General terms and conditions of sale
The conditions set out below define the rights and obligations of The company Derma France as well as the buyer, hereinafter referred to as "Customer".
Only non-commercial natural persons are considered buyers.
The customer declares to have the legal capacity to conclude this contract, that is to say to have the legal majority and not to be placed under a regime of legal or conventional protection, according to the article of law 1146 of the Civil Code.
The www.depileargile.fr site reserves the right to change these conditions at any time, without notice. However, any changes will be mentioned in these general conditions of sale.
ARTICLE 1: FORMATION OF THE CONTRACT
The formation of the contract between Derma France and the Customer occurs at the time of the order confirmation. This order confirmation summarizes the details of the order and serves as a contract between the Customer and Derma France.
All products listed on the www.depileargile.fr website are available for delivery to all countries served by Swiss Post.
ARTICLE 2: TERMS OF ORDER
2-1 ) Online sales:
The www.depileargile.fr site allows you to order from Derma France a selection of products online via the internet for delivery in all countries served by La Poste. The order process is established as follows: the Customer can at any time add a product to the basket by clicking on "add to cart" via the product sheet. The product is then added to the basket and the Customer can continue his visit to the site to add other products. The Customer has visibility on the contents of the basket with the prices and product characteristics by clicking on "view my basket". He can then finalize his order by clicking on "pay for my purchases".
For an order to be fully validated, the Customer must clearly identify himself by creating a customer account where he must enter his surname, first name and email address which are exclusively personal to him.
To avoid any error, Derma France recommends to its Customers to carefully check the content of their order (product, price ...), it will be possible for the Customer to renew this verification during the email of receipt validating the order. The Customer will have access to his order via his personal space on the site in the tab "history and details of my orders".
Derma France reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example, in the event of an ongoing dispute concerning the payment of a previous order or if Derma France suspects a violation of the general conditions of sale or for any attempt at fraud.
2-2) Distance selling by telephone:
The Customer can also order by phone at +33 (0)2 48 16 87 58. The list of Derma France products offered for sale at a distance are visible to the customer via the website www.depileargile.fr. Articles L.111-1, L.112-1, L.221-5, L.111-5, L.131-1 and following of the Consumer Code (in the Annex) apply.
ARTICLE 3: PRODUCT
All orders placed via the website or by phone are shipped subject to product availability.
Derma France, makes every effort to ensure that the products offered on the website are available when ordering. For technical reasons, it may be that the products chosen by the Customer are no longer available from Derma France when confirming the order. In this case the Customer will be contacted by Customer Service to find an adequate solution.
The essential characteristics of the articles are presented on our site in each of the article sheets. The images used are not contractual, some differences may be present between the photographs and the actual object. Indeed a photograph is an optical and technical process that can present variations and defects in appearance between reality and the rendering of photography.
ARTICLE 4: PRICES
The prices indicated on the site are expressed by default in euros all French taxes included (TTC), on the basis of the French value added tax (VAT) at 20%, excluding transport costs.
Derma France reserves the right to change prices without notice.
The products remain the property of Derma France until full payment of the price.
The total amount due by the Customer is the amount indicated at the time of the order confirmation.
The total amount of the basket in step 1 is given as an indication, with a predefined delivery method.
The total price will be notified on the order when choosing the delivery method at the "Delivery" step.
The "Payment" step allows you to choose the payment method desired by the Customer, the amount indicated in this step is the total amount of the order including shipping costs.
Upon receipt of an order confirmation, an order invoice will be available in the "my account" area upon confirmation of the order by the Customer. This will include a summary of the products as well as the total price paid and debited. An invoice will also be attached with the product at the time of shipment.
ARTICLE 5: PAYMENT
Any item purchased on the www.depileargile.fr site can be paid by credit card, by the PayPal service or bank check. In the case of payment by bank check, the order will only be shipped after receipt and cashing of said check
In case of payment by credit card, the debit is made at the time of validation of the order, after confirmation of the bank issuing the card. In accordance with the recommendation of the CNIL they are secured by highly secure pages for the entry of payment data: card number, expiry date and visual cryptogram (PCI DSS standard). This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and makes them inaccessible to a third party.
In case of refusal of the bank, the order will be automatically canceled. At no time does the Customer's bank details pass through Derma France's computer system.
For distance selling by telephone, Derma France undertakes not to keep any credit card data transmitted by the Customer to make his purchase.
ARTICLE 6: DELIVERY AND SHIPPING
Derma France delivers the product(s) ordered to the delivery address indicated by the Customer in the "Address" step of his order. It is imperative for the Customer to verify its accuracy. Any reshipment due to inaccurate address will be the responsibility of the Customer.
Delivery costs are calculated according to the delivery method chosen by the Customer when ordering at the "Delivery" step.
Any order is processed by Derma France 8 working days, the Customer receives an email when shipping his order containing the tracking number of the order, allowing the customer to locate his package and follow its evolution via the carrier's website.
The delivery times mentioned are indicative.
In metropolitan France, the delivery time may not exceed 15 days from receipt of the order confirmation email. The delivery time is about 1 to 5 working days. However, Derma France cannot be held responsible for delays due to the carrier.
The Customer can choose the withdrawal in Store Derma France as a delivery method in step 4 of his order "Delivery". This service is free of charge. The Customer is notified by email of the availability of his order. The Customer can pick up his order during the opening hours of Derma France without limit in time.
To collect your order, the Customer must present himself with an identity document and the order confirmation email (or the order provision email).
ARTICLE 7: RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-18, L.221-20-1, L.221-21 of the Consumer Code, the customer not satisfied with his order has a withdrawal period of 14 days after receipt of the goods to request a refund and 30 days to make an exchange.
