These general terms and conditions of sale are intended to define the terms and conditions applicable to the online sale of products offered on the website available at the following address https://universkin.com , published by the company UNIVERSKIN, a simplified joint-stock company, located at 400 Avenue Roumanille - 06410 BIOT - France, registered with the Trade and Companies Register of Antibes under number 492 961 347, or any affiliated company of UNIVERSKIN operating in the country of residence of the User (hereinafter " UNIVERSKIN ").

ARTICLE 1.

DEFINITIONS

In these General Terms and Conditions of Sale, terms and expressions identified by an initial capital letter have the meaning indicated below, whether used in the singular or plural.

1.1  Subscription : refers to the Order of Products delivered and paid for on a recurring basis at the frequency selected by the User from the choices offered on the Site.

1.2  Order: refers to any order for Products placed by the User on the Site;

1.3  Account: refers to the user account created by the User on the Site which allows access to the Service, as well as to image analysis and Order histories;

1.4. Product: refers to the cosmetic products available for sale on the Site, as detailed in Article 3 below;

1.5. Service : refers to the service for analyzing images of the User's face via the use of UNIVERSKIN's tool integrating an artificial intelligence system developed by it;

1.6. Site: refers to the website published by UNIVERSKIN, accessible from the address https://universkin.com , allowing the Service to be carried out and Products to be ordered;

1.7. User: refers to any natural person of legal age and capacity, having the status of consumer within the meaning given by law and jurisprudence, who uses the Service and/or orders Products on the Site, regardless of their location and the means of their connection.

ARTICLE 2.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions of Sale apply to all use of the Service by Users and to all Orders placed by a User on the Site. The General Terms and Conditions of Sale constitute a contract between UNIVERSKIN and the User.

All orders are subject to the express and unreserved acceptance of the General Terms and Conditions of Sale by the User, who must check the box provided for this purpose. By validating an order, the User acknowledges having read and fully understood the General Terms and Conditions of Sale and agrees to abide by their content.

UNIVERSKIN reserves the right to modify these General Terms and Conditions of Sale at any time and without prior notice. In the event of modification, the General Terms and Conditions of Sale applicable to the User are those in effect on the date of the Order.

The General Terms and Conditions of Sale are directly accessible on the Site by clicking on the "General Terms and Conditions of Sale" link present on all pages of the Site.

ARTICLE 3. SERVICES AND PRODUCTS OFFERED ON THE SITE

UNIVERSKIN offers the following on the Site:

— The User's face image analysis service, it being specified that the results of the analysis are purely cosmetic and do not constitute a medical diagnosis;

— based on the results of the Service, products specially prepared for the User from a unique dermatological formulation (hereinafter the “ Personalized Products ”);

— cosmetics with a common formulation, marketed by UNIVERSKIN on the Site (hereinafter the “ Common Products ”).

Personalized Products are made available to the User on the Site only if the User uses the Service.

A detailed description of each Product as well as its unit price including all taxes is presented on the Site.

ARTICLE 4.

ORDER

4.1. Creating an account

Placing an Order requires the User to create an Account on the Site, according to the terms described in the General Terms of Use of UNIVERSKIN (accessible at the following address : universkin.com/fr/pages/terms ) .

The User accepts the use of the email address provided when creating the Account for the transmission of information requested concerning the placement of Orders and/or the execution of the General Terms and Conditions of Sale.

The Account can be deleted by the User by following the procedure detailed on the Site in their customer area.

4.2. Product Selection and Order Summary

The User can select the Products of their choice from the list of Products offered on the Site by clicking on the corresponding tab. This first click initiates the Order for the selected Products.

The shopping cart summarizes all the selected products, their quantity, and the total price including VAT for each product and the order. The user is invited to review their entire shopping cart, modify, and/or remove the quantity of selected products.

4.3. Choice of purchase option

The User has the option to order the Product as a " One-time Purchase " (a standard purchase requiring payment for an Order) or as a Subscription (" Subscribe and save "). The Subscription is non-binding and can be cancelled at any time by the User, directly via their customer account on the Site or by email to the following address: info@universkin.com .

4.4. Delivery and Billing Address

The Products are delivered to the customer's home, under the conditions set out in Article 6 below.

The User is asked to provide a delivery address for the Products. Similarly, the User is asked to enter a billing address or, if it is the same as 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.

4.5. Payment

In this final step, the User is asked to enter their bank details to complete the payment. Payment terms are detailed in Article 5 below.

The User can check the number of Products ordered and their total price via their shopping cart. Similarly, the User can return to each step of the ordering process and, if necessary, modify or correct the entered data by clicking on the "Back" button provided for this purpose.

Once the checks have been completed, the User is invited to carefully read the General Terms and Conditions of Sale by clicking on the corresponding hyperlink. By clicking on "Pay", the User expressly acknowledges and declares having read the General Terms and Conditions of Sale and fully accepts all of their provisions, without restriction or reservation.

By clicking the "Pay" button, the User confirms the Order (second click). The Order is then considered firm and final.

An email acknowledging receipt of the order and payment will be sent to the user at the email address provided when creating their account as soon as possible. This email will include the order number and a summary of the order. This email will serve as confirmation of the order.

Any modification to the Order after its validation is subject to acceptance by UNIVERSKIN.

ARTICLE 5.

FINANCIAL CONDITIONS

5.1. Price

The prices of the Products displayed on the Site are indicated in the currency of the User's country of residence. The prices shown include order processing fees. The User is expressly informed beforehand on the Order page that, depending on their country of residence, the prices displayed may be inclusive of all taxes or exclusive of taxes and fees – VAT and any customs duties payable by the User on the day of delivery.

Delivery charges may apply depending on the amount of the order placed by the user and the delivery country. The delivery charges will be communicated to the user when selecting the delivery method before final order confirmation.

The total amount due for the Order is indicated on the Order confirmation page. The price of the Products is that in effect on the day the Order is placed. UNIVERSKIN reserves the right to modify its prices at any time, while guaranteeing the User that the price of the Product in effect on the day the Order is placed will be applied.

The price is due in full on the date of the Order, upon validation thereof, and, in the case of a Subscription, due again at each due date according to the frequency selected by the User.

5.2. Payment terms

The User can pay for the Order using the payment service of PayPal Inc. or Shop Pay (developed and published by Shopify International Limited). The information entered by the User is encrypted. It is collected and processed solely by the payment service provider, in compliance with applicable data protection and banking regulations. Payment will be made in accordance with the payment service provider's terms and conditions, available on their website: paypal.com or shopify.com.

No banking data will be collected or stored by UNIVERSKIN.

Invoices will be issued upon delivery of the Products; they are sent to the User in the Order confirmation email.

The guarantees given by UNIVERSKIN for the security of transactions are identical to those obtained by UNIVERSKIN from the publisher of said payment system.

UNIVERSKIN cannot under any circumstances be held responsible for any technical difficulties that the User may encounter during payments.

The order will only be processed after approval by the bank payment center. If the bank approves the order, the user's bank account will be debited immediately. If the order is refused, it will be canceled. UNIVERSKIN reserves the right to cancel any order due to a payment issue, without any right, compensation, or recourse available to the user.

Any claim by the User shall in no case have the effect of delaying 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, including principal and interest.

ARTICLE 6.

DELIVERY

6.1. Delivery conditions

The Products available on the Site can be delivered throughout the territory of the European Union.

UNIVERSKIN may, at its discretion, make successive partial deliveries.

Notwithstanding the retention of title clause stipulated in Article 5.3 above, delivery is deemed to have been made DAP (Delivered On Acceptance), at the delivery location indicated by the User. UNIVERSKIN bears the risk of loss or destruction of the Products until they are received by the User at the agreed delivery location. Unloading the Products is the sole responsibility of the User.

The information provided during the ordering process is binding on the User. UNIVERSKIN cannot be held responsible for any errors in the information provided that prevent delivery of the order. Any package returned to UNIVERSKIN due to an incorrect or incomplete delivery address will be reshipped at the User's expense.

UNIVERSKIN is released from its delivery obligation in the event of force majeure that prevents or renders impossible the execution of the order. In the event of such an occurrence or any other event beyond its control, the User will be notified by any means and the execution of the Order will be postponed. If the force majeure event were to last more than fifteen (15) business days, Article 12 below will apply.

6.2. Delivery time

Delivery times are specified when the order is placed. They are provided for informational purposes only. Delivery times begin from the order registration date indicated on the order confirmation email, subject to receipt of the order. UNIVERSKIN undertakes to make its best efforts to meet the order delivery deadlines, without being held liable for any delays or giving rise to any right to compensation or recourse for the User. In the event of a foreseeable delivery delay, UNIVERSKIN will inform the User by email of the expected delays.

6.3. Failure or delay in delivery

It is possible that a package may not arrive within the time frame indicated by the carrier.

The User has a maximum 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 following address: info@universkin.com .

If the User reports their package lost within the aforementioned timeframe, UNIVERSKIN will initiate a claim with the carrier. In this context, UNIVERSKIN may request the necessary documents from the User to complete the claim. 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 with the refund (amount invoiced) or makes a second shipment at the User's choice.

6.4. Reception

Upon delivery of the Products, the User agrees to sign the delivery note that will be given to him by the carrier.

Upon receipt of the Products, the User must indicate in writing on the delivery note, which they will sign, any refusal to accept the Products or any reservations relating to loss, damage, missing products, apparent defects, or non-conformity of the delivered Products. The absence of a written reservation by the User on the delivery note covers any apparent defect and/or missing product and, consequently, any recourse against the carrier, unless the reservation is submitted in a documented and substantiated manner to UNIVERSKIN by registered letter with 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, the latter will, at the User's choice, either replace or refund the price of the Products, based on the invoiced price, to the exclusion of any other compensation.

If Products must be returned to UNIVERSKIN, the User will use the return slip sent by UNIVERSKIN in the email confirming its refusal to accept the Products and/or the defects or non-conformities noted by the User. This email will also include the return conditions that the User agrees to respect, the compensation method chosen by UNIVERSKIN (replacement, refund, or credit note), and the return address. Products will only be accepted for return if they are unopened and in their original condition (packaging, accessories, instructions, etc.). Return shipping costs are borne by UNIVERSKIN. The User acknowledges and accepts that UNIVERSKIN may refuse to refund the User the price of returned Products if the Products are returned damaged (other than damage caused by a defect noted by the User that prompted the return), opened, and/or expired, thus preventing their restocking.

ARTICLE 7.

RIGHT OF WITHDRAWAL

7.1. No right of withdrawal for Personalized Products

The User does not have a right of withdrawal in the case of an Order for Personalized Products.

7.2. Right of withdrawal for Common Products

The User has a right of withdrawal for Common Products which he/she may 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 their decision to withdraw by means of an unambiguous statement sent by email to the following address from which the Order confirmation email was sent: info@universkin.com or by mail to the address indicated at the top of this document. The User may use the model withdrawal form reproduced in the Appendix to the General Terms and Conditions of Sale.

If the right of withdrawal is exercised, UNIVERSKIN will reimburse the User for all payments received from the User for a Common Products Order, without undue delay and, in any event, no later than fourteen (14) days from the date of receipt of the withdrawal notice. UNIVERSKIN will reimburse the User using the same payment method the User used for the initial transaction unless the User expressly agrees to another method. This reimbursement will not incur any fees for the User.

ARTICLE 8.

INTELLECTUAL PROPERTY

The User acknowledges and accepts that all rights, titles and interests relating to the Products, the Site and its contents, names, logos and other distinctive signs of the Products and of UNIVERSKIN, are protected by intellectual property rights (including all copyrights, patent rights, trademarks, designs and models, databases, domain names and all other existing or future intellectual property rights, French and international) and belong exclusively to UNIVERSKIN or to third parties who have authorized UNIVERSKIN to use them.

The General Terms and Conditions of Sale do not confer on the User any right, title or interest in the Site, the Products, the names, logos and other distinctive signs of the Products and of UNIVERSKIN.

ARTICLE 9.

PROTECTION OF PERSONAL DATA

UNIVERSKIN is committed to protecting the User's personal data and undertakes to protect it in accordance with applicable regulations, including Regulation (EU) 2016/679 of 27 April 2016, known as the "General Data Protection Regulation" or "GDPR," and French Law No. 78-17 of 6 January 1978, as amended, known as the "Data Protection Act." For more information on personal data protection rules, the User is invited to consult UNIVERSKIN's Privacy Policy, available at the following address : universkin.com/pages/privacy-policy .

ARTICLE 10.

GUARANTEES

The Products sold on the Site are covered by the legal guarantee of conformity and the guarantee against hidden defects as they exist under French law, in accordance with applicable legal provisions and in particular those specified in Appendix 2 of these General Terms and Conditions of Sale. Claims under these guarantees must be sent to UNIVERSKIN by email to the following address: info@universkin.com .

UNIVERSKIN makes no other express or implied warranties, including but not limited to this one, regarding the suitability and/or conformity of any of the Common Products for a particular purpose or to the User's needs. Likewise, the warranty does not apply in the event of damage or accident resulting from negligence, lack of supervision or maintenance, or any alteration of the Product (Customized Product and/or Common Product) by the user.

ARTICLE 11. RESPONSIBILITIES

By express agreement, UNIVERSKIN is bound by an obligation of means in providing the Products to the User. The User expressly acknowledges having received from UNIVERSKIN all the necessary information enabling them to assess the suitability of the Products for their needs and to take all necessary precautions for their use.

It is expressly stated that neither the Service nor the Products constitute treatment, diagnosis, or a medical device, and cannot replace medical advice or follow-up, which the User expressly acknowledges. The User agrees not to hold UNIVERSKIN liable on these grounds.

The Products are described and presented on the Site with the greatest possible accuracy. If, despite all these precautions, errors have occurred on the Site, UNIVERSKIN cannot be held liable in any way.

UNIVERSKIN cannot be held liable under any circumstances:

— In the event of a delay or inability to deliver the Order, due to incorrect or incomplete information provided by the User when entering information about himself on his Account;

— In case of an error by the User in their validated Order;

— In the event of fault or failure by the User in the handling, storage or consumption of the Products after their delivery and in particular.

The User expressly acknowledges that the use of the Products is their sole responsibility. No advice or information, whether oral or written, obtained by the User shall create any guarantees not expressly provided for in the General Terms and Conditions of Sale, nor shall it render UNIVERSKIN liable for any damage of any kind caused to the User or to third parties as a result of the User's misuse of the Products, in violation of the Products' terms of use and, more generally, of the General Terms and Conditions of Sale.

ARTICLE 12.

FORCE MAJEURE

UNIVERSKIN shall not be held liable for any failure to perform any of its obligations due to a force majeure event, defined as follows: unforeseeable, irresistible, and external to the Contract, beyond UNIVERSKIN's control, and preventing the normal performance of the Contract. Force majeure shall suspend the performance of obligations arising from these General Terms and Conditions of Sale for the entire duration of the event. However, if the force majeure event lasts for more than fifteen (15) business days, the User shall have the right to cancel the portion of the Order affected by the force majeure event.

ARTICLE 13.

MISCELLANEOUS PROVISIONS

13.1. The General Terms and Conditions of Sale constitute the entire agreement between the parties relating to its subject matter and supersede and replace any prior or current agreement, oral or written, between the parties relating to that subject matter.

13.2. The General Terms and Conditions of Sale are concluded intuitu personae. The rights and obligations arising therefrom may not under any circumstances be assigned or transferred by the User, for any reason whatsoever, without the prior written consent of UNIVERSKIN.

13.3. In the event that one or more provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, this shall in no case affect the validity and enforcement of the other terms of the General Terms and Conditions of Sale.

13.4. The failure of either party to enforce any provision of these General Terms and Conditions of Sale at any time shall not be construed as a waiver of its rights under these Terms and Conditions.

13.5. Communications, orders, and invoices are archived on a reliable and durable medium to create a faithful and lasting copy. Unless proven otherwise, the data recorded by UNIVERSKIN constitutes proof of all transactions.

ARTICLE 14.

APPLICABLE LAW AND DISPUTE RESOLUTION

The General Terms and Conditions of Sale are subject to French law.

The Parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation, or performance of these General Terms and Conditions of Sale. In the event of a persistent disagreement, the dispute will be brought before the competent courts.

Notwithstanding the foregoing, Users residing in France shall, in any event, in accordance with Articles L. 612-1 et seq. of the French Consumer Code, have the right to use a consumer mediator free of charge for the amicable resolution of any dispute with UNIVERSKIN. To do so, they may contact: MEDICYS Centre de Médiation et de Cyber-Services. The mediator must be contacted within a maximum period of one (1) year from the date of the written complaint sent by registered mail with return receipt requested to UNIVERSKIN. Registration is done by mail to 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/ .

ARTICLE 15.

CONTACT

For any request relating to a current Order or the General Terms and Conditions of Sale, the User is invited to contact UNIVERSKIN by email at the following address: info@universkin.com or by mail, to the address indicated at the beginning of the General Terms and Conditions of Sale, taking care to specify in the "subject" section the date and number of the Order concerned.

APPENDIX 1.

MODEL WITHDRAWAL FORM

To UNIVERSKIN, by mail to the following address: 400 Avenue Roumanille - 06410 BIOT - France, or by email to the following address: info@universkin.com .


I (name, surname) _________________________________________________, the undersigned,


hereby notify you of my withdrawal from the contract for the following order:

- Order number: _______________________

— Order date: __________________

— Delivery date: ______________________ (if applicable)


Signature (only if this form is submitted on paper):


Date:

APPENDIX 2.

PROVISIONS RELATING TO THE GUARANTEE OF CONFORMITY AND THE GUARANTEE AGAINST HIDDEN DEFECTS

Article L. 217-4 of the Consumer Code:

"The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery."

He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was his responsibility under the contract or was carried out under his supervision.

Article L. 217-5 of the Consumer Code:

"The property conforms to the contract:"

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

— 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;

— if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the latter.

Article L. 217-12 of the Consumer Code:

"The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods."

Article 1641 of the French Civil Code:

"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

Article 1648, paragraph 1 of the Civil Code:

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