General Terms and Conditions for Distance Selling "Individuals"
Lyon, dated 1 November 2017
Updated on this date and valid for orders submitted subsequent to this date.
Dear Customer: Please read these general terms and conditions of sale carefully, as they must be accepted prior to the completion of your Order. They govern all of the steps necessary for the issuance of your Order and ensure that both you and we can monitor such Order.
These General Terms and Conditions of Sale, also referred to as the GTCS, govern the sales relationship between the company Skinjay, operator of the website with the domain name www.skinjay.com, also referred to as the "Seller", and its "Individual" customers, also referred to as the "Customer".
The Skinjay company is:
- A public limited company under French law (“society anonyme”) with a share capital of 132,665.60 euros,
- Registered office located at 14, avenue de l'Opéra, 75001, Paris (France),
- Registered in the Trade and Companies Register of Paris under the no. 539 292 151,
- Intra-community VAT number: FR 795 392 921 51,
- Telephone: +33 (0)22.214.171.124.20 - no surcharges for calls - (from Monday to Friday, from 9 a.m. to 5 p.m.).
The website www.skinjay.com can be contacted by e-mail at email@example.com
The director of publication for the website is Mr Nicolas PASQUIER in his official capacity as Chairman of the company Skinjay S.A.
The company OVH provides hosting services for the website (registered office: 2 rue Kellermann - 59100 Roubaix - France).
Skinjay and its service providers (host, access suppliers, etc.) attempt to limit the unavailability of access to the Website and to correct as soon as possible any defects (decline in speed, etc.) which may occur. In addition, Skinjay will notify its Customers of maintenance operations, whether scheduled or exceptional, and if these may result in unavailability and it consequently cannot be held liable for the consequences thereof. It shall be incumbent upon the Customer to possess the appropriate IT tools and parameters for usage of the Website.
The issuance of an Order via the e-commerce website accessible over the Internet at www.skinjay.com shall automatically be deemed an agreement by the Customer to be bound without reserve by these General Terms and Conditions of Sale, which shall prevail over any provisions contained in any other applicable documents and communications media (brochures, etc) issued by www.skinjay.com, which shall be deemed solely for information purposes.
The Customer has the option, prior to the issuance of an Order, to save these General Terms and Conditions of Sale on permanent media and to print them.
As consultation of the Website is provided free of charge, the Customer has no obligation to make a purchase.
The Contract shall be concluded in French. It shall be formed upon the acceptance of the Order by the Seller.
Each Party agrees to perform the obligations resulting from the order issuance process in good faith and to perform the sales contract resulting therefrom.
ARTICLE 1 - DEFINITIONS
The following terms, used in these General Terms and Conditions of Sale, whether in the singular or the plural, shall have the following meanings:
"Customer": any individual who is an Internet user and has the legal capacity to issue an Order, acting for their own account and for their own requirements and without any direct connection with any business or trading activity.
"Order": any order for Product(s) submitted by the Customer to the Seller via the Website, provided it has been accepted by the Seller; such acceptance by the Seller shall result in the conclusion of a Contract of Sale for the Product(s).
"Product": the new products sold on a retail basis by the Seller via the Website (within the limits of the remaining quantities available).
"Skinjay Website" or "Website": all of the web pages published by the Seller and available at the following Internet address: www.skinjay.com
ARTICLE 2 - SCOPE OF APPLICATION
These Terms and Conditions shall apply to any Order submitted to the distance selling website www.skinjay.com: the General Terms and Conditions of Sale must be expressly approved by the Customer by very visibly ticking the box at the time of the validation of the Order. Such validation shall result in firm and final acceptance of the published General Terms and Conditions of Sale in force as of the time of the issuance of the Order without reserve.
Hence as previously stated, it shall be incumbent upon the Customer to review all of the terms hereof prior to issuing an order and, if applicable, to call the Seller's "Customer Service Department" in the event of any questions.
Any stipulation or condition contained in any document whatsoever issued by the Customer that derogates from these General Terms and Conditions of Sale shall be unenforceable against the Seller, unless it has been accepted in writing by the latter. Any waiver on its part as to the interpretation or performance of any of the provisions of these General Terms and Conditions of Sale shall in no circumstances be deemed a waiver of its rights in the future, the provisions of these Terms and Conditions shall remain in full force and effect.
Use of the Product:
- The Customer is informed (and accepts) that the Product is a shower product intended solely for the distribution of essential oils and perfumes through installation in a suitable bathroom / shower room (and not in a sauna, Turkish bath etc.), and excluding any special or unusual use or need sought by the Customer, the latter having the required abilities to make its own evaluation prior to the issuance of the Order. The modules are not suitable for a usage other than the distribution of essential oils mixed with water (the use of any other liquid not being authorised).
- The Product is not personalised.
- It is noted that the smells and the values they evoke scented under the shower may differ depending upon the user and the manufacturing lot and are not intended to be experienced beyond a few minutes under normal conditions of use. Modification (addition, etc.) of the content of the capsules cannot, has not and should not be made.
- Tested dermatologically, the Product is not intended to be applied directly to the skin, but used exclusively in the Skinjay shower modules and rinsed off, in accordance with the aforementioned use.
- Do not use on mucous membranes and eyes.
- Use of the Product is not advised for pregnant women and breastfeeding mothers.
- Use of the Product is not advised for children less than three years old.
- The Module is only designed for the Skinjay Capsules.
- Do not swallow.
- Keep out of the reach of children.
- The capsules are for a single use and are not suitable for any other method of use.
- Usage by the Customer of the Product shall not include disassembly thereof.
ARTICLE 3 - PRODUCT INFORMATION
In application of Article L111.1 of the French Consumer Code, the information contained in the product files provide the Customer with the essential information with respect to an article, prior to the issuance of their order (obligation as to pre-contractual information).
Skinjay has used its best efforts to ensure that the information and images are presented as accurately as possible. However, the data and images (photos, logos, animations, illustrations, etc.) are provided for information purposes only. Skinjay shall not be liable for any applicable errors and/or deficiencies present on the Website. It shall thus be incumbent upon the Customer to exercise good judgement and care at the time of the issuance of an Order.
The Seller may modify the range of Products offered for sale via its Website at any time, in particular as a consequence of the constraints imposed by suppliers and service providers.
The Products comply only with the French legislation in force.
The Seller shall not be liable for any non-compliance with the legislation of a country to which the Product may be delivered or in which it may be used (e.g.: in the event the product is prohibited, …). It shall be incumbent upon the Customer to verify with the competent authorities whether or not it is possible to import or use the Products and services that it envisages ordering.
The Seller provides no warranty that the information included on the packaging for the Products is translated into all the languages of the European Union. However, such information is available at a minimum in French and/or in English, only the French version shall govern.
The Seller has avoided any statements whose presentation does not permit easy reading of these GTCS (i.e.: no small fonts, etc.).
ARTICLE 4 - ORDERS
Orders shall be issued by the Customer, and shall be accepted within the limit of the stocks available, on the Website www.skinjay.com using the following ordering process and shall be concluded on-line through a succession of screens in which the various steps that the Customer is required to follow are indicated ("first click" and "second click" procedure) in order to validate their Order and with respect to which the Customer agrees to provide accurate and up-to-date information about themselves:
1. Registration or identification: pursuant to the French Data Protection Act of 6 January 1978, the Customer possesses a right of access, modification and rectification as to their personal data (approve the Data Protection Act paragraph)
2. Add product(s) to the basket
3. Update the basket: additions, changes in quantities, deletions
4. Validate the order
5. Select the delivery address
6. Payment: "Order with payment obligation"
7. Confirmation of the order received by e-mail.
The Customer may consult a summary of their Order by clicking on the button "See the basket". At this stage, the Customer can verify the details of their Order and identify any applicable errors and correct them. The Website thus permits the Customer, prior to the conclusion of the Contract, to verify and check its selections and correct them or cancel them.
A Customer Order shall be definitive. Consequently, any modification or cancellation of an Order for any reason whatsoever, shall only be permitted with the express prior consent of www.skinjay.com, with the exception of the withdrawal period specified in the French Digital Economy Act.
