These general terms and conditions of sale apply to any purchase of products made via the website www.cosmetique-thermesmarins.fr (hereinafter “the Site”). They are intended to govern the relations between the client and the Company COSMOBEAUTÉ, a single shareholder Limited Liability Company with capital of 10 000 euros, the head office of which is located at 100 Boulevard Hébert, 35400 SAINT-MALO, France, registered with the Trade and Companies Register (RCS) of Saint-Malo under the number 414 026 591, Intra-community VAT number: FR23414026591. The general terms and conditions of sale are systematically available to the buyer on this Site when placing an order. Consequently, placing an order implies the buyer accepts these general terms and conditions of sale to the exclusion of all other conditions contained in leaflets, catalogues issued by the vendor and in particular those in force at Thermes Marins, Aquatonic® Centres and other partner sites of the brand (list of points of sale available on our website https://www.cosmetique-thermesmarins.com).
For further information, questions or advice, our customer service is available on https://www.cosmetique-thermesmarins.com/contact
OFFERS AND PRICES
All product special offers featured on the Site are limited to Metropolitan France, Corsica and Monaco. Promotional offers are only valid within the validity period of the offer and subject to availability.
The prices featured on the Site are in Euros and include all taxes, but do not include shipping and processing costs (see Delivery), and may be subject to change during the year. It is understood that the products ordered on the site are charged at the price featured on the site at the time of placing the order.
The products remain the sole property of COSMOBEAUTÉ until full payment of the price by the buyer.
The company COSMOBEAUTÉ specifies that sales of its products are exclusively intended for adults who purchase the products for their personal use and have a physical address of residence.
The buyer consequently declares having the full legal capacity to engage under these terms and conditions. The buyer must be an adult. If the buyer is not 18 years of age, they will not be permitted to use the services of this site.
The company COSMOBEAUTÉ can not be held responsible for the use of the site by a minor.
Below are the different steps to follow to place an order:
- Select the item(s) of your choice and add them to the order basket; you can check the contents of your basket, the price and make any changes at all times.
- Login (e-mail and password). If you are a new customer, you must create an account and login by entering a valid email address and password (personal and confidential).
- Select your payment method and validate.
It is mandatory to provide personal information so we may process and deliver orders. When you confirm your order by clicking on the “Finish” button, you agree to these general terms and conditions of sale. Your order is then processed by our Customer Service. As soon as your order has been received, a detailed receipt will be sent to your e-mail address. This receipt will give details of your order, including the exact amount invoiced and the delivery details.
You agree that our order registration systems are proof of the nature and the date of the sale.
However, we reserve the right to cancel any order from a customer with whom there is a payment backlog or dispute over the payment of a previous order, or for any other legitimate reason due to the abnormal nature of the order.
Our product offers featured on the Site are only valid while stocks last. In the event your product becomes unavailable after you have placed your order, we promise to inform you within 8 days and inform you of the new delivery date. In this event you may cancel your order if you wish (refund by cheque within 15 days) or exchange your order by calling us on 33 (0)2.99.81.04.20 (Cost of a local call from a land-line) from Monday to Friday from 9:00 am to 12:00 pm / 2:00 pm to 5:00 pm or by contacting us by e-mail.
The payment of your purchases on the Site is exclusively in Euros.
Depending on your order, COSMOBEAUTÉ proposes the following payment methods:
- Payment on order by credit card, Visa or Mastercard. Card payments are made online when placing the order and are debited at the same time. Card payments are managed by Crédit Mutuel de Bretagne Bank.
- deferred payment by cheque
Payment is made depending on the method of payment permitted by the commercial offer. Online card payments are completely secure. The entire transaction is performed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. Your purchases are completely safe.
Only the Crédit Mutuel de Bretagne Bank holds confidential information (card number, validity date) which is inaccessible to third parties.
Our sales and prices are Exworks from Saint Jouan des Guérets (Ille et Vilaine) in France.
Products are only delivered to metropolitan France, Corsica and Monaco, to the address of your choice as indicated during the ordering process.
It is your responsibility to provide us with the exact details necessary for the proper delivery of your order. You will be delivered on average within 5 working days from the reception of your order, which will only be deemed accepted by the vendor after validation of payment by COSMOBEAUTE. For parcels sent to you by post via the Post Office, these costs are included in the delivery and processing costs payable by you.
If your product does not meet your expectations, please do not worry. You have a withdrawal period of fourteen (14) days from receipt of the product. To exercise your right to withdrawal, you must notify us at the following address: COSMOBEAUTÉ, ZA La Chapelle de la Lande, 35430 SAINT JOUAN DES GUERETS, France with your decision to retract this contract in a clearly worded statement (e.g. letter sent by mail or an email) or via the withdrawal form downloadable here (download the withdrawal form).
The product must be returned to COSMOBEAUTÉ, ZA La Chapelle de la Lande, 35430 SAINT JOUAN DES GUERETS, France without undue delay and, in all events, no later than fourteen (14) days after you have informed us of your decision to withdraw the contract. The cost of returning the product remains your responsibility.
In the event of withdrawal, we will refund all payments received from you, including delivery charges if they have been applied, without undue delay and, in all events, no later than fourteen (14) days from the day you informed us of your decision to withdraw from the contract.
In accordance with Article L 221-28 5° of the Consumer Code, the right to withdrawal is not authorised when products have been opened by the consumer after delivery and for products that can not be returned for hygiene or health reasons.
The Company COSMOBEAUTÉ, 100 Boulevard Hebert, 35400 SAINT-MALO, France is responsible for product conformity within the contract as per the conditions of article L. 217-4 and subsequent articles of the Consumer Code and for any hidden defects of the sold product as per in article 1641 and subsequent articles of the Civil Code.
In the event of the implementation of the legal guarantee of conformity, it is noted that:
the buyer has a period of 2 years from the delivery of the product to react;
the buyer may decide between compensation or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
the buyer is not obliged to provide proof of non-compliance during the 24 months following the delivery of the product.
The legal guarantee of conformity applies regardless of the commercial guarantee that may cover the product. In addition, the buyer may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this event, the buyer may choose between cancelling the contract or a price reduction in accordance with article 1644 of the Civil Code.
The guarantee is not applicable if the products are used and/or stored abnormally, particularly if the specifications mentioned in the instructions for use and/or storing are not respected.
Under this guarantee, our sole obligation excluding any compensation or damages will be the free replacement of the merchandise acknowledge as defective by our services.
Any product to benefit from the guarantee will be subject to control in advance by our quality control service whose agreement is essential for any replacement.
COSMOBEAUTÉ can not be held responsible for the non-execution of the contract in the event of stock shortages or unavailability of the product, force majeure, by disruption or total or partial strike action including of the postal services and transport and communications services. COSMOBEAUTÉ will not incur any liability for any consequential damages due to these conditions, operating loss, loss of profit, loss of fortune, damages or expenses.
Reminder: following article 1124 of the Civil Code, minors are not permitted to enter into contract. Therefore, orders for minors must be placed by an adult. In the event of the accidental collection of data relating to a minor, the adult may object to their storage and/or transmission to third parties.
The company COSMOBEAUTÉ will not be held responsible if one of the obligations described in these general conditions of sale are not executed or the execution of them is delayed as result of a Force Majeure.
As such, force majeure means any external, unforeseeable and irreversible event within the meaning of Article 1148 of the French Civil Code, including natural disasters, fires, strikes, accidents, problems with supplies.
In any event, delivery of the product within the deadlines can only proceed once the buyer has fulfilled their obligations with regards the company COSMOBEAUTÉ.
APPLICABLE LAW / SETTLEMENT OF DISPUTES
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
For any complaint concerning an order made on the Site, the buyer is invited to contact our customer service the details of which are shown above.
For any complaint related to a purchase made in writing over the previous 12 months with COSMOBEAUTÉ, which did not result in an amicable agreement, the buyer may resort to using, free of charge, MEDICYS Mediation Services on line at: www.medicys.fr, or by writing to MEDICYS, 73, Boulevard de Clichy, 75009 PARIS, France.
MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Given the possible evolution of the Site, COSMOBEAUTÉ reserves the right to adapt or modify at any time these general terms and conditions of sale. If need be, the new general terms and conditions of sale will be disclosed to the customer online and will only apply to sales made after the modification.