general terms and conditions
The term "Company" in the text refers to: SAS DIVABOX, a simplified joint stock company with a capital of 40,000 Euros, registered in the AJACCIO Trade and Companies Register under the number 301 242 772 001 37, whose registered office is located at 20090 AJACCIO
The term "Site" in the text refers to: the website, connected to the Internet network, whose electronic address is the following: http://www.my-origines.com
The term "Products" in the text refers to: all the perfumery articles, cosmetic and beauty products, beauty products and accessories, put on sale through the "Site".
The term "Customer" in the text refers to: the buyer, natural person or legal entity, non-professional acting as a consumer and placing an order on the "Site".
The term "Parties" in the text refers to: the "Company" and the "Clients" collectively.
The "Company" sets up an activity of online retail sale of "Products" through the "Site" which presents said "Products" in a digital catalogue to potential "Customers".
The "Site" is published by the "Company" which holds full ownership of it.
The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential "Customer" about the conditions and procedures under which the "Company" proceeds with the sale and delivery of the "Products" ordered and, on the other hand, to define the rights and obligations of the parties in the context of the online sale of the "Products" by the "Company" to the "Customers".
These general terms and conditions of sale apply, without restriction or reserve, to all orders, sales and related services of the "Products" offered by the "Company" on the "Site".
Consequently, the fact that any person orders a product offered for sale on the "Site" implies full and complete acceptance of these general terms and conditions of sale, which the "Client" acknowledges having read prior to placing the order.
The "Company" reserves the right to modify these general terms of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to an order placed by a "Client" on the "Site" are those accepted by the latter at the time of placing the said order.
The present General Terms and Conditions of Sale complete the conditions of use of the www.my-origines.com website, which are available at any time in the "Legal Notice" section of the "Website" and are applicable to "Customers".
www.my-origines.com is a website for the online sale of perfumery, cosmetics, beauty and beauty accessories.
In accordance with the provisions of article L. 111-1 et seq. of the French Consumer Code, the "Customer" may, prior to placing an order, take note, on the "Site", of the essential characteristics of the product(s) he wishes to order by clicking on the product.
The "Company" obtains its "Products" from manufacturers who have expressly agreed to be listed in the digital catalogue of the "Site".
The offers presented by the "Company" are valid within the limits of available stocks. For the "Products" not stored in its warehouses, the offers presented by the "Company" are valid subject to their availability
For each "Product", the essential qualitative and quantitative characteristics are obtained directly from the manufacturers and appear on the product sheets.
The "Company" may at any time add new "Products", delete all or part of the "Products" sold or presented in the digital catalogue of the "Site", change their presentation or cease to market them on its "Site", without prejudice to the orders placed by the "Client", and without being obliged to give prior notice to the "Client",
The "Products" listed on the "Site" are offered for sale and delivery in the following geographical territory: European Economic Area.
Article 3.1 : the e-gift card
PURPOSE
The present general conditions of use govern the conditions of use of the MYORIGINES e-gift cards issued and distributed by MyOrigines, by any physical person holding an e-gift card "the beneficiary" wishing to place an order on the website /en/.
PURCHASE
The e-Card can be purchased on the Internet site under the conditions described in the General Terms and Conditions of Sale.
No cancellation or refund can be made for the purchase of an e-gift card.
VALIDITY OF THE E-GIFT CARD
The e-gift card is valid for twelve (12) months from the date of purchase.
At the end of the validity period, the Card can no longer be used. The remaining balance on the e-Card will then be lost. The e-Card will not be renewed or exchanged.
USE OF THE E-CARD
Can be used in one or more instalments up to its amount. Can be supplemented by another means of payment.
Cannot be exchanged or reimbursed, even partially, particularly in the event of loss or expiry.
While taking the greatest care in putting the information and data available free of charge on the "Site" online and in updating them, the "Company" cannot be held responsible for any inaccuracies, errors or omissions that may have crept into the description of the "Products" communicated to it by the manufacturers.
Furthermore, the "Company" shall not be held responsible for typographical errors appearing on the "Site" beyond its control or for a product visual that is not up to date. Similarly, the photographs and graphics in the digital catalogue which illustrate the "Products" in support of the text are only indicative and do not fall within the contractual field. They are therefore not binding on the "Company", which may not be held responsible for any inaccuracies or errors that may be introduced.
More generally, the Company cannot be held responsible for :
- interruptions or delays recorded on the "Site" due to the execution of maintenance work, technical breakdowns, force majeure, the actions of third parties or any circumstances whatsoever, beyond its control;
- the impossibility of momentarily accessing the "Site", due to facts beyond its control, such as interruptions in the Internet network or failure of the "Customer's" equipment to receive the Internet network.
Article 5.1: Placing orders
Any order for a "Product" offered on the "Site" implies the consultation and express acceptance of these general terms and conditions of sale, without prejudice to any specific contractual conditions agreed between the "Parties".
Consequently, the fact that any person orders a product offered for sale on the "Site" implies full and complete acceptance of these general terms and conditions of sale, which the "Customer" acknowledges having read prior to ordering.
The "Customer", prior to placing an order, declares that :
- the purchase of products on the "Site" is not directly related to a professional activity and is limited to strictly personal use;
- that he/she has full legal capacity, allowing him/her to commit to the present general conditions of sale.
Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent, will be considered by the "Company" as null and void.
The placing of an order on the "Site" is subject to strict compliance with a procedure described below and made concrete online by a succession of different screens on which are indicated the different phases that the "Client" must follow in order to have his order validated by the "Company".
Orders are placed online, in accordance with the order form on the "Site" (click: Add to order account).
The "Client" undertakes to ensure that the information provided to the "Company" is complete, accurate and up-to-date. In the event of incomplete or inaccurate information, the "Company" reserves the right to cancel the order and the payment.
The order can be made for several delivery addresses. The "Company" reserves the right to refuse or cancel any order from a "Client" with whom it is in dispute regarding a previous order.
Any corporate customer wishing to make a group purchase is invited to contact the "Company". Indeed, a corporate client will not be able to make a group purchase and benefit from the same advantages as an individual client, in particular with regard to the rules governing the accumulation of advantages during the purchase.
The "Company" reserves the right to refuse or cancel the order if it considers that the customer is engaged in distribution or carries out an economic activity thanks to the products thus ordered, or for any other legitimate reason.
Pursuant to Article L.213-1 of the French Consumer Code, when an order is for an amount equal to or greater than €120, the "Company" shall keep the written record of the contract concluded between itself and the "Client" by electronic means for a period running from the conclusion of the contract until the date of delivery and for a period of 10 years. The "Client" will then have access to this document at any time, upon request to the "Company".
In accordance with the French Data Protection Act of 6 January 1978, the "Client" has the right to access, modify, rectify and delete personal data concerning him/her. To exercise this right, he/she simply needs to send a letter to the "Company".
On the order form, the "Customer" must also enter and validate the identification and quantity of the "Products" ordered (the availability of which is to be confirmed by the "Company" if necessary), as well as the purchase prices (also to be confirmed by the "Company" if necessary). As this is an exclusively retail sale, the quantity that a customer may order of a given reference is automatically limited, in accordance with the recommendations issued in this respect by the manufacturers.
It is specified that the same "Client" may only order a maximum of 9 products of the same reference, per order. In the event of an order for a greater quantity of a given reference, the quantity of this reference will be reduced to 9 and a refund corresponding to the excess will be made.
The online "Customer" can freely fill in his order account, delete an item he no longer wishes to purchase, modify the quantities ordered or add a "Product" by clicking on the corresponding buttons.
The "Customer" must then validate the billing address and the place of delivery, as well as the chosen method of payment: cheque, bank card, with or without additional payment by gift voucher, or loyalty voucher.
Once all this information has been entered and validated, the "Client" clicks on the "Validate" button and the order form is sent directly to the "Company" department. The "Client" then sees his order number displayed.
