GENERAL TERMS AND CONDITIONS OF SALE - CUSTOMERS - INTERNET
Name: LABORATOIRES CINQ MONDES
Address: 6 square de l'Opéra-Louis Jouvet, 75009 PARIS
SIREN: 435 296 470 RCS Paris
For any question or complaint relating in particular to the order, to the right of withdrawal, in the event of Products (as this term is hereinafter defined) not conforming to the order, or for any question or complaint relating to the website www.deepnature.fr, to the use, formulation, quality of the Products, or in the event of the occurrence of an undesirable effect or an incident during the use of the Products, the Customer (as this term is hereinafter defined) may contact DEEP NATURE's Customer Service as follows:
The Customer (as this term is hereinafter defined) is hereby informed by the company LABORATOIRES CINQ MONDES that they may register on a telephone do not call list (Bloctel list: https://www.bloctel.gouv.fr/). It is nevertheless specified that such registration shall not prevent LABORATOIRES CINQ MONDES from contacting the Customer by telephone strictly for the purposes of fulfilling this contract.
These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") apply, without restriction or reservation, to all sales made by DEEP NATURE (hereinafter the "Seller") to consumers and non-professional purchasers (hereinafter the "Customer" or "Customers") wishing to acquire the products and/or Gift Cards offered for sale by the Seller on the www.deepnature.fr website (hereinafter the "Products").
In particular, they specify the conditions for ordering, payment, delivery and the management of any returns and refunds of Products ordered by Customers.
The General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or sales via other distribution or marketing channels.
The General Terms and Conditions of Sale are automatically provided to all Customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.
They can be accessed at any time on the www.deepnature.fr website.
The Customer confirms that they have read and accepted the General Terms and Conditions of Sale before placing their order. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
As the General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase is that in force on the www.deepnature.fr website on the date the order is placed.
Changes to the General Terms and Conditions of Sale apply to users of the www.deepnature.fr website from the time they are posted online and cannot be applied to previous transactions.
The Products offered for sale on the www.deepnature.fr website are cosmetic products, Gift Cards granting admission to and/or treatments within the spas operated by the Seller, also usable for the purchase of products and services within Deep Nature establishments, and Gift Vouchers, the amount of which may be used to order Products or book treatments.
The Seller also offers the Customer the option of booking treatments and spa treatments directly on its website.
The main features of the Products, which include all the key information required by applicable regulations and in particular the specifications, illustrations and details of the dimensions and volume of the Products, are shown on the www.deepnature.fr website in the descriptions of each Product.
Customers must read these before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics shown on the www.deepnature.fr website are not contractual and the Seller cannot be held liable for the same.
The Customer must refer to the description of each Product to ascertain its properties and key features, as well as, for continuous or recurring supply of goods, the minimum duration of the proposed contract.
Contractual information is provided in French and is confirmed at the latest when the order is validated by the Customer.
Product offers are subject to availability, as specified when the order is placed.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products dispatched to French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. The Customer will be solely responsible for these.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions undertaken with the Customer.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.deepnature.fr website. The Customer also confirms and acknowledges that the purchase of Products on the www.deepnature.fr website is not directly related to their professional activity and is limited to strictly personal use.
It is the Customer's responsibility to select the Products they wish to order on the www.deepnature.fr website, in accordance with the following procedures.
To order, the Customer must create a personal account by completing the registration form and choosing a personal password. After logging in or creating a personal account, the Customer must complete the Product order form by entering the following mandatory information: the type and quantity of each Product ordered, the Customer's surname, first name, company name if applicable, the Customer's choice of delivery method, the delivery address, the billing address, the payment method, an email address and a telephone number.
If any mandatory elements are missing, a screen will appear asking the Customer to modify/complete these elements.
A summary of the order then appears on the screen. This page displays the Customer's billing address, the delivery address for the Products, a table summarising the order (type, quantity and price of the Products), the delivery costs and the total amount of the order.
Customers can check the details of their order and its total price and correct any errors before confirming acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The order is validated by electronic signature. This signature has the same value between the Parties as a handwritten signature and is proof of the completeness of the order, of acceptance of the order and of the sums due in respect of the said order.
