SARLMAONA
QUINQUE, 10 RUE ANTOINE DE SAINT EXUPERY 69002 LYON
Intra-community VAT: FR 02 849694518
For any suggestions or information concerning the website, you can write to the following email address: hello@quinqueskincare.com
Hosted: Shopify (USA) Inc. 33 New Montgomery St. Ste 750, San Francisco (CA) USA 94105.
Development: Studio Quotidien, 273, rue de Créqui - 69003 LYON
2 - OBJECT
These General Conditions of Sale (hereinafter "C.G.V"), define the terms and conditions under which any person (hereinafter "the Customer") orders and buys the products sold by the company QUINQUE, as part of a distance selling system on the Internet for goods defined in the sales catalog of the website www.daucustinctura.com (hereinafter "The Site").
The customer declares that he has full legal capacity allowing him to undertake under these G.S.C. The customer declares to have read and accepted the rights and obligations relating thereto. Any order duly validated on the QUINQUE brand site implies full and unreserved acceptance of these general conditions of sale and, possibly, of the special or specific conditions to 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 terms and conditions without notice. In the event of modification, the applicable conditions are those which were in force on the day the order was placed. The date of update appears at the bottom of the page of these C.G.V.
3 - APP
3.1. These C.G.V 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 G.S.C., which alone will be applicable to the following contract.
3.3. QUINQUE reserves the right to modify in whole or in part and at any time these G.S.C.
3.4. These T&Cs are subject to French law. The applicable language is French. The Commercial Court of Evreux will have sole jurisdiction.
4 - PRE-CONTRACTUAL 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 C.G.V. and of all the information listed in article L.221-5 of the Code of consumption.
4.2. The following information from the contract is transmitted to the customer in a clear and comprehensible manner: the date or the deadline by which QUINQUE undertakes to deliver the goods or perform the service, whatever its price, information relating to the identity of the seller, his postal and electronic contact details.
4.3.The Site communicates the following information to the customer:
- its name or corporate name, the geographical address of its establishment and, if different, that of the registered office, and its email address;
- the terms of payment, delivery and performance of the contract, as well as the terms for handling complaints;
- in the event of sale, the existence and procedures for exercising the legal guarantee of conformity provided for in articles L217-1 and following 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 warranty 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 listed 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. Since each product is handmade in a natural process, the products offered are not uniform and have color variations.
5.3 The products offered by QUINQUE should be stored away from light and in a dry place.
5.4 It is advisable not to wash the products offered by the Site.
6 - PICTURES
The photographs on the site were 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 TTC (All Taxes Included) including French VAT when applicable. The prices are indicated excluding delivery costs which remain the responsibility of the Customer, unless otherwise specified or specified. 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 day of the invoice. If the rate were to be modified, these changes could be passed on to the price of the items without the Customer being informed beforehand. The total amount of applicable VAT (on products and delivery costs) is displayed in the order summary. QUINQUE reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates 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 package of products. 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 varies from one country to another, it is the responsibility of the customer to inquire and take the mandatory 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 no delivery charges. 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 end these offers without notice. Promotional offers cannot be used in combination with any other discount. Similarly, 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 difference in price under any circumstances.
Our exclusive offers are only valid on our online purchases.
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 (Art.1625 and following of the Civil Code). On condition that the Customer proves the hidden defect, QUINQUE must legally repair all the consequences (art. 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 (art. 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
12 - ORDER TAKEN 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 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 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 as soon as it is validated by sending an e-mail. 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 to solving the problem. If you have any questions about tracking your order, please 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 done on simple request to the Customer Service of QUINQUE, who will only respond by e-mail to the 'address used when creating the Customer Account.
12.3. To place an order, the Customer undertakes to fill in the elements of his order with precision and rigor. As such, he undertakes to fully 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 e-mail, to the email address indicated by the Customer
12.5. Modifying an Internet order
For any order modification (billing address, delivery address or delivery date), the Customer must immediately contact Customer Service by e-mail: hello@quinqueskincare. com
In case of modification or cancellation of the contents of the order:
- QUINQUE will offer the customer an exchange. Return costs are the responsibility of the customer. QUINQUE pays the shipping costs for the new product.
- QUINQUE also offers a credit note 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 credit card VISA, MASTERCARD, or by Paypal, online from the Site, by the secure payment system of the banking establishment of QUINQUE. Validation of credit card payment 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 shipments 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 the information relating to the name and address of the recipient. These details must be precise, exact, and complete (in particular door code and floor) to allow delivery under normal conditions.
