General Terms and conditions of Use
These general terms and conditions of use (hereinafter the "GTC of Use") are entered into between the company LABORATOIRES CINQ MONDES, a simplified joint stock company with a share capital of 513,270 euros with its registered office at 6 square de l'Opéra-Louis Jouvet in Paris (75009), France, registered in the Paris Trade and Companies Register under number 435 296 470 (hereinafter "LCM"), and persons wishing to consult the website www.deepnature.fr (hereinafter the "Users").
LCM and the Users are hereinafter referred to together as the "Parties".
Consequently, any User wishing to use the Site, visit its various pages and benefit from the services offered must first read and accept the GTC of Use in their entirety. In any event, accessing the Site implies the User's full and unreserved acceptance of the rules set out below.
Should either Party fail to invoke one of these conditions at a given time, this may not be interpreted as a waiver of the right to invoke the same at a later date.
The cancellation of a clause in the GTC of Use will not affect the validity of the GTC of Use as a whole.
Date of creation of the GTC of Use: 08 September 2023.
The Site is produced and published by LABORATOIRES CINQ MONDES, a simplified joint stock company with a share capital of 513,270 euros, whose registered office is at 6 square de l'Opéra-Louis Jouvet in Paris (75009), France, registered in the Paris Trade and Companies Register under number 435 296 470.
Publication manager: Julien PATTY
SimpleRezo has its registered office at 107 rue de la Réunion 75020 PARIS, FRANCE, and is registered with the Paris Trade and Companies Registry under SIREN number 488 644 931 00039.
To use the Site, the User connects to the Site using the address www.deepnature.fr.
Access to the Site and the presentation pages does not require the creation of a user account.
The purpose of the Site is to present and offer for sale online cosmetic products from the "Deep Nature" brand, gift cards and vouchers and treatments and spa entry via a booking system (hereinafter the "Products"), all sold by LCM.
LCM endeavours to provide clear, accurate and up-to-date information concerning the features of the Products.
The Site is also intended to provide information relating in particular to the Products and the world of the "Deep Nature" brand.
The Site also lists the sales outlets that distribute the Products.
In addition, the Site publishes information relating to promotional activities, newsletter subscriptions and the organisation of games in which you can win prizes.
LCM endeavours to provide clear, accurate and up-to-date information concerning the features of the Products, the sales outlets distributing the Products and the promotional activities carried out by the latter. However, LCM cannot guarantee that this information is up to date, particularly with regard to the distribution of Products by independent distributors. To ensure information is as up to date as possible, Users may report any incorrect or inaccurate information they have noticed by emailing the following address: [email protected].
The Site and any software used in connection with it may contain confidential information and data protected by intellectual property law. Thus, unless otherwise stated, the intellectual property rights of the web pages and of any data of any kind contained in the Site and each of the elements making up the Site (images, illustrations, sounds, texts, graphic elements, etc.), including software, databases and newsletters are the exclusive property of LCM and/or any company in the group to which LCM belongs (hereinafter the "Content") or of third parties who have granted LCM a right of use. The User is not granted any licence or any right other than that of accessing the Site.
Reproduction of all or part of the Content is authorised solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes in any manner whatsoever and in any form whatsoever is expressly prohibited. It is also prohibited to copy, modify, create derivative work, assemble, decompile (with the exception of as legally required), sell, assign, sub-license or transfer in any way whatsoever any right relating to the Content. It is also prohibited to modify any or all of the Content, particularly the software, or to use modified versions of the software, particularly with a view to accessing the Site by any means other than the interface provided to Internet users for this purpose.
The use of any or all of the Content without written authorisation from LCM, in particular for commercial purposes, is prohibited and may give rise to criminal and/or civil proceedings.
To obtain LCM's written permission to use any or all of the Content, the User may contact LCM's communications department at the following address: [email protected]
All trademarks or logos appearing on the Site are the property of LCM, or of a company in the group to which LCM belongs, or of its service providers, partners or suppliers. Any use whatsoever of these trademarks and/or logos and/or any other Content requires express permission from LCM or the holder of the intellectual property rights concerned.
Users of the Site shall refrain from making any use whatsoever of the Products' trademarks (whether word trademarks or semi-figurative trademarks) and more generally from infringing the intellectual property rights of LCM and/or any company in the group to which LCM belongs.
LCM reserves the right to request the deletion of any link to the Site which has not been, or is no longer, authorised and which is prejudicial to LCM and/or any company in the group to which LCM belongs.
Users who are consumers may order the Products online from the Site.
The online sale of the Products is governed by the General Terms and Conditions of Sale of the Site, which the consumer User must accept before ordering any Products.
Users wishing to order Products online from the Site must create a user account.
The User undertakes to provide accurate information in the form and to refrain from the use of another identity.
The consumer User can create a user account, either when validating their order, or by clicking on "My Account", at any time when browsing.
The user account is created by completing the fields on the relevant form. The consumer User creating an account undertakes to complete the form in good faith, to provide accurate information and to refrain from the use of a fake identity. The consumer User may change the information entered at any time in the "My Account" section.
A password is required to create a user account. The consumer User undertakes to keep their password confidential and acknowledges that LCM cannot be held liable in the event of disclosure, whether or not caused by an act of negligence on its part.
If the consumer User forgets their password, they can enter the login email address provided at the time of registration and click on forgotten password. An email will then be sent automatically with a new password. The consumer User can also reset their password at any time in the My Account section.
If the consumer User does not use their user account for an uninterrupted period of 3 (three) years, LCM may consider their account to be inactive. Consequently, LCM may send an email to the consumer User, informing them of the new status of the account. If the User does not react within the period stated in the email, LCM may then delete their account.
Users may contact LCM by means of a contact form accessible on the "contact" page.
The User guarantees that the information provided when using the contact form is accurate.
The User's request will then be forwarded to LCM's consumer and customer services, which will endeavour to process it as quickly as possible.
The Site does not allow reporting of an undesirable effect of a Product (or an incident during use) using the contact form. In the event that the consumer User wishes to make such a report, they must contact the Regulatory Affairs Department at SNOW GROUP as follows:
The Site lists the other online sales outlets that distribute the Products.
The Site lists the physical points of sale distributing the Products. The contact details (address and telephone number) of these points of sale are provided on the Site.
If they so wish, Users can use the Site to search for a physical point of sale located close to their geographical position or the postal address they choose to enter. This tool requires the location function to be enabled on the User's browsing device.
The Site does not list the Products sold in these sales outlets.
The sales outlets listed do not sell the Products via the Site.
Furthermore, LCM in no way guarantees the availability of the products sold at the physical points of sale listed on the Site. In this respect, LCM recommends that the User contact the points of sale to find out whether the items sought are available.
The Site references periodic promotional offers relating to the Products.
These promotional offers may consist of price reductions on certain Products.
They may also consist of the award of gifts when certain Products are purchased.
In either case, the Site merely disseminates information relating to these promotional offers. Price reductions and the awarding of any gifts are carried out by the participating physical points of sale.
In this respect, LCM informs the User that they must go to the points of sale participating in the activities if they wish to benefit from these promotions.
It is further specified that no contract relating to these promotional activities is concluded between the Parties via the Site.
The User can subscribe free of charge on the Site to a newsletter, in order to receive information about Products, treatments, spas and news.
This newsletter may also be used to provide information relating to campaigns for Products to be tested, games and promotional offers in participating sales outlets if the User has given prior consent to receive these offers by e-mail.
If the User wishes to receive this newsletter, they must register on the Site by completing the form (surname, first name and email address) and validating it by clicking on "REGISTER".
The User is responsible for the information they provide when registering. In the event of an error, LCM cannot be held liable for any problems processing the User's requests resulting from the User's failure to comply with this article.
LCM and/or the companies in the group to which it belongs organise games that qualify as advertising lotteries within the meaning of the French Consumer Code.
To this end, the Site publishes information about these events and the rules for these games.
Users are expressly invited to read the rules before taking part.
The Site includes hyperlinks to other websites, offered by third parties (hereinafter "Third Party Sites").
LCM has no control over the accuracy of the information contained therein nor their content. LCM is not required to check the quality, legality, veracity or accuracy of the information published on the pages to which these hyperlinks refer.
Consequently, LCM may under no circumstances be held liable for any damage resulting from the use of, access to, or inability to use the information or content of Third Party Sites.
All Users of the Site are personally responsible for setting up the IT and communication resources needed for them to access the Site and for acquiring the knowledge required to use the Internet and the Site. The User remains responsible for the connection and equipment costs associated with their Internet access and use of the Site, in accordance with the terms and conditions of their access providers and/or electronic communications operators.
The User is aware of the risks of misuse and contamination by any viruses circulating on the Internet. LCM may not be held liable for such malfunctions or for any interruption in Internet communications.
Users are reminded that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system are offences punishable by law.
LCM makes every effort to ensure that the information published on the Site is accurate and up-to-date, and reserves the right to modify the content or presentation of the Site at any time and without prior notice. However, LCM cannot guarantee that the same is complete or that it has not been modified by a third party (hacking, virus).
LCM shall not be held liable for any indirect damage whatsoever.
LCM may not be held liable for any decision taken on the basis of information contained on the Site, nor for any use that may be made of such information by third parties, and in particular accepts no liability arising from the transmission of confidential information via the Internet.
LCM shall not be held liable for any matters beyond its control nor for any damage that may be suffered by the technical environment of any User and in particular their computers, software, network equipment (modems, telephones, etc.) and any equipment used to access or use the service and/or information.
The Site may also contain hyperlinks to other websites. LCM has no control over the accuracy of the information contained therein nor their content. Consequently, LCM may under no circumstances be held liable for any damage resulting from the use of, access to, or inability to use the information or content of other websites.
LCM is not required to check the quality, legality, veracity or accuracy of the information published on the pages to which these hyperlinks refer.
LCM collects and processes personal data from Users of the Site who choose to use the contact form and/or order Products on the Site.
LCM reserves the right to modify all or part of the GTC of Use at any time in order to adapt the same to changes in its operations and/or changes in legislation.
In any event, the applicable GTC of Use are those in force on the day of use of the Site.
LCM invites Users of the Site to check the GTC of Use each time they use the Site.
The Terms and Conditions of Use are governed by French law.
Any disputes arising in connection with the GTC of Use shall fall within the exclusive jurisdiction of the Caen Commercial Court, to which jurisdiction is expressly assigned in advance, even in the event of a third party claim or multiple defendants.
Users who are consumers are informed by LCM of the possibility of having recourse, in the event of a dispute, to conventional mediation or any other alternative dispute resolution method.
Users who are consumers may submit any dispute with LCM to a consumer mediator.
The consumer mediator is the FEVAD ombudsman. To submit a dispute to the mediator, a User with consumer status may:
The request must be include the following information:
In addition, LCM hereby informs the User of the existence of the online dispute resolution platform set up by the European Commission and of the possibility of having recourse to it in the event of a dispute. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.
Before referring the matter to the consumer mediator, the consumer User undertakes to submit their complaint to LCM at the following address: [email protected].
Any disputes arising in connection with the GTC of Use shall fall within the exclusive jurisdiction of the Paris Commercial Court, to which jurisdiction is expressly assigned in advance, even in the event of a third party claim or multiple defendants.
For any question or complaint relating to the Site, the services or the user's personal data, the user may contact LCM as follows: