General terms and conditions of sale

 

 

LEGAL NOTICE

This website is published by YOUTHSPRING, a French société à responsabilité limitée [private limited company] with a share capital of 20,000 euros and with its registered office located in Besançon (25000) 21 rue des granges registered in the Trade and Companies Register of Besançon under the no. 797 578 432 (hereinafter the "SELLER").

The SELLER, through its Website, conducts business selling anti-cellulite massage products (the "Products") on-line.

 

Address of the Website: www.cellu-cup.com (hereinafter the Website)

Telephone: + 33684191090

Intra-community VAT number: FR3079757843200016

 

 

GENERAL PROVISIONS

These General Terms and Conditions of Sale (the "General Conditions") are concluded between YOUTHSPRING SARL and any individual (a "USER") who wishes to make a purchase using the Website, provided that such individual is not deemed a "commercial" person under French law.

Prior to submitting an order, the USER declares that they have been informed of the provisions that follow and that they expressly accept the terms set forth below.

The USER's submission of an order shall be deemed an agreement to be bound, in full and without reserve, by these General Conditions. The General Conditions shall constitute the sole contractual document that is enforceable against the parties, to the exclusion of any other documents, brochures, catalogues or photographs, on any media whatsoever, which are only provided for illustrative purposes. These General Conditions are available on the Website where they may be consulted directly and can also be sent upon request, submitted by telephone, e-mail or regular mail.

The SELLER reserves the right to amend the General Conditions. The amendments shall apply to all orders submitted subsequent to the time when the amendments were placed on-line.

 

 

PROTECTION OF MINORS

Products may only be purchased by persons who, pursuant to the definitions in Articles 1123 and 1124 of the French Civil Code, have the capacity to enter into a contract.

 

 

1 - THE PRODUCTS

The Products that are governed by these General Conditions are the Products included on the Website. They are offered for sale within the limit of the available stock.

The Products have been presented and described with the greatest possible accuracy. The photographs shall have no contractual value. However, the SELLER shall have no liability for any errors or omissions that may have occurred with respect to such presentation.

The products are manufactured:

- in silicone for the Cellu-cup.

- through a combination of vegetable oils (see the packaging for the massage Oil).

Such products are solely intended for use in massages intended to fight against cellulite.

The USER should refer to the notice included with the Product prior to any use.

 

 

2 - THE PRODUCTS OFFERED FOR SALE

The Products are only offered for sale during the time they are included on the Website and subject to availability.

In the event that a Product is unavailable, the USER will be informed of this as soon as possible. The USER will then have a choice between reimbursement or waiting until the SELLER is resupplied.

 

 

3 - PRICES

The prices for the Products do not include the delivery charges (transport, packaging and packing in accordance with the charges in force). The amount of the delivery charge will be specified in the order form prior to validation of the order.

If any taxes or contributions, including with respect to the environment, are imposed or modified, whether upwards or downwards, such a change in taxes could have an impact on the sale price of the Products presented on the Website and in the various other sales media.

However, once the User's order has been accepted, the price cannot be changed.

 

 

4 - ORDERS

Users are required to submit their orders on-line.

The User has the choice between creating an account on the SELLER's Website or ordering as a "Guest", which avoids the need to create an account (in such case, the USER will receive all of the necessary information via the e-mail address that the USER specified).

The data recorded by the SELLER at the time of the submission of the order shall be deemed proof of the transactions entered into between the SELLER and the USER.

4.1 The information provided by the USER at the time of their submission of the order shall be binding upon the USER: in the event that the USER makes a mistake in the provision of their contact details or the place of delivery, which results in a loss of the Products, the USER will remain obligated to pay for the lost products.

4.2 A confirmation will be sent to the USER, by e-mail, summarising the contractual information with respect to their order (including the order number). It shall govern between the Parties.

4.3 In compliance with Article L.122-2 of the French Consumer Code, the SELLER reserves the right to reject any order from a USER with whom a payment dispute exists or has existed with respect to an order previously submitted.

In certain events, including a payment default, erroneous address or other problem with the account of the USER, the SELLER reserves the right to block the USER's order until the problem is resolved.

4.4 No order will be deemed to have been accepted until the banking institution for on-line payments has granted its approval or the sums have been actually received. In the event of a rejection by such banking institution or the impossibility of collecting the sums, the order shall be automatically deemed to have been cancelled.

