General Terms and Conditions of Sale

General terms of use and sale

Version of 04/25/2023

PREAMBLE

These general terms of use and sale (hereinafter the "CGUV") govern all relations between the Alphasérum site, accessible via the internet address www.alphaserum.paris (hereinafter the "Site") owned by the company Dermway Paris, a simplified joint-stock company with a capital of 100,000 euros, whose registered office is located at 34 avenue des Champs Elysées – 75008 Paris, registered with the Paris Trade and Companies Register under number 789 877 206 (hereinafter the "Seller") and any user of the Site (hereinafter the "User").

The Site allows the Seller to offer cosmetic products for sale to Users browsing the Site (hereinafter the "Products").

For the application of the CGUV, it is agreed that the User and the Seller will be collectively referred to as the "Parties" and individually as "Party," and that the User who has validated an order will then be called the "Buyer."

The rights and obligations of the User necessarily apply to the Buyer.

PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS

The CGUV are binding on the User who acknowledges, by validating their order, that they have read and accepted them without reservation. It is specified that the User can save or print the CGUV, provided they do not modify them.

The CGUV may be supplemented by stipulations in special sales conditions or order forms. By accepting the CGUV, the Buyer expressly waives the right to invoke any possible general purchasing conditions.

The Seller reserves the right to modify these CGUV at any time, without notice, provided that such modifications will not apply to reservations and orders previously accepted and confirmed by the Buyer.

The fact that the Seller does not invoke any of the CGUV at a given time cannot be interpreted as a waiver to invoke any of these conditions later. 

The invalidity of a contractual clause does not invalidate the CGUV. The temporary or permanent non-application of one or more clauses of the CGUV by the Seller shall not be considered a waiver of the other clauses of the CGUV, which continue to have effect.

ORDER

Orders can only be placed through the Site. Any order implies unrestricted and unconditional acceptance of the CGUV.

The Buyer agrees that the order recording systems of the Site may serve as proof of the nature of the order and its date.

The User makes their selection by browsing the Site pages. Their selections are added to their cart when they click on "Add to cart." Each time the User clicks "Add to cart," a confirmation screen appears summarizing all selected products and options. The User can view their cart and finalize their order by clicking on "Finalize my order."

To place an order on the Site, after clicking on "Finalize my order," the User accesses the "Information" page where they must enter their last name, first name, email, address, and phone number. By checking a box, the User can choose to save their details to save time on their next order.

By clicking on "Continue to delivery," the User confirms the "Information" page and accesses the "Delivery" page where they must provide their email and delivery address. Delivery fees are calculated and displayed on this same page.

By clicking on "Continue to payment," the User confirms the "Delivery" page and accesses the "Payment" page where they must verify the summary of their order.

The User must provide their credit card information and indicate their billing address.

The Site explicitly states that confirming the order implies knowledge of and unreserved acceptance of the CGUV.

To confirm their order, the User must click on "Confirm my order."

By clicking on "Confirm my order," the Buyer accepts the order as well as the General Terms and Conditions of Sale and Use (CGUV).

After payment on the secure Stripe server, a confirmation receipt is displayed. It confirms to the Buyer the registration of their order. The Seller will send a confirmation email to the Buyer when the order is received in the Seller’s systems.

This confirmation email will specify the exact billed amount and the delivery terms of the order.

This acknowledgment of receipt constitutes acceptance of the order and will validate the transaction subject to payment of the order.

Product offers and prices are valid as long as they are visible on the Site, subject to available stock. Errors or changes may exceptionally occur, especially in the case of simultaneous orders of the same Product by multiple Buyers. The Seller reserves the right to refuse an order in case of insufficient stock.

In case one or more Products become unavailable after placing the order, the Buyer will be notified by email. The order amount will be recalculated and the Buyer will be charged the new amount, reduced by the missing Products. If the entire order is unavailable, the Buyer will be notified by email and will not be charged.

The Seller assumes no responsibility in case of stock shortage or unavailability of Products for orders not yet accepted by the Seller.

The Seller reserves the right to suspend or cancel any order from a Buyer with whom there is a dispute regarding payment of a previous order, or for any other legitimate reason, notably related to the abnormal nature of the order. The Seller will inform the Buyer and the payment will not be recorded.

Technical means of identification and error correction

Payment and transmission of delivery details are respectively managed by Stripe and Shopify.

The Buyer is fully responsible for correctly providing their delivery details. The Seller is not liable for any damage or loss related to incorrect entry of this information during identification or payment.

LEGAL WARRANTIES

Legal warranties

The Buyer benefits from the provisions of the legal warranty of conformity and the legal warranty against hidden defects. The Buyer must keep their purchase invoice to benefit from these legal warranties. For any claim, the Buyer may contact the Seller via the form on the "Contact" page of the Site.

