Terms of Sales
General conditions of use and sale
Version of 07/19/2024
PREAMBLE
These general conditions of use and sale (hereinafter the “CGUV”) govern any relationship between the SUPRACTIV site, accessible via the internet address www.supractiv.paris (hereinafter the “Site”) held by the company Dermway Paris, simplified joint stock company, with capital of 100,000 euros, whose head office is located at 34 avenue des Champs Elysées – 75008 Paris, registered in the Paris Trade and Companies Register under number 789 877 206 (hereinafter after the “Seller”) and any user of the Site (hereinafter the “User”).
The Site allows the Seller to offer cosmetic products for sale to Users browsing the Site (hereinafter the “Products”).
For the application of the General Terms and Conditions, it is agreed that the User and the Seller will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User having validated an order will then be referred to as the “Buyer”.
The rights and obligations of the User necessarily apply to the Buyer.
PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS
The General Terms and Conditions are enforceable against the User who acknowledges by validating their order that they have been aware of them and have accepted them without reservation. It is specified that the User can save or print the General Terms and Conditions, provided however that they are not modified.
The General Terms and Conditions may be supplemented by stipulations of special conditions of sale or purchase orders. By accepting the General Terms and Conditions, the Buyer expressly waives the right to take advantage of any possible general conditions of purchase.
The Seller reserves the right to modify these General Terms and Conditions at any time, without notice, it being understood that such modifications will not be applicable to reservations and orders previously accepted and confirmed by the Buyer.
The fact that the Seller does not take advantage of any of the General Terms and Conditions at a given time cannot be interpreted as a waiver of the right to subsequently take advantage of any of the said conditions.
The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the CGUV by the Seller cannot constitute a waiver on his part of the other clauses of the CGUV which continue to produce their effects.
ORDER
Orders can only be placed via the Site. Any order assumes acceptance without restriction or reservation of the General Terms and Conditions.
The Buyer accepts that the Site's order recording systems can serve as proof of the nature of the order and its date.
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 products and options selected. The User can view their basket and finalize their order by clicking on “Finalize my order”.
To place an order on the Site, after clicking on “Finalize my order”, the User accesses the “Information” page on which he must enter his name, first name, email, address, telephone number. By checking a box, the User has the option of accepting the saving of their contact details, in order to save time when placing their next order.
By clicking on “Continue to delivery”, the User validates the “Information” page and accesses the “Delivery” page on which he must indicate email and delivery address. Delivery costs are calculated and indicated on this same page.
By clicking on “Continue to payment”, the User validates the “Delivery” page, and accesses the “Payment” page on which he must check the summary of his order.
The User must provide their credit card information and indicate their billing address.
The Site explicitly stipulates that validation of the order constitutes knowledge and acceptance without restriction or reservation of the General Terms and Conditions.
To validate their order, the User must click on ''Validate my order''.
By clicking on “Validate my order”, the Buyer accepts this as well as the General Terms and Conditions.
After payment on the secure Stripe server, a confirmation receipt is displayed. He confirms to the Buyer the registration of his order. The Seller will send an order confirmation email to the Buyer when their 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 acknowledgment of receipt constitutes acceptance of the order and will validate the transaction subject to payment of the order.
Product offers and prices are valid as long as they are visible on the Site, while stocks last. Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders for 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 unavailability of one or more Products after placing the order, the Buyer will be notified by e-mail. The amount of the order will be recalculated and the new amount will be debited, less the missing Products. If his order is completely unavailable he will be notified by email and he will not be charged.
The Seller incurs no liability in the event of stock shortage or unavailability of 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 recorded.
Technical means of identifying and correcting errors
Payment and transmission of delivery details are managed by Stripe and Shopify respectively.
The Buyer is entirely responsible for the correct transmission of his delivery details. The Seller is exempt from any liability or damage linked to the incorrect entry of this information at the time of identification or payment.
THE LEGAL WARRANTIES
Legal guarantees
The Buyer benefits from the provisions of the legal guarantee of conformity and the legal guarantee against hidden defects. The Buyer must keep his or her purchase invoice to benefit from these legal guarantees. For any complaints, the Buyer may contact the Seller via the form on the “Contact” page of the Site.
Legal guarantee of conformity
The Seller will deliver to you a product that complies with the contract and is free from defects in conformity upon delivery of said product, in the sense that the product will be suitable for the use usually expected of a similar good and that it will present the characteristics presented when sales. The Seller is also liable for any lack of conformity resulting from the packaging.
This guarantee will only apply if the Buyer requests it within two years of delivery of the product. Defects in conformity which appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
The Buyer may choose between repair and replacement of the product unless one of these choices results in a manifestly disproportionate cost for the Seller. If repair or replacement of the product is impossible, the Buyer may have the price paid and return the product or keep the product and have part of the price refunded, unless the lack of conformity is minor. The return, replacement or reimbursement of the product will take place at no cost to the Buyer and does not preclude the possible allocation of damages in the event that the Buyer is entitled to it.
Legal warranty against hidden defects
The Seller will deliver a product free from hidden defects which would make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Buyer would not have acquired it, or would only have a lower price for it. , if he had known them.
In the event of a hidden defect, the Buyer will have the choice of returning the product and having the price and costs incurred by the sale refunded or keeping the product and having part of the price refunded. In all cases, it will be up to the Buyer to prove that he meets the conditions of the guarantee.
4.2 Responsibility
The Seller does everything possible to satisfy the User. The Seller is responsible for the proper execution of the General Terms and Conditions.
However, the Seller cannot be held responsible for non-performance of the contract in the event of a stock shortage or in the event of unavailability of the product 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 non-compliance of the product with foreign legislation in the event of delivery to a country other than France.
The Seller declines all responsibility:
- for any interruption of the site;
- for any occurrence of bugs;
- for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site;
- and more generally any direct or indirect damage, whatever the causes, origins, nature or consequences, including in particular loss of profits, customers, data or any other loss of intangible property that may occur due to the access of anyone to the Site or the impossibility of accessing it or the credit given to any information coming directly or indirectly from the latter.
Hypertext links may refer 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.
Furthermore, the Seller points out 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, in particular on the form of the “Contact” page, it is reminded that Users are prohibited from entering any offensive, discriminatory message or message that harms the image of a person, under penalty of incurring liability.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure and excluding maintenance interventions necessary for its proper functioning. These interruptions do not entitle you to any compensation. Incidents occurring on networks over which the Seller does not have control do not incur its liability (power outages, computer failure).
The Site has been developed 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 TIME, COSTS AND TERMS
Delivery terms
Products are only delivered to countries in the European Union.
The products will be delivered to the delivery address indicated by the Buyer, by the carrier chosen by the Seller.
The Seller is released from all liability 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 order on the Site.
In the event of a delay in delivery, the Seller will inform the Buyer by email as soon as possible and will propose a new planned delivery date.
If the ordered product is unavailable, the Seller will inform the Buyer as soon as possible. The Seller will offer a Product of equivalent quality or price to the Buyer, or cancel his order and refund it in full, with the Buyer's agreement.
Shipping cost
Delivery costs are free regardless of the destination in France and the European Union.
RESERVATION OF TITLE
The products ordered remain the property of the Seller until the latter has received the price in full. The Buyer undertakes, as long as ownership is not transferred to him, to take all necessary precautions for the proper conservation of the Products.
PRICE OF PRODUCTS ON 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 effect when the order is placed.
The prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by the Seller on its Site.
These prices include in particular the costs of processing the Buyer's order.
If the Buyer requests delivery outside French territory, his order may be subject to possible taxes and customs duties when it arrives at its destination.
Payment of these duties and taxes is the responsibility of the Buyer and he is invited to obtain information from the competent authorities in his country. The Buyer must also check the possibilities of importing or using the products he orders from the Seller in the country of destination.
Means of payment
The Buyer has the Stripe payment module as a completely secure payment method to pay for their purchases on the Site.
With Stripe, the Buyer's financial information is never communicated to the Seller. Indeed, Stripe encrypts and protects the Buyer's bank 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, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of payment incident. The Seller will inform the Buyer.
As part of the fight against Internet fraud, information relating to the order may be transmitted to any competent authority for verification.
Security
Payments via Stripe are subject to a security system with a protocol to encrypt bank card details. The User can refer to the conditions of use of the Stripe site for more information.
SATISFIED OR REFUNDED: TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal and time limit
The Buyer has a legal right of withdrawal which he can exercise under the conditions provided for by Article L. 221-18 of the Consumer Code, if he meets the conditions set out in these provisions, without having to justify reasons and without having to pay penalties.
The general return policy (for refund or exchange request) of the Seller, 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 provide reasons and without having to pay a penalty. After this period, the User will no longer be able to exercise their right of withdrawal.
Conditions for exercising the right of withdrawal
The Buyer has the possibility to complete and send his withdrawal request online on the Site in the form on the “Contact” page of the Site. The Buyer will quickly receive confirmation of his withdrawal by email.
Consequence of the right of withdrawal
As part of the exercise of the right of withdrawal or in the event of non-conformity of the Product, the User may return the product(s) purchased by requesting an exchange or refund under the conditions described to the article below.
RETURN, EXCHANGE AND REFUND TERMS
Return procedure
Rest assured, if all or part of the order does not suit you, you have a withdrawal period of 14 days following receipt of the products.
