TERMS AND CONDITIONS OF SALE
The present general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CLIENT") on the website https://www.akane-skincare.com/fr (hereinafter the "WEBSITE") from AKANE, SAS registered with the Trade and Companies Register under number 531 062 800 RCS , having its registered office at 2 rue Dieu, 75010 Paris, France Tel: 0615520651, email: email@example.com (hereinafter the "SELLER").
Any order placed on the Site implies the CLIENT's unreserved acceptance of these general conditions.
ARTICLE 1. DEFINITIONS
- "CUSTOMER": means the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT acts outside of any usual or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
- " PRODUCTS ": refers to all the products available on the SITE.
- "TERRITORY": refers to Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CLIENT to read the General Conditions with each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CLIENT will be asked to provide information to identify him by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at
to obtain information on the status of his order. firstname.lastname@example.org The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive by virtue of the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).
The CUSTOMER shall select the PRODUCT(s) of its choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the contents of his order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and identified/registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarising the price, applicable taxes and, where applicable, delivery costs.
The CLIENT is invited to check the content of its order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed with the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct .
The SELLER shall not send any order confirmation by post or fax.
During the order procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must also specify the means of payment chosen.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail shall constitute an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the WEBSITE do not begin to run until this date.
For all the PRODUCTS, the CLIENT will find on the WEBSITE prices displayed in euros, all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value added tax (VAT) at the rate applicable on the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The SELLER's suppliers' prices are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in case of special offers or sales.
The indicated prices are valid, except in case of gross error. The applicable price is the price indicated on the WEBSITE on the date the order is placed by the CLIENT.
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the resupply of a PRODUCT by the SELLER.
In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CLIENT may pay for its PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the SITE.
It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. EVIDENCE AND ARCHIVING
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The above provisions do not prevent the transfer to the CLIENT, upon receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS that are the subject of the reservation of ownership, as well as the risks of damage that they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
ARTICLE 12. GUARANTEES
In addition to the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code
ARTICLE 13. RESPONSIBILITY
The SELLER may not be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, he excludes all responsibility for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
ARTICLE 14. MAJOR FORCE
The responsibility of the SELLER may not be implemented if the non-execution or delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the debtor's control, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents performance of the obligation by the debtor.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated by operation of law and the parties are discharged from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER's liability may not be engaged in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GCS and preventing execution under normal conditions.
It is specified that, in such a situation, the CLIENT may not claim payment of any compensation and may not take any action against the SELLER.
In the event of the occurrence of one of the aforementioned events, the SELLER will endeavour to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has expressly chosen this option, send him/her commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask the CLIENTS if they wish their personal data to be disclosed. The CLIENTS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, data files and individual liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on Data Protection, known as RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CLIENT whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him/her, without reason and without charge.
The CUSTOMER may exercise these rights by sending an e-mail to the following address: email@example.com or by sending a letter to 2 rue Dieu, 75010 Paris.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. CLAIMS
ARTICLE 17. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorisation in writing.
This authorisation from the SELLER will under no circumstances be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the WEBSITE and its contents, by any process whatsoever, without the express prior permission of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2. et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTCS constitutes recognition by the CLIENT of the SELLER's intellectual property rights and a commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
All conditions not expressly dealt with in the present Terms and Conditions will be governed in accordance with the custom of the retail sector for private individuals, for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
The Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 20 - JURISDICTION AND APPLICABLE LAW
IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's claims department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute relating to this contract arises, including its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: Jean Philippe Keundjian, whose contact details are: 2 rue Dieu 75010 Paris and who can be contacted via this link: https://www.akane-skincare.com .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
. Mediation is not compulsory, the CUSTOMER or the SELLER may at any time withdraw from the process
IN THE MYPOTHESIS OR THE MEDIATION WILL FAIL OR WILL NOT BE CONSIDERED, THE LITIGATION HAVING GIVEN THE PLACE TO GIVE MEDIATION WILL BE CONFIDEN TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.
The CUSTOMER has the right to retract by returning or returning the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER proposes to recover the PRODUCT himself.
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise its right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify its decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to : 2 rue Dieu, 75010 Paris or firstname.lastname@example.org.
He can also use the form below:
For the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT.(Article L.221-24 of the French Consumer Code).
The SELLER shall make the refund using the same means of payment that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund shall not incur any costs for the CLIENT.
The SELLER shall not be obliged to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.
The SELLER may postpone the refund until the goods are received or until the CUSTOMER has provided proof of shipment of the goods, the date of shipment or the date of delivery. the first of these facts.
The CUSTOMER shall, without undue delay and in any event no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : 2 rue Dieu, 75010 Paris.
This time limit is deemed to have been respected if the CLIENT returns the goods before the fourteen (14) day period has expired.
The CUSTOMER shall bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct costs of returning the goods.
Condition of the returned property
The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.
The CUSTOMER's liability shall only be incurred in respect of the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages for which the price has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can be made only after 30 days and the actual value of which depends on market fluctuations beyond the control of the SELLER
- Supply of non-supplied digital content in dematerialised form if performance has begun with the consumer's prior express consent, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded at a public auction
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.
The time to prepare an order and then establish the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These times are exclusive of weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the order process, the SELLER shall indicate to the CLIENT the possible delivery times and shipping options for the PRODUCTS purchased.
The shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The shipping times and costs are detailed on the WEBSITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
The parcel will be given to the CLIENT against signature and on presentation of an identity document.
In the event of absence, a delivery notice will be left with the CLIENT, to enable him to collect his parcel from his post office.
The CLIENT is informed of the delivery date set when he chooses the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.
The SELLER shall reimburse the CLIENT, without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.