Legal warranty of conformity

The Seller will deliver a product that complies with the contract and is free from non-conformity defects at the time of delivery, meaning the product will be suitable for the usual use expected of a similar good and will have the characteristics presented at the time of sale. The Seller is also responsible for non-conformity defects resulting from the packaging.

This warranty will only apply if the Buyer makes a claim within two years from the delivery of the product. Non-conformity defects that appear within 24 months from delivery are presumed to have existed at the time of delivery, unless proven otherwise.

The Buyer may choose between repair and replacement of the product unless one of these options results in a manifestly disproportionate cost for the Seller. If repair or replacement of the product is impossible, the Buyer may have the price refunded and return the product or keep the product and receive a partial refund, unless the non-conformity defect is minor. The return, replacement, or refund of the product will be at no cost to the Buyer and does not prevent the possible awarding of damages if the Buyer is entitled to them.

Legal warranty against hidden defects

The Seller will deliver a product free from hidden defects that would make it unfit for the intended use, or that so diminish this use that the Buyer would not have purchased it, or would have paid a lower price, if they had known about them.

In case of hidden defects, the Buyer will have the choice to return the product and be refunded the price and costs incurred by the sale or to keep the product and be refunded part of the price. In all cases, it will be up to the Buyer to prove that they meet the warranty conditions.

4.2 Liability

The Seller does everything possible to satisfy the User. The Seller is responsible for the proper execution of the General Terms and Conditions of Use and Sale (CGUV). 

However, the Seller cannot be held responsible for non-performance of the contract in case of stock shortage or product unavailability due to a fortuitous event, force majeure, unforeseeable and insurmountable act of a third party to the contract, or non-compliance of the product with foreign legislation in case of delivery to a country other than France.

The Seller declines all responsibility:

- for any interruption of the site; 

- for any occurrence of bugs; 

- for any damage resulting from fraudulent intrusion by a third party causing modification of the information made available on the Site; 

- and more generally for any direct or indirect damage, whatever the causes, origins, nature, or consequences, including notably loss of profits, customers, data, or any other loss of intangible assets that may occur due to anyone's access to the Site or the impossibility of accessing it or the credit given to any information coming directly or indirectly from it.

Hyperlinks may lead to other sites. The Seller cannot be held responsible if the content of these sites violates applicable legal and regulatory provisions.

Furthermore, the Seller reminds that any creation of a hyperlink to the Site's homepage or any other page of the Site is subject to the Seller's prior and express consent.

Regarding the free text area, especially on the "Contact" page form, it is reminded that Users are prohibited from entering any insulting, discriminatory messages or messages harming a person's image, under penalty of being held responsible.

The Site is accessible 24/7, except in cases of force majeure and outside necessary maintenance interventions for its proper functioning. These interruptions do not give rise to any compensation. Incidents occurring on networks beyond the Seller's control do not engage their responsibility (power outages, computer failures).

The Site has been developed to be compatible with Internet Explorer, Chrome, Safari, Firefox browsers and to be optimally visible on all devices (mobile phones, tablets, and computers). The Seller declines all responsibility if the viewing is not optimal when the User does not comply with these technical requirements.

DELIVERY TIMES, FEES, AND TERMS

Delivery terms

Products are delivered only to countries within the European Union.

Products will be delivered to the delivery address indicated by the Buyer, by the carrier chosen by the Seller.

The Seller is released from all liability if delivery is not possible or delayed due to incorrect information provided by the Buyer at the time of the order.

Delivery time

Delivery will be made as soon as possible (average time of 2 to 5 days) from the order on the Site.

In case of delivery delay, the Seller will inform the Buyer by email as soon as possible and propose a new estimated delivery date.

In case the ordered product is unavailable, the Seller will inform the Buyer as soon as possible. The Seller will offer a Product of equivalent quality or price to the Buyer, or cancel the order and fully refund it, with the Buyer's agreement.

Delivery fees

Delivery fees are free regardless of the destination within France and the European Union.

RETENTION OF TITLE

Ordered products remain the property of the Seller until full payment of the price is received by the Seller. The Buyer agrees, as long as ownership has not been transferred, to take all necessary precautions to properly preserve the Products.

PRODUCT PRICES FOR SALE ON THE SITE

Prices shown on the Site are indicated in Euros, all taxes included, and may vary during the year, with the understanding that products ordered are invoiced at the prices in effect at the time the order is recorded.

Prices include the value-added tax (VAT) applicable on the day of the order, and any change in the applicable rate will automatically be reflected in the price of the products sold by the Seller on the Site.

These prices notably include the processing fees for the Buyer's order.

