GENERAL SALES CONDITIONS
These Terms and Conditions of Sale apply only to the online sale of products on the Site and come into force on January 1, 2019.
These Terms and Conditions govern all sales made through the Site: http://exeko-paris.com/ (hereinafter referred to as "the site"), in particular cosmetic products and medical devices (hereinafter referred to as "the products") of the EXEKO brand belonging to NEO COSMETIQUE.
For the purposes of these terms and conditions of sale, it is agreed that the user of the site (hereinafter referred to as "the Internet user") and NEO COSMETICS will collectively be referred to as "the parties", and that the user who has validated an order will then be referred to as "the purchaser". The rights and obligations of the user necessarily apply to the buyer.
The Internet user who wishes to buy on the site, declares that he has full legal capacity. It is specified that the products are intended for personal use by the purchaser, without any direct connection with the purchaser's professional activity. As such, the buyer's attention is drawn to the fact that the amount of his order may not exceed the sum of EUR 1000. The products are offered for sale in metropolitan France (excluding Corsica) and Monaco, meaning that no product will be delivered outside these territories.
Article 1: SUBJECT
The purpose of these Terms and Conditions of Sale is to define the terms and conditions under which the parties enter into a contract for the sale of the products through the Site. Consequently, any order for one or more products through this site implies an unreserved acceptance by the purchaser of these general conditions of sale, which prevail over any other document, unless specifically agreed in writing by NEO COSMETIQUE. The buyer acknowledges having read the general conditions of sale prior to ordering. NEO COSMETIQUE reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer. The purchaser may save these Terms and Conditions at any time by printing or recording them on any electronic medium.
Article 2: PRODUCTS AND PRICES
The products offered for sale by NEO COSMETICS are those listed on the site at http://exeko-paris.com/ on the day of the buyer's visit to the site, and within the limits of available stocks. NEO COSMETICS reserves the right to modify at any time the list and product ranges available for sale on the site. Photographs illustrating EXEKO products are not contractual. In accordance with Article L. 111-1 of the Consumer Code, the purchaser may, prior to his order, read directly on the site the essential characteristics of the product(s) he wishes to order. On the other hand, if the buyer wishes to obtain qualified advice on the products, a "Consumer Service" is made available to him (to contact the consumer service, see Article 6(2))
2.2 Price - Shipping
The prices of our products are expressed in euros and include all taxes (VAT rate). applicable on the day of the order). They do not include participation in the costs of processing and shipping orders, invoiced in addition to the price of the products purchased, of an amount of 5,00 € VAT per order. This flat-rate shipping fee will be applied and indicated prior to the final validation of the order by the buyer. For any order of the purchaser of an amount equal to or greater than € 40, no participation in the above mentioned processing and shipping costs will be applied to the purchaser. The products remain the property of NEO COSMETIQUE until the full payment of the price. Any promotional offers are valid as long as they are advertised on the site. NEO COSMETIQUE reserves the right, as the user agrees, to change its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the registration of the order, subject to the availability of the products.
Article 3: COMMAND
Article 3.1: Product Availability
When ordering, the user is informed of the availability of products on the site by the following indications: The user can add the product to his/her basket -> the product is available. The Internet user cannot add the product to his basket -> the entry "Soon Available" is visible on the site if the product is temporarily out of stock. The Internet user cannot add the product to his basket -> no mention appears, the product is not/is no longer available for sale. Products are offered within available stocks. In the event of product unavailability after validation of the order, the buyer will be informed by e-mail as soon as possible. In the event of a short-term stock break, we reserve the right to postpone your shipment for a few days, the time to replenish the product. In the event of payment of products that have been permanently exhausted and cancelation of the order, the sums paid will be refunded.
Article 3.2: Product Order
To purchase the products, the buyer must log on to the site and select the products by clicking on the "Add to Basket" box. The buyer can obtain a summary of the products he has selected for his order at any time by clicking on "My Shopping Cart". He will be able to continue his selection of products by clicking on the "Continue my purchases" icon. The order will be final and therefore the user will become a buyer only by accepting the general conditions of sale and then clicking on "Validate and pay my order". The purchaser will need to provide the information necessary for identification: its civility, name, first name, e-mail address, password, delivery and billing address, either to create its account or without creating an account, by completing the form provided to it with accuracy, on which it will indicate all the information necessary for its identification. The buyer accepts that any entry of his identifier is proof of his identity. An online product order follows: First, the sending by NEO COSMETIQUE, via e-mail, of a confirmation and order summary In a second step: the sending by NEO COSMETICS, via e-mail, of a confirmation of dispatch of the order In a third step: the delivery of the products by carrier to the address indicated by the buyer when placing his order for products. An order is deemed to have been placed on the site, and the offer to contract from the user is firm, when the user has accepted the general terms of sale and has validated his payment, the "click" and the acceptance of the general conditions of sale (check box) constituting an irrevocable and unreserved acceptance of the order by the buyer. The data recorded by NEO COSMETIQUE and the secured payment provider constitute proof of the nature, content and date of the order. The sale will only be concluded after the confirmation of the order by NEO COSMETIQUE has been sent to the purchaser and the buyer receives the full price. NEO COSMETICS recommends that the buyer keep the information contained in the order confirmation sent by NEO COSMETICS on a paper or computer-based document. Notwithstanding the above, NEO COSMETIQUE reserves the right to cancel any order of a buyer with whom there is a previous dispute of payment or for any other legitimate reason having regard, in particular, to the abnormal nature of the order. Any fraudulent or presumed order will be considered null and void by NEO COSMETIQUE.
