TERMS AND CONDITIONS OF SALE
LABORATOIRE CIBLE SKIN specializes in treatments for skin health, and its main activity is the research, manufacture and distribution of products for cosmetic use.
As part of its business, LABORATOIRE CIBLE SKIN publishes the website www.cibleskin.com, which enables the presentation and sale of its cosmetic treatments.
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the www.cibleskin.com website.
The Products offered for sale on the site are as follows: Cosmetics / Care services.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.cibleskin.com website, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.
These terms and conditions are available at any time on the www.cibleskin.com website and shall prevail over any other document.
The customer declares that he/she has read and accepted these GTC by ticking the appropriate box before placing an order on the cibleskin.com website.
Furthermore, the Seller reserves the right to modify these GTC at any time.
Only the GTC in force at the time of the order are applicable.
The nullity of a clause in the GTCS does not entail the nullity of the GTCS.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
LABORATOIRE CIBLE SKIN
31, rue François 1er – 75008 PARIS
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the customer.
ARTICLE 2 - PRODUCTS
The products offered for sale by LABORATOIRE CIBLE SKIN are described in accordance with article L.111-1 of the French Consumer Code.
In the case of an unavailability in the stocks for the ordered Product, the company LABORATOIRE CIBLE SKIN makes a commitment to propose a product of equivalent replacement of a similar quality or with defect a purchase order corresponding to the engaged expenditure.
Product sales are reserved to individuals for their own personal use and consumption, and to authorized distributors.
ARTICLE 3 - PRICES
The Products are supplied at the prices in force on the cibleskin.com website at the time the order is registered by the Vendor.
Prices are expressed in Euros, excluding and including VAT.
Prices take into account any discounts offered by the Seller on the cibleskin.com website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside their period of validity, to modify them at any time.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 4 – ORDERS
It is the Customer's responsibility to select on the CibleSkin.com website the Products they wish to order, according to the following procedures:
The customer goes to the website, scrolls through the product catalog and adds to his basket the items he has selected to continue shopping. They can then decide to continue as a guest without having to create an account, or they can decide to create an account or log in if they already have an account on the CibleSkin.com site. Once this step has been completed, the customer must answer or verify the information concerning their order before proceeding with final confirmation and payment for the product(s) selected.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will not be considered valid until full payment has been received. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the CibleSkin.com website constitutes the formation of a distance contract between the Customer and the Seller.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The customer can follow the progress of his order on the site.
Any cancellation of the order by the Customer will only be possible prior to delivery of the Products, regardless of the provisions relating to the application or non-application of the legal right of withdrawal.
ARTICLE 5 - TERMS OF PAYMENT
The price is paid by secure payment as follows:
• payment by credit card
• or payment by cheque
• or payment by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed).
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the cibleskin.com website.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 6 – DELIVERIES
Products ordered by the Customer will be delivered in France or in the following zone(s):
EU - UK - USA - CHINA - BRAZIL - CANADA - JAPAN - INDIA - AUSTRALIA.
Delivery times vary according to the service provider used and the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 31 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access.
If the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.
The Vendor also offers free delivery to one of its stores, accessible via the following link or locations: 29, rue François 1er - 75008 PARIS.
In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer must check the condition of the products delivered. He/she has a period of 14 days from delivery to make complaints by telephone, e-mail or post, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.
The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier.
In this case, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 7 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 8 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance with the company LABORATOIRE CIBLE SKIN.
The present right of retractation fixed by the company LABORATOIRE CIBLE SKIN begins to run as from the date of delivery by the Customer for the Cosmetic Products and as from the validation of the order on line for the Services of Care.
Once this period has elapsed, you will no longer be able to exercise your right of retraction on cosmetic products and Care Services booked online.
In the case of a Care Service booked online for a date before the fourteen (14) day deadline, the Customer agrees to waive the right of withdrawal.
Please note that for treatments booked online, it will only be possible to cancel your reservation if the request is made at least 48 hours before the date of the initially scheduled appointment.
The right of withdrawal may be exercised by sending an unambiguous e-mail to firstname.lastname@example.org, expressing the wish to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned, nor can goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection, as is the case for all cosmetics.
Delivery costs are at the customer's expense, unless otherwise indicated at the time of order, as well as any additional costs incurred by the customer for returns, and any taxes or customs duties for the release of returned products.
LABORATOIRE CIBLE SKIN will not be responsible for any loss, damage and/or delays related to returns made from a country outside the Delivery Zone.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article. Once the 7-day right of withdrawal period has expired, the Gift Card cannot be reimbursed, even partially, or exchanged, nor can it give rise to any monetary consideration in any form whatsoever.
ARTICLE 9 - SELLER'S LIABILITY - WARRANTY
Products supplied by the Vendor benefit from:
• The legal warranty of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,
• The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the French Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L217-5 of the French Consumer Code:
"The good conforms to the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Article 1641 of the French Civil Code.
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them."
Article 1648 paragraph 1 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the French Consumer Code.
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair."
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 31 days following the Seller's finding of the non-conformity or hidden defect. Refunds may be made by bank transfer or cheque.
The Vendor cannot be held liable in the following cases:
• Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 10 - PERSONAL DATA
Customers are informed that the collection of their personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.
Collection of personal data
The personal data collected on the Cibleskin.com website is as follows:
- When the Customer orders Products: full name, postal address, telephone number and e-mail address.
- When paying for Products offered on the Cibleskin.com site, the site records financial data relating to the Customer's bank account or credit card.
Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
Limitation of processing
Unless the Customer expresses his/her express consent, his/her personal data will not be used for advertising or marketing purposes.
Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
Enforcement of customer and user rights
In application of the regulations applicable to personal data, customers and users of the Cibleskin.com site have the following rights:
• They may update or delete their personal data as follows:
Simply contact customer service at email@example.com and your request will be processed as soon as possible.
• They can delete their account by writing to the following e-mail address firstname.lastname@example.org;
• They may exercise their right of access to their personal data by writing to email@example.com;
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the e-mail address firstname.lastname@example.org;
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the e-mail address email@example.com;
• They may also request the portability of data held by the Vendor to another service provider;
• Finally, they may object to the processing of their data by the Vendor.
These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must reply within a maximum of one month.
Any refusal to grant the Customer's request must be justified.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL, 3 place de Fontenoy, 75007 PARIS, or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the Cibleskin.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These GCS are written in French.
Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 13 - DISPUTES
For all complaints, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the designated mediator is:
Centre de Médiation et d’Arbitrage de Paris
39 avenue Franklin D. Roosevelt - 75008 Paris
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase or sale transactions concluded in application of these GTS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
Effective October 31, 2022