General conditions for online sales (intended for consumers)
Article 1 : Definitions
“Customer” means: any natural person, acting for private purposes that do not fall within the scope of his/her commercial, industrial, craft or liberal activity, who is at least 18 years old and has placed an order on the Website.
“Cosmetic Product” means: Any Product brought into contact with the epidermis, hair, hair, nails, lips, mouth, teeth, external sexual organs, with the aim of cleaning them (soap, shampoo, toothpaste, etc.); protecting them (sunscreen, etc.); keeping them in good condition (anti-wrinkle care, etc.); perfuming them or correcting their odour (perfume, deodorant, etc.); changing their appearance (make-up, hair colouring, etc.).
Article 2: Generalities
All orders are governed exclusively by the present General Terms and Conditions (GTC) and form an integral part of the resulting sale. These GTC also govern all relations between SKINFUSION and any person wishing to make a purchase of one or more products offered for sale on the present Website.
These Terms and Conditions shall be considered definitively accepted at the time of the order confirmation by the Customer. The application of all other General Terms and Conditions, including those of the Client, is ruled out, along with GTCs of other points of sale offering the same Products. Pursuant to the legal provisions on industrial property rights, all agreements of a technical nature etc. drawn up by SKINFUSION are and remain exclusive property. These cannot be copied or used for any other purpose. The fact that SKINFUSION does not rely on any of the clauses of the present General Terms and Conditions at any time, shall not be considered as a waiver by SKINFUSION to enforce any of these clauses at a later date.
Article 3: Conditions Of Access And Use Of The Website
The Website is accessible and free of charge to any User who has access to the Internet. The User is responsible for his own computer equipment as well as for his internet access. All costs regarding the access to the Website remain the responsibility of the User/Client. The User will only access his/her account after identification using his/her Login and Password. The Customer is solely responsible for the use of his/her account and Password.
SKINFUSION shall provide all means to ensure 24h/24, 7 days/7 access, but cannot be held liable for any problems or dysfunction of the Website that could impede access to the Website and/or the various services offered by SKINFUSION. SKINFUSION will make every effort to resolve any problems as soon as possible.
Article 4: Products And Price
The current offers on the Website are offered within the limits of the stocks available. The Products sold to consumers are of the “cosmetic” type. Products of the “medical” type are reserved for health professionals.
The quality of the Products is confirmed by SKINFUSION , who in any case does not take any responsibility in case of incorrect use of these Products by the Customer. The Client is requested to take note of the essential characteristics of the Product(s) he wishes to order before finalising the order. All prices are expressed in euros, inclusive of all taxes and exclusive of shipping costs, which will be charged in addition and will be specified to the Customer in advance when the order is finally validated. The prices of the Products may evolve according to SKINFUSION’s commercial policy.
In any event, the Products shall be charged based on the actual prices on the Website at the time of final validation of the order. The price of each order, including delivery costs, shall be payable in cash at the time of ordering. If this cannot be met, the delivery will not be made and the sale will be considered cancelled at the initiative of the Customer.
Article 5: Order And Withdrawal
The order process goes as follows:
- Choice of products and placement in shopping basket;
- Confirmation of contents in shopping basket;
- Identification on the Website if the Customer has not yet been identified;
- Choice of delivery method: The shipping and billing addresses first entered on the Website are stored as standard addresses in the address book of the Customer’s account. They may be modified or deleted at any time. However, change or deletion of addresses relating to orders that have been confirmed and in the process of being handled, will not be taken into account. It is also the Customer’s responsibility to provide a complete and correct delivery address. In case of non-compliance with this clause, the delivery cannot be accomplished and reshipment is not possible;
- Choice of payment method and acceptance of the GTC: In order to complete the order, the Customer must press the “Read the Conditions of Sale” button. The current GTC will be displayed. The Customer cannot continue with the order process if he/she does not tick the box “I have read and accept the Terms and Conditions of Sale”. By ticking this box, the Client materialises his/her full acceptance of the current GTC as well as of the Special Terms and Conditions of Sale applicable to each order placement and displayed on the screen (name of the Product(s), price, weight, quantity, etc.);
- Confirmation of payment: The Customer can, at any time, obtain an overview of the Products he has selected by clicking on the icon ” Basket ” and edit them or delete part(s) of the content of the order displayed; The order will be considered final once the present Terms and Conditions have been accepted and payment has been made. The Customer will receive an email confirming the order. SKINFUSION agrees to honour orders received on the Website within the limits of the available stocks. In the absence of stock of one or more articles ordered, SKINFUSION agrees to inform the Customer within the shortest time possible and, if necessary, to make a refund, in the course of 14 days following the date on which the Customer has exercised his/her right of withdrawal. The customer’s order will therefore be automatically cancelled. SKINFUSION retains title to the articles until full payment of the order, i.e. until receipt of payment of the order. SKINFUSION also reserves the right to cancel or refuse orders if there is a dispute with the Client in question regarding payment for a prior order or if, in its opinion, this could constitute any form of risk.
