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GENERAL SALES CONDITIONS
1. Purpose
The purpose of these general sales condition is, on one hand, to inform any possible consumer about the conditions and methods under which the seller undertakes the sale and delivery of the products and/or Gift Invitations ordered and, on the other hand, to define the rights and obligations of the parties in the framework of the sale of products and/or Gift Invitations by the seller to the consumer. They apply, without any restrictions or reservations, to all the sales by the Cinq Mondes company of products and/or Gift Invitations proposed on its Internet site. Consequently, the fact of anyone ordering a product or a Gift Invitation proposed for sale by the Cinq Mondes company's Internet site carries with it full and entire acceptance of these general sales conditions, which the Buyer recognizes having perused prior to his or her order. The products and/or Gift Invitations are proposed for sale in the following geographic areas: Germany, Austria, Belgium, Cyprus, Denmark, Dom Tom (Guyana, Guadeloupe, Martinique, New Caledonia), Spain, Estonia, Finland, France, Greece, Hongary, Irland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, Slovenia, Sweden, Bulgaria, Romania, Slovakia. The Buyer, prior to his or her order, states:
- that the purchase of product(s) and/or Gift Invitation(s) on the Cinq Mondes company's Internet site has no direct link with his or her professional activity, and is limited to strictly personal use
- that he or her has full legal capacity permitting him or her to be bound by these general sales conditions.
2. Identity of the Company
Name: LABORATOIRES CINQ MONDES
Address: 6 square de l’Opéra-Louis Jouvet
Postal code: 75009
City: PARIS
Telephone: +33 (0)1 75 000 810
3. Access to the Internet site
It is the Buyer's personal business to put in place computer and telecommunication means permitting access to the Cinq Monde company's Internet site. The telecommunication expenses during access to the Internet and use of the Web site are incumbent on the Buyer.
4. Formation of the Contract and Orders
4.1. Prices
The sales prices of the products and/or Gift Invitations on line on the Cinq Mondes Internet site, shown in euros, are those in effect at the moment when the order form is recorded by the Buyer. They do not include shipping costs, invoiced in addition to the price of the products and/or the Gift Invitation purchased and calculated on the amount of the order and the destination. The prices include, when applicable, the value-added tax (VAT) in effect the day the order is placed and any change in the applicable VAT rate will be automatically reflected on the price of the products and/or Gift Invitations sold by Cinq Mondes on its Internet site. The sales prices of the products and/or Gift Invitations can by modified by Cinq Mondes at any time. The Buyer will be informed of this modification before he or she places any order.
4.2. Characteristics of the products and Gift Invitations
In compliance with Article L.111-1 of the Consumer Code, the Buyer can, prior to his or her order, peruse, on the Cinq Mondes site, the essential characteristics of the products and/or Gift Invitations that he or she wishes to order. The Buyer selects one or more products and/or Gift Invitations from among the different categories proposed on the Cinq Mondes Internet site. Gift Invitations are personal and non-transferable.
4.3. Orders
Any order supposes adherence without any restrictions or reservations to these general sales conditions. As soon as the Buyer has recorded his or her order by clicking on the "Validate" icon, he or she is considered as having accepted with full knowledge and without reservations these general sales conditions, the prices, volumes and quantities of the products and/or Gift Invitations proposed for sale and ordered. The Buyer's order must be confirmed by Cinq Monde, by e-mail. The sale will only be considered final after the Buyer is sent confirmation of the order by Cinq Mondes and the total price is collected by Cinq Mondes. Cinq Mondes recommends that the Buyer keep this information on a paper or computer document.
5. Payment
Payment must be made when the Buyer places his or her order. At no time can the amounts paid be considered deposits or first installments. The collection of the totality of the amount of the order will be done by Cinq Mondes as soon as the order is validated. All orders are payable in euros. To pay for his or her order, the Buyer has all the means of payment mentioned on the order form: on-line credit card. The Buyer guarantees Cinq Mondes that he or she has any possibly necessary authorizations to use the payment method that he or she chooses, during the recording of the order form. Cinq Mondes reserves the right to suspend or cancel any order and/or delivery, whatever its nature and execution level, in the event of non-payment of any sum that is due by the Buyer or in the event of a payment incident. Penalties of an amount equal to the legal interest rate increased by five points are applicable as of right to the unpaid amounts at the end of a period of 10 days following the invoice date or as of notification of the rejection of bank payment for any other means of payment. The delivery of any new order can be suspended in case of the late payment of a previous order and this notwithstanding the stipulations of these documents. Cinq Mondes reserves the right to ask for a photocopy of the Buyer's identification or justifying documents of his or her domicile for any payment by credit card. In the framework of the fight against Internet fraud, the information concerning your order can be transmitted to any third party for verification.
6. Choice of Gift Invitations and Products
The Buyer having perused the products and Gift Invitations and their characteristics marketed by Cinq Mondes has, under his or her sole responsibility and depending on his or her needs as determined beforehand before any order, chosen the product(s) or the Gift Invitation(s) that are the object of the order. Furthermore, the Buyer alone knowing the products and or Gift Invitations that he or she possesses and uses, is the only judge of the compatibility of the products and Gift Invitations ordered with those used by the Buyer. It is exclusively up to the Buyer, if he or she does not believe himself or herself competent, to be aided by an advisor.
7. Delivery and Reception
7.1. General rules
The products and/or Gift Invitations will be delivered to the address indicated by the Buyer on the order form, in metropolitan France and Corsica or for any destination for which the service is available. The Buyer can, at his or her express request, have the invoice sent to the invoicing address and not to the delivery address by checking the option offered for this purpose on the order form. Cinq Mondes uses the regular mail service of La Poste to deliver to its customers. If the procedures presented below are not respected, no claim from the Buyer will be accepted.
7.2. Delivery times
The average delivery times from the moment when the order leaves Cinq Mondes are the following:
- Metropolitan France: normal mail service by La Poste: 48 to 72 hours
- Other destinations: according to the country.
In any event, and in compliance with the stipulations of Article L.121.20.3 of the Consumer Code, the products and Gift Invitations ordered – unless they are unavailable – will be delivered within a maximum of 30 days as of the day after the Buyer has recorded his or her order, subject to complete payment of the price. If the delivery has not been made by the expiration of this period, the Buyer can cancel his or her order. The amounts paid by the Buyer will be returned to him or her without delay, excluding any other indemnification. In the event of lateness vis-à-vis the date initially set, the Buyer must inform Cinq Mondes in writing (regular mail, fax, e-mail) so that the Company can improve the quality of service that can be proposed to the Buyer and permit it to initiate an inquiry at La Poste. An inquiry at La Poste can last 21 business days. If during this period the products and/or Gift Invitations are found, they will immediately be forwarded to the delivery address indicated on the order form. On the other hand, if the products and/or Gift Invitations are not found after this 21-business-day inquiry period, Cinq Mondes will send, at its own expense, a new shipment of the products and/or Gift Invitations ordered by the Buyer.
7.3. Delivery Costs
| DELIVERY COSTS | EXTRA COST | FREE |
|---|---|---|
| France / Monaco | €5; delivery cost for any order < €65; | Free delivery cost for any order > €65; (excluding the orders of one single Gift Certificate for a 50-min spa treatment in Spa Cinq Mondes Lyon or Marseille and the orders of two Gift Certificates for a 20-min spa treatment in Spa Cinq Mondes Lyon) |
| Italy / Dom Tom* | €12; delivery cost for any order < €150; | Free delivery cost for any order > €150; |
| Other Countries** | €10; delivery cost for any order < €150; | Free delivery cost for any order > €150; |
*Guyana, Guadalupe, Martinique, new Caledonia, French Polynesia
**Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden,
7.4. Quality and conformity problems
In the event of a delivery of products and/or Gift Invitations that do not correspond to the order, the Buyer must formulate his or her claim within 10 days as of the reception of the products and/or Gift Invitations. The claims must be sent by registered letter with notice of receipt to the address indicated in paragraph 2 of these documents, and must include:
- the Buyer's contact information
- the order number
- the product and/or Gift Invitation reference
- the reasons for the claim.
8. Right of Retraction
In compliance with Article L.121-16 of the Consumer Code, the Buyer has seven clear days as of the reception date to return, at his or her own expense, the products and/or Gift Invitations ordered, for reimbursement. The products and/or the Gift Invitations must imperatively be returned to Cinq Mondes in perfect condition for resale, in their original condition (packaging, accessories, instructions…), duly sealed, not opened and accompanied by the invoice corresponding to the purchase. The care sessions corresponding to the Gift Invitations must not have been consumed either during the seven-day period, or after this time period. If the products and/or the Gift Invitations include a guarantee form or any other document to be completed, it – so that the Buyer can exercise his or her right of retraction – must not be filled in. Any incomplete, spoiled, damaged product or Gift Invitation or whose original packaging has deteriorated will not be reimbursed or exchanged. The exercise of the right of retraction will give rise to the Buyer's choice:
- either of a reimbursement in cash through recrediting the credit card used during the initial order or, if this is impossible, through a check-letter.
- or of the attribution of a purchase voucher under the conditions set forth in point 9 below.
9. General Reimbursement Conditions
Subject to the special stipulations in point 8 above for the specific case of retraction, any reimbursement incumbent on Cinq Mondes will be made in the form of a purchase voucher to be credited on our site. In all cases, Cinq Mondes will communicate, when this purchase voucher is attributed, by e-mail:
- its period of validity
- the Buyer's possibility or not of asking for a reimbursement
- its amount
10. Ownership Retention
Cinq Mondes retains full and entire ownership of the products and/or Gift Invitations sold until the price, in principal, expenses and taxes included, has been totally collected.
11. Guarantee
No return will be accepted without prior authorization from Cinq Mondes. If the products and/or Gift Invitations are acknowledges as not in conformity, Cinq Mondes will transmit to the Buyer a return number for the products and/or Gift Invitations. This return number, a determining and indispensable condition, is valid for seven business days as of the communication of the return number by Cinq Mondes to the Buyer. After this period, the Buyer must renew his or her request, according to the procedure described above. Defective products and/or Gift Invitations must be returned in their original packaging, including the entire product and/or Gift Invitation and its accessories, and must be accompanied by the legible return number of the product and/or Gift Invitation communicated by Cinq Mondes and the product or Gift Invitation series number. Any incomplete, spoiled, damaged product or Gift Invitation or whose original packaging has deteriorated will not be reimbursed or exchanged in the framework of the guarantee. Any expense or risk linked to the return of the products and/or Gift Invitations is the responsibility of the Buyer. Cinq Mondes only guarantees the Buyer, in the framework of hidden defects that could affect the products or Gift Invitations delivered as a replacement of the defective products or Gift Invitations, without it being able to be considered by the Buyer as responsible for any possible harmful consequences that these hidden defects could bring about.
12. Liability
The products and Gift Invitations proposed by Cinq Mondes are in compliance with French legislation in effect. Cinq Mondes cannot be held liable for the non-fulfillment of the contract in the event of force majeure, disturbances or a total or partial strike notably on the part of the postal services and any means transportation and/or communication. Cinq Mondes cannot be held liable for any consequential damage that could occur from purchasing the products and/or Gift Invitations. Cinq Mondes cannot be liable for any loss of data or files. It is the Buyer's responsibility to undertake all the necessary backups. The total or partial impossibility of using the products and/or Gift Invitations notably due to an incompatibility of equipment cannot involve Cinq Monde's responsibility or give rise to any compensation or reimbursement. The Cinq Mondes site also contains information from third parties and links to other Internet sites. Cinq Mondes can in no case be held liable for damage resulting from the use of, access to or incapacity to use this third-party information, or for the content of other Internet sites.
Cinq Mondes cannot be responsible if customs fees have to be applied in your country of delivery
13. Partial Invalidity
If one or more stipulations of these general sales conditions are considered invalid or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and scope.
14. Non-Waiver
The fact for one of the parties to not invoke a breach by the other party for any of the obligations whatsoever referred to in these general sales conditions cannot be interpreted for the future as a waiver of the obligation in question.
15. Applicable Law
The sale of products and/or Gift Invitations of the Cinq Mondes company are subject to French law.
16. Information and Freedoms
The information collected by Cinq Mondes during any order by the Buyer is necessary for the management of his or her order by Cinq Mondes and its commercial partners. In compliance with the Information and Freedoms law no. 78-17 of January 6, 1978, the Buyer has a right of access, rectification, opposition and removal of the data concerning him or her from Cinq Monde. Through the intermediary of Cinq Mondes, the Buyer can receive commercial proposals from other organizations or companies, or be informed about Cinq Mondes offers. If the Buyer wishes to not receive these proposals, he or she can inform Cinq Mondes by mail. Only the French version of these general sales conditions is valid under French law. The English version is provided for information only.
17. Report a side effect
Your data are processed by Laboratoires Cinq Mondes in the context of the management and monitoring of legal vigilance. The information collected will be computerised, respecting medical confidentiality and may be communicated to the Competent Authority concerned. The data recorded which concern you or the patient are used for strictly internal purposes of the company by authorized persons (Regulatory Affairs). You can access, rectify your data and define directives in case of death by writing to the Regulatory Affairs Department by email at [email protected] or by sending a post to the following address: Cinq Mondes, Regulatory Affairs Department, Avenue du Géneral de Gaulle 14200, Hérouville Saint-Clair. For more information on the processing of your data, please consult our "Vigilance Information Notice" available on request.