(Current issue from 14 March 2014)
ARTICLE 1 ~ SCOPE
The site Indemne® Electronic Commerce is available via Internet at www.indemne.fr and open to all users of this network. It is edited by Ma Peau Chérie group, capital of €100,000, registered at the Chamber of Commerce of Paris under number 789 094 27, VAT number FR 62789094273 , registered offices at, 16 rue du Pont -Neuf - F75001 Paris , France .
Définitions :
INDEMNE® refers to Ma Peau Chérie group brand.
Ma Peau Chérie group means the company representing the brand Indemne® , capital of €100 000, registered at the Chamber of Commerce of Paris under number 789 094 27, VAT number FR 62789094273, registered offices at 16 rue du Pont -Neuf - F75001 Paris, France.
Site means the website of the brand Indemne® available at indemne.fr where is offered for sale the whole the entire products line of the brand. It is hosted by GANDI SAS, Société par Actions Simplifiée au capital de 300.000€ ayant son siège social au 63-65 boulevard Masséna à Paris (75013) FRANCE, immatriculée sous le numéro 423 093 459 RCS PARIS
Products mean cosmetics sold by Ma Peau Chérie group and offered for sale on the indemne.fr site.
Buyer means a natural or non professional person having ordered one or more products on the site.
Order means the sales contract between Ma Peau Chérie group and the Buyer.
The site allows offering for sale cosmetics to Internet Users visiting the website.
It is stated that all products offered via the Site are intended for personal use by the Purchaser without any direct connection with his occupation.
Prior placing the order, the Buyer states to have full legal capacity to commit to the present general terms & conditions.
Any product offered order on the Site requires consultation and express acceptance of these general terms & conditions without a conditioning this acceptance to handwritten signature from the User.
According to the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, made for the purposes of Article 1316-4 of the Civil Code and on the electronic signature, it is recalled that the validation of the order as specified below constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
It is stated that the Buyer can save or print these general terms and conditions, provided, however a condition of no change.
These general terms & conditions aim is, ont the one hand to inform any potential consumer on the terms and conditions under which the seller offer and delivery of products ordered and, on the other, to define the rights and obligations of the Parties in connection with the sale of goods by the seller to the consumer. They apply, without limitation or qualification, to all products sales on the Site by Ma Peau Chérie group.
These general terms & conditions apply from 16 september 2013 and supersede all previous issue. Ma Peau Chérie group reserves the right to modify at any time these general terms & conditions. In this case, the conditions will be those current at the date of the Buyer order.
It is reminded that the Buyer will receive the current general terms and conditions attached to the bill for every order.
ARTICLE 2 ~ ORDERS
Orders are exclusively placed on indemne.fr website
Any order constitutes the agreement without limitation or reservation of the present general terms and conditions.
To place an order on the website, the Buyer must identify himself by creating a user account with email address and personal password. He must accurately fill out the form provided, on which are especially included the information needed for his identification such name, invoice address, delivery address if different from invoice address, email address and phone number .
Order taking on the Site is subject to strict compliance to the procedure established by Ma Peau Chérie group. The latter is evidenced according progressive steps the buyer must follow to validate the order. The buyer will have the option, before confirming the order, to check the order details and the total price, and correct possible errors before confirming the order to express his acceptance. Any order confirmed by the Purchaser is the sales contract and full acceptance of the general terms and conditions. The Purchaser is deemed to have accepted knowingly and without reservation, these general terms and conditions, prices, volumes and quantities of products offered for sale and ordered.
Ma Peau Chérie group rejects any order from a buyer with whom there is a dispute or incident relating to the payment of a previous order or violate the provisions of the general terms and conditions.
Under these circumstances, Ma Peau Chérie group will inform the Buyer by email. Up to the Buyer to proceed with Ma Peau Chérie group to correct erroneous or contrary information to these general terms and conditions, Ma Peau Chérie group reserves the right not to process the order.
A confirmation by email summarizing the order (product, price, availability, quantity ...) will be sent to the customer by Ma Peau Chérie group. To this end, the customer formally accepts the use of email for confirmation Ma Peau Chérie group order content.
Invoices are sent with the general terms and conditions at the email address specified by the Buyer during user account creation. Ma Peau Chérie group recommends that the Buyer retains this information on paper or electronic format.
Any fraudulent or suspected as such order will be considered by Ma Peau Chérie group as null and void.
The sale will be considered final after the Buyer confirmation by mail order summary in Ma Peau Chérie group and receipt of the total price.
ARTICLE 3 ~ PRODUCTS AVAILABILITY
Products are offered within the limits of stocks availability. In case of temporary or permanent unavailability of one of the products after ordering, the Buyer will be informed at the earliest. It will be proposed to the Buyer:
- to modify his order
- or to cancel the order and be refunded within 30 days from order date.
ARTICLE 4 ~ RATES AND GEOGRAPHICAL TERROTIRIES
Online products sale prices, given in Euros, are those in force at the time of the order registration by the Buyer.
Prices include value added tax (VAT) applicable on the date of the order and any change in the applicable rate will be reflected in the products price sold by the site.
The prices displayed on the website do not include shipping and order processing, charged in addition to the products price purchased according to the amount of the order. Shipping charges are shown before the final registration of the order by the Buyer.
Shipping cost will be free for orders equal and greater than the amount of purchase including taxes in France metropolitan area (see box delivery in metropolitan France section 4 above)
Products distributed by Ma Peau Chérie group are offered for sale and delivery based on the delivery zones of its partner, Collissimo .
The prices listed below are subject to change depending on Collissimo tarifs.
Free sign with Colissimo for delivery of your order.
For metropolitan France , Corsica, Monaco and Andorra So Colissimo delivery in 48h * :
Less than 65 € Shipping Order : 5,95 € .
Above 65 € Shipping Order: Free
5 delivery solutions tailored to confirm when your order:
A home
My appointment
My Space Cityssimo
My post office
My shopping
For other countries :
The delivery of your package at your home against signature !
Belgium: So Colissimo Delivery in 2 days * 9.45€, free from 95 €.
Germany, Netherlands , Luxembourg : Delivery by Colissimo in 3-8 days * 15.85 €, free from 125 € purchase .
United Kingdom , Italy, Spain , Switzerland, Austria , Denmark, Portugal and ireland , Overseas Departments and Territories : Colissimo delivery in 3-8 days * 14.75€ , Free from 175 €.
Finland, Norway, Sweden, Greece, Hungary, Iceland, Poland , Czech Republic, Slovakia, Slovenia, Maghreb : Delivery by Colissimo in 3-8 days* 19.20€, free from 295 € purchase .
United States , Canada, Africa and Middle East : Delivery by Colissimo in 3-8 days* 24.50€, free from 295 € purchase
Americas outside the U.S. and Canada , Asia and Oceania : Delivery by Colissimo in 3-8 days* 27.20€, free from 295 € purchase .
* Indicative time for sending business days
Products sale price can be changed at any time by Ma Peau Chérie group. The Buyer will be informed about this change before any order.
Invoices shall include the terms and conditions of sale on behalf of the Buyer confirming the order.
The products remain the property of Ma Peau Chérie group until full payment of the total price of the order.
Promotional offers proposed by Ma Peau Chérie group are valid for the time they are announced on the website.
ARTICLE 5 ~ PAYMENT
Order payment is made online via payment card (credit card, Visa, MasterCard, or via PayPal). Payment including VAT is made by the Buyer. At no time, payments can not be considered as a deposit or down payment. Buyer indicates in the relevant boxes his card number, the expiry date and the code is on the back of the card. The total price debit will be processed on the buyer's bank account of the order of the Buyer on the order date.
All orders are payable in Euros. The Buyer warrants to Ma Peau Chérie group that has permission to use the payment method he chosen, when recording of the order.
Ma Peau Chérie group reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution in case of non- payment of any sum payable by the Purchaser in incident payment or if a dispute exists with the Buyer.
Any control or partially unresolved products remain the property of Ma Peau Chérie group.
The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
In the context of the fight against Internet fraud, information about your order may be sent to any administration so requests.
Any unauthorized use of the card by the Buyer will not be reimbursed by Ma Peau Chérie group.
ARTICLE 6 ~ SECURE PAYMENTS
All purchases made on the Site by the Buyer are secure on the secured by Ma Peau Chérie group partner server: Gandi SAS.
The buyer has the choice between two methods of payment:
- Payments can be made by payment card and will be processed through the secure system Sogenactif (online payment tool provided by Societe Générale bank). It uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it during transit on the network.
- Payments can be made via PayPal: Buyer must have a PayPal account to pay the order with this method of payment. When this option is chosen, PayPal general terms and conditions are applicable.
ARTICLE 7 ~ RETENTION OF TITLE CLAUSE
Products remain Ma Peau Chérie group property until full payment including price, fees and taxes.
ARTICLE 8 ~ DELIVERY
Delivery is limited to geographical areas proposed by Colissimo (Article 4).
The products will be delivered to the address specified by the Buyer on the purchase order and delivered against signature. The Buyer shall provide all information necessary for the proper delivery of the order (building code door ...).
Ma Peau Chérie group will ship the order within 24 hours to 2 working days.
Any incorrect or missing mention concerning the delivery address or the buyer identity discharges Ma Peau Chérie group of delivery responsibilities.
Delivery is made by Colissimo at the delivery address specified by the Buyer placing his order. Ma Peau Chérie group can not be held responsible for delivery delay due to the carrier.
By failing to comply with the procedures outlined below, no Buyer's claim shall be accepted.
In case of absence, the buyer or recipient of the item receives a notice from the postman and/or identity card, which allows him to withdraw the products in the nearest post office, during fifteen days.
Buyer is responsible for checking in the presence of the postman or deliverer, the state of the packaging of the goods and delivery content.
In the event that the Buyer would have any doubt of any kind on the state or the contents of the package, he has to:
- Apply the Colissimo procedure (including damage reporting, claims and reservations) and refuse the goods by issuing an immediate finding of fault immediately to the employee of the Post (statement 170) or at the nearest post office within 48 hours after receiving the package.
- Apply the Colissimo procedure (including damage reporting, claims and reservations) and refuse the goods by issuing an immediate finding of fault immediately to the employee of the Post (statement 170) or at the nearest post office within 48 hours after receiving the package.
- Report the incident within 48 hours to Ma Peau Chérie group at [email protected] specifying the order number.
Deadlines below are provided on an indicative basis only:
after order confirmation, the average delivery time, is:
- For France, from 3 to 5 working days;
- For other countries, from 5 to 30 working days.
Any delay will not give rise to damages and interest, restraint or cancellation of the order from the Buyer.
In any event, in accordance with the provisions of Article L. 121-20-3 of the Consumer Code, the products ordered will be delivered within a maximum period of thirty days from the day following his order registration, subject to full payment.
Upon receiving the Order, the Buyer has to:
- Make all reservations and claims with the clerk at the post office or refuse the package if it is likely to have been opened or damaged
- Report the incident to the after-sales service of Ma Peau Chérie group whose details are set out in Article 10
- Without delay and no later than three working days from the goods reception date.
In the absence of compliance with these deadlines and procedure described above, the Order shall be deemed delivered in good condition and shall not be subject to any contest matters afterwards.
Bank Holidays (Customer service and Dispatching are closed):
-31 December - 1st January – New Year’s day
- Easter Monday
- 1st May - Mayday
- 8th May - End 1939-1945 War
- Ascension Day
- Whit Monday
- 14th July- National Day
-15th August- Assumption Day
- 1st November – All saints Day
- 11th November – 1918 Armistice
- 24-25th December – Christmas Day
ARTICLE 9 ~ RESPONSABILITY
Ma Peau Chérie group can not be held responsible for non-performance of the contract in case of shortage or unavailability of the product to know du to force majeure, disruption and / or total or partial strike , including services for Postal and transport and / or communications.
Ma Peau Chérie group shall not be responsible for any direct or indirect damage that may arise from the products purchase.
The site also contains information from third parties and links to other Internet sites. Ma Peau Chérie group shall in no event be responsible for damages resulting from the use, access to , or inability to use Third-Party Information or the content of other websites.
ARTICLE 10 ~ RIGHT OF WITHDRAWAL AND RETURNS
In accordance with Article L. 121-20 of the Consumer Code, the buyer shall have a period of seven days from the date of receipt to return at his expense, the products ordered to refund. When the seven (7) day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next working day.
The full amount paid refund will be at the latest within 30 days from the date of exercise of the right of withdrawal. In addition, the amount due is, of right, bear interest at the legal rate.
