These General Conditions of Sale prevail over all other Terms and Conditions specified in any other document, except by prior express written communication from DERMARGANE.COM. They apply to transactions completed on the online e-commerce with products referenced by DERMARGANE.COM on the website: http://Dermargane.com.
The parties agree that this contract is subject to French law.
The confirmation of orders passed on the http://Dermargane.com website.
The Client recognises that their agreement to these conditions does not require a handwritten signature, any order confirmed by the Client on the www.Dermargane.com website implies the prior acceptance of these General Conditions of Sale.
The Client declares they have full legal capacity to agree to these General Conditions of Sale.
The content of these General Conditions of Sales may be corrected at any time without prior notice. The applicable conditions are therefore those in effect on the website at the time of the order confirmation by the Client.
Being unable to verify the accuracy or completeness of all the information available on the website, our responsibility cannot be upheld particularly in the following events:
These General Conditions of Sale represent the entirety of the rights and obligations of both parties. The Client is therefore deemed to accept unreservedly all provisions of said conditions.
The price indicated for each of the products sold in the different categories is presented in Euros, VAT included. The shipping costs are invoiced below and are calculated according to the weight of the products and the delivery method chosen (for further details on shipping fees, please see Article 7). The sale price used when purchasing a product corresponds to that displayed online at the time of ordering on the website.
To pay for their order the Client can choose between various methods of payment offered on the order form. The payment should be made online using one of the following methods:
The order as confirmed by the client only becomes effective for DERMARGANE.COM when the bank payment centre concerned has given their agreement. In the case of refusal by the bank payment centre, the order will be automatically cancelled and the Client will be notified by email or post. Furthermore, DERMARGANE.COM reserves the right to refuse any order from a Client with whom there already exists an unresolved dispute.
Stipulations concerning payment by credit card (via CREDIT MUTUEL): DERMARGANE.COM is a partner of the CREDIT MUTUEL bank for your security when purchasing products from our website. When you go through the online checkout you will be automatically directed to our bank’s secure server. CREDIT MUTUEL uses the SSL standard encryption system. When you visit our payment page and are securely connected you should notice a padlock icon in your browser address bar and the browser address will show ‘https://’ at the beginning instead of ‘http:’. The entire payment process takes place only between you and the CREDIT MUTUEL bank. During this phase of your credit card order payment you leave our website for that of CREDIT MUTUEL payments. This is your guarantee that DERMARGANE.COM will not know any of your personal card details. CREDIT MUTUEL will not know the details of your order; only the total amount due for the order or invoice is transmitted to CREDIT MUTUEL Payments.
In order to reinforce the security of your purchases, DERMARGANE.COM belongs to the following payment systems; 3D SECURE, MASTER CODE, SECURE CODE. This system results in an ‘authentication’ for the user. The authentication procedure varies depending on the card issuing bank:
Stipulation concerning payment by bank cheque: Your order will be reserved for 7 days. After this time, if your payment has not been received then the order will be cancelled. The order will only be processed upon the receipt and processing of your cheque. Payment of the full amount due must be completed before the order is dispatched.
To confirm the Client’s intentions, orders are confirmed by email before dispatch. These confirmations are archived on the payment platform and will be considered as proof of the sales agreement and order date. The Client’s double click on the order form constitutes an electronic signature which has the same validity as a written signature between the two parties.
On the order confirmation email, the Client declares their acceptance of its contents including the terms of the present General Conditions of Sale, fully and without reserve.
The Client may print their order confirmation if they wish. At the time of the order confirmation, a receipt for the order will be sent to the Client’s email address.
This receipt notification states the exact amount invoiced to the Client and the terms of delivery of their order.
This receipt notification implies acceptance of the order and validates the transaction.
DERMARGANE.COM however reserves the right to cancel any order by a client with whom there is an ongoing dispute related to the payment of a previous order.
To ensure maximum protection regarding client data, only the CREDIT MUTUEL bank has access to the card number. No data storage is performed on our computer system. Regarding payment by cheque, DERMARGANE.COM reserves the right to clear the cheque payment before dispatching an order, even if authorised.
Products ordered by the client in accordance with the present General Conditions of Sale will be delivered to the address indicated by the Client on the respective order (‘Delivery Address’).
