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Condiciones generales de venta

1- Object and acceptance of the general conditions

Website Kaviaar Kare (hereinafter the "Site") is an e-commerce website accessible via the Internet at the following address: www.kaviaar-kare.com . It is open to all users of the network.

The site is published by the company Dermway Paris (hereinafter the seller), SAS with a capital of €100.000 Euro and headquarters situated on 34 avenue des Champs Elysées, 75008 Paris, France, registered with the Paris Commerce and Companies Register under number 789 877 206. Intra community VAT number: FR06789877206

The site is hosted by company OVH with headquarters on 2 rue Kellermann - 59100 Roubaix - France SAS with a capital of € 10 000 000.
RCS Roubaix – Tourcoing 424 761 419 00045
APE Code 6202A
VAT Number: FR 22 424 761 419
Publication manager: Octave KLABA 
Email address: support@ovh.com 
Telephone: 00 33 899 701 761

The Internet site allows the Seller to offer web users (hereinafter Users) the opportunity to purchase cosmetics products after browsing on the Site. For the purpose of these rules, it is agreed that the User and the Seller will collectively be called the Parties and will individually be called Party, and that the User having validated an order will be called Buyer. The rights and obligations of the User automatically apply to the Buyer.

The present conditions concern users enjoying full legal capacity. These conditions apply to all orders that the User will make on the Site.

Any offer of product proposed on the Site assumes the express consultation and acceptance of the present general sales conditions without this acceptance being conditional to a manuscript signature from the User. 

It is specified that the User may save or print the present general sales conditions without changing them.

The present general sales conditions are valid from January 1st 2018. The present general conditions are presented in English. We also offer a French version on our website.

The Seller reserves the right to modify the present General Sale Conditions at any time and without notice, considering that such modifications will not be applicable to orders and reservations previously accepted and confirmed by the Buyer.

These conditions apply to the exclusion of any other document. 

2. The various steps to follow to conclude a contract online

2.1 Ordering

On Internet: www.kaviaar-kare.com

There is no other means to order than the Internet.

Any order supposes the unrestricted and unreserved adhesion to the present general sales conditions.

The Buyer accepts that the purchase order registering system of the Site are valid evidence of the nature of the contract and its date.

The amount of each order is limited to a sum of €2000 Euro per order. Moreover, a same product reference may not be ordered for more than 10 articles per order.

The User selects the products by browsing the Site. Selected items are added to the cart when clicking on "Add to Cart". Each time the User clicks on "Add to Cart", a confirmation screen appears to offer a summary of the products and options selected. At any moment of the visit to the Site, the User may validate the order by returning to the cart and clicking "Checkout".

2.2 Validation of the contract

When the User clicks on ''Checkout’’, a confirmation screen appears. The User must then verify the recapitulation of the order in the order form as well as the information transmitted, including all delivery details (delivery address, building entrance code, telephone, etc.).

If the User does not have to modify the form, s/he must then acknowledge the present conditions. If the User accepts, s/he must tick the box "I agree to the terms of service and will adhere to them unconditionally.".

To validate the order, the User must click on "Order''.

After payment via the secure payment via Stripe, (see "payment methods"), a confirmation receipt appears. It gives confirmation to the User that the order is recorded. The Seller will then send an email confirmation of the order to the Buyer as soon as the order is received in the Seller's systems.

This confirmation email will specify the exact amount invoiced and delivery methods of the order.

This confirmation receipt means that the order is accepted and will validate the transaction subject to the payment of the order.

Our offer of products and prices are valid as long as they are visible on the Site within the limits of available stock. Errors or modifications may exceptionally arise, particularly in the case of simultaneous order of a same product by several clients. The Seller reserves the right to refuse an order in the event of a problem in the available stock. In this case, the product will be completely refunded to the Buyer.

In the event that one or more products should be unavailable after the order has been placed, the Buyer will be warned by email. The amount of the order will be recalculated and it will be debited from the new amount, minus the missing products. If the order is entirely unavailable, the Buyer will be warned by email and her/his account will not be debited.

The Seller does not incur any responsibility in the event of stock shortage or if the products are not available, for orders not yet accepted by the Seller.

The Seller reserves the right to suspend or cancel any order from a Buyer with whom there would be a dispute relative to the payment of a former order, or for any other valid reason linked to the abnormal character of the order. The Seller will inform the Buyer and the payment will not be recorded.

When the order is confirmed, the Buyer declares accepting the latter and the present general conditions of sales by paying the order.

2.3 Technical means of identification and correction of errors

If you want, we put in place identification techniques on our Site through Prestashop. Stripe manages the payment and transmission of delivery data.

