The website accessible at the address www.incara-solutions.com (hereinafter the “Site”) is published and operated by Incara Lab SAS with capital of €10,000, registered under no. 808 577 878 with the Paris Trade and Companies Register, having its registered office at 15, rue de la Banque 75002 Paris, France (hereinafter “INCARA”).
These General Terms and Conditions of Sale govern the relations between INCARA and any person purchasing one or more products offered for sale by INCARA via the Site (hereinafter the “Customer”).
All orders placed for products via the Site imply full acceptance of these General Terms and Conditions of Sale, which the Customer expressly acknowledges and accepts.
The Customer is advised to carefully read these General Terms and Conditions of Sale, to download and/or print them and to retain a copy. The Customer acknowledges having full legal capacity to enter into a binding agreement with regard to these General Terms and Conditions of Sale.
INCARA reserves the right to modify these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale shall apply to all orders placed after publication of the former on the Site.
Purpose of the Site
The purpose of the Site, inter alia, is to:
- present to Customers the food supplements and cosmetic products offered for sale by INCARA (hereinafter the “Products”);
- allow Customers located in France and in the EU to order the Products and have them delivered to the address of their choice in France and in the EU;
- provide Customers with regular updates about INCARA and the new Products offered for sale by the latter;
- get feedback from Customers, in particular about the Products, Site content and the “INCARA” brand.
Presentation of the products
The Products presented on the Site are described in terms of their main characteristics, their capacity[EP1] , directions for their use, and their conditions of sale, in particular, pricing conditions. INCARA takes great care preparing the presentation and description of its Products. If, despite our best efforts,
non-substantive errors or omissions appear on the Site, INCARA shall not be held liable in this regard.
The Products presented on the Site are, where applicable, offered for sale within the limits of available stocks. INCARA reserves the right to modify without notice and at any time the list of Products presented on the Site, as well as their terms and conditions of sale, the applicable terms and conditions of sale being those in effect at the time of acceptance of the order.
INCARA requests the Customer to follow the process set out below to order Products.
The Customer may place a one-off order for Products, it being specified that Products may be offered for sale both individually and in programmes including batches of several identical Products, the number of Products making up the batch being specified on the Site.
For each order, the Customer indicates the number of Products concerned, or where applicable, the number of batches of Products concerned.
One-off orders may be placed by the Customer either by following the process for Customers with a Customer Account, or the process without a Customer Account.
One-off ordering process
All one-off orders must comply with the process in place concerning validation of the various steps that the Customer must follow to prepare their basket (hereinafter the “Basket”) and finalize their order or their subscription, in particular: specify the selected Products and offers (individual product or batch), the quantity, where applicable, the frequency of delivery; provide full contact details as well as the delivery address; check their order, rectify errors or modify the order, provide payment details; and place their order.
The sale shall only be concluded after acceptance of these General Terms and Conditions of Sale by the Customer and validation of the order by INCARA. Such validation occurs after receipt of the order price in full in the case of a one-off order, or after verification of the payment details. After validation of the order, INCARA shall send the Customer a confirmation e-mail including all relevant information.
If a Product is unavailable, INCARA agrees to inform the Customer as soon as possible. The Customer will then be offered the possibility of requesting an order refund. In no case shall INCARA be held liable for the unavailability of a Product, nor shall the Customer be entitled to compensation or damages in this respect.
SETTING UP A CUSTOMER ACCOUNT
Setting up a customer account (hereinafter the “Customer Account”) allows the Customer to provide INCARA, on a long-term basis, with all the information the latter needs for quicker processing of any one-off order or any subscription via the Site, and to manage the Customer’s orders and subscriptions.
To set up a Customer Account the following information is required from the Customer:
- first name;
- e-mail address;
- personal password to be selected;
- telephone number;
After completion of the registration process, the Customer receives an e-mail to the address provided confirming set-up of the Customer Account. The Customer is assigned a login and password and is responsible for keeping them strictly confidential. In this respect, all one-off orders placed via the Site or all subscriptions taken out via the Site using the Customer’s login and password will be deemed to have been made by the latter or with their consent, which the Customer expressly acknowledges and accepts.
The prices of the Products, sold individually or in batches, are indicated on the Site in euros, inclusive of all taxes (taxes in force on French territory) and excluding delivery costs. In the case of a subscription, the prices indicated on the Site correspond to the number of Products and the frequency of delivery chosen by the Customer.
Delivery costs will be indicated in the Customer’s Basket prior to placing of the order or the subscription request.
INCARA reserves the right to change its prices, at any time, without notice. Products are invoiced on the basis of the prices in effect at the time of placing the order.
Payment is made through a secure online payment system using SSL and 3D Secure, requiring the Customer to provide their card number, security code and expiry date (hereinafter the “Payment Details”). Any fraudulent use of the Customer’s Payment Details falls under the contractual provisions agreed between the latter and the bank issuing the card.
For one-off orders, the price of the Products as well as the delivery costs are payable immediately at the time of validation of the order. The invoice corresponding to the Products ordered by the Customer is sent by e-mail to the Customer on the date the Products are shipped.
Preparation of one-off orders
One-off orders are processed by INCARA upon validation of the corresponding payment. Order preparation takes 2 to 5 business days from this date.
Delivery terms and delivery times
Once orders are prepared by INCARA, the Products are delivered by the carrier selected by the Customer from those available on the Site at the time of placing their order or taking out their subscription. After processing of the order by INCARA, delivery times depend on the carrier selected and are provided as an indication only on the Site when the Customer prepares their Basket (delivery times are approximately two to three days). INCARA shall not be held liable for the consequences of late delivery of the Products by the carrier.
Products will be sent to the delivery address indicated by the Customer at the time of ordering. The Customer is solely responsible for the accuracy of the information provided in this regard. Delivery costs shall be borne in full by the Customer, in accordance with the rates indicated when the Customer chooses a delivery type while preparing their Basket. In no case shall INCARA be held liable for a return delivery due to an incomplete or incorrect address and the re-delivery costs shall be borne in full by the Customer. In no case shall late delivery give rise to damages.
RIGHT OF CANCELLATION
The Customer may exercise their right of cancellation within a period of fourteen clear days from the date of receipt of the Products, without having to provide justification or pay penalties.
The right of cancellation must be exercised by the Customer within the aforementioned period, using the form appended to these General Terms and Conditions (also accessible in electronic format) or by any other clearly worded statement expressing the Customer’s wish to exercise their right of cancellation, sent by post to: INCARA LAB, Service Client, 15 rue de la Banque, 75002 Paris, France, or by e-mail to email@example.com.
The Customer shall return the Products concerned to INCARA as soon as possible and no later than fourteen days after notifying their decision to exercise their right of cancellation. The costs of returning the Products shall be borne by the Customer. All Products returned by the Customer must be in perfect condition and in their original packaging. In accordance with the provisions of Article L. 221-28 of the French Consumer Code, the right of cancellation may not be exercised for products which have been unsealed by the consumer after delivery and which cannot be returned for hygiene reasons or due to health protection.
Any cancellation made in accordance with the conditions of this clause shall give rise to a refund of all sums paid, including the delivery costs corresponding to the standard cost, within fourteen (14) days from the date on which the Customer informed INCARA of their decision to exercise their right of cancellation.
The refund shall be made via the means of payment used by the Customer for the initial transaction.
PRODUCT CONFORMITY – GUARANTEE
The Customer agrees to notify INCARA (by e-mail to firstname.lastname@example.org) of any problem related to their order (missing product, damaged parcel,
non-conformity, etc.) within 3 days of receipt of the Products.
In the case of a non-conforming Product, the Customer may return it to INCARA according to the same procedure as that set out in the “Right of Cancellation” paragraph above and shall be entitled to:
- delivery of a Product in conformity with their order, within the limits of available stocks;
- an exchange for a similar Product of the same value, within the limits of available stocks.
Legal guarantee – Hidden defects
INCARA is bound by the legal guarantee of conformity of Products referred to in Articles L. 217-4 to L. 217-13 of the French Consumer Code and the guarantee relating to defects in sold goods, in the conditions set out in Articles 1641 to 1648 and 2232 of the French Civil Code. Articles L. 217-4 to L. 217-13 of the French Consumer Code and Articles 1641 to 1648 and 2232 of the French Civil Code are copied in full below.
The content published or made available on the Site (brand, logo, models, photographs, designs) are the exclusive property of INCARA or of its partners/suppliers. No reproduction or representation, in whole or in part, is permitted without the prior written consent of INCARA.
CONFIDENTIALITY AND PERSONAL DATA
In the context of the sale of Products, whether one-off orders or subscriptions, INCARA needs to collect personal data concerning the Customer via the Site.
Data controller of the data collected
The data collected in the context of the sale of Products are controlled by:
Incara Lab SAS with capital of €10,000, registered under no. 808 577 878 with the Paris Trade and Companies Register, having its registered office at 15, rue de la Banque, 75002 Paris, France.
The Customer has the rights set out below concerning the personal data collected in the context of the sale of Products.
Exercising these rights is free of charge, except in cases of unjustified or excessive requests. Where necessary, INCARA shall charge a reasonable fee based on the administrative management fees incurred in responding to Customer requests.
Right to access, rectification and erasure
The Customer may access their personal data, rectify them or modify their consent regarding use of their data:
- by sending an e-mail to: email@example.com,
- by writing to: INCARA LAB, 15 rue de la Banque, 75002 Paris, France.
Right to object
The Customer may also object to the processing of their personal data, for legitimate reasons, by writing to the address above.
Right to portability
In the aforementioned cases, the Customer may request transfer of their data, either directly to themselves or to another service provider appointed by them.
Right to lodge a complaint
The Customer may lodge a complaint with CNIL (the French data protection authority) if they consider that the use of their personal data does not comply with data protection regulations, or if they have reason to believe that their personal data are or have been used in a way that does not comply with the law.
Use of the Site may give rise, subject to the Customer’s consent, to the recording of certain information relating to the browsing of the Customer’s terminal in files called “Cookies” installed on the Customer’s terminal (“Cookies”).
Their purpose is to facilitate browsing and logging in for the Customer, to store their page layout preferences, and to store their login details for faster access to online spaces and display preferences.
Cookies are also deposited, via services such as Google Analytics, to record the number of visits and page views and track user clickstreams. Such data collection is useful for optimizing Site usability and improving Site functionality.
All orders for Products via the Site, whether one-off orders or subscriptions, are governed by French law.
In the event of a dispute, the Parties agree to seek an amicable solution together in good faith, prior to instigating contentious proceedings. All complaints will therefore firstly be made in writing to INCARA at the following address: Incara Lab, Service Client, 15 rue de la Banque, 75002 Paris, France.
The Customer is informed that they may also lodge a complaint with the European online dispute resolution platform accessible at the following URL: webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false.
In the case of failure to reach agreement following their attempt to resolve the dispute amicably, the most diligent Party may refer the dispute, free of charge, to the mediation department of FEVAD (the French e-commerce and distance selling federation).
If no amicable agreement is reached, the dispute may be referred to the court with jurisdiction.
The website www.incara-lab.com is published and operated by Incara Lab SAS with capital of €10,000
Registered office: 15, rue de la Banque, 75002 Paris, France
EU VAT no.: FR 35 808577878
Publication director: Matthieu Erre
The Site is hosted by:
Article L217-4 of the French Consumer Code
The seller shall deliver goods that are in conformity with the contract and shall be liable for any non-conformities existing at the time of delivery.
