General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF USE AND SALE
Version of November 26, 2018
PREAMBLE
These general conditions of use and sale (hereinafter referred to as the "CGUV") govern any relationship between the Orkydis site, accessible via the Internet address www.orkydis. myshopify.com (hereinafter referred to as the "Site") held by Dermway Paris, a simplified joint stock company with a capital of 100.000 euros, whose registered office is located at 34 avenue des Champs Elysées - 75008 Paris, registered with the Paris Trade and Companies Register under number 789 877 206 (hereinafter the "Seller") and any user of the Site (hereinafter the "User").
The Site allows the Seller to offer cosmetic products as well as food supplements for sale to Users browsing the Site (hereinafter the "Products").
For the purposes of the T&Cs, it is agreed that the User and Seller shall be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order shall then be referred to as the "Purchaser".
The User's rights and obligations necessarily apply to the Buyer.
PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The T&Cs are enforceable against the User who acknowledges, by ticking a box provided for this purpose, that he/she has read and accepted them before placing an order. It is specified that the User may save or print the CGUV, provided however that they are not modified.
The GCUV may be supplemented by provisions in the special conditions of sale or purchase orders. By accepting the GCUV, the Purchaser expressly waives any possible general terms and conditions of purchase.
The Seller reserves the right to modify these T&CUV at any time, without notice, it being understood that such modifications shall not apply to reservations and orders previously accepted and confirmed by the Buyer.
The fact that the Seller does not at any given time invoke any of the GCUV shall not be construed as a waiver of any of the said conditions at a later date.
The nullity of a contractual clause does not entail the nullity of the GCUV. The temporary or permanent inapplication of one or more clauses of the GCUV by the Seller shall not constitute a waiver by the Seller of the other clauses of the GCUV which continue to have effect.
ORDER
Orders can only be placed via the Site. Any order implies unrestricted and unreserved acceptance of the CGUV.
The Purchaser accepts that the Site's order recording systems may serve as proof of the nature of the order and its date.
The amount of each order is limited to the sum of two thousand (2000) Euros per order. In addition, the same reference of a Product cannot be ordered for a quantité́ of more than ten (10) items per order.
The User makes his selection by browsing the pages of the Site. His selections are added to his basket when he clicks on''Add to basket''. Each time the User clicks on "Add to Cart" a confirmation screen appears which summarizes all the selected products and options. The User has the possibility to see his basket and finalize his order by clicking on "Finalize my order".
To place an order on the Site, the User has the possibility to create an account, in order to save time during his next order, by entering his name, first name, date of birth, email, create a password, indicate his address, and telephone or to order as a guest.
On the delivery page, the User will be able to choose his delivery address, his billing address and his carrier.
The User has the possibility to choose as delivery method: Colissimo Domicile - Without signature; Colissimo Domicile - With Signature; Colissimo - At the Post Office and Colissimo - In PickUp relay or in PickUp Station deposit.
When the User validates his delivery method, he accesses the "Payment Method" page, and a confirmation screen appears. The User must then check in this order form the summary of his order.
If the User does not have to modify the form, he must then read the T&CUV. If the User accepts them, he must tick the box "I have read the General Conditions of Use and Sale and agree to them without reservation".
To validate his order, the User must click on''Validate my order''.
After payment on the secure Stripe server (see''Terms of payment''), an acknowledgement of confirmation is displayed. He confirms to the Purchaser the recording of his order. The Seller will send an order confirmation email to the Buyer when his order is received in the Seller's systems.
This confirmation email will specify the exact amount invoiced and the delivery terms of the order.
This acknowledgement of receipt implies acceptance of the order and will validate the transaction subject to payment of the order.
Product and price offers are valid as long as they are visible on the Site, within the limits of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Buyers. The Seller reserves the right to refuse an order in the event of insufficient stock.
In the event of indisponibilité́ of one or more Products after placing the order, the Purchaser will be notified by e-mail. The amount of his order will be recalculated and it will be debited with the new amount, less the missing Products. If his order is completely unavailable he will be notified by email and he will not be debited.
The Seller shall not be liable in the event of a stock shortage or unavailability of the Products for orders not yet accepted by the Seller.
The Seller reserves the right to suspend or cancel any order from a Buyer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order. The Seller will inform the Buyer and the payment will not be enregistré́.
When the order is confirmed, by proceeding to the payment of the order, the Purchaser declares to accept it as well as the CGUV.
Technical means of identifying and correcting errors
Payment and transmission of delivery details are managed by Stripe and Prestashop respectively.
The Purchaser is fully responsible for the proper transmission of his delivery details. The Seller waives any liability or prejudice related to the incorrect entry of this information at the time of identification or payment.
LEGAL GUARANTEES
Legal guarantees
The Purchaser benefits from the provisions of the legal guarantee of conformity and the legal guarantee of hidden defects.
The Purchaser must keep his purchase invoice in order to benefit from these legal guarantees.
For any complaint, the Buyer may contact the Seller at the following address: contact@gold48k. com
Legal guarantee of conformity
The Seller will deliver to you a product that conforms to the contract and is free from defects in conformity upon delivery of the said product, in the sense that the product will be fit for the use usually expected of a similar product and that it will have the characteristics presented at the time of sale. The Seller is also liable for defects in conformity resulting from packaging.
This guarantee will only be effective if the Purchaser requests it within two years of delivery of the product. Defects of conformity that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
The Buyer may choose between repairing or replacing the product unless one of these choices results in a manifestly disproportionate cost to the Seller. If repair or replacement of the product is not possible, the Purchaser may return the price paid and return the product or keep the product and be refunded part of the price, unless the lack of conformity is minor. The return, replacement or refund of the product shall be made at no cost to the Purchaser and shall not prevent the possible award of damages in the event that the Purchaser is entitled to them.
Legal guarantee for hidden defects
The Seller shall deliver a product free of hidden defects that would make it unfit for its intended use, or that reduce such use to such an extent that the Buyer would not have acquired it, or would only have a lower price, if he had known them.
In the event of a hidden defect, the Purchaser shall have the choice of returning the product and being refunded the price and costs incurred by the sale or keeping the product and being refunded part of the price. In any case, it will be up to the Purchaser to prove that he meets the conditions of the warranty.
Responsibility
The Seller shall do everything possible to satisfy the User. The Seller is responsible for the proper execution of the T&Cs.
Nevertheless, the Seller may not be held liable for the non-performance of the contract in the event of a stock shortage or in the event of the product being out of stock due to a fortuitous event, a case of force majeure, an unforeseeable and insurmountable event of a third party to the contract or due to the product's non-compliance with foreign legislation in the event of delivery to a country other than France.
The Seller declines all responsabilité́:
- for any interruption of the site;
- for any occurrence of bugs;
- for any damage resulting from fraudulent intrusion by a third party having entrainé́ a modification of the information made available on the Site;
- and more generally any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular loss of profits, customers, data or any other loss of intangible property that may occur as a result of anyone's access to the Site or impossibilité́ to access it or the credit given to any information directly or indirectly from it.
Hypertext links may lead to other sites. The Seller cannot be held responsible in the event that the content of these sites contravenes the legal and regulatory provisions in force.
In addition, the Seller reminds that any creation of a hypertext link to the home page of the Site or any other page of the Site is subject to the prior and express agreement of the Seller.
With regard to the free text area, particularly on the Contact form, it is rappelé́ that Users are prohibited from entering any offensive, discriminatory message that damages a person's image, under penalty of committing their responsabilité́.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure and outside the maintenance interventions necessary for its proper functioning. These interruptions do not give rise to any right to compensation. Incidents occurring on networks beyond the Seller's control do not engage his responsabilité́ (électricité́ outages, computer failure).
The Site has été́ développé́ to be compatible with Internet Explorer, Chrome, Safari, Firefox browsers and to be optimally visible on all media (mobiles, tablets and computers). The Seller declines all responsibility if the consultation is not optimal if the User does not respect these technical data.
DELIVERY TIMES, COSTS AND TERMS OF DELIVERY
Delivery terms and conditions
The products will be delivered to the delivery address indicated by the Purchaser, by the carrier chosen at the time of ordering.
The Seller is dégagé́ from any responsabilité́ if delivery is not possible or is delayed due to inaccuracy in the contact details provided by the Buyer when ordering.
Delivery time
Delivery will be made as soon as possible (average time of 2 to 5 days) from the date of order on the Site.
In the event of a delay in delivery, the Seller shall inform the Buyer by e-mail as soon as possible and shall propose a new envisaged delivery date.
In the event of unavailability of the ordered product, the Seller will inform the Buyer as soon as possible. The Seller shall offer a Product of equivalent quality or price to the Buyer, or to cancel his order and refund it in full, with the Buyer's agreement.
Shipping costs
Shipping costs are offered regardless of the destination in France and the European Union.
RESERVATION OF OWNERSHIP
The ordered products remain the property of the Seller until the price has been fully collected by the latter. The Purchaser undertakes, as long as ownership is not transferred to him, to take all necessary precautions to ensure the proper preservation of the Products.