DERMARGANE.COM delivers to all countries in the European Union, except Cyprus and Malta, and also delivers to Monaco and internationally.
Purchase invoices are sent by email to the email address indicated by the Client during their online registration on the DERMARGANE.COM website.
DERMARGANE.COM declines all responsibility in the case of delay or non-delivery due to the transmission of incorrect or incomplete information relating to the delivery address indicated by the Client.
DERMARGANE.COM will not be held responsible in case of problems occurring during the transport of orders (torn packaging, open packets...) or if a person other than the addressee should open it. If a problem should occur then you should lodge a complaint with the appropriate transport company or the post office branch responsible and send us a statement issued by the distribution centre for your area to obtain damages and send you a replacement package. If these documents are not received by us then this will result in a loss for the Client.
Upon delivery, a delivery notification or receipt must be signed by the Client or package addressee.
This receipt acts as proof of delivery by DERMARGANE.COM and the receipt of the package and products ordered by the Client or package addressee.
In the case of absence, the Client or package addressee will receive a notification of passage enabling them to collect the order package at the post office branch specified on the notification within fifteen (15) days.
After this time period, the package is returned to the sender. In this case, the Client will be refunded the total order amount, with the shipping costs deducted, by one means or another, at the choice of DERMARGANE.COM.
No dispute can be registered if the package appears to have been delivered as confirmed by the post office’s computerised delivery system.
Upon delivery, the Client or package addressee is given the package by the Chronopost delivery agent and asked to electronically sign a notice of receipt. This electronic delivery notice acts as proof of delivery by DERMARGANE.COM and receipt by the client or addressee of the package containing the items ordered.
In the case of absence, the Client or package addressee will receive a notice of passage enabling them to contact the transporter through the contact information on the notice to arrange delivery on another date.
In the case whereby the package is not collected within a period of 10 days following the delivery agent’s notification of passage, the package will be returned to DERMARGANE.COM and the Client will be refunded the total order amount less postage costs, by one means or another, at the choice of DERMARGANE.COM.
No dispute can be registered if the package appears to have been delivered as confirmed by the transporter’s computerised delivery system.
It should be noted that DERMARGANE.COM reserves the right to change the international transporter if they deem it necessary. The choice of DERMARGANE.COM to do so will be without consequence for the Client.
The Colissimo International network is supported in each of the countries by one of the local postal services. The delivery arrangements therefore differ from one country to another.
Generally speaking, at the delivery a notice of delivery or receipt must be signed by the Client or order package addressee.
This notification of receipt serves as proof of delivery for DERMARGANE.COM and as a receipt for the package and items ordered by the Client or package addressee. If the package cannot be delivered in the presence of the Client or package addressee the latter will receive a notification of passage detailing the location of the post office where they may collect the package within a period of 10 – 21 days. However, the delivery arrangements may vary from one country to another and the Client is recommended to track the package using the tracking link in the dispatch email relating to their order to obtain information relative to their order delivery.
In the case whereby the package is not collected within 10 to 21 working days after the receipt of the notification of passage (or the first time the local postage service tries to deliver it) then the package will be returned to DERMARGANE.COM and the Client refunded by one way or another, the choice to be made by DERMARGANE.COM. The amount refunded will be the total order amount less shipping costs.
No dispute regarding the delivery itself can be registered if the package appears to have been delivered as confirmed by the local post office’s computerised delivery system.
Upon delivery, the Client or package addressee receives the package from a UPS agent and electronically signs a receipt. This electronic receipt acts as a proof of delivery for DERMARGANE.COM and acknowledges receipt of the order and products contained therein by the Client or package addressee.
In the case of absence, the Client or package addressee will receive a notification of passage which states the information required to enable them to contact the transporter and arrange a new delivery date.
In addition, the transporter will make two further attempts in the two working days following the initial visit by UPS. If the delivery has still not been accomplished following these three attempts then a card will be sent to the Client or package addressee by post indicating that the package will be held for five working days at the closest UPS centre to their home address. The Client or package addressee may then collect the package from this centre. After this time the package will be returned to DERMARGANE.COM and the Client will be refunded the total amount of their order, excluding shipping costs, by one means or another, the choice of the method will be at the discretion of DERMARGANE.COM.
