General Terms and Conditions of Sale

 

 

The present general terms and conditions of sale ("GTC") govern the relations between the company "DIALUSKIN", a simplified joint-stock company (SAS) registered in the Paris Trade and Companies Register under the number 98320177300014, whose head office is located at 66 Avenue des Champs Elysées Lot 41 and the customers wishing to place an order on the website https://dialuskin.com (the "Website").

 

Any online purchase implies full and complete acceptance of these T&Cs.



These Terms and Conditions can be modified at any time according to the changes on our Site and/or regulations.



It is the Terms and Conditions in effect at the time of placing the order that must apply.



Special conditions for certain products may supplement these General Terms and Conditions of Sale. They will then be specified during the presentation of the concerned item.



If a condition were to fail, it is the practices in force in the distance selling sector that are intended to apply.



You can directly contact our Customer Service by phone at 0756997409

from Monday to Friday 10 am to 6 pm or by email at contact@dialuskin.com for any question for which you have not found the answer in our present T&Cs.

For all complaints, please contact us at the following address: réclamationdialuskin@gmail.com.com

 

1. THE PRODUCTS

 

2. CREATION OF YOUR CUSTOMER ACCOUNT

 

3. HOW TO PLACE AN ORDER?

 

4. PRODUCT prices

 

5. RULES

 

6. DELIVERY

 

7. right of withdrawal

 

8. RETURNS, REFUNDS, EXCHANGES

 

9. WARRANTIES

 

10. PERSONAL DATA

 

11. COOKIES

 

12. LIABILITY AND FORCE MAJEURE

 

13. IN CASE OF DISPUTE

1. THE PRODUCTS



The Products offered for sale are those that appear on the Website, on the day of the Website consultation. The photographs and texts illustrating the Products are subject to change.



In case of unavailability of a Product, you are informed of this unavailability:

  • either, during your order

  • or, following the validation of your order and before delivery by email.



In case of unavailability of a product, we commit to refund you within 14 days from the date of your order.

 

 

2. CREATION OF YOUR CUSTOMER ACCOUNT



You can create a customer account via the "Register" section..



By creating your account you will be able to:

  • provide, consult, modify and update your personal information;

  • identify yourself before placing an order

  • track your current orders and obtain your order numbers;

  • obtain your invoices

  • consult your past orders

  • access the tracking of your order



By creating your customer account, you must create a password to secure access to your account.



You agree to keep this password confidential and not to disclose it to a third party. In this regard, you acknowledge that you are responsible for all activities emanating from your customer account. In case of suspicion of the use of the identifier and password by a third party, you must immediately alert us in order to change your password and/or choose to close your customer account.



For any information on this, you can click on "Forgot Password?"

 

3. HOW TO PLACE AN ORDER?



You can place an order directly on our website by creating a customer account via the "Register" section or as a guest, without creating an account.



By placing an order on our website, you confirm that you are purchasing our products for personal use in quantities that correspond to the usual needs of a consumer. We reserve the right to refuse an order that is clearly placed by a professional customer.



Product offers and prices are valid as long as they are visible on the website, subject to availability. In the event of commercial operations, the duration of the offer is indicated on the website. It may happen that our products are temporarily unavailable, of which you will be informed on the product sheet.





To place an order, you must:

  • Log in to your customer account, create one if you do not have one, or continue as a guest;

  • Select your items, the desired quantity, and then add them to your cart. You can check the number of products in your cart and their characteristics at any time;

  • Once your order is finalized, click on "Cart";

  • Choose your delivery method and complete your delivery address;

  • Choose your payment method, read and accept the entirety of these T&Cs then proceed to the secure payment of your order. The payment of your order implies full and complete acceptance of these Terms and Conditions of Sale.



Once your order is confirmed, you will receive an email confirming your order.



By placing an order, you declare that you are at least 16 years old and have the legal capacity to place an order on our website according to the legislation of your country.



Once your order is prepared, you will receive an email informing you of the shipment of your items. You will then be able to track the status of your order using the tracking information contained in the email. If you do not receive any email (neither confirmation nor shipment of your order), you can contact us to get more information at the following email address: contact@dialuskin.com.



It may happen that we are forced to cancel your order for a legitimate reason, for example:

  • when we believe you have violated our current T&Cs;

  • when we notice fraudulent and/or abusive use of your account or related orders;

  • when you have been able to place an order while your product has meanwhile become unavailable: we will inform you as soon as possible and refund the amount of your order as soon as possible;

  • when a technical error appears during your payment;

  • when a clear error has slipped into the product sheet (for example on the essential characteristics of the product, or in case of a clearly erroneous price);

4. PRODUCT PRICES



The prices of our products are indicated on our website in euros, all taxes included (TTC), excluding delivery costs which will be specified to you when choosing your delivery method.



They take into account the Value Added Tax (VAT) and any applicable discounts under our current commercial operations on the day of your order.



The price of our Products is payable in full, on the day of placing your order. We will not be obliged to deliver the ordered products if the price has not been fully paid in advance.



Delivery charges are indicated on our website and are expressed inclusive of tax.

5. PAYMENT

The payment for your order is made directly online through express payment (shopPay, PayPal, ApplePay) or by credit card (CB, Visa, MasterCard, Amex, Maestro).



After confirmation of your payment by our payment provider, your bank account will be debited with the total amount of your order within a period of 24 to 48 hours.



The transactions are secure and comply with current legal provisions: they take place within a strict framework of confidentiality and encryption of your data at our payment provider.



We do not have access at any time to your personal data concerning your payment methods, particularly credit card, and do not store them on our servers.



6. DELIVERY



Your orders can be delivered worldwide. Delivery is free for purchases over 75€ throughout metropolitan France.



Different delivery methods will be offered once your delivery address is completed.

The order preparation time can vary between 4 to 7 working days



This period can be extended during times of high traffic (during sales periods or end-of-year holidays for example).

In case of delay or problem related to your delivery, we invite you to contact us by phone at (to be completed) (price of a local call) from Monday to Friday from 10:00 to 18:00 or by email at the address: reclamationdialuskin@gmail.com



What to do if the delivery has arrived damaged?



Visible defect at delivery



If the defect is visible at the time of delivery (for example by damaged packaging), we invite you to take a photo and refuse the delivery.



Visible defect after delivery



If you notice a defect once the item is unpacked, you have a maximum period of 3 days to contact us. We will find the most satisfactory solution for you: the replacement or repair of the item, free reshipment of a new compliant item, or a refund.



We invite you to make your claim through our contact form.



7. RIGHT OF WITHDRAWAL - RETURNS - REFUNDS

 

In accordance with the provisions of Article L.According to Article 221-18 of the Consumer Code, you have a period of 14 (fourteen) working days from the receipt of the products you have purchased remotely, to exercise your right of withdrawal.

 

If you decide to exercise your right of withdrawal, you must do so using the withdrawal form provided for this purpose or any other unambiguous written statement expressing your desire to withdraw before the expiry of the deadline set out above, in accordance with the provisions of articles L221-21 and L221-22 of the consumer code, by email to contact@dialuskin.com.

 

The right of withdrawal and refund are only possible provided that the products are in perfect resale condition in their original packaging, without any signs of damage or use.

 

In the absence of the return of the Products within fourteen (14) days following the communication by the Buyer of his decision to withdraw, no refund will occur.

 

In order to be returned, your item must be unused and in the condition you received it, without any signs of damage or use. It must also be in its original packaging.

 

To complete your return, we require a receipt or proof of purchase.

 

The Products must be returned at your expense to the following address: 14 Boulevard Joséphine Baker, 94350 VILLIERS-SUR-MARNE.

 

You must keep proof of this return.

 

Partial refunds may be granted in certain cases:

  • if the returned item, not in its original condition, is damaged or if parts are missing for reasons not related to DIALUSKIN,

  • if the item shows obvious signs of use,

  • if the item has been shipped and the customer has not received it or provided an incorrect address

 

Once your return is received and inspected, we will send you an email to notify you that we have received the returned item. We will also specify whether your refund is approved or denied. If approved, your refund will then be processed and your credit card or original payment method will be automatically credited within a few days.

 

8. WARRANTIES

In accordance with articles L.Under sections 217-3 and following of the Consumer Code, the Seller is obliged to deliver a Product in accordance with the order made by the Buyer and must answer for any conformity defects existing at the time of delivery of said Product, appearing within a period of two (2) years from it.

The Seller also responds, within the same timeframes, to non-compliance defects resulting from the packaging.

This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point of the Buyer's action is the day on which they become aware of the non-compliance.

Under the legal warranty of conformity, the Seller must deliver in accordance with articles L.According to articles 217-4 and following of the Consumer Code, "a good must comply with the contract and is liable for any non-compliance existing at the time of delivery. It also responds to non-compliance defects resulting from the packaging, assembly instructions, or installation when this has been charged to it by the contract or was carried out under its responsibility.»



The legal warranty of conformity applies when your product has a conformity defect, for example when your product does not function according to the uses for which this product is usually used, or when it does not match the given description.



Under the legal warranty for hidden defects, in the conditions of article 1641 and following of the Civil Code, "The seller is bound by the warranty due to the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so reduce this use that the buyer would not have acquired it, or would have given a lower price, if they had known about them.

The warranty against hidden defects covers you when your product has a hidden defect, that is, a defect not apparent at the time of sale that makes the product unfit for its use or greatly reduces this use.

Please note that the legal warranty of conformity and the warranty against hidden defects will not be applicable in case of misuse of your products or non-compliance with the maintenance conditions provided in your order.

Under the legal warranty of conformity, you:

  • have a period of two (2) years from the delivery of the product to take action;

  • can choose between the repair or replacement of the product, subject to the cost conditions provided by article L.217-9 of the Consumer Code ;

The legal warranty of conformity applies regardless of any commercial warranty that may be granted.

If the non-compliance of the product(s) is confirmed or if the hidden defect is proven, the Buyer can choose between the repair and replacement of the Product, subject to the cost conditions provided by article L.217-12 of the Consumer Code.

You can decide to implement the warranty against hidden defects as per Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction in the sales price in accordance with Article 1644 of the Civil Code.

9. LIABILITY AND FORCE MAJEURE



We commit to describing the products we sell on our website with the greatest accuracy and to ensure, in the best possible conditions, the updating of the information contained therein.



Our responsibility cannot be held in the event of a breach of one of our contractual obligations resulting from a case of force majeure as defined by current texts and laws.



Specifically, we cannot be held responsible for any non-performance or delay in the execution of your orders, caused by events beyond our control, such as:

• Strikes, closures or other industrial actions;

• Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war;

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic and pandemic or other natural disasters;

• Inability to use rail, boat, air, road or other private or public means of transport;

• Inability to use public and private telecommunications networks;

• Acts, decrees, legislation, regulations or restrictions of any government (for example administrative closure of stores);

• Failure or accidents of maritime, postal or other transport.

The execution of these General Terms and Conditions of Sale will be suspended for as long as the force majeure lasts, and the execution and delivery times will be extended accordingly.

Please be aware that we will do everything possible to find a solution that allows us to fulfill our contractual obligations despite the case of force majeure.


10. PERSONAL DATA



Providing personal information (personal data), indicated by an asterisk, and collected as part of distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the issuance of invoices. This information is strictly confidential and is only used by the Seller, or its subcontractors subject to the same obligations, for the processing of orders placed and in accordance with the accessible Personal Data Policy.

(https://dialuskin.com/pages/terms-and-conditions)

It is reminded that the Buyer has the right to access, modify, rectify and delete personal data concerning him.

To exercise this right, the Buyer can send a message accompanied by proof of identity to the Seller's Consumer Service.

(https://dialuskin.com/pages/terms-and-conditions)

The Buyer may receive informational emails about the Seller's Products and activities, if the Buyer has previously consented by ticking the box provided for this purpose. The Buyer retains the right to refuse such communication, either in advance by not giving their consent at the time of order validation, or afterwards by expressing their refusal via email by clicking.

(https://dialuskin.com/pages/general-sales-conditions)

11. COOKIES



Our website uses cookies. Cookies are computer files, stored on the hard drive of the Buyer's microcomputer. For more information on the use of cookies by the Seller on this Site, we invite you to read the available information 

(https://dialuskin.com/pages/general-sales-conditions)



12. IN CASE OF DISPUTE



The present General Terms and Conditions of Sale are subject to French law as it exists at the time of your order.



In case of dispute, we invite you to contact us to seek an amicable solution together by phone at 0756997409 from Monday to Friday from 10am to 6pm or contact us at the email address: reclamationdialuskin@gmail.com

 

In the absence of an agreement, you can contact the Mediator of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows:

Mailing address: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr

Email address: mediateurduecommerce@fevad.com



The European Commission also provides you with an online dispute resolution platform accessible at the following address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR



If we unfortunately do not reach an amicable solution, the dispute will fall under the jurisdiction of the French courts and French law will be applicable.