Terms of Sales
Preliminary article and legal notices
These General Terms and Conditions govern the relations between the users of the www.korean-smooch.com website and IMAMIAH SARL, owner of the Korean Smooch trademark, and owner of the www.korean-smooch.com website.
In order to comply with the provisions of the Law on Confidence in the Digital Economy of 21 June 2004, and to facilitate the identification of the publisher, it is hereby reminded that the present website is published by IMAMIAH SARL, with a capital of 1 000 €, registered with the RCS of Toulouse under the number 810 925 587, whose registered office is located at 60 impasse Lespinasse, 31140 AUCAMVILLE.
Intra-Community VAT n ° FR 39801925587
To satisfy the requests and complaints of the users of the website, an e-mail address is at their disposal: firstname.lastname@example.org.
The users of the website can also send their request by post, to the following address: SARL IMAMIAH, 60 impasse Lespinasse, 31140 AUCAMVILLE.
This site is hosted by O2SWITCH, whose registered office is located at 222-224 boulevard Gustave Flaubert, 63 000 CLERMONT-FERRAND. The company O2SWITCH can be contacted by phone on +33 (0) 4 44 44 60 40.
Article 1: Definitions
KOREAN SMOOCH: means the trade name of IMAMIAH SARL, and the domain name of this site.
PUBLISHER: means IMAMIAH SARL.
USER: means any internet user having the use of the website www.korean-smooch.com, whether or not that user has a customer account on the site.
BUYER: means any Internet user who has a customer account on the website www.korean-smooch.com, and who has validated his order.
SELLER: means IMAMIAH SARL.
BUILDER: means the entity of production and manufacture of the object or product.
SITE: designates the website www.korean-smooch.com.
CGV: refers to these general conditions of sale.
Article 2: Purpose
The SITE www.korean-smooch.com is an e-commerce platform dedicated to the sale of products and beauty objects.
These Terms define the contractual relations between the SELLER and the BUYER, as well as all the rules applicable to the purchases made on the SITE and to the USERS of the SITE.
The SELLER reserves the right to modify the present GTC at any time.
The applicable GTC are those under which the order was placed by the BUYER. The date of the order is binding.
Access to the SITE is free.
Article 3: Acceptance
Acceptance of these GTCs warrants the BUYER's subscription to the contract they govern. This acceptance is a necessary condition for the purchase of products and objects on the SITE. At the end of the order process, the BUYER validates the present T & C.
More generally, these Terms and Conditions come to frame the use of the SITE. Each SITE USER acknowledges having read and accepted them. Each USER acknowledges the probative force of the automatic registration systems of this SITE, and waives any right to contest them in the event of a dispute, unless he bears the burden of proof to the contrary.
Article 4: Order Process
4.1: Customer account
The USER who benefits from an account on the SITE can place orders, have access to the history of his orders and the tracking of his deliveries.
As such, the USER will have to provide a certain amount of information, some of which are essential for the validation of the order.
If this information disappears in circumstances beyond the control of the EDITOR, the latter can not be held liable, since the information provided by the USER of this SITE is only informative. Nevertheless, the contractual elements whose preservation is required by the regulations in force will be kept in a secure way.
The confidentiality of the information provided by the SITE USER is guaranteed by a password, which he undertakes not to communicate. In case of fraudulent use of this password by a third party, the EDITEUR can not be held responsible for the consequences that result from it.
The USER agrees to provide accurate information. The EDITOR reserves the right to resolve the contract and delete the account if the USER provides incorrect information. The EDITOR may also, if necessary, initiate judicial proceedings in case of fraudulent use of the SITE. Any account that has been inactive for at least one year may be deleted by the EDITOR
4.2: Order Process
4.2.1: The order
In accordance with the Hamon law of March 17, 2014, this SITE does not include any pre-checked boxes that would make subscription to the USER paying options that have not been the subject of prior information.
The USER of the SITE who wishes to make a purchase has a basket in which he can add the products and objects that he wishes to acquire.
When the user has created his / her basket, the user can access the summary by clicking on the button provided. It contains all the selected products and objects, their quantity, their price and the overall cost of the basket. He can make the necessary modifications, removing certain products or objects from the basket, or on the contrary resume browsing the SITE to add other products or objects to his basket.
When the USER has checked his shopping cart, he can proceed to his validation, and accesses an online form from which he can connect if he already has an account, or that he can complete for the creation of a new account.
When the USER is identified, it is returned to a page enabling it to complete or modify its delivery and billing details
When the USER has verified and / or completed his delivery and billing details, he is redirected to the delivery page from which he chooses his method of delivery and accepts once again these General Terms and Conditions.
The delivery periods start to run only from the actual receipt of the payment by the SELLER.
Finally, the USER is redirected to the secure payment terminal, where it completes the requested information.
The USER can pay his purchases by credit card, or via the Paypal interface if he has an account.
Credit card payments are made directly to the Crédit du Nord bank. Therefore, the SITE EDITOR does not have access to the payment data provided by the USER
When the payment has been received by the EDITOR of the SITE, the latter sends an acknowledgment of receipt to the BUYER by electronic means, and supplies him with an invoice containing all the elements relating to the products and objects, their price, their quantity And delivery terms, within 24 hours.
By this same e-mail, the BUYER is informed of the modalities relating to the exercise of his right of withdrawal, a model of withdrawal slip will be made available to him.
In case of unpaid payment, the sums owed by the USER to the EDITOR will be subject to legal penalties equal to three times the legal interest rate, from the day following their due date, without formal notice prior.
The SITE EDITOR can not be held responsible for any malfeasance or fraudulent use of any means of payment that would not have been detected by the verification procedure. The PURCHASER warrants to the EDITOR that he has the necessary authorizations to use the method of payment he chooses for his order.
Any fraudulent use of the credit card can not be refunded by the EDITOR. As long as a control has not been fully set, the product (s) remain the property of the EDITOR.
Article 5: Products
5.1: Authenticity, security, guarantee and good practices
The EDITOR guarantees the authenticity of the products present on the SITE, as well as their visual reproduction, as perfectly faithful to the reality. However, in the state of technical developments, the representation of the products in terms of color and shape can vary substantially from one computer station to another. These variations can in no case be attributed to the EDITOR, who does not assume his responsibility.
As the expiry date is not stated on Asian products, it is advisable to use them within 24 months after the date of manufacture, mentioned on the label, and within 6 months after opening.
The EDITOR of this SITE is subject to the guarantee of the conformity of the products that it proposes for sale, in application of the article L211-5 of the code of the consumption. In case of defect of a product bought on this SITE, the consumer benefits from the legal provisions relative to the guarantee of hidden defects in accordance with article 1641 of the Civil code. Pursuant to the provisions of Article 1648 of the Civil Code, the BUYER has a period of 2 years from receipt of the product to solicit from the SELLER the reimbursement of the product or the reimbursement of part of Its price if it wishes to retain it, in accordance with Article 1644 of the Civil Code. The BUYER may also request the exchange of the product with the SELLER.
In addition to the guarantee of latent defects provided for in the Civil Code and the guarantee of conformity provided for in Article L211-5 of the Consumer Code, the BUYER may benefit from a conventional guarantee offered by the SELLER or The MANUFACTURER whose duration may vary according to the product. This contractual warranty is detailed on the product description and product leaflet.
The EDITEUR declares that the products sold on this SITE are marketed in compliance with the laws and regulations in force in France. The application of these rules is subject to mandatory dis- plays in the product descriptive sheets.
The cosmetic products sold on this SITE benefit from the approvals necessary for their placing on the market and meet ISO GMP standards.
If there are risks related to the use of the products sold on this SITE, they are mentioned on the SITE, on each product and, if applicable, on their instructions. The USER who subscribes to the present Terms and Conditions acknowledges being fully informed of the risks, even exceptional, relating to the use of the products acquired from this SITE.
In the event of an adverse reaction not mentioned on the SITE, the product, its packaging or its instructions, the USER is invited to consult a physician, the MANUFACTURER of the product, and the SELLER who will refer to the Agency National Safety of Medicines (ANSM).
Consumers of the products sold on this SITE undertake to comply scrupulously with the instructions for use and the applicable dosages. They are also committed to making it compatible with any allergies they may suffer.
5.2: Unavailability of products
The products shown on this SITE are sold within the limit of available stocks. The availability of the products is indicated on the SITE, and more particularly in the description sheet of each product.
5.3: Delivery, Damage and Partial Loss
Orders are shipped by Post or any carrier designated by the SELLER within two working days from the receipt of the full price of the product being transported. The SELLER remains the owner of the products ordered until the full payment of the order. The risks are then transferred to the BUYER as soon as the products have been shipped by the SELLER
In accordance with the Hamon law of March 17, 2014, the SITE indicates, when validating the order, the estimated date of delivery of the product, and the EDITEUR agrees to deliver the BUYER at the latest within 30 days of the Of the product being transported
In the event of delayed delivery and after this legal period, the BUYER may cancel his purchase and obtain refund by sending a registered letter with acknowledgment of receipt to the SELLER, within 8 days after the expiry of the legal delivery period.
This possibility is not applicable if the delay in delivery is due to the fact of the BUYER, or to a case of force majeure beyond the control of the SELLER.
In case of resolution for delay in delivery, and if the products have already been sent by the SELLER, the BUYER undertakes to reship them, at his own risk. The SELLER will reimburse to him, on receipt of the compliant package, the price of the products concerned and, upon receipt, the costs of redirection.
The delivery methods are as follows:
- Colissimo without signature for metropolitan France, Monaco and Andorra
- Colissimo withdrawal in post office or merchant
- International Colissimo to the countries of the European Union
- In letter Max for small items, at the discretion of the SELLER, even if the BUYER has chosen another delivery method
- Mondial Relay only for Belgium.
The products are delivered to the address indicated by the BUYER when ordering. Upon receipt of the order, the BUYER is obliged to verify the goods and to indicate on the delivery slip any reservations he intends to invoke as to the condition of the goods. In the absence of a reservation on the delivery note, the BUYER may not make any complaint to the SELLER, except on the basis of the guarantee of hidden defects, provided for in article 1641 of the Civil Code.
The return of the products must be authorized by the SELLER because of their fragility. Products that are broken or lost within the framework of a return not previously authorized by the SELLER, can not be reimbursed.
In any case, the SELLER can not be held responsible for any incidents that have occurred during the transport of the products. Under article L132-7 of the Commercial Code, the goods, once entrusted to the carrier, travel at the risk of the person to whom it belongs, unless the latter takes action against the carrier. This applies both to products shipped by the SELLER and to products returned by the BUYER.
5.4: Prices, taxes and shipping costs
The monetary unit used on this SITE is the euro (€). Prices are quoted inclusive of all taxes, excluding delivery costs. These prices can be modified at the discretion of the PUBLISHER, and are valid only on the day of the order validated by the BUYER. Therefore, these prices do not play for the future.
The shipping costs are indicated to the USER before validation of the order. The USER is informed that customs duties and other taxes may be applied to products when the delivery takes place outside the European Union. The USER agrees to assume the customs duties and other taxes that may apply in respect of the place of delivery of his order. Consequently, it is its responsibility to verify all the terms and conditions that apply to the delivery of its order, depending on the place of delivery.
Article 6: Right of withdrawal
The BUYER has a right of withdrawal. This right of withdrawal, in accordance with the Hamon law of March 17, 2014, is prescribed by 14 calendar days. The withdrawal period begins on the date of delivery of the order.
The BUYER who retracts takes responsibility for the redirection of his order, which he accompanies with a letter stating his intention to use his right of withdrawal. The BUYER indicates in this letter if he wishes to be refunded or to obtain an exchange.
In accordance with the Hamon law of March 17, 2014, the SELLER refunds the BUYER retracted within 14 calendar days of receipt of the redirected parcel, or the date of redirection upon presentation of a document, or retraction if the order n ' Has not yet been shipped
The order that is returned by the BUYER must be complete and in perfect condition for resale. Otherwise, the SELLER reserves the right not to reimburse the damaged products
Article 7: General provisions and applicable law
These Terms are divisible in the sense that the nullity of one of their clauses can not render nullity of all the clauses which constitute them, and which will continue to produce their effects between the parties.
Consequently, the fact that one of the parties does not invoke one of the clauses does not imply waiver of the other clauses of the present GTC.
The respect of the present General Terms and Conditions and the clauses which constitute them are subject to French law and fall within the exclusive jurisdiction of the French courts.
These Terms are written in French. They act as a law between the co-contractors. All versions of these GTCs written in foreign languages have only informative value, and can not be used as the law for the EDITOR of this SITE.
In the event of a dispute relating to the execution of these Terms and Conditions, the parties undertake, before any legal proceedings, to respect a phase of friendly settlement. This amicable phase is triggered by a formal notice by registered letter with acknowledgment of receipt. If the amicable phase fails, it shall be terminated by one of the parties by written notification terminating it. This notification of closure of the amicable phase takes the form of a registered letter with acknowledgment of receipt.
It is recalled that this amicable phase has no suspensive effect with regard to the time allowed for bringing a legal action.
All disputes arising from the application of these Terms and Conditions will be subject to the exclusive jurisdiction of the jurisdiction of the jurisdiction in which the EDITOR of this SITE is established.
Article 8: Disclaimer
The EDITOR of this SITE undertakes to comply with all the regulations and laws in force in France. Consequently, the EDITOR can not be held responsible for non-compliance with the laws in force in other countries.
The EDITOR of this SITE can not be held responsible for any indirect damage that could result from the purchase of the products that it proposes for sale, whether it is a misuse of the products, By the PURCHASER, or by misuse of the products, which the PURCHASER undertakes to use according to the rules of the art and in accordance with the instructions for use.
The EDITOR of this SITE can not be held responsible for the impossibility for the USER to order in the event of stock shortage or unavailability of the ordered products. The EDITOR may not be held liable in the event of non-performance of the order for reasons beyond its control or in case of force majeure.
Finally, the EDITOR of this SITE can not be held liable under these Terms, in the event of the occurrence of a damage relating to the use of the Internet by the USER, such as virus, loss of data, Internet service.
Article 9: Information and freedom
The information collected by the EDITOR during the order placed by the USER is necessary for the processing of the order by the SELLER and its trading partners. These data are safeguarded, according to the current means of the art, for 12 months, which is necessary for the good administration of the SITE.
It is reminded to the USER of the present SITE that he is likely to receive by mail or electronic information different information (newsletter, promotional offers ...), issued by the EDITOR of this SITE or its partners, unless it To be opposed during the registration process on the SITE. The USER may choose not to receive this information by clicking on the link provided in each newsletter of the EDITOR or its partners.
In accordance with the Data Protection Act n ° 78-17 of January 6, 1978, the USER has a right of access, rectification, opposition and suppression of his personal data.
To exercise this right, the USER of the SITE can write to the customer service of SARL IMAMIAH, whose registered office is located at 60 impasse Lespinasse, 31140 AUCAMVILLE.
The USER can also send any complaints by e-mail to email@example.com.
The collection of information relating to the USERS is declared by the EDITOR of this SITE to the National Commission for Data Processing and Liberties (CNIL) under n ° 1768984.
Article 10: Mentions concerning the use of "cookies and hyperlinks"
In accordance with the European Union Directive 2009/136 / EC of 25 November 2009, the USER of this SITE has the right to refuse the presence of "cookies" and "tracers" during its navigation on the SITE. It is informed of this when connecting to the SITE by displaying a banner at the top of the page. The browser options are also accessible to the USER, from his computer, in his privacy settings. The presence of "cookies" subject to a free choice of the USER, the responsibility of the EDITOR can not be engaged as to the quality of navigation that would result.
In addition, this SITE may contain hypertext links, which return the USER to other websites. The responsibility of the EDITOR of this SITE may not be engaged as to the content of the websites to which these hypertext links refer, or in case of prejudice related to the navigation of the USER on one of these sites.
Article 11: Intellectual Property
The SITE internet www.korean-smooch.com is a work of the spirit, protected by the provisions of the intellectual property code and the legislation in force.
All the elements that compose this SITE remain the exclusive property of the EDITEUR, the only one authorized to use them within the framework of the intellectual property rights associated with it. This intellectual property right concerns, in particular, the textual and graphical contents, as well as the structure of the SITE, its name, its graphic charter and these GCS.
The fraudulent use and reproduction of any of these elements, whatever the medium or the form, for all purposes, particularly commercial, is expressly prohibited
The EDITOR of this SITE reserves the right to take legal action in case of infringement of its intellectual property rights.
The EDITOR of this SITE offers the USERS the possibility to give their opinion on its service and to evaluate the products that it proposes for sale.
By publishing its opinion on this SITE, the USER undertakes:
- to write in French
- not to publish a notice which, in its content, would be contrary to public policy or good morals or constitute defamation within the meaning of Article 29 of the Law of 29 July 1881.
- not to publish a notice having as its object an illegal or unlawful activity
- to respect the rights of third parties and not to quote them, favoring generic terms
- to share authentic opinions, based on actual facts, for the sake of good information
The USER also undertakes to provide an evaluation that corresponds to his real experience of the products sold on this SITE.
The EDITOR of this SITE reserves the right to remove any publications which do not comply with these conditions of use.
The EDITOR of this SITE may also block the account of the USER which contravenes these general conditions of use, without prejudice to a possible legal action if the facts justify it.