These general terms and conditions of sale apply only to the online sale of products on the website and apply from 1 January 2019.
These general terms and conditions of sale apply to all sales made via the website: http://exsens.fr/ (hereinafter referred to as ‘the website’), in particular cosmetics and medical devices (hereinafter referred to as ‘the products’) of the Exsens brand owned by Neo Cosmetique.
For the purposes of the application of these general terms and conditions of sale, it is agreed that the Internet user of the website (hereinafter referred to as ‘the Internet user’) and Neo Cosmetique will be collectively referred to as ‘the parties’ and that the Internet user who has validated an order will subsequently be referred to as ‘the buyer’. The rights and obligations of the Internet user necessarily apply to the buyer.
The Internet user who wishes to buy on the website declares that he has full legal capacity.
It is specified that the products are intended for the buyer’s personal use, without any direct connection with the buyer’s professional activity, the buyer’s attention being drawn to the fact that the amount of his order cannot exceed the sum of one thousand euro (€1,000). The products are offered for sale in metropolitan France (excluding Corsica) and Monaco, which means that no product can be delivered outside these territories.
The purpose of these general terms and conditions of sale is to define the terms and conditions under which the parties conclude a contract for the sale of products via the website.
Consequently, any order of one or more products through the website implies an unreserved acceptance by the buyer of these general conditions of sale, which prevail over any other document unless specific conditions are expressly agreed to in writing by Neo Cosmetique.
The buyer acknowledges that he has read the general terms and conditions of sale before ordering.
Neo Cosmetique reserves the right to modify these general terms and conditions of sale at any time.
In such situation, the applicable conditions will be those in force on the date of the order by the buyer.
The buyer may save these general terms and conditions at any time by printing or saving them on any electronic medium.
The products offered for sale by Neo Cosmetique are those listed on the website at http://exsens.fr/ on the day the buyer consults the website and within the limits of available stocks.
Neo Cosmetique reserves the right to modify at any time the list and ranges of products available for sale on the website.
The photographs illustrating the Exsens products are not contractual.
In accordance with Art. L.111-1 of the Consumer Code, the buyer may, prior to placing an order, directly consult on the website the essential characteristics of the product or products he wishes to order. In addition, a ‘Consumer Service’ is available if the buyer wishes to obtain competent advice on the products, (to contact the consumer service, see Article 6.2)
2.2 Prices – Delivery costs
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 the contribution to the costs of processing and sending the order, amounting to €5.00 including VAT per order, which is invoiced in addition to the price of the products purchased.
This fixed amount of the delivery cost will be applied and indicated before the final validation of the order by the buyer.
For any buyer’s order that is equal to or greater than €40, no contribution to the above-mentioned processing and delivery costs will be applied to the buyer.
The products remain the property of Neo Cosmetique until full payment of the price.
Any promotional offers are valid as long as they feature on the website.
Neo Cosmetique reserves the right to modify its prices at any time, which the user accepts, but the products will be invoiced on the basis of the prices in force at the time the order is placed, subject to the availability of the said products.
Article 3.1: Product availability
When ordering, the Internet user is informed of the availability of products on the website by the following information:
The user can add the product to his basket -> the product is available
The user cannot add the product to his basket -> the statement ‘Available soon’ is visible on the website if the product is temporarily out of stock
The user cannot add the product to his basket -> no statement appears, the product is not or is no longer available for sale
The products are offered within the limits of available stocks. In the event of unavailability of the product after the validation of the order, the buyer will be informed as soon as possible by email.
In the event of a stock shortage for a short period, we reserve the right to postpone your delivery by a few days to give us time to replenish the product.
In the event of payment for products that are definitively sold out and the cancellation of the order, the sums paid will be refunded.
Article 3.2: Ordering products
In order to buy the products, the buyer should connect to the website then select the products by clicking on the box ‘Add to cart’.
The buyer can at any time obtain a summary of the products he has selected for his order by clicking on ‘My basket’. He will be able to continue his selection of products by clicking on the ‘Continue shopping’ icon.
The order will only be final and, therefore, the user will become a buyer only by accepting the general terms and conditions of sale and then by clicking on ‘Validate and pay for my order’.
The buyer must fill in the information identifying him: his title, name, first name, email address, password and addresses for delivery and invoicing either by creating his account or without creating an account by correctly filling in the form provided, in which he will provide all the information necessary for his identification.
The buyer accepts that any entry of his identifier is proof of his identity.
An online order of products leads to:
First: the sending by Neo Cosmetique of an email summarising and confirming the order
Secondly: the sending by Neo Cosmetique of an email confirming the sending of the order
Thirdly: the delivery of the products by carrier to the address indicated by the buyer when placing his order for the products.
An order is deemed to have been placed on the website and the Internet user’s offer to contract is binding when the latter has accepted the general terms and conditions of sale and has validated his payment, the ‘click’ and the acceptance of the general terms and conditions of sale (checkbox) constituting an irrevocable and unreserved acceptance of the order by the buyer.
