General conditions of sale
Article 1 - Designation of the vendor
The present site: www.soskin.fr is published by the company COSMETIC RESEARCH GROUP, SAS, with a capital of €16,048, whose head office is located at 1241, 1ère avenue, in Carros (06510), France.
The company is registered on the Grasse RCS [companies register] under the number 392 952 271.
Its intracommunity VAT number is FR14 392 952 271.
Email address: email@example.com
Telephone number: +33(0) 4 93 08 85 84
Article 2 – General provisions relating to the present general conditions of sale (referred to hereafter as the GCS)
2. 1. Object of the GCS
The GCS are applicable exclusively to the online sale of products from the COSMETIC RESEARCH GROUP on the www.soskin.fr site, (referred to hereafter as the site) to which free access is granted free of charge to all internet users.
2. 2. Field of application of the GCS
The GCS exclusively govern the online sales contracts for products from the COSMETIC RESEARCH GROUP (referred to hereafter as the professional vendor) to purchasers having the quality of consumers (referred to hereafter as consumers) and with the online order constitute the contractual documents that are enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogues, or photographs of products, which only have an indicative value.
The GCS are exclusively applicable to products delivered to consumers established in France and throughout the European Union.
The GCS and all the contractual information referred to on the site, are drawn up in French.
2. 3. Availability and enforceability of the GCS
The GCS are made available to consumers at the vendor’s site where they can be directly consulted.
The GCS are enforceable in respect of the consumer who acknowledges, by checking the box provided for this purpose, that they have knowledge of, and have accepted these GCS before placing an order.
The validation of the order by its confirmation equates to the purchaser’s adherence to the GCS in force on the date of the order, whose conservation and reproduction are provided by the professional vendor in accordance with Article 1127-2 of the code civil (former C. civ., art. 1369-4).
2. 4. Modification of the GCS
The professional vendor reserves the option to modify its GCS at any time.
The case of a modification to the GCS, the GCS applicable are those in force on the date of the order, of which a dated copy showing the current date can be issued to the consumer upon their request.
2. 5. Clauses of the GCS
The nullity of one contractual clause does not entail the nullity of the GCS.
The temporary or permanent non-application of one or more clauses of the GCS by the professional vendor cannot have the value of renunciation on its part of the other clauses of the GCS which shall continue to produce their effects.
Article 3 - Products
3. 1. Characteristics
The products offered for sale that are presented in the catalogue published on the site are each provided with a description drawn up by the COSMETIC RESEARCH GROUP, referring to their essential characteristics, within the meaning of Article L. 111-1 of the code de la consummation [French consumer code].
The photographs illustrating the products do not constitute a contractual document.
3. 2. Instructions for use
The instructions for product use, if essential, are referred to in the electronic catalogue or when the product is delivered at the latest.
3. 3. Conformity
The products comply with the prescriptions in force that relate to the health and safety of persons, to fair trading in commercial transactions and the protection of consumers at the time when they are placed on the market (text reproducing C. consom., art. L. 411-1, former C. consom., art. L. 212-1).
The products comply with the requirements of French law in force at the time of their being placed on the market.
3. 4. Availability of stocks
The products are offered for sale and delivered subject to the limit of stocks available.
In the case of the non-availability of the product ordered, the vendor shall inform the purchaser of this immediately and may offer them a product of an equivalent quality and price or, in default of this, a credit for the value of the order, that is useable for any subsequent order.
In the case of a disagreement on the part of the purchaser, the vendor shall implement the reimbursement of the sums paid within a period of 15 working days.
Other than the reimbursement of the price of the product that is unavailable, the vendor is not bound by any requirement of any cancellation indemnity, unless the non-fulfilment of the contract is personally attributable to the vendor.
Article 4 - Price
4. 1. Sale price
Sale prices, in accordance with Article L. 112-1 of the code de la consommation (former C. consom., art. L. 113-13), are indicated, for each of the products appearing in the electronic catalogue, in euros inclusive of all taxes, excluding costs of delivery and transport referred to before validation of the order, and invoiced in addition.
The total amount due by the consumer is indicated on the order confirmation page.
The sale price for the product is that which is in force on the date of the order.
In the case of a price promotion, the professional vendor undertakes to apply the promotional price to any order placed in the advertising period associated with the promotion.
4. 2. Modification
The professional vendor reserves the right to modify its prices at any time, while ensuring for the consumer the application of the price in force on the date of the order.
4. 3. Costs
Additional transport, delivery or postage costs (to which any other costs borne by the vendor should be added), of which the client was aware before the order was placed, are set out on the purchase order.
