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General Terms and conditions of sale These General Terms and Conditions of Sale (hereafter the "General Terms and Conditions") apply to any purchase made by any individual (hereafter the "CUSTOMER") on the http://www.kairly-paris.com website (hereafter the "WEBSITE") from CABINET CONTINENTAL /LABO DERMA, SAS, registered with the Companies Register of Paris under number 338780984 and whose registered office is located at 17 rue du Colisée - 75010 Paris, France. Tel: +33 (0)557526666, Fax: + 33(0)557526969, email: contact@kairly-paris.com (hereafter the "SELLER"). PLEASE NOTE Any order placed on the WEBSITE necessarily implies the CUSTOMER unconditionally accepts these General Terms and Conditions. ARTICLE 1. DEFINITIONS The terms used hereafter in these General Terms and Conditions bear the following meanings: "CUSTOMER": means the SELLER's contracting partner, who guarantees that he is a consumer, as defined by French laws and case law. As such, it is expressly agreed that the CUSTOMER is not acting in any business or commercial capacity. "DELIVERY": means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time the order was placed. "PRODUCTS": means all of the products available on the WEBSITE. "TERRITORY": means:
ARTICLE 2. OBJECT These General Terms and Conditions govern the sale by the SELLER of the PRODUCTS to its CUSTOMERS. The CUSTOMER is clearly informed and acknowledges the fact that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department to benefit from different contractual arrangements. ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS The CUSTOMER undertakes to carefully read these General Terms and Conditions, and to accept them before proceeding with payment of an order for PRODUCTS placed on the WEBSITE. Reference is made to these General Terms and Conditions at the bottom of each of the WEBSITE's pages by way of a link and must be read before placing an order. The CUSTOMER is asked to carefully read, download and print the General Terms and Conditions, and to retain a copy thereof. The SELLER recommends the CUSTOMER read the General Terms and Conditions before placing every new order, as the latest version of said General Terms and Conditions applies to any new order of PRODUCTS. By clicking on the first button to place the order, then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions unconditionally and without limitation. ARTICLE 4. PURCHASING PRODUCTS ON THE WEBSITE To be eligible to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have full legal capacity; if the CUSTOMER is not of legal age, they must prove they have obtained the permission of their legal guardians. The CUSTOMER will be asked to provide information relating to their identity by filling in the form available on the WEBSITE. The (*) symbol indicates mandatory fields that must be filled in so that the SELLER can process the CUSTOMER's order. The CUSTOMER can check the status of the order on the WEBSITE. DELIVERIES may be tracked, when applicable, by using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by email at contact@kairly-paris.com for information on the status of their order. The information the CUSTOMER provides the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm their identity, eligibility and the information provided by any appropriate means. ARTICLE 5. ORDERS Article 5.1. Product specifications The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the factsheets available on the WEBSITE) and the mandatory information the CUSTOMER must receive under applicable laws. The CUSTOMER undertakes to carefully read this information before placing an order on the WEBSITE. Unless expressly indicated otherwise on the WEBSITE, all of the PRODUCTS sold by the SELLER are new and comply with European laws in effect and the standards that apply in France. Article 5.2. Order process PRODUCT orders are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below: Selection of PRODUCTS and purchasing options The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and by selecting the characteristics and quantities required. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER may then add as many PRODUCTS to the basket as required. All the information, photos and lists of ingredients are provided for information only and are in no way contractually binding. Orders Once the PRODUCTS have been selected and placed in the basket, the CUSTOMER must click on the basket and ensure that the content of the order is correct. If the CUSTOMER has not done so yet, they will be invited to log in or register. Once the CUSTOMER has approved the content of the basket and logged in/registered, an online form that is automatically completed and summarizes the price, applicable taxes and, if applicable, delivery charges, will be displayed. The CUSTOMER is asked to check the content of the order (including the quantity, characteristics and references for the PRODUCTS ordered, the invoicing address, the payment method and the price) before validating its content. The CUSTOMER may then proceed with payment of the PRODUCTS by following the instructions set out on the WEBSITE and providing all the information required for the invoice and