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GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1: DEFINITIONS

LABORATOIRES NIGY: this term means Laboratoires NIGY, a simplified joint-stock company with a capital of 60,000 €, intercommunity VAT number FR 81 582 072 773, registered with the Melun Registry of Trade and Companies under number B 582 072 773, having its registered office at 240 rue Louis Charles VERNIN, 77190 Dammarie-Les-Lys (FRANCE), which markets the Topicrem® products offered for sale on the SITE.

PRODUCT(S): this term means the Topicrem® cosmetics and skin care products marketed by LABORATOIRES NIGY and offered for sale on the SITE.

PURCHASER: this term means the contracting partner, which shall be an individual and not a professional, having ordered one or several PRODUCT(S) on the Site.

SITE: this term means the Topicrem® Internet Site: www.topicrem.fr and www.topicrem.com on which the PRODUCTS are presented and sold to the PURCHASER. It is hosted by EMENCIA, a company having its registered office at 56 rue Galilée 75008 Paris (France).

ORDER: this term means the sales contract concluded between LABORATOIRES NIGY and the PURCHASER.

PARTY(IES): this term means jointly or individually the PURCHASER and/or LABORATOIRES NIGY.

ARTICLE 2: PURPOSE

The purpose of these general terms and conditions of sale is to define the terms and conditions in which LABORATOIRES NIGY  offers, via its SITE, the sale of the PRODUCTS to PURCHASERS.

Consequently, all ORDERS of one or several PRODUCTS by the PURCHASER implies his unreserved prior acceptance of these general terms and conditions of sale which take precedence over all other documents, except for special conditions expressly granted in writing by LABORATOIRES NIGY.

The PURCHASER acknowledges to have read the general terms and conditions of sale prior to placing his ORDER.
These general terms and conditions of sale only apply to the on-line sale of PRODUCTS on the SITE and enter into force as of March 26st, 2013. 

LABORATOIRES NIGY reserves the possibility to modify these general terms and conditions of sale at any time. Nevertheless, the general terms and conditions of sale which apply to the ORDER of PRODUCTS placed by a PURCHASER on the SITE are those accepted by the PURCHASER at the time the ORDER is placed.

ARTICLE 3: SALE OF PRODUCTS ON THE SITE

Prohibition to sell outside networks

The PRODUCTS are intended to besold solely through the LABORATOIRES NIGY distribution networks.Consequently, it is prohibited to sell, buy or be presented with the PRODUCTS in order to resell them outside of the networks, in particular on other Internet sites. 

Apart from the breach of the trademark or the integrity of these PRODUCTS, such action may incur the civil, and possibly criminal, liability of the perpetrators.

Availability of PRODUCTS

In compliance with Article L. 111-1 of the French Consumers Code, the PURCHASER may discover, prior to placing his ORDER, directly on the SITE, the main characteristics of the PRODUCTS he wishes to order. 

Also, in the event where the PURCHASER wishes to have expert advice on the PRODUCTS, he may contact us: 

  • By telephone: + 00 33 (0)1.77.93.72.08. from Monday to Friday from 9:00 a.m. to 5:00 p.m.
  • By post: Service Marketing – Laboratoires NIGY, 6 avenue de l’Europe, 78400 CHATOU.
  • By email: via the contact form available by clicking “Contact”. 

In the event where PRODUCTS are unavailable after having placed the ORDER, the PURCHASER shall be informed at the earliest opportunity. He will then be given the choice to either modify his ORDER or to cancel it and be reimbursed within 30 days following his request.

Order of PRODUCTS

No ORDER may be placed by any means other than through the SITE. 

To buy the PRODUCTS, the PURCHASER should connect to the SITE and create an account by providing the following personal details: civil status, surname, first name, address, telephone number, date of birth, email address and password.

An on-line ORDER of PRODUCTS gives rise to:

  • Firstly: the dispatch by LABORATOIRES NIGY, via email, of confirmation and a summary of the ORDER.
  • Secondly: the dispatch by LABORATOIRES NIGY, via email, of confirmation of the shipment of the ORDER containing the COLISSIMO tracking number. 
  • Thirdly: the delivery by LABORATOIRES NIGY of the PRODUCTS, by Colissimo, to the delivery address specified by the PURCHASER when he placed his ORDER of PRODUCTS.

The PURCHASER may place an ORDER within the limit of nine (9) units of a PRODUCT of a single reference.

An ORDER is deemed placed on the SITE and the general terms and conditions of sale accepted when the PURCHASER has validated his payment. The data recorded by LABORATOIRES NIGY and the secure payment provider constitute proof of the nature, content and date of the ORDER.

The double-click by the PURCHASER with respect to his ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double-click and the acceptance of the general terms and conditions of sale (box to be ticked) constitutes irrevocable and unreserved acceptance of the ORDER by the PURCHASER.

The sale shall only be considered final after the PURCHASER has been sent confirmation of his ORDER by LABORATOIRES NIGY and it has collected the full amount of the price. LABORATOIRES NIGY advises the PURCHASER to keep the information contained in the ORDER confirmation, electronically or on paper.

Notwithstanding the foregoing, LABORATOIRES NIGY reserves the right to cancel any ORDER by a PURCHASER with whom there exists a prior payment dispute or for any other legitimate reason including in particular the abnormal character of the ORDER.

At any time, the PURCHASER may track his ORDER in the section “My Account/My Orders” provided for this purpose.

Warranties & Customer Service

Legal guarantees and return of non-compliant products

NIGY delivers Products in accordance with the contract. NIGY responds to defects of conformity existing during the delivery of the Products as well as defects of conformity resulting from the packaging.

A Product will comply with the contract:

1° If it is specific to the use usually expected of a similar product and, where applicable:

- if it corresponds to the description given by NIGY and has the qualities that the latter presented to the BUYER in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by NIGY, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by NIGY and the BUYER or is suitable for any special use sought by the BUYER, brought to the attention of NIGY and which the latter has accepted.

The defects of conformity which appear within 24 months from the delivery of the PRODUCT are presumed to exist at the time of delivery, unless proven otherwise.

For PRODUCTS sold second-hand, this period is six months.

NIGY may fight this presumption if it is not compatible with the nature of the PRODUCT or the lack of conformity invoked.

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

In any case, the BUYER benefits from the legal guarantees of eviction and hidden defects provided for in articles 1626 and following and 1641 and following of the Civil Code.

In the event of non-conformity of the PRODUCTS or delivery of a PRODUCT revealing a hidden defect, NIGY undertakes to reimburse it for the price of the PRODUCT within a maximum period of 30 (thirty) days following its complaint.

In all cases, the BUYER must follow the return procedure described below:

1/ Inform Customer Service of the non-compliance or hidden defect via the complaint form made available to you: https://www.topicrem.com/fr/contact

2/ Print and complete the return form and the Colissimo voucher which will be sent by Customer Service.

3/ Stick the Colissimo voucher on the original packaging, as this exempts the BUYER from shipping costs.

4/ Return the PRODUCT correctly protected, in its original packaging, undamaged, damaged or soiled, accompanied by the return form so as to identify the BUYER (order number, surname, first name, address) without the PRODUCT has obviously been used for a long time (beyond a few minutes), i.e. provided that the PRODUCT does not bear the mark of prolonged use exceeding the time necessary for its test.

In the event of a return for non-compliance, the return shipping costs of the package will be borne by NIGY through the Colissimo voucher, subject to compliance with the procedure described above.

The return cannot be accepted and the refund can only take place following receipt of the PRODUCT in accordance with the return procedure above. If the BUYER opts for a return method other than the procedure described above, NIGY will be entitled to refuse any refund or credit to the BUYER.

Complaints/Customer Service

For any complaint, Customer Service is available to the BUYER:

By phone: 01.77.93.72.08 Monday to Friday from 9 a.m. to 5 p.m.

By mail: Customer Service - Laboratoires NIGY, 6 avenue de l'Europe, 78400 CHATOU

By email: via the complaint form made available to you: https://www.topicrem.com/fr/contact

Prices

The prices of PRODUCTS are expressed in Euros and include all taxes, but exclude processing and shipping fees.

For an ORDER delivered to mainland France, the cost of shipping fees is 6.50 €, including taxes. Nevertheless, when the ORDER is 40 €, including taxes, or over, shipping is free.

For an ORDER delivered outside of mainland France, the cost of shipping fees is 12.50 €, including taxes. Nevertheless, when the ORDER is 60 €, including taxes, or over, shipping is free.

The PRODUCTS remain the property of LABORATOIRES NIGY until full payment of their price.

Any promotional offers are valid for as long as they appear on the SITE and concern PRODUCTS which have a date of expiry of between 12 (twelve) and 4 (four) months.

Payment

Payment of ORDERS is made on-line using a bank card (Carte Bleue, Visa, Mastercard). In the event of the purchase of one or several PRODUCTS on the SITE, the PURCHASER shall indicate in the sections provided for this purpose: the card number, its date of validity and the security code located on the back of the card. 

The entire amount of the ORDER shall be debited from the bank account on the date the ORDER is placed.

LABORATOIRES NIGY reserves the right to cancel any ORDER in progress and any delivery in the event of the non-payment or refusal of authorisation of payment by bank card by the usual officially approved Internet bodies.

LABORATOIRES NIGY reserves the possibility to refuse to fulfil an ORDER from a PURCHASER who has not paid all or part of a previous ORDER or with who an unsettled payment dispute exists.

LABORATOIRES NIGY may not be held liable for any misappropriation or fraudulent use of any means of payment which has not been detected by the verification procedure. The PURCHASER guarantees LABORATOIRES NIGY that he has the necessary authorizations to use the payment method he has chosen for his ORDER.

Any fraudulent use of a bank card may not give rise to any reimbursement by LABORATOIRES NIGY. Until an ORDER of PRODUCTS has been paid in full, the PRODUCTS remain the property of LABORATOIRES NIGY.

Security of payments

The purchases made by the PURCHASER are secured. When the PURCHASER places an ORDER on line, he reaches the servers of the host, the company EMENCIA. When the PURCHASER pays his ORDER, he is directed to the secured servers of LABORATOIRES NIGY’s partner: Crédit Agricole.

The transactions made on the SITE are secured by the e-transaction payment system (www.e-transaction.credit-agricole.fr). All information exchanged to process the payment is encrypted using the SSL protocol. The data entered cannot be detected, intercepted or used by third parties. 

Shipment & Delivery

Deliveries of PRODUCTS may be made to the following countries: Germany, Andorra, Austria, Belgium, Spain, Finland, mainland France, Greece, Ireland, Italy, Liechtenstein, Luxemburg, Monaco, the Netherlands, Portugal, Slovenia. 

On the condition that an ORDER is placed from Monday to Friday between 8:00 a.m. and 4:00 p.m., LABORATOIRES NIGY undertakes to dispatch the ORDER within 48 (forty-eight) hours.

The transport time via COLISSIMO varies, depending on the country of delivery, between a minimum period of 48 (forty-eight) hours and a maximum period of 30 (thirty) days as of the day following the date of transmission of the ORDER.

In the event of the non-receipt of a package, the PURCHASER must inform LABORATOIRES NIGY via the claim form available in the “Customer Service / Claims” section. 

Delivery shall be made to the delivery address specified by the PURCHASER when he placed his ORDER. LABORATOIRES NIGY may not be held liable for any delay in delivery attributable to the transporter.

Any incorrect or missing information in the delivery address or the identity of the PURCHASER discharges LABORATOIRES NIGY from any responsibility for an error in the delivery.

At the earliest opportunity and at the latest within 3 business days as of receipt of the ORDER, the PURCHASER is bound: 

  • To make any reserves and claims to the Post Office or to refuse the package if it appears to have been opened or damaged.
  • To inform the Customer Service of these events using the claim form available in the section “Customer Service / Claims”. 

Otherwise, the ORDER shall be deemed to have been delivered in good condition and may not give rise to any later claim.

Right of withdrawal & return procedure

Pursuant to the provisions of article L.221-21 of the Consumer Code, the BUYER has a period of 14 days to exercise his right of withdrawal. This period runs from the day of receipt of the Products by the BUYER or a third party, other than the carrier, designated by him.

When the 14-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

In the event of exercise of the right of withdrawal, the postage costs of returning the package remain the responsibility of the BUYER.

In order to simplify and facilitate the processing of the return of the PRODUCTS, the BUYER will follow the procedure described below:

He will inform NIGY of his decision to withdraw by sending him, before the expiry of the aforementioned period, the complaint form available here: https://www.topicrem.com/fr/contact or by contacting Customer Service Service-client@topicrem .fr or "Customer Service - 6 avenue de l'Europe 78400 Chatou", a statement, unambiguous, expressing its desire to withdraw.

In the complaint form, the BUYER will select in "Subject/Reason": "Product complaint - Retraction/Delivery."

The return procedure and a return form will be sent to the BUYER by email, by NIGY Customer Service.

The BUYER will print the return form, complete it, attach it to the package and follow the “return procedure” instructions communicated by NIGY Customer Service;

The BUYER will return the PRODUCT to NIGY:

1/properly protected, in its original packaging, undamaged, damaged or soiled;

2/ accompanied by the return form so as to identify the BUYER;

3/ without the PRODUCT having obviously been used in any way.

If the BUYER opts for a return method other than that described above and making it impossible to identify the BUYER or if the BUYER withdraws after the deadline, NIGY will be unable to refund the PRODUCT

Reimbursement of all sums paid, including delivery costs, will take place at the latest within 14 days, from the date on which NIGY was informed of the BUYER's decision to withdraw.

