Terms of use
Article 1. Fields of application
These general conditions of sale apply, without restriction or reservation, to all sales concluded by COSMETYS (hereinafter "the Seller") with professional and non-professional customers (hereinafter "the Customer"), wishing to acquire the products offered for sale on its website www.danacare.fr.
DANACARE products sold on the site are developed by COSMETYS.
These General Conditions of Sale apply to the exclusion of all other conditions and in particular those applicable to sales in other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on this website and will be sent to the Buyer at the time of the order via a durable medium. They will prevail over any other version or any other contradictory document.
The Seller's contact details are as follows:
COSMETYS
SAS with capital of €20,000.00
3 old street of Amboise
41400 Montrichard Val de Cher
France
RCS BLOIS: 880 519 954
Intracommunity VAT number: FR02 880519954
WhatsApp Business: +33 6 65 14 87 07
Article 2. Orders
The Customer can order on the brand's website: www.danacare.fr.
The Customer guarantees that he is fully authorized to use the bank card, and that this bank card gives access to sufficient funds to cover all the costs resulting from the order placed on the website www.danacare.fr.
By ticking the box "I have read and I accept the general conditions of sale" during the ordering process, the Customer declares to fully and unreservedly accept all of these General Conditions of Sale.
The data recorded by COSMETYS or its service provider constitutes proof of all transactions between COSMETYS and the Customer. COSMETYS will systematically confirm the order and then its dispatch by e-mail.
In order to allow the Customer to know the Products he wishes to buy before ordering them, the seller presents the characteristics of the Products offered for sale.
The photographs and graphics of the Products offered for sale are only indicative and do not bind COSMETYS. In the event of questions about the products, the Customer may contact Customer Service by clicking on the "Contact" link, indicating the subject of your request.
The choice and purchase of a Product are placed under the sole responsibility of the Customer.
The Customer can follow the progress of his order on the website www.danacare.fr by clicking on the "Order tracking" link or contact customer service via the WhatsApp Business application: +33 6 65 14 87 07
COSMETYS reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or if COSMETYS reasonably believes that the Customer has breached these General Terms and Conditions of Sale, or that he has engaged in fraudulent activity, or for any other legitimate reason.
Article 3. Rates and terms of payment
3.1 Rates
The prices are indicated in euros on the website www.danacare.fr, including VAT. These are the prices applicable on the day of the order indicated excluding delivery costs.
When there are promotions or sales, the reductions are indicated as well as the applicable price including VAT, excluding delivery costs.
The Products are supplied at the prices in force on the day of confirmation of acceptance of the order by the website www.danacare.fr.
The price indicated in the confirmation of the order by the website www.danacare.fr is the final price.
When ordering, the Customer is invited to ensure that the price of the Products to which he refers, corresponds to the price appearing on the up-to-date page of the website www.danacare.fr and not on an outdated page to which they would have accessed through an internet search in so-called “cache” mode. The data communicated by the Customer and recorded by the website www.danacare.fr during the order constitute proof of the transactions between the Seller and the Customer.
The website www.danacare.fr accepts payments and deliveries made for all of Europe.
3.2 Payment
The credit cards accepted are: CB, Visa, Master Card, and via Paypal. The Customer's bank account will be debited immediately on the date of the order, and it will be considered effective after confirmation of the agreement of the bank payment centers. If the bank refuses, the order will be automatically canceled and the member will be notified by sending an e-mail.
Ownership of the Products is only transferred to the Customer after full payment of the price by the latter.
Online payment is secure. COSMETYS has adopted the SSL encryption process, and has also reinforced all scrambling and encryption processes to protect all sensitive data related to means of payment as effectively as possible.
When purchasing, payment is made using the secure STRIPE and PAYPAL system. The Customer's bank details are encrypted and thus fully protected against any form of hacking.
The Customer's card number is at no time visible and/or stored by the website www.danacare.fr. The bank details thus remain completely confidential, and the Buyer can make his purchases with complete peace of mind.
