In the Terms of Sales, the terms and expressions identified by a capital letter have the meaning indicated below, whether used in the singular or plural.
1.1. Order : means any order of Products made by the User on the Platform;
1.2. Product : designates the products available for sale on the Platform;
1.3. Platform :designates the platform for helping dermatologists in the diagnosis of the skin of their User patients, and for the development and preparation of tailor-made dermatological products, published by UNIVERSKIN, accessible from the address https://skinxs.com or any other URL that UNIVERSKIN could substitute for it;
1.4. Service :designate the service called « Doctor’s webshop » present on the Platform and which allows the doctor ensuring the follow-up of the User thanks to the Platform (« Doctor ») to offer to order the Product on the Platform if the User requests the manufacture of a Product;
1.5. User : designates any adult and legally capable natural person, having the quality of consumer in the sense given by law and jurisprudence, who uses the Service and orders Products on the Platform, regardless of where it is located and the terms of its connection.
ACCEPTANCE OF THE TERMS OF SALES
The Terms of Sales are applicable to all Orders placed by a User on the Platform. The Terms of Sales constitute a contract between UNIVERSKIN and the User.
Any order is subject to the express and unreserved acceptance of the Terms of Sales by the User by checking the box provided for this purpose. By validating an Order, the User acknowledges having read the Terms of Sales and having fully understood them and undertakes to respect their content.
UNIVERSKIN reserves the right to modify the Terms of Sales at any time and without notice. In the event of modification, the Terms of Sales that are applicable to the User are those in force on the date of the Order.
The Terms of Sales are directly accessible on the Platform by clicking on the « General Terms of Sales » link on all pages of the Platform.
PRODUCTS OFFERED ON THE PLATFORM
UNIVERSKIN proposes on the Platform:
— products specially prepared for the User from a unique dermatological formulation adapted to the User, based on the dermatological diagnostic results produced by the User's Doctor from the questionnaire completed by the User on the Platform (hereinafter the « Personalized Products »);
— cosmetics with a common formulation, marketed by UNIVERSKIN on the Platform (hereinafter the « Common Products »).
The Products are made available to the User on the Platform only if the User uses the Service. The Doctor then sends the User, by email or SMS, a unique hypertext link to the Service on the Platform, to allow the User to place an Order for Products.
A detailed description of each Product (explanation of the diagnosis, information on the ingredients, view of the personalized serum prescribed by the Doctor; description of the Common Products recommended by the Doctor and / or UNIVERSKIN in addition to the Personalized Products) as well as its unit price all taxes included are presented on the Platform.
4.1. Creation of an Account
Placing an Order requires that the User creates an account on the Platform. To do so, the User must have a valid email address. The User's account is created by the Doctor, via the latter's dedicated interface on the Platform. The User then receives an email or a SMS, depending on the media he has agreed to communicate with the Doctor, containing a hypertext link allowing him to connect to the Service, on the Platform (hereinafter the « Account »).
The User is then invited to enter his email address and to define a password. These elements will constitute his unique identifiers allowing him to connect to the Platform to follow his Orders.
The User accepts the use of electronic messaging for the transmission of information they request concerning the placing of Orders and / or the execution of the Terms of Sales.
The User is informed that the Account is only useful for tracking Orders.
4.2. Choice of Product and Order Summary
The User can select the Products of his choice from the list of Products offered to him by his Doctor and / or UNIVERSKIN on the Platform, by clicking on the corresponding tab. With this first click, the User initiates the Order of the chosen Products.
The shopping cart summarizes all of the Products ordered, their quantity, as well as the total amount including all taxes of each Product and of the Order. The User is invited to check his entire shopping basket, modify, and / or delete the quantity of Products ordered, then click on the « Order » tab to continue the Ordering process.
4.3. Delivery and billing address
The delivery of the Products is carried out at home, under the conditions provided for in article 6 below.
The User is invited to enter a delivery address for the Products. Similarly, the User is invited to enter a billing address or, if it is identical to the delivery address, to click on the corresponding box.
Once the information has been verified and / or completed, the User will click on the « Continue » tab.
During this last step, the User is invited to enter their bank information in order to make the payment. The terms and conditions of payment are detailed in article 5 below.
The User can check the number of Products ordered as well as their total price through his shopping basket. Similarly, the User can return to each stage of the ordering process and, if necessary, modify or correct the data entered, by clicking on the « Back » button provided for this purpose.
Once the verifications have been made, the User is invited carefully read the Terms of Sales by clicking on the corresponding hypertext link. By clicking on « Pay », the User expressly acknowledges and declares that he has read the Terms of Sales and fully accepts all of their provisions, without restriction or reservation.
The User can then validate his Order by clicking on the « Pay » button. This second click will mark the validation of the Order.
The Order is then deemed firm and final.
An email acknowledging receipt of the Order and its payment will be sent to the User at the address indicated when creating his Account as soon as possible. This email will include the Order number as well as a summary of the Order. This email will mark the confirmation of the Order.
Any modification to the Order after confirmation thereof is subject to acceptance by UNIVERSKIN.
The price of the Products displayed on the Platform is indicated in the currency of the User's country of residence. The prices indicated include the order processing costs. The User is expressly informed beforehand on the Ordering page that, depending on their country of residence, the prices displayed may be understood to include all taxes or excluding taxes and fees - VAT and any customs fees payable by the User on the date of delivery.
Delivery costs may apply depending on the amount of the Order placed by the User and the country of delivery. The amount of the delivery costs is communicated to the User when choosing the delivery method of the Order before final validation of the latter.
The total amount due for the Order is indicated on the Order confirmation page. The price of the Products is that in force on the day of the Order. UNIVERSKIN reserves the right to modify its prices at any time, while guaranteeing the User that the price of the Product in force on the day of the Order is applied.
The price is due in full on the date of the Order, upon validation of it.
5.2. Payment terms
Orders are payable by bank card. UNIVERSKIN uses STRIPE (RCS Paris 807 572 011) as a payment gateway service. The bank details entered by the User are encrypted. They are collected and processed only by the company STRIPE, in compliance with the regulations applicable to the protection of personal data and banking regulations. Payment will be made in accordance with the general conditions applicable to the STRIPE service, available on the STRIPE website.
No bank data will be requested or stored by UNIVERSKIN.
Invoices will be issued upon delivery of the Products, they are sent to the User in the Order validation email.
The guarantees granted by UNIVERSKIN for the security of transactions are identical to those obtained by UNIVERSKIN from the publisher of the aforementioned payment system.
UNIVERSKIN can in no way be held responsible for technical difficulties that may be encountered by the User during payments.
The Order will be effective after agreement of the bank payment center. If the latter agrees, the User's bank account will be debited immediately. In case of refusal, the Order will be canceled. UNIVERSKIN reserves the right to cancel any Order on the grounds of payment incident, without right, indemnity or recourse open to the User.
Any delay in payment will result in the application of a late payment penalty calculated on the basis of an interest rate equal to three (3) times the legal interest rate, without the need for a reminder. A lump sum compensation of forty (40) euros for collection costs will also be due.
Any complaint by the User may in no case have the effect of deferring or suspending payments.
5.3. Retention of title
It is expressly agreed that UNIVERSKIN retains ownership of the Products delivered until full payment of their price by the User, in principal and interest.
6.1. Delivery terms
The Products available on the Platform can be delivered worldwide as long as the User resides in the same country as that in which the Doctor who follows him and who prescribed the Personalized Products practices.
UNIVERSKIN can, at its option, make successive partial deliveries.
Notwithstanding the retention of title clause provided for in article 5.3 above, delivery is deemed to have been made DAP, at the place of delivery indicated by the User. UNIVERSKIN bears the burden of risk in the event of loss or destruction of the Products until they are received by the User at the agreed delivery location. The unloading of the Products will be carried out under the full responsibility of the User.
The information provided during the Order commits the User. In the event of incorrect information leading to the inability to deliver the Order, UNIVERSKIN cannot be held responsible. Any package returned to UNIVERSKIN because of an incorrect or incomplete delivery address will be redirected at the expense of the User.
UNIVERSKIN is released from its delivery obligation in the event of force majeure which may prevent or make impossible the execution of the order. In the event of such an event or any other event beyond its control, notice is given to the User by any means and the execution of the Order is deferred. If the case of force majeure should last more than fifteen (15) working days, article 12 below will apply.
6.2. Delivery delay
Delivery times are specified when placing an Order. They are given for information only. Delivery times run from the date of registration of the Order indicated on the order confirmation email, subject to receipt of the Order. UNIVERSKIN undertakes to do its utmost to respect the delivery times of the Order, without its responsibility being liable for delay or opening the right to compensation or recourse for the benefit of the User. In the event of a foreseeable delay in delivery, UNIVERSKIN will inform the User by email of the delay times to be expected.
6.3. Absence or delay in delivery
It is possible that a package does not arrive within the time specified by the carrier.
The User has a maximum period of five (5) working days from receipt of the email confirming the shipment of his package to declare it lost to UNIVERSKIN, by email to the address following: email@example.com.
If the User has declared his package lost within the above-mentioned period, UNIVERSKIN will arrange to open a claim file with the carrier. In this context, it can ask the User for the documents necessary to compile this file. UNIVERSKIN customer service will keep the User informed of the steps taken.
The response can be of two types: either the package is found and it is then returned to the User according to the normal procedure, or the package is declared lost by the carrier and UNIVERSKIN informs the User and proceeds to reimbursement (amount invoiced) or makes a second shipment at the User's choice.
Upon delivery of the Products, the User agrees to sign the delivery slip which will be given to him by the transporter.
The User must indicate, upon receipt of the Products, in writing on the delivery slip that he will sign, any refusal to receive the Products or reservations relating to losses, damage, missing products, apparent defects or non-conformity of the Products delivered. The User's lack of written reservation on the delivery slip covers any apparent defect and / or missing product and, consequently, recourse against the carrier, if the reservation is not addressed in a documented and justified manner to UNIVERSKIN by letter recommended with request for acknowledgment of receipt within three (3) calendar days of receipt.
In the event of an apparent defect, missing product, non-conformity or non-apparent defect, duly noted by UNIVERSKIN, it will, at the choice of the User, either replace or reimburse the price of the Products, based on the invoiced price, excluding any other compensation.
If the Products need to be returned to UNIVERSKIN, the User will use the return slip which will be sent to him by UNIVERSKIN in the email confirming his refusal to receive the Products and / or the defects or non-conformities noted by the User . This email will also include the recovery conditions that the User agrees to comply with, the method of compensation chosen by UNIVERSKIN (replacement, refund or credit) as well as the return address of the Products. The return of Products can only be accepted for Products that have not been unsealed, in their original condition (packaging, accessories, instructions, etc.). The means of transport and return costs are the responsibility of UNIVERSKIN. The User acknowledges and accepts that UNIVERSKIN may refuse to reimburse the User for the price of the Products returned if the Products are returned damaged (other damage than a defect noted by the User at the origin of the return), open, and / or expired, thus preventing them from being put back in stock.
RIGHT OF WITHDRAWAL
7.1. No right of withdrawal for Personalized Products
The User does not have a right of withdrawal in the event of an Order for Personalized Products.
7.2. Right of withdrawal for Common Products
The User has a right of withdrawal for the Common Products which he can exercise under the following conditions:
— The period for exercising the right of withdrawal is fourteen (14) calendar days from the date of the Order.
— The right of withdrawal cannot be exercised if the Common Products delivered have been unsealed by the User after delivery and cannot be returned for reasons of hygiene or health protection.
— To exercise the right of withdrawal, the User must notify his decision to withdraw by means of an unambiguous declaration sent by email to the shipping address of the following Order confirmation email: firstname.lastname@example.org or by post to the address indicated at the top of this document. To do this, the User can use the model withdrawal form as reproduced in the Appendix to the Terms of Sales.
In the event of exercise of the right of withdrawal, UNIVERSKIN will reimburse the User for all payments it has received from the User for an Order of Common Products, without undue delay and, in any event, no later than fourteen (14) days from the date of receipt of the withdrawal decision. UNIVERSKIN will reimburse using the same means of payment as that which the User used for the initial transaction unless the User expressly agrees to another means. This reimbursement will not incur any costs for the User.
The User acknowledges and accepts that all rights, titles and interests relating to the Products, the Platform and its contents, names, logos and other distinctive signs of the Products and of UNIVERSKIN, are protected by intellectual property rights (in this including all copyrights, rights on patents, trademarks, designs and models, databases, domain names and any other existing or future intellectual property rights, French and international) and belong exclusively to UNIVERSKIN or to third parties having authorized UNIVERSKIN to use them.
The Terms of Sales do not give the User any right, title or interest in the Platform, Products, names, logos and other distinctive signs of the Products and UNIVERSKIN.
PROTECTION OF PERSONAL DATA
The Products sold on the Platform benefit from the legal guarantee of conformity and the guarantee against hidden defects as they exist in French law in accordance with the legal provisions in force and in particular with those specified in Appendix 2 of these Terms of Sales. Claims under guarantees must be sent to UNIVERSKIN by e-mail, at the following address: email@example.com.
In addition, Personalized Products have a commercial guarantee granted by UNIVERKSIN, as part of a « Satisfaction Guarantee » program that has been implemented on the Platform. This program allows the dissatisfied User to obtain the free replacement of his Product.
To activate the commercial guarantee, the User must comply with the following conditions:
(I) Situations giving rise to the warranty:
• absence of results after at least four (4) months of application and in a maximum of two (2) weeks after the end of use of the Personalized Product, in strict compliance with the directions of use indicated by UNIVERKSIN.
(II) Activation of the guarantee:
• At his choice, the User is invited to click on the link provided for this purpose in the Order validation email sent to him by UNIVERKSIN when placing his Order or to contact his professional so that he activates the guarantee with UNIVERSKIN;
•An email will be sent to the User by UNIVERSKIN, as soon as possible, containing an information form to be filled in at https://satisfactionguaranteed.skinxs.com and recalling the conditions of the claim specified in point (iii) below.
(III) Conditions of complaint:
• provide a photograph with proof of date before application and at the end of the protocol for the area of application of the Personalized Product;
• identify the other products applied and / or used at the same time as the Personalized Product;
• return the Personalized Product to the address indicated at the top of this document;
• carry out a new skin analysis (filling in the questionnaire provided for this purpose on the Platform).
UNIVERSKIN does not grant any other express or implicit guarantee, including this, without this list being limiting, as for the adaptation and / or the conformity of any of the Common Products for a particular use or the needs of the User. Likewise, the warranty does not apply in the event of deterioration or accident resulting from negligence, lack of supervision or maintenance or from a transformation of the Product (Personalized Product and / or Common Product) carried out by the user.
By express agreement, UNIVERSKIN is subject to an obligation of means in the supply of the Products to the User. The User expressly acknowledges having received from UNIVERSKIN all the necessary information, allowing him to assess the suitability of the Products for his needs and to take all the precautions necessary for their use.
The Products are described and presented on the Platform with the greatest accuracy. If despite all these precautions, errors may have occurred on the Platform, UNIVERSKIN responsibility could in no case be engaged on this fact.
UNIVERSKIN cannot be held liable under any circumstances :
— In case of delay or inability to deliver the Order, due to incorrect or incomplete information in the entry by the User of information concerning him on his Account ;
— In case of User error in his validated Order ;
— In case of fault or failure of the User in the handling, conservation or consumption of the Products after their delivery and in particular.
The User expressly acknowledges that the use of the Products is under his sole responsibility. No advice and no information, whether oral or written, obtained by the User is likely to create guarantees not expressly provided for by the Terms of Sales, or to incur the liability of UNIVERSKIN in the event of damage of any kind whatsoever caused to the User or to third parties due to the misuse by the User of the Products, in violation of the conditions of use of the Products and more generally of non-compliance with the Terms of Sales.
The responsibility of UNIVERSKIN cannot be engaged in the event of non-performance of any of its obligations which would be due to the occurrence of a case of force majeure comprising the following characteristics: unpredictable, irresistible and external to the Contract, which escapes control of UNIVERSKIN and prevents normal performance of the Contract. Force majeure suspends the execution of the obligations arising from the Terms of Sales for the entire duration of their existence. However, if the force majeure cases lasted for more than fifteen (15) working days, they would open the right to cancellation of the part of the Order affected by the force majeure case by the User.
13.1. The Terms of Sales constitute the entire agreement of the parties relating to its object and cancel and replace any agreement, previous or current, oral or written, between the parties, relating to this object.
13.2. The Terms of Sales are concluded intuitu personae. The rights and obligations resulting therefrom may in no case be assigned or transferred by the User, in any capacity whatsoever, without the prior written consent of UNIVERSKIN.
13.3. In the event that one or more provisions of the Terms of Sales are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent court which has become final, cannot in any case affect the validity and compliance with the other terms of the Terms of Sales.
13.4. The failure for either of the parties to avail themselves, at any given time, of any of the provisions of the Terms of Sales, cannot be interpreted in the future as a waiver of the rights it holds hereof.
13.5. The archiving of communications, Orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy. Unless proven otherwise, the data recorded by UNIVERSKIN constitutes proof of all transactions.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
The Terms of Sales are subject to French law.
The Parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation or execution of the Terms of Sales. In the event of persistent disagreement, the dispute will be brought to the attention of the competent courts.
Notwithstanding the foregoing, the User domiciled in French territory shall in any event, in accordance with Articles L. 612-1 et seq. Of the French Consumer Code, have the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and UNIVERSKIN. To do this, they can contact: MEDICYS Mediation and Cyber-Services Center. The referral to the mediator must be made within the maximum period of one (1) year from the date of the written complaint sent by registered mail with request for acknowledgment of receipt to UNIVERSKIN. The entry is made by simple mail at the following address: MEDICYS - 73, Boulevard de Clichy 75009 Paris or directly on the mediator's website, at the following address https://www.cnpm-mediation-consommation.eu/.
For any request relating to a current Order or the Terms of Sales, the User is invited to contact UNIVERSKIN by email at the following address: firstname.lastname@example.org or by mail, at the address indicated at the top of the Terms of Sales, by taking take care to specify in the “object” section the date and the number of the Order in question.
MODEL WITHDRAWAL FORM
To the attention of UNIVERSKIN, by letter to the following address: 400 Avenue Roumanille - 06410 BIOT - France, or by email to the following address: email@example.com.
I (last name, first name) _________________________________________________ undersigned,
Notify my withdrawal from the contract for the following order :
— Order number : _______________________
— Date of the order : __________________
— Delivery date : ______________________ (if applicable)
Signature (only if this form is notified on paper) :
PROVISIONS RELATING TO THE GUARANTEE OF CONFORMITY AND THE GUARANTEE AGAINST HIDDEN DEFECTS
Article L. 217-4 of the French Consumer Code:
« The seller delivers goods that comply with the contract and is liable for any lack of conformity existing when they are delivered.
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 French 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 statements made by the seller, by the producer or by its 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 knowledge of the seller and which the latter has accepted. »
Article L. 217-12 of the French Consumer Code:
« The action resulting from the lack of conformity lapses two years after delivery of the goods. »
Article 1641 of the French Civil Code:
« The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them. »
Article 1648 paragraph 1 of the French Civil Code:
« The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »