TERMS OF SALE
MANUFACTURE PARISIENNE DE COSMETIQUE
19/27 RUE DES HULEUX
93240 STAINS
SIRET 402 887 673 00059
1. Preamble :
The Manufacture Parisienne de Cosmétique company specializes in the marketing of Misscop cosmetic products.
2 - Object and scope:
The purpose of these general conditions of sale (hereinafter the "GTC") is to define the rights and obligations of the parties in connection with the online sale of cosmetic products of the "Misscop" brand (hereinafter the " Products ”) on the misscop.com site (hereinafter the“ Site ”) managed by the company Manufacture Parisienne de Cosmétique (simplified joint stock company with a share capital of 152,450 euros, whose registered office is located at 19 RUE DES HULEUX 93240 STAINS, registered with the RCS on 15-11-1995 number 402 887 673. The purchase of Products on the Site is reserved exclusively for the consumer, as defined by the introductory article of the Consumer Code. Ordering Products on the Site implies the Customer's acceptance, without restriction or reservation, of all the provisions of the GTC appearing on the Site at the time of the order.
3 - Price:
The prices of the Products are indicated in euros, all taxes included.
They do not take into account the delivery costs, invoiced in addition to the Customer and indicated as soon as the Product is added to the basket and specified again in step 4
"04. Delivery" of the order process before validation of the latter.
The Customer has the option of choosing two delivery methods:
4 - Order:
4.1 - Prior identification of the Client:
If the Customer already has a customer account: To place an order, the Customer must identify himself by means of his username and password (hereinafter the "Access Codes").
If the Customer does not have a Customer account: For any first order, the Customer must follow an account creation procedure and complete the information requested on the Site except in the case of an "Instant Order". The information provided by the Customer for the creation of his account must be fair and sincere. Copinesline Paris can not be held responsible for the impossibility in which it could be to deliver an order, in particular in the event of error of the Customer or communication of false or erroneous information. The Access Codes will also be requested from the Customer to access certain areas of the Site, such as the "My account" section accessible from the footer or from the "Connection" button accessible at the top of the page. It will be the Customer's responsibility at all times to maintain the security of their Access Codes. The Customer is solely responsible for the custody and use of his Access Codes. The Customer agrees to keep the Access Codes that he chooses for himself strictly confidential and not to disclose them in any form whatsoever to third parties. Any connection to the Site or to the "My Account" area using the Access Codes will be deemed to have been made by the Customer himself or a person under his responsibility. In the event of loss or forgetting of his Access Codes, the Customer may request them again by going to the “Connection” area and clicking on “Forgotten password” then after having indicated his email address, he you will have to click on the "Recover" button. The Customer will then receive their secure Access Codes by email to the address indicated.
4.2 - Registration and validation of the order:
To place an order on the Site, the Customer must add all the Products he wishes to purchase to his basket by clicking on the "Order" button.
He will be able to select as many Products as he wishes by clicking on "Continue shopping". Once their selection is complete, the Customer will be invited to check their basket by clicking on "My basket".
The basket allows you to view the products, their characteristics, and the total price of the order. On this occasion, he may correct any input errors concerning in particular the nature of the Products and the quantities selected.
The order can be modified at any time before its final validation.
After having read the details of his order, the Customer can validate it definitively after having read the GTC and tick the box "I accept the General Conditions of Sale" by clicking on the button "Order and pay" then proceed to payment. by clicking on the "Order" button again.
The Customer guarantees that he is fully authorized to use the credit card or the Paypal account for the payment of his order.
Any order validated by the Customer under the conditions and according to the procedure stipulated above constitutes a firm and definitive commitment, and can only be called into question in the cases exhaustively listed under Article 7 "Right of withdrawal" or 4.4 "Modification of the order ”of the GTC.
4.3 - Confirmation of the Order:
For any order duly validated and paid, Copinesline Paris will send a confirmation email to the Customer mentioning the number of his order, the detail of the Products ordered, the detail of the price paid, the essential characteristics of the Products, delivery time and terms. , the withdrawal form, as well as the contact details of the after-sales service.
The Customer can also consult these details at any time in his customer account.