When paying the Buyer, a symbol indicates that you are in a secure connection.
The payment page URL must start with https://.
In accordance with the “Informatique et Libertés” law of January 6, 1978, the Buyer has the right to access, rectify and oppose information concerning the Customer.
3.3 Billing
The original invoice of the order with the billing address provided by the Buyer is available and printable on your customer account.
Article 4. Availability
COSMETYS will do its utmost to process all orders within the limits of available stocks.
In the event of Product unavailability, after placing the order and before the end of shipments for the sale concerned, COSMETYS undertakes to inform the Customer as soon as possible.
The latter will then have the choice of requesting either reimbursement of the sums paid within 30 days of their payment at the latest, or agreeing to receive it within a longer period, upon receipt of the out-of-stock items.
Article 5. Delivery
5.1 Rates
Delivery costs are indicated on the website www.danacare.fr and are expressed in euros, all charges included. The costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products. The Customer will be informed before the final registration of his order of the delivery costs related to his order.
From a certain order amount (which may vary depending on the period and the promotions in place), delivery to your home will be offered in metropolitan France.
5.2 Means and destination
Delivery is made by Colissimo (with or without signature) throughout Europe depending on the option chosen and/or the destination. All deliveries are announced by e-mail with the parcel tracking number.
Deliveries are made to the address indicated by the Customer when placing the order, which can only be in the agreed geographical area.
5.3 Deadlines
The Products acquired by the Customer will be delivered within a period indicated when placing the order on the website www.danacare.fr which may not in any case exceed 30 days.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go by the postal circuit or by an independent carrier, depending on the nature of the Product ordered and at the exclusive initiative of COSMETYS, to the address listed on the purchase order.
In case of deliverable items on different dates given their availability, the delivery time is based on the longest time. Participation in processing and shipping costs will only be charged for a single shipment. The announced deadlines are indicated on departure from the COSMETYS warehouses.
In the event of exceeding the deadline indicated on the summary of the order, not justified by a case of force majeure, the Customer may, after having previously given formal notice to the Seller to deliver within a new reasonable deadline, request the resolution of the sale within the conditions provided for in Article L138-1 of the Consumer Code and obtain reimbursement of the sums paid during the sale.
To do this, the Buyer contacts Customer Service via the “contact” link.
Article 6. Withdrawal period
COSMETYS Products are hygiene products and are likely to deteriorate rapidly (Article L.121-21-8 4° and 5° of the Consumer Code). As such, they are not subject to the withdrawal period.
Nevertheless, on a commercial basis, if the consumer changes his mind and asks for reimbursement of the Products ordered, once the request has been made within 14 days of receipt and/or placing of the order, that they have not been opened, used, and that they are returned complete in their original packaging. COSMETYS undertakes to reimburse the product(s) concerned only if these conditions are met.
The return procedure is the one described in article 8.
Article 7. Non-compliant products and defective products
COSMETYS accepts product returns due to Product non-compliance (error made during the preparation of the order by COSMETYS) or in the event of defective products (addicts, holes, stains, etc.) within 14 days of receipt and agrees to replace the product(s).
A return of non-compliant products and/or defective products leads to the replacement of the product.
The return procedure is the one described in article 8.
Article 8: Procedure for managing returns
The procedure is the same regardless of the reason for return: change of mind, non-compliance of the product or defective product.
In accordance with article L.121-21 of the Consumer Code, the Buyer must go to the website www.danacare.fr and make his complaint within 14 clear days of receipt of the product in clicking on the “Contact” link.
The Buyer completes the customer information form and indicates the reason for the return, specifying his Order Number and the date of the order.
COSMETYS sends an acknowledgment of receipt of its complaint by email and issues a Colissimo return form.
The Buyer prints the return form, the complaint email and returns the product(s) in suitable packaging within 7 clear days of the request.
Upon receipt, COSMETYS will check the conformity of the returned products according to their reason for return. If the returned product does not meet the acceptance conditions, it will be refused and will be reshipped at the Buyer's expense.
Provided that the returned product(s) comply(s) with the conditions of articles 7 and 8 of the general conditions of sale, COSMETYS will replace or refund the product within a maximum period of 14 days from receipt. of the package. The shipping costs initially paid by the buyer are never reimbursed by COSMETYS, the reimbursement only concerns the product(s).
If you need help, do not hesitate to contact us by e-mail or via the WhatsApp Business application at the number: +33 6 65 14 87 07
Article 9: COSMETYS customer service contact details
For any information or questions, customer service is available to Customers:
Via the website www.danacare.fr: by clicking on the link: “contact”
By email: contact@danacare.fr.
By post: COSMETYS – 3 rue Vieille d'Amboise – 41400 Montrichard Val de Cher - France
Via the WhatsApp Business app: +33 6 14 87 07
Article 10: Intellectual property
All elements of the www.danacare.fr website (texts, comments, works, illustrations, images and logo, whether visual or sound) are protected by copyright, trademark law, as well as by title of intellectual property and for the whole world.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is permitted, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property without the prior authorization of COSMETYS. Any total or partial reproduction of the site is strictly prohibited.
The fact of affixing a hypertext link to the website www.danacare.fr, using the technique of framing or deep linking, is strictly prohibited.
Article 11: Liability
The COSMETYS products sold by the seller benefit, in accordance with the legal provisions:
– the legal guarantee of conformity
The Customer has a period of 2 years from the delivery of the Product to activate the legal guarantee of conformity.
The Customer can choose between the repair or the replacement of the good, subject to certain conditions of cost envisaged by the article L.211-9 of the code of consumption
The Customer is exempted from providing proof of the existence of the lack of conformity during the 6 months following the delivery of the goods. This period is extended to 24 months from March 18, 2016
The Customer automatically benefits from the legal guarantee for hidden defects, as defined in articles 1641 and following of the Civil Code.
The Products sold on the website comply with the regulations in force in Europe. COSMETYS cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Purchaser to verify.
The Customer is solely responsible for the choice of products, their conservation and their use.
The Seller will not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the goods, accident or force majeure and the COSMETYS warranty is limited to replacement or reimbursement of non-compliant products or affected by a defect.
Requests for the application of guarantees must be made to COSMETYS at the address indicated in article 1 of these general conditions of sale.
Article 12: Nominative and personal data
COSMETYS undertakes not to disclose to third parties the information that the Purchaser communicates to it. These are confidential. In application of the data-processing law and freedoms of the n°78-17 of January 6, 1978 as modified, it is recalled that the nominative data which you are requested are necessary for the treatment of the order and its invoicing and are intended for a use internally via the website www.danacare.fr and its service provider.
They will, however, be used by COSMETYS to process your order and may be used to reinforce and personalize communication by letter/e-mail as well as in the context of the personalization of the site according to the preferences observed by users.
You therefore have a right of access, modification, rectification and opposition to information concerning you, which you can exercise by contacting us by e-mail at the address: contact@danacare.fr
Article 13: Pre-contractual information – Acceptance of the Buyer
The Buyer acknowledges having received communication, prior to the conclusion of the contract, in a clear and understandable manner, of these general conditions of sale and of all the information and information referred to in Article L.121-19 of the Code of consumption and in particular:
– the main characteristics of the services offered, to the extent appropriate to the communication medium used and the services concerned;
– the identity of the professional (company name, geographical address of the establishment and telephone number)
– the total price of the services including all taxes or, when the price cannot reasonably be calculated in advance, the mention that these costs cannot be payable
– where applicable, the terms of payment, performance, the date on which the Service Provider undertakes to perform the service and the terms provided for the processing of complaints,
The fact for a buyer to order on the website www.danacare.fr implies full and complete acceptance and acceptance of these general conditions of sale, which is expressly recognized by the Buyer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against COSMETYS.
Article 14: Applicable law – Language
These General Conditions of Sale written in French will be executed and interpreted in accordance with French law.
In the event that it is translated into one or more languages, only the French text shall prevail in the event of a dispute.