DIAGMYSKIN sells the products on its online shop only to professionals. Any order that clearly does not correspond to this condition and, more generally, any order that is fraudulent or presumed to be such, will be considered by DIAGMYSKIN as null and void. The buyer, prior to his order, declares to be a professional able to perform a skin diagnosis (pharmacist, institutes, beautician). For the purposes of these General Conditions of Sale, the buyer and DIAGMYSKIN are individually or collectively referred to as the Party or Parties..
Article 1: object
The purpose of these General Terms and Conditions is, on the one hand, to inform any potential buyer of the terms and conditions under which the seller (hereinafter "DIAGMYSKIN" or "the Seller") carries out the sale and the delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of products by DIAGMYSKIN to the customer (hereinafter "the buyer"). They apply, without restriction or reservation, to all sales of products offered by DIAGMYSKIN on its site www.diagmyskin.com
Consequently, the fact that the purchaser orders a product offered for sale on the DIAGMYSKIN site implies full and complete acceptance of these General Terms and Conditions, which the purchaser acknowledges having read prior to his order.
DIAGMYSKIN reserves the right to modify these General Terms and Conditions at any time. However, the General Terms and Conditions applicable to the order are those accepted by the buyer at the time of placing the order.
Article 2 - The Company
The site is edited by the company DIAGMYSKIN, a simplified joint-stock company with a capital of 1000 euros, whose head office is located at 228 rue du Général Leclerc - 44150 Ancenis St Gereon - France and whose main address is at 228 rue du Général Leclerc - 44150 Ancenis St Gereon - France, registered in the Nantes Trade and Companies Register under number 894 087 014.
VAT number: VAT number FR79894087014 - Email address: contact@diagmyskin.com
Article 3 - Contract and orders
Prices
The selling prices of products online on the DIAGMYSKIN site, indicated in euros, are those valid at the time of the order by the buyer. The selling prices of the products can be modified by DIAGMYSKIN at any time. This change will be notified to the buyer before any order. The prices are applicable in the context of distance selling.
These prices do not include shipping costs, billed in addition to the price of the products purchased. Shipping costs will be indicated before the order is placed by the buyer. The different shipping methods are provided below in the GTC and are recalled on the site; they can be modified at any time by DIAGMYSKIN. DIAGMYSKIN advises all buyers to regularly consult the GTC appearing on the site.
Prices include value added tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by DIAGMYSKIN on its site.
Product features
The buyer can select one or more products from the different categories offered on the DIAGMYSKIN site. DIAGMYSKIN may modify the assortment of products offered for sale on its site at any time, depending in particular on the constraints related to its suppliers, without prejudice to orders placed by the purchaser.
In accordance with Article L. 111-1 of the Consumer Code, the buyer may, prior to his order, take note, on the DIAGMYSKIN site, of the essential characteristics of the product (s) he wishes to order.
Availability
The offers presented by DIAGMYSKIN are valid as long as they are announced on the site and while stocks last. In the event of total or partial unavailability of products after placing the order, the buyer will be informed by email, as soon as possible, of the unavailability of the product and of the total or partial cancellation of his order. In the event of total or partial cancellation of the order:
- The buyer's order will be validated and his bank account will be debited for the entire order,
- The buyer will be delivered of the available products
- The buyer will be refunded the price of the ordered product that is not available as soon as possible and, at the latest, within 30 days of payment of the sums he has paid.
Order
The distance sales contract is concluded from the moment the buyer confirms his order by clicking on the "Confirm your payment" or "Confirm your basket" icon (hereinafter and above "the order"). He is considered to have knowingly accepted the content and conditions of the order in question and in particular these General Terms and Conditions, the fact that his order implies a payment obligation on his part, the prices, volumes, characteristics , quantities and delivery times of products offered for sale and ordered by the buyer.
Once this step has been validated, the buyer will no longer be able to cancel his order. The sale will be final (subject to the exercise by the buyer of his right of withdrawal. The order will be confirmed to the buyer by any appropriate means and an email will be sent to him when his order is dispatched.
In the event of an error entering the e-mail address concerned, or of non-receipt of the order confirmation message, DIAGMYSKIN cannot be held liable.
DIAGMYSKIN 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 that would be due by the buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the DIAGMYSKIN site, including during previous orders.
Article 4 – Payment
The buyer guarantees to DIAGMYSKIN that he has the necessary authorizations to use the payment method he has chosen for his order, when registering the order.
Payment methods on the site
- The bank cards accepted on the site are as follows: Carte Bleue, Visa and Mastercard. These payment cards must be issued by a banking or financial institution located in the European Union or in Monaco.
Payment terms
All orders involve payment. These orders are payable in euros, all taxes and compulsory contributions included. Any bank charges remain the responsibility of the buyer (including in the case of a refund).
DIAGMYSKIN 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 that would be due by the buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the DIAGMYSKIN site, including during previous orders.
Security of payment transactions
In order to ensure the security of payment by bank card on the site, the buyer must send DIAGMYSKIN the visual cryptogram (CVV) on the back of the bank card used by the buyer.
As part of the fight against fraud on the Internet, information relating to the buyer's order may be transmitted to any third party authorized by law or designated by DIAGMYSKIN for the sole purpose of verifying the identity of the buyer, the validity of the order, the method of payment used and the delivery envisaged.
Following this check, DIAGMYSKIN reserves the right to request a photocopy of the buyer's identity card and / or any information relating to the buyer's identity. Any buyer has the right to access, rectify and delete personal data concerning him and processed by DIAGMYSKIN, under the conditions provided for in the legal notices and / or personal data management policy.
Article 5 - Delivery and Reception
The products ordered by the buyer in accordance with these T & Cs will be delivered to the address indicated by the buyer as the delivery address on the order concerned ("Delivery address").
The diagmyskin.com site only delivers to mainland France, Corsica, Monaco and Andorra.
Delivery method: Colissimo home delivery.
Anomaly, damaged package:
The buyer or the recipient of the order is invited to check the apparent condition of the package and products upon delivery. In the event of an anomaly relating to the package (damaged package, open package, trace of liquid, etc.) or to the product (s) ordered (missing product (s), product (s) damaged), the buyer or recipient of the order must follow the procedure. Failure to follow the appropriate procedure precludes any recourse against the carrier and DIAGMYSKIN. In particular, the buyer will not be able to claim any reimbursement. The purchaser or recipient of the order may not also claim that DIAGMYSKIN re-delivers the products ordered.
Procedure to follow when the package is damaged:
Do not open the package. Please note: opening the package excludes any recourse against La Poste and DIAGMYSKIN. Return the unopened package to the Post Office within five working days of delivery. Report the anomaly and refusal to DIAGMYSKIN Customer Service, by email to contact@diagmyskin.com. The notification of incidents and the formulation of reservations must be carried out quickly and at the latest within 3 working days. Procedure to be followed in the event of a damaged or missing product: The buyer or recipient of the order must report the absence or degradation of the product to DIAGMYSKIN Customer Service at contact@diagmyskin.com. DIAGMYSKIN Customer Service may request any information relating to the identity of the purchaser or recipient of the order and carry out any necessary verification on this occasion.
Delivery delay
Delivery times start from shipment. DIAGMYSKIN ships orders within 48 hours (working days). During periods of high activity, DIAGMYSKIN may ship orders within 72 hours (working days).
Delivery in mainland France, Corsica, Monaco, Andorra
Standard deadlines
The standard delivery times for orders to mainland France are as follows: Colissimo de la POSTE: 2 to 4 working days.
If the order is shipped to Corsica, Monaco, Andorra, delivery times are extended from 1 to 4 working days.
