ATYNA SKIN –  GENERAL CONDITIONS OF SALE

 

These General Conditions of Sale (« GCS ») exclusively govern the contractual relations between IEBC INTERNATIONAL, SARL at the Aix en Provence RCS under number 877 549 782, whose registered office is located at 4 avenue Don Camillo – 13620 Carry Le Rouet (referred to as « ATYNA SKIN« ), and its consumer customers (referred to as « the Buyer »).

They prevail over any general purchasing conditions of the Purchaser and more generally over any document issued by the Purchaser.

The online sale of the Products requested on the Site is open to Buyers wishing to have them delivered worldwide.

When confirming the order on the Site, the Buyer will be invited to accept the GCS by checking the box « I accept the General Conditions of Sale ». A lack of acceptance and unreserved acceptance of the Purchaser with all the provisions of the previous GCS, no order can be placed.

Any order placed by the Buyer, as a consumer, is deemed not to be part of a commercial, industrial, craft, liberal or agricultural activity.

 

1. DEFINITIONS

Buyer: means any natural person who acts for purposes which are not part of his commercial, industrial, craft, liberal or agricultural activity as well as any legal person who does not act for professional purposes, having created an Account and accepted these GCS.

Account: means the account created by the Buyer via the ATYNA SKIN Site.

Order: means the Products ordered by the Buyer.

Personal data: means any information relating to a natural person which makes it possible to identify him directly or indirectly.

Product: refers to all of the products offered for sale by ATYNA SKIN.

Price: means the price including all taxes (inclusive of tax) offered by ATYNA SKIN for the Product concerned, to which various costs such as delivery costs may be added.

Site: means the ATYNA SKIN website available at https://www.atyna-skin.com/

ATYNA SKIN: designates the company IEBC INTERNATIONAL, SARL at the R.C.S. of Aix en Provence under the number 877 549 782, whose head office is located at 4 avenue Don Camillo – 13620 Carry Le Rouet

User: means any visitor to the Site, professional or private, client or not of ATYNA SKIN.

 

2. OBJECT

The purpose of these GCS is to define the rights and obligations of the Parties in connection with the sale of the Products offered by the company ATYNA SKIN to the Buyer.

They are communicated to the Buyer during the validation of his Order and are freely accessible to any user of the Site.

They are applicable as soon as they are put online on the Site and are opposable to the Buyer upon their acceptance.
They prevail over any other document, and in particular over all general conditions of purchase.

ATYNA SKIN reserves the right to modify its GCS from time to time.

ATYNA SKIN will make available to the Purchaser the latest version of the GCS on the Site and will provide them with a copy of this version if the Purchaser requests it.

 

 

3. CUSTOMER ACCOUNT

Any Buyer wishing to place an order on the Site should preferably have an Account.
In order to open an Account on the Site, the Purchaser will provide certain information (surname, first name, company, postal and email address, telephone number, etc.) and must choose a password.

Any action and / or connection and / or Order carried out and / or placed with this password is deemed to be carried out by the Buyer. In the event of loss of his password, the Purchaser must immediately notify ATYNA SKIN and complete the password modification procedure offered on the site.

 

4. ORDERED

4.1 Order placed by the Buyer

All Orders must be made by the Buyer on the Site.

To place an order on the Site, the Buyer adds to his shopping cart the Products he wishes to order.
By clicking on the « YOUR CART » icon, a summary of his Order as well as the Price including all taxes (T.T.C) of the Product he wishes to order will appear on the screen.

To place an Order, the Buyer will be asked to identify himself if he has not done so before or, if he does not already have an Account, to create one. In the latter case, the Purchaser must enter his postal address and telephone number.
After identifying himself, the Purchaser must provide his postal and telephone details, if he has not previously indicated them or if he wishes to modify them. He can then indicate the country and the postal code in which he wishes to be delivered. It being specified that the Buyer may indicate a delivery address different from that of invoicing.

The Buyer will then be invited to consult these Terms and Conditions and accept them by checking the box « I accept the general conditions of sale ».

The Order can only be confirmed if you have accepted these GCS.
He will then choose the payment method he wishes and a summary of his Order will then appear on the screen.
The Buyer must then proceed to the payment of his Order then click on the validation icon to finalize his Order.
The « validation click » constitutes an electronic signature.

This electronic signature has, between the parties, the same value as a handwritten signature.
Any validation click constitutes an irrevocable commitment of the Purchaser which cannot be questioned.
As soon as the Order is confirmed, ATYNA SKIN sends the Buyer a summary of their Order by email to the address provided by the latter.

The Buyer has access, from his Account, to the history of his Orders and can in particular follow the course (preparation, delivery etc.).

4.2 Modification of Order

The Buyer has the possibility of modifying his Order within 2 hours after validation.
To do this, he must contact ATYNA SKIN customer service by email at contact@atyna-skin.com in order to express his desire to modify his Order.

4.3 Refusal of Order

ATYNA SKIN reserves the right to refuse any Order in the event of:

– Exceeding the indicated Order limits;
– Existing litigation with the Buyer;
– Total or partial non-payment of a previous Order by the Buyer;
Abnormal nature of the latter, in particular in the event of an Order for quantities and / or amounts unusual for an end consumer.

 

5. PRODUCTS

5.1 Product Information

The information contained in the various catalogs and electronic supports (electronic documentation, interactive catalog, Site, newsletter, opinion of the direction, notices and advertising documents) are as faithful as possible but are given only for information and can be modified at any time and without notice.

The photographs illustrating the Products on the Site do not enter into the contractual field. Also, ATYNA SKIN cannot be held responsible if errors or alterations resulting from the processing of these photographs are introduced.

5.2 Availability of Products

The Products are offered on the Site within the limits of available stocks.

If a Product ordered by the Purchaser is unavailable, ATYNA SKIN will inform the Purchaser as soon as possible and, if possible, indicate the date on which the Product will be available again. The Buyer will then be able to obtain a refund for the unavailable Product, to modify its Order or, when this period is communicated to it, to wait until the Product is available again.

It being specified that in the event of cancellation of the Order for the Product concerned, the Buyer will be reimbursed for the value of this Product by ATYNA SKIN.

 

6. PRICES AND INVOICING

The prices are expressed in euros and are understood, unless otherwise stipulated all taxes included (T.T.C).

If the Purchaser does not provide an intra-community value added tax number (referred to as « VAT »), VAT is invoiced by ATYNA SKIN according to the tax provisions in force on the day of invoicing. It being specified that the applicable VAT is that of the country of delivery of the Product.

Prices can be changed at any time by ATYNA SKIN.

The price guaranteed to the Buyer is that displayed on the Site at the time of placing the Order.
The prices indicated do not include participation in delivery costs, which will be invoiced in addition and indicated in the Order confirmation and invoice sent to the Buyer.

They also do not include any other additional costs (gift wrapping etc.).

The Purchaser undertakes to pay the Price stipulated for the Product ordered on the Site and any additional costs (transport) as well as to pay or have paid, if necessary, directly to the forwarder or transporter, the rights customs, VAT or other taxes due on the importation of the Product into the country of the place of delivery and in particular Switzerland and the overseas territories and department.

7. PAYMENT METHODS

The Order being an order with obligation to pay, the placing of the Order implies a cash payment of the Buyer.
Payments will be made exclusively online by credit card, through a secure system so that the information transmitted remains confidential.

The payment of the Order cannot in any case be subject to any compensation whatsoever with a possible sum due by ATYNA SKIN to the Buyer.

The debit of the bank card will take place following the validation of the Order.

 

8. DELIVERY

 

8.1 Delivery delay

They are counted in working days from the date of validation of the Order, as soon as the address of the Order has been correctly entered. The delivery times are indicated on the page of each product.

It being specified that for delivery to certain countries, customs fees may be affected to the Buyer. The amount of these customs fees is fixed by the customs authorities and that ATYNA SKIN cannot in any case be held responsible for the payment of this tax when sending the Order to the Buyer, the payment of this tax having to been paid by the Buyer so that the latter can receive his Order.

No refund, or any other compensation, may be requested from ATYNA SKIN by the Buyer due to the lack of delivery resulting from the non-payment of this tax by the Buyer.