If the Buyer requests delivery outside French territory, their order may be subject to possible taxes and customs duties upon arrival at the destination.

The payment of these duties and taxes is the responsibility of the Buyer, who is advised to inquire with the competent authorities in their country. The Buyer must also check the import or usage possibilities of the products they order from the Seller in the destination country.

Payment methods

The Buyer has the Stripe payment module as a fully secure payment method to pay for their purchases on the Site.

With Stripe, the Buyer's financial information is never shared with the Seller. Indeed, Stripe encrypts and protects the Buyer's credit card number.

The Buyer guarantees the Seller that they have any necessary authorizations to use the chosen payment method when placing the order.

The Seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment of any amount due by the Buyer or in case of payment incident. The Seller will inform the Buyer.

As part of the fight against online fraud, order information may be transmitted to any competent authority for verification.

Security

Payments via Stripe are secured with a protocol to encrypt credit card details. The User can refer to Stripe's site terms of use for more information.

SATISFIED OR REFUNDED: TERMS FOR EXERCISING THE RIGHT OF WITHDRAWAL

Right and withdrawal period

The Buyer has a legal right of withdrawal which they can exercise under the conditions provided by article L. 221-18 of the Consumer Code, if they meet the conditions set by these provisions, without having to justify reasons and without paying penalties.

The Seller's general return policy (for refund or exchange requests), in accordance with the law, allows the Buyer to withdraw within fourteen (14) days from the delivery date of the Products, without having to justify reasons and without paying any penalty. After this period, the User can no longer exercise their right of withdrawal.

Conditions for exercising the right of withdrawal

The Buyer can fill out and submit their withdrawal request online on the Site using the form on the "Contact" page. The Buyer will quickly receive a confirmation of their withdrawal by email.

Consequence of the right of withdrawal

As part of exercising the right of withdrawal or in case of product non-compliance, the User may return the purchased product(s) by requesting an exchange or refund under the conditions described in the article below.

RETURN, EXCHANGE, AND REFUND TERMS

Return procedure

Rest assured, if all or part of the order does not suit you, you have a 14-day withdrawal period from the receipt of the products.

Each returned product must be in its packaging, in new condition, and never used.

Before returning your purchase, please send us a request via our contact form with your order number to receive a return form to complete.

Once the return form is completed, please place it in your return package.

Send the package to the following address: 

Dermway Paris / ALPHASERUM
10 rue Bapst
92600 Asnières sur Seine, FRANCE

We recommend insuring your package and choosing a shipment with tracking and delivery confirmation. Dermway Paris declines all responsibility in case of loss of your package.

The returnRequests without a form will not be considered.

Return shipping costs remain your responsibility.

Refund

Your refund request will be processed as quickly as possible.

Upon receipt of the package, we will send you an email notifying you of the status of your request.

Refunds will generally be processed within 10 business days from receipt of the package.

Refunds are made via the payment method used for the purchase.

We do not refund shipping costs related to the return of your products.

We do not refund purchases made from other retailers. Only products ordered on our site will be eligible for a refund.

PERSONAL DATA

As part of a product order, the Seller collects the User's personal data to enable the completion of the order.

The Seller commits to protecting the User's personal data.

The Seller does not share or trade the User's personal data.

At the order stage on the Site, the User expressly consents to the collection and processing of their personal data necessary to carry out the orders.

The personal data collected by the Seller is intended to enable the completion of the order. The various personal data collected for this purpose will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or tax obligations.

By completing their order, the User can choose to be informed by email of news and exclusive offers on the Site. They can unsubscribe at any time by clicking the link provided for this purpose in each received email.

In accordance with the Data Protection Act of January 6, 1978, as amended, and the General Data Protection Regulation No. 2016/679 dated April 27, 2016 (GDPR), the User of the Site has the right to access, rectify, object, and erase their data subject to legitimate reasons, as well as the right to data portability starting from May 25, 2018. To exercise these rights, the User simply needs to make a request via the "Contact" page form on the Site. This request must be accompanied by proof of identity.

 

For the purposes of applying this clause and to ensure the confidential processing of Users' data, the Site has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, the General Manager of Dermway Paris, who can be contacted via the "Contact" page form on the Site.

In any case, every User has the right to file a complaint with the CNIL.

APPLICABLE LEGISLATION / COMPETENT JURISDICTION

The CGUV and the sales of Products by the Seller on the Site are subject to French law.

In case of a dispute that cannot be resolved amicably on the merits or form, French courts shall have exclusive jurisdiction.

Dispute resolution

In accordance with ordinance no. 2016-301 of March 14, 2016, and decree no. 2016-884 of June 29, 2016, every consumer has the right to use a consumer mediator free of charge to amicably resolve the dispute with a professional. To this end, the Seller guarantees the Buyer effective access to a consumer mediation system.

Any consumer dispute or disagreement can be subject to an amicable settlement by mediation with CMAP – Paris Mediation and Arbitration Center.

A dispute cannot be examined by the consumer mediator when:

1° The Buyer does not prove having first attempted to resolve the dispute directly with the Seller through a written complaint according to the procedures provided, if applicable, in the contract;

2° The request is clearly unfounded or abusive;

3° The dispute has already been examined or is currently being examined by another mediator or by a court;

4° The Buyer submitted their request to the mediator more than one year after their written complaint to the Seller;

5° The dispute does not fall within its scope of competence.

To submit your dispute to the mediator, you can (i) fill out the form on the CMAP website: www.cmap.fr under the tab "you are: a consumer" (ii) send your request by regular or registered mail to CMAP Consumer Mediation, 39 avenue Franklin D. Roosevelt, 75008 - Paris, or (iii) send an email to consommation@cmap.fr. Whatever method you use to contact CMAP, your request must include the following elements to be processed quickly:

Your postal, email, and telephone details as well as the full name and address of the Seller, a brief statement of facts, and proof of prior steps taken with the Seller.

CONTACT US / AFTER-SALES SERVICE

If you wish to contact us, our customer service is at your disposal:

=> For information about our offers;
=> To track the execution of an order, to exercise the right of withdrawal, or to claim the warranty.

We provide you with a form on the "Contact" page of the Site.

INTELLECTUAL PROPERTY

In accordance with laws governing literary and artistic property rights or other similar rights, this Site and all elements, trademarks, designs, models, photographs, texts, illustrations, logos, animated or non-animated sequences, sound or not, graphics, etc. found on this Site, as well as their compilation, are the exclusive property of the Seller.

This company grants no license or other rights except to consult the Site; reproduction or use of all or part of these elements is only authorized for exclusive information purposes for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited.

Neither the Site (in whole or in part), nor its content, nor the trademarks may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified, or exploited in any other way, in whole or in part, for any purpose whatsoever without prior written authorization from the Seller.

Any other use constitutes counterfeiting.

 

Annex 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

Article L217-4 

The seller delivers a good that complies with the contract and is responsible for defects of conformity existing at the time of delivery.

It is also responsible for defects of conformity resulting from packaging, assembly instructions, or installation when this was required by the contract or carried out under its responsibility.

Article L217-5 

The good complies with the contract:

1° If it is suitable for the usual use expected of a similar good and, if applicable:

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

- if it has the qualities that a buyer can legitimately expect based on the public statements made by the seller, the producer, or their representative, especially in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him.

Article L217-6 

The seller is not bound by public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.

Article L217-7 

Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proven otherwise.
For used goods sold, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the good or the invoked lack of conformity.

Article L217-8 

The buyer has the right to demand conformity of the good to the contract. However, he cannot contest conformity by invoking a defect he knew or could not ignore when contracting. The same applies when the defect originates from materials he himself supplied.

Article L217-9 

In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may refuse to proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the good or the importance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.

Article L217-10 

If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. 
The same option is available to him: 

1° If the solution requested, proposed, or agreed upon under article L. 217-9 cannot be implemented within one month following the buyer's claim; 

2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use sought. 

However, the cancellation of the sale cannot be pronounced if the lack of conformity is minor.

Article L217-11 

The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. 

These same provisions do not prevent the awarding of damages. 

Article L217-12 

The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good. 

Article L217-13 

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided by Articles 1641 to 1649 of the civil code or any other contractual or non-contractual action recognized by law.

Article L217-14 

The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Annex 2: Provisions of the Civil Code concerning the warranty against hidden defects

Article 1641

The seller is liable for hidden defects of the sold item that make it unfit for the intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price, if he had known of them.

Article 1642

The seller is not liable for apparent defects that the buyer could have discovered himself.

Article 1643

He is liable for hidden defects, even if he did not know them, unless he stipulated that he would not be obliged to any warranty in this case.

Article 1644

In the case of Articles 1641 and 1643, the buyer has the choice to return the item and get the price refunded, or to keep the item and receive a partial refund, as determined by experts.

Article 1645

If the seller knew of the defects of the item, he is liable, in addition to refunding the price received, for all damages to the buyer.

Article 1646

If the seller was unaware of the defects of the item, he will only be liable for the refund of the price and to reimburse the buyer for the costs incurred by the sale.

Article 1647

If the item with defects perished due to its poor quality, the loss is borne by the seller, who will be liable to the buyer for the refund of the price and other compensations explained in the two preceding articles.

But loss caused by accidental events will be borne by the buyer.

Article 1648

The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.

Article 1649

It does not apply to sales made by judicial authority.