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Terms and conditions of sale

Any order for a product appearing in the online store of the Carlina-paris site requires consultation and prior acceptance of these Terms and Conditions of Sale. The click to validate the order implies full acceptance of them. This click has the value of a “digital signature”.

The purpose of these Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by Carlina to the customer.

The customer is any person purchasing products for sale on the Site.
The customer is defined as a person who is a final consumer or acting on behalf of the final consumer, based in the EU, Monaco or Switzerland with the legal capacity to contract. Therefore, the customer:

• By accepting the current Terms & conditions, confirms and guarantees that purchases on the Site are not related to any commercial activity and is specifically for personal use;
• Forecloses any rights, under penalty of civil procedure, to resell the Products bought on the Site or put up for sale the free promotional samples provided when purchasing on the Site.
• We reserve the right to refuse orders, which in our sole judgement appear to be abnormal and/or of an amount considered unusual by IPSOCOS.

Order confirmation:

The contractual information will be confirmed by e-mail to the address indicated by the customer in the order form.

In case of out of stock of one or several Products after order confirmation, the Buyer will be informed on the consequences on the order, latest upon delivery. Only Products delivered will be billed.

Proof of the transaction:

The electronic records in the IT systems of IPSOCOS shall be kept under reasonable conditions of security and considered as proof of communications, orders and payments having taken place between the parties.

The archiving of order forms and invoices is done on a reliable and durable medium which can serve as proof.

Order cancellation:

IPSOCOS reserves the right to cancel any order for legitimate reasons in accordance with Art. L 121-11 of the French Consumer Code namely:

• orders generated by professional users, abnormal orders
• in case of incomplete or erroneous customer information;
• in case of payment default, total or partial, by the Buyer.

The Buyer may cancel his order by exercising his right of retraction under the conditions stated in the article “Right of cancellation”.

Information about the products:

Every effort has been made to ensure the accuracy of the information presented on the Carlina e-commerce site.

By clicking on the products, the Customer has the opportunity to review and understand the product specifications and prices he wishes to purchase.
IPSOCOS reserves the right at any time to modify the product range, the characteristics and prices. Nevertheless, the product characteristics and prices applicable are those displayed on screen at the time of the Buyer’s transaction validation.
In addition, IPSOCOS shall not be liable for discrepancies between online descriptions of products and those delivered, as long as these discrepancies are unrelated to the products’ underlining characteristics as defined under Art.L111-1 of the French Consumer Code.
Product pictures, images or drawings are not contractual.

The prices are in Euro inclusive of VAT, excluding shipping costs.

Period of validity of the offer and the price thereof: our prices are valid for the day.

The lists of ingredients used in the composition of Carlina products are regularly updated. Before using a Carlina product, please read the ingredient list on its packaging to ensure the ingredients are suitable for your personal use.

Payment mode:

Accepted cards
Payments are accepted with: Visa, MasterCard. Checks are not accepted. Card sales are final. By providing information relative to his/her credit card, the Customer authorizes the card debit. The Customer shall provide the card number, expiration date and the 3-digit security code printed on the card.

Encrypted transaction
The transaction process is encrypted. The card details of the Customer do not transit on the Site. They are processed through a secured 3rd party provider, MERCANET. The Customer guarantees IPSOCOS that he/she is duly authorized to use the chosen mode of payment.

PayPal terms
The Customer can pay for his/her orders by PayPal without having to have an account with PayPal. It is specified that it is PayPal’s General Conditions of Use that apply.

Card/bank charges
We are not responsible for charges applied by the card issuer or bankor PayPal, as a result of the processing of your credit/debit card or PayPal payment in accordance with your order.

Delivery:

The products are delivered by Colissimo to the address indicated by the Customer on the order form in mainland France, Monaco and Switzerland (excluding Madera, Acores, Canaries, San Marino) and in the 28 countries of the European Union. Delivery will be made within an average of 6 to 10 days from receipt of the order form, and at most within 30 days from receipt of the order form.

All products leave our premises in perfect condition. The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be accepted.

As with any shipment, products may be delayed or lost. In such a case, we contact the carrier to start an investigation. All efforts are made, as long as necessary, to find the package. If applicable, the merchant will be reimbursed by the transporter and deliver a new identical package at its expense.

Any risk of loss or damage to the Products is transferred to the Customer at the time when the latter or a third party designated by him, and other than the carrier proposed by IPSOCOS, takes physical possession of these Products.

Delivery problem due to the transporter:

Any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the signature of the Customer.

The Customer must also confirm this anomaly by sending the carrier, within two (2) working days following the delivery date, a registered letter with acknowledgment of receipt which describe said complaints.

The Customer must send a copy of this letter to the address of IPSOCOS. Without this statement of observation, we will make no exchanges.

Delivery errors:

The Customer must contact IPSOCOS, on the same day of delivery or at the latest on the first working day following delivery, with any complaint about delivery errors and/or non-compliance of the products in type or quality, with respect to the indications stated on the order form.
Beyond this period, any complaint will be rejected.

Any complaint not made in accordance with the rules defined above and within the time allotted cannot be taken into account and will release IPSOCOS from any liability towards the customer.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to IPSOCOS as a whole and with its original packaging in perfect condition to the address of IPSOCOS c/o COSIMA Laboratoire.

To be accepted, any return must be reported and have obtained prior consent from IPSOCOS, which, in case of agreement will reship the package to the correct address.

The shipping costs are the responsibility of IPSOCOS, except in case it turns out that the product does not correspond to the original declaration made by the customer in the correct return direction.

Warranty of compliance and hidden defect:

IPSOCOS is liable for Product non-compliances as stipulated under articles L217-4 and following of the French Consumer Code. It is liable for hidden defect of commercial Products under articles 1641 and following of the French Civil Code.

In the event of a lack of conformity of the product, notably due to an anomaly or an error in the references delivered, the Customer can choose to return the product to IPSOCOS and obtain a refund.

Return costs will be reimbursed by IPSOCOS at the Customer's request.

For any complaint, the Customer can contact IPSOCOS by email or telephone.

Cancellation right:

The customer is entitled to cancel the order without cause within fourteen (14) days, from the day the order is received. If the cancellation period of fourteen (14) days expires on a Saturday, Sunday or a legal holiday, the period is extended until the next business day.

To exercise his cancellation right, the customer must provide notification of his decision to retract his order by sending a clearly written declaration, providing his last and first names, e-mail, address, number and date of the order:

• by Internet: Cancellation form
• or by postal mail: IPSOCOS - 149, rue de Charenton - 75012 PARIS - France

The return form can be used to facilitate processing. Click here to download the form.

Return of products:

Within a maximum of fourteen (14) days starting from the cancellation notice, the concerned product(s) – including all other items added to the order as well as the original packaging – shall be returned to the following address: IPSOCOS c/o COSIMA LABORATOIRE 6, rue des Vergers, 91250 TIGERY (FRANCE).

The returned Product(s) shall be submitted with the Return Form downloadable here or accompanied by the following information on plain paper: last and first names, e-mail, address, number and date of the order.

For hygiene purposes, products must be returned intact, in their original and complete packaging and in perfect resell condition. Please note that opening the Products renders them improper to any subsequent sale. Any Product having been opened, spoiled, or with a damaged packaging will not be refunded, returned or exchanged. If a set or coffret should be returned, it is imperative to submit the complete set or coffret with all its components.

The Customer is responsible for the cost of returning the complete order or the Products. 

Refund:

Any return accepted by IPSOCOS will generate the refund of the returned Product including shipping at standard rates(partial returns excluded) within a maximum of 14-days following IPSOCOS’s quality and quantity controls.

Please note that only standard shipping rates for returns will be refunded as per art.L.121-21-4 of the French Consumer Code.

Parcels returned COD will not be accepted and will be sent back to the sender, at sender’s expense.

The refund will be made by the same means of payment as the one the Customer used for his order or by bank transfer.

Rights of use:

Use of the brands present on the Carlina-paris site is strictly prohibited.

Liability :

IPSOCOS cannot be held liable for non-fulfilment of contracts due to stock shortages, except for cases of special price offers not intended to lower stock levels, or in the event of product unavailability due to force majeure.
IPSOCOS accepts no liability for:

• any interruption to the Site;
• any incidences involving bugs;
• any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site;
• more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.

Force majeure:

Neither party will have failed in its contractual obligations, insofar as execution of them has been delayed, hindered or prevented by unforeseen circumstances due to force majeure. A case of force majeure shall be considered any fact or circumstance which is irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonable efforts.

The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.

The two parties will then get together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the force majeure event lasts longer than one month, these terms and conditions may be terminated by the injured party.

By express agreement, cases of force majeure or unforeseen circumstances include, in addition to those which are usually retained by case law of the French courts and tribunals: blocking of means of transport, earthquake, fires, storms, flood, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

No partial validation:

If one or several stipulations of these Terms and Conditions are deemed as invalid or declared as such in application of a law, regulation or following a definitive legal decision from a competent court, the other stipulations will retain their full force and scope.

Non-waiver:

The fact that one of the parties does not avail itself of failure by the other party to respect any of the obligations mentioned in these Terms and Conditions cannot be interpreted in the future as renunciation of the obligation in question.

Applicable law:

These Terms and Conditions are governed by French law. The same is true for both the rules of substance and the rules of form.

In the event of a dispute or complaint, the customer will first contact IPSOCOS to attempt to find an amicable solution.

Protection of personal data:

All data that you entrust to us is used solely for the purpose of processing your orders.
By virtue of law no. 78-17 of 6 January 1978 relative to information systems, files and freedoms, you have a right, with IPSOCOS, to rectify, view, modify or delete information that you have provided to us. This right can also be exercised online.