Article 6: Payment
Purchases may be paid for by the Customer, either by Bancontact or by bank transfer. In the event of payment by bank transfer, the Customer’s bank account will be debited when the order is dispatched. The payment is validated upon receipt of the additional information requested in case any additional verifications are required for payment. SKINFUSION reserves the right to verify the personal data communicated by the Customer and to take all measures deemed necessary to verify that the person whose bank account is debited is the person who placed the order to prevent fraudulent payments. This verification could take the form of a request for identity or residential details. The absence of any response from the Client to a request of this type within a period of 2 days following the request formulated by SKINFUSION shall automatically result in the cancellation of the order, without any possibility of subsequent complaint. The information relating to the order forms part of automated data processing. Failure to provide data relating to the order hampers the execution and analysis of the transaction. SKINFUSION shall also be completely free to proceed directly to cancel an order that involves one or more risks of bank card fraud.
Article 7: Dispatch And Delivery
The Client shall have the choice of having his/her order delivered or picked up at SKINFUSION’s head office. In the event of delivery, the Customer may have his order delivered by BPOST or a courier. SKINFUSION agrees to deliver the items ordered and paid for by the Customer within a reasonable period of time, regardless of the chosen delivery method. The shipping costs will be charged to the Customer and specified at the time of final validation of the order. It is the Customer’s own responsibility to check the contents of the order and the condition of the items delivered. Orders already opened or incomplete and/or damaged items may not be accepted by the Customer. Any discrepancies concerning the articles must be reported within 3 days of receipt.
In the event of manifest error regarding the price and/or characteristics of a Product put up for sale by SKINFUSION, the company is permitted to rectify this error.
Article 8: Return And Refund
Right to Cancel and Receive Reimbursement If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:
– Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
– Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
– Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.
To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at info@skinfusion.store or by post at 17 LINHOPE STREET, LONDON NW1 6HT office 2. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.
Article 9: Effects Of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit. If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel. We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement. This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Article 10: Refunds And Returns
Goods Refund requests must be made within 14 days after receipt of your goods. We accept refund requests for goods sold on our Site for any of the following reasons: – Good is broken; – Good does not match description; or – Good is the wrong size.
Refunds do not apply to the following goods: – injectables.
Returns can be made in person at the following location(s): 17 LINHOPE STREET, LONDON NW1 6HT office 2. Returns can be made by mail. To return a good by mail, follow the following procedure: Please, contact our customer service in order to return the goods.
Article 11: Responsibility
SKINFUSION shall be liable to the Customer by law for the proper performance of the contract entered into with the Customer. However, SKINFUSION may not be held liable for non-performance or defective performance of the contract concluded in case of force majeure, the occurrence of an event attributable to the Customer or any inconvenience, unforeseeable and insurmountable damage inherent in the use of the Internet, in particular an interruption of service, an external break-in or the presence of computer viruses.
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Article 12: Limitation Of Liability
Our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Article 13: Protection Of Personal Data
SKINFUSION applies all means to ensure the confidentiality and security of the data communicated on the web and on the Website.
SKINFUSION shall take the necessary technical and organisational measures to prevent the accidental or illegal destruction, loss, alteration and unauthorised distribution of the Personal Data as well as unauthorised access to them.
If there is a breach in connection with these Personal Data or if there are related communications with other rights or obligations relating to the protection of the Personal Data, the Customer must immediately contact SKINFUSION to indicate this. If a clause of the law of England is applicable to SKINFUSION and this results in an obligation to process the aforementioned data, SKINFUSION will inform the Customer of this legal clause before processing is started, unless the legislation in question prohibits such communication for overriding reasons of public interest.
Article 14: Disputes And Applicable Law
Applicable Law These Terms and Conditions are governed by the laws of the Country of England. Subject to any exceptions specified in these Terms and Conditions, if you and SKINFUSION are unable to resolve any dispute through informal discussion, then you and SKINFUSION agree to submit the issue to the court in London.