Verkaufsbedingungen

Preamble

Our General Terms and Conditions of Sale are governed by Article 19 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, and by Article L.221-5 of the French Consumer Code.

Article 1. Purpose

The Seller's business is primarily the production and online sale of cosmetic products for a targeted audience (hereinafter "the Product").

The Buyer and the Seller agree that their relationship, as well as access to and use of the website www.finonesskin.com (hereinafter "the Website"), will be governed exclusively by: – these General Terms and Conditions of Sale, to the exclusion of all other conditions, and that they will prevail over any other document; – Applicable laws and/or regulations.

The General Terms and Conditions of Sale and the Website's Legal Notices are made available to consumers on the Seller's Website, where they can be viewed directly.

Purchasing a Product on the Seller's website implies the Buyer's knowledge and unreserved acceptance of these General Terms and Conditions of Sale in effect on the date of the order, which are maintained and reproduced by the Seller.

The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of modification, the applicable General Terms and Conditions of Sale are those in effect on the date of the Buyer's order, a dated copy of which may be provided to the Buyer upon request.

The fact that the Seller does not assert the application of any clause of the General Terms and Conditions of Sale shall not be construed as a waiver by the Seller of its rights arising from said clause.

These General Terms and Conditions of Sale were updated on [date]. This edition supersedes all previous versions.

Article 2. Definitions

2.1. Seller refers to EROKADS, registered in the Bobigny Trade and Companies Register under number 925256356, whose registered office is located at 5 rue Pleyel, Bureau 3, Saint Denis, 93200, France.

2.2. Buyer refers to any natural person wishing to make a purchase on the Site.

2.3. Product refers to any product offered on the Site, subject to availability. Photographs cannot guarantee a perfect similarity with the product offered.

2.4. Site refers to the infrastructure developed by the Seller using computer formats usable on the Internet, including data of various types, including text, sounds, still or animated images, videos, and databases, intended to be consulted by the Buyer to learn about its products and services and, if applicable, to make a purchase of them. The Site is accessible at the following address: www.finonesskin.com.

2.5. The Internet refers to various networks of servers located in various locations around the world, connected to each other using communication networks, and communicating using a specific protocol known as TCP/IP.

Article 3. Prices

The prices of the Products offered for sale on the Site are indicated in euros, inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated, and excluding shipping costs.

All orders are payable in US dollars ($).

Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.

Similarly, if one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Site.

In the event of delivery to a country outside mainland France, the Buyer will be considered the importer of the Product; customs duties, local taxes, import duties, or state taxes may then be charged. These duties or taxes are the responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organizations.

The Seller reserves the right to modify the prices of the Products offered for sale on the Site at any time. The Product will be invoiced by the Seller to the Buyer based on the price in effect at the time the order is confirmed and subject to Product availability.

The Seller undertakes to regularly verify that all prices indicated on the Site are correct, but cannot guarantee the absolute absence of errors. In the event of an error, the Buyer will have the option to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be automatically canceled.

Article 4. Order

The Buyer may browse the Site and order Products offered for sale on the Site, subject to availability.

Article 5. Validity and Validation

The Buyer and the Seller fully and completely agree to these General Terms and Conditions of Sale, without exception or reservation.

A summary of the Product order is sent by the Seller to the Buyer via the email address indicated on the Buyer's identification form when ordering.

The order confirmation constitutes the sale and the Buyer's acceptance of these General Terms and Conditions.

The recorded confirmation of the product order and all data transmitted during the order constitute proof of the transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000, adapting the law of evidence to information technology and relating to electronic signatures, and constitutes the payment of the amounts incurred in the order.

However, in the event of fraudulent use of their bank card, the Buyer is invited, as soon as they become aware of such use, to contact the Seller's customer service as soon as possible.

It is expressly agreed that, barring manifest error on the part of the Seller, the data stored in the Seller's computer systems, under reasonable security conditions, shall constitute probative force with respect to orders placed by the Buyer. Data on computer or electronic media constitute valid evidence and, as such, shall be admissible under the same conditions and with the same probative force as any document established, received, or stored in writing.

The Seller undertakes to fulfill Product orders received on the Website and validated only within the limits of available product stocks. In the event of product unavailability, the Seller undertakes to inform the Buyer as soon as possible in accordance with Article 7.

The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers with consumer status.

Article 6. Payment

The Buyer must pay for their online purchases at the time of ordering: – Either by credit card (Carte Bleue, e-Carte Bleue, Visa, Eurocard, Mastercard). Payment for Product purchases on the Website is made via STRIPE or PAYPLUG, a highly secure payment infrastructure – Or by PayPal.

