ARTICLE 1 - GENERALITIES
The site (hereinafter referred to as the "Site") is an e-commerce site accessible via the internet at the following address:www.cosmetic-innov-access.com
ARTICLE 2 - SITE PUBLISHER
Cosmetic Innov Access
58 Avenue du Vercors
38600 Fontaine
932 185 838 RCS of Grenoble
VAT number: FR93932185838
ARTICLE 3 - HOST OF THE SITE
Hostinger
ARTICLE 4 - CUSTOMER SERVICE AND E-MAIL
For any information, question, or advice, our Customer Service is at your disposal:
By MAIL: Cosmetic Innov Access – 58 Avenue du Vercors – 38600 Fontaine
On our WEBSITE via our Contact Form
By E-MAIL: contact@cosmetic-innov-access.com
ARTICLE 6 - ORDER
The different steps are as follows:
Selection of the item(s) to order to add to the cart. Possible entry of a code/offer allowing for a price, gift, or promotion. The customer can at any time check the details and contents of their cart, the corresponding price, and make any necessary modifications.
Order registration: in all cases, providing the personal information necessary for processing and delivering orders is mandatory.
Choice and validation of the delivery method.
Choice and validation of the payment methods among those offered.
When the order is confirmed by the Customer by clicking the "buy" button, the Customer declares to accept it, as well as all of these general terms and conditions of sale. Furthermore, Cosmetic Innov Access provides the Customer with a copy of the order, confirming the express commitment of the Parties.
Upon registration of the order, a detailed acknowledgment of receipt is sent to the customer's email address. This acknowledgment summarizes all the components of the order, including the exact amount charged and the delivery terms.
It is specified that the order acknowledgment will in no case constitute confirmation of the availability of the ordered products or validation of the payment for the order.
Any order constitutes acceptance of the prices and descriptions of the Products and Services available for sale.
An order is deemed placed on the website and the general terms and conditions of sale and warranties accepted as soon as the buyer has validated their payment. The buyer acknowledges that the data recorded by Cosmetic Innov Access and the secure payment provider constitutes proof of the nature, content, and date of the order. The mandatory check of the General Terms and Conditions of Sale and Warranties for validation of their approval by the Client and the click to proceed with payment via the secure payment site constitute an electronic signature that has the same value as a handwritten signature, and an irrevocable and unconditional acceptance of the order and its conditions by the buyer.
The sale will only be considered final after the confirmation of the order has been sent to the buyer by Cosmetic Innov Access and the full price has been collected by them.
In the event of non-payment, and/or an incorrect Client address, and/or any other issue related to the Client's account, Cosmetic Innov Access reserves the right to block the Client's order until the issue is resolved.
Cosmetic Innov Access also reserves the right to cancel any order from a buyer with whom there is a prior payment dispute or for any other legitimate reason. In case of doubt, Cosmetic Innov Access reserves the right to request the Customer to provide a copy of an identification document and/or proof of address via email.
ARTICLE 7 – PRODUCT AVAILABILITY
ARTICLE 8 – PAYMENT TERMS
Payments for purchases on the Site are made exclusively in Euros.
The Customer's order is only validated by their payment, which is due at the time of the order.
The Customer can pay for their order by credit card or bank transfer.
The only payment cards accepted on the Site are: Visa, Mastercard. The Customer's account will be debited the total amount of the purchased products including tax, at the time of order validation.
However, Cosmetic Innov Access reserves the right to suspend the order and any delivery in case of refusal of payment authorization by credit card from the accredited organization or in case of non-payment.
Cosmetic Innov Access also reserves the right to suspend the current order if a payment dispute or any other issue regarding a previous order from the Customer is under administration. Cosmetic Innov Access implements all means to ensure the confidentiality and security of data transmitted over the web.
Payments made by the Client will only be considered final after Cosmetic Innov Access has effectively collected the amounts due from them. Cosmetic Innov Access cannot be held responsible for any misappropriation or fraudulent use of any payment method that was not detected by the verification procedure.
The buyer guarantees to Cosmetic Innov Access that they have the necessary authorizations to use the payment method they have chosen for their order. Furthermore, the Client is invited to contact customer service as soon as they notice any fraudulent use of their payment method.
ARTICLE 9 – PROOF OF TRANSACTION
The computerized records, kept in the computer systems of Cosmetic Innov Access under reasonable security conditions, will be considered as proof of the communications, orders, and payments that occurred between the Parties. The archiving of orders and invoices is done on a durable and reliable medium that can be produced as evidence.
ARTICLE 10 – DELIVERY TERMS
Delivery refers to the transfer of physical possession and control of the Product by the Client. It is only completed after payment confirmation by the banking institution of Cosmetic Innov Access.
Once registered, the order will be delivered to the address provided by the Client. Cosmetic Innov Access cannot be held responsible for any failure to deliver to the Client if the address provided is incorrect or incomplete. The Client is therefore responsible for the accuracy of their billing and delivery addresses. Any package returned to Cosmetic Innov Access due to an incorrect or incomplete delivery address will be resent at the Client's expense.
For the delivery of its shipments, Cosmetic Innov Access uses the services of Colissimo and DPD for direct delivery to the Client's company address or to an address of their choice.
Regardless of the chosen delivery method, the Client must validate the receipt of their package and can therefore check the condition of the package and products upon receipt.
If, at the time of delivery, the package is damaged, torn, or opened, the Client must check the condition of the Products. If they have been damaged, the Client must issue the following reservation to Colissimo: "package opened or damaged."
The Client must indicate, in the form of reservations, any anomalies regarding the delivery such as, but not limited to, damages. Without reservations issued by the client to Colissimo within 24 hours following delivery, the verification of the package is deemed to have been completed.
If the package shows no apparent anomalies, and the Client finds that the products are damaged, missing, or non-compliant at the time of opening, the Client then has 24 hours to contact the Cosmetic Innov Access customer service via the contact form on the site.www.cosmetic-innov-access.com.
ARTICLE 11 – RIGHT OF WITHDRAWAL
If the received products are damaged, non-compliant with the order or their expectations, the Client has a withdrawal period of fourteen (14) days from the delivery of their order. When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended until the next business day. Within this period, the Client must inform Cosmetic Innov Access of their decision to withdraw by sending a letter or an email to the contact details provided on the Site or in these General Terms and Conditions of Sale.
The Client has a period of 14 clear days from the date of their formal request for withdrawal to return the products to Cosmetic Innov Access, 58 Avenue du Vercors – 38600 FONTAINE, in their original condition (packaging, accessories, instructions) and only if they have not been unsealed by the Client. The return shipping costs of the package remain the responsibility of the Client. The Client will have the choice to either exchange the returned product(s) or to be refunded the amount paid for the returned product(s).
The exchange of products or the refund of the amounts paid will occur no later than 14 days from the date of receipt of the bank account details and the returned products or from the receipt of proof of return shipment, with the date considered being the earliest of these events. Beyond this period, the amount due will automatically accrue interest at the legal rate in effect.
Shipping and return costs will not be refunded and will remain the responsibility of the Client, unless the products are returned because they do not match the Client's order (reference error) or if they were damaged during transport and the Client made a reservation upon receipt. In these cases, provided that the non-compliant and/or damaged products have not been unsealed by the Client, the shipping costs of the initial order and the return costs will be fully refunded to the Client.
In the case of an exchange error, any product to be exchanged or refunded must be returned to Cosmetic Innov Access in its entirety and in its original packaging, at the following address: Cosmetic Innov Access, 58 Avenue du Vercors, 38600 Fontaine. The return costs are the responsibility of Cosmetic Innov Access.
Any product unsealed by the Customer before its return to Cosmetic Innov Access will be considered as already used by the Customer, and consequently, will not be eligible for any exchange or refund, unless it reveals a quality issue with the product contained in the packaging. In this case, Cosmetic Innov Access will conduct all necessary analyses and will cover all costs that remained the responsibility of the Customer, if the non-compliance of the product was the responsibility of Cosmetic Innov Access.
For any additional information regarding the scope, content, and instructions for exercising this right, the Customer can contact Customer Service.
ARTICLE 12 – LEGAL WARRANTIES
The Customer benefits from the legal warranty of conformity under the conditions of articles L.211-4 and following of the Consumer Code and the warranty for hidden defects under the conditions provided in articles 1641 and following of the Civil Code.
Consumer Code – Article L211-4: the seller is required to deliver a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging [...].
Consumer Code – Article L211-5: to be in conformity with the contract, the good must:
1/ Be suitable for the usual purpose expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling,
2/ Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Consumer Code – Article L211-12: the action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the goods.
Civil Code – Article 1641: the seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lower price if they had known.
Civil Code – Article 1648 paragraph 1: the action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. When the Client acts under the legal warranty of conformity:
• They have a period of 2 years from the delivery of the goods to take action;
• They can choose between repair or replacement of the goods, if this is obviously possible given the nature of the Products, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
• They are exempt from proving the existence of the lack of conformity of the Product during the 24 months following the date of delivery of the goods. The legal warranty of conformity applies independently of any commercial warranty possibly granted to the Client. When applicable, the Client may decide to invoke the warranty for hidden defects as defined in Article 1641 of the Civil Code. In this case, the Client may choose between the cancellation of the sale or a reduction in the sale price, as provided for in Article 1644 of the Civil Code.
ARTICLE 13 – RESPONSIBILITIES
Cosmetic Innov Access cannot be held responsible for the non-performance of the contract in cases of force majeure, disruption, or total or partial strikes, particularly of postal services, means of transport, and/or communications.
Cosmetic Innov Access reminds that under Article 1146 of the Civil Code, unemancipated minors are incapable of contracting. Therefore, orders intended for minors must be placed by the holder of parental authority. In the event of accidental collection of personal data related to a minor, the holder of parental authority has the right to oppose their retention and/or transmission to third parties.
The liability of Cosmetic Innov Access cannot be engaged for any inconveniences or damages inherent to the use of the Internet network, including service interruptions, external intrusions, or the presence of computer viruses, or any event classified as force majeure, in accordance with jurisprudence.
ARTICLE 14 – FORCE MAJEURE
Any circumstance beyond the control of the Parties preventing the normal execution of their obligations shall be considered as causes for exemption from the obligations of the Parties and shall result in their suspension.
The Party invoking the circumstances mentioned above must immediately notify the other Party of their occurrence, as well as their cessation.
All facts or circumstances that are irresistible, external to the Parties, unpredictable, unavoidable, independent of the will of the Parties, and that cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks, or difficulties specific to telecommunications networks external to the clients.
The Parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure event lasts longer than three months, the contract may be terminated by the affected Party.
ARTICLE 15 – INTELLECTUAL PROPERTY
All elements of the Site, whether visual or auditory (trademarks, designs, models, logos, photographs, graphics, and all others, as well as their compilation), including the underlying technology, are the exclusive property of Cosmetic Innov Access or its suppliers and service providers, who grant no license or any other right other than the right to consult the Site.
In accordance with the laws governing intellectual property, any reproduction or representation, in whole or in part, of the Site or any of its components is strictly prohibited, as is their alteration.
ARTICLE 16 – COMPUTERS AND FREEDOMS
The information collected by Cosmetic Innov Access during any order from the buyer is necessary for processing orders. Similarly, Cosmetic Innov Access may collect User data when they subscribe to the Newsletter.
Cosmetic Innov Access reserves the right to collect data on Internet users, particularly through the use of cookies. Users have the option to refuse these cookies by activating this option in their browser, or to delete them, knowing that the use of the Site may be limited.
Cosmetic Innov Access may then use this personal data to better inform users about the products and commercial offers of Cosmetic Innov Access or about any operations related to contests in particular. Cosmetic Innov Access is committed to not disclosing the identity and contact details of its service Users to any commercial partner outside of Cosmetic Innov Access.
In accordance with the law, users have the right to access, rectify, delete, and oppose their personal data, a right they can exercise by writing to:contact@cosmetic-innov-access.fr
ARTICLE 17 – HYPERTEXT LINKS
The Client who has a personal website and wishes to place a simple link on their site that directly refers to the homepage of the Site or any other pages must request permission from Cosmetic Innov Access. However, any hypertext link referring to the Site and using framing or in-line linking techniques is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed at the simple request of Cosmetic Innov Access.
The Site may contain hyperlinks to other websites. Cosmetic Innov Access cannot be held responsible if the content on these websites violates applicable legal and regulatory provisions.
ARTICLE 18 – PARTIAL INVALIDATION
If one or more provisions of the General Terms and Conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and scope.
ARTICLE 19 – NON-WAIVER
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in the General Terms and Conditions cannot be interpreted in the future as a waiver of the obligation in question.
ARTICLE 20 – TITLE
In the event of an interpretation difficulty between any of the titles at the beginning of the clauses and any of the clauses, the titles will be declared non-existent.
ARTICLE 21 – LANGUAGE
The General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 22 – APPLICABLE LAW
These general terms and conditions of sale are governed by French law. The language of this contract is French. The terms of sale corresponding to the offers made on this Site, which is aimed at consumers purchasing in France, are indeed exclusively subject to the protective provisions for consumers applicable in France. The proposed delivery conditions only concern metropolitan France. Therefore, these conditions apply to sales concluded and executed in France.
In the absence of conciliation, any dispute relating to the interpretation, execution, or termination of the contract concluded between Cosmetic Innov Access and the Client will be under the exclusive jurisdiction of the French courts.
ANNEX 1 – WITHDRAWAL FORM
To the attention of Cosmetic Innov Access, 58 Avenue du Vercors 38600 FONTAINE, whose email address iscontact@cosmetic-innov-access.fr