Terms and Conditions of Sale
These General Terms and Conditions of Sale are
concluded between Innovescence, SAS with a capital of €40,000, registered
with the Bayonne Trade and Companies Register under number 913276937, with its
head office at: Rue Léon Larregain, 64240 Hasparren, whose intra-community VAT
number is: FR57913276937 and offering for sale Kosmorebi® cosmetic products
(hereinafter referred to as the "Products") to individuals connecting
to this site (hereinafter referred to as the "Site") on the one hand,
and on the other hand, any person who has made a purchase on the website
www.kosmorebi.com, hereinafter referred to as the "Customer". Any
purchase on the Site automatically implies acceptance of all of these
conditions.
1. SELLER IDENTIFICATION
This website kosmorebi.com is published by
Innovescence SAS, with a capital of 40,000 euros, registered with the Bayonne
Trade and Companies Register under number 913276937, with its head office at:
Rue Léon Larregain, 64240 Hasparren,
2. GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND
CONDITIONS OF SALE (HEREINAFTER THE GTC)
1. Purpose of the GTC
The GTC are exclusively applicable to the online
sale of Innovescence products on the Kosmorebi.com website (hereinafter the
site), which is open for access.
2. Scope of application of the GTC
The GTC exclusively govern online sales contracts
for Innovescence products (hereinafter referred to as the professional seller)
to buyers who are consumers (hereinafter referred to as consumers) and, along
with the online order, constitute the contractual documents enforceable against
the parties, to the exclusion of all other documents, prospectuses, catalogs or
product photographs, which are for informational purposes only.
The GTC are exclusively applicable to products
delivered to consumers established in France and/or in a member country of the
European Union.
The GTC, as well as all contractual information
mentioned on the site, are written in French.
3. Availability and enforceability of the GTC
The GTC are made directly available to consumers
on the seller's website. The GTC are enforceable against the consumer, who
acknowledges, by checking a box provided for this purpose, having read and
accepted them before placing an order.
Validation of the order by its confirmation
implies the buyer's adherence to the GTC in force on the day of the order,
which the professional seller ensures are retained and reproduced in accordance
with Article 1127-2 of the Civil Code (formerly C. civ., art. 1369-4).
4. Modification of the GTC
These GTC were updated on January 6, 2023.
The professional seller reserves the right to
modify its GTC at any time.
In the event of modification of the GTC, the
applicable GTC are those in force on the date of the order, a dated copy of
which may be provided to the consumer upon request.
5. Clauses of the GTC
The nullity of a contractual clause does not
entail the nullity of the GTC. The temporary or permanent non-application of
one or more clauses of the GTC by the professional seller shall not constitute
a waiver on its part of the other clauses of the GTC, which continue to produce
their effects.
3. PRODUCTS
1. Characteristics
The products offered for sale and presented in the
catalog published on the site each have a description outlining their essential
characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not
constitute a contractual document.
Nevertheless, Innovescence makes its best efforts
to ensure that the photographs of the Products are as consistent as possible
with the Products actually delivered to the Customer (product color in
particular). However, Innovescence cannot guarantee that the Products will be
exactly identical to the photographs, especially due to technical constraints in
making the photographs available on the Site.
Furthermore, Innovescence strives to present and describe its Products as
accurately as possible. Nevertheless, while endeavoring to provide a faithful
representation of the essential qualities of its Products, Innovescence cannot
guarantee an exhaustive communication of all the characteristics of each
Product. Users who wish to receive additional information about a Product are
invited to contact Customer Service at the following address:
contact@innovescence.com
The User declares to be fully aware of the provisions of this article and
agrees not to hold Innovescence liable in this regard, subject to the
application of mandatory legal provisions (in particular the guarantee of
conformity).
2. Use of products
The site offers for sale products for personal
care. These products are intended for private individuals only.
Some of the products offered on the site can be
highly concentrated, very powerful, and potentially dangerous if used
incorrectly, especially concentrated serums. Innovescence provides consumers
with the necessary information for proper use of the products.
Innovescence cannot be held responsible for damages
caused by improper use of the products sold on its site or by failure to comply
with usage precautions.
3. Compliance
The products comply with the regulations in force
relating to the safety and health of individuals, fair commercial transactions
and consumer protection at the time of their placement on the market. The
products comply with the provisions of French law in force at the time of their
placement on the market.
4. Stock availability
Products are offered and delivered within the
limits of available stock.
In the event of unavailability of the ordered
product, the seller immediately informs the buyer and may offer a product of
equivalent quality and price or, failing that, a voucher for the amount of the
order usable for any future order.
In case of disagreement from the buyer, the seller
will refund the sums paid within 5 working days.
Apart from the refund of the price of the unavailable
product, the seller is not liable for any cancellation indemnity, unless the
non-performance of the contract is personally attributable to him.
5. Resale of products
The products sold on the site may not be resold
without the written consent of Innovescence.
The products sold on the site may not be
repackaged and resold without the written consent of Innovescence.
4. PRICES
1. Selling price
The selling prices, in accordance with Article L.
112-1 of the Consumer Code, are indicated, for each of the products appearing
in the electronic catalog, in euros all taxes included, excluding delivery and
transport costs mentioned before order validation and billed separately.
The total amount due by the consumer is indicated
on the order confirmation page.
The selling price of the product is the one in
force on the day of the order.
The selling price of the products does not include
shipping costs, which are billed in addition to the price.
In the event of a price promotion, the
professional seller undertakes to apply the promotional price to any order
placed during the period of the advertisement made for the promotion.
2. Modification
The professional seller reserves the right to
modify its prices at any time, while guaranteeing the consumer the application
of the price in force on the day of the order.
3. Costs
Additional transport, delivery or postage costs
(to which any other costs borne by the seller must be added), of which the
customer was able to take note before the order, are set out on the order form.
5. OUR OFFERS
Innovescence offers the sale of its products on the website
www.Kosmorebi.com to consumers with the legal capacity required to place an
order. Innovescence cannot be held responsible for verifying the legal capacity
of each customer.
6. CUSTOMER SERVICE
For any information, advice, or complaint, you can
reach our customer service by email 24/7. The contact form, available by
clicking on "Contact us", allows for quick processing of your
questions. Our customer service can also be reached by phone at 06 67 28 94 26
from Monday to Friday, from 9:30 AM to 12:30 PM and from 1:30 PM to 5:30 PM
(cost of a local call).
7. ORDER
1. Steps for concluding the contract
To place an order, the consumer, after having
filled their virtual shopping cart by indicating the selected products and desired
quantities, then clicks on the "Order" button and provides the
information related to delivery and payment method.
Before clicking on the "Confirm order"
button, the consumer has the possibility to check the details of their order
and its total price and to return to previous pages to correct any errors or
modify their order.
Confirmation of the order implies acceptance of
the GTC and forms the contract.
An email acknowledging receipt of the order and
its payment is sent by the seller as soon as possible.
2. Order modification
Any modification of an order by the consumer after
confirmation of their order is subject to acceptance by the professional
seller.
The professional seller reserves the right to make
modifications to the ordered product that are related to technical developments
under the conditions provided for in Article R. 212-4 of the Consumer Code.
3. Order validation
The professional seller reserves the right to
refuse any order for legitimate reasons and more particularly if the quantities
of products ordered are abnormally high for buyers who are consumers. The
seller may also refuse or delay the processing of an order if he suspects any
fraud, such as identity theft or theft of payment methods.
8. CONTRACT
1. Conclusion
The sales contract is formed when the consumer sends confirmation of their order.
9. PAYMENT
Payment for purchases made on the Site is made in full at the time of order.
The Customer can pay for their purchases using the following payment methods:
- Credit card (Visa, Mastercard, etc.)
- PayPal
- Payment in 4 interest-free installments (if offered at the time of order)
Payments are secured by encryption systems compliant with current standards to guarantee data confidentiality and security.
In case of credit card payment, the debit is made at the time of order validation.
The seller reserves the right to suspend or cancel any order in case of refusal of payment authorization by banking organizations or in case of suspected fraud.
10. DELIVERY
1. Definition
Delivery refers to the transfer of physical
possession of the goods to the consumer.
2. Shipping time
Under normal conditions, the professional seller
will process the order as quickly as possible from Monday to Friday, excluding
public holidays. Innovescence undertakes to ship orders within 24 working hours
following order validation and subject to stock availability.
3. Delivery time
The prepared order will be handed over to La Poste
or its subsidiaries (Lettre suivie, Colissimo, Delivengo…) or Mondial Relay,
at the customer's choice, for delivery within 2 to 3 days in Metropolitan
France or Belgium.
Orders for French overseas departments and
territories (DOM TOM) or abroad will also be shipped by La Poste or its
subsidiaries and delivered by their local partner. Delivery times vary depending
on the region or country of delivery.
In the event that delivery is not possible due to
the customer, Innovescence cannot be held responsible.
To facilitate the delivery of the order by the
carrier, the client undertakes to make the necessary efforts to allow the
delivery of the package: name visible on the mailbox, transmission of the
digicode, phone number.
4. Delivery delay
In the event of a delivery delay of more than 5
working days, the customer must inform Innovescence customer service, which
will implement the necessary and appropriate actions.
5. Delivery location
The products are delivered to the address indicated
by the customer on the order form.
6. Product conformity
If the product does not conform to the order, the
consumer must send a complaint to the professional seller in order to obtain a
replacement product or, if applicable, a cancellation of the sale.
7. Transfer of ownership
From the delivery date indicated on the order
form, ownership of the product is transferred to the buyer, unless full payment
of the price has not been received at the time of order.
11. PERSONAL DATA
1. Personal
data is collected by Innovescence when an Order is placed or when a personal
account is created by the Customer. Creating a personal account is not
mandatory to place an Order on the Site, as the Customer has the option to
place an Order as a "guest".
In addition, personal data is collected through cookies. This type of
collection is discussed in Article 9.2 below.
When placing an Order, certain personal data must be provided by the Customer
and collected by Innovescence. This includes the Customer's first name, last
name, email address, postal address, and telephone number. The same personal
data is required for the creation of a personal account.
Furthermore, the Customer can create a personal account using the Facebook
Connect interface. In this case, the Customer authorizes Innovescence to
collect the personal data contained in the public profile and the email address
associated with the Customer's Facebook account. By creating an account via the
Facebook Connect interface, the Customer expressly accepts Facebook's terms and
conditions of use, in addition to these terms, accessible at the following
address: https://www.facebook.com/terms.
This personal data is subject to automated processing for the purpose of
managing Orders and Innovescence's customer base, as well as for commercial
prospecting and statistical purposes.
It may be transmitted to Innovescence's commercial partners who contribute to
the delivery of Products and the processing of payments, solely for this
purpose, which the Customer acknowledges and expressly accepts.
In addition, as part of the online payment services used by Innovescence, these
services collect certain personal data belonging to Customers on behalf of
Innovescence.
Said data is stored for the period necessary for the purposes for which it is
collected and processed, namely for the completion of the Order placed by the
Customer, unless:
– a longer retention period is authorized or required by a legal or regulatory
provision;
– the Customer has exercised, under the conditions provided below, one of the
rights recognized by law.
Furthermore, when the Customer has created a personal account, the personal
data provided for this purpose is retained until the account is deleted, which
can be requested from Innovescence under the conditions described below.
Subject to the Customer's express acceptance through checkboxes, the Customer's
email address may also be used by Innovescence for the purpose of subscribing
to and sending a newsletter and/or transmitting promotional offers.
If the Customer no longer wishes to receive newsletters and/or promotional
offers, they have the possibility to change their choice by contacting
Innovescence under the conditions mentioned below or by using the unsubscribe
links provided in the messages.
Access to personal data is strictly limited to Innovescence employees,
authorized to process it due to their functions. The information collected may
eventually be communicated to third parties contractually linked to
Innovescence for the performance of subcontracted tasks necessary for Order
management, without the need for Customer authorization. It is specified that,
within the framework of the execution of their services, third parties have only
limited access to the data and have a contractual obligation to use it in
accordance with the provisions of applicable legislation on personal data
protection. Except for the cases mentioned above, Innovescence undertakes not
to sell, rent, assign, or give access to data to third parties without the
Customer's prior consent, unless compelled to do so for a legitimate reason
(legal obligation, fight against fraud or abuse, exercise of defense rights,
etc.).
In accordance with applicable legal and regulatory provisions, particularly Law
No. 78-17 of January 6, 1978, as amended, relating to data processing, files,
and freedoms, and European Regulation No. 2016/679/EU of April 27, 2016, the
User benefits from a right to access, rectify, portability, and erasure of
their data or to restrict processing. They may also, for legitimate reasons, object
to the processing of data concerning them.
They can thus demand that personal data concerning them that is inaccurate,
incomplete, ambiguous, or outdated be rectified, completed, clarified, updated,
or erased. The User's personal data is also deleted when the User expressly
withdraws their consent to the collection and processing of their personal
data, subject to Innovescence's legal obligations. The User may also, under the
right to portability of their personal data, retrieve it for their personal
use, or request that it be transferred to a third party, if technically
feasible. Each User may also object, for legitimate reasons, to the processing
of data concerning them, and request the restriction of data processing.
To exercise these rights, the User must send a request to the following postal
address: Innovescence, Espace Entreprise Aldatu, Rue Léon Larregain, 64240
Hasparren, or by email to contact@innovescence.com, indicating their first and
last name. Innovescence may ask the User to prove their identity by attaching
any necessary document to their request, including a copy of their identity
card or passport.
Innovescence will implement the means at its disposal to process requests
relating to Users' personal data.
In the event of a security breach on the Site or loss of personal data relating
to Users, Innovescence will inform them by email under the applicable legal
conditions. It will take all necessary measures, within the limits of its human,
material, and financial resources, to remedy the breach and ensure data
security.
Users also have a right to complain, which they can exercise with the national
supervisory authority, namely the CNIL.
To obtain more information about their rights, Users can click on the following
link: https://www.cnil.fr/fr/comprendre-vos-droits.
2. Innovescence may implement cookies on the Site. This is an
automatic tracking process that records information related to navigation on
the Site and stores information entered during visits to the Site to facilitate
its use.
Cookies installed by Innovescence are deleted from the Customer's computer
terminal after a period of 12 months.
The User can object to their installation and/or delete them by following the
procedure indicated on their browser.
In this regard, Innovescence collects the express consent of Users regarding the
use of these cookies and uses them in accordance with legal provisions,
including the General Data Protection Regulation.
Innovescence uses these cookies only to establish connection statistics and
User browsing history.
3. Users can find out about Innovescence's privacy policy at the following
link: Politique de confidentialité – Kosmorebi.
12. PRODUCT RETURNS AND RIGHT OF WITHDRAWAL
The consumer has a fourteen-day right of return from the receipt of their order
to return any item that does not suit them and request an exchange or refund,
with the exception of return costs which remain their responsibility.
The right of withdrawal can be exercised with our customer service directly from
our website in the "Contact us" section or directly by email:
contact@innovescence.com. We will send you an acknowledgment of receipt of the
withdrawal without delay on a durable medium (for example, by email).
Returns must be made in their original and complete condition, allowing them to
be remarketed as new. Any product opened or damaged by the consumer will not be
accepted for return.
In case of withdrawal, Innovescence will refund all payments received. Either by
re-crediting the consumer's bank card or PayPal account, or by bank transfer
depending on the payment method of the order.
Innovescence may defer the refund until the products are received and verified.
13. DISPUTES
Innovescence cannot be held responsible for damages resulting from improper use
of its products.
In case of a dispute, you must first contact the company's customer service by
email (contact@innovescence.com) to attempt to resolve the dispute informally.
14. PROMOTIONAL CODE
Promotional codes apply only to non-discounted base prices. Promotional codes
cannot be combined with each other or with vouchers. Promotional codes can be
used once per Customer account unless otherwise instructed by Innovescence.
These codes are not refundable during an exchange.
15. INTELLECTUAL PROPERTY
Without this list being exhaustive, the "Kosmorebi" brand, as well
as its derivatives and variations, the logos, the graphic charter, the layout,
the information, the presentation, and the content of the Site, are the
exclusive property of Innovescence. The systems, software, structures,
infrastructures, databases, and content of all kinds (texts, images, visuals,
music, logos, brands, database, etc.) relating to the Site are also protected
by all intellectual property rights or database producer rights in force, of
which Innovescence is the sole owner or rights holder. Any disassembly,
decompilation, decryption, extraction, reuse, copying, and more generally, any
act of reproduction, representation, distribution, and use of any of these
elements, in whole or in part, without the prior written authorization of
Innovescence are strictly prohibited and may be subject to legal proceedings.
Any reproduction or representation, total or partial, of the Site or its
constituent elements, such as trademarks, logos, graphic charter, layout,
information, presentation, and content of the Site, without this list being
limitative, is prohibited.
Browsing the Site does not entail any transfer of intellectual property rights
to the User. Innovescence grants the User a right to access and consult the
Site only, under the conditions and terms provided in these GTC.
16. LIMITATION OF LIABILITY
Innovescence disclaims all liability for damages of any kind whatsoever,
resulting in particular from the use of the Site or the Order of Products,
including damage to the Customer's reputation and image, or loss of data that
may occur as a result of the use of the Site.
In the event that Innovescence's liability is established and retained due to
damage suffered by the Customer and exclusively to Innovescence, this liability
is limited to the amount of the Order paid by the Customer to Innovescence.
- The User acknowledges that their use of the Site is at their own risk.
The Site is provided "as is" and is accessible without any guarantee
of availability and regularity.
Innovescence will make its best efforts to make the Site accessible 24 hours a
day, seven days a week, except in cases of force majeure or an event beyond
Innovescence's control and subject to maintenance periods, possible breakdowns,
technical hazards related to the nature of the network, or acts of malice or
any damage to Innovescence's equipment or software. - Innovescence cannot in any case be held responsible for an interruption of
all or part of the Site, whatever the cause, duration, or frequency of this
interruption. - The Site has the necessary technology to date for its access and use; the
presence of possible viruses or other harmful elements, introduced by any
means or by any third party, which may produce alterations in the User's
computer systems, cannot be excluded.
Innovescence offers no explicit or implicit guarantee as to the operation of
the Site, particularly any technical problem that may arise.
Innovescence reserves the right to modify, at its discretion and unilaterally,
at any time and without prior notice, the configuration of the Site, the
services or content offered, as well as the right to eliminate, limit,
suspend, or prohibit access, temporarily or permanently. - Innovescence's liability under the obligations of these GTC cannot be
invoked if the non-performance of its obligations is attributable to the act
of a third party, even if foreseeable, to the fault of the Customer, or to the
occurrence of a force majeure event as defined by French courts and Article
1218 of the Civil Code, or to any other event not reasonably under the
exclusive control of Innovescence.
It is agreed that in the event that Innovescence's liability is questioned,
whatever the basis and/or nature of the action, only direct and foreseeable
damages are likely to give rise to compensation. Thus, all indirect,
consequential, and/or incidental damages, such as, for example, commercial
disruption, loss of clientele, etc., will not give rise to compensation for
the User.
In any event, Innovescence's liability, in case of damage caused to the
Customer, for whatever reason, will be expressly limited and can in no case
exceed the total amount excluding taxes of the Customer's Order placed within
the framework of these terms. - The Customer undertakes to use the Products in strict compliance with the
instructions for use provided by Innovescence. Therefore, Innovescence cannot
be held responsible in case of non-compliant use of the Products by the
Customer or a third party.
17. LEGAL WARRANTY
In accordance with the provisions of the Consumer Code, the Products marketed on
the Site benefit from legal guarantees, i.e., the guarantee of conformity
(Articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden
defects (Articles 1641 et seq. of the Civil Code), allowing Customers to return
defective and non-conforming Products free of charge.
- Warranty against hidden defects.
In accordance with Articles 1641 et seq. of the Civil Code, Innovescence is
bound by the warranty against hidden defects of the Products sold that make
them unfit for their intended use or significantly affect it. The Customer
may bring an action based on a hidden defect within two years from the
discovery of the defect.
Under the legal warranty against hidden defects, Innovescence, at the Customer's
choice, undertakes, after evaluation of the defect, either:
– to refund the full price of the Product concerned; or
– to refund part of the price of the Product if the Customer decides to keep it. - Legal guarantee of conformity.
In accordance with Articles L.217-4 et seq. of the Consumer Code, Innovescence
is obliged to deliver Products that conform to each Customer's Order, namely:
– Products corresponding to the description given by Innovescence;
– Products having the qualities that the Customer can legitimately expect in
view of Innovescence's statements.
The Customer may bring an action based on a lack of conformity within two
years from the delivery of the Product, it being understood that any lack of
conformity appearing within two years from delivery is presumed to have
existed at the time of delivery.
Under the legal guarantee of conformity, Innovescence, at the Customer's
choice, undertakes, after evaluation of the defect, either:
– to refund the price of the Product concerned; or – to exchange the Product
for a Product conforming to its Order, if this is possible.
18. MISCELLANEOUS PROVISIONS
-
Partial invalidity
If one or more stipulations of these GTC are held to be invalid or declared as
such in application of a law, a regulation, or following a final decision of
a competent court, the other stipulations will retain their full force and
scope. -
Non-waiver
The fact that one of the Parties does not invoke a breach by the other Party
of any of the obligations referred to in the GTC shall not be interpreted for
the future as a waiver of the obligation in question.
In the event of a dispute relating to an Order, the Customer must
first contact Innovescence to find an amicable solution, by email at
contact@innovescence.com.
The mediator can only be seized after the Customer has taken
prior written steps with Innovescence.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the
European Commission has set up an Online Dispute Resolution platform,
facilitating the independent extrajudicial resolution of online disputes
between consumers and professionals in the European Union. This platform is
accessible at the following link: https://webgate.ec.europa.eu/odr/.
These GTC are governed by French law, unless otherwise
mandatorily provided.
Failing an amicable solution and whatever the origin of the conflict, disputes
relating to the execution or interpretation of these GTC will be
submitted to the competent courts of Paris, unless otherwise mandatorily
provided. For all intents and purposes, it is specified that the deadlines
for legal action are not interrupted during the period during which an
amicable solution is sought or mediation is requested.
19. APPLICABLE LAW
This contract
and the GTC governing it are subject to French law
20. UNIQUE IDENTIFIER
Kosmorebi has joined Citéo, an eco-organization approved by the State,
with the aim of managing and eliminating waste generated by its activity.
Unique identifier: FR356781_01NBRZ
