1 - LEGAL NOTICE

SARL MAONA

QUINQUE, 10 RUE ANTOINE DE SAINT EXUPERY 69002 LYON

Intracommunity VAT: FR 02 849694518

For any suggestion or information concerning the website, you can write to the following email address: hello@quinqueskincare.com

Hosting: Shopify (USA) Inc. 33 New Montgomery St. Ste 750, San Francisco (CA) USA 94105.

Development: Studio Quotidien, 273, rue de Créqui - 69003 LYON

2 - SUBJECT

These General Conditions of Sale (hereinafter "GTC") define the terms and conditions under which any person (hereinafter "the Customer") orders and purchases the products sold by the company QUINQUE, within the framework of a distance selling system on the Internet for goods defined in the sales catalog of the Internet site www.daucustinctura.com (hereinafter “The Site”).

The customer declares to have full legal capacity allowing him to commit to these GTCS The customer declares to have read and accepted the rights and obligations relating thereto. Any order duly validated on the site of the QUINQUE brand implies full and unreserved acceptance of these general conditions of sale and, possibly, of the particular or specific conditions of one or more products or orders. The customer is advised to save and / or print these general conditions without, however, modifying them.

QUINQUE reserves the right to modify or adapt these general conditions without notice. In case of modification, the applicable conditions are those which were in force on the day of the placing of the order. The update date appears at the bottom of the page of these T & Cs

3 - APPLICATION

3.1. These GTC are brought to the attention of the Customer to enable him to place an order.

3.2. The fact that the Customer completes an order on the Site and confirms the order implies full and complete acceptance of these GTCS, which will be the only ones applicable to the following contract.

3.3. QUINQUE reserves the right to modify in whole or in part and at any time these T & Cs.

3.4. These T & Cs are subject to French law. The applicable language is the French language. The Commercial Court of Evreux will have sole jurisdiction.

4 - PRECONTRACTUAL INFORMATION

4.1. The customer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these GTCS and all the information listed in article L.221-5 of the code of the consumption.

4.2. The following contract information is sent to the customer in a clear and understandable manner: the date or time at which QUINQUE undertakes to deliver the goods or perform the service, whatever its price, information relating to the identity of the seller, to his postal and electronic contact details.

4.3. The Site provides the customer with the following information:

- its name or corporate name, the geographical address of its establishment and, if it is different, that of the registered office, and its e-mail address;

- the terms of payment, delivery and performance of the contract, as well as the methods provided for handling complaints;

- in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in articles L.217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L.217-15 and L.217-17 of the Consumer Code.

5 - PRODUCT CHARACTERISTICS

5.1. The products offered to the Customer are those which appear in the catalog published on the Site within the limits of available stocks and subject to the proper functioning of the Site.

5.2. Each product is presented with a photograph and a description drawn up by QUINQUE. The descriptions are intended to present to the Customer the essential characteristics of the products before the final order is taken and can in no way engage the responsibility of QUINQUE. Each product is made by hand in a natural process, the products offered are not uniform and have color variations.

5.3 The products offered by QUINQUE must be stored in a dark, dry place.

5.4 It is advisable not to wash the products offered by the Site.

6 - PHOTOS

The photographs on the site are taken by Chloé Lapeyssonnie for Studio Quotidien and are not free of rights.

7 - PRICE

All prices are presented in Euros on the Site.

Unless otherwise indicated, prices are indicated inclusive of all taxes (All Taxes included) including French VAT when applicable. The prices are indicated excluding delivery costs which remain the responsibility of the Customer, except for particulars or special conditions. The shipping costs are calculated according to the delivery address indicated by the Customer. The prices indicated including VAT take into account the VAT applicable on the date of the invoice. If the rate were to be modified, these changes could be reflected in the price of the items without the Customer being informed beforehand. The total amount of applicable VAT (on products and delivery costs) is displayed during the order summary. QUINQUE reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the order. The Customer may be subject to customs duties depending on the country. The amount of these fees varies from country to country; and cannot be defined in advance by QUINQUE. These rights are the responsibility of the customer and are to be paid upon receipt of the product package. QUINQUE cannot be held responsible in the event of non-declaration and non-payment of customs duties and taxes due to the authorities of the country delivered. Legislation varying from one country to another, it is the customer's responsibility to obtain information and take the necessary steps to pay the taxes related to his order.

