TERMS & CONDITIONS
POS COSMETIC LLC
POS COSMETIC LLC
7 Avenida Vista Grande Ste B7
Santa Fe, New Mexico 87508
Email address: Peelsofskincosmetic@gmail.com
Article 1: General provisions relating to these general conditions of sale (GTC)
The GTCS apply exclusively to all online sales contracts for POS COSMETIC LLC products (hereinafter professional seller) offered for sale on the PEELOFSKINCOSMETICS.COM website to non-professional buyers having the status of consumers (hereinafter - after consumers).
The GTC prevail over all other conditions or all contradictory documents present on the website or social networks or in particular over those applicable in stores and direct sales.
The consumer can have access to the GTC on the PEELOFSKINCOSMETICS.COM website at any time and in particular before placing the order. The consumer can print them.
POS COSMETIC LLCreserves the right to modify the GTCS, however, remain applicable to the consumer those in force on the date of placing the order.
The nullity of a contractual clause does not entail the nullity of the GTC.
The validation of the order by the consumer implies acceptance without restriction or reservation of these GTC.
Article 2: The products
POS COSMETIC LLC advises the consumer to refer, before placing his order, to the description of the product presented on the PEELOFSKINCOSMETICS.COM website where the essential characteristics of the product will be mentioned in particular within the meaning of Article L. 111-1 of the Code of consumption, as well as its composition, capacity and price.
The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the consumer.
Only the consumer is held responsible for his choice of product and his purchase. The photographs or illustrations which present the products have no contractual value and do not engage the responsibility of POS COSMETIC LLC.
In cases where the method of use of the product turns out to be an essential element of the product, it will be mentioned on the PEELOFSKINCOSMETICS.COM website or at the latest on delivery.
The items that appear in stock on the PEELOFSKINCOSMETICS.COM website at the time of the consumer's visit to the site constitute the items offered for sale on the PEELOFSKINCOSMETICS.COM website.
The product offers are understood within the limits of available stocks; In the event that an ordered product is out of stock, POS COSMETIC LLC will inform the consumer who will be free to choose an equivalent product and at the same price, or to benefit from a credit note valid for 1 year on the entire PEELOFSKINCOSMETICS.COM site. . Failing this, the consumer can claim reimbursement for the unavailable product, cos cosmetic llc undertakes to return the sums paid no later than 14 days following the request for reimbursement. PEELOFSKIN is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
Article 3: Order
The order is placed as follows:
The consumer selects the product of his choice and clicks on the “add to basket” button.
The consumer goes to his virtual basket which contains the summary of the order that he is required to check as well as the total amount, excluding shipping costs, of the order. At this stage, the consumer has the option, if he has a valid promo code, to enter it.
By clicking on the "Proceed to payment" button, the consumer enters their contact details (address, surname, first name)
By clicking on the button "Continue to shipping" chooses the shipping method that suits him, the related costs are added here to the total amount of the order.
By clicking on the button "Continue to payment" the consumer fills in the elements necessary for payment. The confirmation of the order by the consumer implies acceptance of the GTC and forms the contract.
The sale is final only after the confirmation of acceptance of the order by POS COSMETIC LLC has been sent to the consumer by e-mail, which must be sent without delay and after receipt by the latter of the full price.
The confirmation of the order by the consumer and the confirmation of the acceptance of the order by POS COSMETIC LLC form the contract concluded at a distance. At this stage, the order cannot be modified, except with the express and exceptional agreement of POS COSMETIC LLC; and cannot be canceled apart from the right of withdrawal or force majeure.
POS COSMETIC LLC reserves the right to cancel or refuse any order from a consumer, in particular if there is any dispute with the latter relating to a previous order.
Article 4: Price
To meet the requirements of Article L 112-1 of the Consumer Code, the price of each product offered for sale appears on the POS COSMETIC LLC website when the order is registered and before the confirmation of the order. ordered.
The price of the product is indicated in euros and all taxes included and does not take into account the additional costs of delivery and transport which will be calculated and informed to the consumer before the confirmation of the order. The total amount of the order is entered on the order confirmation page and the consumer will receive an invoice established by POS COSMETIC LLC in his package.
The price can be modified at any time by POS COSMETIC LLC, however, the price applicable to the consumer is that in force displayed on POS COSMETIC LLC at the time of the order.
POS COSMETIC LLC undertakes to apply any discounts or reductions to the consumer for his orders placed during the period of validity of the promotion and under the conditions specified in the advertisement.