The sale is only definitive once the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and once the Seller has collected the full price due.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the procedures described above, on the www.deepnature.fr website constitutes the formation of a contract entered into remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to track the progress of their order on the www.deepnature.fr website by logging into their personal account.
The Seller does not sell the Products on the www.deepnature.fr website to professionals, but only to consumers or non-professionals for personal purposes. In accordance with article L 121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel, for "legitimate reasons", any order for which the number of Products or the amount to be paid (for a single order or for several orders combined) does not correspond to the usual average use of a household, any order for Products which suggests that the Customer is carrying out a business activity in relation to the Products ordered or, more generally, any order for Products which is abnormal within the meaning of applicable case law.
This article of the General Terms and Conditions of Sale only applies to the online sale of Gift Cards.
However, it should be noted that Customers can order Gift Cards in two ways:
To order, the Customer must create a personal account by completing the registration form and choosing a personal password.
The Customer may choose between two methods of delivery for Gift Cards: by post or by electronic means.
For postal delivery, the Seller will first send an e-mail confirming and summarising the order. Then, the Seller will deliver the Customer's order by post to the address provided when the order was placed.
In the event of delivery by electronic means, the Seller will send the Customer, by e-mail, a confirmation and a summary of the order including, as an attachment, the Gift Voucher which the Customer must print in order to use.
The Customer notes that Gift Cards are nominative and non-transferable. Their period of validity is shown on their purchase page; unless otherwise specified, they are valid for one year. The Seller declines all responsibility in the event of loss, theft or use of Gift Cards by a third party.
Gift Cards feature a unique code enabling the chosen spa to check whether the treatment purchased has already been carried out.
Gift Cards are non-refundable and non-exchangeable, except in the event of withdrawal by the Customer. If the Gift Card is not used before its expiry date, the Customer will not be entitled to any reimbursement.
In order to benefit from treatment services, the Customer in receipt of a Gift Card must:
In the event of cancellation of an appointment less than 24 hours in advance or in the event of no-show at the booked appointment, the Gift Card will be considered definitively forfeited and will not be eligible for any refund or credit note.
It is also specified that:
The Seller reserves the right to refuse the service requested if the Customer does not comply with the above conditions. In this event, the Seller shall not be obliged to compensate the Customer.
This article of the General Terms and Conditions of Sale only applies to online reservations for treatments and spa admissions.
The www.deepnature.fr website allows the Customer to search using the search facility and book an appointment for a treatment or spa entry with one of the many establishments listed. The availability of an appointment is confirmed when the Customer requests an appointment. The Seller in no way guarantees the appointment, as the Spa's schedule may not have been updated. In this case, the spa may contact the Customer directly to suggest another slot.
The booking is validated by electronic signature. This signature has the same value between the Parties as a handwritten signature and is proof of the completeness of the booking, of acceptance of the booking and of the sums due in respect of the said booking.
The sale is only definitive once the Seller has sent the Customer confirmation of acceptance of the reservation by e-mail, which must be sent without delay, and once the Seller has collected the full price due.
The Seller reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous order.
Once confirmed and accepted by the Seller, under the conditions set out above, the order cannot be modified.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or in the event of force majeure.
The Products are supplied at the current prices shown on the www.deepnature.fr website when the order is registered by the Seller. Prices are given in Euros, inclusive of all taxes, the applicable VAT being that in force at the time of billing.
Prices take into account any discounts granted by the Seller on the www.deepnature.fr website.
These prices are fixed and unchangeable during their period of validity, as indicated on the www.deepnature.fr website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of handling, shipping, transport and delivery, which are billed in addition, under the conditions shown on the www.deepnature.fr website under the FAQ tab and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional handling, shipping, transport and delivery costs, as calculated prior to validation of the order by the Customer, shall be borne in full by the Customer.
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 sent to the Customer via their personal account.
Any announcement of a price reduction must indicate the price charged by the Seller prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Seller to all Customers during the last 30 (thirty) days prior to the application of the price reduction.
The price is payable in full on the day the order is placed by the Customer, by means of payment by bank cards bearing various brand names (including CB / Visa cards, CB / Mastercard cards and CB / American Express cards) or via a PayPal account.
Payment by bank card is irreversible, except in the event of fraudulent use of the card. In this case, the Customer may request that the payment be cancelled and the corresponding sums returned.