DELIVERY of the PRODUCTS. With regard to PRODUCTS for which options are available, these specific references appear when the appropriate options have been selected. The orders placed must include all the information required to properly process the order. The CUSTOMER must also select a delivery method. Confirmation of receipt Once all of the steps described above have been completed, a page appears on the WEBSITE to confirm receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order is sent automatically to the CUSTOMER by email, provided that the email indicated in the registration form is accurate. The SELLER does not send an order confirmation by postal mail or fax. Invoicing When placing the order, the CUSTOMER must enter the information required for invoicing. (The (*) symbol indicates the mandatory fields that must be filled in to enable the SELLER to process the CUSTOMER's order.) Specifically, the CUSTOMER must clearly indicate all of the information related to the DELIVERY, in particular the exact DELIVERY address, as well as any potential code to gain access at the DELIVERY address. The CUSTOMER must also indicate the payment method selected. Neither the purchase order that the CUSTOMER places online nor the confirmation of receipt of the order that the SELLER sends the CUSTOMER by email constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS in their customer space. Article 5.3. Order date The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE only start to take effect as of said date. Article 5.4. Price The CUSTOMER will find the prices for all PRODUCTS in euros, including all taxes, on the WEBSITE, as well as applicable delivery charges (based on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or delivery method selected). Prices include, in particular, value-added tax (VAT) at the rate in effect on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS as of the effective date of the new rate. The applicable VAT rate is set out as a percentage of the value of the PRODUCT sold. The prices charged by the SELLER's suppliers may change. Therefore, the prices on the WEBSITE may change. They may also change in the event of special offers or sales. The prices indicated are valid, except in the event of a serious error. The price that applies is the one indicated on the WEBSITE on the date the CUSTOMER places the order. Article 5.5. PRODUCT availability The professional undertakes to deliver the PRODUCT on the date or by the deadline indicated to the CUSTOMER unless the parties agree otherwise. The unavailability of a PRODUCT is, in principle, indicated on the page for the PRODUCT in question. The SELLER may also inform CUSTOMERS that a PRODUCT is once again in stock. In any event, if the unavailability of a PRODUCT is not indicated at the time an order is placed, the SELLER undertakes to inform the CUSTOMER thereof forthwith if the PRODUCT is unavailable. If a PRODUCT is unavailable, the SELLER may, if the parties agree thereto, propose an alternative PRODUCT whose quality and price are equivalent, which the CUSTOMER accepts. If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, they will be reimbursed for all of the sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of the payment. ARTICLE 6. RIGHT TO CANCEL The terms of the right to cancel are provided in the "Cancellation Policy" attached as Appendix 1 hereto. ARTICLE 7. PAYMENT Article 7.1. Payment methods The CUSTOMER may pay for the PRODUCTS online on the WEBSITE with one of the methods the SELLER proposes. The CUSTOMER guarantees that they have all of the authorizations required to use the payment method selected. The SELLER will take all measures required to ensure the safety and confidentiality of the data transmitted online as part of the online payment on the WEBSITE. In this regard, it should be noted that all of the information related to the payment provided on the WEBSITE will be transmitted to the WEBSITE's bank and will not be processed on the WEBSITE. Article 7.2. Payment date In the case of payment by credit card only, the CUSTOMER's account will be debited as soon as the PRODUCTS are ordered on the WEBSITE. In the case of a partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, reimbursement will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions. Article 7.3. Payment delay or refusal If, - payment is cancelled or refused, or if the funds due by the CUSTOMER cannot be transferred for any other reason whatsoever, the order will be cancelled, and the sale will automatically be cancelled as well. ARTICLE 8. PROOF AND ARCHIVING Any contract entered into with the CUSTOMER that corresponds to an order of an amount exceeding €120 (including tax) will be archived by the SELLER for ten (10) years, in accordance with Article L. 213-1 of the Consumer Code. The SELLER agrees to archive this information in order to track transactions and to produce a copy of the contract at the CUSTOMER's request. In the event of a dispute, the SELLER will be given the opportunity to prove that its e-tracking system is reliable and guarantees the legality of the transaction. ARTICLE 9. TRANSFER OF OWNERSHIP The SELLER retains ownership of the PRODUCTS delivered until they have been fully paid for by the