TERMS AND CONDITIONS OF SALE
1. Integrity
The present General Conditions express the entirety of the obligations of the parties.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels;
They are accessible on the website www.cosmedica-institut.com and will prevail, if necessary, over any other version or any other contradictory document.
The COSMEDICA Beauty Salon and the Buyer agree that these General Conditions exclusively govern their relationship.
The COSMEDICA Beauty Salon reserves the right to modify these General Terms and Conditions from time to time.
They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector whose companies have their headquarters in France.
2. Subject
The purpose of these General Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by L’Institut de beauté COSMEDICA to the Buyer, from the www.cosmedica-institut.com website, in accordance with the legal and regulatory provisions governing e-commerce and distance selling.
The Buyer declares that he has read these General Terms and Conditions of Sale and has accepted them before his immediate purchase or the placing of his order. In this respect, they are opposable to him in accordance with the terms of article 1119 of the civil code.
3. Pre-contractual information
3.1 The Buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the French Consumer Code.
3.2 The following information shall be transmitted to the Buyer in a clear and comprehensible manner:
– the essential characteristics of the good ;
– the price of the good;
– the additional costs of transport, delivery or postage and any other possible costs.
– in the absence of immediate performance of the contract, the date or deadline by which the Buyer undertakes to deliver the good, whatever its price.
3.3 COSMEDICA Beauty Salon provides the Buyer with the following information:
– its corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address ;
– the methods of payment, delivery and execution of the contract, as well as the procedures for handling complaints;
– the existence and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the French Consumer Code, respectively;
4. Identity of the parties
4.1 The Seller
The CAJEMA Company
Sole Proprietorship Limited Liability Company
Share capital of €13,200
Registered office: COSMEDICA, 19, Boulevard Victor Hugo, 06000 NICE
NICE Trade and Companies Register 499,353,878
E-mail address: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Phone: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
NAF Code: Beauty Care (9602B)
4.2 The Buyer
The order can only be validated on the Site if the Buyer has a personal account.
If he or she does not already have an account, the Buyer must accurately fill in the fields identified by an asterisk as mandatory in order to create his or her personal account.
He will have to indicate the information necessary for his identification, in particular a valid e-mail address and a password of his choice (which will be personal and confidential) which will be used later on to identify himself on the Site.
The Buyer will also have to indicate his name, first name, personal address and telephone number in order to be able to create his customer account.
Any Buyer already holding a customer account must identify himself after having clicked on “Validate my basket”, by entering his e-mail address and password.
The Buyer agrees that the entry of these two identifiers is proof of his or her identity.
The Buyer is responsible for the choice and conservation of his identifiers and must ensure their confidentiality.
The provision of nominative information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices.
This information is strictly confidential.
The processing of the Buyer’s personal data is the subject of specific information in the “Personal Data” section.
The Buyer must have read and accepted them before any Order.
The Buyer undertakes to read and accept them.
5- Product information
The products governed by the present General Conditions are those which appear on the website of L’institut de beauté COSMEDICA and which are indicated as sold and dispatched by the latter.
L’Institut de beauté COSMEDICA informs the Buyer that the products comply with current French legislation.
Its responsibility could not be engaged in case of non-respect of the legislation of the country in which the product will be delivered (ex: in case of prohibition of a product…).
It is up to the Buyer to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products and services he intends to order.
Furthermore, the COSMEDICA Beauty Institute cannot guarantee that the information on the packaging of the products is translated into all the languages of the European Union. However, this information is available at least in French and/or English.
For any question relating to the products and their use, any additional question or request for advice, the Purchaser may contact the COSMEDICA Beauty Salon by calling Customer Service on XXXXX from France, or on xxxxxxxx from abroad, during the opening hours of the service indicated in the “Contact Us” section of the Site.
They are offered within the limit of available stocks.
The products are described and presented as accurately as possible.
However, if errors or omissions may have occurred with regard to this presentation, the COSMEDICA Beauty Institute cannot be held liable.
The photographs of the products are not contractual.
6. Prices
The COSMEDICA beauty salon reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.
The prices are indicated in euros.
They do not take into account the delivery costs, which are invoiced in addition, and are indicated before the validation of the order.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
Payment of the totality of the price must be made at the time of the order.
If one or more taxes or contributions, particularly environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the products.
7. Availability of products
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below.
Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is 3 to 8 working days from the day following the day the Buyer placed his order.
