Ekia : the very first brand dedicated to mature skin

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Tems And Conditions

Agreement

These terms and conditions (the “Terms”) are the terms which apply when you access the website http://en.ekia-cosmetiques.com/ (the “Website”) or place orders to purchase any of the products made available to you on the Website. Any reference to “we”/”us”/”our” in these Terms is a reference to BEAU&BIO COSMETIQUES (trading as ekia-cosmetiques.com) and any reference to “you”/”your” means you, the user of the Website. By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference.

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under French law you must:

•           if an individual, be 18 years of age or over; and

•           register your real name, address, phone number, e-mail address any other details requested.

By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

 

Information about us

We are BEAU&BIO COSMETIQUES (trading as ekia-cosmetiques.com) a French company registered in Paris, France, under registration number 499 475 887 and our registered address is 18 rue Charles De Gaulle, 91400 – ORSAY FRANCE.

If you have any questions, complaints or comments on this Website then you may contact us on contact@ekia-cosmetiques.com.

BEAU&BIO COSMETIQUES is registered as a data controller. Our registration number on the register of data controllers maintained by the French independent administrative authority (“CNIL”) is 1356256. If you have any queries about how we use your personal data, please read our Privacy Policy or contact us on contact@ekia-cosmetiques.com.

 

Changes to terms

We reserve the right to change or modify these Terms including for legal, regulatory or security reasons at any time. Notwithstanding the foregoing, we undertake to apply the Terms of the date of ordering process for each order placed on the Website. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Website at any time. If you have any questions, concerns, or comments about our Terms please email us at contact@ekia-cosmetiques.com.

 

The Ordering Process And Orer Confirmation

To make it easier for you to order products using the Website, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.

To register, you must supply us via the online registration form with the following information: your name, gender, age range, referral details, password, billing address and, where applicable, different delivery address. Once you click on the “Next Step” button this information will be stored in our customer database. You can access, update or correct your personal account details via the “My Account” button. We will only use the stored data in accordance with our Privacy Policy which can be accessed on the Website.

You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately by email to contact@ekia-cosmetiques.com or by phone on +33 (0)1 69 07 66 65, if you become aware or suspect any unauthorised use of your password or username.

Your order via our online purchase order form constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. We will send you an email acknowledging receipt of your order. All communications will be addressed to the email address you supply when you register. Please note that this does not constitute acceptance by us. The contract for purchase of the product is formed when we send you an email dispatch confirmation.

You may select items from our range of products, details of which will be added to the “Shopping Bag” by clicking on the “Add to Bag” button. By clicking on the “Checkout” button in the Shopping Bag, you submit an offer to buy the goods in the Shopping Bag. As soon as this offer is accepted by us via an Acceptance Email (as described below) your order forms a binding contract of sale between you and us.

Before placing an order you can view and amend your order details at any time by clicking on the “Shopping Bag”.

You will automatically be sent an email confirming receipt of your order (the “Confirmation Email”) with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received your order. Please check that all details in the Confirmation Email are correct. If not, or if you do not receive a Confirmation Email please contact us immediately on contact@ekia-cosmetiques.com.

We will send a second email when we dispatch your goods which shall constitute our acceptance of your order (the “Acceptance Email”) at which point a binding contract of sale will be concluded between you and us. We will file a copy of any orders that are accepted by us.

 

Your Use Of The Website

By accepting the Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.

You agree that in using the Website you will not: (i) use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way; (ii) use the Website for any purpose that could damage the name of ekia-cosmetiques.com or BEAU&BIO COSMETIQUES or any goodwill attached to the Website; (iii) use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Website security measures; nor (v) use the Website for any purpose other than your personal use.

We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.

 

Prices, Delivery Charges And Payment

The price of a product shall be as stated on this Website at the time you place your order except in the case of obvious error. We try and ensure that all prices on our Website are accurate but errors may occur. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item to you. In those circumstances, we will inform you of the correct price to you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken from your card.

Prices shown are inclusive of VAT at the current French rate. Prices do not include delivery charges or other taxes which may be applied in your jurisdiction. So please refer to our tab: “Delivery charges” on the Website.