8.2 Delivery terms

Delivery means the transfer to the Buyer of physical possession or control of the Product. The Products ordered will be delivered to the address indicated by the Buyer when ordering. The Purchaser must ensure its accuracy.
Any package returned to ATYNA SKIN due to an incorrect or incomplete delivery address, or when the Purchaser has not picked up his Order at the pick-up point he had indicated within the time limit set for him, will be redirected at the Buyer’s expense. It being specified that the return costs will be communicated by ATYNA SKIN to the Buyer and may differ from the initial delivery costs for which the Buyer could have benefited from a reduction.

The delivery costs are the responsibility of the Buyer except for orders exceeding a certain purchase amount. The latter varies depending on the country.

Except in cases of force majeure or during the closing periods clearly announced by ATYNA SKIN, the Products are dispatched within seven days following the date of registration of the Order, indicated on the summary email of the Order sent to the Buyer.
The risk of loss or damage is transferred to the Buyer upon delivery of the goods to the carrier.
In case of exceeding the deadline indicated, or, failing this, beyond 30 days after the conclusion of the Order, the Purchaser may terminate the sales contract with ATYNA SKIN under the conditions provided for in article L.138- 2 of the Consumer Code if, after the Purchaser’s written request sent by email to ATYNA SKIN at contact@atyna-skin.com, the latter has not delivered the Product within a reasonable additional time.

The Buyer could immediately terminate the contract if ATYNA SKIN refuses to deliver the goods or if it does not fulfill its obligation to deliver the goods within a reasonable additional time and the date or time indicated is an essential condition of the contract. having been brought to the attention of ATYNA SKIN during the Order.
In the event of termination of a contract, ATYNA SKIN will reimburse the undelivered Products and costs relating to the Purchaser within 14  days following the date of termination of said contract.

It is the Buyer’s responsibility to check the Products ordered upon delivery and in particular the quantity, quality, weight, dimensions, content, conformity and condition of the Product. If he finds anomalies, he must issue, upon delivery to the delivery person, handwritten, precise and dated reservations, describing the defects noted. These reservations must also be sent to ATYNA SKIN within seventy-two (72) hours by e-mail (contact@atyna-skin.com) with mention of the order number accompanied by photographs illustrating the defects found.

In the absence of a reservation expressed in these conditions, the delivery will be deemed to be in conformity.

The Buyer must keep the packaging. In case of error on the Product, the Buyer may return the Product concerned according to the terms and conditions described in article 13.

 

9. RETENTION OF TITLE

The transfer of ownership of the Product takes place only upon receipt of full payment of the Price.
In the event of default or late payment of the Price, ATYNA SKIN reserves the right to claim the return of the delivered Product.
The Buyer agrees to return the delivered Product for which payment is lacking, at his expense, at the first request from ATYNA SKIN.

 

10. GUARANTEES

10.1 Commercial warranty

The Products are declared to comply with the various European standards in force by the Responsible Person, in accordance with European Regulation n ° 1223/2009 on Cosmetic Products.

The guarantees on the goods sold by ATYNA SKIN are those given by the Responsible Person, whose name and address appear on the said goods.

10.2 Hidden defects warranty

Independently of the commercial guarantee, ATYNA SKIN guarantees the Buyer against any hidden defect, arising from a defect in the design of the Product, to the exclusion of any negligence or fault of the Buyer in application of articles 1641 and following of the Civil Code.

The warranty claim for hidden defects must be brought by the Buyer within two (2) years of the discovery of the defect.
The Buyer can choose between canceling the sale or reducing the sale price.


Article 1641 of the Civil Code:

« The seller is bound by the guarantee due to the hidden defects of the thing sold which make it unfit for the use for which it is intended, yes which reduces this use so much, that the buyer would not have acquired it, or n ‘would have given them a lower price, if he had known them. « 

Article 1644 of the Civil Code:

« (…) the buyer has the choice of returning the thing and having the price returned, or of keeping the thing and having part of the price returned, as it will be arbitrated by experts ».

Article 1648 paragraph 1 of the Civil Code:

« The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. « 

10.3 Legal guarantee of conformity

ATYNA SKIN is also guarantor, with regard to the Buyer, of the conformity of the Products allowing him to make a request under the legal guarantee of conformity under articles L.217-4 and following of the Consumer Code (below reproduced).
The Buyer has a period of two (2) years from delivery of the Product to formulate its request under the legal guarantee of conformity. He must send this written request, by registered mail with acknowledgment of receipt to ATYNA SKIN.
The Buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code.

In addition, in accordance with article L.212-7 of the Consumer Code, the Buyer is exempted from providing proof that the non-conformity was present at the time of delivery if the defect occurs within twenty-four ( 24) months after delivery of the goods.

Article L.217-4 of the Consumer Code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. « 

Article L.217-5 of the Consumer Code:

« The goods comply with the contract:

1 ° If it is suitable for the use normally expected of similar goods and, if applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. « 

Article L.217-12 of the Consumer Code:

“The action resulting from the lack of conformity lapses two years after delivery of the goods. « 

Article L.217-16 of the Consumer Code:

« When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization at least seven days is added to the duration of the remaining warranty.

This period runs from the buyer’s intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request. « 

 

11. LACK OF PRODUCT SECURITY

In the event of damage caused by a defect in the security of the Product, the Buyer must seek the responsibility of the Responsible Person, whose name and address are mentioned on the packaging of the Product.

 

12. SUSPENSION – RESOLUTION

In the event of non-compliance by the Purchaser with any of its obligations, in particular in the event of total or partial failure to pay by the due date, ATYNA SKIN reserves the right, without prior notice, to suspend delivery of the Produced under the Order executed or being executed and / or to suspend the performance of its obligations, without compensation, without prejudice to the exercise of its possible rights of recourse.

In addition, if forty-eight hours after a formal notice by registered mail with request for acknowledgment of receipt, it remains unsuccessful, all agreements with the Buyer may be terminated automatically without payment of compensation to the Buyer by ATYNA SKIN, who may request, in particular for interim measures, the return of the goods.

In all the cases mentioned above, and as soon as ATYNA SKIN does not opt ​​for the resolution of the agreements, all the unmatured claims of ATYNA SKIN will become immediately due and the Buyer will be obliged to immediately return the goods remaining unpaid. The fact that ATYNA SKIN does not avail itself of a breach of contract by the Buyer does not mean waiver of it for the future.

 

13. RIGHT TO RETRACT

In accordance with the provisions of article L.221-18 of the Consumer Code, the Purchaser may return the delivered Product within 14 (fourteen) days of delivery thereof and request reimbursement from ATYNA SKIN, it being specified that the return costs are the responsibility of the Buyer.

The refund will be made within fourteen (14) days of receipt of the returned Product, according to the initial payment method of the Order.

In order to exercise their right of withdrawal, the Purchaser must send ATYNA SKIN at contact@atyna-skin.com a request for withdrawal.

All returned Products must be in their original condition: new, not wired, not soiled, with the instructions for use and the original packaging, in a resale condition, all unequivocal.

It is recalled in this regard that the responsibility of the Buyer, in the event of withdrawal after use of the Product, may be engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and the proper functioning of this Product. It being specified that, according to the European Commission, these manipulations are those that a consumer could have carried out in a store, for the goods offered there for sale.

14. RESPONSIBILITY

All the Products offered by ATYNA SKIN must be used in accordance with their instructions for use and taking all the necessary precautions.

The Buyer assumes responsibility for the choice of Product that he decides to order. Consequently, ATYNA SKIN can in no way be held responsible for the inadequacy of the Product with the use that is made of it.

ATYNA SKIN cannot be held responsible for any damage, direct or indirect, material or immaterial, resulting from the use of a Product in a manner that does not comply with its instructions for use.

Apart from the cases mentioned above, ATYNA SKIN cannot be held liable if ATYNA SKIN demonstrates that the non-execution or poor execution of these General Conditions of Sale or of the Order is attributable either to the Purchaser or to the unpredictable fact and insurmountable by a third party to the contract.

 

15. FORCE MAJEURE

All circumstances beyond the control of the parties, preventing performance under normal conditions of their obligations, are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence and their disappearance.
Are considered force majeure those usually retained by case law, namely: events of an irresistible and unpredictable nature, beyond the control of the parties, against which they could not reasonably protect themselves and which they would not have could not mitigate the consequences by incurring expenses out of proportion with the expectations of financial spinoffs.

As such, are specifically considered as cases of force majeure or fortuitous events the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to telecommunication networks external to Buyers as well as any health and virological crisis.
The Parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these GCS may be terminated by the injured party.

 

16. INTELLECTUAL PROPERTY

The content of the Site and all the elements that compose it, in particular in the form of texts, photographs, images, icons, sounds, videos, software, database or data is the property of ATYNA SKIN and is protected by international rules and French intellectual property.

Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which ATYNA SKIN has intellectual property rights, on any medium whatsoever and in any way whatsoever, carried out without written authorization and prior to ATYNA SKIN, is strictly prohibited.

Non-substantial reproduction or representation of the elements over which ATYNA SKIN has intellectual property rights is authorized for strictly private and non-commercial purposes.

The authorized reproduction of the elements on which ATYNA SKIN has intellectual property rights must clearly indicate the source and the name of the author of the content reproduced.

ATYNA SKIN reserves the right to pursue civil and criminal legal proceedings, in France and abroad, in particular in forgery, with regard to any person who, directly or indirectly, would have infringed his rights.

17. PERSONAL DATA

During his Order, the Buyer may be required to communicate personal information concerning him.
ATYNA SKIN strives to respect the information submitted by the Buyer under the conditions provided for in the Privacy and personal data policy available on the site.

 

18. MEDIATION

In the event of a dispute, the Purchaser must first contact ATYNA SKIN customer service at the email address contact@atyna-skin.com.

In the event of a complaint lacking from customer service or in the absence of a response from this service within two months, the Purchaser may submit the dispute relating to the order form or these GCS opposing him to ATYNA SKIN at Mediator of the Professional Federation of e-commerce and distance selling who will try, in complete independence and impartiality, to bring the parties together to reach an amicable solution.

The Buyer can contact the above-mentioned mediator either at the email address: mediateurduecommerce@fevad.com, or at the following postal address:

Service du Médiateur du e-commerce de la FEVAD,

60 rue la Boétie

75008 Paris

To submit his request for mediation, the Buyer has a claim form available on the mediator’s website.
The parties to the contract remain free to accept or refuse the use of mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

19. PARTIAL NON-VALIDATION

If one or more stipulations of these GCS are declared null, in application of a law, a regulation or following a final decision of a competent jurisdiction, they will be deemed unwritten, without causing the nullity of the ‘all of these GCS by which ATYNA SKIN and the Purchaser will remain bound to each other.

If necessary, ATYNA SKIN and the Purchaser agree to negotiate in good faith the arrangements necessary to replace the stipulations which may have been canceled or invalidated for any reason whatsoever.

 

20. NON-WAIVER

The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in cause.
The fact for a Party not to claim the application of any provision of these General Conditions of Sale or to tolerate its non-performance temporarily or permanently, may in no case be interpreted as a waiver by this Party to exercise the rights it holds under these GCS.

The fact for a Party to tolerate a non-performance or an imperfect performance of a contractual obligation referred to in these GCS or more generally to tolerate any act, abstention or omission, of the other Party not in accordance with the contractual provisions cannot confer a right whichever party benefits from such tolerance.

 

21. TITLE

The headings and sub-headings appearing in these GCS are included for convenience. By express agreement between ATYNA SKIN and the Purchaser, these titles and sub-titles may in no case be used to interpret any provision whatsoever of these GCS. In the event of a contradiction between any of the article titles and any of the stipulations, the titles will be declared non-existent.

 

22. APPLICABLE LAW

These GCS and the Order are governed in their entirety by French law.
Any dispute relating to the conclusion, interpretation, execution or termination of these General Conditions of Sale will be the subject of an amicable agreement search.

These Terms and Conditions are written in French. In the event that they have been translated into one or more foreign languages and in the event of a dispute, only the text written in French will prevail between the parties.

 

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