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Terms & conditions

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

In any event, the PURCHASER benefits from the legal guarantee of quiet enjoyment and hidden defects as provided in Articles 1641 et seq. of the French Civil Code. 

In the event of non-conformity of the PRODUCTS or delivery of a PRODUCT which has a hidden defect, LABORATOIRES NIGY undertakes to reimburse the PURCHASER the price of the PRODUCT within a maximum period of 30 days following the PURCHASER’s request, subject to compliance with the return procedure described below.

In the event of the non-conformity of PRODUCTS with the ORDER, LABORATOIRES NIGY undertakes, at the choice of the PURCHASER, to establish a credit note to the PURCHASER or to redeliver the ORDER at its cost. 

For any claims, the PURCHASER may contact our Customer Service: 

  • 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 letter: Service client – Laboratoires NIGY, 6 avenue de l’Europe, 78400 CHATOU.
  • By email: via the claim form available by clicking on “Customer Service / Claims”. 

With the exception of the specific case of non-conformity of PRODUCTS with the ORDER, no exchange of PRODUCTS is possible. 

If the PURCHASER changes his mind after 14 (fourteen) days as of receipt of the ORDER, the PRODUCT shall not be exchanged but reimbursed, pursuant to his right of withdrawal (cf. “Right of withdrawal and return procedure” below) subject to compliance by the PURCHASER with the return procedure described below. 

To obtain a new PRODUCT, the PURCHASER must place a new ORDER on the SITE.

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

In application of the provisions of Article L.121-20 of the French Consumers Code, the PURCHASER has a withdrawal period of 14 (fourteen) full days as of the delivery of the ORDER in which to return the delivered PRODUCT(S) for reimbursement. When the 14 (fourteen) day period ends on a Saturday, a Sunday or a public holiday, it shall be extended to the next business day.

The total reimbursement of the amounts paid shall be made within a period of 30 (thirty) days, as of the date on which the right of withdrawal is exercised. After this time, the amount due shall automatically bear interest at the legal rate in force.

In the event where the right of withdrawal is exercised, the cost of the return shipment of the package shall be borne by the PURCHASER.

In order to simplify and facilitate the return of PRODUCTS, the PURCHASER must follow the procedure described below: 

1/ Inform the Customer Service of your wish to withdraw at the latest 14 (fourteen) days following receipt of the ORDER via the claim form which is available in the “Customer Service / Claims” section.

2/ The return procedure and a return slip will be sent by email by the Customer Service.

3/ Print the return slip, complete it and attach it to your package.

4/ Return the PRODUCT:

  • properly protected, in its original packaging, clean and undamaged,
  • accompanied by the return slip so that the PURCHASER can be identified,
  • without the PRODUCT having ever been used.

If the PURCHASER has opted for another method of returning the PRODUCTS other than the procedure described above which renders the identification of the PURCHASER impossible or if he has withdrawn after the given deadline, LABORATOIRES NIGY may not proceed with the reimbursement of the ORDER.

Non-conformity & return procedure

In order to simplify and facilitate the return of PRODUCTS due to a non-conformity and their possible reimbursement, the PURCHASER must follow the procedure described below: 

1/ Inform the Customer Service of your wish to withdraw at the latest 14 (fourteen) days after receipt of the ORDER via the claim form which is available in the section “Customer Service / Claims”.

2/ The return procedure, a return slip and a Colissimo slip will be sent by email by the Customer Service.

3/ Print and complete the return slip and the Colissimo slip.

4/ Attach the Colissimo slip to the original package, as this exempts the PURCHASER from shipment costs. 

5/ Return the PRODUCT: 

  • properly protected, in its original packaging, clean and undamaged.
  • accompanied by the return slip in order to be able to identify the PURCHASER (order n°, surname, first name, address).
  • Without the PRODUCT having been used for any sustained period (of more than a few minutes), i.e. without the PRODUCT showing any signs of prolonged use other than the time necessary to test it.

In the event of a return for non-conformity, the costs for returning the package shall be borne by LABORATOIRES NIGY via the Colissimo slip, subject to compliance with the procedure described above. 

The return may only be accepted and the reimbursement made after receipt of the PRODUCT in compliance with the procedure described above. If the PURCHASER uses a method of return other than the one described above, LABORATOIRES NIGY may not proceed with the reimbursement of the PURCHASER. 

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 LABORATOIRES NIGY and the PURCHASER, the most diligent party shall address, prior to referring the matter to a competent court, an official letter setting forth its grievances against the other party.

In the absence of the implementation of an attempted conciliation within a period of 15 days as of the official notice or in the event of the failure of such official notice, the most diligent party shall notify the end of the conciliation period to the other party in writing, prior to referring the matter to a competent court.

Applicable law - Jurisdiction

These terms and conditions of use of the SITE as well as the sale of PRODUCTS of LABORATOIRES NIGY are governed by French law.

In the absence of conciliation, any dispute relating to the interpretation, performance or termination of the contract concluded between LABORATOIRES NIGY and the PURCHASER shall fall within the exclusive competence of the French courts.