Terms and conditions

Preamble

The e-boutique Joëlle Ciocco Paris is an e-commerce website that is accessible through the internet network at the following address www.joelle-ciocco.com (hereinafter the “Website”). It is accessible to all users of this network (hereafter referred to as “Website Users”). The Website is published by the company CAPITAL JOELLE CIOCCO SARAL with capital of €92,000 having its registered office at 8 place de la madeleine, 75008 Paris, listed in the Paris Trade and Companies Register at No. B 347 602 054.

1- Subject

CAPITAL JOELLE CIOCCO offers cosmetics for sale on the Website (hereinafter the “Products”) to website users (hereinafter the “Customers”). For the purpose of this agreement, the Customer and CAPITAL JOELLE CIOCCO shall be referred to collectively as the “Parties” and individually as a « Party ».

Customer means a natural person of majority age or at least having the legal capacity to enter into an agreement and who, for non-professional purposes, places an order on the Website.

All orders for a Product available on the Website imply the specific consultation and acceptance of these terms and conditions of sale in force at the time of the formation of the agreement.

These terms and conditions of sale define the rights and obligations of the Parties resulting from the on-line sale of Products proposed on the Website throughout the world, exclusively resulting from relations established through the internet network and only on the Website. These conditions apply to the exclusion of all other documents.

They organise all stages necessary for placing orders and assuring follow-up of said orders between the Parties to the agreement.

2 – Products & Prices

Products

The Products offered for sale by CAPITAL JOELLE CIOCCO are those displayed on the Website, on the day that the Customer consults the Website within the limit of available stocks and subject to the conditions stated in the preceding Introduction. The photographs that illustrate the Products are non-contractual. CAPITAL JOELLE CIOCCO shall not incur any liability should the photographs prove erroneous in nature.

The Customer is, in addition, obliged to consult the descriptive sheet for each Product to learn of its characteristics.

Price

The prices of the Products are given in Euro inclusive of all taxes. They include the V.A.T. that is applicable in French territory on the day of the order. The prices indicated do not include packaging and postage which will be charged as an extra and notified to the Customer on confirmation of the order.

The prices charged are those shown on the Website at the time of order.

In case of command(order) towards a country other than metropolitan France you are the importer of one or several concerned products.

For all the products sent except(off) European Union and FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES, the price(prize) will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes either import duties or taxes of state may be due. These rights and naps do not recover within the competence of CAPITAL JOELLE CIOCCO. They will be at your expense(under your responsibility) and are(are a matter) of your full responsibility, both in terms of statements(declarations) and payments in the authorities competent et/organismes of your country. We advise(recommend) you to inquire about these aspects with your local authorities.For any Order of the Buyer equal to or exceeding €150 by using Colissimo in France the above mentioned cost of processing and delivery will not be applied to the Buyer.

For any Order of the Buyer equal to or exceeding €200 by using Colissimo outside Metropolitan France the above mentioned cost of processing and delivery will not be applied to the Buyer.The Product(s) remain the property of CAPITAL JOELLE CIOCCO until full payment of the price.

3 – Term

The sales offers on the Website, governed by these terms and conditions of sale, are valid for any Product as long as the latter remains on line.
These terms and conditions of sale are deemed accepted by the Customer from the time the Customer ticks the acceptance box on the order confirmation page and apply for the time necessary for supply of the Products.

Registering & Confirming an Order

Use of the website

Customers may view the different Products on sale by CAPITAL JOELLE CIOCCO through the Website. Customers may freely browse the different pages of the Website without any commitment to place an order.

Registering an order

If Customers wish to place an order, they can choose the Products they are interested in and manifest that interest by clicking on the “Add to cart” button.

At any time, Customers may:
see a summary of the Products that they have selected or modify their order by clicking on “My cart” in the upper right corner of each page,
continue their selection of Products by clicking on “continue shopping”,
finish selecting Products and pass their order by clicking on “Next”.

To order the Products chosen in this way Customers can click on the “Check Out” tab. A summary of the order will then be displayed on screen with the statement “order with obligation of payment”. If the displayed list corresponds with their choice of Products, Customers may confirm this summary by clicking on “Confirm my order ».

Identification of the customer

The order cannot be confirmed on the Website unless the Customer holds a personal account.

For their first purchase on the website, Customers must provide the necessary personal details by correctly filling out the form that will appear, on which they must provide the necessary information for their identification, notably first name, last name, postal address and telephone number. For any future purchases they will only need to provide their email address and password.

Customers understand and accept that in providing this identification information they provide proof of their identity and manifest their consent. Once the Customer is identified, an order form will be displayed on screen, summarising: the nature, quantity and price of Products selected by the Customer, as well as the total order amount, the Customer’s contact details and the delivery address(es) for the Products.

Customers are responsible for the choice and safekeeping of their ID and must ensure it remains confidential. CAPITAL JOELLE CIOCCO can under no circumstances be held liable for any identity theft and connections to Customer accounts by third parties. The provision of personal data for the purpose of distance selling is obligatory as this information is essential for the treatment and delivery of orders as well as for invoicing. This information remains strictly confidential.

Definitive order confirmation

Once Customers have viewed the status of the order and provided the information required, they can click on the “order confirmation” box to make their payment.

At this stage, the Customer will access a page specifying the invoicing and delivery address which may be amended if necessary. Customers will have the option of adding a message of their choice to the delivery.
On the next page, Customers may select the delivery methods by clicking on “Confirm” and Customers will then access a page which allows selecting payment method, provided that Customers must have the means of payment as defined hereafter in point Payments. Customers will then click on the button corresponding to the payment method selected.

Once payment has been confirmed, the order form is registered in the computer records of CAPITAL JOELLE CIOCCO, which are themselves stored on reliable, durable support and will be considered as proof of the contractual relations between the Parties.

Payments

The Order is paid online on the Website via a bank card (Carte Bleue, Visa, Mastercard or PayPal). Should one or more Product(s) be purchased on the Website www.joelle-ciocco.com, the Buyer will provide the information required in the designated areas: the card number, validity date and security code located on the back of the card. The total amount corresponding to the Order will be debited from the card the day the Order is placed.

CAPITAL JOELLE CIOCCO reserves the right to suspend any Order processing and delivery in case of non-payment or denial of bank card payment by the officially accredited and common authorities on the Internet.

CAPITAL JOELLE CIOCCO reserves the possibility to refuse to honor the Order from a Buyer who has not fully or partially completed a previous payment, or with whom there is payment litigation in process.

CAPITAL JOELLE CIOCCO cannot be held liable for any misappropriation or illegal use of a payment method which has not been detected by the verification procedure. The Buyer guarantees to CAPITAL JOELLE CIOCCO that he holds all necessary authorizations to use the payment method chosen for the Order.Any illegal use of the bank card shall not be taken into account for refunding by CAPITAL JOELLE CIOCCO.

As long as a Product(s) Order has not been fully paid, the Product(s) remain(s) the property of CAPITAL JOELLE CIOCCO.

Payment Security

The purchases made by the Buyer are secured. When a Buyer places an online Order, the operation is performed on the servers of CAPITAL JOELLE CIOCCO. When the Buyer makes the payment of the Order, the information is sent to the secured servers of CAPITAL JOELLE CIOCCO’s partner : MERCANET.

Transactions performed on the Website are secured by MERCANET.

All the data exchanged in relation to the payment are encoded through the SSL protocol. These data will be neither detected, nor intercepted or used by third parties.

Ces certifications garantissent que les processus opérationnels et les solutions techniques utilisées par MERCANET respectent les critères les plus exigeants en matière de sécurisation des échanges et de protection des données bancaires. MERCANET figure ainsi parmi les premiers opérateurs de paiement au niveau mondial à offrir ces trois certifications.

Les achats effectués par le Client sont également sécurisés par le système dit « 3-D Secure » : un protocole sécurisé de paiement sur Internet. Il permet aux marchands de limiter les risques de fraude sur Internet, liés aux tentatives d’usurpation d’identité. Il consiste à s’assurer, lors de chaque paiement en ligne, que la carte est utilisée par son véritable titulaire. CAPITAL JOELLE CIOCCO utilise 3D secure sur leur Site.

4 – Shipment & Delivery

CAPITAL JOELLE CIOCCO commits to ship the Order within a term of 24 hours to 4 business days, according to the delivery option chosen by the Buyer.

The delivery will be performed within an average term of 2 to 10 business days according to the delivery option chosen by the Buyer but no later than 45 days starting from the day after the date of placement of the Order.