Additional costs that could not reasonably have been calculated in advance, are also payable.
Article 5 - Offer
5. 1. Domain
Offers for sale online presented on the site are reserved for consumers residing in France and/or in a country that is a member of the European Union and for deliveries in these same geographical zones.
5. 2. Duration
Offers for sale online presented on the site are valid, in default of any indication of specific duration, as for products appearing in the electronic catalogue and subject to the limitation of stocks available.
5. 3. Acceptance
Acceptance of the offer by the consumer is validated, in accordance with the double click procedure, by the confirmation of the order.
Article 6 - Order
6. 1. Stages of conclusion of the contract
To place an order, the consumer, having placed items in their virtual basket, by indicating the products selected, and the desired quantities, clicks on the “Place order” button and supplies the information concerning delivery and mode of payment.
Before clicking on the “Confirm order” button, the consumer can check the details of their order and its total price and then return to the previous pages to correct any errors, or change their order, as appropriate.
Confirmation of the order entails acceptance of the GCS and forms the contract.
An email confirming receipt of the order and its payment is sent by the vendor as soon as possible.
6. 2. Modification of the order
Any modification to the order by the consumer after confirmation of the order is subject to acceptance by the professional vendor.
The professional vendor reserves the right to make modifications to the product ordered that are linked to technical developments, under the conditions provided in Article R. 212-4 of the code de la consommation (former C. consom., art. R. 212-4, V).
6. 3. Validation of the order
The professional vendor reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for purchasers having the status of a consumer.
Article 7 - Contract
7. 1. Conclusion
The sales contract is formed at the time when the consumer sends confirmation of the order.
7. 2. Archiving and proof
The archiving of communications, purchase orders, and invoices is performed on a reliable medium such as to constitute a reliable, lasting copy in accordance with Article 1360 of the code civil (former C. civ., art. 1348). These communications, purchase orders, and invoices may be produced as proof of the contract.
7. 3. Termination
The order may be terminated by the purchaser by recorded delivery letter with confirmation of receipt, or in writing using another durable medium, in the case of:
— delivery of a non-compliant product in respect of the stated characteristics of the product;
— delivery after the deadline set in the purchase order or, in default of such date, within thirty days of the conclusion of the contract, after the vendor has been enjoined, by the same means and without effect, to make delivery within an additional reasonable period;
— a price increase that is not justified by a technical modification of the product imposed by public authorities.
In all cases, the purchaser may require reimbursement of the sum paid, to which is added interest calculated at the legal rate from the date the sum was collected.
The order may be cancelled by the vendor in the case of the purchaser refusing to take delivery. In this case, the vendor shall reimburse the order.
Article 8 - Payment
8. 1. Due payment
The price is due in full following confirmation of the order.
To the exclusion of sums paid that are reimbursed in the case of the non-availability of the product ordered, under the conditions provided in Article 3-4 of the GCS, any sum paid in advance on the price shall generate interest at the legal rate upon expiry of a period of three months from payment to product delivery, or, in default of this, upon the return of the sum paid with the order (C. consom., art. L. 214 and s.; former C. consom., art. L. 131-1).
Payment takes place immediately with the order placement, by bank card, or via PayPal.
8. 2. Security of the payment
Payment online is secured.
The Client’s bank card details are encrypted using the SSL (Secure Socket Layer) protocol and never appear unencrypted on the network. Payment is made directly to the bank. The COSMETIC RESEARCH GROUP does not have access to these bank details and does not retain them on its servers. For this reason, they are requested again of the Client each time they make a new transaction on the www.soskin.fr site.
Upon payment of the order, the Client indicates directly in the zones provided for this purpose: the card number, its expiry date, and its security code located on the reverse of the card. Any payment online at the www.soskin.fr site entails an immediate debit.
Once the payment process has been completed, an email confirmation of the order is sent to the Client as soon as possible.
8. 3. Payment delays
Any sum not paid when due shall attract interest at the legal rate, without issue of notice.
8. 4. Non-payment
The vendor reserves the right, if the agreed price is not paid when due, either to require execution of the sale, or to terminate the contract by registered letter with confirmation of receipt and to retain, by way of indemnity, any down payment made with the order.
8. 5. Retention of title clause
The vendor remains the owner of the products sold until payment in full of the price, and the purchaser undertakes, until ownership has been transferred to them, to take all appropriate precautions to ensure the conservation of the products in good condition.
Article 9 - Delivery
9. 1. Definition
Delivery is construed as the transfer to the consumer of physical ownership or control of the goods.
