We welcome you to the www.ium-paris.com website of LABORATOIRES IUM PARIS SAS (the "Site") and are pleased to offer you a range of cosmetic products on the Site (the "Products"). The offer of our Products on the Site is reserved exclusively for private individuals who are not professionals or "end buyers" making purchases for personal use (the "Customers").
1. WHAT DOES OUR ONLINE GCV CONTAIN? WHY ARE YOU ADVISED TO READ THEM CAREFULLY?
Our General Terms and Conditions of Sale define the terms and conditions for the online sale and delivery of Products, as well as the steps involved in placing an order, and they express all of your obligations and rights, as well as those of IUM PARIS LABORATORIES, which result from the confirmation of your online order for these Products on the Site.
We invite you to carefully read the General Terms and Conditions of Online Sale for our Products offered on the Site, as prior to placing an online order with IUM PARIS LABORATORIES, you will be considered to have read, understood and accepted our General Terms and Conditions of Online Sale without reservation.
This is prior information that you must take note of, within the framework of the provisions of article L.221-5 of the Consumer Code.
Acceptance of the General Terms and Conditions of Sale is in no way conditional on a handwritten signature on your part.
Our General Terms and Conditions of Sale are available on the Site and can also be sent to you on request by e-mail or post. You may also save or print these Terms and Conditions of Sale provided that you do not modify them.
We reserve the right to modify our Terms and Conditions of Sale online at any time, the last update date is mentioned at the top of this page.
Each time you order our Products online, the General Terms and Conditions of Sale that will be applied to you are those in force at the date of your order.
Our General Terms and Conditions of Sale apply to all Customers purchasing our Products on the Site to the exclusion of any other document, and in particular the conditions applicable to sales in shops or through other distribution and marketing channels.
Our Products are offered for sale within the framework of a selective distribution network and are exclusively intended for your personal use.
Consequently, the resale or distribution of IUM PARIS LABORATORIES purchased on the Site is strictly prohibited.
If you have any questions about the content of our online General Terms and Conditions of Sale, you may do so before placing an order by sending an e-mail to contact@ium-paris.com.
2. WHO ARE WE?
Online sales of Products on this Site are managed by:
Laboratoires IUM Paris
SAS with a capital of €100,000
VAT N°: FR27 9039370670
RCS de Paris: 903 937 670
6 rue d'Armaillé - 75017 Paris
3. INFORMATION AND AVAILABILITY OF OUR PRODUCTS
We offer to our Customers the sale, within the limits of available stocks, of the Products appearing only on the Site, on the day of your consultation of the latter.
In the event of unavailability of Products after placing your order, you will be informed by email or telephone as soon as possible, offering you either to order another item available on the Site as a replacement, or to cancel the Sale. In the latter case, you will be reimbursed within 30 days at the latest from the date of payment, if your bank account has been debited.
In no event shall IUM Paris be liable for any Product being out of stock or unavailable.
We reserve the right to withdraw Products from the online sale at any time and without prior notice.
All offers of Products proposed to our Customers on the Site are limited to orders placed for delivery in Metropolitan France (including Corsica), Monaco, Andorra, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Great Britain, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, the Netherlands, Poland, the Czech Republic, Portugal, Bulgaria, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
We have taken particular care in the presentation and description of the Products. Nevertheless, the photographs illustrating the Products sold on the Site are not contractual and are for information purposes only.
IUM Paris cannot be held responsible for any error or inaccuracy in the photographs or graphic representations of the Products on the Site.
We invite you to refer to the description of each Product to know its characteristics or to ask us questions by contacting our Customer Service at the address:
contact@ium-paris.com.
Purchase offers, including promotional offers, are valid as long as they are advertised on the Site.
Any promotional offer not originating from the Site may not be validly opposed to IUM Paris.
4. THE PRICE OF OUR PRODUCTS ON THE WEBSITE
The price in force is the one indicated on the Site at the time you place your order.
The prices are expressed in euros and include all taxes, including the VAT applicable in France on the day of the order and any change in the legal rate of this VAT will be reflected in the price of the Products presented on the Site.
For countries outside the European Community, sales will be made without tax.
The prices do not include the shipping costs of the Products, which will be invoiced in addition and will be indicated before your final validation of the order.
IUM Paris reserves the right to modify its prices at any time, it being understood that the Products ordered are invoiced at the price in force at the time your order is registered, subject to availability of the Products ordered.
5. HOW TO PLACE YOUR ORDER AND RECEIVE CONFIRMATION OF YOUR ORDER
To purchase the Products, you must connect to the Site and enter your e-mail address and password or create an account by entering your title, surname, first name, telephone number, address, e-mail address and password.
As our Site is intended to sell Products to private individuals for personal use, and in accordance with Article L121-11 of the French Consumer Code, IUM Paris reserves the right to refuse or cancel any order that does not correspond to the usual average use of a household or any order that suggests that an economic activity is being carried out by the Customer in connection with the Products ordered.
Consequently, IUM Paris reserves the right to limit, for a single order or for several cumulative orders, the total amount of the order to 2500 € and the quantity ordered to 3 items of the same reference.
In accordance with the law in force, IUM Paris undertakes to execute the order within a maximum of 30 days from the date of validation of your order, subject to availability and full payment of the price.
Your order will be definitively validated after you have chosen your delivery method, your payment method, and after you have clicked on the "Order" button, it being understood that before clicking, you can check the details of your order and its total price, modify it or cancel it if necessary.
An email confirming your order will be sent to you with the following details:
• The number of your order with a summary of the references of the Products, the quantity, the price,
• The total amount of your order with taxes included,
• Information on the delivery of the ordered Products (costs, address...)
You accept that the validation of the order as well as the validation of the payment legally generate the sales contract (the "Sale") between you and IUM Paris. In addition, your validation of the payment and the email confirming receipt of the order by IUM Paris will serve as proof of acceptance of your order and its final validation.
The data recorded by IUM Paris and the payment provider constitute proof of the nature, content and date of your order. Consequently, as soon as the order and the payment are definitively validated, you will not be able to cancel or modify the Sale, subject to your right of withdrawal and the availability of the Product ordered. Payment will then be triggered as soon as your order is validated.
In the event that a Product is not available after the Sale, you will be informed as soon as possible by e-mail or telephone. The Sale shall be cancelled, and if your account has been debited, the payment shall be recredited to you as soon as possible, and IUM Paris shall notify you as soon as the Product is available again.
IUM Paris reserves the right to cancel any order or any Sale from Customers with whom there is a previous dispute or for any other legitimate reason, particularly with regard to the abnormal nature of the order, especially in the case of orders for quantities and/or amounts that are unusual for a final consumer.
Orders placed for delivery outside of France may result in different processing times, especially for deliveries of orders excluding VAT.
In general, the computerized registers, kept in our computer systems under reasonable security conditions in accordance with our Privacy Policy - Data Protection will be considered as proof of communications, orders and payments between you and IUM Paris.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
We recommend that you print and keep the order confirmation in order to keep a record of the order.
6. HOW IS YOUR PAYMENT FOR THE ORDER MADE?
Any order placed on the Site will be payable immediately after your validation of the order. All orders are payable in euros.
The payment of the order is made online on the Site by means of a payment card (Visa, Carte Bleue, Mastercard, Paypal).
The payment is made via the secure server of the company SHOPIFY.
This implies that no banking information concerning you is transmitted via our Site, which ensures a completely secure payment.
The full amount of your order will be debited from your bank account from the day of the order.
You acknowledge that if you use a bank card associated with an account managing a currency other than the euro, your bank may charge you exchange fees and bank charges which will be payable by you only.
In accordance with the French Data Protection Act of 6 January 1978 and the RGPD, you have the right to access, rectify and object to all your Personal Data at any time.
In the event of refusal of authorisation for payment by credit card by the officially accredited organisations that are usual on the Internet or in the event of non-payment or in the event of non-payment of all or part of a previous order, IUM Paris reserves the right to suspend all execution of your order and all delivery of the Products.
The Products remain the property of IUM Paris until full payment has been received by IUM Paris.
However, you assume the risk (in particular of loss, theft or deterioration) concerning the Products delivered and this as from the effective date of delivery.
7. THE CONDITIONS AND RATES FOR DELIVERY OF YOUR ORDER
The Products in your order, validated and paid for in accordance with these General Terms and Conditions of Sale, will be delivered to the address you indicated when you placed the order.
We exclude deliveries for which the delivery address given on the Site is a poste restante address and a post office box.
The delivery period begins as soon as the order confirmation e-mail is sent.
As delivery is carried out by a third party service provider, you are informed that IUM Paris cannot be held responsible, within the limits authorised by law, if the non-performance or poor performance of the delivery conditions is attributable to you or to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure.
Any delay in delivery of more than 5 days must be reported as soon as possible by telephone or e-mail to contact@ium-paris.com.
For all deliveries, the Products are delivered by Colissimo. The delivery time and cost depend on the delivery zone chosen by the Customer at the time of placing the Order, and are indicated in the table reproduced in the Appendixto these General Terms of Sale.
8. WHAT TO DO WHEN YOU RECEIVE YOUR ORDER: COMPLAINTS - INFORMATION
Upon receipt of the package, you must immediately check the apparent condition of the package and the Products, the condition of the packaging of the Products and note any apparent defects.
In the event of delay, deterioration or partial loss of the Product, you are required to make clear reservations, which must be recorded on the delivery receipt presented by the carrier and then communicate them immediately by email, post or telephone to the attention of IUM Paris.
9. HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL?
From the date of delivery of your order, and in accordance with the provisions of Article L.221-18 of the Consumer Code, you have a period of 14 working days to exercise your right of withdrawal.
Indeed, if you change your mind, for whatever reason, and decide not to keep a Product, you can return this Product to us within the time limit and according to the procedure explained below, and request a refund.
In accordance with article L. 221-21-3 of the French Consumer Code, the cost of returning the Products will be borne by the Customer, except in the case of a lack of conformity of the delivered Products with the order, in which case the return costs will be borne by IUM Paris.
We do not accept packages sent by postage due.
The right of withdrawal can be exercised by e-mail to contact@ium-paris.com. An acknowledgement of receipt by email will be sent to the buyer.
Any other form of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
You will have a period of 14 days from the sending of the email to return the Product ordered to the same address, accompanied by a copy of the purchase invoice, and in its original, unopened packaging, in order to allow the returned Product to be marketed again in new condition.
It is your responsibility to take care of the packaging of the returned Product, as you are responsible for the transport.
An unpacked, used, damaged, soiled or incomplete Product will not be accepted for return.
All risks related to the return of the Products are at the customer's expense. IUM Paris recommends that you subscribe to a parcel tracking option in order to avoid any inconvenience in the event of loss or theft of the Products during the return transport.
If the order is not returned within the time limit, your order will be considered final and no refund will be possible, except in the cases provided for in the present General Terms of Sale.
IUM Paris undertakes to reimburse you for the amount of the order corresponding to the returned Products, subject to compliance with the conditions mentioned above.
The refund will be made according to the method of payment used by you within 14 days of receiving the returned Products.
10. WHAT LEGAL GUARANTEES DO YOU HAVE?
Legal guarantee of conformity and hidden defects:
IUM Paris guarantees the conformity of the Products to the Sale concluded with its Customer which gives you the right to claim the implementation of the legal guarantee provided for in articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and articles 1641 and 1648 of the Civil Code.
Article L 217-4 of the French Consumer Code:
The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code:
The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable :
• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter
Article L217-12 of the French Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the French Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from the defects or apparent defects of conformity.
11. LIMITATION OF LIABILITY OF LABORATOIRES IUM PARIS - FORCE MAJEURE
IUM Paris is only bound by an obligation of means. It is up to the Client to judge the appropriateness and suitability of the items ordered.
IUM Paris shall not be held responsible for the use of Products that do not comply with their intended purpose.
As the delivery is carried out by a third party, IUM Paris declines all responsibility in the event of excessive delivery time due to the postal services, as well as in the event of loss of the Products ordered or a strike of the postal services.
You will assume the risks concerning the delivered Products from the moment you take possession of them upon delivery.
IUM Paris shall not be held liable for the total or partial non-performance of its obligations, if such non-performance is due to an act of God or to the occurrence of an element constituting force majeure.
These events constitute a cause for suspension and/or extinction of IUM Paris' obligations towards the client, without compensation to the client.
IUM Paris reserves the right to suspend the operation of the Site, and does not guarantee that the Site will be available continuously, without temporary interruption, without suspension and without error.
12. HOW IS YOUR PERSONAL DATA PROCESSED WHEN YOU PLACE AN ORDER?
IUM Paris may collect the following personal data: - name and surname, - postal address, - e-mail address, - telephone number.
This data will be processed by IUM Paris for the management and follow-up of your orders and deliveries of the products ordered, in accordance with our Privacy Policy - Data Protection.
Your personal data is intended for use by IUM Paris and its delivery service provider or any service provider requested in connection with the execution of your order.
They will be kept for the time strictly necessary to achieve the purposes set out above and archived for the duration of the applicable legal requirements.
This data will not be transferred outside the European Union.
In accordance with the applicable regulations on the protection of personal data, our customers have the right to access, delete and rectify data concerning them, as well as the right to limit and oppose the processing of such data.
They also have the right to set out instructions on what should happen to their personal data after their death.
However, the exercise of the right to erasure and the right to object to mandatory data may prevent the customer from benefiting from certain services offered by the Company.
For any request, please write to Laboratoires IUM Paris - Customer Service - 6 rue d'Armaillé - 75017 PARIS France.
All requests must contain the Client's first and last name, postal address or e-mail address, as well as a copy of a document proving his/her identity.
Customers may also file a complaint with the CNIL by sending their request to
CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
13. HOW YOU CAN USE OUR INTELLECTUAL PROPERTY RIGHTS ON THE SITE
In accordance with the laws and conventions governing intellectual property, copyright and other similar rights, this Site and all elements, trademarks, designs, models, photographs, texts, illustrations, logos, animated or non-animated sequences, sound or otherwise, graphics, etc., found on this Site, as well as their compilation, are the exclusive property of LABORATOIRES IUM PARIS SAS, which does not grant any license or any other right than that of consulting the Site.
The reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Neither all or part of the Site, nor its contents, nor the Marks may be used, reproduced, duplicated, copied, sold, resold, made available, modified or otherwise exploited, in whole or in part, for any purpose whatsoever.
Any other use constitutes an infringement of copyright under Articles L 335-2 et seq. of the Intellectual Property Code.
14. HOW TO RESOLVE YOUR DISPUTES THROUGH MEDIATION?
For any information, complaint, questions relating to the Products and their use or to the conditions of mail order sales, customers should contact Customer Services at contact@ium-paris.com or by post, quoting your order number.
In accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code, if you consider that your complaint has not been resolved satisfactorily, you may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
You acknowledge that 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 of charge for the consumer (R612-1 of the Consumer Code).
You can use the mediation service for consumer disputes related to an order placed with IUM Paris on the Internet.
Our clients are reminded that before referring a matter to a mediation service, it is imperative that they first contact the IUM Paris Customer Service at the following address:
contact@ium-paris.com.
To find out how to contact the mediator, please click on this link http://www.mediateurfevad.fr/index.php/espace-consommateur/.
You can consult the European Commission's online dispute resolution platform
15. WHICH LAW APPLIES TO OUR GENERAL TERMS AND CONDITIONS OF SALE? WHICH COURT HAS JURISDICTION?
The present General Terms and Conditions of Sale and the contractual relations between IUM Paris and its client are governed by French law.
In the event of a dispute between IUM Paris and its client, an amicable settlement must be sought as a matter of priority, prior to any referral to a court.
Any dispute arising from the application or interpretation of the General Terms and Conditions of Sale shall, in the absence of an amicable settlement as set out above, fall within the jurisdiction of the Court of Appeal of Paris.
Any order placed by a Customer implies an explicit and irrevocable renunciation of any action of any nature whatsoever which does not fall under the exclusive jurisdiction of French law.