4.5 Any order that is incomplete or manifestly erroneous will not be accepted. In all circumstances, the SELLER will use the USER contact details that the USER indicated.

4.6 The USER declares that it has full legal capacity for the purposes of being bound by these General Conditions of Sale and the orders submitted.

 

Once the basket has been validated, the USER is required to indicate their acceptance of the General Conditions, and then validate the method of payment, this final step shall formalise the contract of sale between the SELLER and the USER.

 

The SELLER will provide an acknowledgement of receipt of the order, upon its acceptance, by sending an e-mail.

 

 

5 - PLACING AN ORDER

1. Select the Product and add it to the basket.

2. Complete the order form. In case of extended inactivity during the connection, the Customer's selection of Products made before the inactivity may no longer be guaranteed. The customer should then select the Products again from the beginning.

3. Check the items in the Order and correct any errors identified.

4. Validate the Order, the Total Price per product and the Order Total by clicking the "Order with compulsory payment" tab.

5. To pay the Order Total, follow the instructions of the online payment server or the payment instructions notified to the USER.

The Customer immediately receives an email acknowledging receipt, containing the main order information and confirming the Order and acceptance of the payment (the "Order Confirmation").

The sale contract between the Seller and the Customer is made when the Customer clicks the "Order with compulsory payment" button when registering the order.

Until this final step, the Customer has the option of going back to the previous pages and of correcting and changing the order and the information previously provided.

 

 

6 - DELIVERY

The SELLER will ship the product within 4 days of the acceptance of the order. However, the SELLER provides no guarantee as to the time of delivery, which is governed by the conditions imposed by the French Post Office.

The SELLER reserves the right to change the method of delivery in accordance with the contracts with the French Post Office.

 

 

7 - RIGHT OF RETRACTION

The USER has a right of retraction for a period of fourteen (14) calendar days from the date of receipt of the Product(s).

A USER who sends back the Product(s) is not required to provide any reason nor pay any penalties.

This right of retraction cannot be exercised if it can be shown that the Product(s) have been used.

The Products must be returned in their original packaging to the following address:

SARL YOUTHSPRING 21 rue des granges - 25000 BESANCON FRANCE.

 

The SELLER agrees to reimburse the sums paid to any USER who exercises their right of retraction as soon as possible and no later than fourteen (14) days after the exercise of the right of retraction.

 

 

8 - WITHDRAWAL

The USER can access a pre-established withdrawal form. Click here.

 

8.1. Right to withdraw

You have the right to withdraw from the contract for a period of fourteen days, without giving any reason.

The withdrawal period ends fourteen days after the day on which you, or a third party appointed by you, other than the carrier, physically take(s) possession of the Product.

To exercise the right to withdraw, you must inform us of your decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or electronic form) to YOUTHSPRING, 21 rue des Granges - 25000 BESANCON or (email address). You can use the withdrawal form, but it is not compulsory. If you use this option, we will immediately acknowledge receipt of your withdrawal by email.

For the withdrawal period to be observed, simply send your communication concerning your exercise of the right to withdraw before the expiry of the withdrawal period.

Given the nature of the Product and for reasons of hygiene, no return will be accepted if the Product has been put in contact with the skin.

 

8.2. Effects of the withdrawal

In case of withdrawal by you, we shall refund all payments received from you without delay and, in any event, no later than fourteen days after you informed us of your decision to withdraw.

We shall make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, such refund shall not incur any fees for you.

We may postpone the refund until the earlier of either: our receipt of the Product from you or the date on which you provide proof that you have sent the Product.

You should return the Product and the packaging bag without delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is deemed observed if you return the Product before the end of the fourteen-day period.

You shall pay the direct costs of returning the Product (approximately €6 for France and to be defined for other countries).

You shall only be liable for any impairment of the Product resulting from handling operations other than those necessary to establish the nature, features and satisfactory operation of the Product.

 

 

9 - LEGAL WARRANTIES

Products are subject to the legal conditions of the following warranties:

 

Article L 211-4 of the French Consumer Code: “The seller is required to deliver a product which conforms to the contract and is liable for any lack of conformity which exists upon delivery. He is also liable for any lack of conformity caused by the packaging (...).”

 

Article L 211-5 of the French Consumer Code: “To conform to the contract, the product must:          1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer (...);

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

 

Article L 211-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product.”

 

Article 1641 of the French Civil Code: “A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a  lesser price for it, had he known of them.”

Article 1648 paragraph 1 of the French Civil Code: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.”

These warranties shall apply at no cost to the Customer. The return carriage costs shall be payable by the SELLER.

 

 

10 - COMPLAINTS

Complaints must be sent to the SELLER by email via the CONTACT form, by post to SARL YOUTHSPRING - 21 rue des Granges 25000 BESANCON, or by phone (+33(0)6 84 19 10 90). Complaints made by phone must also be made by email or letter if the Product is returned.

Customers shall receive an email within 5 days informing them that their complaint is being processed.

 

 

11 - INTELLECTUAL PROPERTY

All of the elements of the Website, whether visual or sound, including the underlying technology, are protected by copyright. Furthermore, the trademarks, logos, designs and models included on the Website are the exclusive property of the SELLER. In no event shall their divulgation be interpreted as the grant of a licence or a right to use any of such trademarks and distinctive elements protected by copyright. In consequence any unauthorised use shall constitute infringement.

None of the documents included on the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any manner whatsoever.

However, the USER may download a copy of the documents on a computer for their personal use, solely for non-commercial purposes, provided that they do not modify any of the information contained therein and retain intact all copyright statements and other statements of ownership. The modification of such documents or their use for any other purpose shall constitute an infringement of the SELLER's intellectual property rights.

 

 

12 - PERSONAL INFORMATION

The submission of an order to the SELLER involves the USER transmitting personal data that is indispensable to the processing of their order.

In compliance with the French Data Protection Act, the USER possesses a right of access, rectification and deletion with respect to their personal data which can be exercised by submitting a written request by e-mail or regular mail. The information collected is used exclusively for the operation of the Website and kept strictly confidential. The appropriate filing has been made pursuant to the requirements of the French “Data Protection” Act no. 78-17 of 6 January 1978, as amended by French Act no. 2004-801 of 6 August 2004 (n°1706686V0).

 

The SELLER will attempt to ensure the integrity and confidentiality of the data entered and transmitted by the USER. However, it cannot exclude the possibility of a technical failure, nor the tampering with or loss of the data.

 

 

13 - USE OF COOKIES

The SELLER reserves the right, in order for the Website to work properly, to place "cookies" on the USER's computer and then to access them.

 

A "cookie" does not allow the SELLER to identify the USER; however, it does record information with respect to the USER's browsing history on the Website (the pages you have consulted, the date and time they were consulted, etc) which can be read on subsequent visits to the Website.

The USER can switch off "cookies" by configuring their browser appropriately.

Each web browser is different and it is recommended that the USER consults the help section for their browser for the settings with respect the acceptance of cookies.

 

 

14 - UNAVAILABILITY OF THE WEBSITE

The SELLER is not in a position to guarantee the continuous availability of the Website.

The SELLER shall have no liability for any inconvenience or damage that is inherent to the use of the Internet, including interruptions in service, external intrusions, the presence of computer viruses or other unintentional problems.

 

 

15 - APPLICABLE LAW AND SUBMISSION TO JURISDICTION

The USER is informed that it may, in any case, have recourse to conventional mediation, in particular the Commission de la médiation de la consommation (Art. L 534-7 of the French Consumer Code) or existing industry mediation organisations or any alternative dispute resolution solution (conciliation, for example) in the event of a dispute.

 

16 - PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having been informed in a legible and understandable manner, prior to placing the order, of these General Terms and Conditions of Sale and of all information referred to in Articles L 111-1 to L 111-7 of the French Consumer Code, and in particular:

-       the key features of the Product, given the communication medium used and the Product in question;

-       the price of the Products and costs of transport;

-       the time within which the SELLER undertakes to deliver the Product;

-       information regarding the identity of the SELLER, its contact details (address, telephone and email address) and its activities;

-       information relating to the legal and contractual warranties and the details of their implementation;

-       the possibility of using conventional mediation in the event of a dispute;

-       information about the right to withdraw and costs of returning the Products.

 

 

Withdrawal Form

 

-        (Please only complete and send this form if you wish to withdraw from the contract)

-       *CIVIL STATUS:    

-       *LAST NAME:                    

-       *FIRST NAME:       

-       *ADDRESS:           

-       TELEPHONE:        

-       *EMAIL:       

-       I hereby inform you that I wish to withdraw from the contract relating to the following order:

-       *Ordered on

-       Order number

-       *Description of products


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