14.3. QUINQUE cannot under any circumstances be held responsible for a return delivery due to an error in the address or the impossibility of delivering 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 the missing delivery information with him insofar as the telephone number is not wrong and the recipient available.
14.5. Orders indicating a PO box address cannot be taken into account and processed.
14.6.In the event of the absence of the recipient or of a person able to take possession of the products upon delivery, and insofar as 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
Under no circumstances can QUINQUE be held responsible for any deterioration of the products due to their late collection 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 reimbursement of his price to the exclusion of any other compensation or damages.
14.8. 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 its 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 48 hours, directly to your mailbox. If this is not large enough and you are absent, a transit advice note will be left for you allowing you to choose a new delivery date on the Internet within 6 working days or to collect your package the next day at 3 p.m. post office of your choice.
If you do not express your choice, you can then pick up your parcel at your local 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 delivery notice will be left for you allowing you to choose a new delivery date on the Internet within 6 working days or to collect your package the next day at 3 p.m. at the post office of your choice.
If you do not express your choice, you can then pick up your parcel at your local post office, within 15 days.
Follow the delivery of your parcel at any time on www.laposte.fr
14.10-3 Transport Spain
15 - LATE DELIVERY - LOSS OF PACKAGE - DAMAGED PACKAGE
QUINQUE has chosen reliable carriers.
However, there may be a delay in delivery or the product may get lost. In the event of non-receipt of the package 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 at hello@quinqueskincare.com .
Upon receipt of the notification of non-delivery, QUINQUE will contact the carrier to start an investigation. An investigation can last up to 21 days from the date of the start of the investigation. If during this period, the product is found, it will be forwarded immediately 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 end of the carrier's investigation.
In any case, if deadlines have been agreed, these will be extended in the event of force majeure. Constitute in particular cases of force majeure, the total or partial stoppage of the staff of the seller or that of one of its suppliers, subcontractors or carriers for strike, frost, fire, storm, flood, manufacturing accident, breakage machinery or tools, supply difficulties, lack of raw materials...
The Customer is required to check the condition of the product on delivery. If necessary, 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 to the address hello@quinqueskincare .com within 48 hours from 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 vis-à-vis 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 removed from the catalog of products available for distance selling.
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 until the restocking 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. Accordingly, Shopify's computerized records constitute 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 likely to deteriorate quickly;
For other products, the Customer has a period of fourteen (14) days from receipt of the product to exercise his right of withdrawal from QUINQUE, without having to justify reasons or pay penalty, at the end of exchange (subject to availability) or refund. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the next working day.
The right of withdrawal can be exercised by email at hello@quinqueskincare.com or on plain paper at the following address:
QUINQUE
10 RUE ANTOINE DE SAINT EXUPERY
The products must be returned within fourteen 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 their new marketing in mint condition.
Damaged, soiled or incomplete products will not be taken back. Returned products will be re-measured.
Returns should be sent to the following address:
QUINQUE
10 RUE ANTOINE DE SAINT EXUPERY
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 cost of return remaining the responsibility of the Customer
The exchange (subject to availability) or refund will be made within fourteen (14) days of 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 subject of his order does not fall within the field of its 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 complies with his order. Any claim must, to be taken into account, be made within 48 hours of receipt.
19.2. Complaints should be addressed to:
- by post, to the address below:
QUINQUE
10 RUE ANTOINE DE SAINT EXUPERY
- by email at hello@quinqueskincare.com
19.3. In the event of a dispute under the responsibility of QUINQUE and justifying a credit note 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 WARRANTY
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 elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, brand) are and remain the exclusive intellectual property of QUINQUE.
21.2. The reproduction, representation, exploitation, redistribution, or use for any reason whatsoever, even partially, of the elements of the Site, whether 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 the 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, rectify and delete data concerning him. To exercise this right and obtain information, the Customer may contact QUINQUE at hello@quinqueskincare.com
Requests are processed within a maximum of one month.
23 - INDEPENDENCE OF CLAUSES
If any of these general conditions should be declared inapplicable or is invalidated for any reason, this invalidity will not affect the application or validity of the other provisions of the general conditions, the one invalidated or deemed inapplicable being then replaced by the closest possible arrangement
24 - FORCE MAJEURE
24.1. Neither 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 T&Cs 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 cases of 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, insurrections, wars, bad weather, epidemics, blockages of means of transport or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdowns, blockages telecommunications, including telecommunications networks or any other case beyond the control of the Parties preventing the normal performance of the contract.