The delivery is performed by COLISSIMO or DHL Express at the address indicated by the Buyer at the time the Order is placed.

Any missing or inaccurate element in the delivery address and the identity of the Buyer exempts CAPITAL JOELLE CIOCCO from any liability with respect to delivery.

As soon as the Order is received, the Buyer is held liable to:
Formulate any reserve or complaint with the employee of the Poste or to refuse the package if the package is likely to have been opened or damaged
as soon as possible and no later than 2 business days starting from the reception of the Order.

Should the Buyer fail to do so, CAPITAL JOELLE CIOCCO will assume the Order was delivered in good condition and cannot be subject to any further dispute.

5 – Right of Cancellation

Pursuant to the produisons of Article L.121.20 of the French Consumer code, customers may exercise their right of cancellation for a period of fourteen (14) business days if the ordered Product(s) do not give complete satisfaction. This period starts on the date of delivery of the order.

If the above-mentioned conditions are complied with, CAPITAL JOELLE CIOCCO will reimburse Customers within fourteen (14) days for the total sum corresponding to the Products purchased and the standard shipping and delivery costs.

Si le montant de votre commande d’origine a permis au Client d’obtenir un avantage (frais de port offert, cadeaux,…), le remboursement des produits retournés sera possible sous réserve du retour de l’intégralité des avantages.

Customers must return Product(s) ordered at their own expense within fourteen (14) business days from exercise of the right of cancellation. The Product(s) must be returned in their original inner to the following address: Société CAPITAL Laboratoire Joëlle Ciocco – 19 rue Roger Leroy 78700 CONFLANS-SAINTE-HONORINE.

6 – Liability

CAPITAL JOELLE CIOCCO cannot be held liable for any indirect damage that could occur from the purchase of the Product(s).

CAPITAL JOELLE CIOCCO cannot be held liable for the non-execution of the Order in case of inventory shortage or lack of availability of the Product(s) for force majeure reasons such as these are defined by the jurisprudence and French jurisdictions.

Moreover, CAPITAL JOELLE CIOCCO cannot be held liable with respect to the general terms of sale for any damage resulted from the use of the Internet, such as a virus, intrusion, loss of data, shortage in the Internet service.

7 – Data Protection & Civil Liberties

The data collected by CAPITAL JOELLE CIOCCO from any Order placed by a Buyer are necessary to process the Orders by CAPITAL JOELLE CIOCCO and its commercial partners.

According to the law on data protection and civil liberties n° 78-17 dated 6 January 1978, the Buyer has the right to access, to amend, to eliminate and to oppose its personal data. The Buyer can exercise this right by writing to CAPITAL JOELLE CIOCCO – 19 rue Roger Leroy 78700 CONFLANS-SAINTE-HONORINE, and indicating his name, surname and address as well as the purpose of his request.

CAPITAL JOELLE CIOCCO might send promotional offers and newsletters by post or email with the prior consent of the Buyer given during the online registration procedure.

8 – Intellectual Property

The Website www.joelle-ciocco.com is protected by Intellectual Property Rights.

The Website and each of its components (trademarks, logos, photos, images, texts, slogans, and videos) are the exclusive property of CAPITAL JOELLE CIOCCO and any unauthorized use is strictly forbidden.

Any partial or full reproduction or representation of the Website or of any of its components shall be subject to prior written approval from CAPITAL JOELLE CIOCCO. Hypertext links to the Website shall only be established with the prior written authorization of CAPITAL JOELLE CIOCCO.

The trademarks found on the Website are registered with the INPI (National Institute of Industrial Property) and are the property of CAPITAL JOELLE CIOCCO.

9 – Dispute Settlement & Litigation

In case of a dispute between CAPITAL JOELLE CIOCCO and the Buyer, the most diligent party shall address, prior to contacting any representative of a jurisdiction, a formal notice containing the complaints towards the other party. Failing any amicable settlement within 15 days starting from the date the formal notice is issued, the most diligent party shall notify to the other party in writing, prior to notifying any representative of a competent court, the end of the amicable settlement period.

10 – Applicable Law & Competent Court

The general terms of sale as well as the sale of Product(s) are construed in accordance to French laws.
Failing amicable settlement, any dispute regarding the interpretation, execution or termination of the agreement concluded by Dermoplant and the Buyer shall be exclusively settled by the competent French courts.