing the pages of the Site. His selections are added to his basket when he clicks on "Add to basket". Each time the User clicks on "Add to cart" a confirmation screen appears which summarizes all the products and options selected. The User has the possibility to view his basket and to finalize his order by clicking on "Finalize my order".
To place an order on the Site, after clicking on "Finalize my order", the User accesses the "Information" page on which he must enter his name, first name, email, address, telephone number. By checking a box, the User has the possibility of accepting the saving of his details, in order to save time during his next order.
By clicking on "Continue to delivery", the User validates the "Information" page and accesses the "Delivery" page on which he must indicate email and delivery address. Shipping costs are calculated and indicated on this same page.
By clicking on "Continue to payment", the User validates the "Delivery" page, and accesses the "Payment" page on which he must check the summary of his order.
The User must fill in the information relating to his credit card and indicate his billing address.
The Site explicitly stipulates that the validation of the order constitutes knowledge and acceptance without restriction or reservation to the CGUV.
To validate his order, the User must click on "Validate my order".
By clicking on "Validate my order", the Buyer accepts this one as well as the T & Cs.
After payment on the secure Stripe server, a confirmation acknowledgment is displayed. He confirms the registration of his order to the Buyer. The Seller will send an order confirmation email to the Buyer when his order is received in the Seller's systems.
This confirmation email will specify the exact amount invoiced and the terms of delivery of the order.
This acknowledgment of receipt constitutes acceptance of the order and will validate the transaction subject to payment of the order.
Product and price offers are valid as long as they are visible on the Site, while stocks last. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Buyers. The Seller reserves the right to refuse an order in the event of insufficient stock.
In the event of unavailability of one or more Products after placing the order, the Buyer will be notified by e-mail. The amount of the order will be recalculated and the new amount will be debited, less the missing Products. If his order is completely unavailable he will be notified by email and he will not be charged.
The Seller does not incur any responsibility in the event of an out of stock or unavailability of Products for orders not yet accepted by the Seller.
The Seller reserves the right to suspend or cancel any order from a Buyer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order. The Seller will inform the Buyer and the payment will not be recorded.
Technical means of identifying and correcting errors
The payment and transmission of delivery details are handled by Stripe and Shopify, respectively.
The Buyer is fully responsible for the proper transmission of his delivery details. The Seller is exempt from any liability or damage related to the incorrect entry of this information at the time of identification or payment.
LEGAL GUARANTEES
Legal guarantees
The Buyer benefits from the provisions of the legal guarantee of conformity and the legal guarantee against hidden defects. The Buyer must keep his purchase invoice in order to benefit from these legal guarantees. For any complaint, the Buyer may contact the Seller via the form on the "Contact" page of the Site
Legal guarantee of conformity
The Seller will deliver a product to you that conforms to the contract and is free from defects in conformity upon delivery of said product, in the sense that the product will be fit for the use usually expected of a similar good and that it will have the characteristics presented during sales. The Seller is also liable for any lack of conformity resulting from the packaging.
This warranty will only apply on the condition that the Buyer requests it within two years of delivery of the product. Defects of conformity which appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
The Buyer may choose between repair and replacement of the product unless one of these choices results in a manifestly disproportionate cost for the Seller. If the repair or replacement of the product is impossible, the Buyer may be refunded the price paid and return the product or keep the product and be refunded part of the price, unless the lack of conformity is minor. The return, replacement or reimbursement of the product will take place at no cost to the Purchaser and does not preclude the possible award of damages if the Purchaser is entitled to it.
Legal warranty against hidden defects
The Seller will deliver a product free from hidden defects which would render it unfit for the use for which it is intended, or which reduce this use so much that the Buyer would not have acquired it, or would only have a lower price for it. , if he had known them.
In the event of a hidden defect, the Purchaser will have the choice to return the product and have the price and the costs incurred by the sale returned or to keep the product and have part of the price returned. In all cases, it will be up to the Buyer to prove that he meets the conditions of the warranty.
4.2 Responsibility
The Seller does everything possible to satisfy the User. The Seller is responsible for the proper execution of the T & Cs.
However, the Seller cannot be held responsible for the non-performance of the contract in the event of a shortage of stock or in the event of unavailability of the product due to a fortuitous event, a case of force majeure, unforeseeable and insurmountable fact. a third party to the contract or due to the product's non-compliance with foreign legislation in the event of delivery to a country other than France.
The Seller declines all responsibility:
- for any interruption of the site;
- for any occurrence of bugs;
- for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site;
- and more generally any direct or indirect damage, whatever the causes, origins, nature or consequences, including in particular the loss of profits, customers, data or any other loss of intangible property that may occur due to anyone's access to the Site or the inability to access it or the credit given to any information coming directly or indirectly from the latter.
Hypertext links can refer to other sites. The Seller cannot be held responsible in the event that the content of these sites contravenes the legal and regulatory provisions in force.
In addition, the Seller recalls that any creation of a hypertext link to the home page of the Site or any other page of the Site is subject to the prior and express agreement of the Seller.
With regard to the free text area, in particular on the form on the "Contact" page, Users are reminded that it is forbidden to enter any abusive, discriminatory message that harms a person's image, under penalty of incurring their responsibility.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure and apart from the maintenance interventions necessary for its proper functioning. These interruptions do not give rise to the right to any compensation. Incidents occurring on networks over which the Seller has no control do not engage its responsibility (power cuts, computer failure).
The Site has been developed to be compatible with Internet Explorer, Chrome, Safari, Firefox browsers and to be optimally visible on all media (mobiles, tablets and computers). The Seller declines all responsibility if the consultation is not optimal when the User does not comply with these technical data.
DELIVERY TIMES, COSTS AND TERMS
Terms of delivery
The products are only delivered to countries of the European Union.
The products will be delivered to the delivery address indicated by the Buyer, by the carrier chosen by the Seller.
The Seller is released from all liability if delivery is not possible or is delayed due to inaccuracies in the contact details provided by the Buyer when ordering.
Delivery time
Delivery will be made as soon as possible (average timeframe of 2 to 5 days) from the order on the Site.
In the event of a delay in delivery, the Seller will inform the Buyer by email as soon as possible and offer him a new envisaged delivery date.
In case of unavailability of the ordered product, the Seller will inform the Buyer as soon as possible. The Seller will offer a Product of equivalent quality or price to the Buyer, or to cancel his order and refund it in full, with the Buyer's agreement.
Shipping cost
Delivery costs are free regardless of the destination in France and in the European Union.
RETENTION OF OWNERSHIP
The products ordered remain the property of the Seller until full receipt of the price by the latter. The Buyer agrees, as long as ownership has not been transferred to him, to take all necessary precautions for the proper conservation of the Products.
PRICE OF PRODUCTS FOR SALE ON THE SITE
The prices appearing on the Site are indicated in Euros all taxes included and are likely to change during the year, it being understood that the products ordered are invoiced at the prices in force at the time of the recording of the order.
The prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by the Seller on his Site.
These prices include in particular the costs of processing the Buyer's order.
If the Buyer requests delivery outside French territory, his order may be subject to possible taxes and customs duties when it arrives at its destination.
The payment of these duties and taxes is the responsibility of the Buyer and the latter is invited to inquire with the competent authorities in his country. The Buyer must also check the possibilities of importing or using the products he orders from the Seller in the country of destination.
Means of payment
The Buyer has the Stripe payment module as a fully secure payment method to pay for purchases on the Site.
With Stripe, Buyer's financial information is never shared with Seller. This is because Stripe encrypts and protects the Buyer's credit card number.
The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method he has chosen, when registering the order form.
The Seller reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution, in the event of non-payment of any sum which may be due by the Buyer or in the event of 'payment incident. The Seller will inform the Buyer accordingly.
As part of the fight against fraud on the Internet, information relating to the order may be transmitted to any competent authority for verification.
security
Payments via Stripe are subject to a security system with a protocol to encrypt credit card details. The User can refer to the terms of use of the Stripe site for more information.
SATISFIED OR REFUNDED: TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
Right and withdrawal period
The Purchaser has a legal right of withdrawal that he can exercise under the conditions provided for by Article L. 221-18 of the Consumer Code, if he meets the conditions set by these provisions, without having to justify of reasons and without having to pay penalties.
The general return policy (for refund or exchange request) of the Seller, in accordance with the legislation, allows the Buyer to withdraw within fourteen (14) days from the date of delivery of the Products, without having to justify reasons and without having to pay a penalty. After this period, the User will no longer be able to exercise his right of withdrawal.
Procedures for exercising the right of withdrawal
The Buyer has the option of completing and transmitting his withdrawal request online on the Site in the form on the "Contact" page of the Site. The Buyer will quickly receive confirmation of their withdrawal by email.
Consequence of the right of withdrawal
As part of the exercise of the right of withdrawal or in the event of non-compliance of the Product, the User may return the product (s) purchased by requesting an exchange or refund under the conditions described. to the article below.
RETURN, EXCHANGE AND REFUND TERMS
Free return procedure
As part of the exercise of the right of withdrawal, the Products must be returned in their original condition and packaging (the case still in cellophane, all the elements present at the time of shipment and if possible the cardboard box. 'shipping).
The return of a Product, in the event of an exchange or a refund request, is free. To do this, these returns must be made by the Postal Services only, returns in Relais Colis are impossible. The Buyer must return his package within 14 days of his request for withdrawal
The Buyer is advised to follow the following instructions to facilitate the processing of said return:
Use the original packaging to return the product;
Attach a copy of the email that will have been sent to you by the Seller following your declaration of withdrawal;
Send the package to the following address:
Dermway Paris / Kaviaar Kare
10 rue Bapst
92600 Asnières sur Seine
Any risk associated with the return of the product is the responsibility of the Buyer.
Exchange
In the event of an exchange request, please specify the Product (s) you wish to receive in exchange for your order.