The seller shall also be liable for any non-conformities resulting from the packaging, the assembly instructions or the installation, if the latter was their responsibility under the contract or was carried out under their responsibility.
Article L217-5 of the French Consumer Code
Goods are in conformity with the contract:
1° If they are fit for the use usually expected of a similar good and, where appropriate:
- if they correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the manufacturer or their representative, in particular in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6 of the French Consumer Code
The seller is not bound by the public statements of the manufacturer or their representative if it is established that the seller was unaware of them and was legitimately unable to be aware of them.
Article L217-7 of the French Consumer Code
Non-conformities that become apparent within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the non-conformity invoked.
Article L217-8 of the French Consumer Code
The buyer is entitled to goods that are in conformity with the contract. The buyer may not, however, challenge conformity by citing a defect that they knew about or could not have been unaware of at the time of entering into the contract. The same applies if the defect originates in materials that the buyer supplied.
Article L217-9 of the French Consumer Code
In the event of non-conformity, the buyer shall choose between repair and replacement of the goods.
However, the seller may decide not to go along with the buyer’s choice if such choice gives rise to a clearly disproportionate cost compared to the other option, taking into account the value of the goods or the seriousness of the defect. In this case, the seller is bound to proceed with the option not chosen by the buyer, except where this is impossible.
Article L217-10 of the French Consumer Code
If repairing or replacing the goods is impossible, the buyer may return the goods and have the price refunded or keep the goods and receive a partial refund.
The same possibility is open to the buyer:
1° Where the solution requested, proposed or agreed pursuant to
Article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint;
2° Or where this solution cannot be implemented without major inconvenience for the buyer given the nature and sought purpose of the goods.
Nevertheless, cancellation of the sale may not be imposed if the non-conformity is minor.
Article L217-11 of the French Consumer Code
The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer.
These same provisions shall not preclude the awarding of damages.
Article L217-12 of the French Consumer Code
Action resulting from non-conformity shall lapse two years after the delivery date of the goods.
Article L217-13 of the French Consumer Code
The provisions of this section shall not deprive the buyer of the right to exercise action resulting from hidden defects rendering goods unfit for their intended purpose as laid down in Articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or non-contractual nature that the buyer is entitled to exercise by law.
Article 1641 of the French Civil Code
The seller shall be liable for hidden defects in the sold goods that render it unfit for the use for which it was intended, or that diminish such use by so much that the buyer would not have bought it or would only have paid a lower price for it, had the buyer known about them.
Article 1642 of the French Civil Code
The seller is not liable for obvious defects, which the buyer could ascertain by themselves.
Article 1643 of the French Civil Code
The seller is liable for hidden defects, even if unaware of them, unless they stipulated that they would not be bound by any warranty in this case.
Article 1644 of the French Civil Code
Article 1645 of the French Civil Code
If the seller was aware of the defects in the goods, they are bound not only to refund the price received but also to pay damages to the buyer.
Article 1646 of the French Civil Code
If the seller was unaware of the defects in the goods, they are bound only to refund the price and to reimburse the buyer for any expenses incurred by the sale.
Article 1647 of the French Civil Code
Where the defective goods perish due to poor quality, the loss falls upon the seller who is liable to the buyer for a price refund and other compensation explained in the two preceding Articles.
But a loss occasioned by a fortuitous event falls upon the buyer.
Article 1648 of the French Civil Code
Action resulting from hidden defects rendering goods unfit for their intended purpose must be brought by the buyer within two years of discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, under penalty of being time barred, within one year from the date on which the seller can be discharged from obvious defects or non-conformities.
Article 2232 of the French Civil Code
Deferral of the start date or suspension or interruption of the limitation period may not result in extending the limitation period beyond twenty years from the date of entitlement to the right.
[EP1]Note : “contenance” fait bien référence à “volume” ici ?