In addition, in the event of non-compliance with the payment conditions set out above, the Seller reserves the right to suspend or cancel the delivery of orders in progress placed by the Customer.
The Customer may not be billed for any additional costs in excess of those borne by the Seller for the use of a means of payment.
Once the payment method has been selected by the Customer, the latter is redirected to a secure site managed by the Seller's financial partner. Payment is made using the 3D Secure programme. The Customer's bank details do not pass through the www.deepnature.fr website, and only the Seller's financial partner has access to these bank details.
Delivery of the Products ordered means the transfer to the Customer of physical possession or control of the Products ordered.
In accordance with the provisions of article L 216-5 of the French Consumer Code, the delivery of the Products is accompanied by the handing over of the instructions for use, the installation instructions and a written notice stating the right to raise concerns.
The Products ordered by the Customer will be delivered within the time indicated before payment, when the Customer chooses the carrier, plus the average handling and delivery time indicated in the FAQ on the www.deepnature.fr website, to the address provided by the Customer when ordering on the www.deepnature.fr website, or to the address of the pick up point chosen by the Customer when ordering on the www.deepnature.fr website. In all cases, the Seller undertakes to prepare the order within 48 (forty-eight) working hours following validation of the payment.
Except in exceptional cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use their best endeavours to deliver the Products ordered by the Customer within the time limits specified above.
However, these timescales are given for guidance only.
If the Products ordered have not been delivered within 30 (thirty) days after the estimated delivery date, for any reason other than force majeure or the fault of the Customer, the Customer may notify the Seller, under the conditions provided for in article L 216-6 of the French Consumer Code:
If the Seller refuses to comply, or if it is clear that they will not be able to deliver the Products, or if the Customer considers the missed delivery date to be an essential condition of the sale, it may be cancelled immediately.
If the sale is cancelled, the sums paid by the Customer will be returned to them at the latest within 14 (fourteen) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The Seller assumes the transport risks and is obliged to reimburse the Customer in the event of damage caused during transport.
Deliveries are made by an independent carrier to the address given by the Customer when the order is placed and to which the carrier has easy access. Delivery costs are as follows:
<1 The Seller only delivers to the following countries: Austria, Belgium, Metropolitan France, Germany, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, Slovenia, Spain.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and that they have no recourse against the Seller in the event of failure to deliver the goods transported.
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 related costs will be subject to specific additional invoicing, subject to prior acceptance by the Customer.
In the event of a non-compliant or missing product, the Customer has a period of 48 (forty-eight) hours from delivery to express any concerns or complaints by e-mail via the contact form on the www.deepnature.fr website, on the grounds of non-conformity (e.g. a different product to the one ordered), defects or apparent faults in the Products delivered (e.g. a damaged package that has already been opened, etc.), as well as in the event of failure to provide the instructions for use or the installation instructions, together with all relevant supporting documents (photos in particular). Should the above not occur within this period, the Products will be deemed to be compliant and free of any apparent defect.
It should be noted that even if no concerns are expressed by the Customer when the Products are delivered, this does not release the Seller from the guarantee of conformity, as described below.
The Seller will only transfer ownership of the Products to the Customer after full payment of the price by the Customer, regardless of the date of delivery of the Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto shall occur at the time when the Customer takes physical possession of the Products, which therefore travel at the Seller's risk, except when the Customer uses a carrier chosen by the Customer, independent of the Seller, in which case the transfer of risk shall take place at the time when the Seller hands over the Products ordered to the carrier chosen by the Customer.
In accordance with the legal provisions in force, the Customer has a period of 14 (fourteen) days from receipt of the Products to exercise their right of withdrawal from the sale, without having to give any reason 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 14 (fourteen) days from notification to the Seller of the Customer's decision to withdraw.
Damaged, soiled or incomplete Products will not be taken back. Similarly, in accordance with article L 221-28 of the French Consumer Code, the Customer's right of withdrawal cannot be exercised for Products that have been unsealed by the Customer after delivery and which cannot be returned for health or hygiene reasons.
The right of withdrawal may be exercised online, using the withdrawal form available on the www.deepnature.fr website (Appendix 1 of the General Terms and Conditions of Sale). The Customer must send the withdrawal form or any other unambiguous statement expressing the wish to withdraw via the contact form on the www.deepnature.fr website. The Seller will immediately send the Customer an acknowledgement of receipt on a durable medium.