Article 6 - Rights and withdrawal periods
Right and statutory withdrawal period
In accordance with Article L. 221-18 of the French Consumer Code, the buyer has a period of 14 days from the day of receipt of the package containing the products ordered, to exercise his legal right of withdrawal without having to justify its decision. The right of withdrawal cannot be exercised for orders relating to the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
Consequently, the purchaser is alerted to the fact that he will not be able to assert his contractual right of withdrawal on products unsealed by the latter, for which a new marketing by DIAGMYSKIN would present risks for reasons of hygiene or protection of health for consumers.
If the products can be the subject of the legal right of withdrawal, the buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the products, may obtain a refund of the returned products as well as delivery costs of the order. The customer will have to bear the direct costs of returning the product.
Procedures for exercising the legal right of withdrawal
In this situation, the Customer is informed that it is not technically possible for DIAGMYSKIN to block the shipment of products once their order has been validated. The order will then be shipped to the buyer and the buyer undertakes, in accordance with article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of 14 (fourteen) days from of this information given to DIAGMYSKIN. If products are received beyond this 14-day period, informing DIAGMYSKIN of the buyer's willingness to withdraw is deemed to occur at the time of actual dispatch of the products.
No return to “Point Relais” will be accepted..
Return by mail or parcel
The products must be returned to DIAGMYSKIN in a condition suitable for re-marketing (products in perfect condition, accompanied by their original packaging, accessories, etc.) at the latest within 2 (two) months following their date. reception. Returns of products returned after this deadline will not be accepted. The products must also be accompanied by the order number.
If the buyer has benefited on the site from an offer against purchase, giving him the right, under conditions, to one or more product (s) offered in return for his order and, as a result of the exercise of his right of withdrawal, the latter is no longer eligible for the offer in question; the buyer must then send the product (s) he wishes to return accompanied by the product (s) offered (s) received in return for the order of the returned product (s) ) so that DIAGMYSKIN can take into account its request for withdrawal.
The buyer or recipient of the order who wishes to exercise his legal right of withdrawal by returning a product by mail / parcel must follow the following instructions:
- Use the original packaging to return the affected product (s).
- Send the package or registered mail with acknowledgment of receipt to the following address:
DIAGMYSKIN - SKIPPER LOGISTIQUE
ZAC Rhône Vallée Nord
07250 Le POUZIN
Téléphone : 04.75.41.85.95
France
DIAGMYSKIN does not accept parcels or letters sent collectively.
If the buyer / recipient of the order does not demonstrate that he has effectively deposited the product with a carrier, any risk associated with the return of a product is the responsibility of the buyer or the recipient of the product ordered.
Article 7 – Guarantees
Legal guarantees
All products for sale on the site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the buyer to return defective or non-compliant delivered products free of charge.
Legal guarantee of conformity
The French consumer code provides the following in terms of legal guarantee of conformity: Article L217-4: "The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "Article L211-5:" To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L211-12: The action resulting from the lack of conformity lapses two years after delivery of the goods.
Guarantee against hidden defects
The French Civil Code provides the following in terms of warranty against hidden defects: Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. 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 seller can be released from apparent defects or lack of conformity. » Within the framework of the legal guarantee against hidden defects, DIAGMYSKIN, according to your choice, undertakes, after evaluation of the defect:
- Either to refund the full price of the returned product,
- Or to reimburse part of the price of the product if the buyer decides to keep the product.
Exclusion of guarantees
Products modified, repaired, integrated or added by the purchaser are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to improper use.
Methods of implementing legal guarantees
- has a period of two years from the delivery of the goods to act;
- can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The buyer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Consequence of the implementation of guarantees
As part of the legal guarantee of conformity, DIAGMYSKIN commits to the choice of the buyer:
- either to replace the product with an identical product depending on available stocks,
- or to reimburse the price of the product if it proves impossible to replace a product. Under the legal guarantee against hidden defects, DIAGMYSKIN, according to your choice, undertakes, after evaluation of the defect::
- Either to refund the full price of the returned product,
- Or to reimburse part of the price of the product if the buyer decides to keep the product.