The "Client" has the possibility to check the details of his order and to correct any errors. From the moment the "Client" confirms his/her order by clicking on the "Validate" icon, he/she is considered to have accepted, with full knowledge of the facts, the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered by him/her.
Orders are binding on the "Client" as soon as the "Company" has received the order form duly completed and validated by the "Client" by clicking on the "Validate" button.
However, the order is only completed subject to confirmation of the order by the "Company" to the "Client" by e-mail, including all the information communicated by the "Client" with an indication of any difficulties or reservations raised by the order (availability of the "Products" ordered or method of payment chosen).
The "Company" recommends that the "Client" keep the information contained in the order confirmation sent by the "Company" on a paper or computer document
Article 5.2 : La Roche Posay, Vichy, Skinceuticals and Roger & Gallet brands
The sale of La Roche Posay, Vichy, Skinceuticals and Roger & Gallet products is limited to visitors to the site who are established or resident in the European Economic Area or in the territories of the European Free Trade Association (Norway, Switzerland, Iceland and Liechtenstein).
The sale of La Roche Posay, Vichy, Skinceuticals and Roger & Gallet products is limited to six (6) identical products per day, per order and/or per person. Any request for delivery exceeding this number will be refused and the supplier will be informed. Product sales are reserved for natural persons for their personal use and consumption and for authorised distributors.
Article 5.3: Pierre Fabre Dermo Cosmetics Brands
Pierre Fabre Dermo Cosmétique (A-derma, Eau Thermale Avène, Ducray, Elancyl, Klorane and René Furterer) limits the sale of its Products to 6 identical references sold to the same end user during a period of 15 consecutive days.
We are obliged to inform Pierre Fabre Dermo Cosmétique of any delivery request exceeding this number.
In general, it is expressly agreed between the "Parties" that e-mails will be deemed authentic between them, as will the automatic recording systems used on the "Site", particularly as regards the nature and date of the order.
Once the order has been validated, no changes (product cancellation, change of address, addition of gift packaging, etc.) may be made.
Article 8.1: Prices
The sale prices of the Products on the Site, indicated in euros, are those in force at the time the Client places the order. These prices may be modified by the Company at any time. The Client will be informed of any price changes before placing an order. The prices shown on the Site are applicable in the context of distance selling.
The sale prices of the Products on the Site do not include shipping costs, which are invoiced in addition to the price of the Products purchased. The shipping costs will be indicated before the order is placed by the Customer, depending on the delivery method chosen by the Customer.
The sale prices of the Products on the Site include the value added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate shall be automatically reflected in the price of the Products sold by the Company on its Site.
The Client may also benefit, during certain specific periods, from promotional offers on certain Products. These offers will be announced online on the Site and will be valid for the period indicated and always within the limits of available stocks.
Article 8.2: Comparative price
The reference price corresponds to the average price at which the same product is sold by a panel of e-commerce sites competing with our own, comprising between 1 and 3 competing sites representing between them the majority of online sales of "cosmetic beauty products" in France and Europe.
The prices of competing e-commerce sites are collected by an independent professional service provider (the company Netrivals).
This survey is carried out daily and is available on request by e-mail: info@my-origines.com
For products that are not included in the daily price survey (carried out by the independent professional service provider), we will use the selling price recommended directly by the seller of the products in question as the price for comparison.
Where a discount sticker is displayed on one of our products, this is the percentage discount between the average comparison price on competitor sites (or the seller's recommended retail price where applicable) and the price we charge (on a comparable product, excluding delivery and associated services).
Details of how the discount percentage is calculated:
The average comparable price of a product is calculated once a week.
It is based on the average price of the product charged by competing e-commerce sites over 15 rolling days (from the week prior to the price update).
The 15-day rolling average price is based on the daily price recorded by an independent professional service provider (or, where applicable, the seller's recommended retail price).
Article 8.3 : Sale price
The sale price (excluding delivery charges and associated services) is the price at which a product is sold during a promotional period, compared to the lowest price at which it has been sold on our site during the previous 30 days.
The discount percentage shown is the difference between the lowest price during the last 30 days and the price offered during the promotion.
Article 8.4 : Invoicing
An invoice is drawn up for each delivery and made available to the "Customer" in his personal space.
Any complaint concerning the invoices must be brought to the attention of the "Company" by e-mail within 10 days of their receipt. Otherwise, they shall be considered accepted without reservation. The possible incomplete delivery of an order cannot justify the refusal of payment for the "Products" delivered.
Any dispute between the "Parties" shall in no way be a cause for suspension of the payment of the undisputed part of the invoice.
Article 8.5: Payment
Payment must be made by the "Customer" when ordering online. At no time may the sums paid be considered as a deposit or advance payment.
All orders are payable in euros, including all taxes and compulsory contributions. Any bank charges (such as exchange commissions) remain the responsibility of the "Customer", including in the case of a refund.
To pay for his order on the "Site", the "Customer" has the following payment methods: Bank card, Bank cheque, Bank transfer, Online voucher.
- Payment by credit card:
The bank cards accepted on the "Site" are the following: Carte Bleue, Visa, Master Card and must be issued by a bank or financial institution located in the European Union or Monaco
Payment is made after clicking on "CB or VISA payment". The transaction is then carried out by the "Client" in accordance with banking security standards. Thanks to the technical characteristics of the encryption software used on the "Site", the bank details (bank card number and its expiry date) communicated by the "Customer" cannot be intercepted by a third party. As a result, none of this information is transmitted or stored on the Internet. By providing his/her bank details, the "Client" accepts in advance and unconditionally that the "Company" may proceed with the secure transaction. The "Client" therefore authorises his bank in advance to debit his account on the basis of the records or statements sent by the "Company", even in the absence of invoices signed by the cardholder. The authorisation to debit the "Client's" account is always given for the amount of the "Product" purchased as invoiced by the "Company".
- Payment by bank cheque:
Payment by bank cheque must be requested from the "Company" either by telephone or by e-mail in order to be activated on the "Client's" account. Once activated, the "Client" can place his/her order and validate it by cheque.
Payment by cheque is made by post. The "Company" requires payment at the time of ordering, with delivery taking place as soon as the "Client's" bank cheque is received and cashed.
The "Client" must, in fact, after having placed the order by clicking on the "Validate" button on the order form, duly filled in and verified by him/her, and after having received confirmation of the order by e-mail from the "Company", send his/her payment cheque to the "Company" by post, taking care to respect the amounts indicated, to the "Company" address.
- Payment by bank transfer:
Payment by bank transfer must be requested from the "Company" either by telephone or by e-mail in order to be activated on the "Client's" account. Once activated, the "Client" can place his/her order and validate it by transfer.
The "Company" requires payment at the time of ordering, with delivery taking place upon receipt and collection of the "Client's" transfer.
The "Client" must, in fact, after having placed the order by clicking on the "Validate" button on the order form, duly filled in and verified by him/her, and after having received confirmation of the order by e-mail from the "Company", send the payment transfer, taking care to respect the amounts indicated, to the "Company's" bank account as indicated in the confirmation letter.
- Payment by online voucher
Online vouchers are vouchers issued exclusively by the "Company" and can only be used by their beneficiary on the "Site". They are valid for one year from the date of issue and cannot be used in shop.
In any case, and whatever the chosen method of payment, the "Client" guarantees the "Company" that he/she has the necessary authorisations to use the method of payment he/she has chosen for his/her order, when registering his/her order form.
The "Company" reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the "Client", in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the "Site".
Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to unpaid amounts at the end of a period of ten days following the date of payment or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment or partial payment of a previous order, notwithstanding the provisions hereof.
The "Company" reserves the right to request a photocopy of the identity card and/or, if applicable, the bank card (front only) of the Buyer, and/or proof of address for the billing and delivery addresses, for any payment by bank card or bank cheque.
In the context of the fight against Internet fraud, the information relating to your order may be transmitted to any third party authorised by law or designated by the "Company" for the sole purpose of verifying the identification of the Buyer.
Article 9.1: General rules
The "Products" that are the subject of a definitive order from the "Customer" under the conditions described in article 5 above will be delivered to the address indicated on the order form, only in the following geographical territory: Metropolitan France, Belgium, Luxembourg.
Purchase invoices are sent by e-mail to the e-mail address indicated by the "Customer" when registering on the "Site".
Deliveries are only made according to availability and in the order of arrival of orders. In the event that one of the "Products" ordered is out of stock, the "Company" will inform the "Client" of the new availability of the "Products", and will proceed, unless the "Client" immediately instructs otherwise, with partial delivery of the order.
Article 9.2 : Delivery characteristics
Delivery is made by a carrier. It takes effect at the time of collection of the "Products" by the carrier. The risks associated with transport are therefore borne by the "Customer".
The parcel is delivered at home and handed over against signature either to the "Customer" or to the addressee of the ordered products, or, at the discretion of La Poste, to another person, in particular any person attached to its service, living with it, specially mandated, provided with a power of attorney or to an identified third party.
When the parcel could not be delivered for the reasons mentioned above (insufficient size of the mailbox and/or absence of the addressee), the "Customer" or the addressee of the order receives a notice of passage, allowing him to withdraw the ordered products at the post office indicated on the notice of passage, during a period of fifteen days. After this period, the package is returned to the sender.
When the parcel could not be delivered due to an erroneous or incomplete delivery address entered by the "Customer", the "Customer" may request either a new shipment to the address of his choice by paying the reshipment postage costs, or a refund of his order less the initial postage costs, whether or not these were offered to him.
No dispute relating to the delivery itself is possible if the parcel appears to have been delivered, the computer system of the Post Office being the proof.
In the presence of an apparent anomaly in the parcel (in particular a damaged parcel, an open parcel, traces of liquid, etc.), the "Customer" or the recipient of the ordered products must not open the parcel but is invited to bring it back unopened within five working days to a post office and to have a "spoliation report" drawn up there.
The opening of the said package excludes any recourse to the Post Office. He is also invited to report the problem encountered to the "Company" by any means.
In the presence of an anomaly regarding the content of the package (missing product, damaged product, ...), the "Client" or the recipient of the ordered products is invited to report the problem to the "Company" by any means.
Article 9.3 : Delivery times
Delivery times are set in good faith as accurately as possible but are given as an indication only.
For any order confirmed from Monday to Friday (excluding public holidays) on the "Site", the preparation of the order will take place the following day, subject to availability.
An order is considered confirmed when it has been validated by our anti-fraud control system. However, if the order placed by the customer requires additional investigations by the anti-fraud service in order to be validated, the starting point of the delivery time chosen by the customer will be shifted by the time required by the service to process the customer's file and validate the order (excluding the time required to prepare the order).
Following validation of the order under the conditions described in article 5 above, delivery will take place within a period of less than or equal to 20 days, including the time required to prepare the order.
In accordance with the provisions of Articles L. 114-1 and R. 114-1 of the French Consumer Code, for any order with a price exceeding €500, the "Company" undertakes to deliver the "Products" ordered within a maximum period of one month.
For these orders whose price exceeds €500, in the event that this period is exceeded by more than 7 days and is not due to force majeure, the "Client" shall have the option of cancelling the order by registered letter with acknowledgement of receipt sent to the "Company". The "Company" will then proceed with an enquiry with the carrier concerned prior to the reimbursement of the undelivered products ordered.
For those orders where the price exceeds €500, the "Client" may exercise this option to cancel the order for failure to deliver within the contractual period, within a maximum period of sixty working days from the date on which the maximum period indicated for the delivery of the products is exceeded. The totality of the sums paid by the "Customer" will then be returned to him, in the form of a credit note or a refund at his discretion if the entire order is returned, to the exclusion of any other compensation or damages.