PRICE OF PRODUCTS FOR SALE ON THE SITE
The prices appearing on the Site are indicated in Euros all taxes included and are subject to variation during the year, it being understood that the products ordered are invoiced at the prices in force at the time the order is placed.
Prices include value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be répercuté́ on the price of the products sold by the Seller on its Site.
These prices include in particular the costs of processing the Purchaser's order.
If the Purchaser requests delivery outside French territory, his order may be subject to possible taxes and customs duties when it arrives at its destination.
The payment of these duties and taxes is the responsibility of the Purchaser and he is invited to contact the competent authorities of his country. The Buyer must also check the possibilities of importing or using the products it orders from the Seller in the destination country.
Payment methods
The Purchaser has the Stripe payment module as a fully secure payment method to pay for purchases on the Site.
With Stripe, the Buyer's financial information is never communicated to the Seller. Indeed, Stripe encrypts and protects the Purchaser's credit card number.
The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method he has chosen, when registering the order form.
The Seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the Buyer or in the event of a payment incident. The Seller shall inform the Buyer thereof.
In the context of the fight against Internet fraud, information relating to the order may be transmitted to any competent autorité́ for verification.
Safety and security
Payments via Stripe are subject to d´un security system with a protocol to encrypt credit card details. The User may refer to the terms of use of the Stripe website for more information.
SATISFIED OR REFUNDED: PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL
Right and withdrawal period
The Purchaser has a legal right of withdrawal which he may exercise under the conditions provided for in Article L. 221-18 of the Consumer Code, if he fulfils the conditions laid down by these provisions, without having to justify his reasons and without having to pay any penalties.
The Seller's general return policy (for refund or exchange requests), in accordance with the legislation, allows the Buyer to withdraw within fourteen (14) days from the date of delivery of the Products, without having to justify any reasons and without having to pay any penalty. After this period, the User will no longer be able to exercise his right of withdrawal.
Procedures for exercising the right of withdrawal
The Purchaser has the possibility to complete and send his request for withdrawal online on the Site in the "Contact" section. The Buyer will promptly receive a confirmation of his withdrawal by email.
The User may also, before the expiry of the fourteen (14) day withdrawal period mentioned above, send any other unambiguous statement expressing his willingness to withdraw by post or email:
- Dermway Paris / Gold 48K34
avenue des Champs-Elysées75008
Paris - [email protected]
Consequence of the right of withdrawal
As part of the exercise of the right of withdrawal or in the event of non-compliance of the Product, the User may return the purchased product(s) by requesting an exchange or refund under the conditions described in Article 10 below.
RETURN, EXCHANGE AND REFUND PROCEDURES
Free return procedure
As part of the exercise of the right of withdrawal, the Products must be returned in their original condition and packaging (the case still in cellophane, all the elements present at the time of shipment and if possible the shipping carton).
The return of a Product, in the event of an exchange or refund request, is free of charge. To do this, these returns must be made by the Postal Services only, returns in Relais Colis are impossible. The Purchaser must return his package within 14 days of his request for retraction
It is conseillé́ to the Purchaser to follow the following instructions in order to facilitate the processing of said return:
- Use the original packaging to return the product;
- Attach a copy of the email sent to you by the Seller following your declaration of withdrawal;
- Send the package to the following address:
Dermway Paris / Gold48K
10 Bapst Street
92600 Asnières sur Seine
Any risk related to the return of the product is the responsibility of the Purchaser.
Exchange
In case of an exchange request, please specify the Product(s) you wish to receive in exchange for your order.
If the amount of the Product(s) chosen as a replacement has a value greater than the amount of the returned Product(s), you must pay the difference in price in accordance with the T&Cs.
If the amount of the Product(s) chosen as a replacement has a value lower than the amount of the returned Product(s), the difference in price will be refunded to you by the Seller.
In the event of an exchange, the transport costs of the first delivery are refunded, but the transport costs of the second shipment are invoiced according to the chosen delivery method.
Reimbursement
The Buyer will receive his refund via the payment method used for the order, within fourteen (14) days following the receipt by the Seller of the returned package. The return costs incurred will be refunded to the Purchaser upon simple request from him/her as soon as the return is effectué́ by post as indicated above. If the Purchaser makes this return by any other means, the refund he receives will be limited to postal charges, the supplement related to the specific mode of transport remaining at his expense.
Under no circumstances will it be possible to assign you an electronic credit note that can be used on the Site.
PERSONAL DATA
As part of the Order, the Seller is required to collect personal data from the Buyer. The Seller undertakes to protect the Buyer's personal data.
