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These conditions are established between the Cosmetic and Dermatological Innovation Laboratory, simplified joint stock company, the capital of which is 607, 620 Euros and whose headoffice is located at 74 ZA de Montvoisin – 91400 Gometz-La-Ville FRANCE, hereafter known as “Novexpert” on one hand, and the people who would like to buy online through the website www.novexpert-lab.com, hereafter called “Buyers” on the other hand.
Delivery shipping could be realized at an international scale. These terms only concern non-commercial individuals. Parties agree that that their relationships will be solely ruled by the present contract, excluding any condition formerly available on the website. If any condition would default, it would be considered to be ruled by distance selling custom in effect for companies headquartered inFrance.
Article 1. PRODUCT(S)
Novexpert brand refers to a high quality cosmetic products range, carefully developed so as to meet customers and dermatologists’ expectations while respecting strict composition procedures.
Products are offered while stocks last. If a product is not available anymore, the Buyer will be informed the earliest. This information will be given before placing the order, after the order placement, before the delivery, directly on the website or by email. In case of one or several product(s) unavailability after the order validation, the Buyer shall be advised by email. The total amount of his order will be then recalculated and subtracted from the new amount, minus the non-available products.
Novexpert will not be held responsible for the non-performance of the contract in case of stock shortage or unavailability of a product due to a case of force majeure, of disruption or total and partial strike. If the totality of his order is unavailable, the Buyer shall be advised by email and will not be charged.
Article 2. PRICES
Prices of Novexpert Laboratory’s products are in Euros and tax included. Products are charged on the basis of prices on the date of order registration. Prices could be modified at anytime by Novexpert for rates changes and new products or promotion launchings.
Article 3. ORDER SPECIFICITIES
The Buyer can order online through the sections “All Our Products, “Famous Products/Bestsellers”, “Needs”, “Skin Types”, “NovexpertRange”. The online order can only be fulfilled if the Buyer has clearly identified himself. The order’s validation implies the actual selling conditions agreement and its acknowledgement. The Buyer needs to tick “I accept Terms and Conditions of Sales” and validate so as to then choose the mean of payment offered on the same page. Novexpert will transmit by email the confirmation of the registered order. Thus, when the order is prepared and shipped, an email of shipping confirmation is also sent to the Buyer.
Article 4. Withdrawal, Procedure for refund and reimbursement
In accordance with the article L.121-20 measures of the Consumer Code, the Buyers, individual non-business, have a withdrawal period of fourteen (14) working days from the date of receipt to send back their product(s) to L.I.C.D Novexpert for an exchange or a reimbursement without penalty, except delivery costs.
The Buyer can cancel an order placed online by contacting the customer service at the following number: 01.60.12.77.44 or at the email address email@example.com. If he is informed that the order has already been processed, he would not be able to cancel it: therefore he would have then to refuse the parcel when receipting it. According to the L121-21-8 article of the consumption code, the withdrawal right cannot be practiced for the supply contracts that have been loosen by the consumer after the delivery and that cannot be send back for sanitary and health reasons.Therefore, the products taken back will be the one in their original packaging, without any damages and in resalable condition. Any product that would have been damaged, or which original packaging would have been deteriorated, shall not be refunded or exchanged.
The product will have to be returned to the seller, intact, no taken into pieces and in its original packaging, in “Colissimo Recommandé”, to the following address: L.I.C.D Novexpert, 74 ZA de Montvoisin, 91400 Gometz la Ville.
This withdrawal right can be applied without penalty, given the fact that the return costs are at the expense of the buyer. In a case of an exchange, the reshipment will be at the cost of the buyer. Novexpert will have to refund the buyer entirely, that is to say the total amount that was paid; including delivery fees, without non justified delay and in maximum the 14 days after the date when he is informed of the consumer decision to withdraw from the contract. Nevertheless, the seller will be able to (postpone) the refund until recovery of the goods or until the buyer has given a proof of expedition concerning these goods, the selected date is the first one of these facts.
For any complaint, revocation a Customer Service is at the buyer’s disposal:
Phone number: 01.60.12.77.44 (from Monday to Friday 9 am to 5 pm)
Postal Address: L.I.C.D Novexpert, 74 ZA de Montvoisin, 91400 Gometz la Ville
Withdrawal form: Available here
Article 5. PRODUCTS REFUND AND RETURN
Product(s) that do not give entire satisfaction
The Buyer has a period of 14 working days to return, at his charge, the product(s) that he ordered and did not use if it (those) did not give him satisfaction. This period starts from the order’s delivery day. Product(s) shall be returned in its (their) original packaging, without having been opened and accompanied by the delivery note to the following address: Laboratoires Novexpert - 74 ZA de Montvoisin - 91400 Gometz-la-Ville FRANCE.
Risks that may occur while returning the product(s) are at the expense of the Buyer. If the above conditions are met, Novexpert will refund the Buyer within a 30 day period, the amount corresponding to the products he bought.
Article 6. DELIVERY
Once registered, the order will be sent to the address indicated by the Buyer. Novexpert agrees to deliver the ordered products within short periods of time. The average delivery periods run from 4 to 7 days for home delivery. Delivery periods are given for information purposes only. Novexpert disclaims all responsibility in case of important delivery delays due to postal services. It is emphasized that transport risks are borne by the Buyer. In case of a delivery delay, the Buyer will have to inform the customer service fast. Novexpert will not be held liable for an order loss or theft. Risks are borne by the Buyer as soon as they left the warehouse. In case of damages during the transport, the complaint has to be given to the carrier within a 3 days period (for information purposes only) starting from the delivery. For the monitoring of his order, the Buyer will be able to directly contact Novexpert using the information given in the section “Contact us” of the website. Products ordered by the Buyer will be delivered at the Buyer’s address indicated on the delivery note or at the Post Office close to the given address in case of consignee absence. Assuming that the consignee is missing, the postman will leave a calling card in the mailbox allowing the consumer to withdraw its package during the working hours of the Post Office within a 15-day period.
Novexpert disclaims all responsibility in case of important delivery delay due to postal services, loss of the products or postal services strike. It is emphasized that transport risks are borne by the Buyer. In case of delivery delay, the Buyer will have to inform that delay fast to Novexpert customer service, by email in the section “Contact us” of the website. It is specified that transport risks are borne by the Buyer. In case of delivery delay, the Buyer will have to inform that delay fast to Novexpert customer service, by email in the section “Contact us” of the website. When receiving the products, the Buyer will have to check the products conformity. The Buyer must report any discrepancy relating to delivery (missing or broken items, damaged parcel, ect.) on the receipt given by the Postal Services when delivering the package and should absolutely be pointed our to Novexpert customer service.
Article 7. PAYMENT TERMS
The price charged to the Buyer is the price indicated on the order confirmation sent by email. Novexpert reserves the right to interrupt or cancel any order and/or delivery, whatever its nature and level of execution, in case of non-payment of any amount of money by the buyer or in case of payment failure. Penalties of an amount that equals the legal interest rate plus five points are automatically applied to the outstanding amounts after a 10-day period following the invoice date or from the notification concerning the bank payment rejection to any other means of payment. New order delivery could be suspended in case of late payment of a previous order and this despite of the conditions hereof.
The Buyer has to pay by credit card his online order. Novexpert is implementing procedures so as to ensure confidentiality and personal data security on the web. Besides, the website uses a secure payment module marketed by Ogone so that the information transmitted is encrypted by software and no third party can be aware of it along its network transport. The price has to be paid when placing the order. The Buyer’s account will be debited from the products bought or sent only when the order will be validated. Ordered products remained Novexpert property until full payment is received by Novexpert. In case of payment incident the Buyer agrees to return to Novexpert every product received and this, from the first delivery. Pursuant to Article L. 134-2 of the Consumer Code, when an order equals to or is higher than 120 Euros, the writing contract agreed electronically between the Buyer and Novexpert is stored for a current time starting from the contract signature until the product delivery date and this for a 10 years period (in compliance with the 2005-137 decree of the February 16, 2005).
Article 8. RATES IN EFFECT
Website products prices
Prices are indicated in Euros included VAT. They may be subject to changes over the year. Applied VAT is taken into account on the delivery day. Any change in the applied rate will be reflected over the products price, given the fact that ordered products are charged at prevailing prices at the time of the order. They do not include shipping fees, charged in addition to product prices bought according to the order amount. Shipping fees will be indicated before the validation order by the Buyer.
Article 9. GUARANTEES
Normally, package shipping fees are borne by the Buyer. In case of technical discrepancy or error concerning the delivered items, shipping fees will be reimbursed by Novexpert. For any non-compliant product, to exchange or reimburse, the Buyer has to follow the given instructions:
1. The original package has to be utilized by the Buyer to send back the product.
2. The delivery note must be included in the package.
3. The package shall be sent to the following address:
74 ZA de Montvoisin
91400 - Gometz-la-Ville FRANCE.
Upon receipt of this/these alleged non-compliant product(s), Novexpert will examine quickly the product(s). If this/these product(s) are confirmed to be non- compliant by Novexpert, the Buyer will be, either reimbursed with the amount of the product(s) acquired by him at the given prices, either compensated by the exchange of the non-compliant products within a 30 days period. Shipping fees and return concerning exchanges are paid by Novexpert if products non-compliancy are consequences of Novexpert’s fault. Failure to comply with the procedure outlined above and specified delay, the Purchaser shall not make any claim for nonconformity or defect of delivered goods, the products then being deemed compliant and free from defect.
Article 10. SIGNATURE
Online credit card number provision and order final validation shall constitute proof of the entire aforesaid order in compliance with the 2000-230 March 13, 2000 law concerning the law adaptation of the evidence to the IT technology and on the electronic signature and will be worth requirement of the amounts incurred by the order items seizure present on the delivery note. This confirmation accounts for the signature and express acceptation of all the website transactions.
Article 11. RESPONSIBILITY
Novexpert will not be held responsible of a non-performance contract in case of stock shortage or product unavailability due to a case of force majeure, of disruption or total/partial strike of the postal services especially and transport/communication network. Novexpert will not be held liable of every indirect damages that could occur while purchasing items. Novexpert shall not be responsible for any data loss, documents. It is the Buyer who needs to do all the necessary back-ups. Novexpert only possesses means obligations for every access steps to the website (order process, delivery, after-sale services).
Novexpert responsibility shall not be engaged:
- For any inconvenience or damages resulting to internet network utilization, notably a service disruption, outside intrusion, or computer virus, or any cases described as force majeure case by the law.
- For products sold on the website that are described and presented with accuracy. If despite all of these measures, errors would occur, Novexpert could not be held liable. Except in case of warranty, all operations between Novexpert and its customers, uncontested within 6 months, cannot give rise to a claim.
Article 12. INTELLECTUAL PROPERTY
It is specified that products are intended for a personal utilization by the Buyer, without any direct connection with his occupation. Then, the Buyer’s attention is particularly drawn to the fact that his amount order should not exceed the amount of 1000 Euros. Furthermore, it is emphasized that the same Buyer could only order a maximum of 6 products of a same reference for one sale and within a one month period. In case of higher order amount than the sum specified above, the order could be cancelled. Products ordered by the Buyer could be delivered internationally. Pictures, style, products descriptions of the products offer are only informative and do not engage Novexpert.
All Novexpert website elements, whether they are visual or audio, included the underlying technology, are Novexpert exclusive property. In compliance with the laws ruling the Intellectual Property, any copying or representation, entire or partial, of one of these websites or one of the element that composes it, is strictly prohibited, as well as their alteration.
Article 13. HYPERLINKS
The Buyer who has a personal website and wishes to introduce, for a personal usage on his website a direct link to Novexpert website home page or any other website page has to imperatively ask Novexpert for permission.
However, any hyperlink direct to Novexpert website and using framing or in-line linking is strictly prohibited. In any cases, any link, even tacitly authorized, should be removed upon Novexpert request. Novexpert website can contain links to other internet websites. Novexpert cannot be held liable for the content displayed on those websites.
Article 14. PERSONAL DATA
Novexpert can then use this personal data to better inform Buyers of products and commercial offers or any transaction related contests especially.
Relating to Article 27 of the French Data Protection Act, files and liberties of January 6, 1978 the Buyer has a right of access and rectification concerning his personal data, a right that he can exercise from the section '' My client space '' or by writing to:
Laboratoires Novexpert - 74 ZA Montvoisin - 91400 Gometz-la-Ville FRANCE.
The Buyer is informed about the fact that the information processing, including Buyers email addresses management, has been declared to the CNIL.
Article 15. TOTALITY
In the event that any provision of this contract is not valid and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of these terms and conditions of sale.
Article 16. DURATION
These conditions apply throughout the duration of online services offered by Novexpert.
Article 17. PROOF
Data recorded by Novexpert website constitutes proof of all transactions agreed with the Buyer. In case of conflict over a specific transaction realized in the website, data recorded are considered as irrefutable proof of communications and of transactions content (orders and payments made between Parties).
Article 18. FILING STORAGE AND CONSERVATION
Purchase orders storing and invoices is made on a reliable and lasting support so as to correspond to a faithful and durable copy in harmony with the 1348 Article of the Civil Code.
Article 19. PRACTICAL RIGHT
These current conditions are under French law. The allocation of jurisdiction in any dispute, and failing agreement between the Parties, is given to the competent courts of Paris, and, in case of incompetence, to the jurisdictions of Paris, despite multiple defendants and/or warranty call, even for emergency procedures or for conservatory procedures in referee or by request.
Article 20. RETENTION OF TITLE
Novexpert retains full ownership of the ordered products which will be transferred to the Buyer if full payment is received, in principal, including fees and taxes.
Article 21. FORCE MAJEURE
Neither Party shall be responsible for total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event of force majeure. Shall be considered as force majeure case, all events that meet criteria set by the law of the secondCivil Chamber Cassation Court. The Party claiming an event of force majeure shall notify the other Party within five business days after the occurrence or threat of this event. Both Parties agree that they will consult as soon as possible to determine all the modalities of execution of the order during the period of force majeure. Beyond a period of one month of interruption due to force majeure, Novexpert may not honour the order, to reimburse if any.
Article 22. WRITTEN PROOF(S)
The Novexpert Company reserves the right to request a copy of proof of address, identity card or passport for all orders exceeding 250 euros.
The requested items can be mailed to the following address: