General Terms and Conditions of Sale (GTCS)
Preamble
The General Terms and Conditions of Sale described below detail the rights and obligations of YEKOH COSMETICS and its customer in the context of the online sale of goods offered from this website.
YEKOH COSMETICS, a company with a capital of €15,000, registered with the RCS900728676, whose registered office is located in SAINT-ETIENNE.
eMail: contact@yekoh.com
Hereinafter referred to as "YEKOH COSMETICS";
1) PURPOSE
i) The purpose of our GTCs is to describe the terms and conditions of distance selling of goods and services between YEKOH COSMETICS and the Customer. They express the entirety of the obligations and rights of the parties and exclusively govern their relationship.
ii) These general conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept them without reservation.
iii) These terms and conditions apply to the exclusion of any other terms and conditions governing the sale of goods and services offered for sale through any other distribution channel.
iv) YEKOH COSMETICS may adapt or modify these Terms and Conditions at any time, but the applicable Terms and Conditions are those in force on the day of the Customer's order.
v) These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory.
vi) The Customer declares that he/she has read and accepted these general terms and conditions of sale before purchasing the goods or placing the order.
They are enforceable against him in accordance with the terms of Article 1119 of the Civil Code and contain all the information listed in Article L. 221-5 of the Consumer Code.
Article L.221-5 of the consumer Code
Prior to the conclusion of a sales or service contract, the trader shall provide the consumer with the following information in a legible and comprehensible manner
1. The information provided for in Articles L. 111-1 and L. 111-2;
2° Where the right of withdrawal exists, the conditions, time limit and procedures for exercising this right as well as the standard withdrawal form, the conditions of presentation and information contained therein being laid down by decree in the Council of State;
3. Where appropriate, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, in the case of distance contracts, the cost of returning the goods where, because of their nature, they cannot normally be returned by post;
4. Information on the consumer's obligation to pay a fee when exercising his right of withdrawal from a contract for the provision of services, the supply of water, gas or electricity and a subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; this fee shall be calculated in accordance with the procedures laid down in Article L. 221-25;
5. Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal;
6. Information relating to the trader's contact details, where applicable, the costs of using the means of distance communication, the existence of codes of good conduct, where applicable, deposits and guarantees, termination procedures, methods of settling disputes and other contractual conditions, the list and content of which shall be laid down by decree in the Council of State.
2) The order
i) The Customer places an order in accordance with the specifications mentioned on the site, for any product listed therein and within the limits of available stocks.
In the event of unavailability of an ordered product, the Customer is informed.
ii) In order for the order to be validated, the Customer must accept, by clicking on the designated area, the present general terms and conditions of sale. The Customer must also choose the address and the delivery method, and finally validate the payment method.
3) Prices
i)YEKOH COSMETICS reserves the right to change its prices at any time, but will apply the prices in effect at the time of the order, subject to availability at that time.
ii) The prices are indicated in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
iii) The prices do not take into account the delivery costs, which are invoiced in addition, and which are indicated before the validation of the order.
iv) At no time may the sums paid be considered as deposits or advance payments.
4) Payment
i) The products presented on the site are payable when ordering.
ii) The sale shall only be deemed final after YEKOH COSMETICS has confirmed and accepted the order by e-mail and has received the full price.
a) Payment Methods
i) To pay for the order, the Customer may choose from the following payment methods provided by YEKOH COSMETICS: {bank cards}.
ii) Payments made by the Customer shall only be considered final once the amounts due have been received.
iii) The Customer warrants to YEKOH COSMETICS that it has the necessary authorisations to use the payment method chosen by it when validating the order form.
iv) YEKOH COSMETICS reserves the right to suspend all order processing and deliveries in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment.
b) Non -Payment
i) YEKOH COSMETICS reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
ii) YEKOH COSMETICS has implemented an order verification process to ensure that no one is using another person's credit card information without their knowledge.
As part of this verification process, the customer may be asked to email us a copy of their ID and proof of address. The order will only be validated after the seller has received and verified the documents sent.
c) Retention of Title
i) It is agreed that the products and goods delivered and invoiced to the Customer remain the property of YEKOH COSMETICS until full payment of the price.
ii) In the event of non-payment, the Seller shall have the right to claim the products and goods.
iii) The above provisions shall not prevent the transfer to the Customer of the risk of loss or deterioration of the products and any damage they may cause, from the moment of delivery.
5) Electronic Signature
i) The provision of the Customer's bank details online and the final validation of the order shall be deemed to be proof of the Customer's agreement as regards :
Payability of the sums due under the order form;
Signature and express acceptance of all operations carried out.
ii) In the event of fraudulent use of the credit card, the Customer is invited to contact YEKOH COSMETICS by email :contact@yekoh.com
6) Order Confirmation
YEKOH COSMETICS shall provide the Customer with a copy of the contract, on paper signed by the parties or, with the Customer's consent, on another durable medium, confirming the express commitment of the parties.
7) Proof of the transaction
The computerised registers, kept in YEKOH COSMETICS' computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
8) Product Information
i) The products governed by these Terms and Conditions are those listed on the YEKOH COSMETICS website. They are offered while stocks last.
The products are described and presented as accurately as possible. However, YEKOH COSMETICS cannot be held responsible for any errors or omissions in this presentation.
ii) Product photographs are not contractually binding.
9) Product availability and delivery
a) Conditions
Deliveries are only made in mainland France and Corsica. Delivery costs are payable by the Customer and vary according to the type of order (more information directly on the item sheet). They are indicated to the Customer when he/she consults the availability of his/her product.
b) Availability
The availability period is indicated when the Customer consults the stock.
, the Customer will be informed as soon as possible and will have the option of cancelling the order. The Customer will then have the option of requesting a refund of the sums already paid within thirty (30) days of payment or an exchange of the product. In the event that an exchange is not possible, YEKOH COSMETICS reserves the right to cancel the order and refund the amount paid.
c) Delay
In the event that the delivery deadline is exceeded and this is not due to force majeure, the customer shall give YEKOH COSMETICS notice to deliver within a reasonable additional period by registered letter with acknowledgement of receipt.
If delivery is not made within this period, the Customer may terminate the sales contract by sending a registered letter with acknowledgement of receipt to 10 rue Buisson, 42000 SAINT-ETIENNE.
The sale shall be deemed cancelled if the goods are not made available or delivered before YEKOH COSMETICS receives the registered letter. The refund of the product(s) will be made as soon as possible and at the latest within 14 days of the Customer's cancellation request.
d) Transfer of risks
Delivery is deemed to have taken place when the goods ordered are made available to the Customer by the carrier. It is materialised by the signing of the delivery note by the Customer.
The product(s) ordered travel(s) at the sender's risk; it is therefore the Customer's responsibility, in the event of damage, to make all necessary observations and return the goods to the sender in accordance with the procedure described below.
e) Terms of delivery
i) Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's bank.
ii) The products ordered are delivered according to the terms and conditions presented on the site.
iii) The products are delivered to the address indicated by the Customer on the order form; the Customer must ensure that this address is accurate. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the Customer's expense. The Customer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
iv) If the Customer is absent on the day of delivery, the delivery person will leave a notice of passage in the letter box, which will allow him to collect the parcel at the place and during the time indicated.
v) If at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
vi) The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the Customer, or a person authorised by him, has signed the delivery note.