The Seller does not communicate or trade the Buyer's personal data.
At the ordering stage on the Site, the Purchaser expressly consents to the collection and processing of his personal data necessary to place orders.
The personal data collected by the Seller are intended to enable the order to be processed. The various personal data will not be stored for longer than necessary for the purposes for which they were collected, including compliance with legal or tax obligations.
In accordance with the provisions of Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004, known as the "Data Protection Act", and the General Data Protection Regulation (RGPD), subject to proof of identity, any Purchaser, regardless of nationality, has the right to access, modify and delete his personal data. Each Purchaser is also entitled to request a limitation on the processing of his data and also has a right to the portability of the data as well as a right to object to the processing of his personal data.
For the purposes of applying this clause and, in particular, to ensure the confidential treatment of Buyers' data, the Seller has appointed, in accordance with the provisions of the General Data Protection Regulation (RGPD), a data protection delegate, in the person of Franck DALIGAND, who can be contacted at the following address: [email protected]
In any case, any Purchaser has the right to make any complaint to the CNIL.
APPLICABLE LEGISLATION / COMPETENT JURISDICTION
The T&Cs and sales of Products by the Seller on the Site are subject to French law.
In the event of a dispute that cannot be settled amicably on the merits or on the form, the French courts shall have sole jurisdiction.
Dispute resolution
In accordance with Ordinance No. 2016-301 of 14 March 2016 and Decree No. 2016-884 of 29 June 2016, every consumer has the right to have recourse free of charge to a consumer ombudsman with a view to amicably resolving the dispute between him and a professional. To this end, the Seller guarantees the Buyer the effective use of a consumer mediation system.
Any dispute or dispute known as a consumer dispute, can be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris.
A dispute cannot be examined by the Consumer Ombudsman when:
1° The Purchaser does not justify having previously attempted to resolve his dispute directly with the Seller by a written complaint in accordance with the terms and conditions provided, if any, in the contract;
2° The request is manifestly unfounded or abusive;
3° The dispute has previously been examined or is being examined by another mediator or by a court;
4° The Buyer has submitted his request to the mediator within a period of more than one year from the date of his written complaint to the Seller;
5° The dispute does not fall within its field of competence.
To submit your dispute to the mediator, you can (i) fill in the form on the CMAP website: www.cmap.fr tab "vous êtes: un consommateur" (ii) send your request by post or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 - Paris, or (iii) send an email to [email protected]. Whichever means you use to refer your case to CMAP, your request must contain the following elements in order to be processed promptly:
Your postal, email and telephone details as well as the full name and address of the Seller, a brief statement of the facts, and proof of prior contact with the Seller.
CONTACT US / AFTER-SALES SERVICE
If you wish to contact us, our customer service is at your disposal:
=> For information on our offers;
=> To follow the execution of an order, to exercise your right of withdrawal or to invoke the guarantee.
We provide you with a form on the Site.
INTELLECTUAL PROPERTY
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, trademarks, designs, models, photographs, texts, illustrations, logos, animated or not, sound or not, graphics, etc. found on this Site, as well as their compilation are the exclusive property of the Seller.
This company does not grant any license or any right other than that of consulting the Site, the reproduction, or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Neither the Site (in whole or in part), nor its content, nor the trademarks may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever without the prior written consent of the Seller.
Any other use constitutes counterfeiting.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L217-4
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5
The property is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has 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, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between 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 L217-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.
Article L217-7
Lack of conformity which becomes apparent within 24 months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For
second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8
The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials supplied by him.
Article L217-9
In the event of 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 clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-10-10
If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have part of the price returned. The
same faculty is open to him:
(1) If the solution requested, proposed or agreed upon pursuant to section L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-11
The application of the provisions of the articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not prevent the award of damages.
Article L217-12-12
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-13
The provisions of this section shall not deprive the buyer of the right to bring an action resulting from the prohibited defects as set out in the articles 1641 à 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized by law.
Article L217-14
The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the civil code.
Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1642
The seller is not liable for any apparent defects that the buyer may have convinced himself of.
Article 1643
He is liable for hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned to him, or of keeping the thing and having part of the price returned to him, as it will be arbitrated by experts.
Article 1645
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
Article 1646
If the seller is unaware of the defects of the thing, he will only be required to return the price and reimburse the buyer for the costs incurred by the sale.
Article 1647
If the thing that had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous articles.
But the loss that occurs as a result of a fortuitous event will be for the buyer's account.
Article 1648
The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by judicial authority.