In the event of failure to comply with the agreed delivery date or deadline, the Buyer shall, before cancelling the contract, enjoin the Seller to perform the contract within a reasonable additional period of time.
Should the Buyer fail to do so after the expiry of this new period, the Buyer shall be free to dissolve the contract.
The Buyer must carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be considered to have been terminated on receipt by the COSMEDICA Beauty Salon of the letter or writing informing it of this termination, unless the professional has performed in the meantime.
However, the Buyer may terminate the contract immediately, if the dates or deadlines mentioned above are an essential condition of the contract for him and this has been specified at the time of the Order.
In this case, when the contract is cancelled, the COSMEDICA Beauty Salon is obliged to reimburse the Buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of one of the ordered products, the Buyer will be informed as soon as possible and will have the possibility to cancel the order. The Buyer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
8. The order
The Buyer has the possibility to place his order online, from the online catalogue, for any product, within the limits of available stocks.
Any Order implies acceptance of these General Terms and Conditions of Sale and the “Personal Data” Charter, without prejudice to the special contractual conditions concluded between the Parties.
Before validating his Order, the buyer has the possibility to check the details of his draft Order and to modify it if necessary .
The distance selling contract is concluded from the moment the buyer confirms his order by clicking on the icon “Validate your payment” or “Validate your basket” (hereafter and above “the Order”) and proceeds to its payment.
Once this step has been validated, the buyer will no longer be able to cancel his/her Order.
The sale shall be final (subject to the buyer exercising his right of retraction under the conditions set out below). The Order will be confirmed to the purchaser by any appropriate means (the “Order Confirmation”) and an e-mail will be sent to the purchaser when the Order is dispatched.
The purchaser is informed that e-mails are sent to the e-mail address he has provided.
In the event of an error in entering the e-mail address concerned, or in the event of non-receipt of the Order confirmation message, the COSMEDICA Beauty Salon cannot be held liable.
In this case, the sale will be considered final, except in the case of cancellation of the Order by the Institute, notably due to the unavailability of the products. The purchaser may nevertheless exercise his right of withdrawal under the conditions set out in Article 6 of these General Terms and Conditions of Sale.
Any order implies acceptance of the prices and descriptions of the products available for sale.
It is recalled that purchases made on the Site are reserved for a clientele of non-professional individuals for their own use (or for the purpose of gifts in the family circle).
The COSMEDICA Beauty Salon sells its products only in quantities corresponding to the usual average needs of a household. In accordance with article L121-11 of the French Consumer Code, the Institut de beauté COSMEDICA reserves the right to refuse or cancel for legitimate reasons any Order whose number of products or the amount to be paid (for a single or several cumulative orders) does not correspond to the usual average use of a household, any Order which would suggest that an economic activity is carried out by the purchaser in connection with the products ordered or, more generally, any abnormal Order within the meaning of the applicable case law on the subject.
Finally, the COSMEDICA Beauty Salon reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.
For any question relating to the follow-up of an order, XXXXXXXXXXXXXXXXXXXXXXX
9. Method of payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the Buyer.
To pay for his order, the Buyer has, at his choice, all the payment methods made available by the COSMEDICA Beauty Institute and listed on its site.
The Purchaser guarantees to the COSMEDICA Beauty Salon that he or she has the authorisations that may be necessary to use the payment method chosen by him or her when validating the order form.
The COSMEDICA Beauty Salon reserves the right to suspend all order processing and delivery in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment.
In particular, the COSMEDICA Beauty Salon reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
The COSMEDICA Beauty Institute has set up an order verification procedure designed to ensure that no one uses another person’s bank details without his or her knowledge.
Within the framework of this verification, the COSMEDICA Beauty Salon may ask the Purchaser to send a copy of an identity document and proof of address by e-mail.
The order will then be validated only after receipt and verification by the COSMEDICA Beauty Salon of the documents sent.
To pay for his order, the Buyer has, at his choice, all the payment methods made available to him by the COSMEDICA Beauty Institute, namely
Payment by credit card
The Purchaser shall pay for his/her order in cash, by credit card (Carte bleue, Visa, Eurocard, Mastercard), it being specified that payments are secured by the universal SSL encryption process, associated with the Cyber plus payment solutionXXXXXXXXX.
In this case, the Buyer is redirected to the bank’s website where he will have to transmit the number of his credit card, as well as its expiry date and the cryptogram number (3-digit number appearing on the back of his credit card) in order to proceed with the payment of his order.
The COSMEDICA Beauty Salon is not aware of and does not process the Buyer’s bank details.
Payment by PAYPAL.
The Buyer can use his Paypal account to pay cash for his order.
Payment by gift card
The COSMEDICA Institute gift card may be used on the Site, in one or more instalments, up to the amount credited at the time of an Order, possibly supplemented by another means of payment accepted by the Institute, up to a limit of XXXX €.
A gift card cannot be used to purchase other gift cards.
10. Electronic signature and proof
The online supply of the Buyer’s credit card number and the final validation of the order will be proof of the Buyer’s agreement, i.e. :
– Payability of the sums due under the purchase order,
– Signature and express acceptance of all operations carried out.
The computerized registers kept in the computer systems of the COSMEDICA Beauty Institute and its partners will be considered as proof of communications, Orders and payments between the Parties.
The Parties agree that all data, information, files and any other digital element exchanged between the Parties shall constitute admissible, valid, opposable and probative evidence of a private act.
The Parties undertake not to contest the admissibility, validity, opposability or probative value of the aforementioned elements of an electronic nature or in electronic format, on the basis of their electronic nature. In the absence of proof to the contrary, these elements shall be valid and enforceable between the Parties in the same way, under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
In the event of fraudulent use of the credit card, the Buyer is invited, as soon as such use is observed, to contact the COSMEDICA Beauty Salon either by e-mail or by telephone.
11. Terms and conditions of delivery
11.1 Deliveries are made to all countries.
The cost of transport and/or postage shall be borne by the Buyer.
When placing an order, the Buyer chooses the method of delivery of the items ordered.
The cost of transport according to the chosen delivery method is specified to the Buyer before the order is validated and payment is made.
The standard delivery is offered from 90 € of purchases and concerns the following countries:
– Metropolitan France
– Zone 1: Germany, Belgium, Luxembourg, Netherlands.
– Zone 2: Austria, Spain (excluding specific territories), Portugal (excluding specific territories), United Kingdom, Ireland, Italy.
11.2 Delivery means the transfer of physical possession or control of the goods to the consumer.
The products ordered are delivered according to the following terms and conditions chosen by the Buyer at the time of his order :
Withdrawal at the Beauty Institute
The Buyer can choose a free delivery and pick up his order directly at the Beauty Salon COSMEDICA, 19, boulevard Victor Hugo 06000 NICE.
In order to pick up the package, the Buyer must have a valid ID and the Order number appearing on his Order confirmation email. A third person, appointed by the Buyer, may also come and collect the Order. To do so, this person must imperatively have his/her identity document, the identity document of the recipient of the Order and the Order number. When the parcel is handed over, the Buyer, the person appointed by the Buyer or the recipient of the Order must sign the delivery slip for the Order. This slip is proof of delivery and receipt by the Buyer or the recipient of the Order of the products ordered.
Home delivery
The package containing the products ordered and paid for is deposited in the mailbox at the Delivery Address provided by the buyer.
In the event that the letter box is insufficient in size, the parcel is delivered to the home and handed over either to the purchaser or to the recipient of the Order, or, at the discretion of La Poste, to another person, in particular any person attached to its service, living with him, specially mandated, with a power of attorney or to an identified third party.
When the package could not be delivered for the reasons mentioned above (insufficient size of the letter box and/or absence of the addressee), the Buyer or the addressee of the Order shall receive a calling card, allowing him/her to collect the package at the place indicated in the calling card within 10 to 14 days (depending on the carrier) or to contact the carrier at the contact details indicated on the calling card in order to agree on another delivery day.
If the package is not picked up within the period indicated on the delivery note, the package will be returned to the sender. In this case, the Buyer will be refunded the amount of the Order, delivery costs deducted.
International Colissimo with signature (Europe and International)
Delivery is made within 4 to 7 working days to your home, the time may vary by country. In case of absence at the time of delivery, a delivery notice will be left in the mailbox so that you can pick up the package at the nearest post office (within 15 days).
Chronopost option?
11.3 Delivery times
Delivery times begin to run from the Order Confirmation.
Subject to the availability of the articles, the delivery times take into account the preparation time of the order (2 to 4 working days) as well as the standard delivery times of the Post Office (2 to 4 working days in Metropolitan France).
The Institut de beauté COSMEDICA cannot be held responsible for loss, delays in delivery due to errors or disruptions attributable to carriers.
The products are delivered to the address indicated by the Buyer on the order form, the Buyer must ensure its accuracy.
Any package returned to the COSMEDICA Beauty Salon due to an incorrect or incomplete delivery address will be reshipped at the expense of the Buyer.