The Customer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices on the site.
vii) If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
10) Delivery errors
i) The Customer shall submit to YEKOH COSMETICS, on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality with the indications on the order form. Any claim made after this deadline will be rejected.
ii) The complaint may be made, at the Customer's discretion:
(1) E-mail address: contact@yekoh.com
iii) Any complaint not made in accordance with the rules defined above and within the time limit set shall not be taken into account and shall exonerate YEKOH COSMETICS from any liability towards the Customer.
iv) Upon receipt of the complaint, YEKOH COSMETICS will assign an exchange number for the product(s) concerned and communicate this number to the customer by email. The exchange of a product can only take place after the exchange number has been assigned.
v) In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to our Company in its entirety and in its original packaging, to the following address: 10 rue Buisson, 42000 SAINT-ETIENNE.
vi) In this case, the return costs are borne by YEKOH COSMETICS.
11) Legal warranty
YEKOH COSMETICS guarantees the conformity of the goods to the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in articles L.217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold as defined in articles 1641 et seq. of the French Civil Code.
In the event that the legal guarantee of conformity is invoked, it is recalled that :
the Customer has a period of 2 years from the date of delivery of the goods to act;
the Customer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-17 of the Consumer Code;
the Customer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods. For second-hand goods, this period is set at 6 months.
The Customer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, allowing him/her to choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
12)Right of withdrawal
a) Withdrawal period
i) In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, starting {from the day after receipt of the goods / the date of conclusion of the contract} by the Customer or by a third party, other than the carrier, designated by him or from the day after subscription to the loyalty programme on the site.
(ii) In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or pieces whose delivery is staggered over a certain period of time, the period shall run from the receipt of the last good or lot or piece.
b) Contracts not covered by the right of withdrawal
The right of withdrawal cannot be exercised in the following cases
- Contracts for the supply of goods made to the consumer's specifications or clearly personalised (case of special orders);
- Contracts for the supply of goods that are likely to deteriorate or expire rapidly;
- Contracts for the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
- Contracts for the provision of services which have been fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal;
- Contracts for the supply of goods or services whose price depends on fluctuations in the financial market which are beyond the trader's control and which may occur during the withdrawal period;
- Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
c) Methods of exercising the right of withdrawal
i) In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer may exercise his right of withdrawal without having to give reasons for his decision and without having to bear any costs other than the cost of returning the goods.
ii) In accordance with the provisions of Article L.121-3 of the French Consumer Code, the Customer shall inform YEKOH COSMETICS of its decision to withdraw by sending, before the expiry of the fourteen day period, the withdrawal form received with the order confirmation in accordance with the model attached below or by using the form to be downloaded online by clicking here, or by any other unambiguous statement expressing its wish to withdraw.
iii) In the event that the Customer withdraws online, YEKOH COSMETICS will send the Customer an acknowledgement of receipt of the withdrawal by email.
iv) The burden of proof for exercising the right of withdrawal lies with the Customer.
Model withdrawal form
Please complete and return this form only if you wish to withdraw from the Contract.
For the attention of Customer Services.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for
for the sale of the goods (*)/for the provision of the service (*) below Ordered on (*)/received on (*) bearing
the following order number (*) Name of customer(s) Address of customer(s) Signature of customer(s)
(only in case of notification of this form on paper) Date.
d) Return of the goods by the customer
The Customer shall return the goods to YEKOH COSMETICS within 14 days of notification of withdrawal in the manner set out on the website.
e) Customer refund
i) Principle
- Where the right of withdrawal is exercised for a good(s), YEKOH COSMETICS shall refund the Customer for all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date YEKOH COSMETICS was informed of the Customer's decision to withdraw.
- YEKOH COSMETICS may withhold a refund until the goods have been recovered or until the Customer has provided proof of shipment of the goods. The refund will be processed by our company using the same payment method as the one used by the customer for the original transaction.
ii)Limitations to the right to reimbursement
In addition to the cases described above, YEKOH COSMETICS may be held liable by the Customer in the event of
deterioration of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods
any damage caused to the product from the moment the Customer receives the goods until they are returned;
the incomplete return of the goods and their accessories without their packaging, instructions for use and documentation.
In such cases, the amount that may be withheld from the refund of the product requested by the Customer may amount to :
- 100% of the price of the goods in the case of a damaged product ;
- 50% of the price of the goods in the case of a used product;
- 50% of the price of the goods if the accessories are not returned;
- 10% of the price of the goods if the instructions or documentation are not returned.
