General Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE FOR THE CLEOGENE.COM WEBSITE

Please read carefully these General Terms and Conditions of Sale and General Terms and Conditions of Use of the Cleogeneparis.com website.

PREAMBLE

These General Terms and Conditions apply between Cléogène Paris (hereinafter "the Company") and any person using the services of the website www.Cléogène-Paris.com (hereinafter a User), whether or not they purchase products offered for sale on said website (hereinafter "the Website"). For the purposes of these General Terms and Conditions, the User and the Company are referred to as a "Party" or collectively as the "Parties".

ARTICLE 1: PURPOSE

These General Terms and Conditions (hereinafter "GTC") are intended, firstly, to inform any potential User of the terms and conditions under which the Company sells and delivers the products ordered and, secondly, to define the rights and obligations of the Parties in the context of the sale of products by the Company to the consumer (hereinafter "the User"). They apply, without restriction or reservation, to all sales of products offered by the Company on its Website.

Consequently, by connecting to the Site, the User fully and completely accepts the Terms and Conditions, which the User acknowledges having read, especially before placing an order.

The Company reserves the right to modify these Terms and Conditions at any time. However, the Terms and Conditions applicable to an order are those accepted by the User at the time the order is placed.

ARTICLE 2: IDENTITY OF THE SELLER

These general terms and conditions of sale apply to the sales defined below and carried out by the company CLEOGENE PARIS, a simplified joint-stock company with a share capital of €1,000, whose registered office is located at 49 avenue de Iéna – 75116 Paris - France, registered with the Paris trade and companies register under number 980 726 350. Its Siret number is 980 726 350 00013 and its intra-community VAT number is FR88 980 726 350.

ARTICLE 3: FORMATION OF THE CONTRACT AND ORDERS

3.1. Tariffs, taxes, customs duties

The prices of products sold online on the Company's website, indicated in euros, are those in effect at the time the User places the Order. The Company may change product prices at any time. Users will be notified of any such change before placing an Order. These prices apply to distance selling.

These prices do not include shipping costs, which are charged in addition to the price of the products purchased, unless covered by the Company above a certain amount, which will be indicated on the Website prior to the order. Shipping costs will be displayed before the User confirms the Order. The various shipping methods may be modified at any time by the Company.


Prices include value-added tax (VAT) applicable on the date of the order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by the Company on the Website.

Any order placed on the Site and delivered outside of mainland France may be subject to potential taxes and customs duties levied upon arrival at its destination. These customs duties and potential taxes related to the delivery of an item are the sole responsibility of the User. The Company is not obligated to verify or inform Users of any locally applicable customs duties and taxes. It is the User's responsibility to inquire with the relevant authorities in the country of delivery.

With few exceptions, any order placed before 9am (Paris time) will be shipped the same day.

3.2. Product Characteristics

The User may select one or more products from the various categories offered on the Site. The Company may modify the range of products offered for sale on the Site at any time, particularly due to constraints related to its supply and collection management, without prejudice to Orders placed by the User.

In accordance with Article L. 111-1 of the Consumer Code, the User may, prior to placing his Order, review on the Site the essential characteristics of the product(s) he/she wishes to order.


The products comply with current French legislation. The Company cannot be held liable for non-compliance with the legislation of the country in which the product will be delivered. It is the User's responsibility to check with the local authorities of the country of delivery regarding the import or use of the products and services they intend to order.


The Company cannot guarantee that the information printed on product packaging is translated into all languages ​​of the European Union. However, this information is available at least in French.


For any questions relating to the products and their use, any further questions or requests for advice, the User can contact Customer Service by email at contact@cleogeneparis.com or by phone at 06 35 25 28 00 (cost of a local call from France), or at +336 35 25 28 00 from abroad, during the opening hours of the service indicated in the Contact Us section of the Site or at info@cleogeneparis.com .


3.3 Availability

The offers presented by the Company are valid as long as they are advertised on the Website and while stocks last. In any event, and in the event of total or partial unavailability of products after an Order has been placed, the User will be informed by email as soon as possible of the product's unavailability and the total or partial cancellation of their Order.


In the event of total cancellation of the Order, the User's bank account will not be debited; in the event of partial cancellation, the User will be delivered the available products and, in accordance with the provisions of Article L 121-20-3 of the Consumer Code, the User will be refunded the price of the ordered product that is not available as soon as possible.

 

3.4. Order

All orders constitute acceptance of the General Terms and Conditions and Legal Notices available on the Website, without prejudice to any specific conditions agreed upon between the Parties. The User has the opportunity to review the details of their draft order and correct any errors before validation.


From the moment the User confirms his order by clicking on the "Validate your payment" icon, he is considered to have knowingly accepted the content and conditions of the Order in question and in particular the General Terms and Conditions, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the User.


Once this step is validated, the User will no longer be able to cancel their Order. Upon receipt of the Order, they may exercise their right of withdrawal under the conditions set out in Article 6 of the General Terms and Conditions.


The sale will be final at the time the User places the Order. This Order will be confirmed by the Company by sending an email to the User (the "Order Confirmation Email").

 

In addition, the Company reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and stage of execution, in the event of non-payment or partial payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders.


A second email will be sent to the User when their Order is shipped.

The Company recommends that the User keep these two emails in printed or electronic format. The User is informed that both emails will be sent to the email address entered by the User during registration, prior to placing the Order.

 

Therefore, in the event of an error in entering the relevant email address, or non-receipt of the order confirmation email, the Company cannot be held liable. In this case, the sale will be considered final, except in cases where the Company cancels the order, particularly due to product unavailability. The User may nevertheless exercise their right of withdrawal under the conditions set forth in Article 6 of the General Terms and Conditions.


ARTICLE 4 - PAYMENT

 4.1. Payment methods

The User warrants to the Company that they have the necessary authorizations to use the payment method they have chosen for their Order. The payment methods accepted on the Company's Website are as follows:


STRIPE, PAYPAL, PAYPAL 4X, KLARNA 4X

SHOP PAY, APPLE PAY, AMERICAN EXPRESS, MASTERCARD, VISA


All orders are payable in euros, including all taxes and mandatory contributions. Any bank charges remain the responsibility of the user (including in the case of a refund).

Penalties equal to the legal interest rate may, at the Company's discretion, be automatically applied to unpaid amounts after a period of ten days following the date of the Order or upon notification of the bank payment rejection.


In addition, the Company reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and stage of execution, in the event of non-payment or partial payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Company's Website, including in connection with previous Orders.

 

4.2. Security in payment transactions

To ensure the security of payment by bank card, the User must provide the Company with the visual cryptogram (CVV) appearing on the back of the bank card used by the User.


Furthermore, the Company reserves the right to request a photocopy of the User's identity card and/or, where applicable, their bank card (front only) for any payment made by bank card and/or any information relating to the User's identity. The User has the right to access, rectify, and delete their personal data processed by the Company, under the conditions set out in Article 2.3 of the General Terms and Conditions.


As part of the fight against Internet fraud, information relating to the User's Order may be transmitted to any third party authorized by law or designated by the Company for the sole purpose of verifying the identity of the User, the validity of the Order, the method of payment used and the planned delivery.

 

ARTICLE 5 - DELIVERY

 5.1. General Rules

Products ordered by the User in accordance with the Terms and Conditions will be delivered to the address indicated by the User as the delivery address on the relevant Order (“Delivery Address”).


Orders can be delivered to all countries served by the delivery companies listed in Article 5.2 below. Purchase invoices are sent by email to the email address provided by the User when registering on the Site.

 

5.2. Characteristics of delivery methods

5.2.1. Delivery methods

  • Chronopost express delivery

  • Colissimo with signature required

  • Colissimo Pick Up

  • DHL for business customers


The general terms and conditions of these carriers will be binding on Users.


5.3. Exchanges

Users wishing to exchange their purchase for personal reasons must return it, at their own expense, to Cléogène Paris, 807, avenue Maurice Dauvergne, 77350 Le-Mée-sur-Seine. The replacement product will also be shipped at the user's expense.

For logistical reasons, no exchanges will be accepted from or to a country outside the European Union.


5.4. Procedure that must be followed in case of missing or damaged product

The User or the recipient of the Order must report the absence or damage of the product to the Company's Customer Service.

- by email using the form provided in the Contact Us section or at sav@cleogeneparis.com,

- by telephone at 06 35 25 28 00 (cost of a local call from France), or at +336 35 25 28 00 from abroad,


The Company's Customer Service may request any information relating to the identity of the User or the recipient of the Order and carry out any necessary verification. Returned products will only be accepted if they are undamaged and in their original packaging.


The products must be accompanied by the Order number and the delivery slip.

The Company will proceed with the refund, if applicable, within a maximum period of thirty (30) days from receipt of the returned product.


Customers who purchased a Cléogène Paris product from a retailer or in a store should contact the retailer or store where they made their purchase.

 

5.5. Delivery times

The delivery times are as follows:


  • Chronopost express delivery: 48 business hours

  • Colissimo with signature required: 2 to 5 business days

  • Colissimo Pick Up: 3 to 6 business days


Delivery times start from the moment the Order confirmation email is sent.

 

If these deadlines are exceeded by more than 7 working days and not due to force majeure, the User will have the option, within a maximum period of sixty working days from the date the maximum delivery time indicated for the products was exceeded, to cancel their Order:


- by email using the form provided in the Contact Us section or at sav@cleogeneparis.com,


- by telephone at 06 35 25 28 00 (cost of a local call from France), or at +336 35 25 28 00 from abroad,


Should this investigation, the results of which will be considered conclusive regarding the dispute, reveal fault attributable solely to the Company or the carrier, the Company will refund all sums paid by the User and received by the Company for the Order in question, provided that the entire Order is returned by the User to the Company. The refund will be issued as soon as possible and no later than fourteen days from the date on which the User exercised their right to cancel the Order.


Otherwise, if the Order is not returned in full or if the investigation does not reveal any fault exclusively attributable to the Company or the carrier, the User will not be entitled to a refund of the sums paid by him, nor to a new delivery of the products ordered, unless he demonstrates, by any means, that he is not responsible.


ARTICLE 6 - RIGHTS AND PERIODS OF WITHDRAWAL

6.1. Time limit for exercising the right of withdrawal

In accordance with Article L. 121-20 of the French Consumer Code, the User has a period of 14 (fourteen) clear days from the day of receipt of the package containing the ordered products, to exercise his legal right of withdrawal.

6.2. Consequences of exercising the right of withdrawal

Users exercising their right of withdrawal under the conditions set out in this article regarding the time and procedures for returning products may obtain a refund corresponding to the amount of the returned products.


6.3. Return costs

In accordance with Article L121-20 of the French Consumer Code, return costs will remain the responsibility of the User except in the event of non-conformity of the products delivered with the Order (in which case these return costs will be borne by the Company).


6.4. Procedures for exercising the right of withdrawal

The right of withdrawal is exercised by the User or by the recipient of the Order by returning the products concerned by post (mail/parcel, etc.) or by dropping them off at a Relay Point, using the label sent by the Company by email.


The User may only exercise their right of withdrawal if they have neither used nor even tried the products. Returned products will therefore only be accepted if they are undamaged and in their original packaging.


The products must be accompanied by the Order number and the delivery slip.

Returns of products sent back after the withdrawal period will not be accepted.


The User or the recipient of the Order who wishes to exercise their right of withdrawal by returning a product by mail/parcel must send the parcel or letter to the following address: Cléogène Paris, 807, avenue Maurice Dauvergne, 77350 Le-Mée-sur-Seine


The Company does not accept parcels or mail sent with postage due.

 

ARTICLE 7 - RETENTION OF TITLE

The Company retains full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.


ARTICLE 8 - INTELLECTUAL PROPERTY

The Cléogène Paris brand, as well as all figurative or non-figurative trademarks and all illustrations, images and logos and all content appearing on the Site (including but not limited to the CG) are and will remain the exclusive property of the Company or the holder of the relevant intellectual property rights.


Any reproduction, in whole or in part, modification, or use of these trademarks, illustrations, images, and logos, or any other content of the Site, for any reason and on any medium whatsoever, without the express, prior written consent of the Company or the holder of the relevant intellectual property rights, is strictly prohibited. The same applies to all copyrights, designs and models, and patents appearing and/or used on the Site.

 

ARTICLE 9 - SIGNATURE AND PROOF

The Company strives to protect its customers' personal information by ensuring a high level of security, but the User also has a role to play in protecting their personal data. In particular, the User must maintain the security of their online transactions, for example, by not sharing their login credentials (the User's email address) and/or password with anyone and by changing their password regularly. Therefore, the Company cannot be held responsible for the disclosure of the User's information to any individual who has used their login credentials (the User's email address) and/or password.


Therefore, the use of the User's login (email address) and/or password will serve as proof of their identity and will render the corresponding amounts due upon validation of the Order. The Company cannot under any circumstances be held liable for the fraudulent use of this information.


Providing the bank card number and final validation of the Order will constitute proof of acceptance of said Order and will render the sums committed by the selection of the products listed on the Order due and payable. The computerized records stored in the computer systems of the Company and its partners will be considered proof of communications, Orders, and payments made between the Parties.


ARTICLE 10 - LIABILITY

 10.1. Capacity

Before placing an order, the User declares that they have full legal capacity to enter into a contract under these Terms and Conditions. The Company is under no obligation to verify the legal capacity of its visitors and Users. Consequently, if a person lacking legal capacity orders items on the Site, their legal guardians (parents, tutors, etc.) will assume full responsibility for the order and must pay the price.

 

10.2. Limitation of Liability

The Company's liability under the obligations of the General Terms and Conditions cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if foreseeable, to the fault of the User, or to the occurrence of a force majeure event as defined by the French Civil Code and jurisprudence, including epidemics and pandemics, or to any other event which was not reasonably under the exclusive control of the Company.


The information accessible on the Site is provided "AS IS" without warranty of any kind, whether express or implied, including but not limited to warranties of accuracy, completeness, timeliness, non-infringement, availability, reliability, or suitability for the User's intended purpose. The Company shall not be held liable for any items sold on the Site, particularly in the event of non-compliance with their instructions for use. Furthermore, the Company shall not be liable for any damage caused to the User or any third party resulting from such non-compliant use.


The company disclaims all liability for any direct or indirect damages, whether foreseeable or not, arising from the use of the website. In the event that the company is found liable for any loss suffered by the buyer and attributable solely to the placement of an order, such liability shall be limited to the amount of the order paid by the buyer to the company.


Any claim filed by a User against the Company must be made within 6 months of the occurrence of the event that is the subject of the claim.


Hyperlinks may lead to websites other than this one. The Company disclaims all liability should the content of these websites violate applicable laws and regulations.

 

ARTICLE 11 - PERSONAL DATA

The Company collects personal data from the User and, where applicable, from the recipient of the Order. The User is informed that this automated processing of information, including the management of users' email addresses, has been declared to the CNIL (declaration no. [•] ).


Data encryption and backup

Our website is secured using the HTTPS protocol. This means that no data sent to our site passes through without being encrypted. Your personal information is then stored on a secure server.

We do not store your bank details on our website. To complete the payment, you are redirected to our bank's secure website. Your data is also encrypted on this site.

 

Data usage

The personal data you provide is used solely for the purpose of shipping your order. We may, however, contact you by email or telephone, but only regarding the delivery of your package. We do not record telephone conversations.


We will never share your personal data with third parties. However, by placing an order on our site, you agree that your information (name/address/phone/email) will be entered on the website of the carrier you have chosen in order to allow the shipment of your package.

 

Data deletion

At any time, you can request to erase all of your personal data by contacting us via our contact form or by telephone.

After 3 years without an order placed on our site, your data will be automatically deleted, and your subscription to our newsletter, if you were subscribed to it, will be interrupted.

                                                                              

In the event of the collection of personal data relating to a minor, the parental authority has the capacity to oppose its storage and/or transmission to third parties.

 

ARTICLE 12 - AMENDMENTS

The Company reserves the right to modify and update these Terms and Conditions without prior notice. To stay informed of any such modifications, the Company advises the User, and all users in general, to regularly review the Terms and Conditions and the Legal Notices of the Website. The Order will be subject to the Terms and Conditions in effect at the time the Order is placed.

           

ARTICLE 13 - GENERAL PROVISIONS

13.1. Partial Invalidity

If one or more provisions of the CG are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

 

13.2. Non-waiver

The failure of either Party to enforce any of the obligations set forth in these General Terms and Conditions against the other Party shall not be construed as a waiver of that obligation in the future.

 

13.3. Applicable Law and Jurisdiction

Sales of products by the Company are subject to French law regardless of the User's country of residence and the place where the Order is placed.


In the event of a dispute, the customer may contact a consumer mediator for an amicable resolution. The customer may send their request to the Consumer Mediation Centre of Justice Conciliators at the following address: CM2C - 14 rue Saint Jean 75017 Paris - or by email: contact@cm2c.net or directly online at the following address: www.cm2c.net.


For any information on the mediation procedure, the Client can consult the website http://www.cm2c.net or contact cm2c directly by telephone at +33 (0)1.89.47.00.14.

The Customer may use the European online dispute resolution platform:


http://ec.europa.eu/consumers/odr/.


ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE COMPANY AND THE BUYER, EVEN IN THE CASE OF MULTIPLE DEFENDANTS, SHALL, IN THE ABSENCE OF AN AMICABLE AGREEMENT, BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF PARIS IN APPLICATION OF THE RULES LAUNDERED BY THE FRENCH CODE OF CIVIL PROCEDURE.

 

13.4. Duration

These Terms and Conditions apply for the entire duration that the products offered by the Company are available online, until the expiry of the contractual and legal warranty periods. In any event, the "Liability" clause will survive the termination of these Terms and Conditions.