Products (due to non-compliance or exercise the right of withdrawal ) must be returned in resalable condition , in their original state (packaging, accessories , manuals ... ), duly sealed , accompanied by the return to Ma Peau Chérie group - Indemne – Service Client - ZI Toulon East - 112 rue Dr Guérin - La Farlède BP70422 - F83078 Toulon Cedex 9 - France.
Shipping Package returns is under the Buyer's responsibility.
In case of products exchange, shipment return costs are under the Buyer's responsibility.
Buyer must imperatively follow the following steps:
1. See "My Orders "in your account. The relevant order, select the product (s) you wish to return and specify the reason (s) for return.
2. Confirmation of "awaiting delivery" will be communicated by e -mail. Print the return form on the web page "My Products Returns" in your account.
3. Prepare your package including as follow:
* the printed return form, Select the refund method
* Item(s) in their original packaging and label
Then , please return the package to: Ma Peau Chérie group - Indemne – Service Client - ZI Toulon East - 112 rue Docteur Guerin - The Farlède BP70422 - F83078 Toulon Cedex 9 - France .
We recommend that you a tracking return to ensure safe delivery.
After a period of seven (7) days after the date of delivery, products will be deemed compliant and free from defect and no claim can be validly accepted Ma Peau Chérie group.
If the buyer does not meet with the specified process and time described above, He will not be enabling to claim for non-compliance or defect of delivered goods. Costs and risks associated with returning the product are under the Buyer's responsibility. If the product is lost by the carrier during return shipping, the buyer will be solely responsible for and will not be refunded by Ma Peau Chérie group. Similarly, initial shipping will not be refunded on a partial order return.
However, if the delivered goods are returned within 7 days as specified above, and comply with the conditions mentioned above return, the buyer will be offered to choose between the product exchange subject to availability and a credit note corresponding to the purchase amount.
If the return conditions are not respected by the Buyer, the product will not be refunded in any way.
ARTICLE 11 ~ CUSTOMER SERVICE
For any information, query, advice or claim, please contact us by email at [email protected]
ARTICLE 12 ~ WARRANTIES AND AFTER-SALE SERVICE
Buyer benefits from the legal eviction and hidden defects warrantee according to articles 1641 and following of the Civil Code. In case of non-compliant products in relation to the order or a product delivery revealing a hidden defect, Ma Peau Chérie group is committed, at the choice of the Buyer, to exchange the product for the same product or equivalent quality and price according to availability of stock, or refund the price of the product within a maximum period of 30 days following the Buyer's request.
Except in the event of non-compliant products, no exchange will be made. If the buyer changes his mind and wish to exchange against a new product order, he must, under his right of withdrawal (see section 9), return the product. This product will be refunded but not exchanged. To receive a new product, the buyer will have to place a new order on the site.
ARTICLE 13 ~ "INFORMATIQUE ET LIBERTES" (DATA PROTECTION) LAW
Personal information collected on the Website is the subject statement to the "Commission Nationale Informatique et Libertés" (Data protection French Commission). The Buyer has a right to access, modify, rectify and delete data. To exercise this right, Buyer shall send a letter to the Customer Service Ma Peau Chérie group at 16 rue du Pont -Neuf F75001 Paris - France.
ARTICLE 14 ~ INTELLECTUAL PROPERTY
The present website and all related (logos, images, trademarks, designs, documents, videos, music, slogans ...) and their compilation as well are the exclusive Ma Peau Chérie group property, the company does not grant any license or any right other than to consult the site.
Under these conditions, no one is allowed to reproduce, utilize, distribute or use for any purpose whatsoever, even partially, intellectual property rights whatever software, visual or audible they are without prior written consent from Ma Peau Chérie group. Any reproduction is therefore a counterfeiting that will be prosecuted.
Creation of hypertext links to the site can not be made with the prior written permission of Ma Peau Chérie group.
All trademarks mentioned on this Website are registered and therefore protected and are the exclusive Ma Peau Chérie group property.
ARTICLE 15 ~ COMPETENT JURISDICTIONS – APPLICABLE
Ma Peau Chérie group general terms and conditions and products sale are subject to French Law. Any dispute relating to the interpretation, performance or breach of contract between Ma Peau Chérie group and the Buyer, even in case of multiple defendants, shall be, in the absence of agreement, the exclusive competence of the Courts of Paris.