If the amount of the Product (s) chosen as a replacement has a value greater than the amount of the Product (s) returned, you will have to pay the price difference in accordance with the T & Cs.
If the amount of the Product (s) chosen as a replacement has a value lower than the amount of the Product (s) returned, the price difference will be refunded to you by the Seller.
In the event of an exchange, the transport costs of the first delivery are reimbursed, but the transport costs of the second shipment are invoiced according to the chosen delivery method.
Refund
The Buyer will receive their refund via the method of payment used for the order, within fourteen (14) days of receipt by the Seller of the return package. Return costs incurred will be reimbursed to the Buyer upon request from him as soon as the return is made by post as indicated above. If the Buyer makes this return by another route, the reimbursement he will receive will be limited to postage, the supplement related to the specific mode of transport remaining at his expense.
Under no circumstances will it be possible to assign you an electronic credit note that can be used on the Site.
PERSONAL DATA
As part of an order for product (s), the Seller is intended to collect the User's personal data, in order to allow the order to be carried out.
The Seller undertakes to protect the personal data of the User.
The Seller does not communicate or trade in the User's personal data.
At the order stage on the Site, the User expressly consents to the collection and processing of his personal data necessary to place orders.
The personal data collected by the Seller is intended to enable the order to be carried out. The various personal data relating to the realization will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or fiscal obligations.
By finalizing his order, the User can choose to be informed, by email, of news and offers exclusive to the Site. He can unsubscribe at any time by clicking on the link provided for this purpose on each of the emails received.
In accordance with the Data Protection Act of January 6, 1978 as amended and the General Data Protection Regulation No. 2016/679 of April 27, 2016 (RGPD), the Site User has the right to access, rectification, opposition and deletion subject to legitimate reasons, portability of data concerning him from May 25, 2018. To exercise these rights, the User simply has to make the request via the form on the "Contact" page of the Site. This request must be accompanied by proof of identity.
For the purposes of applying this clause and, To ensure the confidentiality of Users' data, the Site has appointed, in accordance with the provisions of the general data protection regulation (GDPR), a data protection officer. data, in the person of the Managing Director of Dermway Paris), which it is possible to contact via the form on the "Contact" page of the Site.
In any case, any User has the right to make any complaint to the CNIL.
APPLICATION LEGISLATION / COMPETENT JURISDICTION
The CGUV and the sales of Products by the Seller on the Site are subject to French law.
In the event of a dispute which cannot be settled amicably on the substance or on the form, the French courts will have sole jurisdiction.
Litigation
In accordance with ordinance n ° 2016-301 of March 14, 2016 and decree n ° 2016-884 of June 29, 2016, any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute which pits him against a professional. To this end, the Seller guarantees the Buyer effective recourse to a consumer mediation system.
Any dispute or so-called consumer dispute may be the subject of an amicable settlement by mediation with the CMAP - Center de Médiation et d'Arbitrage de Paris.
A dispute cannot be examined by the consumer mediator when:
1 ° The Buyer does not justify having attempted, beforehand, to resolve his dispute directly with the Seller by a written complaint in accordance with the terms provided, if applicable, in the contract;
2 ° The request is manifestly unfounded or abusive;
3 ° The dispute has been previously examined or is under examination by another mediator or by a court;
4 ° The Buyer has submitted his request to the mediator within a period of more than one year from his written complaint to the Seller;
5 ° The dispute does not fall within its field of competence.
To submit your dispute to the mediator, you can (i) complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send your request by regular or registered mail to CMAP Médiation Consommation , 39 avenue Franklin D. Roosevelt, 75008 - Paris, or (iii) send an email to consumption@cmap.fr. Regardless of the means used to enter the CMAP, your request must contain the following elements to be processed quickly:
Your postal, email and telephone contact details as well as the full name and address of the Seller, a brief statement of the facts, and proof of the preliminary steps taken with the Seller.
CONTACT US / AFTER-SALES SERVICE
If you wish to contact us, our customer service is at your disposal:
=> For information on our offers;
=> To follow the execution of an order, to exercise the right of withdrawal or to invoke the guarantee.
We provide you with a form on the "Contact" page of the Site.
INTELLECTUAL PROPERTY
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, brands, designs, models, photographs, texts, illustrations, logos, animated or non-animated sequences, sound or not, graphics , etc. found on this Site, as well as their compilation, are the exclusive property of the Seller.
This company does not grant any license or any right other than that of consulting the Site, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.
Neither the Site (in whole or in part), nor its content, nor the trademarks may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose. purpose whatsoever without the prior written authorization of the Seller.
Any other use constitutes an infringement.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L217-4
The seller delivers goods in conformity 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, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.
Article L217-7
The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L217-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
Article L217-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L217-11
Application of the provisions of the articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L217-12
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from the articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L217-14
The recourse action may be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of civil Code.
Annex 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1642
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643
He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned, as it will be arbitrated by experts. .
Article 1645
If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
Article 1646
If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1647
If the item which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable towards the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by authority of justice.