The Customer has the option of following their Orders, in the "My Account" space. Skinjay recommends that Customers retain a record of the data for their Order on paper or on a reliable form of digital media; for its part Skinjay will retain a record of the conclusion of the sales contract for the duration required by law.
A summary of the Order will be sent to the Customer at the e-mail address that it provided. The summary of the Order will include:
- a description of the Product(s) covered by the Order,
- the procedures for secure payment as well as any applicable delivery expenses,
- the expected delivery date,
- a link providing access to the GTCS in force as of the date of the Order.
The Customer expressly agrees to the usage of an e-mail for the Seller's confirmation of the content of the Order. More generally, it is expressly agreed that e-mails shall be binding between the Parties as well as the automatic record systems used on the Website, in particular as to the nature and date of the Order.
The Seller reserves the right to refuse an Order:
- in the event of unpaid invoices (in whole or in part), insolvency and/or fraud,
- manifest abnormalities (examples: in terms of frequency, excessive volumes, etc.).
The Customer may not assign all or part of the Contract without the prior express written consent of the Seller.
No delivery will be made until the Customer has paid the price and any additional expenses owed to the Seller.
If you have any questions or need any information, our Customer Service Department is available
- By e-mail at the following address: firstname.lastname@example.org
- By regular mail at the following postal address: 28 rue d’Enghien 69002 Lyon, France
- By telephone at the following number, for which no surcharges apply: +33 (0)126.96.36.199.20 (Monday to Friday from 9 a.m. to 5 pm).
ARTICLE 5 - PRICES
All prices on the Skinjay Website, whatever the communications media used, are posted Inc VAT in euros (€), using the VAT rate applicable in France as of the date of the order as indicated separately on the basket webpage.
The prices applicable to the Order (including the rate of VAT) shall be those in force as of the date of the Order. The Customer is informed that prices may change between two separate Orders.
The prices for the Products do not include the delivery charges. The delivery charges are specified during the ordering process on the webpage for the selection of the method of delivery.
ARTICLE 6 - PAYMENT TERMS
The Customer shall be required to pay using a credit or debit card of which it is the holder (Visa, Visa International or MasterCard only). The delivery process will commence upon the Seller's receipt of payment in full.
Reservation of title: The Seller shall retain full title to the Products until payment in full of the price, related expenses and taxes. This shall not prevent a transfer of the risks (of loss and damage) to the Customer at the time of the delivery of the Products.
The Customer expressly agrees that the submission of its credit or debit card number to the Skinjay Website shall be deemed an authorisation to debit its account for the amount of the available Products ordered.
In order to ensure the protection of the debit or credit card, Skinjay has chosen the PayZen secure payment solution with 3D Secure.
The Skinjay Website uses SSL encryption procedures. Hence, only PayZen possesses the confidential information (card number, expiration date) which is unavailable to Skinjay or any third parties. In the event a card is rejected, the Customer will be informed of the rejection by e-mail and the Order will be automatically cancelled.
The payment invoice is available in the "My Account" space on the Skinjay Website.
The Customer shall be deemed to have certified that the Customer is authorised to make use of the credit or debit card used and that such card provides access to sufficient funds, originating from a legitimate source, to cover the costs necessary for the payment of the Order.
ARTICLE 7 - GEOGRAPHIC DELIVERY ZONES - DELIVERY CHARGES
Deliveries can only be made to the countries referenced in the "delivery" tab included on the Website at the time of the issuance of the Order.
As of the date of these General Terms and Conditions, the only countries that we can deliver to are those located within the European Union including Great Britain and Switzerland.
The VAT rate (in force as of the date of the Order) applied is the rate applicable in France. The Customer is only required to pay the delivery charges and additional expenses that are indicated in accordance with the method of delivery selected.
For certain countries, additional expenses may be added to the total price in order for the Customer to take possession of their purchase: such as customs expenses specific to the country of delivery, specific carrier / delivery / logistics charges, etc. which the Seller may not know at the time of the issuance of the Order. A Customer that does not accept such additional expenses shall be deemed to have refused delivery, the Order will then be cancelled and the price reimbursed.
The protection of your privacy is important for us and we draw the attention of our international customers to the fact that trans-border deliveries are liable to be opened and inspected by the customs authorities.
In all circumstances, in the event that all or a portion of the Products become unavailable after the issuance of the Order, the Customer will be informed on the Website as well as, if applicable, by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of their Order.
ARTICLE 8 – DELIVERY
Two methods of delivery are offered to a Customer, who may be asked to provide proof of their identity:
• So Colissimo, without signature (at home);
• So Colissimo - to a nearby retail establishment for a "pickup point" delivery.
The details for each service are provided in the "choice of delivery" section during the order process.
The delivery will be made to the address referenced in the order (other than PO boxes). The Customer shall be responsible for taking the necessary measures to receive or collect the Product. The risks to and caused by the Product shall be transferred to the Customer at the time of delivery. The Products shall be packaged in conformity with the Contract or customary practices.
Deliveries in France are generally made by service providers within 2 to 4 business days once the package has been prepared. An additional time may be required for delivery in Corsica, outside of France or to an island with bridge(s). Outside of France, delivery times will vary from one country to another depending upon the distances and the specific (and sometimes unseen) circumstances affecting the delivery organisation, etc.
Orders issued on Friday after 11 a.m. are prepared on Monday (or the next business day if the Monday is a national or public holiday). The delivery deadline will be indicated to the Customer prior to validation of the Order. The delivery deadline is indicated in business days, excluding Saturdays, Sundays and national holidays. The Seller will try to deliver the Products orders within a time-limit that does not exceed 7 days depending upon the circumstances.
In the event of the deadline being exceeded for a reason imputable to the Seller, the Customer may submit a request in writing for the cancellation of the Order, and obtain reimbursement within 30 days.
In the event of the expected delivery deadline being exceeded for an extended period, the Customer, pursuant to Article L 138-2 of the French Consumer Code, is entitled to cancel their Order and obtain reimbursement, but is not be entitled to any damages.
If the Customer has not had any news of their order after 5 business days following the notice of the shipment of the package, they can contact the Seller and its Customer Service Department.
The Customer Service Department of www.skinjay.com will then open an enquiry with the carrier. The Customer will receive an e-mail indicating that an enquiry has been opened. The time required for a definitive response from carriers varies from one to three weeks from the sending of the e-mail to the Customer.
In all circumstances, the Seller will promptly contact the Customer with a view to proposing a solution such as sending a new delivery at the expense of the Seller. The Customer will always be entitled to cancel their Order in which case the price will be promptly reimbursed.
It is incumbent upon the Customer to take care to inspect the quantity and quality of the Product upon receipt and in the presence of the carrier/deliverer who will deliver a receipt for any reserves (Certain deliverers or carriers do not always have sufficient time for this step but Skinjay recommends that the Customer takes the few minutes that are necessary).
In the event of damage in transit or a missing item, the Customer should submit the customary reserves in writing, regarding the apparent defects or the non-conformity with the Order, directly to the person who made the delivery then inform the Seller within 14 days of such date (while retaining the invoice and the signed delivery slip). The Seller will then provide the Customer with identical replacement products or reimburse the Customer once the Seller has received the Products concerned. Any claim submitted beyond the time-limit, without legitimate reason, will not be accepted.
The Seller reserves the right to verify the returned Product(s) and investigate the reasons for the claim, the value of the Product or the seriousness of the defect in conformity indicated by the Customer.
ARTICLE 9 – WITHDRAWAL: 14 DAYS
You have a right of withdrawal i.e. the right to cancel your purchase of a Product on our website without the need to provide any reasons.
Steps to be followed: If you wish to withdraw, your request must be submitted in writing (by regular mail or e-mail) or submitted on line from your account, using the page "Order History", within a time-limit of 14 days of the receipt of the Product.
Skinjay will provide an acknowledgement of receipt for your withdrawal, by e-mail. You will receive a return merchandise authorisation for the return of the Product.
Your request must include the following information:
Your contact details: name, address and telephone number
Sent to: Skinjay 28 rue d’Enghien 69002 Lyon, France.
Or by e-mail to email@example.com
Examples of a request:
Example no. 1:
Please find attached (specify the product) that I received on (date) as a consequence of a distance selling Order I submitted on . . . . with the no. . . . . . . . .
In conformity with the statutory provisions as to the right of withdrawal, please reimburse me the sum of € xxx, corresponding to the total amount of my Order.
Example no. 2:
I am hereby notifying you that I am exercising my right of withdrawal for:
The following Product(s) (indicate the name included on the package):
Ordered on: . . . .
Pursuant to Order no.: . . . . .
Received on: (please attach proof of the date of receipt).
The Product must also be shipped (at your expense) to the following address: 28 rue d’Enghien 69002 Lyon, France, within a time-limit of 14 days from the date you sent your letter (the date franked by the Post Office governing) or of the e-mail informing us of your withdrawal.
Upon receipt of the Product, we will reimburse you for the payments already received, but you will be responsible for bearing the costs of the shipping costs for the return of the Product.
However, Products that are returned incomplete, spoiled, damaged or used cannot be accepted since this is not covered by the right of withdrawal.
As a health and safety measure, as this relates to cosmetic products, the Products must mandatorily be returned non-used, fully protected, in their original and undamaged packaging, in perfect condition for sale (not spoiled, scratched, damaged nor soiled by the Customer) accompanied by all applicable accessories, instruction notices, installation keys and documents, to the address indicated, accompanied by the original sales invoice, of which the Customer shall retain a copy. Failing which, the exercise of the right of withdrawal will not be accepted.
The Customer's attention is drawn to the fact that the module being chromed, any attempt at assembly / disassembly is likely to scratch it, thus rendering it unsuitable for return. If the module is furnished with a removable cover, the condition of the cover is not an issue with respect to the acceptance of returned merchandise.
In the event of damage to a Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, Skinjay reserves the right to refuse reimbursement of the Product.
In the event of an Order of capsules, only the entire lot may be returned, thus excluding a number less than the number of capsules ordered or capsules from another Order.
The right of withdrawal may also be exercised from the time of the Order and prior to delivery. In such event, the Order will be purely and simply cancelled and we will inform our bank for the reimbursement.
No payment on delivery charges for returns will be accepted, whatever the reason.
We cannot accept packages for which there is no item attached allowing the shipper to be identified (order no., e-mail address, family name, forenames, invoicing address, delivery address if different from the invoicing address).
For returns for any other reason than the exercise of the right of withdrawal (non-conforming or damaged product, error as to the contents of the order, etc), the Customer is requested to contact the Seller's Customer Service Department who will provide the Customer with the necessary information to satisfy their request and will provide, if applicable, a new delivery.
ARTICLE 10 – 30 DAYS HAPPY OR REIMBURSED OFFER - SATISFIED OR REIMBURSED
As a Customer you could naturally change your mind in a situation that does not meet the exact requirements applicable to the statutory right of withdrawal.
Hence you may be able to benefit from the "30 DAYS HAPPY OR REIMBURSED OFFER" Offer for a period of 30 days from the date of receipt of the product(s) that you ordered.
This type of offer does not apply throughout the year but only in specific circumstances such as 'promotional offers', certain specific holidays, etc. decided by the Seller who may add them to the specific terms of sale.
Our offer is valid for the modules and only for the modules ("Module(s)"), on their own or in a Discovery Kit. All other products, whether capsules or accessories are thus not covered by the Offer.
We may suspend or cease such an Offer at any time and update our GTCS and publish a message on our Website to prevent access to the mechanism for this Offer.
The Offer is limited to one module per household. The definition of a household refers to people living at the same mailing address, as evidenced by identical delivery addresses at the Skinjay.com website.
It only applies if the Module in question was ordered by the Customer from our website and these General Terms and Conditions of Sale are applicable (except for the 14-day statutory right of withdrawal which only applies pursuant to the conditions set forth in Article 9).
To exercise your reimbursement rights with respect to our Offer, please follow the following steps:
Please send your request in writing (by regular mail or e-mail) or submit it on-line from your account, "Order History" page, within a time-limit of 30 days from the date of receipt of the Product.
The request must include the following information:
Your contact details: name, address and telephone number
Sent to the attention of: Skinjay 28 rue d’Enghien 69002 Lyon, France.
Or by e-mail to firstname.lastname@example.org
I am hereby notifying you of my request for reimbursement pursuant to your "30 Days Happy or Reimbursed" Offer for:
The following Product(s) (indicate the name included on the package):
Ordered on: . . .
Pursuant to Order no.: . . . . .
Received on: (please attach proof of the date of receipt)
Please also provide us with an explanation on a few lines of the reason for your decision. These explanations are very useful for us.
We will send a return e-mail for the shipment of the product accompanied by a voucher to be included in your package.
1°) Carefully place the Module to be returned in a package suitable to best protect it.
2° Slide the voucher (received by e-mail) into your package.
3°) Send the package (at your expense) to the following address: 28 rue d’Enghien 69002 Lyon, France, within a time-limit of 30 days (absolute time-limit) from the date you sent your letter (the date franked by the Post Office governing) or the e-mail informing us of your request. Beyond this time-limit, Skinjay reserves the right to refuse reimbursement.
4°) Upon receipt of the Module, within such time-limit, we will reimburse you for the payments already received (via the credit or debit card used to issue your Order), but you will remain liable for the shipping expenses for the return of the Module.
The Products must imperatively be returned protected, not spoiled, damaged nor soiled, accompanied by all applicable accessories, instruction notices, installation keys and documents, to the address indicated, accompanied by the original sales invoice, of which you have retained a copy.
In addition we cannot accept return packages for which there is no item attached allowing you to be identified (order no., e-mail address, family name, forenames, invoicing address, delivery address if different from the invoicing address).
If the Module is not returned under these conditions, Skinjay reserves the right to refuse reimbursement.
ARTICLE 11-WARRANTIES / LIABILITIES / DISPUTES / APPLICABLE LAW
The Seller warrants that the Product ordered:
• complies with the contractual specifications stated on the Website,
• is free of any defects in materials, design or workmanship,
• has been designed and manufactured with care in compliance with the rules and standards in force in France as of the date of the issuance of the Order.
The photographs and text reproduced to illustrate the products presented shall have no contractual value; in addition the photographs are simply suggestions as to presentation. Consequently, the Skinjay Website shall have no liability in the event of an error or divergence in interpretation from any of such photographs or such text.
The Skinjay Website cannot be held liable for damage of any nature, whether tangible or intangible, which may result from improper operation or improper use of the purchased Products.
The Products shall be used under the supervision, control and liability of the Customer, and it shall be incumbent upon the Customer to proceed with any required prior checks and to take appropriate measures to guard against any damage to themselves, their property, their employees or third parties. The Customer agrees to mitigate any applicable damage and injury.
The sales warranty exclusively covers the products purchased and used for domestic purposes and does not cover any damage which may result from improper use, negligence, non-compliance with the instructions for use or unauthorised modifications or repairs to the product. Such warranty does not apply to problems with packaging or delivery of the product during shipment by its owner.
It also does not include normal wear and tear of the Product, maintenance or replacement of consumable parts, nor the following circumstances:
- use of non-suitable water or consumables,
- any accidents related to fire, flood, lightning, etc.
- mechanical, overloading and/or abnormal water pressure damage
- entry of insects or dust into the product
- business or commercial use
- stains, discolouration or scratches
- damage resulting from shock or falls
- damage resulting from thermic shock.
The warranty does not apply to a Product that has been disassembled, even partially.
This warranty of does not affect in any respect the statutory rights benefiting any consumer, which cannot be excluded or limited. The Customer is thus entitled to benefit from the provisions of Articles L.211-4 et seq. of the French Consumer Code and the parallel provisions of the French Civil Code. The statutory warranty of conformity applies independently of any sales warranty granted if applicable.
* Article L211-4 of the French Consumer Code: the seller shall be obligated to deliver a good that complies with the contract and shall be liable for defects in conformity that exist at the time of delivery. The seller shall also be liable for defects in conformity resulting from packaging, assembly or installation instructions when it is responsible for them under the contract or it has been liable for their implementation.
Article L211-5 of the French Consumer Code: in order to comply with the contract, the goods must:
1º Be fit for the purpose that is customarily expected of a similar good and, if applicable: correspond to the description provided by the seller and possess the qualities that the seller presented to the purchaser in the form of a sample or model;- present the qualities that a purchaser can legitimately expect having regard to the public statements made by the seller, the producer or by its representative, including in packaging or labelling; or
2º Present the characteristics mutually agreed between the parties or be fit for the specific purpose sought by the purchaser, which the seller was informed of and the latter accepted.
Article L211-9 of the French Consumer Code: in the event of a defect in conformity, the purchaser shall have the choice between repair and replacement of the goods.
However, the seller can choose not to comply with the purchaser's choice if such choice involves a manifestly disproportionate cost having regard to the other procedure, given the value of the good or the significance of the defect. The seller shall then be obligated to proceed, unless it is impossible, in accordance with the procedure not selected by the purchaser.
(2) Article L211-12 of the French Consumer Code: A claim resulting from a defect in conformity shall be time barred two years after the delivery of the goods.
Article 1641 of the French Civil Code: A seller shall be obligated to warranty the item sold against hidden defects which renders it unfit for the purpose for which it is intended, or which so reduce such usage, that the purchaser would not have purchased it, or would have given a lower price, if he had known of it.
Article 1644 of the French Civil Code: In the cases in Articles 1641 and 1643, the purchaser shall have the choice between returning the item and being reimbursed for its price, or keeping the item and being returned a portion of the price.
Article 1648 paragraph 1 of the French Civil Code: A claim for a latent defect must be brought by the purchaser within two years of the discovery of the defect.
In all circumstances, the liability of Skinjay Website shall be limited to the amount of the Order and it shall not be held liable for simple errors or omissions which may exist despite all of the precautions taken in the presentation of the Products.
The Skinjay Website shall not be liable, to the Customer or to a third-party, for any indirect damage, for loss of operations, profit or revenues and/or for damage to image or reputation, that occurs in any manner whatsoever, even if such loss or damage or injury was a foreseeable by www.skinjay.com or if the possibility of its occurrence was brought to its attention.
The Seller shall not be liable for any non-performance of the Contract or any delay in its performance in the event a Product is out of stock or unavailable, force majeure, any disturbance with its suppliers or partners, or a complete or partial strike affecting the postal services and/or carriers and/or communications providers, flood, fire, and, more generally, in the event of the occurrence of events outside of its control. It is specified that the Products are shipped at the risk and expense of the Customer.
In the event of a dispute: these General Terms and Conditions of Sale, as well as the purchase and sales transactions referenced therein, shall be governed by French law to the exclusion of any of its provisions (including procedural) which would require the application of foreign law as well as the Vienna Convention on the International Sale of Goods. The Customer shall be required to first contact Skinjay to attempt to reach an amicable settlement.
In the event of a dispute with respect to the terms for the issuance of an order, its validity or its performance, the Customer shall first attempt to reach an amicable solution with the Customer Service Department.
Failing which, the French courts shall have territorial jurisdiction to hear the dispute notwithstanding plurality of defendants and/or claim under warranty, even for emergency proceedings or protective proceedings on summary procedures or on an ex parte basis.
ARTICLE 12 – INTELLECTUAL PROPERTY
All of the text, comments, artwork, illustrations and images reproduced on the Skinjay Website are covered by copyright and as intellectual property on a worldwide basis.
In such regard, in conformity with the provisions of the Intellectual Property Code, they may only be used for private usage, subject to the various different and sometimes more restrictive provisions of such Code. Any other use, without prior authorisation, from Skinjay shall constitute infringement punishable under the Intellectual Property Code.
Any reproduction, whether complete or partial, of the catalogue, text, visuals, videos and graphics of the Website shall be strictly prohibited.
The trademarks cited on the Website and the logos that accompany them are protected by their holders.
ARTICLE 13 - ACCESS TO THE WEBSITE - COOKIES
13.1 The Website grants the Customer a limited license for access and use of the Website for personal use. In no circumstances shall the Customer be authorised to download or modify all or part of such Website without the express written authorisation of Skinjay. This limited licence shall in no circumstances permit the Customer to use the website or its content for sales or any other commercial use. The Website shall in no circumstances be reproduced, copied, imitated, sold or exploited for commercial or other reasons without the express prior written authorisation of Skinjay. The Customer shall not use techniques permitting the copying of a trademark, logo or any other information (including images, text, mock-ups, illustrations, etc) included on the website, without the express written consent of Skinjay.
13.2 Cookies: Cookies are sent to your computer when you browse the website. This section will allow you to better understand how cookies function and how to use currently available tools in order to change your cookie settings.
What is a cookie?
A cookie is a small text file which the server (website) that you visit saves on your hard disk or in the memory of your browser and which permits your computer to store various technical data permitting the general monitoring of access by the public to the website (number of visits, frequency of exposure to advertising banners, connections to other sites, comparisons between new visitors and prior visitors,…) or the personalisation of the pages displayed with a view to your future interactions with the site (your account, your browsing history,…). In using our Website, you agree to receive this type of cookie on your device.
Certain cookies are indispensable for browsing the website and benefiting from its functionalities, such as access to the secure zones of the Website. The services requested, such as for example forms for competitions, cannot be furnished without the cookies.
The cookies do not retain any personal information about a user and identifying data is never recorded.
Deactivation and deletion of cookies
If you wish to know more about cookies and their impact on you and on your browsing experience, consult the CNIL website.
ARTICLE 14 -Personal Data
In application of the French Data Protection Act no. 78-17 of 6 January 1978, each Internet user has the rights of objection (Article 38 of the Act), access (Articles 39, 41 and 42 of the Act) and of rectification (Article 40 of the Act) as to the data relating to them. Hence, an Internet user may require that information relating to them that is inaccurate, incomplete, equivocal, out of date or for which the collection or use, communication or retention is prohibited is rectified, updated or deleted. Each Internet user may exercise such right by writing to: Skinjay, 14 avenue de l’Opéra 75001 Paris or by sending an e-mail to email@example.com.
Skinjay agrees to not disclose to third parties any of the information transmitted by Customers to its Website (a website as to which the maintenance and operation may be conferred upon service providers). Such information shall be treated as confidential. It will only be used by the Website's internal departments for the processing of the Customer's order and for personalising communications, including information letters / e-mails as well as in the framework of the personalisation of the website as a function of the observed preferences of users or by service providers conducting satisfaction surveys who will use such information on an occasional and confidential basis.
Skinjay does not sell, market or lease the information relating to its Customer to third parties.
This article shall not prevent the sale or disposal of the business to a third party. Consequently, in conformity with the French Data Protection Act of 6 January 1978, the Customer may exercise their right of access to files and their right of rectification or deletion as to information relating to them by sending their request (indicating their e-mail address, family name, forenames and postal address), by letter to the following address: Skinjay, 14 avenue de l’Opéra 75001 Paris or by e-mail to firstname.lastname@example.org.
ARTICLE 15 - PROTECTION OF MINORS (CHILDREN UNDER 18 YEARS OLD)
The Seller does not willingly sell its Products to minors nor wilfully solicit or collect personal data furnished by minors or relatives of minors, without the written consent of their father or mother or of a guardian.
If it learns that a person, who has submitted personal data via a part of the Seller's websites, was a minor, the Seller will do everything reasonably within its powers to ensure that such personal data is deleted as promptly as possible from its files. The Seller agrees that such personal data will not be used for any purposes whatsoever nor transmitted to third parties.
ARTICLE 16 - VALIDITY OF AND AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
Skinjay reserves the option of adapting or modify them at any time and the version applicable to any transaction shall be the version available on-line at the Skinjay Website at the time of the Order. Orders shall be subject to the GTCS in force as of the date of their issuance.
The new General Terms and Conditions of Sale shall apply to any Order issued subsequent to the time they are placed on-line on the www.skinjay.com website.
In the event that any of the non-essential provisions of these General Terms and Conditions of Sale are found by a court to be illegal or unenforceable, the other provisions shall remain in force.