Article 5: payment
Payment is made immediately after confirmation of the order. Payment is due in full and payable in cash either by credit card or PayPal.
Payment is secure, payment data is exchanged in encrypted mode using the https protocol.
Article 6: delivery
In accordance with Article L 216-1 of the Consumer Code, delivery means the transfer to the consumer of physical possession or control of the good.
POS COSMETIC LLC offers its products for sale for mainland France.
Orders will be delivered to the address provided by the consumer when placing his order.
The consumer must be vigilant and check the address provided before validating his order, because the consumer will be held solely responsible for the consequences arising from the input error on his part and the related costs, in particular the Redirection costs will not be borne by POS COSMETIC LLC but will be borne by the consumer.
Orders are prepared between Tuesday and Sunday and are shipped on Monday.
The delivery time varies according to the delivery method chosen by the consumer:
- Colissimo: 2 to 4 working days from the dispatch of the order
- Mondial Relay: 4 to 5 working days from the dispatch of the order
POS COSMETIC LLC offers consumers the possibility of collecting their order free of charge from the store at the following address: 47 Rue de la Condamine 75017 PARIS.
The deadlines mentioned above are only indicative. POS COSMETIC LLC will use its best efforts to ensure that the consumer's order is dispatched within these deadlines. The consumer may request in writing the resolution of the sale (under the conditions provided for in Articles L 216-2 and following of the Consumer Code), only if the delay in delivery exceeds 30 days from the date of the order. It will then be up to POS COSMETIC LLC to return the sums paid by the consumer no later than fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
The resolution of the sale will not be retained if the delay or failure to deliver occurs because of the consumer or a case of force majeure.
POS COSMETIC LLC recommends that the consumer check the condition of his package and the products delivered in the presence of the deliverer in order to make reservations on the delivery slip or to refuse the product if he finds any apparent defect or non-conformity or in the event of of product missing.
From delivery, the consumer has 48 hours (2 working days) to send POS COSMETIC LLC his complaint in writing (by post or email). The consumer must attach to his request all supporting documents and in particular photos proving the subject of his complaint. If the complaint is not made within these time limits and these conditions, it will be refused by POS COSMETIC LLC and the products will be deemed to comply and free from any apparent defect.
The consumer may claim a refund or replacement of the product which will be the responsibility of POS COSMETIC LLC, for any product delivered for which the defects of conformity or the apparent or hidden defects have been duly proved by the consumer, under the conditions provided for in articles L 217- 4 and following of the Consumer Code and those provided for in these GTC.
Article 7: Transfer of ownership and transfer of risk
Upon acceptance of the order by POS COSMETIC LLC, the ownership of the products is transferred to the consumer, on the other hand, the transfer of the risks of loss and deterioration of the products occurs only from the actual delivery of the order when the consumer takes possession physical product, the products ordered therefore travel at the risk and peril of POS COSMETIC LLC. In the event that the consumer chooses to be delivered by a carrier other than the one chosen by POS COSMETIC LLC, the transfer of risk occurs as soon as the products are handed over to the carrier, therefore, POS COSMETIC LLC declines all responsibility and any loss or damage to the products. will not be at his expense.
Article 8: Withdrawal
For any purchase made on the POS COSMETIC LLC website, the consumer can exercise his right of withdrawal within 14 days of receiving his order.
The exercise of this right of withdrawal is conditional on compliance with the requirements prescribed by Article L 221-28 of the Consumer Code which provides in particular that "The right of withdrawal cannot be exercised for contracts: For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ”.
The right of withdrawal will therefore only be retained on the sine qua non condition that the products have not been opened or unsealed by the consumer.
To exercise his right of withdrawal, the consumer must make his request without having to justify it, within 14 days of receiving his order, using the withdrawal form that he can fill out on the PEELOFSKINCOSMETICS.COM website. . POS COSMETIC LLC will then issue an acknowledgment of receipt of the withdrawal to the consumer. In the event of a dispute, the consumer will have to prove that he has respected the withdrawal period.
Article 9: Return
To be accepted by POS COSMETIC LLC, the return must comply with the following conditions:
The products must be returned to POS COSMETIC LLC no later than 14 days following the sending of the consumer's request for withdrawal.
The products must not be opened by the consumer (sealed cosmetics in particular) for reasons of hygiene or health protection.
The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
The products must not be damaged, soiled or incomplete.
When the conditions specified above are met, upon receipt of the return and after checking the condition of the returned product, POS COSMETIC LLC will reimburse the consumer for all sums paid, including delivery costs. The costs and risks of the return are the responsibility of the consumer.
POS COSMETIC LLC will reimburse the consumer by the same means of payment as for the purchase. Reimbursement may take place in the form of credit or vouchers if the consumer has given his express consent for a reimbursement in this form.
Article 10: Compliance and legal guarantees
With regard to Article L 411-1 of the Consumer Code, the products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of purchase. their marketing.
The products sold on the PEELOFSKINCOSMETICS.COM website comply with the requirements of French law in force at the time of their placing on the market.
The products supplied by POS COSMETIC LLC benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:
The legal guarantee of conformity:
POS COSMETIC LLC is liable for any lack of conformity of the product, under the conditions of articles L211-4 and following of the Consumer Code. This warranty applies to defects already present on the product delivery date and / or to products that do not correspond to the order.
The legal guarantee against hidden defects:
POS COSMETIC LLC is liable for hidden defects in the product under the conditions provided for in articles 1641 and following of the Civil Code. It applies if the defect was hidden, it existed on the date of purchase and it renders the product unusable or greatly reduces its use.
In order to assert his rights, the consumer must act within 2 years from the delivery of the products or the discovery of the defect. He must prove the existence of the defect. The consumer may obtain the reimbursement or replacement of the products under warranty deemed non-compliant or defective, at the latest within 14 days following the finding by POS COSMETIC LLC of the lack of conformity or the hidden defect.
The guarantee does not apply for apparent defects and the responsibility of POS COSMETIC LLC can not be engaged in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the consumer, as in the event of wear and tear. normal product, accident or force majeure; or in the event of a modification of the product not foreseen or specified by POS COSMETIC LLC.
Article 11: Protection of personal data
In accordance with Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018; the consumer data collected by POS COSMETIC LLC are justified by the service provided to the consumer and in particular for the needs related to the proper processing of his order and its delivery. POS COSMETIC LLC may communicate this data to its possible partners or subcontractors responsible in particular for the execution, processing, management and payment of orders.
The consumer can object to the collection and / or use of his data and he has rights to control the use which is made of his data. In particular, he may request access to data concerning him, have them corrected, or object to appearing in a file. He has a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
To exercise this right, the consumer must make his request on the contact form on the PEELOFSKINCOSMETICS.COM website.
The processing of information communicated through the PEELOFSKINCOSMETICS.COM website meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
Article 12: Intellectual property
The products for sale on the PEELOFSKINCOSMETICS.COM website are the property of POS COSMETIC LLC.
The content of the PEELOFSKINCOSMETICS.COM website is the property of POS COSMETIC LLC and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 13: Unforeseen
Pursuant to Article 1195 of the Civil Code, in the event of a change that the parties could not foresee when entering into the contract, making the performance thereof excessively onerous for the party to the contract undergoing this change; the party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contracting party.
Article 14: Force majeure
In the event that the parties do not perform their obligations or if the performance of their obligations is delayed due to a case of force majeure within the meaning of Article 1218 of the Civil Code, the parties cannot be held for responsible. The causes can be multiple and in particular climatic, epidemiological, bacteriological, military, political, IT etc.
Article 15: Language and applicable law
These GTC and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Article 16: disputes
POS COSMETIC LLC reminds consumers that if they encounter a problem following their purchase on PEELOFSKINCOSMETICS.COM they have various remedies, amicable or not.
The consumer is first invited to contact POS COSMETIC LLC customer service in order to reach an amicable agreement.
In the event that POS COSMETIC LLC and the consumer do not manage to find an arrangement, POS COSMETIC LLC informs the consumer that he has the possibility of seizing the consumer mediator, of contacting a consumer association which will help him in his procedures or even to alert the DGCCRF. He may also resort to any alternative dispute resolution method (conciliation, for example).
When no amicable solution has been obtained, the consumer can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.
The consumer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to to obtain, against the data controller or subcontractor, compensation before a civil or administrative court or before the national commission for data processing and freedoms.
Article 17: Pre-contractual information and consumer acceptance
The fact for a natural (or legal) person to order on the PEELOFSKINCOSMETICS.COM website implies full and complete acceptance and acceptance of these GTC and obligation to pay for the products ordered, which is expressly recognized by the consumer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against POS COSMETIC LLC.