Each returned product must be in its packaging, in new condition and therefore never used.
Before returning your purchase, please send us a request via our contact form with your order number, in order to obtain a return form to complete.
Once the returns form is completed, please place it in your return package.
Send the package to the following address:
Dermway Paris / Supractiv
10 Bapst Street
92600 Asnières sur Seine, France
We recommend that you insure your package and opt for shipping with tracking and delivery against signature. Dermway Paris declines all responsibility in the event of loss of your package.
THE returns without a form will not be taken into account.
Return shipping costs remain your responsibility.
Refund
Your refund request will be processed as soon as possible.
Upon receipt of the package, we will send you an e-mail notifying you of the status of your request.
The refund will be made on average within 10 working days from receipt of the package.
Reimbursement is made via the payment method used for the purchase.
We do not reimburse shipping costs related to the return of your products.
We do not refund purchases made at other retailers. Only products ordered on our site will be refunded.
PERSONAL DATA
As part of an order for product(s), the Seller aims to collect personal data from the User, in order to enable the order to be completed.
The Seller undertakes to protect the User's personal data.
The Seller does not communicate or trade in the User's personal data.
At the order stage on the Site, the User expressly consents to the collection and processing of his personal data necessary to place orders.
The purpose of the personal data collected by the Seller is to enable the order to be completed. The various personal data for the purpose of the production will not be kept for longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
By finalizing their order, the User can choose to be informed, by email, of news and offers exclusive to the Site. You can, at any time, unsubscribe by clicking on the link provided for this purpose on each of the emails received.
In accordance with the Data Protection Act of January 6, 1978 as amended and the General Data Protection Regulation n°2016/679 dated April 27, 2016 (GDPR), the User of the Site has the right to access, rectification, opposition and deletion subject to legitimate reasons, portability of data concerning them from May 25, 2018. To exercise these rights, the User simply needs to make a request via the form on the “Contact” page of the Site. This request must be accompanied by proof of identity.
For the purposes of applying this clause and, To ensure the confidentiality of User data, the Site has designated, in accordance with the provisions of the general data protection regulations (GDPR), a data protection delegate. data, in the person of the General Director of the Dermway Paris Company), who can be contacted via the form on the “Contact” page of the Site.
In any case, any User has the right to make any complaint to the CNIL.
LEGISLATION APPLICATION / COMPETENT JURISDICTION
The General Terms and Conditions and sales of Products by the Seller on the Site are subject to French law.
In the event of a dispute which cannot be resolved amicably in substance or form, the French courts will have sole jurisdiction.
Dispute Resolution
In accordance with Ordinance No. 2016-301 of March 14, 2016 and Decree No. 2016-884 of June 29, 2016, any consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute which contrasts it with a professional. To this end, the Seller guarantees the Buyer the effective use of a consumer mediation system.
Any so-called consumer dispute or dispute may be the subject of an amicable settlement by mediation with the CMAP – Paris Mediation and Arbitration Center.
A dispute cannot be examined by the consumer mediator when:
1° The Buyer does not justify having attempted, beforehand, to resolve his dispute directly with the Seller by a written complaint according to the terms provided, where applicable, in the contract;
2° The request is manifestly unfounded or abusive;
3° The dispute has previously been examined or is currently being examined by another mediator or by a court;
4° The Buyer submitted his request to the mediator within a period of more than one year from his written complaint to the Seller;
5° The dispute does not fall within its field of jurisdiction.
To submit your dispute to the mediator, you can (i) complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send your request by simple or registered mail to CMAP Médiation Consommation , 39 avenue Franklin D. Roosevelt, 75008 - Paris, or (iii) send an email to consommateurs@cmap.fr. Regardless of the method used to enter the CMAP, your request must contain the following elements to be processed quickly:
Your postal, email and telephone contact details as well as the full name and address of the Seller, a brief statement of the facts, and proof of prior steps taken 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 monitor the execution of an order, to exercise your right of withdrawal or to invoke the guarantee.
We provide you with a form on the “Contact” page of 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, brands, designs, models, photographs, texts, illustrations, logos, animated sequences 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 purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is 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. purpose whatsoever without prior written authorization from 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 goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5
The property is in accordance with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations 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.
Article L217-6
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7
Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8
The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.
Article L217-9
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 results in a cost that is manifestly disproportionate with regard 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
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor.
Article L217-11
The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer.
These same provisions do not prevent the award of damages.
Article L217-12
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.
Article L217-14
Recursive action may be taken by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to 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 guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1643
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price returned, as will be arbitrated by experts. .
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer.
Article 1646
If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.
Article 1647
If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by legal authority.
