Terms and Conditions

GENERAL TERMS AND CONDITIONS OF USE & GENERAL TERMS AND CONDITIONS OF SALE

The company Laboratoire NividiSkin, SAS with capital of 1,000 Euros, whose head office is in Kernigou, registered with the RCS of Brest under number 883 232 159 (hereinafter the “Company”), has developed the NividiSkin® range of cosmetic products, sold in particular on the website www.nividiskin.com (hereinafter the “Site”).

The general conditions of use of the Site are composed of the Conditions of Use of the Site and the General Conditions of Sale of its online store, as they appear below.

Browsing the Site constitutes unreserved acceptance of these Terms of Use of the Site and General Terms and Conditions of Sale of the online store. Consequently, by accessing the Site, you agree to comply with and respect the conditions defined below.

GENERAL CONDITIONS OF USE OF THE SITE

Last updated on 01/26/2024

As a user of the Site, you acknowledge having read the conditions of use of the Site (hereinafter the “Conditions of Use”), and you agree to comply with them.

The Terms of Use are binding on all users from the moment they first visit the Site. They may be subject to change, and we encourage you to consult them regularly. If you notice an error or omission, please do not hesitate to notify us at the following address: contact@nividiskin.com

As a user of the Site, you acknowledge that you have the necessary means to access and use the Site, and you acknowledge that you have verified that the computer configuration used does not contain any viruses of any kind and that it is in perfect working order.

The Company undertakes to make its best efforts to ensure that users have access to the Site at all times. The Company shall not be held liable in the event of unavailability of the Site due to the unforeseeable and insurmountable actions of a third party or a case of force majeure.

The Company makes every effort to provide users with reliable information and available tools. The Company cannot guarantee that all information contained on the Site is exhaustive and up-to-date, and that the Site is free of viruses or other destructive materials, this limitation of liability applying to the fullest extent permitted by law.

The information provided by the Company is for informational purposes only and does not exempt the user from additional, personalized analysis. The Company cannot guarantee the completeness and timeliness of the information published on the Site. The user acknowledges that they use this information at their own risk.

Links directly or indirectly connected to the Site are not under the control of the Company. Consequently, the Company cannot guarantee the accuracy of the information on these other websites, and cannot be held responsible for errors or inaccuracies, a lack of availability of information and/or the presence of viruses on these third-party sites.

The user of the Site is required to comply with the applicable legal provisions, the violation of which may be punishable by criminal sanctions. In particular, he must refrain from any collection and/or misuse of the information to which he accesses and, in general, from any act likely to infringe the privacy or reputation of any person, natural or legal.

Access to the Site grants the user a private and non-exclusive right to use the Site. The user of the Site undertakes to respect all intellectual property rights attached to the Site, as set out in the Site's Legal Notices .

Any total or partial representation of the Site or establishment of a hypertext link (or other) to the Site, without the express written authorization of the Company, is prohibited and would constitute in particular an infringement punishable by articles L.335-2 and following of the Intellectual Property Code.

GENERAL TERMS AND CONDITIONS OF SALE FOR THE ONLINE COMMERCIAL STORE

Last updated on 01/26/2024

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply to any sale concluded between: on the one hand, the Company and on the other hand, any natural or legal person wishing to make a purchase via the Site (hereinafter the “Buyer”).

  1. Object

The General Terms and Conditions of Sale aim to define the contractual relationship between the Company and the Buyer and the conditions applicable to any purchase made through the Site. The acquisition of one or more products (hereinafter the “Product(s)”) through the Site implies unreserved acceptance by the Buyer of the General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing his order.

Before any transaction, the Buyer declares on the one hand that the purchase of products on the Site is not directly related to his professional activity and is limited to strictly personal use, and on the other hand, to have full legal capacity allowing him to commit to the General Conditions of Sale.

The Company reserves the right to modify the General Conditions of Sale at any time, in order to comply with any new regulations or to improve the use of the Site. Therefore, the applicable conditions will be those in force on the date of the order by the Buyer.

  1. Product Features

The Products offered are those which appear in the catalog published on the Site.
These Products are offered while stocks last. The Company reserves the right to modify the assortment or range of Products at any time.

Each Product is accompanied by a description drawn up by the Company and a photograph as faithful as possible, but cannot guarantee perfect similarity with the Product offered, particularly with regard to the packaging of the Products.

  1. Rates

The prices listed in the catalog are inclusive of VAT in euros, taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the Products.

The Company reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer.

The prices indicated do not include delivery costs, which are charged in addition to the price of the Products purchased depending on the weight of the order and the delivery address. For all orders over 50 euros including tax, delivery is free. Delivery costs/or the absence of delivery costs will be indicated before the order is confirmed by the Buyer.

  1. Geographic area

The online sale of the Products presented on the Site is intended for all Buyers residing in countries that fully authorize the entry of these Products into their territory.

  1. Orders

The Buyer, who wishes to purchase a Product, must:

  • Complete the identification form on which he will indicate all the requested contact details and/or provide his username (email address);
  • Complete the online order form, indicating all the references of the chosen Products;
  • Validate your order after having checked it; and
  • Make the payment online under the conditions provided.
  1. Confirm your order and payment

Confirmation of the order entails acceptance of the General Conditions of Sale, recognition of having fully understood them, and waiver of the right to invoke other conditions of purchase.

All data provided and the recorded confirmation constitute proof of the transaction. Confirmation will be deemed to be a signature and acceptance of the operations carried out.

The Company will communicate confirmation of the recorded order to the Buyer by email.

  1. Withdrawal-Return of unopened Product

For any unopened Product (Product seal not removed), the Buyer has a period of fourteen (14) clear days from receipt of the Product(s) ordered to exercise his right of withdrawal. He must first inform the Company of his decision to withdraw, specifying by email to the following address contact@nividiskin.com :

  • the Product(s) concerned,
  • the reasons for his return.

Within fourteen (14 days) of communicating his decision to withdraw to the Company, the Buyer must then return, at his own expense, in his original packaging, the Product(s) concerned to the Company for reimbursement, without penalty, to the following address:

NividiSkin Laboratory

Kernigou – 29242 Ouessant Island

The Buyer may also use, if he wishes, the model withdrawal form appearing in the Appendix below.

In accordance with the provisions of Article L. 221-28 of the Consumer Code, all Products which have been opened by the buyer after receipt of delivery cannot be subject to a right of withdrawal or give rise to a refund.

In the event that the above withdrawal conditions are met, the Company will reimburse the buyer for all sums paid as soon as possible, and at the latest within fourteen (14) days following the date on which the Company was informed of its decision to exercise its right of withdrawal, subject to receipt of the returned Product during this period. Otherwise, the reimbursement will be deferred until recovery of the returned Product(s). The delivery costs of the initial shipment will be included in the reimbursement, excluding the return costs which will remain the responsibility of the Buyer.

  1. Legal guarantees of conformity and hidden defects

The Buyer benefits from the legal guarantee provided for by articles 1641 et seq. of the Civil Code for defects in the item sold and the legal guarantee of conformity (article L.217-3 et seq. of the Consumer Code).

The Buyer has a period of two (2) years to act under the legal guarantee of conformity, from the delivery of the Product(s). The Buyer is exempt from providing proof of non-conformity for a period of six (6) months from receipt of the Product(s).

In the event of non-conformity, the Buyer may choose between reimbursement or replacement of the Product(s) according to the conditions provided for in article L.217-9 of the Consumer Code.

In the event of an action under the legal guarantee for defects in the item sold, the buyer may choose between cancellation of the sale or reduction of the sale price.

Pursuant to Article D.211-2 of the Consumer Code, the terms of implementation of legal guarantees are as follows:

"The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.

If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover ( Article L. 241-5 of the Consumer Code ).

The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund upon return of the good.

