General conditions of use and sale
Version you 25/04/2023
These general conditions of use and sale (hereinafter the "CGUV") govern any relationship between the Kaviaar Kare site, accessible via the internet address www.kaviaar-kare.com (hereinafter the “Site”) owned by the company Dermway Paris, a simplified joint stock company, with capital of 100,000 euros, whose registered office is located at 34 avenue des Champs Elysées – 75008 Paris, registered in the Trade and Sociétés de Paris under number 789 877 206 (hereinafter the "Seller") and any user of the Site (hereinafter the "User").
The Site allows the Seller to offer for sale cosmetic products to Users browsing the Site (hereinafter the "Products").
For the application of the CGUV, it is agreed that the User and the Seller will be collectively referred to as the "Parties" and individually referred to as "Party", and that the User having validated an order will then be referred to as "Buyer".
The rights and obligations of the User necessarily apply to the Buyer.
PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS
The CGUV are opposable to the User who acknowledges by validating his order to have been aware of them and to have accepted them without reservation. It is specified that the User can save or print the CGUV, provided however that they do not modify them.
The CGUV may be supplemented by stipulations in the special conditions of sale or order forms. By accepting the CGUV, the Buyer expressly waives the right to invoke any general conditions of purchase.
The Seller reserves the right to modify these GCUS at any time, without notice, it being understood that such modifications will not apply to reservations and orders previously accepted and confirmed by the Buyer.
The fact that the Seller does not take advantage at a given time of any of the GCUS cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
The nullity of a contractual clause does not entail the nullity of the CGUV. The temporary or permanent non-application of one or more clauses of the CGUV by the Seller does not constitute a waiver on its part of the other clauses of the CGUV which continue to produce their effects.
Orders can only be made via the Site. Any order assumes acceptance without restriction or reservation of the CGUV.
The Buyer accepts that the Site's order registration systems may serve as proof of the nature of the order and its date.
The User makes his selection by browsing the pages of the Site. Their selections are added to their cart when they click "Add to Cart". Each time the User clicks on "Add to cart", a confirmation screen appears which summarizes all the products and options selected. The User has the possibility to see his basket and to finalize his 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 possibility of accepting the saving of his contact details, in order to save time during his 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 fill in the information relating to his credit card and indicate his billing address.
The Site explicitly stipulates that the validation of the order constitutes knowledge and acceptance without restriction or reservation of the CGUV.
To validate his order The User must click on ''Validate my order''.
By clicking on "Validate my order", the Buyer accepts it as well as the CGUV.
After payment on the Stripe secure server, a confirmation acknowledgment is displayed. He confirms to the Buyer the registration of his order. The Seller will send an order confirmation email to the Buyer when his order is received in the Seller's systems.
This confirmation email will specify the exact amount invoiced and the terms of delivery 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, within the limits of available stocks. 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 his order will be recalculated and he will be debited with the new amount, minus 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 out of stock or unavailability of the 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 handled 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 prejudice related to the incorrect entry of this information at the time of identification or payment.
The Buyer benefits from the provisions of the legal guarantee of conformity and the legal guarantee against hidden defects. The Buyer must keep his purchase invoice to be able to benefit from these legal guarantees. For any complaint, the Buyer may contact the Seller via the form on the "Contact" page of the Site
Legal guarantee of conformity
The Seller will deliver a product to you that is in conformity with the contract and free from defects of conformity when the said product is delivered, in the sense that the product will be specific to the use usually expected of a similar good and that it will present the characteristics presented during sales. The Seller is also liable for any lack of conformity resulting from the packaging.
This guarantee will only come into play on the condition that the Buyer requests it within two years of the delivery of the product. Conformity defects that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
The Buyer may choose between the repair and the replacement of the product unless one of these choices entails a manifestly disproportionate cost for the Seller. If the repair or replacement of the product is impossible, the Buyer may be reimbursed the price paid and return the product or keep the product and be reimbursed part of the price, 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 them.
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 so diminish this use, 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 being reimbursed the price and costs incurred by the sale or keeping the product and being reimbursed part of the price. In any case, it will be up to the Buyer to prove that he meets the conditions of the guarantee.
The Seller does everything possible to satisfy the User. The Seller is responsible for the proper execution of the CGUV.
Nevertheless, the Seller cannot be held responsible for the non-performance of the contract in the event of a shortage of stock or in the event of the 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 because of the non-compliance of the product with foreign legislation in the event of delivery in 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 for any direct or indirect damage, whatever the causes, origins, nature or consequences, including in particular the loss of profits, customers, data or any other loss of intangible property that may occur as a result of the access of anyone to the Site or the impossibility of accessing it or the credit granted 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 recalls 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 on the "Contact" page, it is recalled that Users are prohibited from writing any abusive, discriminatory message that damages a person's image, under penalty of engaging their responsibility.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure and apart from the maintenance interventions necessary for its proper functioning. These interruptions do not give rise to any compensation. Incidents occurring on networks over which the Seller has no control do not engage its responsibility (electricity cuts, 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 when the User does not respect these technical data.
DELIVERY TIMES, COSTS AND METHODS
The products are delivered only in the countries of 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 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 of this by e-mail as soon as possible and will offer him a new planned delivery date.
In case of unavailability of the product ordered, the Seller will inform the Buyer as soon as possible. The Seller will offer a Product of an equivalent quality or price to the Buyer, or cancel his order and refund it in full, with the Buyer's agreement.
Delivery costs are free whatever the destination in France and in the European Union.
RETENTION OF OWNERSHIP
The products ordered remain the property of the Seller until full payment has been received by the latter. The Buyer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the Products.
PRICES OF PRODUCTS FOR 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 force when the order is registered.
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 of French territory, his order may be subject to any taxes and customs duties when it arrives at its destination.
The payment of these duties and taxes is the responsibility of the Buyer and the latter is invited to inquire with the competent authorities of 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 fully secure means of payment to pay for purchases on the Site.
With Stripe, the Buyer's financial information is never shared with the Seller. Indeed, Stripe encrypts and protects the Buyer's credit card number.
The Buyer guarantees the Seller that he has the necessary authorizations to use the method of payment he has chosen, when registering the order form.
The Seller reserves the right to suspend or cancel any order and/or delivery, regardless of 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 of this.
As part of the fight against Internet fraud, information relating to the order may be transmitted to any competent authority for verification.
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 REIMBURSED: TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
Right and period of withdrawal
The Buyer has a legal right of withdrawal which he can exercise under the conditions provided for in Article L. 221-18 of the Consumer Code, if he meets the conditions laid down by these provisions, without having to justify reasons and without having to pay penalties.
The general return policy (for request for reimbursement or exchange) 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 justify reasons and without having to pay a penalty. After this period, the User will no longer be able to exercise his right of withdrawal.
Modalities for exercising the right of withdrawal
The Buyer has the possibility of completing and transmitting his request for withdrawal online on the Site in the form on the "Contact" page of the Site. The Buyer will quickly receive a 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-compliance of the Product, the User may return the product(s) purchased by requesting an exchange or a refund under the conditions described. to the article below.
RETURN, EXCHANGE AND REFUND TERMS
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 return form has been completed, please place it in your return package.
Send the package to the following address:
Dermway Paris / Kaviaar Kare
10 rue Bapst
92600 Asnières sur Seine
We recommend that you insure your package and opt for a shipment with tracking and delivery against signature. Dermway Paris declines all responsibility in the event of loss of your package.
Returns without a form will not be taken into account.
The shipping costs related to the return remain your responsibility.
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 the receipt of the package.
The refund is made via the payment method used for the purchase.
We do not reimburse the shipping costs related to the return of your products.
We do not refund purchases made from other retailers. Only products ordered on our site will be subject to reimbursement.
As part of an order for product(s), the Seller is intended to collect the User's personal data, in order to allow the order to be fulfilled.
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 stage of the order on the Site, the User expressly consents to the collection and processing of his personal data necessary to place the orders.
The personal data collected by the Seller is intended to enable the fulfillment of the order. The various personal data for the purpose of the realization will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
By finalizing his order, the User can choose to be informed, by email, of news and exclusive offers on the Site. He has, at any time, the possibility of unsubscribing 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 No. 2016/679 dated April 27, 2016 (RGPD), the User of the Site has a right to access, rectification, opposition and deletion subject to legitimate reasons, portability of data concerning him from May 25, 2018. To exercise these rights, the User simply has 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 appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer. data, in the person of the Managing Director of Dermway Paris), 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 CGUV and the sales of Products by the Seller on the Site are subject to French law.
In the event of a dispute which cannot be settled amicably on the substance or on the form, the French courts will have sole jurisdiction.
In accordance with Ordinance No. 2016-301 of March 14, 2016 and Decree No. 2016-884 of June 29, 2016, all consumers have the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute which pits him against a professional. To this end, the Seller guarantees the Buyer the effective use of a consumer mediation system.
Any disagreement or so-called consumer dispute may be the subject of an amicable settlement by mediation with the CMAP – Center for Mediation and Arbitration of Paris.
A dispute cannot be examined by the consumer mediator when:
1° The Buyer does not justify having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint according to the terms provided, if applicable, in the contract;
2° The request is manifestly unfounded or abusive;
3° The dispute has been previously examined or is being examined by another mediator or by a court;
4° The Buyer has 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 competence.
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 Consumption , 39 avenue Franklin D. Roosevelt, 75008 - Paris, or (iii) send an email to firstname.lastname@example.org. Regardless of the means used to enter the CMAP, your request must contain the following elements to be processed quickly:
Your postal, email and telephone details as well as the full name and address of the Seller, a brief statement of the facts, and proof of the 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 about our offers;
=> To monitor the execution of an order, to exercise the right of withdrawal or to exercise the guarantee.
We provide you with a form on the "Contact" page of the Site.
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, sequences animated 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 whatsoever except with the prior written authorization of the Seller.
Any other use constitutes an infringement.
Annex 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable 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.
The property complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where 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 given the public statements made by the seller, the producer or 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 seller's attention and which the latter has accepted.
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 able to know them.
The defects of conformity which appear within twenty-four months from the 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 challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him, given the nature of the property and the use he is seeking.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
The application of the provisions of the articles L.217-9 and L.217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
The provisions of this section do not deprive the purchaser 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 recognized by law.
The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of code civil.
Appendix 2: Provisions of the Civil Code concerning the warranty against latent defects
The seller is bound by the guarantee on account of hidden defects in 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 does not would have given a lesser price, if he had known them.
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned, as it will be arbitrated by experts. .
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer.
If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensations explained in the two preceding articles.
But the loss happened by fortuitous event will be for buyer's account.
The 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, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
It does not take place in sales made by authority of justice.