The Purchaser may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
11.4 Damaged packages
If at the time of delivery, the original packaging is damaged, torn, opened, the Buyer must then check the condition of the items.
If they have been damaged, the Buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The Buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (missing product compared to the delivery slip, damaged package, broken products…).
This verification is considered to have been carried out once the Buyer, or a person authorised by him, has signed the delivery note.
The Purchaser must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) at the latest and send a copy of this mail or e-mail to the COSMEDICA Beauty Salon at the address indicated in the legal notice on the site.
If the products need to be returned to the COSMEDICA Beauty Salon, a request for return must be made within 7 days of delivery.
Any claim made after this period will not be accepted.
The return of the product can only be accepted for products in their original state (packaging, accessories…).
12. Errors of delivery
The Buyer must make any claim to the COSMEDICA Beauty Salon, within 48 hours of delivery, for any error of delivery and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form visible in the page “My account”.
Any claim made after this period will be rejected.
The complaint can be made by e-mail: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the COSMEDICA Beauty Salon from any responsibility towards the Buyer.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned in its entirety, in perfect condition and in its original packaging, to the address xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
In this case, the cost of the return journey is borne by the COSMEDICA Beauty Institute.
13. Transfer of risk
Ownership of the item sold shall pass to the Buyer as soon as the parties have agreed on the item and the price.
Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the Buyer, as soon as the order form has been accepted by the COSMEDICA Beauty Salon.
14. Product Warranty
14.1 Legal guarantee of conformity
The COSMEDICA Beauty Salon delivers goods in conformity with the contract and is responsible for any defects of conformity existing at the time of delivery.
It is also liable for “defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility” and this in accordance with the provisions of article L. 217-4 of the Consumer Code.
“The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate:
– if it corresponds to the description given by the COSMEDICA Beauty Institute and has the qualities that the latter has 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 COSMEDICA Beauty Salon, by the producer or by his representative, in particular in advertising or labelling,
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the knowledge of the Seller and accepted by the latter” and this in accordance with the provisions of Article L. 217-5 of the Consumer Code.
“The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods” according to the provisions of article L. 217-12 of the Consumer Code.
“When the Buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remains to run.
This period runs from the date of the Buyer’s request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention”, in accordance with the provisions of Article L. 217-4 of the French Consumer Code.
14.2 Warranty for hidden defects
The COSMEDICA Beauty Salon is bound by the “guarantee for hidden defects in the item sold which render it unfit for its intended use, or which so diminish this use that the Buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
The action resulting from redhibitory defects must be brought by the Buyer within two years from the discovery of the defect” according to the provisions of article 1641 of the Civil Code.
“In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the COSMEDICA Beauty Salon can be discharged from the apparent defects or lack of conformity” in accordance with the provisions of article 1648 of the Civil Code.
Consequently, the Institut de beauté COSMEDICA, whose registered office is located at 19, boulevard Victor Hugo, guarantees the conformity of the goods to the contract, allowing the Buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code or the guarantee of defects of the thing sold within the meaning of articles 1641 and following of the Civil Code.
In case of implementation of the legal guarantee of conformity, it is reminded that :
– the Buyer has a period of 2 years from the delivery of the good to act;
– the Buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
– the Buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
In addition, it is recalled that the Buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code.
In this case, he can choose between cancellation of the sale or a reduction of the price in accordance with article 1644 of the civil code.
Are excluded from guarantee the products modified, repaired, integrated or added by the purchaser. The guarantee will not apply to apparent defects. The guarantee will not cover products damaged during transport or due to misuse.
14.3 Consequence of the implementation of safeguards
Within the framework of the legal guarantee of conformity, the COSMEDICA Beauty Salon is committed to the choice of the buyer:
– either to replace the product by an identical product according to the available stocks,
– or to reimburse the price of the product if the replacement of a product proves impossible.
Within the framework of the legal guarantee for hidden defects, the COSMEDICA Beauty Salon, according to your choice, commits itself, after evaluation of the defect:
– Either to refund the totality of the price of the returned product,
– Either to refund part of the price of the product if the buyer decides to keep the product.
15 – Right of withdrawal – Exchanges – Returns
In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of 14 (fourteen) days from the day of receipt of the package containing the products ordered, to exercise his legal right of withdrawal without having to justify his decision.
