CGV CGU

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (known as “GTC“) applywithout restriction or reservation to all sales concluded by the Seller to nonprofessional buyers (“The Customers or the Customer“), wishing to acquire the products offered for sale (“The Products“) by the Seller on the site www.paolinaskincare.comThe Products offered for sale on the site are as following:

• Nutricosmetic, Cosmetic

The main characteristics of the Products and in particular the specificationsillustrations and indications of dimensions or capacity of the Productsare presented on the site www.paolinaskincare.com which the customer is required to read before ordering.

The choice and the purchase of a product are the sole responsibility of the Customer.

Product offers are understood within the limits of available stocksas specified when placing the order.

These GTC’s are accessible at any time on the site www.paolinaskincare.com and will prevail over any other document.

The Customer declares to have read these GTC and to have accepted them by clicking on the box provided for this purpose before implementing the online order procedure for the www.paolinaskincare.com web site.

Unless proven otherwisethe data recorded in the Sellers computer system constitutes proof of all transactions concluded with the Customer.

The Sellers contact details are as follows:

paolinaskincareSAS

Share capital of 5000 euros

Registered with the Bordeaux RCSunder number 889 746 194

BP 10016 33015 Bordeaux Cedex

mailcontact@paolinaskincare.com

The Products presented on the site www.paolinaskincare.com are offered for sale for the following territories:

France, EuropeMexico.

In the event of an order to a country other than mainland Francethe Customer is the importer of the Product (sconcerned.

For all Products shipped outside the European Union and French overseas departments and territoriesthe price will be calculated excluding tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payableThey will be the responsibility of and are the sole responsibility of the Client .

ARTICLE 2 – PRICE

The Products are supplied at the prices appearing on the web site www.paolinaskincare.com, when the order is registered by the Seller. The prices are in Euros, HT and TTC. The prices take into account any reductions that would be granted by the Seller on the site www.paolinaskincare.com. These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time. The prices do not include the costs of processing, shipping, transport and delivery, which are billed in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – ORDERS

It is up to the Customer to select on the web site www.paolinaskincare.com the Products he wishes to order, according to the following methods: The customer chooses a product that he puts in his basket, a product that he can delete or modify before confirming his order and accepting these general conditions of sale. He then entered his contact details and chose the delivery method. After validation of the information, the order will be considered final and will require payment from the customer according to the terms provided. . Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the site www.paolinaskincare.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 4 – PAYEMENT TERMS

The price is paid by secure payment, according to the following terms:

  • Payment by credit card

The price is to be paid by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the site www.paolinaskincare.com.

Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.

ARTICLE 5 – DELIVERIES

The Products ordered by the Customer will be delivered in metropolitan France or in the following zone (s): FranceEuropean UnionMexico.

 

Deliveries take place within 3-5 days excluding weekends or holidays. Mexico, 7-10 working days and excluding public holidays, at the address indicated by the Customer when ordering on the site. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Regarding shipments to Europe and Mexico customs fees may apply. Please refer to the current rates.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. If the Products ordered have not been delivered within a period after the indicative delivery date, for any reason other than an outside force, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.

Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access. When the Customer is responsible for calling on a carrier that he himself chooses, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier who accepted them without reservations.

The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the customer.

The Customer is required to check the condition of the products delivered. He has 14 days from delivery to formulate complaints by Mail: Paolina Skincare BP 10016 Bordeaux Cedex 33015, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these GTC. The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 – TRANSFERT OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day: 1 ° The conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4; 2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods.

For contracts concluded off-premises, the consumer can exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt of the last good or lot or of the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good”.

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.

Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken backThe return costs remain the responsibility of the Customer. The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 – SELLER’S LIABILITY – GUARANTEES

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,

• the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,

Article L217-4 of the Consumer Code

“The seller is required to deliver 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 of the Consumer Code

“The good conforms to the contract:

1 ° If it is suitable for the use usually expected of a similar good and, where 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 L217-12 of the Consumer Code

“Action resulting from lack of conformity lapses two years after delivery of the goods. “

Article 1641 of the Civil Code.

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. “

Article L217-16 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 repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “

In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects as from their discovery.

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 DAYS days of the Seller’s finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer or check.

The Seller’s liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,

• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 9 – PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.

 

9.1 Collection of personal data

The personal data collected on the site www.paolinaskincare.com are as follows: Ordering Products: When ordering Products by the Customer: Names, first names, postal address, telephone number and e-mail address. Payment As part of the payment for the Products offered on the www.paolinaskincare.com site, this site records financial data relating to the Customer / user’s bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products. The category (ies) of co-contractor (s) is (are): • Transport providers • Payment institution service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Restriction of processing

Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.

ARTICLE 10 – INTELLECTUAL PROPERTY

The content of the www.paolinaskincare.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

ARTICLE 11 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.

These Termes and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

ARTICLE 12 – UPDATE

Paolina skincare might update the GTC’s id the web site, shipping or laws are to change.

ARTICLE 13 – DISPUTES

For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTC’s.

The Client is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of settling disputes (conciliation, for example) in the event of a dispute.

In this case, the appointed mediator is Mediation of Consumption & Heritage

12 Square Desnouettes – 75015 Paris

E-mail: contact@mcpmediation.org

The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home .show

All disputes to which the purchase and sale transactions concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.

WITHDRAWAL FORM

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.paolinaskincare.com, except for exclusions or limits on the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of SAS, Paolina Skincare

BP 10016 33015 Bordeaux Cedex

I hereby notify the withdrawal of the contract relating to the property below:

– Order from (indicate date)

– Order number: …………………………………….. ……………

  Client name : ……………………………………… …………………………

– Customer’s address: ……………………………………… ……………………..

Signature of the Client (only if this form is notified on paper)

 

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