The data recorded by Neo Cosmetique and the secure payment service provider constitute proof of the nature, contents and date of the order.
The sale will only be concluded after Neo Cosmetique has sent the buyer the confirmation of the order and received the full price. Neo Cosmetique recommends that the buyer keep the information contained in the order confirmation sent by Neo Cosmetique in a paper or electronic document.
Notwithstanding the above, Neo Cosmetique reserves the right to cancel any order from a buyer with whom there is a previous payment dispute or for any other legitimate reason, having regard, in particular, to the abnormal nature of the order. Any fraudulent or presumed fraudulent order will be considered by Neo Cosmetique as null and void.
Payment of orders must be made by credit card (credit card, Visa).
In the event of the purchase of one or more products on the website, the buyer indicates, 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 Cosmetique reserves the right to suspend the processing of any order and delivery in the event of non-payment.
Neo Cosmetique reserves the right to refuse or honour an order from a buyer who has not paid for all or part of a previous order or with whom there is an outstanding payment dispute.
Neo Cosmetique cannot not be held liable for any misuse or fraudulent use of any means of payment that has not been detected by the verification procedure.
The buyer guarantees Neo Cosmetique that he has the necessary authorizations to use the payment method he has chosen for his order.
Any fraudulent use of the credit card will not give rise to any refund by Neo Cosmetique. The product or products remain the property of Neo Cosmetique until an order for the product or products have been fully paid for.
Article 4.1: Securing payments
Purchases made by the buyer are secured and made via Prestashop.
The payment of the order is made online via Prestashop’s secure payment platform by credit card (credit card, Visa).
Transactions carried out on the website are secure.
All information exchanged in processing the payment is encrypted using SSL protocol. The purchases made by the Purchaser are also secured by the so-called ‘3-D Secure’ system: a secure Internet payment protocol. It allows traders to limit the risk of Internet fraud related to attempts at identity theft. It consists of ensuring that the card is used by its real holder for each online payment.
Neo Cosmetique cannot be held liable for the non-execution of the order in the event of stock shortages or unavailability of products due to a force majeure event as defined by French case law and courts.
Specifically, Neo Cosmetique cannot be held liable if the products have not been properly selected or used. Any defect or defective workmanship acknowledged after examination by the parties only obliges Neo Cosmetique to replace, free-of-charge, or refund the products acknowledged to be defective.
Similarly, Neo Cosmetique cannot be held liable under the obligations in these general terms and conditions of sale in the event of damage resulting from use of the Internet network, such as viruses, intrusion, loss of data or interruption of Internet service.
The information collected by Neo Cosmetique during any order by the buyer is necessary for the processing of orders by Neo Cosmetique and its business partners. Such information is strictly confidential. A lack of information implies the automatic rejection of the order.
In accordance with data protection Law No. 78-17 of 6 January 1978, the buyer has the right to access, rectify, delete and oppose his personal data. The buyer can exercise such right by writing to Neo Cosmetique, Communications Department, 15 Rue Montjoie, F-93212 Saint Denis, stating his first name, surname and address as well as the purpose of the request.
In the event of a dispute between Neo Cosmetique and the buyer, the most diligent party must, prior to any referral to a court, send a default notice containing the complaints alleged against the other party.
If an attempt at conciliation cannot be implemented within 15 days of the date of the default notice or if it fails, the most diligent party must give notice of the end of the conciliation period to the other party in writing prior to the commencement of any court proceedings.
Article L.211-4 of the Consumer Code
The seller is required to deliver the goods in conformity with the contract and is liable for any lack of conformity that exists at the time of the delivery. He is also liable for any defects in conformity resulting from packaging, assembly or installation instructions where the latter are his responsibility under the contract or have been implemented under his responsibility.
Article L.211-5 of the Consumer Code
In order to be in conformity with the contract, the goods must:
Be suitable for the use usually expected of a similar goods and, if applicable:
correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model,
have the qualities that a buyer can legitimately expect in view of public statements made by the seller, producer or his representative, in particular in advertising or labelling
or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer that has been brought to the attention of the seller and accepted by the latter.
Article L.211-12 of the Consumer Code
Proceedings resulting from the lack of conformity are time-barred two years after the date of delivery of the goods.
Article L.211-16 of the Consumer Code
Where, during the application of the commercial warranty granted to him when acquiring or repairing movable goods, the buyer requests repairs from the seller that are covered by the warranty, any period of immobilisation of a minimum of seven days are added to the period of warranty that remains outstanding. Such period runs from the date of the buyer’s request for repairs or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for repairs.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the goods sold that make it unfit for the use for which it is intended or that reduce such use so much that the buyer would not have acquired it or would only have paid a lower price if he had been aware of them.
Article 1648, paragraph 1, of the Civil Code
Proceedings resulting from fundamental defects must be brought by the buyer within two years of the discovery of the defect.