Article 7. Availability

In the event that a Product is unavailable after an order has been placed and validated, the Seller will inform the Buyer by email as soon as possible. The Buyer's order may then, at their discretion, be canceled and no bank debit will be made by the Seller, or it may be put on hold while the Seller restocks the Product.

Article 8. Transfer of Ownership

The products remain the sole property of the Seller until the Buyer has paid the full price.

The transfer of ownership of the Product occurs upon physical transfer of the Product to the Buyer, at which point the risks of loss or damage to the products are also immediately transferred from the Seller to the Buyer.

Article 9. Delivery

The Products are delivered only to EU countries and Switzerland. Consequently, the Seller will refuse any delivery outside of the EU or Switzerland.

Shipping within 48 business hours

All orders are carefully prepared and shipped within 48 business hours. Once your package has been shipped, you will receive a confirmation email with the tracking number.

The Customer will receive an Order number by email confirming that it has been processed. The Customer will be informed of the various stages of their Order by email.

Shipments are announced to the Customer by email, to the email address provided by the latter in their customer account.

The Customer is offered several delivery methods to choose from: – standard home delivery is chargeable, – delivery to a collection point is chargeable.

If the Customer chooses home delivery: – Using the shipment number, the Customer can track the progress of their package on the carrier's website.

– The Customer is informed that it is their responsibility to provide all the necessary details for the proper routing of their Order and its perfect delivery (access code, access specifications, for example).

– If the Customer is absent at the time of delivery, a delivery notice will inform them of the storage and availability of their package, under the sole and exclusive responsibility of the carrier.

– The Customer assumes full and exclusive responsibility for the loss or damage to the Products from the time of delivery, as well as for the risks associated with the impossibility of delivery due to incorrect or inaccurate information.

– If the customer does not collect the package from the Parcel Pickup Point within the specified timeframe or if the package is refused, the customer will not be able to claim anything from the seller and will not be reimbursed.

In the case of delivery by Colissimo Without Signature, no refund will be given.

The Buyer and the Seller fully and completely agree to these General Terms and Conditions of Sale, without exception or reservation.

A summary of the Product order is sent by the Seller to the Buyer via the email address indicated on the Buyer's identification form when ordering.

The order confirmation constitutes the sale and the Buyer's acceptance of these General Terms and Conditions.

The recorded confirmation of the product order and all data transmitted during the order constitute proof of the transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000, adapting the law of evidence to information technology and relating to electronic signatures, and constitutes the payment of the amounts incurred in the order.

However, in the event of fraudulent use of their bank card, the Buyer is invited, as soon as they become aware of such use, to contact the Seller's customer service as soon as possible.

It is expressly agreed that, barring manifest error on the part of the Seller, the data stored in the Seller's computer systems, under reasonable security conditions, shall constitute probative force with respect to orders placed by the Buyer. Data on computer or electronic media constitute valid evidence and, as such, shall be admissible under the same conditions and with the same probative force as any document established, received, or stored in writing.

The Seller undertakes to fulfill Product orders received on the Website and validated only within the limits of available product stocks. In the event of product unavailability, the Seller undertakes to inform the Buyer as soon as possible in accordance with Article 7.

The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers with consumer status.

Article 6. Payment

The Buyer must pay for their online purchases at the time of ordering: – Either by credit card (Carte Bleue, e-Carte Bleue, Visa, Eurocard, Mastercard). Payment for Product purchases on the Website is made via STRIPE or PAYPLUG, a highly secure payment infrastructure – Or by PayPal.

Article 7. Availability

In the event that a Product is unavailable after an order has been placed and validated, the Seller will inform the Buyer by email as soon as possible. The Buyer's order may then, at their discretion, be canceled and no bank debit will be made by the Seller, or it may be put on hold while the Seller restocks the Product.

Article 8. Transfer of Ownership

The products remain the sole property of the Seller until the Buyer has paid the full price.

The transfer of ownership of the Product occurs upon physical transfer of the Product to the Buyer, at which point the risks of loss or damage to the products are also immediately transferred from the Seller to the Buyer.

Article 9. Delivery

The Products are delivered only to EU countries and Switzerland. Consequently, the Seller will refuse any delivery outside of the EU or Switzerland.

Shipping within 48 business hours

All orders are carefully prepared and shipped within 48 business hours. Once your package has been shipped, you will receive a confirmation email with the tracking number.

The Customer will receive an Order number by email confirming that it has been processed. The Customer will be informed of the various stages of their Order by email.

Shipments are announced to the Customer by email, to the email address provided by the latter in their customer account.

The Customer is offered several delivery methods to choose from: – standard home delivery is chargeable, – delivery to a collection point is chargeable.

If the Customer chooses home delivery: – Using the shipment number, the Customer can track the progress of their package on the carrier's website.

– The Customer is informed that it is their responsibility to provide all the necessary details for the proper routing of their Order and its perfect delivery (access code, access specifications, for example).

– If the Customer is absent at the time of delivery, a delivery notice will inform them of the storage and availability of their package, under the sole and exclusive responsibility of the carrier.

– The Customer assumes full and exclusive responsibility for the loss or damage to the Products from the time of delivery, as well as for the risks associated with the impossibility of delivery due to incorrect or inaccurate information.

– If the customer does not collect the package from the Parcel Pickup Point within the specified timeframe or if the package is refused, the customer will not be able to claim anything from the seller and will not be reimbursed.

In the case of delivery by Colissimo Without Signature, no refund will be given.

No refund is possible.

If a product is broken or the wrong product was delivered upon delivery, the Customer must notify us within 48 hours by email to info@finones.com, providing photos, including a photo of the box with the carrier's delivery label. The Customer must keep the package and its packaging until the Seller returns.

Article 10. Cancellation

The Product order cannot be canceled by the buyer.

Article 11. Withdrawal

Finones offers the sale of pre-packaged perishable food products. Under these conditions, pursuant to Article L.221-28 4° of the French Consumer Code, the right of withdrawal does not apply to our products. It is therefore not possible to return products.

Article 12. Warranties

All Products offered for order by the Seller on the Website benefit from the legal guarantee of conformity and the warranty against hidden defects.

Article 12.1. Warranty against hidden defects

The Products offered on the Site are subject to the warranty against hidden defects set out in Articles 1641 et seq. of the French Civil Code:

Article 1641 of the French Civil Code:

"The Seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the Buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them."

Action resulting from hidden defects must be brought within two years of discovery of the defect.

Article 12.2. Legal Guarantee of Conformity

The Products offered on the Site are subject to the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code:

Article L.217-4 of the French Consumer Code:

"The Seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

The Seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the Seller is responsible for this under the contract or was carried out under its responsibility."

Any action resulting from a lack of conformity is subject to a limitation period of two years from delivery of the Product.

The legal guarantee of conformity applies independently of any commercial warranty.

Article 13. Customer Account

The Buyer, if they wish, may create a customer account allowing them to access numerous benefits: ordering faster, saving multiple addresses, tracking their orders, etc.

To create a customer account, the Buyer must provide the following information: First and last name, Email address, Password

The Buyer may create an account using their Facebook or Google account.

All data collected during the creation of the customer account is processed in accordance with Article 14.

If the account becomes inaccessible to its owner, the account holder may notify the Seller by contacting customer service.

Article 14. Personal Data

In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Customer is informed and agrees that their personal data may be collected on the Website and used by EROKADS, which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the "General Data Protection Regulation" or "GDPR").

EROKADS is committed to protecting and ensuring the security and confidentiality of its Customers' personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent this data from being distorted, damaged, or accessed by unauthorized third parties.

In particular, Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, are directly involved in and contribute to order management and for whom access to the personal data provided by the Customer when creating and using their Account (identity, postal address, telephone number, email address) is absolutely necessary. Subcontractors may only act on instructions from EROKADS.

Customers' personal data is collected for the following purposes: – Order management and customer relations; – Informing Customers about offers and commercial information related to the brand; – Strengthening and improving the IT system's communications.

the Internet and the brand by sending, in particular, newsletters and special offers based on the Customer's preferences noted on the Website; – improving and personalizing the services offered to Customers; and – complying with legal and regulatory obligations.

The Customer's personal data is only retained for the period strictly necessary for the purposes set out above.

In accordance with the GDPR, the Customer has the right to access, rectify, and object to the processing of their personal data (hereinafter the "Data Protection Rights").

To exercise one or more of these Data Protection Rights, the Customer must send a request by email or post to EROKADS's Customer Service department, by completing the contact form on the website, or by writing to the following address, indicating their first and last name, email address, and customer references: EROKADS, 5 rue Pleyel,Bureau 3, Saint Denis, 93200, France.

Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature, and must specify the return address.

A response to a request based on one or more Data Protection Rights will be sent within two months of receipt of the request.

The Customer may provide EROKADS with specific instructions defining how they intend to exercise their Data Protection Rights after their death, in accordance with the GDPR.

Article 15. Cookies

When browsing the Website, the Buyer is asked to consent to the use of cookies by the Seller.

These are files that allow the Buyer's browsing on the Website to be tracked.

Generally speaking, they record information relating to computer navigation on the Site (pages viewed, date and time of viewing, etc.), information that may be read during subsequent visits by the Buyer to the Site (system for recognizing the Buyer on the Site by the Seller) with data transmission – and which will be transmitted to the Seller.

Cookies are automatically deleted from the Buyer's computer within a maximum period of 13 months.