9. 2. Delivery lead time
The professional vendor undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within a lead time of 3 to 7 working days following receipt of the order.
Preparation of the order takes between 24 and 48 hrs.
For this reason, during a period of private sales, in a holiday period, or during a (price reduction) sale, the preparation and dispatch lead times from the time of order placement may, exceptionally, be extended, with a corresponding delay in delivery.
9. 3. Delivery delays
Where the product ordered is not delivered, or the service is not provided on the date, or by expiry of the deadline referred to on the order slip, the consumer, having enjoined the vendor, without success, to execute its obligation of delivery within an additional reasonable period, may cancel the contract by registered letter with confirmation of receipt, or in writing, using another durable medium.
9. 4. Location of delivery
The COSMETIC RESEARCH GROUP only delivers in Metropolitan France.
Products are delivered exclusively to the address indicated on the purchase order. Any incorrect or missing information in the delivery address and the identity of the Client shall discharge the COSMETIC RESEARCH GROUP from its delivery responsibility.
9. 5. Modes of delivery
Delivery is made by directly delivering the product to the purchaser or, in default of this, by the vendor sending an availability notice to the purchaser.
Within fifteen days with effect from the availability notice, the purchaser must implement collection of the product ordered.
In the absence of collection within the period indicated, the vendor may, having issued notice to the purchaser, which has remained without effect, implement withdrawal, and with automatic entitlement cancel the order and implement its reimbursement.
Upon receipt of the order, if the Client finds that the package is liable to have been opened or damaged, they shall undertake to refuse it and request its return for the attention of the COSMETIC RESEARCH GROUP which, having determined the defective condition of the package, shall reimburse the Client as soon as possible. The Client is required to notify these incidents to the Soskin Customer Service department by email: firstname.lastname@example.org.
Similarly, if the Products are broken or damaged, or do not correspond to their order, the Client must submit a claim in writing to the Customer Service department within 3 clear days. Any claim submitted beyond this period cannot be accepted. The Client must send the Products to the COSMETIC RESEARCH GROUP at the following address:
COSMETIC RESEARCH GROUP
1241, 1ère avenue - 06510, CARROS
After analysis, the COSMETIC RESEARCH GROUP shall implement reimbursement for the Product(s), except in the case of an exchange. The return costs will in this case be reimbursed to the Client.
The reimbursement of the Products shall be paid in full. This shall be implemented by bank transfer as soon as possible, within 30 days from the date the right to cancel is exercised.
9. 6. Conformity of the products
If the product does not comply with the order, the consumer must send a claim to the professional vendor with a view to obtaining a replacement for the product, or cancellation of the sale.
9. 7. Non-availability of products
In the case of the non-availability of products at the time of delivery, the professional vendor may offer, under the conditions provided in Article 3-4 of GCS, an equivalent product in terms of quality and price.
9. 8. Non-delivery
A total non-delivery entails the automatic cancellation of the sales contract.
9. 9. Delivery and transfer of risk
The risks of loss or damage of the goods are transferred to the consumer at the time when the latter, or a third party that they designate, physically takes possession of the goods, without distinction in respect of their nature.
The product, which is delivered to the consumer by a carrier selected by the vendor, travels at the risks and perils of the vendor.
9. 10. Transfer of ownership
With effect from the delivery date indicated on the order confirmation, ownership of the product is transferred to the purchaser, except in the case where payment in full of the price was not collected at the time of order (see Article 5-5 of the GCS).
Article 10 - Legal guarantee of conformity and guarantee for hidden defects
10. 1. Consumer information
All the products supplied by the vendor have the benefit of the legal guarantee of conformity provided in Articles L. 217-4 and following, of the Code de la consommation (C. consom., L. 211-4 to L. 211-14) or the guarantee in respect of hidden defects provided in Articles 1641 to 1649 of the code civil.
10. 2. Implementation of the guarantee of conformity
Article L. 217-4 of the Code de la consommation (former C. consom., Art. L. 211-4)
The vendor is required to deliver goods that comply with the contract, and assumes responsibility for defects of conformity existing at the time of delivery.
The vendor also assumes responsibility for defects in conformity arising from the packaging, assembly or installation instructions, where such responsibility is ascribed to the vendor by the contract, or where implementation takes place under its responsibility.
Article L. 217-5 of the Code de la consommation (former C. consom., art. L. 211-5)
In order to comply with the contract, the goods must:
1o Be fit for use normally expected from similar goods, and, as appropriate:
— correspond to the description given by the vendor, and must posses the qualities that the latter has presented to the purchaser in the form of a sample or model;
— present the qualities that a purchaser may legitimately expect in respect of the public declarations made by the vendor, by the producer or by their representative, in particular in advertising or labelling;
2o Or present the characteristics defined by common agreement by the parties, or be fit for any special use sought by the purchaser, that has been brought to the knowledge of the vendor and that the latter has accepted.
Article L. 217-12 of Code de la consommation (former C. consom., art. L. 211-12)
An action arising from a defect in conformity is time limited to two years with effect from the date of delivery of the goods.
10. 3. Implementation of the guarantee in respect of hidden defects
Article 1641 of the code civil
The vendor is bound by the guarantee in respect of hidden defects in the item sold that render it unsuited for the use for which it is intended, or which diminish its use to such an extent that the purchaser would not have acquired it, or would have only paid a lower price if they had been aware of them.
Article 1648 of the code civil
An action arising from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
Article 11 - Clauses concerning guarantees
11. 1. Disclaimer
Disclaimers, or clauses limiting the rights granted to consumers in respect of legal guarantees, that are deemed to be null and void where they are concluded before any claim on their part, are valid where they are concluded following a claim by virtue of Article L. 241-5 of the code de la consommation (former C. consom., art. L. 211-17).
11. 2. Law applicable to guarantees
The French law applicable to the contract by virtue of Article 16 of the GCS cannot have the effect of depriving a consumer residing in another Member State of the provisions concerning the guarantees that grant them their national right by application of the Directive of 25 May 1999 concerning sales and consumer goods guarantees.
Article 12 - Responsibility
12. 1. Exoneration of responsibility
The responsibility of the professional vendor cannot be invoked in the case of the non-fulfilment or poor execution of the contract that is due either to an action by the purchaser, or an insurmountable or unforeseeable action by a third party to the contract, or to force majeure.
The responsibility of the professional vendor cannot be invoked for non-conformity of the product to the legislation of the country of the consumer where it is their responsibility to verify whether or not the product is prohibited for sale in their country.
12. 2. Safety defect in the product
In the case of damage caused by a safety defect in the product, the consumer must establish the manufacturer’s responsibility, identifiable from information referred to on the product packaging.
12. 3. Penal clause
In all cases of non-fulfilment of the consumer’s obligations, the sum paid when placing the order remains the property of the professional vendor by way of indemnity.
Article 13 - Resolutive clause
The cancellation of the order in the cases provided in these present GCS shall be declared by simple registered letter with conformation of receipt or by email, and shall be acquired ex lege without the requirement of legal formality.
Article 14 - Right of withdrawal
Article L. 221-5 of the code de la consommation (former C. consom., art. L. 121-17, 2º) imposes the provision of prior information concerning the conditions, time frame, and modes of the exercise of the right of withdrawal and communication of the standard withdrawal form, for which a model is provided in the appendix to Articles R. 121-21 and R. 121-23 of the code de la consommation.
The conditions, time frame, and modes of the exercise of the right of withdrawal are set out in Article L. 221-5 of the Code de la consommation (former C. consom., art. L. 121-17) and Articles L. 221-18 and following of the Code de la consommation (former C. consom., art. L. 121-21 à L. 121-21-8).
The information referred to in ss 2o, 3o and 4o of article L. 221-5 (former C. consom., art. L. 121-17) may be supplied by means of the standard information note appearing in the appendix to article R. 221-3 of the code de la consommation (former C. consom., art. R. 121-2).
14. 1. Conditions, time frame and modes of exercise
If you sign the contract, you will have the right to withdraw, without giving a reason, within a period of fourteen days.
The withdrawal period expires fourteen days after the date when you, or the third party you have designated to do so, physically take(s) possession of the goods.
In order to exercise the right of withdrawal, you must inform us of:
— your name, your geographical address, and, where available, your telephone number and your email address;
— and of your decision to withdraw from the contract by means of an unambiguous declaration (for example, by letter sent by post, fax, or email where these contact details are available, and hence, appearing on the standard withdrawal form). You can use the model withdrawal form, but this is not obligatory.
You can also complete and send the model withdrawal form, or any other unambiguous declaration by email to the following address: email@example.com. If you use this option, we will send you a confirmation of receipt of the withdrawal by email.
In order for the withdrawal period of fourteen days to be complied with, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of this period. In all cases, the onus of proof of this exercise lies with the client.
So that the Product returned can once again be saleable, the consumer undertakes to send it, unopened, in its original packaging and in perfect condition.
14. 2. Effects
In the case of your withdrawal from the contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you had selected, as appropriate, a mode of delivery other than the standard less costly mode of delivery that we offer) without excessive delay, and, in any case, at the latest, fourteen days from the date when we had been informed of your decision to withdraw from the contract.
We shall implement the reimbursement using the same payment method you use for the initial transaction. With your express agreement, another method may be used. In any case, this reimbursement will not incur any costs for you.
It is restated that the client’s responsibility, in the case of withdrawal following the use of the goods, is assumed in respect of the depreciation of the goods arising from handling other than that which is necessary in order to establish the nature, characteristics and proper operation of the goods. According to the European Commission definition, these manipulations are such as a consumer may carry out in a shop, for goods that are offered for sale.
In the case of the client withdrawing, the latter must send back or return the goods to
COSMETIC RESEARCH GROUP
Retour E-Commerce SOSKIN
1241, 1ère Avenue – 06510 CARROS
without excessive delay and, in any case, at the latest within fourteen days of the client having communicated to the recipient named on the withdrawal form their decision to withdraw from the (potential) contract. This period is deemed to have been adhered to if the client returns the goods pertaining to the order before the expiry of the fourteen day period.
In the case of withdrawal by the client, the latter must assume responsibility for the direct costs of returning or sending back the goods.
14. 3. Model withdrawal form
The model withdrawal form is detachable and is included at the end of the document.
Article 15 - Intellectual property
All comments, images, and illustrations on our site at www.soskin.fr are our exclusive property. In respect of intellectual property and author’s rights, any use other than for private use only is prohibited.
Without prior authorisation, any reproduction whether partial or total of the www.soskin.fr site is strictly forbidden and will render the contravening parties liable to legal proceedings.
The creation of hypertext links to the site can only be implemented with the prior, written authorisation of the COSMETIC RESEARCH GROUP. The COSMETIC RESEARCH GROUP declines all responsibility concerning the content, advertising, products, or services available at or via sites linked to the www.soskin.fr site.
Article 16 - Processing of personal data
In accordance with the Law on Computer Technology and Freedoms, you have a right of access, correction, and, subject to the legal provisions applicable in this connection, deletion of data concerning you, with the entity responsible for this processing of data being Soskin Clients Service department.
If you have previously agreed to it, you may receive marketing emails from the COSMETIC RESEARCH GROUP from which you can unsubscribe, concerning the emails, by clicking on the unsubscribe link that appears at the bottom of each email received.
If you do not wish your contact details to be used for commercial proposes, please notify this to the Soskin Customer Service department, which is the entity responsible for the processing of data.
Article 17 - Mediation
17. 1. Initial claim
In the case of a dispute, you should first contact the Soskin Customer Service department by email: firstname.lastname@example.org or by post at:
COSMETIC RESEARCH GROUP
Réclamations E-Commerce SOSKIN
1241, 1ère Avenue – 06510 CARROS
17. 2. Application for mediation
In the case of a failure in the claim application sent to the Soskin Customer Service department, or in the absence of a response from this department within a period of two months, the consumer may submit the dispute relating to the purchase order or these present GCS against the professional vendor (appended claim form) to an internal mediator who will seek, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
In order to submit an application for mediation, the consumer has a claim form which can be accessed at the professional vendor’s site.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the case of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 18 - Competent court
If an amicable agreement cannot be reached, you can submit to a court any dispute relating to the existence, interpretation, conclusion, execution, or breaking off of the contract, as well as to all documents connected with this contract.
The court with jurisdiction will be the court for the location of the defendant’s domicile (article 42 of the code de procédure civile [civil proceedings law]) or the court of the location of the actual delivery of the products (article 46 of the code de procédure civile).
Article 19 - Applicable law
The present contract and GCS governing it are subject to French law.
In the present case, a foreign consumer having entered into a contract on a French site must demonstrate, in order to obtain from the judge, the application of their own law, that French law is less favourable than that of their own country, and that the law of their own country creates an obstacle to exchanges in the internal market which is justified by the protection of consumers.
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
You have the right to withdraw from the present contract without giving a reason, within a period of fourteen days.
The withdrawal period expires fourteen days after the date when you, or a third party other than the carrier and who is designated by you, physically take(s) possession of the first item of goods.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from the present contract by means of an unambiguous declaration by email to email@example.com or by letter sent by post, to the following postal address:
COSMETIC RESEARCH GROUP
1241, 1ère Avenue – 06510 CARROS
You can use the model withdrawal form, but this is not obligatory.
You can also complete and send the model withdrawal form or any other unambiguous declaration to our internet site via our contact form.
If you use this option, we will send you a confirmation of receipt without delay on a durable medium.
In order to comply with the withdrawal deadline, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal deadline.