4.4 - Modification of the order:
Modification of the order by the Customer: The orders being final and irrevocable upon validation in accordance with Articles 4.2 and 4.3 of the GTCS, any modification request made by the Customer is subject to the written acceptance of Copinesline Paris.
Modification of the order by Copinesline Paris: Copinesline Paris undertakes to deliver a product conforming to that ordered. It may nevertheless make modifications to the product ordered which are linked to technical development.
4.5 - Product availability:
The Products presented on the site are available for sale within the limits of available stocks.
If a Product is out of stock, it cannot be added to the basket.
In the event of unavailability of a Product after confirmation of the order or in the event of an error on the Site concerning in particular the description, characteristics or price of a Product, Copinesline Paris reserves the right to cancel any order relating to on said Product.
The Customer will then be informed by email. He will have the option of being delivered a Product of equivalent quantity and price within the limits of available stocks; or to be reimbursed for the price of the products within fourteen days of its request.
The rest of the order remains firm and final.
4.6 - Refusal of the order:
Copinesline Paris reserves the right to refuse any order, particularly during promotional periods on the Site, for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
5 - Conditions and methods of payment:
The total amount due by the Customer is indicated before the final validation of the order on the Site.
This amount includes the total cost of the order as well as any additional costs.
Payment for the order is made on the Site by means of a credit card, Carte Bleu, Visa, Mastercard (HIPAY) or by Paypal.
To proceed with payment, the Customer must provide certain information relating to the bank card, including the name of the card holder, the number of the bank card, its expiration date and its cryptogram number.
Payment for the order is made with the secure payment solution HIPAY or PAYPAL. The payment will be considered validated after confirmation of the payment agreement by the issuing body.
In the event of refusal by the issuing body, the order will be automatically resolved and Copinesline Paris will therefore be released from any obligation and liability towards the Customer.
6 - Terms of delivery:6.1 - Terms and delivery times:
The Products ordered will be delivered, at the Customer's choice, to the address indicated by the latter when placing the order in step "03. Address" or to a collection point in the Colissimo network of their choice.
No delivery can be made to a post office box.
The Products will be delivered according to the delivery method chosen by the Customer in step 04 "Delivery". The conditions, prices and delivery times are accessible by clicking on the "My orders" tab.
The maximum delivery time cannot exceed seven days from the validation of the order. When the order is shipped, regardless of the delivery method chosen by the Customer, the latter will receive an email indicating the shipment of his order.
In the event of problems related to the order and in particular to the delivery of the Products, the Customer must send an email to Misscop by clicking on the “Contact us” tab or by post to the attention of Manufacture Parisienne de Cosmétique at 19 -27 rue des Huleux - Parc de la Cerisaie - 93240 STAINS France.
In the event that the delivery deadline is not respected, the Customer may, after having unsuccessfully enjoined Misscop to perform its delivery obligation within a reasonable additional period, ask Misscop to cancel his order and refund the sums paid. in accordance with the provisions of the Consumer Code.
To do this, the Customer will communicate his decision to cancel his order by registered letter with acknowledgment of receipt or in writing on any other durable medium.
Misscop cannot be held responsible in the event of late delivery and / or loss of an order due to an error relating to the address provided by the Customer.
Depending on the delivery method chosen by the Customer, in the event that the Customer is absent at the time of delivery, the carrier will, if applicable, leave a calling card informing him of the terms and times for collecting the package.
The Customer will then have ten days to collect their package. If the package is not collected within the aforementioned period, it will be returned to Misscop, the delivery being deemed to have been made by Misscop.
6.2 - Transfer of risk - Delivery and verification of the Products:
The risk of the Product is transferred when the Customer or a third party designated by him takes physical possession of the Product (s).
It is the Customer's responsibility to check the number and condition of the Products upon receipt.
In the event of an apparent anomaly in the package (damaged package, open package, reconditioned package, trace of liquid, etc.), the Customer must make the necessary clear and precise reservations with the carrier and / or refuse the package.
In addition, the Customer must then send the carrier a registered letter stating the reservations, within three days of delivery.
The Customer also informs Misscop. In the event of an anomaly concerning the delivery of the Products or, after opening the package, the Customer is invited to contact Misscop at the address "Manufacture Parisienne de Cosmétique, 19-27 rue des Huleux - Parc de la Cerisaie - 93240 STAINS France ”or by e-mail by clicking on the“ Contact us ”tab on the Site, within fourteen working days of receipt of the Products.
Unless there is a legitimate reason and actions relating to legal guarantees, any claim made beyond this period will be considered inadmissible.
In the event of a justified refusal of a package or of a delivery error or non-conformity of a Product under the conditions referred to above, Misscop will, depending on the circumstances, either refund the Product (s) concerned within fourteen days, i.e. the return of the missing Product (s).
Misscop reserves the right, at its expense, to ask the Customer to return the Product (s) delivered in error and / or damaged in their original packaging.
The reimbursement of the Products will be made, if applicable, within a maximum period of fourteen days.
7 - Right of withdrawal:
7.1 - Terms of the right of withdrawal:
In accordance with the provisions of Articles L. 221-18 et seq. Of the Consumer Code, the Customer has a period of fourteen clear days from the date of receipt of the Products to exercise his right of withdrawal.
The Customer informs Misscop of his desire to withdraw in one of the following ways:
by completing the standard withdrawal form available by logging into their account by clicking on the "Product withdrawal" button.
by completing the model withdrawal form appended to these GTC and sending it to the following address: Manufacture Parisienne de Cosmétique, 19-27 rue des Huleux - Parc de la Cerisaie - 93240 STAINS FRANCE or via the form of contact available by clicking on the "Contact us" tab on the Site.
By completing an unambiguous declaration expressing its wish to withdraw (the postmark being taken as proof).
7.2 - Products excluded from the right of withdrawal:
Pursuant to the provisions of Article L. 221-28 of the Consumer Code, the Customer is informed that he will not be able to assert his contractual right of withdrawal for unsealed products for which a new marketing by Misscop would present risks for for reasons of hygiene or health protection for consumers (eg skin care products, make-up, etc.).
Thus, the Customer will lose the benefit of his right of withdrawal once he has unsealed, in particular, products that may come into contact with the human body.
This provision applies without prejudice to the legal guarantees provided for in Article 10 of the GTC, which remain fully applicable.
8 - Product Information:
The characteristics, descriptions, colors, photographs and representations of the Products are presented on the Site in the most precise and exact manner possible.
Misscop cannot however be held responsible in the event of minimal variations in the representation of the Products.
In addition, the Site lists all the mandatory pre-contractual information of Article L. 111-1 of the Consumer Code.
9 - Product quality and conformity:
Despite the care taken to the Products, in the event of a design and / or manufacturing defect noted by the Customer, the Customer must alert Misscop, without delay, by e-mail by clicking on the "Contact us" tab then return the Product. concerned at the following address:
Misscop, 19-27 rue des Huleux - Parc de la Cerisaie - 93240 STAINS France.
Upon receipt of the disputed Product, Misscop will carry out the necessary tests and analyzes in order to verify the conformity of the said Product and then contact the Customer in order to agree on the terms of replacement or reimbursement or return of the said Product in the event that it does not present any defect. or any poor workmanship.
10 - Legal guarantees (Non-conformity and hidden defects):
Misscop is bound by the legal guarantee of conformity under the conditions of Articles L. 217-4 et seq. Of the Consumer Code, and that relating to defects in the item sold under the conditions provided for in Articles 1641 et seq. Of the Civil Code ( 1).
The Customer benefits from: the legal guarantee of conformity (good unsuitable for the use usually expected of a similar good, which does not correspond to the description given by Misscop or which does not have the qualities announced by Misscop or agreed with the Customer ), the legal provisions of which are reproduced in Appendix 2 of these GTC;
the legal guarantee against hidden defects (hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Buyer has not acquired it, or does not have any given that a lower price, if he had known them), the legal provisions of which are reproduced in Appendix 2 of these GTC;
In this regard, the Customer is invited to check the conformity of the Products received in execution of his order and, in the event of a defect found, to contact Misscop by e-mail by clicking on the “Contact us” tab and Misscop will ensure the support of the Customer by indicating the terms of return and replacement or reimbursement.
LEGAL GUARANTEE OF CONFORMITY:
The Customer has a period of two years from receipt of the Products to implement the legal guarantee of conformity;
The Customer may request the replacement of the Product by Misscop.
The Customer is exempt from providing proof of the existence of the lack of conformity of the item sold during the twenty-four following delivery of the item;
The legal guarantee of conformity is applied independently of any commercial guarantee offered by Misscop.
GUARANTEE OF HIDDEN DEFECTS:
The Customer has a period of two years from the discovery of the defect to implement the legal guarantee against hidden defects;
The Customer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned;
If necessary, Misscop will replace the returned Product after receipt and examination of the Product in question.
If the replacement of the Product is impossible or cannot be implemented within one month of receipt of the Product in question by Misscop, the Customer will then be able to return the Product and request a refund. or keep the Product and have part of the price returned.
If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the Site, Misscop will not be bound by its obligations described in the GTC.
These provisions are not exclusive of the right of withdrawal defined in Article 7 of the GTC.
11 - Liability of Misscop:
The responsibility of Misscop can only be engaged, except in cases where the law specifies different modalities, in the event of demonstration by the Customer of a fault or a failure of Misscop which will have been the cause of the suffered and proven damage. by the customer.
Misscop cannot be held responsible in the event of:
malicious intervention,
telephone or internet connection problems,
hardware or software problems,
problems accessing the Site's server,
destruction of information provided by Customers for a reason not attributable to Misscop,
software or hardware malfunctions,
human or electrical errors,
disruptions that could affect the proper functioning of the Site or the progress of an act of purchase on the Site.
In all cases, if the proper administrative and / or technical progress of an order on the Site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the reasonable control of Misscop, it is reserves the right to interrupt the current transaction. Likewise, placing an order on the Site implies knowledge and acceptance of the characteristics and limits of the Internet, the lack of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible circulating viruses. on the network.
Misscop may close the Site, cancel or suspend one or more orders, or modify its conditions if it appears that fraud has occurred in any form whatsoever, in particular IT. Misscop reserves the right, in this case, to sue the perpetrators of these frauds before the competent courts.
12 - Intellectual Property:
The Site as well as each of the elements which compose it including in particular the graphic charter, the data, software, texts, logos of the Site are protected by the right of the intellectual property, namely in particular the copyright and / or the right of brands. The Site and each of its components are the exclusive property of Misscop.
Misscop grants the Customer and more generally to any person visiting the Site, a private and non-exclusive right of use of the Site, in accordance with the provisions hereof.
The Customer acknowledges that it is prohibited, without the prior written consent of Misscop, in all countries, to use and / or exploit the elements constituting the Site, in any way whatsoever and for any reason. it would be.
Any other use of the Site or one of its elements constitutes an infringement of rights and punishable as such under the Intellectual Property Code, without the prior, express and written authorization of Misscop.
In any event and in the event of non-compliance with these stipulations, Misscop may as of right, to the sole fault of the Customer and without notice, resolve any order, without prejudice to all other rights, actions and remedies that Misscop may have. with a view to compensation for the damage it may have suffered as a result of this non-compliance.
13 - Protection of personal data:
13.1 - Personal data of the Customer:
The information that Misscop receives from the Client corresponds to the information required to use the Site.
These personal data are subject to processing.13.1 - Personal data of the Customer:
The information that Misscop receives from the Client corresponds to the information required to use the Site.
These personal data are subject to computer processing allowing Misscop to identify each of the Customers, to communicate with them, if necessary to respond to their requests, to ensure good management of the commercial relationship, to proceed with the processing. and the dispatch of the Products ordered by the Customer, as well as all possible disputes that may arise from the order.
Misscop is the data controller and the recipient of the data.
Personal data may be transmitted by Misscop to third parties for the execution of the services and in particular for the management of orders and their execution.
In this regard, Misscop ensures that these third parties implement all appropriate measures to guarantee the security of Customers' personal data and comply with the regulations in this area.
Personal data will be kept for the duration strictly necessary for the proper management of the commercial relationship and, in any event, for a period not exceeding three years from the last contact that remained unanswered, in the absence of a request for deletion or opposition by the Customer in the meantime.
Misscop implements all appropriate protection measures to ensure the security and confidentiality of the personal data collected.
In accordance with the applicable regulations on the protection of personal data, the Customer may exercise a right of access, rectification, opposition, portability, limitation of processing and deletion of personal data concerning him.
To exercise this right, the Customer can contact one of the following addresses:
By email: contact @ Misscop
By post by post: Manufacture Parisienne de Cosmétique, 19-27 rue des Huleux - Parc de la Cerisaie - 93240 STAINS France.
It will be answered within one month.
The Customer also has, if necessary, recourse to the National Commission for Computing and Liberties (CNIL).
However, he can contact Misscop beforehand, who will respond within two months.
13.2 - Cookies and connection witnesses:
Certain pages of the Site may use cookies, the purpose of which is to access information stored in the Customer's connection terminal and in particular to record information relating to his browsing on the Site, and to store information that the Customer entered when logging in.
The maximum retention period for the information thus collected is thirteen months from the insertion of the corresponding cookie.
The Customer has the option of opposing the registration of these cookies by configuring their browser as follows:
For Microsoft Internet Explorer:
Choose the Tools menu then Internet Options
Click on the Privacy tab
Select the desired level using the cursor
For Mozilla Firefox:
Choose the Tool menu then Options
Click on the Privacy icon
Locate the Cookie menu and select the appropriate options
For Opera 6.0 and beyond:
Choose the File menu> Preferences
Private life.
14 - Force Majeure:
Misscop's obligations will be suspended in the event of the occurrence of an event constituting force majeure under the conditions defined by French case law.
In this case, Misscop will inform the Customer by email at the latest within ten days of the occurrence of the said force majeure event and will indicate the duration and the foreseeable consequences and will do everything to limit the scope thereof. .
The fulfillment of the obligations will resume its normal course as soon as the event constituting force majeure has ceased and the Seller has duly informed the Customer thereof.
Beyond a period of one month suspension due to force majeure, the Customer may request Misscop via email by clicking on the "Contact us" tab, for reimbursement of the sums withdrawn.
15 - Partial Disability:
In the event that one or more stipulations of the GTC are declared null or inapplicable in application of a law, a regulation or following a court decision that has become final, the other stipulations of the GTC will continue to apply. under the same terms and conditions.
16 - Modifications of the GTC:
Misscop informs Customers that the GTC can be modified at any time.
These modifications are published when they are posted on the Site and are deemed to have been accepted without reservation by any Customer accessing the Site after they are posted online.
17 - Settlement of disputes:
17.1 - Complaint:Any complaint must be addressed to the consumer service at the following address: Manufacture Parisienne de Cosmétique, 19-27 rue des Huleux - Parc de la Cerisaie - 93240 STAINS FRANCE or by e-mail by clicking on the "Contact us" tab on the Site.
17.2 - Mediation:
The Customer may submit the dispute relating to the GTC or to the orders arising therefrom and opposing it to Misscop, to mediation or to any other means of alternative settlement of the dispute that the Customer wishes to implement. The Client may refer to the mediator of his choice who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
A prior complaint from the Customer to Misscop customer service is necessary to contact the mediator.
Thus, in the event of failure of the complaint request to the consumer service, the Customer may resort, in this case to a conventional mediation procedure or any other alternative dispute resolution method.
Misscop and the Client remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
18 - Applicable law and non-waiver:
French law is applicable to the T & Cs as well as to the orders resulting from them without however excluding the application of mandatory legislative rights granted to consumers or of a mandatory law more protective by the foreign judge seized by a consumer of the corresponding country.
The fact that Misscop does not avail itself at a given time of one of the clauses hereof, cannot be considered as a waiver of subsequently availing itself of these same clauses.
Annex . Extracts from the Civil Code and the Consumer Code relating to legal guarantees:
Article L 217-4: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L 217-5: The goods comply with the contract:
1) If it is suitable for the use usually expected of a similar good and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or if it has 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 217-6: The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7: The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L217-8: The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted.
The same applies when the defect has its origin in the materials which it itself supplied.
Article L217-9: Created by Ordinance n ° 2016-301 of March 14, 2016 - art. In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him:
If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;Article L217-10: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him:
If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor .
Article L217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L217-12: The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-13: The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual nature or extracontractual which is recognized by law.
Article L217-14: The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. Since the repair of the Products is incompatible with the very nature of a cosmetic product, the Customer will then have the possibility of asking Manufacture Parisienne de Cosmétique for the replacement of the Product or its refund.