Terms of Sales
These conditions relate to all the sites (above named “the Sites”) published by the company QUAI DES CELESTINS:
https://dlabparis.com
QUAI DES CELESTINS, a simplified joint-stock company with capital of €9,050, whose registered office is at 207 rue du Faubourg Saint-Martin – 75010 Paris, registered with the Paris Trade and Companies Register under number 522 306 265 , including intra-community VAT number FR1 352 2306 265 (hereinafter “Quai des Célestins”).
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with Quai des Célestins by any person (the "Customer") .
The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the Site.
Quai des Célestins reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the Sites at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
The site, https://dlabparis.com is an e-commerce site owned and managed by Quai des Célestins.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Quai des Célestins or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). Quai des Célestins cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Quai des Célestins does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. Quai des Célestins cannot be held responsible for problems with data transmission, connection or unavailability of the network either.
Quai des Célestins reserves the right to change the Site, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Customer Account").
The Customer's registration on the Site is validated after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Quai des Célestins cannot be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to Quai des Célestins that he is of legal age and has the legal capacity to contract.
Quai des Célestins may delete the Customer's Account at any time, for any reason, at its sole discretion.
IV. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Quai des Célestins. As such, Quai des Célestins cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
Quai des Célestins takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Quai des Célestins does not guarantee the accuracy or security of the information transmitted or obtained through the Site.
It is specified that Quai des Célestins only accepts the return of undamaged and unopened Products, these two conditions being checked before returning the returned Products to stock.
V. ORDERS
Taking an Order on the Site is subject to compliance with the procedure set up by Quai des Célestins on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Quai des Célestins. To this end, the Customer formally accepts the use of e-mail for confirmation by Quai des Célestins of the content of his Order. Invoices are available on request from customer service “contact@dlabparis.com”.
VI. REFUSAL TO PROCESS AN ORDER
Quai des Célestins reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite Quai des Célestins' best efforts to meet its customers' expectations, the latter may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Quai des Célestins cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process a Order after sending the confirmation email summarizing the Order.
Quai des Célestins also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
VII. PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include value added tax (VAT) applicable in France.
Quai des Célestins reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made either via Paypal, or via the Payplug secure payment platform or the ALMA secure payment platform for payment in installments free of charge.
The Customer expressly acknowledges that the communication of his bank card number to Quai des Célestins constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, notification of Order cancellation for non-payment is sent to the Customer by Quai des Célestins to the email address provided by the Customer when registering on the Site.
The data recorded and kept by Quai des Célestins constitutes proof of the Order and of all past sales. The data recorded by Paypal, Payplug or ALMA constitutes proof of any financial transaction between the Customer and Quai des Célestins.
VIII. DELIVERY
Deliveries are made by the Colissimo service of the Post Office, from Monday to Saturday, by Chronopost in 24 hours and by Mondial Relay, depending on the option chosen by the Customer when confirming his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery” section.
When Quai des Célestins is responsible for transporting the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the Customer's failure to withdraw his Order, the Customer may choose to have the Order returned or to be reimbursed.
Quai des Célestins delivers Orders within a maximum period of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an International Delivery, this period being counted from the first working day after the validation of the Order (note that Quai des Célestins does not deliver the Products to the following countries: Canada). The day after the posting of a special operation and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Quai des Célestins cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Quai des Célestins cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by Quai des Célestins being possible to the exclusion of any other form of compensation.
Quai des Célestins may, where appropriate, refuse orders from consumers requesting abusive reimbursement of orders.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Quai des Célestins, without having to justify his decision.
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order at his expense, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unopened.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by Quai des Célestins is made no later than 72 hours from the date on which the Parcel is received by the logistics team.
Quai des Célestins makes the refund using the same means of payment as the one used to pay for the Order, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not does not incur any costs for the consumer.
If the Customer fails to comply with these T&Cs, Quai des Célestins will not be able to reimburse the Products concerned. In all cases, return costs are borne by Quai des Célestins if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
9.4 Satisfied or refunded program: D-LAB NUTRICOSMETICS undertakes to refund the order if the customer declares himself dissatisfied.
Satisfied or refunded program: D-LAB NUTRICOSMETICS undertakes to refund the order if the customer declares himself dissatisfied.
Return conditions:
- The cure must have been consumed daily and entirely for the duration of the recommended cure, respecting the dosage.
- The questionnaire, sent by customer service, must be fully completed, accompanied by a photo of the empty bottle(s) and a copy of an identity document (identity card or passport valid)
If all these conditions are met, the cure will be refunded within 30 days of receipt.
In the event that the customer has ordered several bottles of the same formula for which he wishes to be reimbursed, only one bottle or program consumed will be reimbursed. The other bottles must be returned unopened, in their original packaging and accompanied by the questionnaire, the order number and the surname and first name to the following address:
KIND INDUSTRY / D-LAB INDUSTRY
D-LAB NUTRICOSMETICS account
2 Poppy Alley
03800 Saint Bonnet de Rochefort,
France
The costs of returning the products are the responsibility of the customer. We advise you to opt for shipping with tracking, as we will not be able to refund you for products not received.
X. WARRANTIES - LIMITATION OF LIABILITY
The liability of Quai des Célestins with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Quai des Célestins shall in no event be liable for the following losses, regardless of their origin:
loss of revenue or sales
operating loss
loss of profits or contracts
loss of planned savings
data loss
loss of work or management time
image damage
loss of opportunity, and in particular to order a Product,
moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
Quai des Célestins does not provide any guarantee concerning any damage which could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of it, including any transmission resulting from downloading any content made by the Customer, software used by the latter to download the content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
Quai des Célestins is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, Quai des Célestins guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Apparent defect - Warranty - Legal compliance - Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (contact@dlabparis.com)
The Customer must comply with the procedure relating to the right of withdrawal by first informing Quai des Célestins by any means of the existence of this apparent defect, so that the return can be accepted.
Subject to validation of a non-conformity or a hidden defect by Quai des Célestins or the manufacturer, as the case may be, the Customer benefits from the following guarantees:
Quai des Célestins, whose registered office is located at 207 rue du Faubourg Saint-Martin – 75010 Paris, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Customer:
benefits from a period of two (2) years from the delivery of the Product to act in default of conformity of the Product,
is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the consumer code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the head office. office of Quai des Célestins, after sending an e-mail indicating the reason for the return of the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 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 liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 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 seller's attention and which the latter has accepted. »
Art. L217-7 of the Consumer Code: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “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 preclude the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, Quai des Célestins shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter. with acknowledgment of receipt. 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, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of Quai des Célestins or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI. PARTIAL DISABILITY
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
XII. NON-WAIVER
No tolerance, inaction or inertia on the part of Quai des Célestins may be interpreted as a waiver of its rights under the terms of the GCS.