The user may choose to block or disable these cookies at any time by configuring the internet browser on their computer, tablet, or mobile device, in accordance with the instructions provided by their internet browser provider and available on the websites mentioned below.

On Google Chrome: Open the configuration menu, then select "Settings"; Click on "Advanced Settings," then in the "Privacy" section, click on "Content Settings," and choose the desired options, or follow the following link: https://support.google.com/chrome/answer/95647?hl=en-US

On Mozilla Firefox: Open the "Tools" menu, then select "Options"; click on the "Privacy" tab, then choose the desired options, or follow the following link: https://support.mozilla.org/en-US/kb/en-US-privacy-policy ... Click on the "Privacy" tab and then the "Advanced" tab, or follow the following link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

On iOS: Open the "Settings" menu, then select "Safari" and then "Advanced" or follow the following link: https://support.apple.com/fr-fr/105082

The user can also type "cookies" in the "Help" section of their browser to access configuration instructions.

Finones is in no way responsible for the content or operation of any social media, including those that may be linked to the Site.

Article 16. Intellectual Property

All elements of the Site, whether visual or audio, including software, and all intellectual property rights such as trademarks, service marks, design marks, and copyrights are and remain the exclusive property of the Seller.

Unless otherwise stated, the intellectual property rights to the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who grants no license or right other than the right to view the Site and order Products.

The reproduction of any page or content of this Site by the Buyer or any third party is subject to prior written authorization from the Seller.

The reproduction of any documents published on the Site is

Authorized solely for informational purposes for personal and private use, any reproduction or use of copies made for other purposes is expressly prohibited by the Seller.

It is prohibited to use trademarks, images, or any other element over which the Seller holds intellectual property rights.

It is also prohibited to copy, modify, create a derivative work, reverse engineer or assemble, or otherwise attempt to discover the source code (except as provided by law), sell, assign, sublicense, or otherwise transfer any rights relating to the Site.

It is also prohibited to modify the Site or use modified versions of the Site, including (but not limited to) to gain unauthorized access to the Site and to access the Site by any means other than through the interface provided to the Buyer by the Seller for this purpose.

The Website and any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property law or any other law.

A Buyer who has a personal website and wishes to place, for personal use, a simple link on their website directly to the Seller's website must request prior written authorization from the Seller, who reserves the right to refuse without providing a specific reason.

In all cases, any unauthorized link must be removed upon simple request from the Seller.

Article 17. Liability

The Products comply with applicable French legislation. The Seller shall not be liable for non-compliance with the legislation of a third country where the Product is delivered. It is the Buyer's responsibility to check with local authorities regarding the import or use of pre-ordered or ordered products.

As the nutritional composition of each Product is clearly stated on the Website, on each order, and on the Products, the Seller cannot be held responsible for any intolerances or allergies the Buyer may have.

The Seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses. The same applies to any hyperlinks on the Website.

Finally, the Seller cannot be held liable in the event that the failure to perform its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, to a case of force majeure as defined by French case law, or to the Buyer's own actions (Article L. 221-15 of the French Consumer Code).

Article 18. Force Majeure

In the event of force majeure or unforeseeable circumstances, whether caused by the other party or a third party, or due to external causes such as labor disputes, intervention by civil or military authorities, natural disasters, fires, water damage, or interruptions to the telecommunications or electrical network, without limitation, neither the Buyer nor the Seller may be held liable if performance of the contract is delayed or prevented.

Article 19. Archiving and Proof

The Seller shall archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1360 of the French Civil Code.

The Seller's computerized records shall be considered by all parties concerned as proof of communications, orders, payments, and transactions between the parties.

Article 20. Disputes

In the event of a dispute, the Buyer must first contact the Seller's customer service by email (info@finones.com)

If the complaint request to customer service is unsuccessful or if there is no response within two months, the Buyer may submit the dispute with the Seller to the FEVAD E-COMMERCE MEDIATOR SERVICE (http://www.mediateurfevad.fr/), which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching a solution.

The Buyer and the Seller remain free to accept or refuse the use of mediation to resolve a dispute, as well as to accept or reject the solution proposed by the mediator.

In the absence of an amicable agreement, the court having jurisdiction to resolve the dispute shall be the court of the defendant's domicile or the place of actual delivery of the Product.

The language of these General Terms and Conditions of Sale is French. These General Terms and Conditions of Sale are therefore subject to French law.

Article 21. Duration

These terms and conditions apply for the entire duration that the Products offered for sale by the Seller are online.

Article 22. Domiciliation

The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address appearing on the website for the Seller.

Article 23. Nullity

If any clause of these General Terms and Conditions of Sale is found to be invalid under a applicable rule of law or a final court decision, it shall be deemed unwritten, without thereby invalidating the entire General Terms and Conditions of Sale or altering the validity of its other provisions.