If the right of withdrawal is exercised within the aforementioned 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.
Items must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be sold as new, accompanied by the purchase invoice, the delivery note and the returns form available on the www.deepnature.fr website (Appendix 2 of the General Terms and Conditions of Sale) to the following address:
RHENUS LOGISTICS FRANCE
For the attention of Caroline DELAMARE
7 rue Chennevière, 76320 CAUDEBEC-LES-ELBEUF, France
The cost of returning the parcel is the responsibility of the buyer.
The sole purpose of the returns form is to facilitate the processing of Product returns by the Seller, it is in no way meant to limit the Customer's exercise of the right of withdrawal.
Consequently, failure to attach the duly completed returns form available on the www.deepnature.fr website (Appendix 2 of the General Terms and Conditions of Sale) will have no effect on the validity of the withdrawal, but may simply lengthen the time taken to process the request and issue a refund. Only the cost of returning the Product(s) shall be borne by the Customer. In accordance with article L 221-23 of the French Consumer Code, the Customer may be held liable in the event of depreciation of the Products resulting from handling other than that required to establish the nature, characteristics and proper functioning of the Products.
With regard to an online treatment booking in accordance with article 4.3, the Customer may exercise their right of withdrawal at any time once their order has been validated by sending the relevant form from their personal account.
The exercise of the right of withdrawal by the Customer in accordance with article 9 of these General Terms and Conditions of Sale will give rise to the reimbursement by the Seller of all sums paid within 14 days (10 days for online treatment reservations) from the date on which the right of withdrawal is effectively exercised.
In the event of cancellation of a treatment booked online, a full refund will only be issued if the cancellation occurs more than 24 hours before the treatment is due to take place, in accordance with the terms and conditions set out in this article. In the event of cancellation less than 24 hours before the treatment is due to take place, the price paid will be retained by the Seller.
Refunds will be made in monetary form using the same means of payment as that used by the Customer for the initial transaction, unless the Seller and the Customer expressly agree on a different means. Only the Customer may receive a refund and not the beneficiary of the Gift Cards and Gift Vouchers.
The Seller reserves the right to defer reimbursement until receipt of the Products or until the Customer provides proof of dispatch of the Product, whichever comes first.
The Products sold on the www.deepnature.fr website comply with the regulations in force in France and they are suitable for non-professional use. The Seller shall not be held liable in the event of failure to comply with the legislation or regulations of the country to which the Product is delivered (excluding Products delivered within France). It is the Customer's responsibility to check with the local authorities in the country where the Products are to be delivered to ascertain whether it is possible to import or use the Products they would like to order.
In accordance with legal provisions, regardless of the right of withdrawal, the Products supplied by the Seller are automatically and without further payment covered by:
The Seller undertakes to deliver goods compliant with the contractual description and the criteria set out in Articles L217-4 and L217-5 of the French Consumer Code.
They are liable for defects in conformity that existed at the time of delivery of the Products and that appear within a period of 2 (two) years from the date of delivery, with the exception of defects inherent in the expiry of Products the use-by date of which has passed.
This guarantee period applies without prejudice to articles 2224 et seq. of the French Civil Code, with the limitation period commencing on the day the Customer becomes aware of the lack of conformity.
Defects in conformity that appear within 24 (twenty-four) months of delivery of the Products shall, unless proven otherwise, be presumed to have existed at the time of delivery.
Article L 217-8 of the French Consumer Code states:
"In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section."
Given the nature of the Products, repair is "impossible" within the meaning of article L 217-12 of the French Consumer Code. In the event of a lack of conformity, the Customer is therefore invited to contact Customer Services using the contact form on the www.deepnature.fr website to request a replacement Product and to find out how to return the Product.
Finally, the Customer may request a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.
Where the lack of conformity is so serious that it justifies a reduction in the price or the immediate cancellation of the sale, the Customer is not obliged to request the replacement of the Product in question beforehand.
The reduction in price is proportional to the difference between the value of the Product delivered and the value of the goods in the absence of the lack of conformity.
If the sale is cancelled, the Customer will be reimbursed the price paid in return for sending back the non-compliant Products to the Seller, at the latter's expense.
