General Conditions of Sale of MySkinDayCare.com
GENERAL ON MYSKINDAYCARE.COM 3
1. CONCLUSION OF THE SALE CONTRACT BETWEEN THE PURCHASER AND THE SELLER 3
2. PRICE INFORMATION 3
3. DELIVERY METHOD AND SHIPPING COSTS 3
4. RECEIPT OF PRODUCTS BY THE CUSTOMER 4
MISSING ACCESSORIES 4
DAMAGED PRODUCTS 4
4.1 CONCERNING DEFECTIVE PRODUCTS: 4
4.2 CONCERNING DAMAGED PRODUCTS: 4
4.3 FOR NON-DESIRED PRODUCTS: 4
4.4 MISSING ACCESSORIES: 4
5. WITHDRAWAL 5
5.1 LEGAL PERIOD OF THE RIGHT OF WITHDRAWAL 5
5.2 CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL 5
5.3 RETURN ADDRESS 5
6. INTELLECTUAL PROPERTY 5
7. LIABILITY 6
8. REFUND 7
9. APPLICABLE LAW – DISPUTES 7
10. PERSONAL INFORMATION 7
Oweston Intercosmetic Italia LLC, whose registered office is located in Ukraine, Kyiv, 28bis rue Malinovskogo, 136, registered in the Ukrainian Trade and Companies Register under number 34760607, with share capital of 1,000 euros and having VAT number intra-community: 347606026547 (hereinafter, “myskindaycare.com”), makes available on its site: www.myskindaycare.com (hereinafter, the “Website”), an e-commerce site allowing individual buyers to enter, make purchases and create a personal account.
In order to purchase new Products (hereinafter, the “Products”) offered at a firm price (hereinafter, the “Site” or the “Service”).
GENERAL INFORMATION ON THE MYSKINDAY SITE
These general conditions of sale (hereinafter, the “GTC”) apply to all orders placed on www.myskindaycare.com. These GTC are supplemented by the General Conditions of Sale of the Seller (available in its catalog or by clicking on a link before any order confirmation).
Placing any order via www.myskindaycare.com is subject to full and unreserved acceptance of these GTC. This acceptance is materialized by a validation click during each order.
These GTC are those in force since October 1, 2016.
1. CONCLUSION OF THE SALE CONTRACT BETWEEN THE PURCHASER AND THE SELLER
The Products are presented on the Website with a description enabling the Buyer to know their essential characteristics, their price and the delivery time of the Product.
The Purchaser selects the Product (s) he wishes to buy, then confirms his choice of Product (s) by clicking “Buy” during the ordering process. By clicking on “Buy”, the Buyer indicates having read (i) the General Conditions of Sale of MySkinDay
After confirming the content of his order by a double click and accepting these GTC, the actual payment will definitively validate the order. Once the payment has been made, the Buyer will be informed by MySkinDay of the order which concerns him. The Seller undertakes to provide a response to this order and to dispatch the Product (s) within two (2) days of receipt of the order notification.
2. PRICE INFORMATION
Product offers are valid as long as they are visible on the Website. The prices of the Products indicated on the Product sheets of the Website are exclusive of delivery costs. Prices are set freely by the Seller. This price will be mentioned on the Website inclusive of VAT, including costs (packaging costs, eco-tax, etc.). The price does not include shipping costs, added later by the Seller.
In accordance with the regime applicable since January 1, 2015, the Seller will apply the VAT rate in force in the country of the European Union where the Buyer is established or at his domicile or habitual residence.
Payment for purchases made through the Service can be made using the payment methods indicated when confirming the order.
3. DELIVERY METHOD AND SHIPPING COSTS
The Seller may offer one or more delivery methods, directly to the address indicated or at a relay point. Likewise, it is up to the Seller to set its own delivery rates.
The details of the delivery methods will be included in the GTC
4. RECEIPT OF PRODUCTS BY THE CUSTOMER
The Purchaser will have the time periods indicated below, depending on the case, different situations following receipt of his order to notify MySkinDay of a problem during the receipt of his Products.
Upon receipt of the package by the Purchaser and in the event of the finding of certain missing accessories, the Purchaser contact MySkinDay customer service (“Customer Service”).
Upon receipt of the package by the Buyer and in the event of damage to the Products by transport, the Buyer contact Customer Service as detailed in the general conditions of use (“CGU”) intended for Buyers.
4.1 Regarding defective Products:
Within 14 days of delivery, the Seller always offers the choice of either exchanging or refunding.
As part of the warranty offered by the Seller, if there is a defect on the Product, and within seven (7) days of receipt of the goods, the Seller offers an exchange or a credit in the event that it does not can exchange.
For these conditions to apply, the defective Product must not have been further damaged by transport, accident, negligence, excessive use or normal wear and tear.
The Seller tests each returned Product, once received, they are inspected and tested in their test center. A replacement will take place if it finds a defect.
If no defect has been found, the Product will be returned to the Buyer carriage forward.
4.2 Concerning damaged Products:
If any Product has arrived damaged, the Purchaser contacts firstname.lastname@example.org within 14 days of delivery for a replacement. Unreported items damaged after this period cannot be subject to replacement.
4.3 For unwanted Products:
If the Products that the Seller has sent are not what the Buyer had ordered, or that quantities are missing, the Seller will not be liable unless the Buyer contacts email@example.com within seven ( 7) days after delivery to obtain the Seller’s return authorization.
4.4 Missing accessories:
Upon receipt of the package by the Purchaser and in the event of the finding of certain missing accessories, the Purchaser contact MySkinDay customer service (“Customer Service”).
In accordance with articles L. 221-18 et seq. Of the Consumer Code, the right of withdrawal is only offered to the Purchaser, who has acted privately, and who has placed the order from his Individual Buyer’s Account ( below, the “Individual Buyer”).
5.1 Legal deadline for the right of withdrawal
In accordance with the legal provisions in force, the Individual Buyer has a period of 14 days from receipt of the Products to exercise his right of withdrawal without having to justify reasons or pay a penalty. After communication of his decision to exercise his right of withdrawal within this period of 14 days, the Individual Buyer has another period of 14 days to return the Product or Products concerned by the withdrawal.
5.2 Conditions for exercising the right of withdrawal
In the event of exercise of the right of withdrawal within the period referred to in this article 5, only the price of the Product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Individual Buyer (cf. . Terms and Conditions for Buyers).
Returns must be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be re-marketed in new condition, and, if possible, accompanied by a copy of the purchase invoice for a optimized management. In case of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product, your responsibility may be engaged (cf. CGU intended for Buyers).
To exercise their right of withdrawal, in accordance with legal provisions, the Individual Purchaser will find attached in Annex 1 the standard withdrawal form to be sent to the following address: firstname.lastname@example.org. The Individual Buyer can exercise their right of withdrawal by any means to MySkinDay and in particular by postal mail or an email expressing their desire to retract without any ambiguity, and mentioning the order concerned by this withdrawal.
5.3 Return address
Each Buyer request will be made prior to MySkinDay by email: email@example.com with the precise explanation of the reason for the request, the request for treatment (exchange or refund) as well as the order number, Buyer or copy of the “Purchase Order”, the reference concerned as well as the delivery slip and the invoice from the Seller.
6. INTELLECTUAL PROPERTY
All the texts, comments, works, illustrations, works and images reproduced or represented on the MySkinDay sites are strictly reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the intellectual property code, only use for private use is authorized, subject to different, even more restrictive, provisions of the intellectual property code. Any reproduction or representation, in whole or in part, of MySkinDay sites or of all or part of the elements found on MySkinDay sites is strictly prohibited.
The corporate names, brands and distinctive signs reproduced on the MySkinDay sites are protected under trademark law. Reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark owner.
The Products offered comply with current French legislation and the standards applicable in France. MySkinDay cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a product being banned …). It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order.
Photos are for illustrative purposes. We invite you to refer to the description of each product to know its precise characteristics; and in case of doubt or if you wish additional information, please do not hesitate to contact us firstname.lastname@example.org.
MySkinDay is only responsible for the content of the pages it publishes.
MySkinDay will not incur any responsibility for any indirect damage consecutive or not because of the present, loss of exploitation, loss of profit, loss of chance, damage or costs, which could occur because of the purchase of the products. We remind you that it is prudent to save the data contained in the products purchased. MySkinDay can not be held liable for any loss of data, files or damage defined in the previous paragraph. The total or partial inability to use the products, in particular due to material incompatibility, cannot give rise to any compensation or reimbursement or questioning of the responsibility of MySkinDay. MySkinDay’s liability is limited for all causes, to a sum, which is capped at the amounts of the sums collected for the supply of the products.
Refunds of Products in the cases referred to herein will be made as soon as possible and at the latest within 30 days of the date on which the right was exercised.
Reimbursement will be made on proposal of MySkinDay by credit to the Buyer’s bank account or by bank check addressed to the name of the Buyer who placed the order and to the billing address, the Buyer being able to opt for another reimbursement method than that proposed. The advantages obtained during the purchase of the Product will be canceled in the event of return of the Product accompanied by a refund of the said Product.
9 APPLICABLE LAW – DISPUTES
These are subject to French law. The same applies to the version of these translated into English or any other language. In the event of a dispute with professionals and / or traders, the French courts will have sole jurisdiction.
In the context of a dispute concerning the interpretation of these terms, it is specified that the meaning which emerges from the French language version must prevail.
10 PERSONAL INFORMATION
The information and data concerning you are necessary for the management of your order and for our commercial relations. They can be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and as well as to allow us to improve and personalize the services we offer and the information we send to you. In accordance with the Data Protection Act of January 6, 1978 amended by Law 2016-1321 of October 7, 2016, this personal data is kept for a period which does not exceed the time necessary for the purposes for which it is collected and processed.
The Buyer or the Seller is informed of their rights to define directives relating to the fate of their personal data after their death.
In accordance with article L. 111-7 of the Consumer Code modified by Law 2016-1321 of October 7, 2016, a space is made available to the Seller allowing him to communicate to the Individual Buyer, the information provided for in Articles L. 221-5 and L. 221-6 of the Consumer Code.
Digital banners will indicate the existence of contractual relations between the Seller and MySkinDay. Contractual relationships likely to influence the promotion of this Seller’s products on the Website. This is done in full compliance with the requirements of consumer law.
In accordance with article L. 111-7-2 of the Consumer Code amended by Law 2016-1321 of October 7, 2016, the opinions posted online will be subject to control by a moderator appointed for this purpose.
The purpose of moderation is to ensure the compliance of the content collected with French law and the T & Cs and T & Cs, in order to publish, reject or delete this content. All content relating to notices intended for publication is subject to moderation. All reviews are subject to the same moderation process regardless of their content. The author of the opinion is systematically informed of the rejection of his opinion and the reason for the rejection.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access and rectify and oppose personal data concerning you. You just need to write to us online (MySkinDay Customer Service) email@example.com, indicating your name, first name, email address and if possible your customer reference. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response must be sent. A response will then be sent to you within two (2) months of receipt of the request.
Depending on your choices made when creating or consulting your account, you may receive offers from MySkinDay as indicated when creating your account. If you no longer wish to do so, you can request it at any time, specifying it in My account under “Personal information”.
The personal data collected is collected, recorded and stored in accordance with the provisions of Law 78-17 of January 6, 1978 as amended relating to data, files and freedoms in its version consolidated by Law 2016-1321 of October 7 2016.
MySkinDay subscribes to the professional code of the Federation of distance selling companies and undertakes to respect the charter of the profession. www.myskindaycare.com is a service of MySkinDay
Annex 1 – Cancellation form
Please complete and return this form as an attachment only if you wish to withdraw from your order placed on www.myskindaycare.com (products sold and shipped by MySkinDay) – except exclusions or limits to the exercise of the right of withdrawal following these General terms and conditions applicable.
To MySkinDay – Customer Service – email to firstname.lastname@example.org I hereby notify you of my withdrawal from the contract for the sale of the product below:
Ordered on _________________________________________________________________, and / or Received on __________________________________.
Order number: ____________________________________________________________.
Name of consumer (s): ________________________________________________________.
Address of consumer (s): _____________________________________________________.
Signature of the consumer (s) (only if this form is notified on paper):
Appendix 2 – Provisions of the Consumer Code and the Civil Code
Article L. 217-4 of the Consumer Code:
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. “
Article L. 217-5 of the Consumer Code:
“The goods comply with the contract:
1. If it is suitable for the use normally expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter 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, by the producer or by his representative, in particular in advertising or labeling;
2. Or if it has 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 L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. “
Article L. 217-16 of the Consumer Code:
“When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization at least seven days is added to the duration of the remaining warranty. This period runs from the buyer’s intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request. “
Article 1641 of the Civil Code:
“The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the buyer would not have acquired it, or n ‘would have given them a lower price, if he had known them. “
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. “