The refund will be made as soon as possible and at the latest within thirty days following the date on which the "Customer" exercised his right to cancel his order. The "Customer" shall also have the possibility of accepting a new delivery date without being able to demand a price reduction or damages. In any event, delivery within the time limit can only be made if the "Client" is up to date with its obligations towards the "Company", whatever the cause.
For any other order whose price does not exceed €500, a delay in delivery may not, under any circumstances, give the right to cancel orders in progress, and no compensation or penalty for late delivery may be claimed, whatever the causes, and direct or indirect consequences.
The "Company" will keep the "Client" informed, within a reasonable period of time, of cases and events of force majeure likely to disrupt the delivery process of the Product ordered.
In the event of an exceptional stock shortage, the "Client" will be informed by e-mail or telephone. The "Customer" may then request a partial delivery and a later shipment of the item(s) concerned or request a refund of the amount of the undelivered products.
It is the responsibility of the "Customer" upon receipt of the "Products" to verify without delay their conformity and integrity. In general, the reservations or observations made on the delivery note must be complete and precise. In particular, they must define the damage precisely, including the order number.
Article 11.1 : Right and legal withdrawal period
In accordance with the provisions of article L.221-28 of the French Consumer Code, the opening of beauty products (cosmetic and make-up products) renders these products unfit for any further marketing, the Customer has no right of withdrawal and any cosmetic product that has been opened, damaged or whose original packaging has been unsealed will not be reimbursed, taken back or exchanged, for reasons of hygiene and health protection.
Subject to the exceptions defined in article L.221-28 of the French Consumer Code, and in particular the one mentioned in the previous paragraph, the Customer has, in accordance with article L.221-18 of the French Consumer Code, a period of fourteen days from the date of receipt of the Product to exercise his right of retraction. When the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The Customer may exercise his right of withdrawal :
- either by a written letter sent to the following address SAS DIVABOX - CS 14001 - 20700 AJACCIO CEDEX 9;
- or by e-mail to the following address: info@my-origines.com.
You can use the following withdrawal form:
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Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of SAS DIVABOX - CS 14001 - 20700 AJACCIO CEDEX 9.
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Order number :
Received on :
Customer's name :
Customer's address :
Customer's signature (only if this form is notified on paper) :
Date :
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The Customer must return the Product(s) without undue delay and, at the latest, within fourteen days of communicating his/her decision to withdraw, to the following address SAS DIVABOX - CS 14001 - 20700 AJACCIO CEDEX 9.
The Products concerned must be returned by the Customer complete, in perfect condition and in their original packaging, placed in a blank box in order to allow the Products to be sold again. The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
In order to facilitate the processing of returns, it is strongly recommended that Clients mention the initial order number on their return and/or attach the Return Form sent with the delivered products, signed by the recipient of the order.
The Company reserves the right to refuse any return sent after the legal retraction period.
The Company does not accept parcels sent with postage due or cash on delivery.
In order to avoid any dispute, it is strongly recommended that Customers wishing to exercise their right of withdrawal return their Products in conditions similar to those of the initial shipment (Colissimo Suivi de la POSTE or Chronopost), with a declared value corresponding to the price of the initial order, and to keep all proof of their shipment (parcel number) until their order has been fully refunded.
In accordance with the provisions of Article L.221-24 of the French Consumer Code, when the Client validly exercises his/her right of withdrawal, the Company undertakes to reimburse the Client for all sums paid, including the cost of outbound delivery at the standard rate, within fourteen days of the date on which the Client informed the Company of his/her intention to withdraw, provided that the Company has recovered the Product(s) or that the Client has provided proof of shipment of said Product(s).
The refund will be made by the same means of payment used for the initial transaction, unless the Client expressly agrees to another means of refund; in any event, this refund will not incur any costs for the Client.
Article 11.2 : Contractual right and period of withdrawal
The "Company" extends the legal withdrawal period by a contractual withdrawal period. The contractual withdrawal period may be exercised by the Buyer or the recipient of the Order within two (2) months from the date of receipt of the Order.
The "Customer" shall have this period from the date of receipt of the order by him/her or by the recipient of the order, to return the entire order at his/her expense and obtain a voucher corresponding to the amount of his/her order.
Article 12.1 : Terms and conditions
In case of technical anomaly of the "Product", or error on the reference delivered, the "Client" will follow the Product Return Procedure described below.
Technical anomalies or errors on the reference must be communicated to the "Company" by any means within 7 days, following the delivery date, indicating the "Customer's" references, the invoice number and date, the "Product" reference, the quantity as well as the exact reason for the request.
The products must be returned to MyOrigines in a condition suitable for resale (products in perfect condition, unopened, unpacked and unused, accompanied by their original packaging, accessories, instructions, etc.), placed in a blank cardboard box and indicating the initial order number legibly. The "Company" reserves the right to refuse any return that does not comply with the conditions mentioned above.
The "Company" does not accept packages sent by postage due or cash on delivery. Any risk related to the return of the product is at the buyer's expense.
The products must be sent to the following address SAS DIVABOX - CS 14001 -20700 AJACCIO CEDEX 9
Article 12.2 : Consequences
Any return accepted by the "Company", after qualitative and quantitative verification of the returned "Products", will result, at the "Client's" choice, in the creation of a credit note to his/her benefit, the free replacement or reimbursement of the "Products", to the exclusion of any indemnity or damages.
The Client benefits from the legal guarantee for hidden defects resulting from articles 1641 to 1649 of the Civil Code and from the legal guarantee of conformity of articles L.217-4 and following of the Consumer Code.
In the event of a lack of conformity (Product unfit for the use usually expected of a similar Product, which does not correspond to the description given by the Company or which does not possess the qualities announced by the Company or agreed with the Client) or a hidden defect in the Product (hidden defect in the Product sold which renders it unfit for its intended use, or which so diminishes this use that the Client would not have acquired it, or would only have paid a lower price for it, if he had known about it), and in compliance with the conditions set by the law, the Client may act within two years from the discovery of the defect (Article 1648 of the Civil Code) or from the delivery of the Product (Article L. 217-12 of the Consumer Code).
In the event of a lack of conformity, the Customer has the choice between repairing the Product or replacing it. However, if this choice entails a manifestly disproportionate cost for the Company, it may proceed with the method not chosen. If repair and replacement of the Product are impossible, the Client may return the Product and have the price of the Product returned or keep it and have part of the price returned. The same option is available to the Customer if the repair or replacement cannot be carried out within one month of his complaint or if the repair or replacement causes him a major inconvenience.
In the event of a hidden defect in the item sold, the Customer may return the product and have the price refunded or keep it and have part of the price refunded.
In the event of a refund, the amounts paid in cash will be credited to the card used by the Customer to pay for the order.
The "Company" retains full ownership of the products sold until full payment has been received, including the principal, costs, taxes and compulsory contributions.
The "Company" shall not be held liable for any indirect damage that may arise from the purchase of the products. Likewise, the "Company" shall not be held liable for the obligations of the present General Terms and Conditions of Sale in the event of an event of force majeure as defined by the French courts.
In any event, if the Company's liability is retained as a result of the non-performance or poor performance of its services, the total amount of compensation may not, by express agreement, exceed an amount equal to the price of the Product that caused the damage.
The Company provides the Client with a customer relations service that is accessible during working hours:
- by electronic form: "Customer Service" section, "Contact Us
- by telephone: 0 969 321 310 (Cristal number - non surcharged call),
- by mail: SAS DIVABOX - CS 14001 - 20700 AJACCIO CEDEX.
The Customer must clearly describe the detailed reason for his complaint and state his name, first name, address and loyalty card number and/or order reference. Whenever possible, in order to obtain satisfaction more quickly, the Client must also attach a photocopy or scan of the last order form, the last invoice or the last correspondence exchanged with the Company.