Beyond this period, the amount due will be automatically increased by the interest rate if the reimbursement occurs no later than 10 days after the expiry of the period set out in the preceding paragraph, by 5% if the delay is between 10 and 20 days, 10% if the delay is between 20 and 30 days, 20% if the delay is between 30 and 60 days, 50% between 60 and 80 days and 5 additional points per new month of delay until the price of the PRODUCT, then the legal interest rate.

Limitation of liability

LABORATOIRES NIGY may not be held liable:for any occurrence of bugs;for any indirect damage which may occur due to the purchase of the PRODUCTS;for any inaccuracies, errors or omissions relating to the information available on the SITE;for any damage resulting from a fraudulent intrusion of a third party giving rise to a modification of the information which is available on the SITE.

LABORATOIRES NIGY may not be held liable for the non-execution of the ORDER in the event of a shortage of stocks or unavailability of a PRODUCT due to a force majeure event as defined by French case law and courts.

LABORATOIRES NIGY declines all liability for any damage, direct or indirect, regardless of the reasons, origin, nature or consequences thereof, caused by the access of any person to the SITE or the impossibility to access the SITE.

LABORATOIRES NIGY declines all liability in particular for damage which may be caused to users’ computers following their access to this SITE.

LABORATOIRES NIGY reminds users that, in application of Article 1124 of the French Civil Code, persons under the legal age may not place orders. Consequently, the ORDERS destined for persons under the legal age must be placed by those having parental authority. In the event of the accidental collection of data relating to a person under the legal age, the person exercising parental authority may oppose its storage and/or transmission to third parties.

Personal Data

LABORATOIRES NIGY may be required to collect personal data concerning the user of the SITE for operations relating to the management of client accounts and prospects, which may be electronically processed.

LABORATOIRES NIGY may also be required to collect personal data concerning the user of the SITE for marketing operations and the establishment of traffic statistics

In compliance with the  French Law of January 6th, 1978 “Informatique et Libertés”, users of the SITE have a right to access, rectify and delete their personal data. To exercise their rights, they should contact us:

  •  By telephone: + 00 33 (0)1.77.93.72.08 from Monday to Friday from 9:00 a.m. to 5:00 p.m.
  • By post: Service Marketing – Laboratoires NIGY, 6 avenue de l’Europe, 78400 CHATOU.
  • By email: via the contact form available by clicking “Contact”.

LABORATOIRES NIGY undertakes to keep the personal data communicated by the user within the framework of the use of the SITE confidential.

Subject to having obtained the express consent of the user when collecting data, LABORATOIRES NIGY may address the user direct marketing material or newsletters by email

The collection of data has been declared to the CNIL under number 1562724.

Intellectual Property Rights attached to the SITE

The SITE is an intellectual work protected by Intellectual Property Law. The SITE and each of its component elements (such as, in particular, trademarks, logos, photographs, images, illustrations, texts, slogans, video clips, etc.) are the exclusive property of LABORATOIRES NIGY, which is solely authorised to use the intellectual property and personality rights attached thereto.

Any total or partial reproduction and/or representation, use, adaptation or modification of the SITE or any one of its component elements on any medium whatsoever, and in any form whatsoever, for any other purposes whatsoever, and in particular commercial purposes, is prohibited.

Any reproduction and/or representation of the SITE shall be subject to the prior express authorization of LABORATOIRES NIGY.

The creation of hypertext links leading towards the SITE may only be carried out with the prior written authorisation of LABORATOIRES NIGY. LABORATOIRES NIGY declines all responsibility concerning the content, the advertising, the products or services which are available on or from the sites linked to the SITE.

The trademarks mentioned on the SITE have been filed or registered and are therefore protected and are the exclusive property of LABORATOIRES NIGY.

Conciliation & Dispute

In the event of a dispute between NIGY and the BUYER, the parties will endeavor to find an amicable resolution to the dispute.

In addition, the BUYER may use the mediation center to which NIGY belongs as well as the European online dispute resolution platform: Online Dispute Resolution | European Commission (europa.eu)

In the absence of resolution of the conflict by the aforementioned alternative means, the most diligent party sends, prior to any referral to a court, a letter of formal notice containing the grievances reproached to the other party

Applicable law - Jurisdiction

These conditions of use of the SITE as well as the sales of NIGY PRODUCTS are subject to the application of French law.

Any action brought by the buyer against NIGY for the sale of the PRODUCTS may be brought either before the French courts or before the court of the place where the buyer is domiciled.

The action brought against the buyer by NIGY can only be brought before the courts of the Member State in whose territory the buyer is domiciled.