ARTICLE 1: DEFINITIONS
Customer: designates any natural person purchasing a product on the site.
Party(ies): in the singular, refers to DERMINA or the Customer; in the plural, refers to DERMINA and the Customer.
Product(s) : shall designate all Products offered for sale on the Site
Website: website published by OVH and accessible online at www.dermina.com.
ARTICLE 2: PURPOSE
The purpose of this Site is to offer Beauty Products for sale at a distance.
ARTICLE 3: CONDITIONS FOR ACCESS TO THE SITE AND IDENTIFICATION
A registration form is available on our platform so that the Client can create his account. The Client will be asked to create a password so that an account can be created. This account allows access to the history of orders as well as the recording of data (surname, first name, postal address for delivery and invoicing, email address, telephone number). The confidentiality of identifiers and passwords, which are strictly personal, is the responsibility of the Customer. Consequently, any connection is assumed to be made by the Customer or with his agreement in the case of a purchase made by a third party. In the event of fraudulent use of your account, we cannot be held responsible.
ARTICLE 4: SPECIFIC PROVISIONS FOR THE SALE OF PRODUCTS ON THE SITE
- Product Information and Product Availability:
Before purchasing online, the Customer may inquire about the characteristics of the Product he wishes to order. We endeavour to detail our products as fully as possible. For any additional information, the Customer may contact us at the following address: email@example.com.
At the time of ordering, if one of the Products is no longer available, the order will be sent without the said Product. The Customer will be informed promptly and will be reimbursed for the said Product.
- Ordering products:
The Customer must fill in his login and password or create his account to be able to place an order for Products. The Customer is informed that the products offered for sale on the site are subject to stocks available at the time of the order.
- Price :
All our prices are in euros and are inclusive of all taxes, i.e. including the French VAT applied on the day of the order. We reserve the right to modify our prices at any time. However, the prices applied for the order will be those in force at the time the order is recorded. Internationally, import or customs charges may be added and are payable by the Customer. The Customer is obliged to inform himself about these additional costs.
- Payment :
Payments are made online using a secure online payment system. All orders placed on the Site must be paid for at the time of ordering. The execution of the order only takes place after the Customer has paid in full for the amount of his order. In order to pay for his order, the Customer has the following means of payment at his disposal:
>Bank Cards: Visa, Mastercard, Visa Electron.
- Payment security :
> Payment system
The Site uses the Payplug banking payment solution which uses the most recent and reliable security systems, including PCI DSS certification. Payplug encrypts this data using the SSL protocol in order to guarantee the security of this data.
The execution of the order will be carried out after agreement from the bank payment centre. In the event of the latter's agreement, the account will be immediately debited and the order validated. In case of refusal, the order will be cancelled.
The Seller reserves the right to cancel any order due to a payment incident.
- Legal guarantees
We are obliged to deliver Products to you in conformity with the contract and in compliance with the regulations in force at the time of receipt of the Products.
Article L. 217-5 of the French Consumer Code:
The goods are in conformity with the contract:
1 / If it is fit 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 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, having regard to public statements made by the Seller, the producer or his representative, particularly in advertising or labelling;
2 / Or if it presents the characteristics defined by mutual agreement between the Parties or is suitable for any special use sought by the Buyer, brought to the knowledge of the Seller and accepted by the latter.
Article L. 217-12 of the Consumer Code :
The action resulting from the lack of conformity is time-barred after two (2) years from the delivery of the goods.
- Defects of the thing sold :
Article 1641 of the Civil Code:
The Seller is bound by the guarantee on account of the 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 only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the Buyer within two (2) years from the discovery of the defect.
ARTICLE 5 : DELIVERIES
Mode of delivery
The different delivery options are as follows:
For metropolitan France and Corsica :
- Colissimo 48h: six (6) euros, free of charge for purchases over thirty (30) euros.
For Europe (excluding mainland France and Corsica) :
- Colissimo international fifteen (15) euros, free for purchases over seventy-five (75) euros.
For countries outside Europe, except Asia :
- Colissimo international fifteen (15) euros outside Europe, free for purchases over one hundred (100) euros.
The order of Products will lead to the receipt of a confirmation email including a summary of the order. Then, the sending of an email confirming the sending of the order. Finally, delivery of the Products purchased to the address indicated by the Customer via the delivery method selected.
Orders placed before 12 noon will be sent the same day except for Saturdays, Sundays and public holidays, which will be sent the next working day.
Conditions of dispatch
We deliver anywhere in the world, except Asia: our delivery times range from 3 to 8 working days.
During the holiday season, these times may be extended but in any case will not exceed a period of 30 days.
The legal period for withdrawal is fourteen (14) days. The Customer may return Products that are unsuitable, without having to justify himself. This period takes effect from the date on which the Customer has received the Product. If this period ends on a Saturday, Sunday or public holiday, it is extended until the first following working day.
The right of withdrawal is exercised without penalty, it being specified that the costs of return are borne by the Customer.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal does not apply to the following orders:
◦ supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
◦ supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
- Terms and conditions
In order to retract, the Client must make a declaration by post to SAS INDERMA at 19 Bd Paul Vaillant Couturier 94200 Ivry sur Seine or by e-mail to firstname.lastname@example.org.
- Returns and Refunds
The Customer is obliged to return the DERMINA Products within fourteen (14) days following communication of his decision to withdraw to the following address: SAS INDERMA at 19 Bd Paul Vaillant Couturier 94200 Ivry sur Seine
The direct costs of returning the order shall be borne by the Customer.
In the event of depreciation of the Product, the Customer is held responsible. The Products must be returned in their original packaging.
Refunds will only be made once the Products have been received. The Customer will be refunded by crediting the bank account used for payment.
Limitation of Liability
We cannot be held liable for any damage resulting from the Customer's negligence in relation to sales on our Site. Our liability is up to the amount of the order. Concerning the Site, we are not responsible for problems arising from the Internet connection or computer hacking. Also, we are exempt from any liability in cases of force majeure as defined by the jurisprudence of the Court of Cassation.
ARTICLE 6 : ENTIRE CONTRACT
The order summary and these conditions of sale constitute the entire contract between the Parties.
ARTICLE 7 : DATA PROTECTION LAW
We commit ourselves to preserving the confidentiality of the information collected during the order process. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978 as amended and the General Regulations for Data Protection No. 2016/679 dated 27 April 2016, the Customer has a right of access, rectification, opposition, deletion subject to legitimate reasons, portability of data concerning him/her and a right to "digital death".
The Client may request the execution of these rights by contacting us by post to SAS INDERMA at 19 Bd Paul Vaillant Couturier 94200 Ivry sur Seine or by e-mail at the following address: email@example.com.
To find out more about our personal data protection policy, please consult the following document: Personal Data Protection Policy.
ARTICLE 8 : INTELLECTUAL PROPERTY
The DERMINA site is protected by intellectual property law. All components (logos, photographs, texts, articles, visuals, illustrations) appearing on it are the property of SAS INDERMA. Reproduction without our authorisation is prohibited.
ARTICLE 9 : DISPUTES
In the event of a dispute, without an amicable agreement being possible, the Customer has the possibility of requesting mediation. Please contact MEDICYS: 73, boulevard de Clichy 75009 Paris.
ARTICLE 10 : APPLICABLE LAW
These General Terms and Conditions of Sale and the sales made on the site are subject to the application of French law. In the event of a dispute, without possible mediation, the breach of contract will be subject to the jurisdiction of the French courts.