13) Liability
YEKOH COSMETICS does not warrant to users that the Site, which is subject to continuous research to improve performance and progress, will be free of errors, defects or deficiencies, that the Site is standard and not intended solely for a particular user's personal use, and that the Site will specifically meet the user's needs.
YEKOH COSMETICS makes every effort to ensure that the website is continuously accessible and functioning properly.
However, due to the limitations of the Internet, YEKOH COSMETICS cannot exclude the possibility that access to and operation of the website may be interrupted in the event of force majeure, malfunctioning of the user's equipment, malfunctioning of the user's Internet network, or maintenance operations to improve the website and its functionality. Similarly, YEKOH COSMETICS cannot be held liable for any constraints related to the hosting provider, such as maintenance, which may affect the accessibility of the website.
YEKOH COSMETICS does not guarantee the absence of technical problems, compatibility with a particular configuration and/or hardware, or a timeframe for uploading, and shall not be held liable for malfunctions related to the use of ancillary software.
YEKOH COSMETICS shall not be liable for any interruption of the website, whether voluntary or involuntary, and will use its best efforts to limit any such interruptions.
The user expressly agrees that YEKOH COSMETICS shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, etc., as well as for any loss of profits or revenue, which may be incurred by the user directly or indirectly as a result of
access to or use of the Site;
the inability of the User to access or use the Site;
any behaviour or content submitted, published or posted on the Site;
any unauthorised access, use or alteration of the User's transmissions.
14) Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
15) Data processing and freedom of information
The nominative data provided by the buyer are necessary for the processing of his order and for the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
16) Partial Non-validation
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
17) Mediation
The Customer may have recourse to conventional mediation, in particular with the Commission d'évaluation et de contrôle de la médiation de la consommation (CECMC) or with existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.
18) Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact the seller to obtain an amicable solution.
19) Competent court
In the absence of an amicable agreement, any disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of the present contract shall be brought before the competent court in SAINT-ETIENNE.
ANNEX 1 - Provisions relating to legal guarantees
Article L.217-4 of the Consumer Code
The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code
The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L.217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee.
This period shall run from the date of the buyer's request for intervention or from the time the goods in question are made available for repair, if the goods are made available after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it was intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
ANNEX 2 - Provisions relating to legal guarantees
Article 1: Purpose
The purpose of these general conditions of use (the "General Conditions") is to describe the conditions of participation in the Programme.
In particular, they aim to govern:
Membership of the Programme;
The associated loyalty benefits (the "Benefits").
All Members declare that they have read the General Conditions, available on the Yekoh website. The fact of adhering to the Programme implies the full and unreserved adherence of the Member to the General Conditions.
Article 2: Membership
By adhering to the Program, the Member declares to be a natural person of age or holder of a parental authorization and to have the capacity to conclude the present contract to act for strictly personal purposes and which do not enter within the framework of a commercial, industrial, artisanal or liberal activity.
Article 3: Accumulation and use of points
The Programme allows the Member to accumulate loyalty points, both on the amount of purchases made, and according to the frequency of purchases and certain actions carried out, according to the following terms and conditions:
1€ of purchase = 1 point
On the basis of the amount (including tax) actually paid by the Member, discount deducted, rounded up to the next euro (excluding delivery costs, purchase of gift cards, alterations, repairs and gift wrapping).
After 100 points, the customer will be offered a €5 discount voucher.
In the event of a refund request for products purchased on the Website (the "Products") by the Member, the loyalty points relating to the refunded Products will be deducted from the Member's total loyalty points.
It is specified that loyalty points have no commercial value. They can neither be taken back nor exchanged for money or their cash value.
In any case, the Member can only use the accumulated loyalty points available on his balance.
The Member can freely consult the balance of his loyalty points as well as the associated loyalty status on his account.