General terms and conditions of sale

PREAMBLE

The site vivacybeauty.com (hereinafter referred to as the “Website”) is an e-trading website for cosmetics bearing the brand name VIVACYBEAUTY (hereinafter referred to as the “Products”). The website is edited and operated by Laboratoires VIVACY, S.A.S. with share capital of €1,744,200 having its registered office at 44 rue Paul Valéry, 75116 Paris, entered on the PARIS Trade and Companies Register under number 498 485 275.

The Site is hosted by OVH, SAS S.A.S. with capital of €10,069,020 whose registered address is 2 rue Kellermann – 59100 Roubaix – France, registered in the Lille Trade and Companies Register under number 424 761 419 00045.

For the purposes of these presents, it is hereby understood that the term “Buyer”, used to refer to non professionals browsing and/or placing orders on the Website, and Laboratoires Vivacy shall be collectively referred to as the “Parties” and individually as a “Party”.

ARTICLE 1 OBJECT

The present General Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) are intended, on the one hand, to define the operation of the Website and, on the other, to define the rights and obligations of the Parties arising from the online sale of Products offered on the Website.
The T&Cs shall be applicable, without restriction, to all sales concluded by Laboratoires Vivacy with Buyers via the Website.
The Buyer hereby acknowledges that it has read all of the General Terms and Conditions and accepts these by ticking the box accordingly prior to confirming an order.

The present T&Cs shall prevail over any other document, notwithstanding any special provisions expressly set forth in writing by Laboratoires Vivacy. The T&Cs can be accessed at any time on the Website, and may be amended subsequently, with the version applicable at the time of purchase by the Buyer being those in force on the Website as at the date on which an order is placed. Any update shall be notified in advance with a special indication on the Website..

ARTICLE 2 PRODUCTS – PRICES

2.1 Products

Products offered for sale by Laboratoires Vivacy are those which are displayed on the Website, as at the date of consultation on the Website by the Buyer and subject to available stock.
Any Product offered for sale on the Website shall include a description of its primary characteristics on the Product Website.
The Buyer is bound to refer to the description of each Product so as to be aware of the primary properties and special features.
In the event of any shortage of stock of a Product, the Buyer shall be informed thereof either at the time of placing an order by way of a message which is displayed and indicates that the Product desired is momentarily unavailable, or following confirmation of the order and prior to delivery, by way of an email.
The Buyer then has two choices, namely (i) to receive a partial order, or (ii) cancel the entire order. The Buyer shall have two (2) working days following receipt of the email sent by Laboratoires Vivacy in which to confirm the option offered by the latter, either to cancel the order in full or issue a partial order. If the Buyer fails to respond to Laboratoires Vivacy within two (2) working days, the partial order shall then be sent and delivered to the Buyer. The fraction of the price corresponding to unavailable Products is then reimbursed to the Buyer within a maximum term of fourteen (14) days following notice of non availability, sent to the Buyer, in the same payment method used by the Buyer.
In such instance as the Buyer should request cancellation of the entire order, Laboratoires Vivacy hereby undertakes to reimburse the Buyer for the amount paid by the latter using the payment method used by the Buyer, and in a maximum period of fourteen (14) working days following the date of receipt of the request.
Photographs and texts illustrating the Products are non contractual. If these photographs and/or texts should be incorrect, Laboratoires Vivacy may not be held liable.
It is hereby indicated that the Products are intended for personal use by the Buyer, without any relation to the professional activities thereof.
Consequently, Laboratoires Vivacy hereby reserves the right to refuse orders with a total amount in excess of two thousand (2,000) euros or including over nine Products with the same reference per order.

2.2 Prices

Prices of Products are given in euros. They include VAT applicable at the rate applicable on the date of order.
Prices indicated do not include shipping and delivery fees, which are billed separately and calculated prior to approval of the order.
Laboratoires Vivacy hereby reserves the right to amend prices at any time but the Products shall be billed on the basis of prices in force as at the time of receipt of the order, subject to availability of said Products.
Promotions available on the Website are exclusive and specific to the Website. They shall be applicable to any order placed during the promotion period indicated on the Website, in the limit of available stocks. These offers may not be accumulated with potential promotions offered in the form of money off vouchers.

ARTICLE 3 REGISTRATION AND APPROVAL OF ORDERS

3.1 Browsing within the Website

The Buyer may browse on the Website freely, without however being committed to place an order.

3.2 Registration of an order

During browsing on the Website, the Buyer may wish to register an order and this can be done simply by selecting the Products to be ordered and the quantity desired and clicking on the add to basket icon. The Buyer may, at any time, consult an overview of the order, amend or cancel this by clicking on “My Basket” at the top-right corner of the page.
If the list presented matches the Products selected, the Buyer may confirm the order via the corresponding button.
The Buyer should then log in either by entering an email address and password, if already a member, or by completing the information form with forename, surname, email address and billing and delivery address.
The Buyer is hereby notified and accepts the entry of login information shall constitute proof of identity.

3.3 Order confirmation

By clicking on the button to access payment for an order, the Buyer irrevocably and unreservedly accepts the conditions of the order and the present T&Cs by ticking the corresponding box.
The price is payable in full at the time of order confirmation. The Buyer then makes payment for the order directly online using one of the secure payment solutions indicated under article 4 hereunder.
Once an order is confirmed and payment approved, the order summary is sent by email by Laboratoires Vivacy to the email address entered by the Buyer. The Buyer shall be notified of the payment terms, delivery details, characteristics of the Product(s) ordered, after-sales information and commercial warranties.
The sale shall only be deemed as definitive following issue by the Buyer of the confirmation of acceptance of the order by Laboratoires Vivacy by email.
Any order placed on the Website shall constitute a remote contract concluded between the Buyer and Laboratoires Vivacy.
It is hereby expressly agreed between Laboratoires Vivacy and the Buyer that emails and automatic registrations used on the Website shall prevail between the Parties notably as to the nature and date of order.

ARTICLE 4 SECURE PAYMENT

The total amount payable by the Buyer is indicated in the order confirmation as displayed on the corresponding web page. After consultation of the order summary, and once all information requested has been duly provided by the Buyer, the latter shall have a choice between the various different payment methods:

(i) Payment may be made immediately on the Website by bank card (Bleue, Visa, Eurocard/Mastercard). The Buyer should then indicate the name of the card holder, number, expiry date and three-figure security code on the reverse of the card (visual cryptogram). It is hereby indicated that by choosing to make payment immediately by bank card, the Buyer shall be automatically redirected to the payment system service provider secure payment page.

(ii) The Buyer may also make payment using the secure payment system PAYPAL.
The servers of bank card payment service providers and PAYPAL are secured by S.S.L. encryption (Secure Socket Layer) so as to provide the most effective protection possible for all payment-related information. Consequently, at any time, bank details of the Buyer will not transit via the Laboratoires Vivacy computer system. Laboratoires Vivacy may not, therefore, be held liable in the event of any fraudulent use of the Buyer’s bank details.

Immediately following payment confirmation, the Buyer will be redirected to the Website and the order will then be registered and irrevocable. The purchase order is then registered by Laboratoires Vivacy, which are stored on a reliable and sustainable medium, and considered as proof of contractual relations between the Parties.
In all instances, Laboratoires Vivacy hereby reserves the right to refuse any order or delivery in the event of any (i) dispute existing with the Buyer, (ii) default in payment or partial payment of an order by the Buyer, (iii) refused payment authorisation by bank card by the banking establishments concerned.

ARTICLE 5 DELIVERY AND RECEIPT

5.1 Shipping costs

List of delivery areas and prices (considered as including taxes):

5.2 Delivery terms

Once the order is prepared, it is sent to the delivery address indicated by the Buyer at the time of the order. Products are delivered by the So Colissimo France service (hereinafter referred to as the “Shipping Agent”) and must be signed for. If the Buyer is absent, the Shipping Agent shall leave a notice in the mailbox of the Buyer. The Buyer should then collect the parcel from the post office indicated on said notice and within the deadline notified.

Following receipt of the order, the Buyer should check that the Products comply with the order placed. Any problems with delivery (missing or broken Product, damaged parcel, etc.) should be notified to the Buyer on the delivery note presented by the Shipping Agent at the time of handover of the parcel and must be notified, on the date of receipt or by the latest the first working day following receipt, to the Customer Service Department at Laboratoires Vivacy by The site email sent to customer.service@vivacybeauty.com or by calling +33 1 56 90 08 08. Beyond this period any claim shall be refused and Laboratoires Vivacy shall be relinquished of liability in this regard.

5.3 Delivery lead times

Orders shall be handled by the latest within two (2) working days following order confirmation, subject to full payment of the price by the Buyer. Once processed, orders shall then be dealt with by Shipping Agents.
In all instances, orders are performed within a maximum period of thirty (30) working days following placement of the order by the Buyer.
The site Failing delivery upon expiry of this period, the Buyer should notify the Customer Service Department at Laboratoires Vivacy by sending an email to customer.service@vivacybeauty.com or by calling +33 1 56 90 08 08 so as Laboratoires Vivacy may issue a request with the Shipping Agent. The investigation period will vary as Laboratoires Vivacy does not control performance thereof. If, during the investigation, the order is located, it will be immediately sent to the delivery address indicated in the order. If, following the date of investigation, it is confirmed that the order has been lost, Laboratoires Vivacy shall, at its own cost, re-dispatch the Product(s) or, if definitively unavailable, reimburse the Buyer for all amounts received, by cheque, bank transfer or by Paypal and debited at the time of order.
Failing delivery within the aforementioned deadline, the Buyer shall additionally be entitled to terminate the sale in line with the terms and conditions set forth under articles L.138-2 and L.138-3 of the Consumer Code. Amounts paid by the Buyer shall then be reimbursed by the latest within fourteen (14) days following cancellation of the sale, excluding any compensation or withholding amount.

ARTICLE 6 RETRACTION PERIOD

The Buyer shall have a retraction period of fourteen (14) working days, counting from the date of receipt of the order in full, so as to express the desire to retract the order without needing to provide justification, nor pay any penalties, excluding return shipping costs which the Buyer must pay.
In order to exercise this right, the Buyer should fully complete the model retraction form which can be downloaded here and return this to the Delivery and Returns Department, Laboratoires Vivacy at the following address 252, rue Douglas Engelbart – Archamps Technopole – 74160 Archamps, France. Laboratoires Vivacy shall acknowledge receipt of this request by email or letter.

The Buyer shall then have a further period of fourteen (14) working days following notice to Laboratoires Vivacy of its decision to retract so as to return by recorded delivery to the Delivery and Returns Department, Laboratoires Vivacy at the following address 252, rue Douglas Engelbart – Archamps Technopole – 74160 Archamps, France, all Product(s) in full, unused, in original packaging which should be intact and along with the invoice. Any damaged, dirty or incomplete products shall not be accepted. Failing return of the Products within the aforementioned deadline, the order shall be considered as definitively accepted and no reimbursement shall be accepted excluding under those instances foe which provision is made under the present T&Cs.

Laboratoires Vivacy hereby undertakes to reimburse the Buyer in full all amounts paid, as soon as practically possible and by the very latest fourteen (14) working days following the date on which Laboratoires Vivacy is informed of the Buyer’s decision to retract. Laboratoires Vivacy hereby reserves the right to defer reimbursement of this amount until receipt of the returned items. Initial shipping costs shall be included in reimbursement. Return shipping costs of the item shall however be paid by the Buyer.

ARTICLE 7 WARRANTIES APPLICABLE TO PRODUCTS AND CUSTOMER SERVICE

Products sold on the Website comply with French regulations in force and are compatible for non professional use.
The Products supplied by Laboratoires Vivacy benefit ipso jure, independent of any right of retraction, from a legal warranty for compliance for which provision is made under articles L. 211-4 through 211-14 of the Consumer Code, for products which are clearly defective, damaged, spoilt or do not correspond to the order, and a legal warranty for hidden defects for which provision is made under articles 1641 through 1649 of the Civil Code, for defects concerning materials, design or manufacture and affecting the Products delivered and making these unfit for use.

In order to claim these rights, the Buyer should notify Laboratoires Vivacy, in writing, of non compliance of Products within a maximum period of fourteen (14) working days following receipt, or the existence of any hidden defects within a maximum term of fourteen (14) working days following discovery thereof.
By virtue of these warranties, Laboratoires Vivacy hereby undertakes, at the choice of the Buyer, to issue reimbursement or exchange defective Products or those which do not correspond to the order.
In the event of any Product exchange, the Buyer then has a further period of fourteen (14) working days in which to notify Laboratoires Vivacy of the non compliance of Product(s) received so as to re-dispatch as recorded delivery to the Deliveries and Returns Department of Laboratoires Vivacy at the address 252, rue Douglas Engelbart – Archamps Technopole – 74160 Archamps, France, with all Products in original intact packaging and (ii) along with original packaging as well as the invoice. Failing return of the Product(s) within the agreed deadline, the order shall be considered as definitively compliant and no reimbursement or exchange may be made.
In the event of reimbursement of Products deemed as non compliant or defective, reimbursements shall be made as soon as practically possible and by the latest within a period of fourteen (14) working days following notice to Laboratoires Vivacy of the defect in compliance or the hidden defect. Laboratoires Vivacy hereby reserves the right to defer reimbursement of this amount until receipt of the returned items.

More widely, any question or request concerning the Website or Products as well as any claim made pertaining to Products should be sent to the Customer Service Department at Laboratoires Vivacy accessible by email by writing to: The site customer.service@vivacybeauty.com and by telephone calling +33 1 56 90 08 08 (open Monday to Friday from 9am to 1pm and 2pm to 5pm).

ARTICLE 8 DATA PROTECTION AND FREEDOM OF INFORMATION

Collection of nominative information in the framework of remote sales is compulsory and required for handling and delivery of orders as well as issuing invoices. This information is strictly confidential. Any lack of information shall lead to automatic refusal of the order.
Pursuant to the Data Protection and Freedom of Information Act no. 78-17 of 6 January 1978, all nominative data processed on the Website has been declared to the National Data Protection and Freedom of Information Commission pursuant to simplified standard no. 48. The Buyer has a permanent right to access, modify, rectify and delete personal data. In order to exercise this right, the Buyer should send an ordinary letter to the Customer Service Department at The site Laboratoires Vivacy at the following address 44, rue Paul Valéry 75116 Paris, France or an email to customer.service@vivacybeauty.com.
This data may be sent to partners of Laboratoires Vivacy, responsible for processing, management and payment of orders.

Subject to receiving the prior and express consent of the Buyer at the time of collecting data, Laboratoires Vivacy may send the Buyer direct prospection or newsletters by email.

ARTICLE 9 MISCELLANEOUS PROVISIONS

9.1 Force majeure

The liability of Laboratoires Vivacy may not be incurred in the event of any case of force majeure. In this instance, the Buyer may not claim any compensation whatsoever.
Force majeure shall include any event which is unpredictably, unavoidable and outside the control of Laboratoires Vivacy such as a strike in transportation and postal services, inclement weather, natural disasters, wars, riots and any events which fulfil the criteria set forth by case law handed down by the Court of Cassation and legislation. Any Party claiming occurrence of any event constituting force majeure should duly notify the other within five (5) working days following occurrence or likely occurrence of said event. The Parties hereby agree that they should meet as soon as practically possible in order to collectively set out the terms and conditions of performance of the order during any case of force majeure.

9.2 Partial invalidity

Annulment of any clauses in the T&Cs, for any reason whatsoever, may not affect these presents in whole; and all other provisions shall retain their force and scope.

9.3 Integrality of the agreement

The present T&Cs and the order overview sent to the Buyer shall together form a contractual whole and constitute the integral nature of contractual relations between the Parties.
In the event of any discrepancy between these documents, the T&Cs shall prevail.

9.4 Intellectual property

The site Access to vivacybeauty.com confers the Buyer a private and non exclusive use of the Website. The entire Website is governed by French and international legislation on copyright and intellectual property, concerning its format (choices, plan, provision of materials, means of data access, data organisation), and each item of the content (texts, logos, images, etc.). All content, appearing on the Website, is the exclusive property of Laboratoires Vivacy. Any reproduction, representation, distribution or redistribution, in whole or in part, of the content on this Website and on any medium or by any process whatsoever as well as any sale, resale, retransmission or provision to third parties in any manner whatsoever is prohibited, without the prior express consent of Laboratoires Vivacy. Default in respect of this provision shall constitute counterfeit likely to incur the civil and criminal liability of the perpetrator.

9.5 Applicable law and jurisdictional clause

The present T&Cs and the sale of Laboratoires Vivacy Products are subject to French law, whatever the country of residence of the Buyer or the place where orders are placed.
Any dispute arising and pertaining to the present T&Cs or sales transactions concluded pursuant to these presents shall fall, even in the event of multiple defendants, within the sole and exclusive remit of the French courts holding jurisdictional competence as governed by the French Civil Procedure Code.
The Buyer is hereby notified that it may, in all instance, have redress to conventional mediation notably with the Commission for Consumer Medication or with sector-specific mediation bodies existing or any alternative method of resolution of disputes in the event of any objection.

PRE-CONTRACTUAL INFORMATION AND ACCEPTABLE BY THE BUYER

The Buyer hereby acknowledges to have received, prior to approval of the order, in a legible and comprehensive manner, the present T&Cs and all information indicated under articles L. 111-1 through L.111-7 of the Consumer Code, and in particular the fundamental characteristics of Products, the price of Products and related fees (delivery, etc.), delivery lead times, identity of the Seller, payment and delivery methods, legal and contractual warranties and their terms and conditions of implementation and the right of retraction.

Last updated: February 2021

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