To return the products, the Customer must complete the return form, which will have been sent to him after contacting customer service by email firstname.lastname@example.org or by phone at +33 (0) 2 48 16 87 58. The form must be completed with the surname, first name, address, order number, as well as the exact list of products to be returned and a complete and detailed explanation of the return.
This form will be attached to the package that the Customer will return with the products.
If the Customer decides to return several items of the same order, it is imperative that all products are returned together.
The return costs remain the responsibility of the Customer.
Any returned product must be in its intact condition and not used in its original packaging. If the returned product is damaged, it will be returned to the Customer at his expense.
The Customer has the choice between a refund or a credit note. In the case of a distance sale (VAD), the refund will be made by check only.
The Customer will be reimbursed the amount of the order concerning the returned product as well as the initial delivery costs, no later than 14 days after the exercise of the right of withdrawal.
In case of order returned to the supplier for non-complaint at the relay point, the customer will be refunded his order less shipping costs.
Namely 4.40 € for a worldwide relay return, 6.95 € for a colissimo return.
ARTICLE 8: RETURNED PRODUCTS
To return a product, you must first contact Derma France to indicate the reason for the return. After agreement between the two parties, the Customer must return the product at his own expense.
If the return follows an error on the part of Derma France (reference, hidden defect ...), Derma France undertakes to reimburse the delivery costs and to reship a new product at its expense. The Customer may also request a full refund of the product and delivery costs.
Subject to the agreement of Derma France, the Customer may make a choice between the exchange or a refund; the exchange can be on the same product or on a different product. If there is a price difference between the two products either the Customer will have to pay the difference, or Derma France will make a note of the difference.
Any returned product must be in its intact condition, unused and in its original packaging. If the product concerned does not comply with these conditions, the product will be returned to the customer at his expense.
You can make your return request by email to email@example.com or by phone at +33 (0) 2 48 16 87 58.
We will thus indicate the procedure to follow for the returns of the products.
ARTICLE 9: WARRANTY
Derma France offers you a commercial guarantee of 6 months, it applies to all products. The product is guaranteed against all manufacturing defects for a period of 6 months from the date of purchase. This warranty is valid for normal use of the product. The following are excluded from the warranty: defects resulting from accidents, handling or improper or abusive use (such as shocks, marks of blows, crushing, exposure to corrosive agents), as well as the consequences of wear and normal aging of the product.
On the other hand, any defective parts due to a manufacturing defect duly noted by our Customer Service will be repaired or replaced.
For the Customer to benefit from his guarantee, it is necessary that he has the invoice for the purchase of the product.
Therefore, if the Customer encounters a problem during this warranty period, the Customer must contact customer service at the following address: firstname.lastname@example.org or by phone at +33 (0) 2 48 16 87 58 to find out the terms of return and find an adequate solution.
When returning the product by the Customer, it is necessary to protect and carefully place the product(s) in their original packaging to be sent to, Derma France ZA Esprit 1 – Bâtiment 45, rue Albert Einstein 18000 Bourges, accompanied by the invoice.
ARTICLE 10: LIABILITY
Derma France cannot be held responsible for events preventing the proper performance of the contract and which are attributable to the customer, a third party to the contract or a case of force majeure.
In addition, the information contained in the site may contain technical inaccuracies or translation or typographical errors and www.depileargile.fr cannot be held responsible for them. The company Derma France is not responsible for the use of other sites that customers can access via links on www.depileargile.fr.
If one condition were found to be illegal or was considered void, it would not result in the nullity of the other conditions.
ARTICLE 11: APPLICABLE LAW
Sales concluded with Derma France via the www.depileargile.fr website are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Otherwise, all disputes to which this contract could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of the common law.
ARTICLE 12: INTELLECTUAL PROPERTY
The company Derma France is the owner of the site www.depileargile.fr.
In addition to the graphics, the texts, more generally everything that makes up the site www.depileargile.fr are the property of the company Derma France or its suppliers.
All other graphics appearing on the products and the website www.depileargile.fr belong to the company Derma France and may not be reproduced. Photos and diagrams representing the products may not be reproduced.
All names, logos, trademarks and titles used on this site are registered trademarks or names registered by their owners.
It is also recalled that all models belong to Derma France, which has an artistic property right over all of its products.
The Customer declares to acknowledge that any counterfeit, of the brand or model or other graphic design, may be sanctioned by criminal and / or civil convictions at the discretion of Derma France.
ARTICLE 13: PERSONAL DATA
All the information requested on the site www.depileargile.fr when ordering is the following: name, address, email, telephone number and Customer number.
In addition, certain information will be collected when browsing the site www.depileargile.fr via cookies.
This personal information is only used in the context of the exercise of the site www.depileargile.fr,in order to guarantee a better follow-up of orders and an improvement of services. Derma France undertakes not to provide this personal information to any third party without the prior consent of the Customer.
The Customer may at any time assert his rights of access, rectification and refusal of processing of personal data, in accordance with articles 38, 39 and 40 of the law relating to data processing, files and freedoms. To do this, you must contact us at the following address: email@example.com
It is also possible to unsubscribe at any time from our mailings.
ARTICLE 14: CUSTOMS
Any order placed on the site and delivered outside Metropolitan France may be subject to any taxes and customs duties that are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the Customer and are his responsibility. Derma France is not obliged to verify and inform its Customers of applicable customs duties and taxes. To know them, it is up to the customer to inquire with the competent authorities of his country.
The language of these general conditions of sale is French. This contract is subject to French law. And in the event of a dispute with a Customer, the French courts will have sole jurisdiction.
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the use usually expected of a similar good and, if applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. That period shall run from the date of the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect