GENERAL SALES CONDITIONS
Article 1 : Definitions and acceptance of the general
conditions
The company Laboratoire Cosmo Di Medici, (hereafter referred to as "The Company"), is a
simplified joint-stock company with a capital stock of 50 000 €, the
registered office of which is located at 220, ZI le Plan Oriental 83440
Montauroux, entered in the Registre du Commerce et des
Sociétés (trade and company register) of DRAGUIGNAN under the
number 480 983 840, electronic address http://www.greenmama.com. The
Company is setting up a retail sales activity via a website linked to
the Internet network for the cosmetic products presented on the site.
The electronic commerce site (hereinafter referred to as the "site")
will make information concerning the products manufactured by The
Company available free of charge to surfers (with the exception of the
telephone cost related to connecting to the site), in addition to an
online ordering and payment system, subject to observance by The Client
(hereafter referred to as "The Client") of the present general
conditions. All orders placed via the site are unreservedly subject to
the present general conditions. The present general conditions
represent the entirety of the reciprocal commitments between The
Company and The Client, who expressly accept these.
Article 2 : Products marketed via the site.
This online sales site markets cosmetic products. The Company expressly
reserves the right to add any new products, to remove all or part of
the products sold or presented on the site and to change their
presentation or cease marketing them on its site at any time, without
any obligation to inform The Client prior to this.
Article 3 : Information accessible on the site and the
limitations of liability for The Company with regard to this
information.
While taking the greatest of care when making the information and data
available free of charge on the site and updating this information and
data, The Company may not be considered liable for any inaccuracies,
errors or omissions which may possibly occur in the product
descriptions. Moreover, The Company may not be considered liable for
any typographic errors present on the site occurring outside its
control. Similarly, photographs and graphical representations of
products, in support of the texts, are provided for information
purposes only and are not included within the contractual perimeter.
These are therefore not binding upon The Company, which may not be held
liable for any inaccuracies or errors possibly introduced. More
generally, The Company may not be considered liable for: interruptions
or delays encountered on the site due to the performance of maintenance
work, due to technical breakdowns, due to cases of force majeure, due
to third parties or any circumstances whatsoever outside its control;
the impossibility of accessing the site for any periods of time due to
factors outside its control such as cases of interruptions within the
Internet network, or faults with The Client's equipment for connection
to the Internet network.
Article 4 : Orders
The placing of orders via the site is subject to the strict observance
of the procedure detailed below, and confirmed online via a succession
of various screens on which the various phases that The Client must
pass through in order for his order to be validated by The Company are
indicated. The orders are placed online, in accordance with the site’s
order form. The Client guarantees that the information transmitted to
The Company is complete, exact and up-to-date. In conformity with the Informatique
et Libertés law (data protection act) of January 6th 1978,
The Client has a right of access, modification, rectification and
deletion of any personal data concerning him. To exercise this right,
he should send an e-mail to: accueil@cosmomedici.com, or write to Laboratoire Cosmo Di Medici Service Commercial 220, ZI le Plan Oriental 83440 Montauroux. On
the order form, The Client must also enter and confirm the
identification and quantity of the products ordered (the availability
of which will be confirmed if necessary by The Company) in addition to
the purchase price (also to be confirmed if necessary by The Company).
As this concerns retail sales, the quantity of references ordered by
The Client is automatically limited in accordance with the
recommendations made to this effect by the manufacturers.
When online, The Client is able to fill his basket, delete an item that
he has subsequently decided he no longer wishes to purchase, modify the
quantities ordered or add a product by clicking on the corresponding
buttons. The Client must then confirm the invoice and delivery
addresses in addition to his chosen means of payment: cheque or
banktransfert.
If the payment is accepted by the bank an order form is transmitted
directly to The Company’s Online Sales Department. The Client is
committed as from the confirmation of the order.
For its part, The Company is committed as from the confirmation of the
order sent by The Company to The Client via e-mail, detailing all of
the information submitted by The Client with (if necessary) an
indication of any possible difficulties or reservations concerning the
order (with regard to the availability of the products ordered or the
payment method chosen). The Client has a retraction period of eight
days following the confirmation of the order. This retraction must be
notified to The Company by registered letter with proof of receipt,
sent to the following address: Laboratoire Cosmo Di Medici Service Commercial 220, ZI le
Plan Oriental 83440 MONTAUROUX.
Article 5 : Proof of order.
Generally speaking, it is expressly agreed between The Company and The
Client that e-mails are considered binding between the parties in the
same manner as the automatic recording systems used on the site,
particularly concerning the nature and date of the order.
Article 6 : Modifications of orders
Any modification of the order requested by The Client can only be taken
into account if this reaches The Company via e-mail before the products
are shipped.
Article 7 : Prices, invoicing and payment.
A/ Prices
The prices shown on the site are provided for information purposes only
and are updated on a daily basis, therefore being subject to
modification without notice. However, the invoiced prices are those
applicable on the date the order is placed. The Client may also benefit
during certain set periods from promotional offers concerning certain
products. These offers will be announced online on the site and will be
valid during the indicated period and always subject to available
stock. The prices shown are inclusive of all taxes. A financial
participation for carriage costs is invoiced additionally, and depens
of the situation of the country. For more information, please contact
our commercial department : accueil@cosmomedici.com.
B/ Invoicing
An invoice is drawn up for each delivery and is sent by The Company via
post or e-mail to The Client at the invoice address provided by the
latter when the order was taken. Any complaints concerning the invoices
must be notified to The Company via e-mail within 10 days following
their receipt and this should be addressed to accueil@cosmomedici.com.
Should this not be done, the items will be considered as accepted
unreservedly. The possible incomplete delivery of an order may not be
used to justify a refusal to pay for the products delivered. Any
litigation between The Client and The Company may under no
circumstances be considered as a reason to suspend payment for the
uncontested part of the invoice.
C/ Secure online payment by bankcard
Online payments use the SSL secure online payment system. The Client
must supply his bank details by completing the payment order form
online after having clicked on "secure payment". The transaction is
then carried out by The Client using banking security standards. Thanks
to the technical characteristics of the encryption software used on the
site, the bank details (card number and expiry date) submitted by The
Client cannot be intercepted by a third party. Consequently, none of
this information transits or is stored on the Internet. By submitting
his bank details, The Client accepts in advance and unconditionally
that The Company may proceed with the secure transaction. The Client
therefore authorises his bank in advance to debit his account upon
sight of the records or statements submitted by The Company, even in
the absence of invoices or slips signed by hand by the cardholder. The
Client's authorisation to debit his account is always granted for the
value of the products purchased as invoiced by The Company.
Article 8 : Deliveries
A/ Delivery methods.
Delivery is carried out by a haulier chosen by The Company. Delivery
will take place at the time the products are collected by the haulier
who will deliver the ordered product to the delivery address provided
by The Client on the order form, and will supply the delivery note.
Deliveries are only carried out according to availability and in the
order in which the customer orders arrive. In the event of one of the
ordered products being out of stock, The Company will inform The Client
of the new availability details for the products and unless
instructions to the contrary are immediately received from The Client,
will carry out the partial delivery of the order. Generally speaking,
orders may not be cancelled in the event of a lack of stock. No
delivery may be made if The Client is not up-to-date concerning his
obligations vis-à-vis the company Laboratoire Cosmo Di Medici.
B/ Lead time/deadlines.
The Company will do its very best to deliver the product or have the
product delivered in the best delay following confirmation of the order
by The Company. The delivery lead times are established in good faith
as precisely as possible but are subject to the supply and transport
situation and are consequently provided for information purposes only.
Delays with delivery may under no circumstances entitle The Client to
cancel orders underway and no compensation or penalty for late delivery
regardless of the causes, extent and direct or indirect consequences
may be demanded. More particularly, The Company may not be considered
liable following late delivery due to the haulier or due to any other
force majeure event. The expression "force majeure" (discharging The
Company automatically and without formality from its obligation to
deliver and more generally from all liability) is considered to include
among other things: lock-outs, strikes, accidents or production delays
at the manufacturer, war, riots, fires, floods, water damage, storms,
lightning, requisition, decision from any authority whatsoever, the
impossibility of being supplied, failings or delays in the
transportation of the products or more generally any event outside the
control of The Company.
The Company will keep The Client informed within a reasonable time of
cases and events of force majeure likely to affect the delivery process
for the ordered product. However, if 8 days following the initially
quoted delivery date the ordered product has not been delivered for any
other reason other than a cause of force majeure, the sale may then be
cancelled at the request of The Client by the sending of an e-mail to:
accueil@cosmomedici.com, and confirmed by the sending of a registered
letter with proof of receipt to the following address: Laboratoire Cosmo Di Medici 220, ZI
le Plan Oriental 83440 Montauroux. In this case, The Client may obtain
a refund for the sums paid for the order, to the exclusion of all other
indemnities or compensation. The Client will also have the possibility
to accept a new delivery date without however being able to demand a
price reduction or compensation. In all circumstances, delivery within
the deadline cannot take place unless The Client is up-to-date with his
obligations vis-à-vis The Company, regardless of causes should this
fail to be the case.
Article 9 : Reception of the products
When the products are received, it is The Client’s responsibility to
immediately check the conformity and integrity of the products sent.
Generally speaking, any reservations or comments included on the
delivery note must be complete and precise. Among other things, they
must define the damage precisely, and include the order number.
Article 10 : Returning products
10.1 : Methods and conditions.
In the event of technical anomalies with the product or errors
concerning the delivered reference, The Client should follow the
product returns procedure described below. The costs and risks of
returning the products are always at the cost of The Client. Technical
anomalies or errors concerning the reference must be notified to The
Company by electronic mail within a period of 7 days following the date
of delivery, indicating The Client's references, the number and date of
the invoice, the product reference and the quantity in addition to the
exact grounds for the request. The products must imperatively be
returned complete, in perfect condition and in their original packaging
placed in a fresh outer carton, taking care not to write on or place
any tape on the original packaging and to make the product’s return
number visible. The Company reserves the right to refuse any return
which does not conform to the above-mentioned conditions. No credit
note may be issued upon receipt of a damaged or open product if this
state has not been confirmed on the returns form following the
agreement of The Company.
10.2 : Consequences.
All returns accepted by The Company following qualitative and
quantitative verification of the returned products will lead (at The
Client's choice) to the establishment of a credit note for The Client
or the free replacement or refund for the products, to the exclusion of
all compensation and damages.
Article 11 : Guarantee
In addition to the legal guarantee against hidden defects resulting
from articles 1641 to 1649 of the French Civil Code for which The
Client must (as soon as possible) inform The Company by registered
letter with proof of receipt of the existence of such a defect, the
products sold by The Company benefit from the manufacturer’s guarantee.
Article 12 : Limitation of liability
If The Company is found liable following the non-performance or poor
performance of its services, it is expressly agreed that the total
value of the compensation may not exceed a value equal to the price of
the product at the origin of the losses.
Article 13 : Settlement of litigation.
All litigation regarding the interpretation, performance or termination
of the contract concluded between The Company and The Client, even in
the event of an action to enforce a warranty or the introduction of
third parties, will, by mutual agreement, be considered the exclusive
competence of the courts of Draguignan, France. All dealings between
The Company and The Client are subject to French law.
Article 14 : Data and liberty (freedom of information act -- law dated January 6th 1978)
The Client's personal data (last name, first name, company name, job
title, e-mail and geographical addresses, telephone and fax numbers and
bank information) are collected by The Company to ensure the optimal
administration of orders, deliveries and invoices and in observance of
the provisions of the Informatique et Libertés
law number 78-17 (data protection act) dated January 6th 1978. The
information which must be obligatorily entered by The Client in order
to be able to process the order is identified online by an asterisk. At
all times, The Client has a right of access, modification,
rectification and deletion concerning the personal information
collected by The Company concerning him. In order to exercise this
right, The Client may (at his own choice) send an e-mail to
accueil@cosmomedici.com or else write to Laboratoire Cosmo Di Medici service commercial 220, ZI
le Plan Oriental 83440 Montauroux (attaching a copy of his identity
card). By placing an order on the site, The Client grants his consent
for the use of nominative data collected during the order booking
process regarding The Company's client file for the purposes of
invoicing. The Company will retain this information for a period of two
years following the booking of the order on computerised media.
Moreover, The Company may use the personal information concerning The
Client in order to send him commercial offers likely to interest him.
In application of the Informatique et Libertés law, The Client
does however possess a right to state his opposition to the reception
of unsolicited sales prospection documents by e-mail by ticking the box
provided for this purpose online or by sending a letter to Laboratoire Cosmo Di Medici
service commercial 220, ZI le Plan Oriental 83440 Montauroux. Finally, The
Company may also transmit the personal information communicated by The
Client and concerning him to commercial partners for prospection
purposes. In application of the data and liberty law, The Client does
however have the right to oppose transmission of his personal data to
third parties by sending a letter to Laboratoire Cosmo Di Medici service commercial 220, ZI
le Plan Oriental 83440 Montauroux.
Article 15 : The "online sales" service.
The Company makes a service available to The Client in order to deal
with all questions and comments that The Client may have during the use
of the site. The online sales service can be contacted at the following
address: accueil@cosmomedici.com or by writing to Laboratoire Cosmo Di Medici service
commercial 220, ZI le Plan Oriental 83440 Montauroux.