ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by DYNAMIC ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website www.misceo-cosmetics.com.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Conditions of Sale may be supplemented by special conditions set out on the website prior to any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible at any time on the website www.misceo-cosmetics.com and will prevail, if necessary, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, but the version applicable to the Customer's purchase is the one in force on the website at the time the order is placed.
Changes to these General Conditions of Sale are enforceable against users of the www.misceo-cosmetics.com website from the time they are put online and cannot be applied to transactions concluded previously.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website www.misceo-cosmetics.com are the following:
• Range of portable homogenisers
• Range of fixed homogenisers
• Range of mobile homogenisers
• Range of holders for homogenisers
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website www.misceo-cosmetics.com.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.misceo-cosmetics.com are not contractual and do not engage the responsibility of the Seller.
The Customer is obliged to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
ARTICLE 3 - Period of validity of the Product offer
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows:
N°416450435 RCS LA ROCHE SUR YON
518 rue Léo Baekeland
Tel.: +33 2 51 63 02 72
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, delete and port all of his personal data by writing, by post and providing proof of his identity, to the Seller's address, mentioned above.
Validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges that he has the required capacity to contract and purchase the Products offered on the website www.misceo-cosmetics.com.
ARTICLE 5 - Orders
5-1 . Placing the order
It is the Customer's responsibility to select the Products he wishes to order on the website www.misceo-cosmetics.com, according to the following procedures:
Placing your order is done in several steps:
• Fill your basket with products,
• You must then fill in your customer account details or create your MISCEO customer account,
• Choose the delivery method,
• Choose your payment method,
• Throughout the ordering process, right up to the payment page, you can view the summary of your order and return to the previous pages to modify it,
• You make your payment request, confirm that you have read the general terms and conditions of sale of the site, the "PAY" button then allows you to confirm your order which then becomes final,
• You will receive an email confirming your order, which means that your order has been accepted by the Seller, thus forming the sales contract. As soon as the order is ready for shipment, the Site will send you an order dispatch email.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the responsibility of the Customer to check the accuracy of the order and to report or rectify any errors immediately.
The registration of an order on the website www.misceo-cosmetics.com is carried out when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates the order. This validation implies the acceptance of all of these General Conditions of Sale as well as the general conditions of use of the website www.misceo-cosmetics.com.
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website www.misceo-cosmetics.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer can follow the progress of his order on the website www.misceo-cosmetics.com.
ARTICLE 6 - Prices
The Products are supplied at the prices in force on the website www.misceo-cosmetics.com, at the time the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts granted by the Seller on the website www.misceo-cosmetics.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website www.misceo-cosmetics.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.misceo-cosmetics.com and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the Customer confirms the order, are entirely at the Customer's expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- by credit card: Credit card, Visa, MasterCard,
- by bank cheque
- by bank transfer.
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payment data is exchanged in encrypted mode using the PAYZEN protocol.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered in mainland France (including Corsica) and throughout the world within 7 to 10 working days from the dispatch of the order to the address indicated by the Customer when placing the order on the website www.misceo-cosmetics.com.
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication. If the ordered Products have not been delivered within thirty (30) days after the indicative delivery date, for any other reason than force majeure or a reason attributable to the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's liability - Warranty".
The Seller shall bear the transport risk and shall be obliged to reimburse the Customer for any damage caused during transport.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. The Customer has a period of 48 hours from the date of delivery in which to formulate the reasons for his refusal by email to email@example.com, any reservations or claims for non-conformity or apparent defects of the Products delivered (for example, damaged package already opened, etc.), with all the relevant supporting documents (photos in particular). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these General Conditions of Sale (see warranties, in particular).
ARTICLE 9 - Transfer of ownership - Transfer of risks
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal with the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.misceo-cosmetics.com, in which case the Seller shall immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
The refund will be made within 14 days of the notification to the Seller of the decision to withdraw.
CLICK HERE TO DOWNLOAD THE WITHDRAWAL FORM
ARTICLE 11 - Seller's liability - Warranty
The Products sold on the website www.misceo-cosmetics.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- from the legal guarantee of conformity, for apparently defective, spoiled or damaged Products or Products that do not correspond to the order,
- from the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer benefits from a period of two years from the delivery of the goods to act against the Seller; may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code; is exempted from proving the existence of the non-conformity of the Product during the twenty-four months following the delivery of the Product
The legal guarantee of conformity applies independently of the commercial warranty that may cover the Product. The Customer may decide to invoke the guarantee against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, he may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of seven (7) days from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods and return or bring back to the shop the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the rate charged and return costs will be reimbursed on presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days of the Seller's finding of the non-conformity or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Seller shall not be liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,
- in case of misuse, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.
DYNAMIC will take back and repair items that are out of warranty.
ARTICLE 12 - Protection of personal data
In accordance with Law 78-17 of January 6, 1978 amended by Law 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of the information provided through the website www.misceo-cosmetics.com complies with the legal requirements for the protection of personal data, as the information system used ensures optimum protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.misceo-cosmetics.com.
ARTICLE 13 - Intellectual property
The content of the website www.misceo-cosmetics.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 - Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
ARTICLE 16 - Applicable law - Language
These General Conditions of Sale and the operations arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination and consequences and which could not be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of ordinary law.
The Customer is informed that he may in any have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the French Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
SAS DYNAMIC for MISCEO® By DYNAMIC is a member of the CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice) E-Commerce Mediation Service: 14 Rue St Jean - 75014 Paris - http://www.cm2c.net. After prior written request from consumers to SAS DYNAMIC for MISCEO® By DYNAMIC, the Mediation Service may be contacted for any consumer dispute which has not been resolved. To find out how to contact the Mediation Service, click here. "
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact that a natural person (or legal entity) places an order on the website www.misceo-cosmetics.com implies full acceptance of these General Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to invoke any contradictory document which would be unenforceable against the Seller.
APPENDIX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the French Consumer Code
The seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or it has been carried out under its responsibility.
Article L217-5 of the French Consumer Code
To conform to the contract, the product must:
- Be fit for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
- have the qualities which a buyer may legitimately expect, having regard to public statements made by the seller, the producer or its representative, in particular in advertising or on labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the French Consumer Code
Where the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, 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 that remained to run. This period shall run from the date of the buyer's request for action or from the time the goods in question are made available for repair, if this is after the request for action.
Article 1641 of the French Civil Code
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.