The purpose of these General Conditions of Sale is to govern the commercial relations between our company and any buyer of our products and/or our services having the status of consumer or non-professional within the meaning of French regulations, under any purchase or service order made in our beauty center located at 17 rue de la Trémoille in Paris (75008) or by telephone (01 87 04 17 97).
These conditions define the rights and obligations of the parties.
- Définitions
- “Client”: designates the buyer, co-contractor of Skincare Agency, who guarantees to have the status of consumer or non-professional as defined by French law. The Customer must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives.
- “Skincare Agency”: designates the seller or service provider: the company Skincare Agency, referred to above.
- “General Conditions”: refers to these General Conditions of sale and/or provision of services.
- “Contract”: designates the sales and/or service contract concluded between Skincare Agency and the Customer and consisting of these General Conditions of Sale. It is formed when the Customer places the Order.
- “Quotation”: designates the document issued by Skincare Agency summarizing the characteristics of the Products and Services offered and subject to acceptance by the Customer.
- “Order”: designates the document issued by Skincare Agency summarizing the characteristics of the order or reservation made by the Customer.
- “Delivery”: means the transfer to the Customer, or where applicable to the third party designated by the Customer, of physical possession or control of the Products sold.
- “Products”: refers to all the products offered for sale by Skincare Agency.
- « Services » : designates all the aesthetic care and medicine services offered by Skincare Agency.
- ” Site “: refers to the www.skincareagency.com website.
- Acceptance of the general conditions – Pre-contractual information
The General Conditions apply to the exclusion of all other conditions and constitute, with the Order, the only contractual documents enforceable against Skincare Agency. The General Conditions are systematically transmitted to the Customer before any Order for Products and/or provision of services.
The Customer acknowledges having had communication and having read, prior to the conclusion of the Contract, in a clear and understandable manner, the General Conditions and all the information listed in articles L. 221-5 and L. 221-14 of the Code of consumption.
Placing an Order for a Product or Service implies express and unreserved acceptance of the General Conditions by the Customer.
They are fully enforceable against the Customer who accepted them before placing the order. These General Conditions can be consulted on the Site. Skincare Agency declines all responsibility in the event of any imprecision, inaccuracy or omission relating to information on its website resulting from fraudulent intrusion by a third party leading to a modification of the information.
Skincare Agency also ensures for any Order placed on its Site that their acceptance is clear and unreserved by setting up a check box and a validation click.
The Customer declares to have read all of these General Conditions, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
- Modification of the General Conditions
Skincare Agency reserves the right to modify its General Conditions at any time. The applicable General Conditions are those in force on the date of the Order.
The fact of not exercising, at any time, a prerogative recognized by the General Conditions may in no case be interpreted, either as a modification of the Contract, nor as an express or tacit waiver of the right to exercise said prerogative in the ‘future.
In the event that any of the terms of the General Conditions would be considered illegal, void or unenforceable, in particular by a court decision, the other provisions will remain in force.
- Products
The main characteristics of the Products sold and in particular their specifications, desired effects and possible side effects, are presented on the Site as well as on any product sheet or information if applicable transmitted to the Customer by Skincare Agency.
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities. The choice and purchase of a Product is the sole responsibility of the Customer.
Photographs illustrating the Products do not fall within the contractual scope. If these contain inaccuracies, Skincare Agency cannot be held responsible.
The Products are offered and delivered while stocks last.
- Services
The services offered are aesthetic treatments (for example: massages, facial treatments) and aesthetic procedures (for example: mesotherapy, laser hair removal, peeling, injections, micro needling) as mentioned on the Skincare Agency website. Aesthetic procedures require prior consultation with a doctor approved by Skincare Agency.
The Client will benefit, with regard to aesthetic actions and if desired, from a reflection period of 48 hours prior to carrying out the Service.
Furthermore, the Client is informed of the possible risks and side effects and asked to sign a document confirming their prior mutual informed consent.
- Orders
The Client expressly acknowledges that any Order carries an obligation to pay. Any Order constitutes acceptance of the description of the Products and/or Services and the prices in effect on the day of the order.
Before any Order for an amount greater than 100 euros, Skincare Agency submits to the Customer a Quote, including in particular the characteristics of the Products and/or Services (including specifications), the selling price, any Delivery costs borne by the Customer, the payment terms (including the obligation to pay a deposit if applicable) and the Delivery times. The Quote can also be established at the Client request. Acceptance of the Quote by the client constitutes confirmation of his consent and placing of the Order. A confirmation of the Order is issued by Skincare Agency and sent to the Client. In the absence of mention of a deposit, the Products are payable in full upon acceptance of the Order by the Client.
In the event of unavailability of the ordered Product, Skincare Agency undertakes to inform the Client as quickly as possible by email or telephone and to offer the provision of an equivalent Product. The Client has a period of five (5) working days to express their agreement to substitute the Product equivalent to the Product ordered. In the event of silence or disagreement from the Client, the unavailability of the product results in the cancellation of the order and, where applicable, the reimbursement to the Customer of the price of the unavailable Product within fourteen (14) days. Skincare Agency will not be liable for any additional sum, in particular any compensation.
Skincare Agency reserves the right to refuse any order for legitimate reasons, in particular if the quantities ordered are abnormally high or if there is a dispute with the Client.
Skincare Agency reserves the right to refuse the Order, for example for any abnormal request, made in bad faith or for any legitimate reason.
- Prices
The sales price of the Products and Services is expressed in euros and all taxes included (and notably includes the VAT in force).
Prices for all Skincare Agency products and services are available on site at www.skincareagency.com.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
- Paiement
The price invoiced to the Client is the price indicated on the Quote, on the Order and then reproduced on the Order confirmation.
The price invoiced is payable in cash in full, or up to the deposit mentioned where applicable on the Quote and the Order, upon acceptance of the Order by the Customer.
The actual making of funds available to Skincare Agency constitutes a payment within the meaning of this article. The Order will only be processed by Skincare Agency upon receipt of payment in full or upon receipt of payment of the deposit if applicable and subject to its collection by Skincare Agency.
In the event of partial payment of the Order by the Customer by means of a deposit, payment of the balance of the Order is required by Skincare Agency before any Delivery of the Products.
Payment methods accepted by Skincare Agency are cash, credit card and bank transfer. Payments by bank transfer must mention the Order number. Transfer costs, if the Client’s bank imposes them, will be the responsibility of the Client. The Client guarantees to Skincare Agency that he holds all the authorizations required to use the chosen payment method.
In the event of any non-payment by the Customer, the Order may be automatically canceled by Skincare Agency. In this case, the Customer will be notified by email.
- Cancelation
When booking a Service online or on site, the Customer provides their credit card imprint and/or bank details to Skincare. In the event of cancellation less than 24 hours before the appointment or failure to make the appointment, the price of the Service(s) reserved will be due to Skincare who will deduct the entire amount.
- Legal guarantees applicable to the sale of Products
Legal guarantee of conformity and legal guarantee of hidden defects
The Products automatically benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code as well as the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.
The Customer is reminded that Skincare Agency cannot be held liable, under these two legal guarantees, in the event of a defect originating from a cause external to the Product or from any action, manipulation, transformation or modification carried out by the Customer or any third party on the Product and not planned or specified by the manufacturer, or in the event of defect and deterioration caused by natural wear and tear of the Product, by abnormal use or not in accordance with the intended purpose of the Product or by defective maintenance of the product.
Implementation of the legal guarantee of conformity
The Products benefit from the legal guarantee of conformity, for the Product apparently defective, damaged or damaged or not corresponding to the Order.
Article L. 217-4 of the Consumer Code: “ The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when this‐it was made his responsibility by the contract or was carried out under his responsibility”.
Article L. 217-5 of the Consumer Code:
“The property complies with the contract:
1º If it is suitable for the use usually expected of similar goods and, where applicable:
if it corresponds à description givenée par le vendeur et possède les qualités que celui-presented to the buyer in the form of a sample or model;
s’il présente les qualités qu’un acheteur peut légitimement attendre eu éeéclarations made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good”.
Implementation of the legal guarantee against hidden defects
Skincare Agency is bound by the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Product delivered and making it unsuitable for its use.
Article 1641 of the French Civil Code: ” The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them “.
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
- Responsability
Skincare Agency undertakes to sell Products that comply with the regulations and standards in force in France and the European Union at the time of sale, in particular those applicable to cosmetic products. Skincare Agency declines all responsibility and cannot be held responsible for any damage caused to the Customer or a third party due to use of the Product not in accordance with its intended purpose. Skincare Agency cannot be held liable for non-compliance of the product with the legislation of the Customer’s country of residence. It is up to the Customer to check whether the product complies with the standards in force in his country and is not prohibited for sale.
Skincare Agency cannot be held liable in the event of non-performance or poor performance of the Contract due to the Customer’s actions, the insurmountable and unforeseeable act of a third party or a case of force majeure.
- Gift vouchers
The Products and Services are also available as gift vouchers. They are neither exchangeable, nor refundable, nor compensable, nor extendable and have no commercial value. In the event of loss or theft, they cannot be refunded or replaced and we cannot be held responsible for consumption carried out by a third party. Any formula cannot be used several times and must be done on the same day.
- Intellectual property
The Customer does not have any intellectual or industrial property rights over the Products, packaging and packaging.
The content and structure of the Site are protected by intellectual property law throughout the world. Any reproduction or representation, total or partial, of any content present on the Site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
Failure to comply with these prohibitions constitutes an infringement which may result in civil and criminal liability for the infringer.
None of the provisions of the General Conditions may be interpreted as conferring on the Client a license to any intellectual property right.
- Protection of personal data
As part of its activity, Skincare Agency, as data controller, collects and processes the data of its Clients (in particular: name, first name, address, email address, telephone number, payment information) in the compliance with regulations relating to the protection of personal data. In particular, the collection and processing of data is strictly necessary for the execution of the Contract. Its purpose is the optimal management of customer relations within the framework of the activities governed by the Contract, namely the sale of Products and/or Services. Certain personal data may be transmitted to companies that contribute to customer relations, such as those responsible for managing payment and transport of Products. The data collected is kept for the period necessary for the execution of the purposes of the Contract and in compliance with the regulations in force and the legal obligations to which Skincare Agency may be subject.
The Customer is informed that the collection and processing of data through the Order process in particular does not give rise to the implementation of an automated decision or profiling within the meaning of the regulations relating to the protection of personal data.
In accordance with the “Informatique et Libertés” law of January 6, 1978 as amended and Regulation (EU) No. 2016/679 of April 27, 2016, the Customer has a right of access, rectification, opposition, limitation, portability and erasure of personal data. To exercise your rights, or more generally for any question relating to the use of your data, simply write to us at Skincare Agency, 17 rue de la Trémoille, 75008 Paris, or by email at contact@skincareagency.com, giving us your full name and email address. Your request must be accompanied by a copy of an identity document. The Customer has the right to lodge a complaint with the supervisory authority (in France: the CNIL www.cnil.fr).
Skincare Agency’s personal data protection policy is accessible on the “Personal data and cookies” page.
- Réclamations
Complaints will always be received with attentive kindness. In the event of a complaint, the Customer should first contact Skincare Agency by email at the following address: contact@skincareagency.com to obtain an amicable solution. In the event of failure of the complaint with Skincare Agency or in the absence of a response within two months, the Client may resort to conventional mediation or any other method of resolving the dispute.
- Use of the consumer mediator
In accordance with article L. 612-1 of the French Consumer Code, the consumer, subject to article L.612.2 of the French Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his or her written complaint to the professional.
SKINCARE AGENCY has designated SAS Médiation Solution as a consumer mediation body, by means of a membership registered under number 53239/VM/2407 .
To refer a matter to the mediator, the consumer must formulate his request :
- Or in writing to : Sas Médiation Solution – 222 chemin de la bergerie 01800 Saint Jean de Niost
- Or by e-mail to: contact@sasmediationsolution-conso.fr
- Or by completing the online form entitled “Contact the mediator” on the https://www.sasmediationsolution-conso.fr website.
Whatever the means of referral used, the request must contain :
- The applicant’s postal address, telephone number and e-mail address,
- The name, address and Sas Médiation Solution registration number of the professional concerned,
- A brief statement of the facts,
- Copy of prior claim,
- All documents required to process the request (purchase order, invoice, proof of payment, etc.).
- Applicable law and competent jurisdiction
The General Conditions, the Contract and, more generally, the entire commercial relationship between Skincare Agency and the Client are governed by French law, subject to the application of the mandatory rules of the country in which the Client has his habitual residence. . The Vienna Convention on the International Sale of Goods is not applicable.
In the event of a dispute with the Customer, the parties will try as far as possible to resolve their dispute amicably. In accordance with the provisions of Brussels I bis (EU) Regulation No. 1215/2012 of December 12, 2012, in the event of a dispute with a Customer residing in a member state of the European Union, the Customer will have the option of taking action either before the court in whose jurisdiction his domicile is located, or before the courts of the Member State in which Skincare Agency is domiciled. For its part, Skincare Agency can only take action against the Client before the courts of the Member State in which the Client is domiciled. Any dispute with a Client residing outside the European Union will fall under the exclusive jurisdiction of the court at the head office of Skincare Agency.
- Diverse
The General Conditions are written in French. In cases where they are translated into one or more foreign languages, only the French version will be authentic in the event of a dispute.