Article 4: PAYMENT
Payment of orders must be by payment card (CB, Visa). In the event of the purchase of one or more products on the site, the purchaser shall indicate directly in the areas provided for this purpose: the card number, its validity date and its control code located on the back of the card. NEO COSMETICS reserves the right to suspend all order management and delivery in case of non-payment. NEO COSMETIQUE reserves the right to refuse or honor an order from a buyer who has not paid for all or part of a previous order or with whom a dispute of payment would remain. NEO COSMETICS cannot be held responsible for any malfeasance or fraudulent use of any means of payment which has not been detected by the verification procedure. The buyer guarantees NEO COSMETIQUE that he has the necessary authorization to use the method of payment he has chosen for his order. Any fraudulent use of the credit card will not be reimbursed by NEO COSMETIQUE. Until a product order(s) have been fully settled, the product(s) remain the property of NEO COSMETICS.
Article 4.1: Secure Payments
Purchases made by the buyer are secured and made through PRESTASHOP. Payment of the order is made online via the secure payment platform of PRESTASHOP by payment card (blue card, Visa). Transactions made on the site are secure. All information exchanged to process payment is encrypted using SSL. Purchases made by the Buyer are also secured by the "3-D Secure" system: a secure payment protocol on the Internet. It allows merchants to limit the risks of Internet fraud, linked to attempts at identity theft. It consists of ensuring that, at the time of each online payment, the card is used by the actual holder.
Article 5: SHIPMENT & DELIVERY
Delivery is limited to Metropolitan France (excluding Corsica) and Monaco. NEO COSMETIQUE is committed to shipping the order within 24 hours to 3 working days. Indicative delivery will be made within an average of 3 to 4 working days depending on the choice of delivery method made by the buyer. This estimated delivery time will be indicated in the confirmation of the order. NEO COSMETICS will not be bound by its obligations in the event of an erroneous or missing mention in the delivery address or in the identity of the purchaser when the purchaser is seized. Delivery is done by our partner COLISSIMO EXPERT. Shipping costs are 5,00 € VAT per order. A shipping confirmation e-mail is sent to the buyer as soon as the package is shipped by COLISSIMO EXPERT, and a link in the body of the e-mail allows you to follow the progress of the delivery. If you have created a COSMETIC NEO account, you will also be able to have this delivery tracking through the "My Orders" menu, then by selecting your order, through the "Track Package Delivery" menu. Upon receipt of the order, the buyer is required to: To make any reservations and complaints to the delivery agent or to refuse the package if it is likely to have been opened or damaged To report these incidents to the NEO COSMETIC Customer Service, the details of which are given in Article 6.2. This is without delay and no later than 3 working days from the receipt of the order. If not, the order is deemed to be delivered in good condition and will not be subject to further challenge.
Article 6: Retraction & Non-compliance
Pursuant to the provisions of Article L.121-20 of the Consumer Code, the buyer has a withdrawal period of fourteen (14) free days from the delivery of his order to return the product(s) and/or refund. Where the fourteen (14) day period expires on a Saturday, Sunday or on a holiday or on a holiday, it shall be extended until the first following working day. Reimbursement of all amounts paid shall be made no later than 14 days from the date of exercise of the right of withdrawal. In addition, the amount due is, in its own right, productive of interest at the current legal rate. If the amount of your original order has enabled you to obtain an advantage (shipping fees, gifts,...), the return of the returned products will be possible, within the limits of the sums actually paid and possible reconsideration of the benefits granted if the conditions to benefit from them were no longer fulfilled. For example, if the total amount of the returned items drops the original order amount below the threshold that provided free shipping, the shipping costs will be deducted from the amount of your refund. Restraint mail is in free format.
Article 6.2: Warranties & Aftermarket Service
Under the terms and conditions set out in the Annex to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Vices), all products supplied by the COSMETIC NEO shall be entitled to the legal guarantee of conformity provided for in Articles L. 211-4 in L. 211-14 of the Code of Consumption and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code. Under these guarantees, NEO COSMETICS undertakes, at the buyer's option, to reimburse or exchange to the buyer the defective products or products not corresponding to its order. The withdrawal or claim is in free form. To contact the consumer department: 01 49 46 51 05 (accessible from Monday to Friday, from 9.30am to 12.00pm and from 2.30pm to 4.00pm). Mail: NEO COSMETIQUE - Customer Service Webshop EXEKO 15 rue Montjoie F-93212 Saint Denis If the buyer changes his mind and wishes to exchange a product ordered for a new product, he must, under his right of withdrawal (see Article 6.1), return the product. This will be refunded but not exchanged. To have a new product, the buyer will have to place a new order on http://exeko-paris.com/
Article 6.3: Product Returns
Returns (due to non-compliance or the exercise of the right of withdrawal) must in all cases be made in their original packaging and in perfect condition of resale at the following address: NEO COSMETIQUE - Service Returns EXEKO 15 rue Montjoie F-93212 Saint Denis The cost of returning the package remains with the buyer. NEO COSMETICS reserves the right to exclude the buyer's right of withdrawal for products returned from the seal for reasons of hygiene and safety.
Article 7: Responsibility
NEO COSMETIQUE cannot be held responsible for the non-execution of the order in the event of stock breaking or product unavailability due to a case of force majeure as defined by the case law and the French courts. NEO COSMETICS will not be held responsible, particularly in the event that the products have not been properly chosen or used. Any defect or defect recognized after a contradictory examination requires NEO COSMETICS only to replace, free of charge, or to reimburse products recognized as defective. Similarly, NEO COSMETIQUE’s liability under the obligations of these general conditions of sale shall not be incurred in the event of damage resulting from the use of the Internet network such as virus, intrusion, loss of data, disruption of the Internet service.
Article 8: Computer & Freedom
The information collected by NEO COSMETICS at the time of any purchase order is necessary for the processing of orders by NEO COSMETICS and its trading partners. This information is strictly confidential. Failure to provide information implies automatic rejection of the order. In accordance with the Computer Law No. 78-17 of 6 January 1978, the purchaser has the right to access, correct, delete and oppose his personal data. The purchaser may exercise this right by writing to NEO COSMETIQUE, Service Communication, 15 rue Montjoie F-93212 Saint Denis, indicating his name, first name and address and the subject of the application.
Article 9: Dispute
In the event of a dispute between NEO COSMETICS and the buyer, the most diligent party shall, prior to any appeal to a court, send a letter of formal notice containing the claims against the other party. Failure to implement an attempt to reconcile within 15 days of the date of the letter of formal notice or if the letter of formal notice fails, the most expedient of the parties shall notify the other party in writing, prior to any referral to a competent court, of the end of the conciliation period.
Article 10: Applicable Law & Competent Jurisdiction
These general terms and conditions of sale are subject to the application of French law. In the absence of conciliation, it is expressly agreed that any dispute concerning the interpretation, performance or breach of the contract shall be the exclusive jurisdiction of the Bobigny Court, even in the case of a guarantee appeal or of several defenders.
Annex I - Legal safeguards provisions:
Consumer Code Article L211-4
The seller is required to deliver goods that comply with the contract and is liable for defects that exist during the issue. It also responds to defects in conformity resulting from packaging, assembly instructions or installation when the packaging has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code
To be in compliance with the contract, the property must: Be suitable for the usual use of similar property and, if applicable: correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model, to present the qualities which a buyer may legitimately expect in the light of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling, or to present the characteristics defined by mutual agreement by the parties or to be suitable for any special use sought by the buyer, made known to the seller; and that the latter has accepted.
Consumer Code Article L211-12
The action resulting from non-compliance is prescribed by two years from the issue of the property.
Consumer Code Article L211-16
When the purchaser requests the seller, during the course of the commercial guarantee given to him in the acquisition or repair of a movable property, a reclamation covered by the guarantee, any period of immobilization of at least seven days shall be added to the period of the guarantee remaining. This period shall run from the buyer's request for intervention or the making available for repair of the property in question, if such provision is later than the intervention request.
Article 1641 of the Civil Code
The seller is bound by the warranty because of the hidden defects of the item sold that make it unfit for the intended use, or so diminish the intended use, that the buyer would not have acquired it, or would have given a lower price, had it known it.
Article 1648, paragraph 1, of the Civil Code
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.
Information on online dispute resolution under s. 14 para. 1 of the LPR (Online Dispute Settlement)
The European Commission allows consumers to resolve online disputes on one of its platforms, according to Art. 14 para. 1 of the LL. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm？event=main.home.show&lng=FR) acts as a site where consumers can try to resolve disputes arising out of online purchases of goods or services out of court.