General Terms and Conditions of Sale
1. Préambule :
1.1 Vivaligne (hereafter to be called « the company») is a limited liability company with a share capital of 160,000 euros, is located at 174 rue Pina Bausch in Montpellier (34080), recorded in the Trade and Companies’ Register of Montpellier under the number 435 117 791. The Company respects all customers’ protection and defense principles of the e-trade and distance selling deontological code.
1. 2 The company manufacturates and sells to its customers anti-ageing skincare products. Sales and marketing activities are carried out by the company, including promotion and offers (herafter to be called K’Derm products).
1.3 The term « Customer / client » should be understood as the natural or legal person who pays the K’Derm products cart price.
1.4 Access to this site is free to any Internet user, and payment is processed in a secure environment, with SSL protocol. These Terms and conditions apply to the conditions in which the customer checks out and pays for a non-nominal and no-face value K’Derm product, on his own behalf or on behalf of another person.
1.5 The customer declares to have acknowledged and accepted the present general terms of sale before placing his order.
1.6 These Termes and condition are in force since January the 1st of 2016, replacing and cancelling all prior versions.
1.7 The company does not warrant that functions available on the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of bugs.
2. The customer / the client
2.1 Any natural or legal person who is at least 18 years of age and enjoying full legal competence can be customer.
2.2 Any order implies for the customer to provide all the information requested in the check out form so that the company can respond to any request.
2.3 The customer is responsible for the choice and preservation of the password, required in the process of account creation. The customer is therefor responsible of any order performed with its account.
3. K’Derm products purchase
To purchase one or many K’Derm products, the customer must add it to its cart.
The Cart page sumps up all details of order, and delivery fees according to the adress provided by the customer. Before the customer checks out and pays the order he must confirm the content of the Cart.
Once the adress and delivery information provided, the customer must click on the purchase button, to confirm and process its order.
The customer must check or provide the delivery adress, and choose a payment solution.
The customer must opt in ” I read and accepted the terms and conditions” before clicking on “confirm and pay the order”
The company will send a confirmation email of the order
The company has the right to unvalidate any order with no or incomplete payment.
4.1 Orders are edited and processed as they are paid, are delivered to the customer’s provided adress and include :
- Ordered K’Derm products
- Order receipt
4.2 The company takes no responsibility in any accident or delay in delivery, due to (1) a mistake or lack of information in the customer’s address, or to (2) the recipient’s absence at the time of the delivery.
4.3 Delivery costs may vary depending on the geographical area of the customer. The costs are displayed in the order recapitulation once the client has provided all adress informations.
4.4 Once the order delivered, the customer will take charge for any damage or loss of K’Derm product(s).
4.5 Any partial or complete degradation of the K’Derm products must be noticed by the recipient, directly on the delivery receipt, and sent by registered mail with aknowledgments of receipt. The default order is considered as delivered in good condition, and the client won’t be able to submit a claim / a complaint for visible defects.
4.6 The client must notify, as soon as possible, by registered mail with aknowledgments of receipt, any mistake made in the picking or in the delivery process (quality, quantity, type). The company will, then, refund the client of replace the products.
The company reminds the customer that he can use, in accordance with the terms of article L121-21 of the Consumer Code, its right of retractation on any order, without a valid reason, within 14 days from the day of delivery.
The client can express its right if retractation in written form on paper, by sending it to the Company, about all unused undamaged products.
In the case of the rightful retractation of the customer, within the legal delays and procedures, the Company will refund back all the money of the customer, including delivery fees, within 14 days from receiving the notice of retractation.
The customer must pay for the immediate return of the K’derm products.
As an exception to the above, and in accordance with the terms of article L121-21-8 of the consumer Code, the client has no right of retractation in the following cases :
- usealed or partially consumed products, by the client ;
- products which have been damaged by the client ;
- products wich have been unsealed by the client after the delivery, and cannot returned for health and hygiene reasons.
6. Use of the K’Derm Products
6.1 The Company recalls the clients’ responsibility to ensure that K’Derm products suit their needs (age, health conditions,…).
6.2 Any cancellation or refund request needs Vivaligne’s approval before returning the products.
6.3 The company declines all liability to the client or user if a product is lost or stolen, or if the customer can’t use its products for attributable to him/her-self resasons.
7.1 the company is responsible of the compliance of any order. In case of non-compliant product, the order must be returned to the Legal Notice adress. Delivery fees will also be refund.
In case of a confirmed non-compliant product, the company will refund or provide a new and compliant product to the client, accordingly to the client’s preference.
8. Customer Service
For any request, delivery tracking, or any question, the company provides a phone number and an adress on the contact page of the website.
9. Cookies software
11. Governing Law :