No dispute can be registered if the package appears to have been delivered as confirmed by the transporter’s computerised delivery system.
The delivery periods for mainland France and Monaco are as follows:
- Recorded Colissimo: 3 to 5 working days.
- Chronopost: 1 to 3 working days.
- For Corsica, the delivery periods will take 1 or 2 extra working days.
The delivery period comes into effect upon sending the order confirmation email. Dispatch takes place by mail within 72 hours of the receipt of payment by credit card. For payments by cheque, the delivery period depends on the payment confirmation date from your bank (+/- 7 working days). The delivery period may vary depending on the size or weight of your package. It is given here simply for indicative purposes, any delay does not entitle the Client to cancel the sale, refuse the goods or claim damages. DERMARGANE.COM cannot be held responsible for a delivery error due to a mistake in the postal address by the client. All claims must be sent by post to DERMARGANE.COM, 41 Rue des Etudiants – 92400 COURBEVOIE, or by email to: info(at)Dermargane.com.
In the case whereby this delivery period exceeds 7 working days and is not due to force majeure, the Client has the possibility, within a maximum period of thirty working days following the maximum delivery period indicated for the products, to cancel the order by registered letter with notice of receipt sent to the address indicated in the ‘Contact Us’ section of the DERMARGANE.COM website.
The sales contract will be considered as annulled upon the receipt by the Company of a letter from the Client stating their decision, if the delivery is not completed between the sending and receipt of this letter.
The total amount paid by the Client will be refunded, in the form of a credit note or refund, at the Client’s choice, if the entire order is returned as soon as possible within thirty days after the date that the Client exercises their right to request the cancellation of their order.
No compensation or penalties for late delivery other than a refund for the products can be claimed by the Client from the Company whatever the cause and consequences, direct or indirect.
In accordance with Article L 121-20 of the Consumer Code, the Client has a period of 14 days from the delivery date of their order, to request an exchange or refund for an item. This guarantee however only applies to items returned in good resale condition. In particular, the returned item must be accompanied by a carefully completed return note (enclosed with the order upon delivery). The return postage remains the responsibility of the Client, except in the case of error on our part. Returned items must be sent by post to: DERMARGANE.COM – 41 Rue des Etudiants – 92400 CORBEVOIE. If the Client exercises their right of retraction DERMARGANE.COM undertakes to refund the amount initially paid (except for shipping fees) within a period of thirty days.
If this period expires on a Saturday, Sunday or holiday then it is extended until the next working day.
The items concerned must be returned intact by the Client and in perfect condition in their original packaging, placed inside a new outer packing. Due to hygienic reasons, cosmetic and makeup products should be returned intact in their original packaging and in perfect condition for resale. The opening of any beauty products (cosmetic and makeup products) makes them unfit for resale purposes, and any cosmetic or beauty product that has thereby been opened, used, damaged or with the original packaging damaged in any way cannot be refunded, exchanged or returned.
To better enable the Company to follow the retraction in its system files it is highly recommended that Clients state clearly on the return package the initial order number and notify that they are exercising their right of return (or Retraction) either by email (see section ‘Contact Us’) or by registered signed for post at the following address: DERMARGANE.COM – 41 Rue des Etudiants – 92400 COURBEVOIE, stating clearly and legibly their contact details and order references.
The company reserves the right to reject any returns that are non compliant with the conditions stated above.
The company will not accept packages sent with postage payable on delivery or against a refund.
To avoid any dispute it is highly recommended that Clients wishing to exercise their right of retraction return their products in a similar manner as that of the original delivery (Tracked Postal Colissimo or Chronopost) with a declared value corresponding to that of the initial order price, and keep safe their proof of dispatch (parcel number reference) until the full refund of their order.
You may opt for a product exchange, refund or credit note.
The refund will be made by cheque within 30 days following the receipt of your request and according to the following procedures:
- If the package is returned unopened we will refund the amount of your order, excluding shipping fees and a restockage fee calculated as follows: €1 per product unit (with a minimum charge of €2.50).
- If the product is returned as a result of our responsibility, we will reimburse the amount of your order, including shipping costs.
- If the package arrives at your home or at the post office in a damaged condition you will need to file a claim with the appropriate postal services who will provide you with a statement that should be sent to us as soon as possible.
In that case, we will be notified by the services concerned and can rely on the transporter’s guarantee to ensure that your order is sent as soon as possible by post.
Without this, no refund may be approved.
The Client, or the package addressee, is requested to check the condition of the package and the products at the time of delivery.
In the case whereby damage is noticed regarding the package (damaged packaging, opened package, traces of liquid…) or regarding the product(s) ordered (item(s) missing or damaged), the Client or the package addressee should carefully follow the procedure described below (Articles 9.2 and 9.3 of these General Conditions of Sale) that corresponds to the Order conditions. The non-respect of the correct procedure may result in exclusion to any rights of recourse against the transporter or DERMARGANE.COM, the Client will not be entitled to any refund in that case. The Client or the package addressee will also not be entitled to claim a redelivery of the products ordered from DERMARGANE.COM.
It is also possible for the Client or package addressee to contact the Customer Service of DERMARGANE.COM to enquire about the returns policy relative to damaged items. The returns procedure for damaged items as detailed by the Customer Service agent of DERMARGANE.COM should then be carefully followed by the Client. If the procedure as detailed by the agent is not carefully followed by the Client than the latter may not be entitled to claim any refund or exchange of the items concerned.
In the case of a fault noted in the presence of a Chronopost agent
In the case of a fault detected whilst not in the presence of a Chronopost agent
The notification and detailed report of issues detected should be made within three working days.
In the case of a fault noted in the presence of a UPS agent
In the case of a fault detected whilst not in the presence of a UPS agent
The notification and detailed report of issues detected should be made within three working days.
The Client or package addressee should notify the absence or damage of an item to the Customer Services within 5 working days of delivery.
Customer Services at DERMARGANE.COM may request all information relating to the Client’s identity or that of the package addressee and proceed with any verification deemed necessary on this occasion.
Our product offers available on the website are only valid within the limits of stock available. In the case of the unavailability of an item after your order has been placed we undertake to inform the Client within 5 days and indicate the waiting time for receipt of the product concerned.
In this case, the Client may, if they wish, request a cancellation within a maximum of 7 days (refund to be made by cheque within a period of 30 days) or the replacement of the item by sending us an email at: info(at)Dermargane.com.
Our promotional offers are only valid within the double limit of the offer duration concerned and the amount of stock available.
The decorative items and accessories are manufactured by hand by craftsmen. Each item is a unique product, handmade by a craftsman. Therefore slight variations of finish or colour of the products, in accordance with handmade items, may appear and do not fall within the responsibility of DERMARGANE.COM.
The Client may select one or several items from the different product ranges and categories available on the DERMARGANE.COM website.
DERMARGANE.COM may change the range of products available for sale on its website at any time, notably in accordance with constraints related to their suppliers, without prejudice to orders placed by Clients.
In accordance with Article L.111-1 of the Consumer Code, the Client may, prior to placing their order, read the details and characteristics of the item(s) they wish to order on the DERMARGANE.COM website.
The products comply with current French legislation. DERMARGANE.COM cannot be held responsible for the non-compliance of products to the legislation in the country of delivery (example; in the case of a prohibited product). It is the Client’s responsibility to verify the legislation with the local authorities in the country of delivery regarding the importation and use of products and services they intend to order.
DERMARGANE.COM cannot guarantee that the information written on the packaging of the products will be translated into all European languages. In all cases, this information will be available in at least French and/or English.
DERMARGANE.COM retains ownership of the products ordered until the full and complete payment of the amount due has been effected. If, for any reason, the product(s) has/have been delivered without full payment of the amount due then DERMARGANE.COM may recover the item(s). Notwithstanding the foregoing, the Client is responsible for all items upon and as from their delivery, including the risks of loss or damage to the products subject to retention of ownership and any damages caused by them.
The collection of personal information for the purpose of remote sales is obligatory. This information is necessary for processing and delivering orders, preparing invoices and guarantee contracts, the failure to provide correct information can lead to the cancellation of the order. In accordance with current Internet practise, the Client has the right to access, modify, correct and delete data that concerns them. They may do this by contacting DERMARGANE.COM by mail at: DERMARGANE.COM – 41 Rue des Etudiants – 92400 COURBEVOIE, or by email at: info(at)Dermargane.com.
Furthermore, DERMARGANE.COM formally agrees to keep all information on its Clients strictly confidential, and in particular not disclose it to any third party.
The products available are in accordance with current French legislation.
If the responsibility of Dermargane.com should be upheld due to the non-performance or incorrect performance of its services, the total amount of compensation due cannot exceed, by express agreement, a total amount equal to the price of the product concerned.
The pictures and descriptive texts relating to and illustrating the displayed products are not contractual.
Consequently, DERMARGANE.COM cannot be held responsible in the case of error in one of the photographs or descriptive texts.
DERMARGANE.COM cannot be held responsible for breach of contract due to a shortage of stock or product unavailability, force majeure, disruption or total or partial strike of postal services, transport services and/or communications.
DERMARGANE.COM accepts no responsibility for any indirect damages due to the present; trading loss, loss of profit, loss of opportunities, damages or expenses.
The hypertext links may lead to websites other than the present.
DERMARGANE.COM refuses all responsibility in the case whereby the content of these websites contravenes laws and regulations in force.
The responsibility of DERMARGANE.COM concerning the present General Conditions of Sale cannot be upheld in the case whereby a breach in its obligations is due to actions of a third party, even if this was predictable, or the fault of the Client, or due to a force majeure event as defined by French legislation or any other event that is not reasonably under the entire and exclusive control of DERMARGANE.COM.
The information available on the website is provided ‘AS IS’ without guarantees of any kind, express or implied, notably concerning the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the DERMARGANE.COM website or the suitability of use foreseen by the Client. DERMARGANE.COM cannot be held responsible regarding the items sold on the website notably in the cases of non-compliance with instructions for use. The responsibility of DERMARGANE.COM cannot be upheld for damages incurred by the Client or a third party subsequent to this improper use.
DERMARGANE.COM REFUSES ALL RESPONSIBILITY RELATED TO DAMAGES, DIRECT OR INDIRECT, FORESEEABLE OR NOT, RELATED TO THE USE OF ITS WEBSITE. IN THE CASE WHEREBY THE RESPONSIBILITY OF DERMARGANE.COM IS ESTABLISHED CONCERNING DAMAGES SUSTAINED BY THE CLIENT THAT ARE EXCLUSIVELY ATTRIBUTABLE TO THE COMPLETION OF AN ORDER THEN THIS IS LIMITED TO THE AMOUNT PAID BY THE CLIENT TO DERMARGANE.COM FOR THE ORDER CONCERNED.
Any claim filed by a user, including buyers, against DERMARGANE.COM must be made within 6 months of the event or incident concerned.
The sale of products on the Dermargane.com website are subject to French law whatever the client’s country of residence and the country where the order is submitted.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR RUPTURE OF A CONTRACT MADE BETWEEN DERMARGANE.COM AND THE CLIENT, EVEN IN THE CASE OF MULTIPLE DEFENDERS, WILL BE, UNLESS AMICABLY RESOLVED, SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS UNDER THE LAWS ISSUED BY THE FRENCH CODE OF CIVIC PROCEDURE.
All the elements, designs, models, logos, music, graphics etc... that feature on the www.Dermargane.com website are the exclusive property of the company DECORIENTAL, the latter bestows the visitor no licenses, permits or rights beyond that of consulting the website.
The reproduction or use of all or any part of these elements is authorised solely after prior written approval, any reproduction or use of copies made for further uses is expressly prohibited.
Any other use constitutes infringement and is punishable under the Intellectual Property Law.
Under the Data Protection Act of 6 January 1978, the Client has the right to access, correct and delete their personal data.
The Client may receive information concerning our offers by email or post.
If the Client does not wish to receive these communications they simply need to inform us by email at info(at)Dermargane.com stating their name, address, and, if applicable, their client code.
If any provision of these General Conditions of Sale is declared invalid under a current regulation or law it will be deemed to be non-existent but will not result in the invalidity of the contract.
For all information, requests or advice, the Client may contact our customer service:
- By telephone: +33 1 85 80 1010
- By email at: info(at)Dermargane.com