  1. Payment terms

The Site offers the Buyer the possibility of ordering using the means of their choice:

  • By Internet: follow the ordering and payment instructions set out on the Site during the ordering process;
  • By mail: Place your order online as usual, then print out the completed order with your references. The order will be sent in a stamped envelope at the current rate to the following address: Laboratoire Nividiskin – Kernigou – 29242 Ouessant, accompanied by a check for the total amount of the order. Checks should be made payable to Laboratoire Nividiskin. Do not send cash.

The total amount of the order is due upon ordering.

Payments made by credit card will be made through a secure payment system managed by Shopify: all information transmitted is encrypted by software and no third party can read it during transport over the network.

Regardless of the payment method, the Buyer's account will only be debited upon dispatch of the available Products and only up to the amount of the Products sent and delivery costs where applicable.

The invoice will then be sent to the Buyer by email to the email address provided by the Buyer when ordering.

  1. Delivery of Products

Deliveries are made to the address indicated in the order, which can only be in the geographical area accepted on the Site or in any other area, with the prior agreement of the Company, and in accordance with legal provisions.

The risks associated with the delivery of the Products are borne by the Buyer from the moment the Products leave the Company's premises. In the event of damage to the Products during transport, the Buyer must submit a reasoned written complaint to the carrier within three (3) days of receipt of delivery. The Company shall not be liable under any circumstances for damage to the Products during transport.

Delivery times are given for information purposes only. If they exceed thirty (30) days from the order, the order may be cancelled and the Buyer will be entitled to request a refund.

Orders are shipped in France by "Colissimo with tracking", allowing the Buyer to track the package. The Buyer is delivered to the delivery address indicated in the order. In the event of the Buyer's absence, he will receive a delivery notice allowing him to collect the Products ordered from the postal services, during the period indicated by them.

The Buyer is required to check in the presence of the postal or delivery service agent, the condition of the packaging of the goods and its contents upon delivery.

For certain countries not served by Colissimo, shipments may be made by other means, at the Company's discretion.

  1. Complaint – Mediator

For any complaints, the Buyer is invited to contact the Company as a priority from Monday to Friday except public holidays from 9 a.m. to 7 p.m.:

  • At the following telephone number: 02 98 45 57 46; or
  • To the following email address: contact@nividiskin.com ; or
  • To the following postal address: Laboratoire NividiSkin – Kernigou 29242, Ile d'Ouessant

In the event of failure of the Buyer's complaint or in the absence of a response from the Company within one (1) month following his complaint, and in application of articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code, the Buyer will have the possibility of resorting to mediation to submit the dispute relating to his order or to these General Conditions of Sale to the following mediator:

CMAP - Paris Mediation and Arbitration Center

  • either by completing the following referral form HERE
  • either by sending an email to consommation@cmap.fr
  • either by sending your complaint directly by mail (CMAP – 39 avenue Franklin Delano Roosevelt – 75008 PARIS) with the following elements:
    • the civil status or business name and address of each of the parties
    • the summary subject of the dispute
    • the respective proposals of the parties or the position of the party referring the matter to the Centre
    • the amount in dispute
  1. Opposition to telephone canvassing

In accordance with the provisions of Article L.223-2 of the Consumer Code, if the Buyer does not wish to be the subject of commercial prospecting by telephone, he can register free of charge on the telephone canvassing opposition list on the website https://www.bloctel.gouv.fr/ or by mail addressed to the company Wordline – Service Bloctel – CS 61311 – 41013 Blois Cedex.

  1. Responsibility

The Company is only bound by an obligation of means during the online sales process. It cannot be held liable for any damage resulting from the use of the internet network such as loss of data, intrusion, viruses, service interruption, or other involuntary problems not attributable to its fault.

Neither party shall be held liable for the non-performance of its obligations under the order in the event of the occurrence of an event constituting force majeure. The party invoking force majeure must notify the other party within five (5) working days following the occurrence of this event. The Company and the buyer will consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

Appendix

 

Right of withdrawal form template

Please complete and return this form only if you wish to withdraw from the sale:

For the attention of NividiSkin Laboratory, Kernigou – 29242 Ile d'Ouessant

contact@nividiskin.com

I hereby notify you of my withdrawal from the contract for the sale of the product below:

Ordered on (*) / received on (*):

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.