Please note that when shipping goods from outside France, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of France, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

French Mail will not deem a parcel to be lost until it has been in the postal system for a period of twenty (20) working days for International orders. Although it is highly unlikely deliveries will take this amount of time we are unable to dispatch a replacement or issue a refund until this period of time has elapsed. If you have ordered a large item, please check that your local post office is not holding it for collection.

We accept payment by debit or credit card and PayPal only. Payment will be debited from your account at the time of or shortly before dispatch of the Product to you.

You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

 

Delivery And Ownership

Unless otherwise stated, delivery will be made from our warehouse to the address provided by you. We shall endeavour to dispatch the product to you within one (1) working day after you place your order and in any event within thirty (30) days beginning on the day after you place your order. If we are unable to dispatch the product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund.

As soon as the product is delivered to you, you are responsible for it.

We want you to be happy with your purchase from us. If you are unhappy with the product in any way (for example if there is obvious damage to the item from transport or packaging damaged during transport) please contact our Customer Service on contact@ekia-cosmetiques.com as soon as possible.

 

Cancellation, Returns And Refunds

You have certain rights under the law. These include:

- That any products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website;

- Certain remedies if a product is defective; and

- A right to cancel your order within fourteen (14) working days, beginning the day after the day on which you receive the product, and to receive a full refund, even if the product is not defective. This right is subject to certain conditions and exceptions (see “Return of non-faulty goods” below).

 

Return Of Non-Faulty Goods

We hope you will be happy with your purchase from us. If not, you have the right to return the product to us and receive a full refund provided:

- You notify us in writing that you are cancelling your purchase no later than the seventh working day after the day on which you received your product;

- You have taken reasonable care of the product prior to return - in particular this means they must not have been damaged;

- You may give us notice of cancellation by any written means (including email, fax or letter), but it will speed up the process for you and us if you contact us by email at contact@ekia-cosmetiques.com or write to us at this address: BEAU&BIO COSMETIQUES – 18 rue Charles De Gaulle, 91400 – ORSAY FRANCE.

- You will be responsible for the cost of returning the product to us, unless it is faulty, incorrect or misdescribed.

Please return the Product in suitable packaging to ensure it reaches us in good condition.

We will refund the purchase price and original delivery charge of any goods returned no later than fourteen (14) days from the day when you give us notice of cancellation.

Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.

Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within seven (7) days from the day after receipt of the goods or services.

 

Return Of Faulty Goods

If a product is faulty or does not meet the description given on the website at the time you placed your order, please contact us as soon as possible at contact@ekia-cosmetiques.com. We will refund the purchase price, delivery charge and any reasonable costs you incur in returning it to us.

We recommend that returned products are sent via an insured, traceable delivery service.

 

Our Legal Obligations And Our Limitation On Liability

 

You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights.

If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.

Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.

With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. We provide no guarantee for the constant and uninterrupted availability of the Website.

We are not responsible for:

- Losses not caused by our breach;

- Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement, for example loss of profits or loss of opportunity;

- Failure to provide the Website or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control.

- “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Website or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, etc.

 

Intellectual Property Rights

Your use of the Website grants no rights to you in relation to copyright, design rights, trademarks or other of our intellectual property rights (or the intellectual property rights of third parties).

We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.

 

General

Waivers and remedies:

The waiver of BEAU&BIO COSMETIQUES of any client’s prompt and complete performance or breach or violation of any provision of the Terms shall not be construed to be a waiver of any prior or subsequent breach or violation and the waiver by BEAU&BIO COSMETIQUES exercise any right or remedy which it might possess shall not operate nor be construed as a bar to the exercise of such right or remedy by BEAU&BIO COSMETIQUES upon the occurrence of any subsequent breach or violation.

Severability:

If any provision or provisions of the Term shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

BEAU&BIO COSMETIQUES is committed to replace ineffective provisions with those that are effective and to the best degree fulfil the intended economic purposes of the parties.

Applicable law / Disputes and Language:

 All questions to the interpretation, enforcement, validity and performance of the Terms shall be governed by and determined under the laws of France.

French shall be the prevailing language in case of dispute.

All disagreements relative to the application of the Terms, if the parties fail to reach settlement, shall be subject to the jurisdiction of the courts of Paris to which the parties grant jurisdiction, whatever the place of execution of the services or the residence of the defendant might be.

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