CUSTOMER. The terms above do not constitute an obstacle to the transfer to the CUSTOMER, at the time of receipt by the CUSTOMER or a third party appointed by them other than the carrier, of the risks of loss or damage to the PRODUCTS that are the subject of the ownership reservation, as well as the risks of damage they may cause. ARTICLE 10. DELIVERY DELIVERY methods for the PRODUCTS are set out in the "Delivery Policy" attached as Appendix 2 hereto and can be accessed at the bottom of each of the WEBSITE pages via a hypertext link. ARTICLE 11. PACKAGING The PRODUCTS will be packaged in accordance with shipping standards in effect so as to guarantee optimal protection of the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when they return PRODUCTS in accordance with the terms of Appendix 1 - Cancellation Policy. ARTICLE 12. GUARANTEES In addition to the commercial guarantees that the SELLER may offer for certain PRODUCTS, all CUSTOMERS are protected by the "legal" guarantees for all of the products, which are listed below, in accordance with Article L. 111-1 of the Consumer Code. Article 12.1. Product conformity guarantee Article L. 217-4 of the Consumer Code states: "The seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of delivery. The seller is also responsible for any defects in conformity resulting from the packaging, assembly or installation in the case where it is responsible for the installation pursuant to the contract or the installation was performed under its responsibility." Article L. 217-5 of the Consumer Code states: "The good complies with the contract: 1° When it is suitable for the customary use of a similar good and, if applicable: it corresponds to the description provided by the seller and possesses the qualities given to the buyer in the form of a sample or a model; it presents the characteristics a buyer may legitimately expect as a result of public declarations made by the seller, the manufacturer or its representative, in particular through advertising or on labels; 2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the seller has accepted." The SELLER may be liable for conformity defects that exist at the time of delivery and conformity defects resulting from packaging, assembly instructions or installation when it is responsible for installation or the installation was performed under its responsibility. A legal action on the grounds of a conformity defect must be initiated within two (2) years of the date the PRODUCT is delivered (Article L. 217-12 of the Consumer Code). If a conformity defect is identified, the CUSTOMER may request a replacement or repairs to the PRODUCT at their own discretion. However, if the cost of the CUSTOMER's choice is obviously out of proportion as compared to the other potential option in light of the value of the PRODUCT or the scope of the defect, the SELLER may proceed with a reimbursement and not the option selected by the CUSTOMER. If the PRODUCT cannot be replaced or repaired, the SELLER undertakes to reimburse the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 14 avenue Henri Beaudelet – 77330 Ozoir La Ferrière, France. Finally, the CUSTOMER is not obliged to provide proof of the existence of the PRODUCT's conformity defect within the twenty-four (24) months that follow delivery of the PRODUCT, except for second-hand goods for which this period is six (6) months (Article L. 217-7 of the Consumer Code). It is to be noted that this legal conformity guarantee applies irrespective of the commercial guarantee that may be granted with regard to the PRODUCTS. Article 12.2. Hidden defect guarantee The SELLER is bound by a guarantee covering hidden defects in a PRODUCT sold that cause the PRODUCT to be improper for its intended use or that reduces said use to such an extent that the CUSTOMER would not have purchased it or would have purchased it at a lower price having been aware of said defects (Article 1641 of the Civil Code). This guarantee allows a CUSTOMER who can prove that a hidden defect exists to choose between the reimbursement of the PRODUCT price, if the PRODUCT is returned, and the reimbursement of a portion of its price if the PRODUCT is not returned. If a replacement or repairs are not possible, the SELLER undertakes to reimburse the price of the PRODUCT within thirty (30) days of the PRODUCT's return in exchange for the PRODUCT being returned by the CUSTOMER to the following address: 14 avenue Henri Beaudelet – 77330 Ozoir La Ferrière, France. A legal action on the grounds of hidden defects must be initiated by the CUSTOMER within a period of two (2) years from the date the defect was discovered (Paragraph 1 of Article 1648 of the Civil Code). ARTICLE 13. LIABILITY The SELLER may in no case be held liable for the non-fulfilment or poor fulfilment of the contractual obligations incumbent on the CUSTOMER, in particular when entering the order. The SELLER may not be held liable or considered to have breached the present terms for any delay or non-performance when the cause of the delay or non-performance results from a force majeure event, as force majeure is defined in the case law of French courts. It is also to be noted that the SELLER has no control over the websites directly or indirectly linked to the WEBSITE. It therefore declines all liability regarding the information published thereon. The links to third-party websites are provided for information only and no guarantee is offered in relation to their content. ARTICLE 14. FORCE MAJEURE The SELLER may not be held liable for the non-fulfilment or delay in fulfilment of any of its obligations under these General Terms and Conditions if a force majeure event occurs. In contractual terms, a force majeure event occurs is defined as an event outside of the control of the contracting party, which could not reasonably have been foreseen when the contract was entered into, and the effects of which cannot be avoided by taking appropriate measures, thereby preventing the contracting party from fulfilling its obligations. If the contracting party is prevented from fulfilling said obligations temporarily, compliance with the obligation is suspended unless the resulting delay justifies terminating the contract. If the contracting party is permanently prevented from fulfilling its obligations, the contract is terminated as of right and the parties are released from their obligations pursuant to the terms of Articles 1351 and 1351-1 of the Civil Code. In this regard, the SELLER may not be held liable in the event of hacker attacks, the unavailability of hardware, supplies, spare parts, personal equipment or other types of equipment, an interruption in electronic communication networks, and any circumstance or event outside of the SELLER's control that occurs after the General Terms and Conditions have been accepted and that prevents the performance of the contract under normal conditions. It is to be noted that, in this type of situation, the CUSTOMER may not claim the payment of any compensation and may not take legal action against the SELLER. If one of the above-mentioned events occurs, the SELLER will attempt to inform the CUSTOMER thereof as soon as possible. ARTICLE 15. PERSONAL INFORMATION The SELLER collects personal data on its CUSTOMERS via the WEBSITE, including by way of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser. The data collected by the SELLER are used to process the orders placed on the WEBSITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has expressly selected this option, send the CUSTOMER commercial prospecting emails, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wants to receive such communications from the SELLER. The SELLER retains the CUSTOMER's information and treats it as confidential for the needs of the contract, the performance of the contract and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The SELLER will specifically ask CUSTOMERS whether they want their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS whether they want to receive commercial solicitation emails from its partners. In accordance with Law No. 78-17 of 6 January 1978 related to data, files and privacy (Loi relative à l'informatique, aux fichiers et aux libertés) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the SELLER ensures compliance with the rights of the persons concerned. It is to be noted that the CUSTOMER whose personal data are processed has a right to access, correct, update, transfer and delete their personal information in accordance with the terms of Articles 39 and 40 of the Law related to data, files and privacy, as amended, and the terms of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR). Pursuant to the terms of Article 38 of the Law on data, files and privacy, as amended, and the terms of Article 21 of the GDPR, the CUSTOMER may also oppose the processing of personal data for legitimate reasons, without being required to provide an explanation or pay costs. The CUSTOMER may exercise these rights by sending an email to contact@kairly-paris.com or a letter to 17 rue du Colisée - 75010 Paris, France. It is to be noted that the CUSTOMER must provide ID either by scanning a piece of ID or by sending a photocopy of their ID to the SELLER. ARTICLE 16. CLAIMS The SELLER's "Customer Service" is available to help the CUSTOMER at the following address: contact@kairly-paris.com. ARTICLE 17. INTELLECTUAL PROPERTY All of the visual and sound elements on the WEBSITE, including the underlying technology used, are protected by copyrights, trademark rights and/or patents. The SELLER has exclusive ownership of these elements. Any person who publishes a website and wants to create a direct hypertext link to the WEBSITE must request the SELLER's authorization in writing. The SELLER's authorization will not be granted on a permanent basis. This link must be removed at the SELLER's request. Hypertext links to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited. Any full or partial representation or reproduction of the WEBSITE and its content by any process whatsoever, without the SELLER's prior express authorization, is prohibited and constitutes an infringement subject to the penalties provided in Articles L. 335-2 et seq. and Articles L. 713-1 et seq. of the Intellectual Property Code. Acceptance of these General Terms and Conditions implies the CUSTOMER's acknowledgement of the SELLER's intellectual property rights and their undertaking to comply therewith. ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS Any change to the laws or regulations in effect or any decision by a competent court that invalidates one or more clauses herein does not affect the validity of these General Terms and Conditions. Such a change or decision in no way authorizes CUSTOMERS to disregard the present General Terms and Conditions. For companies whose registered office is located in France, all of the terms and conditions that are not expressly set out herein will be governed in accordance with practices in the retail sector. ARTICLE 19. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS These General Terms and Conditions apply to all purchases made online on the WEBSITE as long as the WEBSITE is available online. The General Terms and Conditions bear a precise date and may be amended and updated by the SELLER at any time. The General Terms and Conditions that apply are those in effect at the time an order is placed. Amendments to the General Terms and Conditions will not apply to PRODUCTS that have already been purchased. ARTICLE 20. JURISDICTION AND APPLICABLE LAW THESE GENERAL TERMS AND CONDITIONS, AS WELL AS RELATIONS BETWEEN THE CUSTOMER AND THE SELLER, ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, FRENCH COURTS WILL HAVE EXCLUSIVE JURISDICTION. However, before seeking arbitration or bringing the dispute before the courts, the CUSTOMER is invited to contact the SELLER's claims department. If no agreement is reached or if the CUSTOMER can prove they first attempted to resolve the dispute directly with the SELLER by filing a written claim, an optional mediation procedure will be proposed, conducted in a spirit of fairness and good faith, in order to reach an amicable agreement to any dispute arising as a result of the present contract, including with regard to its validity. The party who wishes to initiate the mediation procedure must first inform the other party thereof by registered letter with a request for an acknowledgement of receipt and provide details on the dispute. Mediation is not mandatory, and the CUSTOMER or SELLER may withdraw from the process at any time. IF MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE THAT COULD HAVE LED TO MEDIATION WILL BE BROUGHT BEFORE THE COMPETENT COURTS REFERRED TO ABOVE. APPENDIX 1 CANCELLATION POLICY Cancellation principle As a matter of principle, a CUSTOMER is entitled to cancel an order by returning the PRODUCT to the SELLER. For this purpose, the PRODUCT must be returned without undue delay and at the latest within fourteen (14) days of communication of the decision to cancel unless the SELLER offers to retrieve the PRODUCT itself. Cancellation deadline In accordance with Article L. 221-18 of the Consumer Code, the cancellation period expires fourteen (14) days after the day the CUSTOMER, or a third party appointed by the CUSTOMER other than the carrier, physically takes possession of the PRODUCT. If the CUSTOMER ordered multiple PRODUCTS in a single order, resulting in multiple DELIVERIES (or, in the case of an order for a single PRODUCT delivered in multiple batches), the cancellation period will expire fourteen (14) days after the day the CUSTOMER, or a third party appointed by the CUSTOMER other than the carrier, physically takes possession of the last PRODUCT delivered. If the CUSTOMER's order includes multiple PRODUCTS and if these PRODUCTS are delivered separately, the cancellation deadline expires fourteen (14) days after the CUSTOMER, or a third party appointed by the CUSTOMER other than the carrier, physically takes possession of the last PRODUCT delivered. Notification of the right of cancellation To exercise the right to cancel, pursuant to Article L. 221-21 of the Consumer Code, the CUSTOMER must notify the SELLER of the decision to cancel the order by sending an unambiguous declaration (for example, a letter sent by postal mail or fax, or an email) to Kairly Paris rue des Maraîchers - 33260 La Teste de Buch, France or contact@kairly-paris.com. The CUSTOMER may also use the form set out below: CANCELLATION FORM To the attention of: CABINET CONTINENTAL /LABO DERMA SELLER's telephone number: +33(0)557526666 SELLER's fax number: +33(0)557526969 SELLER's email address: contact@kairly-paris.com I hereby notify you that I wish to cancel the contract related to the sale of the PRODUCT referred to below: PRODUCT reference Invoice no.: Purchase order no.: Ordered on [ ]/received on [ ] Payment method used: CUSTOMER's name and, if applicable, the order beneficiary: CUSTOMER's address: Delivery address: CUSTOMER's signature (unless sent by email) Date To comply with the cancellation deadline, the CUSTOMER must send notice that they will exercise the right of cancellation before the expiry of the cancellation deadline. Effects of the cancellation If the CUSTOMER exercises their right of cancellation, the SELLER undertakes to reimburse all the sums paid, including delivery charges (with the exception of additional charges that result from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER, if applicable), without undue delay and, in any event, at the latest fourteen (14) days from the day the SELLER receives the PRODUCT returned (Article L. 221-24 of the Consumer Code). The SELLER will proceed with the reimbursement by using the same payment method as the one the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different method. In any event, this reimbursement will not cause any charges to be incurred by the CUSTOMER. The SELLER is not bound to reimburse additional charges if the CUSTOMER expressly selected a delivery method that is more expensive than the standard delivery method offered by the SELLER. The SELLER may defer the reimbursement until the good is received or until the CUSTOMER has provided proof of shipment of the good, the effective date being the date of the first of these events. Return methods Without undue delay, and in any event at the latest fourteen (14) days from the day of communication of the decision to cancel the present contract, the CUSTOMER must return the good to Kairly Paris 18 avenue Henri Beaudelet – 77330 Ozoir La Ferrière, France. This deadline is considered to have been complied with if the CUSTOMER returns the good before the expiry of the fourteen (14) day deadline. Costs of the return The CUSTOMER must pay the direct costs of returning the good. If the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by postal mail, the CUSTOMER must pay the direct costs to return the good. State of the good returned The PRODUCT must be returned in accordance with the SELLER's instructions and include all the accessories delivered. The CUSTOMER may only be held liable for the depreciation of the good resulting from handling other than the handling required to establish the nature, characteristics and proper workings of this PRODUCT. In other words, the CUSTOMER may test the PRODUCT but will be held liable for handling the PRODUCT more than is necessary. APPENDIX 2: DELIVERY POLICY Delivery zone The PRODUCTS offered can only be delivered to areas within the TERRITORY. It is impossible to place an order for any delivery address located outside of this TERRITORY. The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER indicates during the order process. Shipping deadline Orders aregenerally prepared and shipped the day after or 2 days after the order validation(except WE and bank holidays). Orders are shipped from Mondays to Fridays only. No shipping on Saturdays and Sundays. The time lines to prepare an order, then prepare the invoice, before shipping PRODUCTS in stock are indicated on the WEBSITE. Weekends and legal holidays are not included in these time lines. ATTENTION / During holiday periods, the indicative deadlines are not guaranteed by the carriers. An email will be sent to the CUSTOMER automatically when the PRODUCTS are shipped, provided the email address entered into the registration form is correct. Delivery time lines and costs During the order process, the SELLER informs the CUSTOMER of the shipping times and options for the PRODUCTS purchased. Shipping costs are calculated based on the delivery method. The CUSTOMER will owe these costs in addition to the price of the PRODUCTS purchased. Details on the delivery time lines and costs are set out on the WEBSITE. In the absence of an indication of or agreement on the delivery date, the SELLER delivers the PRODUCT with no unjustifiable delay and at the latest thirty (30) days after the contract is entered into (Article L. 216-1 of the Consumer Code). DELIVERY methods The package will be delivered to the CUSTOMER in accordance with the methods chosen when placing the order. DELIVERY problems The CUSTOMER is informed of the approximate delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract. The SELLER will reimburse, without undue delay from receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment used by the CLIENT to purchase products. The SELLER is responsible until the DELIVERY of the PRODUCT to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery. n the case of the loss of parcels, or disputed delivery, the SELLER is responsible for initiating proceedings against the carrier, requesting an investigation into the parcel. The CUSTOMER must provide a copy of his identity document as well as a sworn statement of non-receipt of his package. The SELLER is obliged to respect the deadlines imposed by La Poste or by the carriers concerning the declaration of loss or dispute of delivery, the investigation and the reimbursement/return of the order. In fact, the Buyer is also bound by these deadlines which begin on the date of the report of the problem by email to customer service. The results of the surveys are given by the carriers within a period varying from 2 to 3 weeks. A refund or a new shipment of the order will be offered to the Buyer according to the conclusions of the investigation. The SELLER will do everything possible to satisfy the Buyer and shorten the deadlines. Customs taxes There are no customs duties for products delivered in France or in the European Community. For other countries, customs taxes may be payable. It is up to the Buyer to contact the customs services of his country to make a customs declaration if necessary. The SELLER cannot under any circumstances be held responsible for any additional costs related to these customs taxes. As a reminder, the DOM-TOMs are considered outside the European Union and therefore subject to customs clearance. |