The refund will be carried out on receipt of the non-compliant Product or proof that the Customer has returned it, and at the latest within 14 (fourteen) days, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The above provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the lack of conformity.
The Seller is liable for hidden defects under the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.
The Customer may decide to invoke the warranty against hidden defects in the Products in accordance with Article 1641 of the French Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In this case, the Customer is therefore invited to contact the Seller's Customer Services using the contact form on the www.deepnature.fr website to find out how to proceed.
The Seller cannot be held liable in the following circumstances:
For any question relating to a Product, or in the event of the occurrence of an adverse effect or incident during the use of the Product, the person concerned may contact the Seller's Vigilance Department by e-mailing: [email protected] or by post to the following address: SNOW GROUP - Service Affaires Réglementaires, Avenue du Général de Gaulle, 14200 Hérouville-Saint-Clair, FRANCE.
The person's data is processed by DEEP NATURE as part of the management and monitoring of legal obligations. The information gathered will be computerised, with due respect for medical confidentiality, and may be disclosed to the relevant Responsible Authority. The data recorded about the data subject is used by authorised persons (the Seller's Regulatory Affairs Department and/or the Seller's Quality Department and/or any company in the group to which the Seller belongs). For more information on the processing of this data, the data subject may consult the "vigilance information notice" available on request.
The content of the www.deepnature.fr website is the property of the Seller and their partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In the event of a change in circumstances that could not have been foreseen when the contract was entered into, in accordance with the provisions of article 1195 of the French Civil Code, any party unwilling to assume the risk of an excessively onerous performance may ask the other party to renegotiate the contract.
The parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described in these General Terms and Conditions of Sale, is the result of force majeure within the meaning of article 1218 of the French Civil Code.
The General Terms and Conditions of Sale and any transactions arising therefrom are governed by French law.
They are written in French. If they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Any and all disputes to which the purchase and sale transactions concluded in application of the General Terms and Conditions of Sale may give rise, relating to their validity, interpretation, performance, termination, consequences and effects, and which have not been resolved between the Seller and the Customer, shall be brought before the competent courts under the conditions of common law.
The Customer confirms that they have been informed in advance by the Seller of the possibility of having recourse, free of charge, to consumer mediation in the event of a complaint.
After having sent their complaint to the Customer Service Department using the contact details indicated in Article 1 of the General Terms and Conditions of Sale, and in the absence of a satisfactory response, the Customer may submit any dispute with the Seller to the following mediator: Médiateur e-commerce de la FEVAD, 60 rue de la Boétie, 75008 Paris - www.mediateurfevad.fr.
To submit a dispute to the mediator, Customers may:
The request must be include the following information:
In addition, the Seller hereby informs the Customer 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 in connection with this contract. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.
The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the General Terms and Conditions of Sale, prior to their immediate purchase or order and in accordance with the provisions of article L 221-5 of the Consumer Code:
The act of a Customer placing an order on the www.deepnature.fr website implies full and unreserved acceptance of the General Terms and 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 rely on any contradictory document that would be unenforceable against the Seller.
This form must be completed and sent only if the Customer wishes to withdraw from the order placed on the www.deepnature.fr website, unless the applicable General Terms and Conditions of Sale exclude or limit the exercise of the right of withdrawal.
"For the attention of SNOW GROUP - DEEP NATURE E-SHOP
44 avenue Georges Pompidou
I hereby give notice of my withdrawal from the contract concerning the order of the Products below:
Customer signature (only in the event of notification of this withdrawal as a paper hard copy):
RETURN SLIP - DEEP NATURE ESHOP
Product order number: .....................................................................................
Product order date:..........................................................................................
Customer surname: ...................................................................................................................
Customer first name: ...............................................................................................................
Email address associated with the Customer's account: .............................................................
Customer's postal address: ....................................................................................................
Please indicate the Product references (shown on your order form) that you wish to return, and specify the reason for the return.
1/ I am exercising my right of withdrawal during the legal period of fourteen (14) days following receipt of the order for the Products.
2/ Products do not conform to the order.
3/ The parcel or the Product has been damaged during transport.
4/ Product is defective.
5/ Reaction to the Product.
6/ Other (please specify): ..........................................................................................................................................................................................................................................................................................................................................