8 - PROMOTIONAL OFFER OR DISCOUNT

Any promotion or discount code, to be valid, must be entered during the order confirmation process and does not apply to orders concerning custom or personalized orders. Discounts and discount thresholds do not apply to delivery costs. Discounts cannot be used in combination with any other promotional offers.

Our offers are only valid for a limited time and only for the product lines concerned. QUINQUE reserves the right to terminate these offers without prior notice. Promotional offers cannot be used in combination with any other discount. Likewise, if a product is purchased online on the site before being the subject of a promotional offer, we will not be able to refund the price difference under any circumstances.

9 - PRODUCTS

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the site cannot be held liable.

Not all products are guaranteed against normal wear and tear due to regular use or misuse of the product. The Customer benefits from the legal guarantee of eviction and hidden defects (Article 1625 and following of the Civil Code). Provided that the Customer provides proof of the hidden defect, QUINQUE must legally repair all the consequences (article 1641 and following of the civil code).

If the Customer goes to court, he must do so within a "short time" from the discovery of the hidden defect (article 1648 of the civil code).

10 - UNIT AND MINIMUM PURCHASE QUANTITY

The minimum purchase is one unit, all products combined, with no purchase limit depending on available stocks.

11 - SAMPLES

QUINQUE does not allow the sale of samples.

12 - ORDER TAKING AND CONFIRMATION

12.1. The Customer selects on the site the product (s) he wishes to order, indicating the desired quantities and selecting the dimensions if necessary. Once the selection is finalized, he validates his order. To place an order, the Customer must: select his or her product (s) by clicking on the photograph, specify the desired width and quantity, click on "Add to basket", click on "Order", click on "Continue to the shipping method ”, fill in the requested information, then“ Continue to payment method ”. The Customer must indicate the method of payment chosen from the options offered on the site and fill in the payment information, then click on "Place my order". QUINQUE will acknowledge receipt of the order upon validation by sending an email. In certain cases, in particular non-payment, incorrect address or other problem on the Customer's account QUINQUE reserves the right to block the Customer's order until the problem is resolved. If you have any questions regarding the tracking of your order, please do not hesitate to contact us at: hello@quinqueskincare.com

12.2. Taking an order on the Site involves opening a Customer Account by entering two identifiers: an e-mail address and a password. These identifiers are and must be kept confidential. The right of access by the Customer to the identifiers can be made on simple request to the Customer Service of QUINQUE, which will respond only by e-mail to the address used when creating the Customer Account.

12.3. To place an order, the Customer undertakes to complete the constituent elements of his order with precision and rigor. As such, he undertakes to complete the various sections necessary for the proper processing of his order:

- Choice of product (s)
- Billing address
- Delivery address
- Choice of payment method
- Verification, validation of the order and the General Conditions of Sale
- Payment of the order under the conditions provided

12.4. QUINQUE will confirm the order and its payment:

- On the Site, following payment
- By email, to the email address indicated by the Customer

12.5. Modify an Internet order
For any modification of an order (billing address, delivery address or delivery date), the Customer must immediately contact Customer Service by e-mail: hello@quinqueskincare.com In the event of modification or cancellation of the content of the order :

- QUINQUE will offer the customer an exchange. Return costs are the responsibility of the customer. The shipping costs of the new product are the responsibility of QUINQUE.

- QUINQUE also offers a credit for the entire order, valid for 1 year from the date of the first order.

- The customer may also exercise his right of withdrawal within the legal period (article 15.).

13 - MEANS OF PAYMENT

13.1. Payment for products is made by VISA or MASTERCARD bank card, or by Paypal, online from the Site, through the secure payment system of the QUINQUE banking establishment. The validation of payment by credit card is immediate.

13.2. To be registered, the order must be paid in full. Unpaid orders cannot be processed.

14 - DELIVERY OF PRODUCTS

14.1. Home deliveries are made in mainland France and Europe within the time limits indicated when the Customer places the order.

14.2. The Customer is responsible for information relating to the name and address of the recipient. These information must be precise, exact, and complete (in particular door code and floor) to allow delivery under normal conditions.

14.3. QUINQUE can in no way be held responsible for a return delivery due to an address error or an inability to deliver to the address indicated.

14.4. In the event that a delivery address is incomplete or imprecise, QUINQUE reserves the right to contact the recipient directly by telephone, in order to complete with him the missing delivery information insofar as the telephone number is not incorrect and the recipient available.

14.5. Orders indicating a PO box address cannot be taken into account and processed.

14.6. In the absence of the recipient or of a person who can take possession of the products during delivery, and to the extent that he will have access to the recipient's mailbox, the carrier will leave a transit advice note inviting the recipient to come. pick up your product at a post office.

In any case, QUINQUE can not be held responsible for any deterioration of the products due to their late withdrawal from the carrier.

14.7. Finally, if the product, under the responsibility of the carrier, has not been delivered, for any other cause related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may then be resolved. and the Customer may obtain a refund of his price to the exclusion of any other compensation or damages.

14.8. The shipping costs are in addition to the price of the products sold on the site and are calculated according to the delivery address indicated by the Customer.

14.9. QUINQUE has chosen La Poste as a partner for sending orders.

The site offers the customer 3 shipping methods:

14.10-1 Colissimo Domicile - without signature

Once the package has been prepared by us, it will be delivered to you within an indicative period of 48 hours, directly to your letterbox. If it is not large enough and you are absent, a calling card will be left to you allowing you to choose a new delivery date on the Internet within 6 working days or to pick up your package the next day at 3 p.m. post office of your choice.

If you do not express a choice, you can then collect your parcel from your home post office within 15 days.

Follow the delivery of your package at any time on www.laposte.fr

14.10-2 Colissimo Domicile - with signature

Once the package has been prepared by us, it will be delivered to you within an indicative period of 48 hours and delivered against signature. If you are absent, a calling card will be left to you allowing you to choose a new delivery date on the Internet within 6 working days or to pick up your package the next day at 3 p.m. at the post office of your choice.

If you do not express a choice, you can then collect your parcel from your home post office within 15 days.

Follow the delivery of your package at any time on www.laposte.fr

14.10-3 Transport Spain

15 - DELAY IN DELIVERY - LOSS OF PACKAGES - DAMAGED PACKAGES

QUINQUE has chosen reliable carriers.

However, there may be a delay in delivery or the product may get lost. If the package is not received 7 working days after the order, the customer is required to notify us of this delay by sending us an email through our contact form or to the address hello@quinqueskincare.com.

Upon receipt of the notification of non-delivery, QUINQUE will contact the carrier to initiate an investigation. An investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will be immediately forwarded to the delivery address.

If, on the other hand, the product is not found at the end of the investigation, the package is considered lost, and QUINQUE will return the product (s) concerned at its own expense. If the product (s) ordered were no longer available at that time, QUINQUE will reimburse the amount of the lost products.

The exchange or refund of items will only be effective after the carrier's investigation has been completed.

In any case, if deadlines have been agreed, these will be extended in the event of force majeure. In particular constitute cases of force majeure, the total or partial stoppage of the seller's staff or that of one of its suppliers, subcontractors or carriers for strike, frost, fire, storm, flood, manufacturing accident, breakage of machines or tools, supply difficulties, lack of raw material ...

The Customer is required to check the condition of the product upon delivery. If applicable, damage to the product must be notified in writing to the carrier on the acknowledgment of receipt upon receipt of the package and to QUINQUE by email through our contact form or at the address hello@quinqueskincare.com within 48 hours at from the date of receipt.

Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release QUINQUE from any liability towards the customer.

16 - OUT OF STOCK

16.1. The products sold on the Site are offered within the limits of available stocks. A product that has become unavailable will, as soon as possible, be withdrawn from the catalog of products available for remote sale.

16.2. However, in the event of a shortage of stock, QUINQUE will contact the Customer by telephone or e-mail as soon as possible in order to agree with him to postpone the delivery pending the replenishment of this product, when possible.

17 - PROOF

17.1 QUINQUE, via its Shopify host, stores purchase orders and invoices in its computer system.

17.2. As a result, Shopify's computerized records provide a reliable and durable medium that can be produced as evidence.

18 - RIGHT OF WITHDRAWAL

In accordance with the legislation in force, the right of withdrawal does not apply to contracts relating to the supply of the following products:
(II) products liable to deteriorate rapidly;

For other products, the Customer has a period of fourteen to 14 days from receipt of the product to exercise his right of withdrawal from QUINQUE, without having to justify reasons or pay a penalty, at the end of the exchange. (subject to availability) or refund. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

The right of withdrawal can be exercised by email at the address hello@quinqueskincare.com or on plain paper at the following address:

QUINQUE
10 RUE ANTOINE DE SAINT EXUPERY
69002 LYON

The products must be returned within fourteen to 14 days following notification to QUINQUE of the Customer's decision to withdraw, accompanied by the purchase invoice in their original packaging and in perfect condition allowing them to be re-marketed in new condition.

Damaged, soiled or incomplete products will not be taken back.

Returns should be sent to the following address:

QUINQUE
10 RUE ANTOINE DE SAINT EXUPERY
69002 LYON

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the delivery costs will be reimbursed; the return costs remaining the responsibility of the Customer.

The exchange (subject to availability) or the refund will be made within fourteen (14) days from the receipt, by QUINQUE, of the products returned by the Customer under the conditions of this article.

Pursuant to Article L 121-16-1 III of the Consumer Code, this right of withdrawal only applies to a professional if the object of his order does not fall within the scope of his main activity and that it does not employ more than 5 employees.

19 - COMPLAINTS AND REIMBURSEMENT

19.1. The Customer must ensure that the delivery conforms to his order. To be taken into account, any complaint must be made within 48 hours of receipt.

19.2. Complaints should be addressed:

- by post, to the address below:

QUINQUE
10 RUE ANTOINE DE SAINT EXUPERY
69002 LYON

- by e-mail, to the address hello@quinqueskincare.com

19.3. In the event of a dispute falling under the responsibility of QUINQUE and justifying a credit or the reimbursement of all or part of the order, the Customer will receive a notification by e-mail within 21 days of the complaint.

20 - PRODUCT GUARANTEE

20.1. QUINQUE guarantees the Customer that the products are manufactured and packaged according to strict quality rules, and stored in accordance with the standards in force in France.

20.2. However, QUINQUE cannot extend its warranty on its products if the Customer has not complied with optimum storage conditions.

21 - INTELLECTUAL PROPERTY

21.1. All the elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, brand) are and remain the intellectual and exclusive property of QUINQUE.

21.2. The reproduction, representation, exploitation, redistribution, or use for any purpose whatsoever, even partially, of the elements of the Site whether they are software, visual or sound, are subject to the express and prior authorization. of QUINQUE, holder of all intellectual property rights.

22 - PROTECTION OF PERSONAL DATA

22.1. By ordering via the Site, the Customer consents to the use by QUINQUE of personal data concerning him. These data are necessary to ensure the proper processing of orders.

22.2. All of this information is treated with the greatest rigor and the greatest discretion.

22.3. QUINQUE undertakes not to sell, give or exchange the personal data of its customers.

22.4. In accordance with articles 39 and 40 of the “Informatique et Libertés” law of January 6, 1978, the Customer has the right to access and rectify and delete data concerning him. To exercise this right and obtain communication of information, the Customer can contact QUINQUE at the address hello@quinqueskincare.com

Requests are processed within a maximum of one month.

23 - INDEPENDENCE OF CLAUSES

If one of these general conditions should be declared inapplicable or is invalidated for any reason, this invalidity will not affect the application or the validity of the other provisions of the general conditions, that invalidated or deemed inapplicable being then replaced by the provision as close as possible.

24 - FORCE MAJEURE

24.1. Neither the company QUINQUE, nor the Customer can be held responsible for any non-performance, non-performance or delay in the performance of one of its obligations described in these GTC which would have originated in a case of force majeure.

24.2. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals: total or partial strikes, employers' strikes, riots, civil unrest, insurgencies, wars, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failures, blockages telecommunications, including telecommunications networks or any other case beyond the control of the Parties preventing the normal performance of the contract.