The Buyer is thus entirely responsible for the correct transmission of his/her delivery details upon payment. The Seller is exonerated from any responsibility or prejudice linked to the inaccurate entry of details upon identification or payment.

3. Modalities of archiving and access to the contract

We carry out archiving of our contracts, purchase orders and invoices on a reliable, durable support.

The Buyer has the right to access this data for any amount higher or equal to € 120. 

4. Legal assurances

4.1. Legal assurances

The Buyer enjoys the provisions of the legal warranty of conformity and the legal guarantee of the latent defects.

The Buyer must keep his purchase invoice to benefit from these legal guarantees.

For any complaint, the Buyer may contact the Seller at the following address. contact@dermway.com

4.1.1 Legal warranty of conformity

The Seller will deliver a product in conformity with the contract and exempt from conformity defects upon the delivery of said product, in the sense that the product will be appropriate for the use normally expected for such an article and presents the characteristics presented upon the sale. The Seller also responds to conformity defects linked to the packaging.

This guarantee will only be applicable if the Buyer requires it within a two-year delay from the delivery of the products. The conformity defects appearing within a 24-months delay from the delivery are presumed to have existed at the moment of delivery except otherwise proven.

The Buyer will be able to choose between the repair and replacement of the product unless one of these choices causes a clearly disproportioned additional cost. If the repair or replacement of the product are impossible, the Buyer will be able to claim the price paid and send back or keep the product and keep part of the price, except the if conformity defect is minor. The restitution, replacement or reimbursement of the product will entail no cost for the Buyer and do not form an obstacle to the possible awarding of damages in the event that the Buyer is entitled to such damages.

This guarantee can’t apply when the Buyer or the end user has tried to repair the object or modify it or has used the product in unusual conditions of use. The Seller may not be liable for a non-respect of the recommendations stated on the card delivered with the product or on this Internet site or any alterations resulting from this.

Ageing and normal wear of the materials are excluded from this guarantee.

In conformity with article L 111-3 al 1 of the Consumer Code, the Seller specifies to the Buyer that no period of availability of the spare parts indispensable to use the Products is guaranteed.

4.1.2 Legal guarantee of the latent defects

The Seller will deliver a product free from latent defects that would make it improper to the use to which it is intended or that diminish this use so much that the Buyer would not have purchased - or done so at a lesser price - had s/he known about such defects.

In case of latent defect(s), the Buyer will have the choice of returning the product and recuperate the price and costs related to the sale or to keep the product and be reimbursed part of the price. In all events, the Buyer will have to prove that s/he fulfilled the conditions of the warranty.

4.2 Responsibility

The Seller will do all that s/he may to satisfy you. The Seller is responsible for the correct application of the general conditions. 
However, the Seller may not be held responsible for the non-execution of the contract in the event of a shortage in stock or in the event that the product is unavailable for reasons out of his control, for cases of force majeure, unforeseeable and insurmountable fact of a third party to the contract or because the product is not compliant with the national legal requirements for deliveries in countries outside France.

The seller shall in no event be liable for: 
- any interruption of the site; 
- any bug on the site; 
- any damage resulting from a fraudulent intrusion of a third partly having led a modification of the information available on the site; 
- and more generally, of any direct or indirect damage, regardless of the causes, origins, natures and consequences, including loss of profit, clients, data or any other loss of incorporeal goods that may occur because of the access of anyone to the Site or the impossibility to access the site or credit granted to any information coming directly or indirectly from aforementioned site.

Hypertext links may refer to other sites. The Seller may not be held responsible in the event that the contents of such sites would be in violation of current laws and regulations.

Moreover, the Seller recalls that any creation of hypertext link to the home page of the Site or any other page of the Site is subject to the preliminary and express approval of the Seller.

Concerning the free text area, such as that on the Contact form, Users are reminded that it is forbidden to post any messages that is obscene, threatening to an image of a person under penalty of committing his/her liability.

The Site is accessible 24/7 except in case of force majeure and outside necessary maintenance interventions that may harm its good functioning. These interruptions do not give right to any indemnification. Incidents occurring on networks outside the scope of control of the Seller do shall not result in its liability (electricity cuts, computer failures...).
The Site was developed to be compatible with navigators Internet Explorer, Chrome, Safari, and Firefox and to be optimally visible on all supports (mobile phones, tablet computers and computers). The Seller does not accept any liability if the consultation of the Site is not optimal insofar as the User does not respect this data.

4.3 Absence of guarantee

The Seller may not guarantee and affirm:
- that the Site is free from viruses, data overwriting programs, Trojans or other destructive programs. 
- that the information included in the Site is exact, complete or up to date.
The Site may contain technical imprecisions or other defects. The Seller does not guarantee correcting these defects. The Site and the Site contents are presented "as is" and "according to availabilities". The Seller expressly excludes any form of guarantee, particularly any implicitly guarantee relative to the usual conditions of use of the Site or of the Site's aptitude to a normal use or a specific use, to its limits and compliance with existing legal provisions The present limitation of guarantee applies to the fullest extent permitted by law.

5. Delivery delays, fees and modalities

5.1. Delivery modalities

Products will be delivered to the delivery address indicated by the Buyer on the 
form by the delivery service chosen by the Seller.

The Seller is relieved of any liability if the delivery is impossible or delayed because of inexact data provided by the Buyer during the order.

5.2. Delivery delays

The delivery will take place within an average delay of 2-5 days from the receipt of the purchase order, depending on the delivery method chosen and maximum 30 days from the receipt of the purchase order.

Past this delay, the Buyer may demand the cancellation by registered mail with acknowledgement of receipt. The reimbursement will be done by credit card on the bankcard used for the payment within a 14 days delay (i) from the receipt of a proof of shipment of the product(s) or (ii) the receipt of the product(s), the date set being that of the first of these actions. 
In the event of a delivery delay, the Seller will inform the Buyer via email within the shortest delays and will propose another date of delivery.

In the event that the product ordered is not available, the Seller will inform the Buyer within the shortest delays. The Seller will offer a product of an equivalent quality or price to the Buyer, or will cancel the order and reimburse the entire amount paid.

5.3. Delivery costs

Delivery costs are offered regardless of the destination, in France or abroad in Europe.

5.4 Delivery tracking

The Buyer may contact the Seller via email or using the contact form for any question relative to the delivery.

6. Reservation of ownership

The products ordered remain the property of the Seller until the latter has paid the full price.

However, the Buyer assumes the risks (of loss, theft or deterioration) concerning the products delivered from the moment when they are delivered to the address indicated during the order.

7. Price of products on sale on the Site

The prices figuring on this Site are indicated in Euros all taxes included and are susceptible to vary throughout the year, considering that the products ordered would be charged to the price current during the recording of the order.

Prices include taxes on the Value Added Tax (VAT) applicable on the day of the order and any change of the applicable rate will automatically have repercussions on the price of products sold by the Seller on its Site.

These prices include - amongst others - the ordering process fees of the Buyer.

Reminder: delivery costs are offered.

If the Buyer requests a delivery outside France, the order may be subject to eventual taxes and custom duties when it reaches its destination.

The payment of such taxes and custom duties shall be the responsibility of the buyer and the latter is invited to find out about such taxes and custom duties with the competent authorities of her/his country. The Buyer must also check the possibilities of importation or use of products ordered to the Seller in the country of destination. 

8. Payment methods and securing means

The Seller will receive payment from the Buyer when the contract is concluded.
All orders are payable in Euros.

8.1 Payment methods

The Buyer has only one secure payment means to pay for purchases on the Site.

Stripe payment module:

With Stripe, the Buyer's financial information is never communicated to the Seller. Indeed, Stripe encrypts and protects the bankcard details of the Buyer.

The Buyer guarantees to the Seller that s/he enjoys the possible necessary authorisations to use the chosen payment method upon the registration of the Purchase Order.

The Seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in case of payment incident. The Seller will inform the Buyer.
Penalties for an amount equal to the legal interest rate plus 5 percent are applicable as of right to the unpaid amounts at the end of a ten-day delay following the invoicing date. 
Within the framework of the fight against fraudulent activities over the Internet, information relative to the order may be transmitted to any competent authority for verification purposes.

8.2 Security

Payments via Stripe are subject to a secure payment system with a protocol to encrypt the details of bankcards. Refer to the conditions of use of Stripe website for more information. 

9. Satisfied or your money back: modalities of exercising the right of withdrawal

9.1 Law and right of withdrawal

You benefit from a legal right of withdrawal that you may use within the framework of the conditions foreseen by article L121-21, L121-21-1 and 121-21-2 of the Consumer Code insofar as you fulfil the conditions imposed by these conditions without having to justify motifs and paying any penalty.

The general return policy (to ask for reimbursement or exchange) of the Seller, in accordance with legal provisions, allows you to withdraw within a fourteen (14) days delay from the date of delivery of the Products, without having to justify a motif and without being required to pay a penalty. Past this delay, you may no longer exercise your right of withdrawal.

9.2 Modalities of exercising the right of withdrawal

We give you the possibility to fill-in and transmit your declaration to exercise the right of withdrawal on-line in the "Contact" section of the Site. You will rapidly receive a confirmation of your right of withdrawal by email.