Article 8 - Retention of ownership
DIAGMYSKIN retains full and entire ownership of the products sold until full receipt of the full price, in principal, costs, taxes and compulsory contributions included.
Article 9 - Intellectual property
The DIAGMYSKIN brand, as well as all figurative and non-figurative brands and all illustrations, images and logos and any content appearing on the site are and will remain the exclusive property of DIAGMYSKIN or the holder of the intellectual property rights concerned. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, or any other content of the site for any reason and on any medium whatsoever, without the express, prior written consent of DIAGMYSKIN or the rights holder intellectual property concerned is strictly prohibited. The same is true for all copyrights, designs and models, patents appearing and / or used on the site.
Article 10 - Signature and proof
DIAGMYSKIN works to protect the personal information of its customers by ensuring a high level of security, but the buyer also has a role to play in the protection of his personal data. In particular, the buyer must maintain the security of his online transactions, for example by not communicating his username (buyer's e-mail address) and / or password to anyone and by regularly changing his password. As such, DIAGMYSKIN cannot be responsible for the disclosure of information about the buyer to any individual who has used their username (buyer's email address) and / or password. As such, the use of the identifier (buyer's e-mail address) and / or the buyer's password will constitute proof of his identity, and due date, at the validation of the order, of the sums corresponding. DIAGMYSKIN can in no way be held responsible for the fraudulent use of this information. The provision of the credit card number and the final validation of the order will constitute proof of the acceptance of the said order and will be valid for the sums incurred by entering the products appearing on the order. The computerized registers, kept in the computer systems of DIAGMYSKIN and its partners will be considered as proof of communications, orders and payments between the Parties.
Article 11 – Liability
Capacity
The buyer, prior to his order, declares to have full legal capacity, allowing him to commit himself under these General Terms and Conditions. DIAGMYSKIN can under no circumstances be required to verify the legal capacity of its visitors and buyers. Consequently, if a person without legal capacity orders articles on the DIAGMYSKIN site, his legal representatives (parents, guardians, in particular) will assume full responsibility for this order and should in particular honor the price.
Limitation of Liability
The responsibility of DIAGMYSKIN under the obligations of these General Terms and Conditions can not be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the buyer, or the occurrence of a force majeure event as defined by French courts or any other event that was not reasonably under the exclusive control of DIAGMYSKIN. The information accessible on the site is provided "AS IS" without guarantee of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, the reliability or completeness of the information, products, accessories or services appearing on the DIAGMYSKIN site or their suitability for the use that the buyer intends to make of it.
DIAGMYSKIN declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the site. In the event that DIAGMYSKIN's liability should be established and retained for damage suffered by the buyer and attributable exclusively to the placing of an order, this is limited to the amount of the order paid by the buyer at DIAGMYSKIN. Any complaint filed by a user, including any buyer, against DIAGMYSKIN must be made within 6 months of the occurrence of the event, which is the subject of the complaint.
Article 12 - "Data processing and Freedoms"
DIAGMYSKIN collects the personal data of the purchaser as well as, where applicable, that of the recipient of the order. The purposes, recipients and conditions under which DIAGMYSKIN collects and processes personal data are presented in the “Personal data charter”.
Article 13 – Amendments
DIAGMYSKIN reserves the right to modify and update the General Terms and Conditions without notice. To be informed of these possible modifications, DIAGMYSKIN advises the buyer, and in general any user, to reread the GTC, the Legal Notices and the Personal Data charter of the site regularly. The order will be subject to the GTC in force at the time of the order.
Article 14 - Applicable law and competent jurisdiction
Sales of DIAGMYSKIN products are subject to French law regardless of the buyer's country of residence and the place of ordering. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between DIAGMYSKIN and the buyer, even in the event of several defendants, will, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the parties competent French courts in application of the rules enacted by the French code of civil procedure.
Date updated: 06/16/2021