Article 1. SUBJECT-MATTER OBJET – COMPANY
The company EPICOSM designs, manufactures and sells cosmetic products, for the use of private individuals, and markets them notably via its online site www.epicosm.fr. The offer and sale of our products on our website are governed by these General Conditions of Sale.
The company EPICOSM is a société par actions simplifiée (simplified joint stock company) with capital of 50 000 Euros,
- recorded in the Chambery Trade Register under the number RCS 829 228 949,
- whose intracommunity VAT number is FR 27 829228949,
- and whose registered office is at 171 rue Hector Berlioz, 73490 LA RAVOIRE.
These general conditions of sale specify notably the conditions of order, payment, delivery and management of any returns of products ordered by customers on the site www.epicosm.fr.
They are applicable to all sales by EPICOSM on its site www.epicosm.fr, without any restriction whatsoever, and to the exclusion of all other conditions.
The general conditions of sale may be modified at any time by EPICOSM, notably following changes to applicable standards or laws. The general conditions of sale applicable are those in force on the website on the date when the order is placed.
The products offered for sale on the site www.epicosm.fr are for non-professional buyers and consumers, that is to say any natural person who is acting with intentions unrelated to any professional activity. The consumer declares, before any order, that the purchase of the products is not directly linked to his professional activity and is reserved for his personal use.
These general conditions of sale may be accessed at any time on the site www.epicosm.fr (currently applicable version) when the order is registered. Thus, the fact of placing an order on the site epicosm.fr implies full and complete acceptance of these general conditions of sale by the customer, who acknowledges to have read them by ticking the box provided for this purpose
The General Conditions of Sale applicable to the order placed by the customer on the site EPICOSM.fr are thus accepted by the customer when he places his order.
Article 2. PRICE
The selling prices of the products sold online on the website are indicated in Euros including all taxes (VAT) and are those applicable when the order is placed.
These selling prices do not include specific shipment costs which shall be calculated and added according to the amount of the order, and indicated before the order is finally registered.
The Company EPICOSM reserves the possibility of modifying its prices at any time, but undertakes to invoice the ordered products in compliance with the prices applicable when the order is registered.
Article 3. ORDER
The choice and purchase of a product are the sole responsibility of the customer. The latter is bound to refer to the description of each product to know the properties and essential characteristics.
The information on the essential characteristics of the products proposed on the EPICOSM.fr online sales site and their respective prices may be accessed under the section “our Serums”. Other sections may also be accessed on the EPICOSM.fr website providing details on the concept and the composition of these products.
Before the first order the customer wishing to buy must create his online account with his personal particulars, notably name and address where the products are to be delivered. He undertakes to provide truthful personal particulars. He must read these General Conditions of Sale which are deemed accepted by him when he ticks the box provided to indicate his acceptance of the general conditions of sale.
It is for the Customer to select on the website the Products that he wishes to order in the following way:
- Add the selected product(s) to the basket;
- See “the basket”, check it article by article;
- Select “Place the order” ;
- If you are already a customer, you connect to your account and check the invoicing and delivery details that you have chosen;
- Otherwise, you must create your customer account and fill in all the necessary information, including the compulsory password;
- Tick the box “I have read and I accept the general conditions of sale”;
An order confirmation will be sent to you by email upon receipt of full payment by debit/credit card or the order is confirmed with requested payment by cheque.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
As specified above, it is for the customer to check his basket, article by article, and his personal particulars before validating the order.
The Customer has the possibility of checking the details of his order, its total price and correcting any errors before confirming his acceptance. This validation implies the acceptance of these General Conditions of Sale in their entirety and constitutes a proof of the contract of sale.
Any order placed on the website www.epicosm.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is litigation relating to the payment of a previous order, or if it does not receive the cheque corresponding to the order in the case of payment by cheque, within 7 days of the order.
The Customer shall be able to monitor the progress of his order on the website www.epicosm.fr
It is specified that EPICOSM undertakes to honour the orders within the limit of available stocks. If the company EPICOSM finds itself unable to honour the order, it shall inform its customer by email. The latter shall then be able to modify his order by choosing other products or request the refund for the products not available.
Article 4. PAYMENT
All orders are payable in Euros, by debit/credit card, via our secure payment site Systempay with guarantee of secure 3D payment, cash on the day when the order is placed by the Customer. It is also possible to pay by bank cheque made out to EPICOSM and sent to the latter’s address.
The sale shall only be considered to be definitive after written confirmation of the order by EPICOSM and the collection of the total payment (by online payment by credit/debit card or by cheque upon receipt and cashing of this).
Article 5. DELIVERY
The products are offered for sale in France and European Union member countries.
The deliveries are made by COLISSIMO parcel post or may be withdrawn directly at the head office of the company EPICOSM between 10 a.m. and 5 p.m.
The delivery costs depend on the size of the order (weight).
The time for your order to be delivered, following perfect collection of the order price, depends on:
- the preparation of your order by EPICOSM, which undertakes to complete this in 24 working hours if the order is placed before 12 noon, and within 48 working hours for an order placed after 12 noon, after receipt and collection of the payment (credit/debit card or cheque)
- and the time taken to deliver by the Post Office, which varies according to the destination.
In compliance with article L.138-1 of the Consumer Code, the delivery is made at the latest 30 days as of the date of the order.
If you are absent when the parcel is delivered, the Post Office places a delivery notification in your letter box and you have one fortnight to collect your parcel from the Post Office. When this time limit expires, the parcel is returned to the sender.
Upon receipt, the buyer or recipient of the parcel is bound to check its compliance with the order and the condition of the product(s). In the case of an anomaly (for instance a product missing or broken, parcel damaged), in the presence of the Post Office employee, you must apply the Post Office Colissimo procedure, notifying the damage and refusing to take delivery, if necessary with the issue of a 170 formal report (formal report of anomaly by the Post Office).
You must also notify us within 48 hours of receipt of the parcel by email to the following address email@example.com, indicating “Delivery problem” as the subject of the email.
When this time limit has expired and if these formalities are not respected, the products shall be deemed in conformity and exempt from any visible defect and no claim will be accepted by EPICOSM.
EPICOSM shall refund or replace promptly, bearing the costs, the delivered products whose non-conformity or visible or hidden defects have been duly proven by the customer, in the conditions provided for in articles L.217-4 of the Consumer Code and those provided for in the terms of these general conditions of sale.
Article 6. RIGHT OF WITHDRAWAL
In compliance with applicable legal provisions, the customer has a time limit of 14 days as of receipt of the product to exercise his right of withdrawal, in respect to EPICOSM, without having to provide reasons or pay a penalty, to obtain an exchange or a refund, on condition that the products are returned in their original packaging and in perfect condition within 14 days of the notification to EPICOSM of the customer’s decision to withdraw.
The returns are made in their original complete and intact condition (packaging, accessories, etc.) in perfect condition for resale as new, accompanied by the purchase invoice.
Dirty, damaged or incomplete products will not be taken back. It should also be specified that “used” or “tested” products shall not be taken back or exchanged. Indeed, roll-on containers whose roll-on applicators (balls) have been turned and are covered with oily serum shall be considered to be “used”.
The right to withdraw may be exercised online, using the withdrawal form appended to these GCS, in which case a hard copy of an acknowledgement of receipt shall be sent to the customer by EPICOSM, or any other totally unambiguous declaration, expressing the wish to withdraw.
In the case of exercise of the withdrawal right within the aforesaid time limit, only the price of the purchased product(s) and the delivery costs shall be refunded, the return costs remaining payable by the customer.
The refund shall be made more than 14 days of receipt by EPCOSM of the products returned by the customer in the conditions provided for in this article.
Article 7. LIABILITY
The products proposed on the EPICOSM site comply with current French and European legislation. EPICOSM’s liability shall not be incurred in the case of non-respect of the legislation of the country where the products are delivered. It is for the buyer customer to check with local authorities the possibilities or importing or using the products that he wishes to order.
The EPICOSM.fr site shall not be held liable in the case of non-performance of the contact concluded in the case of the product(s) being out of stock, force majeure, fire, strike, notably of the postal services or means of communication (Internet, telecommunications).
Likewise, EPICOSM shall not be held liable for damage resulting from improper use of the purchased product(s).
Finally, the photographs, texts, etc. illustrating the products do not fall within the contractual scope of these GCS. If such data should appear erroneous, EPICOSM’s liability shall not be incurred.
The products sold by EPICOSM benefit as of right, without additional payment, independently of the retraction right, in compliance with legal provisions, from:
- the guarantee of conformity (article L.211-4 and following of the Consumer Code),
- the legal guarantee against hidden defects stemming from a defect in material, design or manufacture affecting the delivered products and making them improper for use (articles 1461 and following of the Civil Code.).
In such a case, the customer must inform EPICOSM by email to the address firstname.lastname@example.org, within 48 hours as of the delivery of the products, of the existence of the hidden defects within the time limits indicated above and return or take back to the store the defective products in the condition in which they were received with all elements (accessories, packaging, etc.).
EPCOSM shall refund or replace the products judged not in conformity or defective.
The costs for sending out the products shall be refunded on the basis of the invoiced price and the costs for returning them shall be refunded upon presentation of receipts.
The refund of the products judged not in conformity or defective shall be made promptly and at the latest within 14 days of the non-conformity or hidden defect being established by EPICOSM.
The refund shall be made by crediting the customer’s bank account or by bank cheque sent to the customer.
It is specified that EPICOSM’s liability shall not be incurred in the following cases:
- non-respect of the legislation of the country in which the products are delivered, it being for the customer to check this.
- in the case of improper use, use for professional purposes, negligence or lack of maintenance by the customer, in the case of normal wear of the product, accident or force majeure
The guarantee of EPICOSM is, in any event, limited to the replacement or refund of the products not in conformity or affected by a defect.
Article 8. INTELLECTUAL PROPERTY RIGHTS
All the elements of the site, logo, domain names, products, images, videos, technical information, etc. are and remain the exclusive property of EPICOSM. Any total or partial reproduction, modification or use of these elements for any reason whatsoever, is strictly prohibited.
Article 9. CONTRACT NULLITY AND MODIFICATION
If one of the clauses of the General Conditions of Sale is cancelled, this nullity shall not lead to the nullity of the other clauses which shall remain unchanged and applicable.
Article 10. SECURISATON – PERSONAL INFORMATION
A data protection system by SSL encryption has been applied to our EPICOSM site with encryption procedures to provide maximum protection for sensitive data linked to payments.
Personal data collected by EPICOSM when creating the customer account, at the time of an order, remains confidential and shall only be used for the effective processing of orders. This data shall also be used to inform the customer of any offers and innovations of EPICOSM and/or its commercial partners, subject to the rights exercised by the persons concerned. In compliance with the data protection law of 6 January 1976, the customer / buyer / recipient of an order has a right to access, modify or delete personal data concerning him. To do this, you may send us a request by email to the address email@example.com or by letter specifying your customer references, surname, forename and address to EPICOSM – 171 rue Hector Berlioz – 73490 La Ravoire – France.
Article 11. APPLICABLE LAW
The purchases and sales of products of the company EPICOSM, and all the clauses of the General Conditions of Sale are subject to French law.
Any dispute that could exist between the parties as a result of the interpretation, performance, etc. of these GCS shall be dealt with out of court in so far as this is possible, but, failing a friendly settlement, the French courts shall be the sole with jurisdiction.