You may also, before expiry of the 14-days delay mentioned above, address any other unambiguous declaration to express your wish to withdraw to the following postal address:
- or via post to: Dermway Paris
34 avenue des Champs-Elysées
75008 PARIS
- or via email to contact@dermway.com

9.3 Consequences of exercising the right of withdrawal

Within the framework of the exercise of the right of withdrawal or in the event of non-conformity of the Product, you may return the product(s) purchased by asking for an exchange or reimbursement in the conditions described in article 10 hereunder.

10- Modalities for returning, exchanging or reimbursement of the purchase

10.1 Free return procedure

Within the framework of exercising the right of withdrawal, Products must be returned in their original state and packaging (the still cellophane wrapped pack, all the elements present upon shipment and, if possible, the shipping packaging), along with the invoice or copy of the latter in the event of a partial return.

In the event of an exchange or request for reimbursement, reimbursement of a Product is free. To do so, these returns must be carried out via the Post Office services alone, and returns via Relais Colis are impossible. The Buyer must return her/his package within a 14-days delay from the declaration of exercising the right of withdrawal.

The Buyer should follow the following instructions to make the processing of the said return easier:

1. Use original packaging to return the product. 
2. Attach a copy of the email sent to you by the Seller following your declaration of exercising the right of withdrawal 
3. Send the package to the following address: 
Dermway Paris / Kaviaar Kare 
10 rue Bapst 

Any risk linked to the return of the product is the sole responsibility of the Buyer.

10.2 Exchange

In the event of a request for exchange, please specify the Product(s) that you wish to receive in exchange of your order.

If the amount of the Product(s) chosen in replacement is higher to that of the Product(s) returned, you must pay the difference in price according to the present General Conditions of Sale.

If the amount of the Product(s) chosen in replacement is lower to that of the Product(s) returned, you would be reimbursed the difference in price according to the present General Conditions of Sale.

In case of an exchange, the transport costs of the first delivery will be reimbursed, but transportation costs of the second expedition will be invoiced according to the chosen delivery method.

10.3 Reimbursement

The Buyer will receive the reimbursement by cheque within a 14 days delay following receipt of the returned package to the Seller. Return costs will be reimbursed to the Buyer upon simple request from his part insofar as the return is done via the Post Office services as indicated above. If the Buyer chooses to use another method to return the package, the reimbursement will be limited to the postal costs, the supplement linked to the specific chosen transport remaining at the charge of the Buyer.

In no case it will be possible to grant you an electronic credit usable on the Site.

11. Applicable Law and Jurisdiction

The present condition of sales and sales of products by the Seller on the Site are subject to French Law.

In the event of a dispute that could be amicably resolved on the form and the substance, the French courts will be only qualified.

11.1 Resolution of disputes

In accordance with ordinance n°2015-1033 of 20 August 2015 and to the application decree 2015-1382 of 30 October 2015, any dispute or litigation or consumer disputes, subject to article L.152-2 of the Consumer Code (http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000031076294&cidTexte=LEGITEXT000006069565), may be subject to an amicable settlement through mediation provided by the CMAP – Centre de Médiation et d’Arbitrage de Paris. Disputes that may not be subject to a review by the mediator are those for which the request is blatantly unfounded or fraudulent or was previously examined or is being examined by another mediator or court of lax, or if the consumer introduced her/his request with the mediator in a delay higher than a year from the written complaint to our company or still, if the dispute does not fall into the area of expertise of the mediator, or if the consumer does not justify having attempted previously to resolve the dispute immediately with the Seller through a complaint written according to the provisions foreseen in the contract as the case may be.

To submit your dispute to the mediator, you can (i) fill-in the form available on the CMAP internet site: www.cmap.fr section "vous êtes : un consommateur" (ii) send your request by mail or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, FRANCE or (iii) send an email to consommation@cmap.fr. Regardless of the method used to make an application to the CMPA, your request must include the following elements to be treated swiftly.
Your postal, email and telephone contact details and the full name and address of the Seller, a short exposé of the facts and proof of previous steps with the Seller.

12. Contact us / After-sale service

If you would like to contact us, our customer service is available:

=> For any information on our offers

=> To follow the execution of an order, to exercise your right of withdrawal or to make a claim under the warranty.

You will find a form and address email to contact us on our Internet site.

13. Intellectual property

In accordance with the laws which govern the intellectual property rights in literary and artistic property, the present Site and all its elements, brands, drawings, models, photographs, texts, illustrations, logos, animated or non-animated sequences with sound or not, graphics, etc. found in the present Site and their compilation remains the exclusive intellectual property of Dermway Paris.

This company does not grant a licence or any other right than that of consulting the Site, the reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for strictly personal and private use, any reproduction and use of the copies made to other ends being expressly forbidden.

Nor the Site (all or in part) or its content or brands may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other manner in whole or in part, for any other purpose except with the preliminary and written authorization of Dermway Paris.

Any other use constitutes infringement.

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