The Company undertakes to provide a response to any request for information from the Client, regardless of the method used: letter, e-mail or telephone call. The Company also undertakes to inform the Client if it does not have an immediate solution to the complaint made. Any response shall mention the identification of the person who handled the complaint or dispute.
The fact that one of the "Parties" does not avail itself of a breach of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
The sales of products by the "Company" are subject to French law. Any dispute relating to the existence, interpretation, performance or breach of contract between the "Parties", even in the event of multiple defendants, will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the courts of AJACCIO.
CONSUMER MEDIATION SERVICE :
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
In the event of unresolved disputes between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator.
Before referring the matter to the Consumer Mediator, the consumer must have already tried to resolve his dispute directly with the Professional by means of a written complaint or have made a complaint under the terms of the contract concluded with the Professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, a consumer mediation will take place according to a precise process and according to the texts in force.
The procedure is free for the consumer (R612-1 of the Consumer Code).
TO CONTACT THE CONSUMER MEDIATOR :
MEDIATION - VIVONS MIEUX ENSEMBLE
Website address: https://www.mediation-vivons-mieux-ensemble.fr/
Address of the mediator: 2 impasse de Beauregard, 54000 NANCY
IMPORTANT :
Never send original documents to the consumer ombudsman. Please make photocopies
Never send defective or disputed items or items for reimbursement to the Consumer Ombudsman.
For more information on alternative dispute resolution and the online dispute resolution platform, you can also visit
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
The personal data of the "Client" (surname, first name, company name, position, e-mail and geographical addresses, telephone and fax numbers, bank details) are collected by the "Company" for the purposes of proper management of orders, deliveries and invoices, and in compliance with the provisions of the French Data Protection Act (Loi Informatique et Libertés) no. 78-17 of 6 January 1978. The information that must be recorded by the "Client" in order to place an order is identified online by an asterisk. The "Client" has the right to access, modify, rectify and delete personal information collected by the "Company" at any time.
To exercise this right, the "Client" may, at his choice, send an e-mail to the address info@my-origines.com, or send a letter to the "Company" at SAS DIVABOX - CS 14001- 20700 AJACCIO CEDEX 9 (copy of identity card to be attached).
By placing an order on the Site, the "Client" gives his consent to the use of the personal data collected when the order is placed in the "Company's" customer file for billing purposes. The "Company" will keep this information for a period of 2 years after the order has been placed on a computer medium. Furthermore, the "Company" may use the personal data concerning the "Client" in order to send him/her commercial offers that may be of interest to him/her. In accordance with the French Data Protection Act, the "Client" has the right to oppose the receipt of unsolicited commercial prospecting documents by e-mail, by ticking the appropriate box online or by sending a letter to the "Company".
Finally, the "Company" may also transmit the personal data communicated by the "Client" and concerning him/her to commercial partners for prospecting purposes. In accordance with the French Data Protection Act, the "Client" has the right to oppose the transmission of his/her personal data to third parties by ticking the appropriate box online or by sending a letter to the "Company".
The fact that the "Company" refrains from demanding at a given time the execution of any of the provisions of these General Terms and Conditions of Sale and Use of the Site cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution later.
If any of the provisions of these General Terms and Conditions of Sale are held to be invalid or declared null and void in application of a law, regulation or court decision that has become final, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and applicable.
The current version of these General Terms and Conditions of Sale is always accessible online by the "Customer". To do so, simply click on "Conditions of Sale" where the full version of the Conditions are referenced.
The Client can also obtain this document by writing to the "Company", SAS DIVABOX - CS 14001 - 20700 AJACCIO CEDEX 9.
This website is owned by : SAS DIVABOX, a simplified joint-stock company, managed by M. Perette and registered in France with Company No. 30124277200137- Vat Registration No. FR86301242772, with head offices at ZI du Vazzio - CS 14001 - 20700 AJACCIO CEDEX