In the case of a gift card purchased on the Site, the Purchaser has a period of 14 (fourteen) days from the confirmation of his/her Order to exercise his/her right of retraction, provided however that the gift card has not been used in whole or in part before the expiry of this period. Indeed, in this case no right of retraction or reimbursement in any form whatsoever is provided for.
In accordance with article L.221-28 of the Consumer Code, the right of retraction cannot be exercised for Orders concerning :
– the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection,
– the supply of goods made to the consumer’s specifications or clearly personalised.
– These provisions shall apply without prejudice to the guarantees provided for above, which shall remain fully applicable.
The Buyer exercising his right of withdrawal under the conditions provided for in this article in terms of the time limit and methods for returning the products, may obtain a refund of the products returned as well as the delivery costs (at the standard cost) of the Order, in accordance with article L221-24 of the French Consumer Code.
The refund will be made according to the means of payment used for the initial transaction, unless the Buyer expressly agrees to another means of refund. If the payment was made at the Beauty Salon, the Buyer has the possibility of going to the store to be reimbursed by the same means of payment as the one used for his/her Order, if he/she does not wish to do so, he/she may be reimbursed by an online credit note.
The costs of return will remain the responsibility of the Buyer who has decided to retract or the recipient of the Order.
The Buyer or, if applicable, the recipient of the Order, must inform the COSMEDICA Beauty Salon of his or her wish to retract in one of the following ways:
– contact the COSMEDICA Beauty Salon within 14 (fourteen) days following receipt of the Order. In this case, the Purchaser may in particular use the model retraction form appearing in the appendix to these General Terms and Conditions of Sale and send it to the following address: 19, boulevard Victor Hugo in NICE 06000 or by email to the following address: xxxxxxxx,
– return the products concerned within a maximum of fourteen (14) days from this information to the COSMEDICA Beauty Salon and in any case no later than 14 days of receipt.
– return the products concerned directly to the COSMEDICA Beauty Salon under the conditions described below.
General provisions applicable to all methods of return (Institute or mail) :
The products must imperatively be returned in a condition suitable for re-marketing (products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Purchaser informed the Institute and at the latest within fourteen (14) days of their date of receipt. Returns of products returned after this period will not be accepted.
The products must also be accompanied by the Order number, either on the Return Form, sent with the delivered products and signed by the Purchaser or the recipient of the Order, or on any other document. With regard to gift cards purchased on the Site, the return conditions detailed in this article may only apply on condition that the gift card has not been used in whole or in part before the expiry of this period. Indeed, in this case no right of withdrawal or reimbursement in any form whatsoever is provided.
Special provisions applicable to returns by post :
The Buyer or the recipient of the Order who wishes to exercise his right of retraction by returning a product by mail must follow the following instructions:
– Use the original packaging to return the product(s) concerned,
– Send the mail thanks to the Colissimo prepaid return label available here or by registered mail with acknowledgement of receipt to the following address
Beauty Institute COSMEDICA
19 Victor Hugo Boulevard
06000 NICE
FRANCE
The COSMEDICA Beauty Salon does not accept parcels or mail addressed postage due.
If the Buyer or the recipient of the Order does not demonstrate that he has actually insured the deposit of the product with a carrier or with a store, any risk linked to the return of a product is the responsibility of the Buyer or the recipient of the Order.
Download the return form to be inserted in the parcel.
The right of withdrawal can be exercised online, using the withdrawal form available here and according to the conditions attached thereto:
Cancellation form
In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the Buyer.
Any other method of declaration of withdrawal is accepted.
It must be unambiguous and express the willingness to withdraw.
The COSMEDICA Beauty Salon cannot be held responsible in case of loss, sending to the wrong address or late delivery of a Product that the Buyer wishes to return, the risks of transport remaining exclusively at the Buyer’s expense.
The exchange (subject to availability) or refund will be made within a maximum of 14 days from the date of receipt, by the COSMEDICA Beauty Salon, of the products returned by the Purchaser under the conditions provided for above.
16. Force majeure
Any circumstances beyond the control of the Parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the Parties’ obligations and shall lead to their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, pandemic, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
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 be continued.
If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
17. Intellectual Property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights on this content.
The Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
18. Information Technology and Freedoms
The personal data provided by the Buyer are necessary for processing his order and for the preparation of invoices.
For more information, please refer to the “Personal data” section.
19. Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
20. Language of the contract
The present General Terms and Conditions of Sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
21. Applicable law
These General Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
The same applies to the substantive rules as to the rules of form.
In the event of a dispute or claim, the Buyer shall first contact the Seller to obtain an amicable solution.