General Conditions of Sale
Last updated: February 1 , 2024
Article 1 – LEGAL NOTICES
This site, accessible at the URL fr.skindiligent.com (the “Site”), is published by:
We Concept France SAS, a company registered in the trade register under number 981034093 , whose registered office is located at 66 Avenue des Champs Elysées, 75008 Paris and whose VAT number is FR71981034093. Skin Diligent is a registered trademark of We Concept France.
(Hereinafter referred to as the “ Operator ”) .
The Site is hosted by Shopify UK Ltd, located at 1 Bartholomew Lane, London EC2N 2AX, United Kingdom.
Email address : commande@skindiligent.com
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the " General Terms and Conditions of Sale ", or the " GTC ") are applicable exclusively to the online sale of products offered by the Operator on the Website. The GTC are made available to customers on the Website where they can be consulted directly and can also be communicated to them upon simple request by any means.
The General Terms and Conditions are binding on the customer who acknowledges having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Skin Diligent website is an online sales site for cosmetic products (hereinafter the “ Product(s) ”) open exclusively to non-professional consumers using the Site (the “ Customer ”).
The Products presented on the Site are each subject to a description mentioning their essential characteristics and their unit price. The photographs illustrating the products do not constitute a contractual document. The instructions for use of the Products appear on the back of the Products. The Products comply with the requirements of French law in force.
Subject to the legal provisions in force, the Operator has no obligation of results regarding the effects of the use of the Products.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer may first create their personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is the Customer's responsibility not to communicate their username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing them to access their customer area, the Customer acknowledging that they are solely responsible for access to the Service via their username and password, except in the case of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their username and/or password.
The Client undertakes upon registration to:
- provide real, accurate and up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
- keep registration data up to date to ensure that it is always real, accurate and up-to-date.
The Customer further undertakes not to make available or distribute any information that is illicit or reprehensible (such as defamatory information or information constituting identity theft) or harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 – ORDERS
The Operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:
- the delivery of a Product of a quality and price equivalent to that initially ordered, or
- reimbursement of the price of the Product ordered no later than thirty (30) days from payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation.
Except as otherwise provided in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to their basket by indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of their order and its total price, and to return to the previous pages to possibly correct the contents of their basket, before confirming it.
The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and conditions and any delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
Contractual information relating to the order (including the order number) will be confirmed by email in due time and at the latest at the time of delivery. Any email sent to the Customer in connection with an order will be sent to the email address that the Customer uses to log in to their customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
- The Customer does not comply with the General Terms and Conditions in force at the time of the order;
- One of the Customer's previous orders is the subject of a dispute currently being processed;
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.
The Client declares that he has full legal capacity to enter into a commitment under these General Conditions.
Registration is open to both capable adults and minors, provided that they participate under the supervision of a parent or guardian with parental authority. Registration is strictly personal to each Client.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.
Article 6 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by all necessary means.
The Operator uses an online payment solution provided by Stripe.
Payment is made by credit card directly on Stripe's secure banking servers; the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. This way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The impossibility of debiting the amounts due will result in the immediate nullity of the sale.
The bank card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its approval for the transaction.
As part of the control procedures, the Operator may have to request from the Customer all the documents necessary to finalize his order. These documents will not be used for any other purposes.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time the Customer sends confirmation of their order.
The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. The "click" of the payment of the order constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications and purchase orders is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications and purchase orders may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
Article 9 – RESERVATION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until full payment has been received, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
Delivery means the transfer to the Customer of physical possession or control of the Product. The order is considered received when the carrier's tracking tool confirms delivery to the address provided by the Customer (home or relay point). Delivery is also considered completed even if the carrier has had to change the delivery relay point initially chosen and it is located within a radius of 3 km around the initial point.
The Operator offers different delivery methods on the Site: consult our delivery options .
The shipping costs are those specified when finalizing the order and are accepted by validating the order .
Delivery times are estimated in working days on the Site but remain indicative. These times include the preparation and dispatch of the order as well as the time provided by the carrier.
However, if one or more Products cannot be delivered within the initially estimated timeframe, the Operator will send an email indicating the new delivery date to the Customer. However, if 30 days after the indicative delivery date, the order has not been delivered, for any reason other than a fortuitous event or force majeure, the sale may be terminated at the request of either party; the purchaser may obtain a refund of his payment to the exclusion of any other compensation or damages.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore the Customer's responsibility to check that this address does not contain any errors and that someone will be able to take delivery of the order on the delivery day if the delivery is to the home or to collect it from a relay point within the time limits required by the carrier. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery. Similarly, the Operator cannot be held liable if the delivery has not been received by the Customer due to his absence at the time of delivery or if the Customer has not collected it from a relay point within the time limits required by the carrier.
No deliveries will be made to a PO box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and not damaged.
Article 11 – RIGHT OF WITHDRAWAL
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to follow the procedure of our Return and Refund Policy available on the Site.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of our Return and Refund Policy and the withdrawal procedures.
Article 12 – CUSTOMER SERVICE
The Customer may contact the Operator by email at commande@skindiligent.com , indicating their name, telephone number, the subject of their request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the " Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.
The Operator reserves the right to take all legal action against persons who have not respected the prohibitions contained in this article.
ARTICLE 14 – LIABILITY AND WARRANTY
The Operator shall not be held liable for non-performance of the contract due to the Client or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or their presentation.
The Operator cannot be held responsible for the use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, including lawyers' fees, incurred for its defense.
Independently of any additional contractual guarantee (commercial guarantee) which could be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
- you have a period of two (2) years from delivery of the goods to act:
- you can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except used goods).
You may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of Articles 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:
Art. L.217-4 of the Consumer Code:
"The seller delivers goods that conform to 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, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
Art. L.217-5 of the Consumer Code:
“The property complies with 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 in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents 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.
Art. L.217-7 of the Consumer Code:
“Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Art. L.217-9 of the Consumer Code:
"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 cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer."
Art. L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”
Art. 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which make 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 have paid a lower price for it, if he had known of them."
Art. 1644 of the Civil Code:
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."
Art. 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.”
It is recalled that the search for amicable solutions prior to possible legal action does not interrupt the time limits for the application of legal guarantees or the duration of any possible contractual guarantee.
ARTICLE 17 – PERSONAL DATA
For further information regarding the Operator's use of personal data, please carefully read our Privacy Policy available on the Site.
Article 18 – HYPERTEXT LINKS
Hyperlinks available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he/she will leave the Site and then agree to use third-party sites at his/her own risk or, where applicable, in accordance with the conditions that govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take responsibility for all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to report any hyperlink present on the Site which would allow access to a third-party site offering content contrary to the laws and/or morality.
The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 19 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to invoke such a breach in the future.
CHANGES TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.
Furthermore, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Conditions, at any time and without notice. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards it or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Client to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you should first contact the company's customer service at the following address: commande@skindiligent.com
In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these General Terms and Conditions opposing it to the Operator to the following mediator: cmap@cmap.fr (Paris Mediation and Arbitration Center)
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
APPLICABLE LAW
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Client acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms having read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated on that date may be provided to the Customer upon request. It is therefore specified that any modification to the General Conditions which may be made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.