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  • Retail locations
  •  General terms and conditions of sales


    Preamble

    The IXXI online store (hereafter referred to as the “Site”) is an electronic commerce website which may be accessed via the internet at the address of www.ixxi-cosmetics.com. It is open at all users of the internet, hereafter referred to as “Users.” The Site is published by IXXI, a company with a simplified shareholding structure and paid up share capital of 14,300 euro, having its registered office at 1078 route André Dupuy, CS 60030, 40260 Castets, and registered with the Register of Trade and Companies at Dax under company number 518 622 972 (“IXXI.”)

    Publication Director: Laurent Pelletier
    VAT Number: FR 83 518 622 972

    The Site is hosted by Kapsicum, a company having its registered office at Domaine Saint Michel, Résidence Georges V, Artiguelouve 64230, telephone +33 (0)5 59 83 09 21, www.kapsicum.fr with paid up share capital of 47,500 euro.

    The number allowing IXXI to be reached by telephone is +33 (0)5 58 55 52 52, available from Monday to Friday, from 9 a.m. to 4.30 p.m. The Site enables IXXI to offer for sale a range of cosmetic products (hereafter referred to as the “Products” to Users browsing on the Site. For the purposes of this agreement, it is agreed that Users and IXXI shall be collectively referred to as “Parties” and individually as a “Party”, and that any User having submitted and approved an order shall be referred to as a “Purchaser.” The rights and obligations of Users therefor necessarily apply to Purchasers.

    It is specified that the Products are intended for the personal use of a User, with no direct relationship with such User’s business activities. Accordingly, User’s attention is specifically drawn to the fact that the amount of any order placed may not exceed the sum of one thousand euro.

    Moreover, no single product line may be ordered in a quantity greater than three items per order.

    Any User who wishes to make a purchase on the Site hereby declares that he or she has full legal capacity.

    Any order of any Product offered via the Site presumes that these general terms and conditions of sale have been reviewed and expressly agreed, without acceptance thereof being conditional upon a handwritten signature on the part of the User.

    In accordance with the provisions of Articles 1316 to 1316-4 of the French Civil Code, as complemented by Decree 2001-272 of 30 March 2001, in application of Article 1319-4 of the Civil Code relating to electronic signatures, Users’ attention is drawn to the fact that the validation of an order note as set out in these terms and conditions of business hereafter, constitutes an electronic signature which, as between the Parties, shall be of equivalent value to a handwritten signature and shall be deemed to be evidence of the completeness of the order and the binding nature of any sums due in the performance of such order.

    Article 1. Scope

    The aim of these general terms and conditions of sale is to define, exclusively with regard to the legal relations that they create via the internet and solely with in respect of the Site, the rights and obligations of the Parties arising from the online sale of the Products offered via the Site. This agreement shall apply to the exclusion of any other document.

    Article 2. Products and Prices

     2.1. Products

    The Products offered for sale by IXXI are those which appear on the Site on the day when the Site is viewed by the User, and are subject to availability of stock. Photographs illustrating the Products do not form part of the contract between the Parties. If such photographs and/or text contain any errors, IXXI shall not be held liable.

    2.2. Prices

    The prices of the Products are specified in euro. They include the rate of VAT applicable in France at the date of the order and exclude substantial modifications of costs, including (without limitation) VAT.  IXXI reserves the right, to which the User hereby consents, to modify its prices at any time, but the Products shall be invoiced on the basis of the prices in force at the time that the order was record, notwithstanding which, any pricing shall be subject to the availability of such products.

    The Products shall remain the property of IXXI until complete payment of the price.

    Any promotional offers shall be valid as announced on the Site or until the last date of validity specified in the offer and subject to availability of stock.

    Prices indicated to not include any postage, packaging or handling fees, which shall be charged in addition in accordance with the rates set out below:

    DELIVERY METHOD
    Metropolitan France, Corsica, and Monaco

    RATE PER ORDER
    for all orders less than €35 inc. VAT (excluding postage, packaging and handling)

    DELIVERY PERIOD

    Colissimo:
    Delivery to a collection point

    Delivery to a post office
    Home delivery
    Delivery to a Cityssimo location

    €4.50

    2 to 5 working days

     

    DELIVERY METHOD
    Belgium, Cyprus, Ireland, Luxembourg, Malta and UK

    RATE PER ORDER
    for all orders less than €80 inc. VAT (excluding postage, packaging and handling)

    DELIVERY PERIOD

    Colissimo:
    Home delivery

    €10.00

    4 to 6 working days

     

    It is expressly stated that any promotions agreed in the form of discount vouchers are only valid for a single order per household and during a specified validity period and may not be combined with any other discount offers.

    2.3. User reviews

    You have the option of leaving a review and recommending any Product. You also have the ability to consult reviews and recommendations left by other Uses. Opinions and recommendations expressed for each Product reflect the average rating for such Products and recommendations of Users who have responded to each question.

    The stars displayed on the Site alongside Products represent the average rating, at any given moment, left by persons who have expressed an opinion on our Site in respect of such Product. They are therefore capable of changing from day to day.

    Article 3. Order placement and approval

     3.1. Browsing within the Site

    Users may navigate freely on the various pages of the Site, without in any way being committed to place an order.

    3.2. Order placement

    If Users wish to place an order, they may select the various Products in which they are interested, and show such interest by clicking on the box marked “Add to basket.”

    At any time, Users may:

    • Obtain a summary of the Products that they have selected, or change their order, by selecting “My basket,” which is accessible at the top right of each page; and/or
    • Complete their selection of Products and order them by clicking on “My basket.”

    In order to order the Products selected in this manner, Users will then click on “View detail and pay.” A summary of the order will then appear on the screen.

    Users will then see the content of their basket displayed on the screen, showing all items in the order, including (without limitation) the total amount including postage, packaging and handling fees and the nature and quantity of the Products ordered. Users may return to this order, complete it, change it, or cancel it, provided that it has not been approved. If Users wish to select another Product or other Products, they may continue to browse the Site in the knowledge that the Product(s) that they have just selected will be retained in their shopping basket.

    If the list shown correctly corresponds to the Products selected, Users will then approve the summary by clicking on “Validate.” Users must then log in, either by entering their e-mail address and password, if they are already a customer, or by accurately completing the form provided, submitting, in particular, information necessary to identify themselves including (without limitation) their family name, given name, electronic mail address, and postal addresses for the purposes of invoicing and delivery. Users are then notified that entering any personal details is deemed proof of their identity and demonstrates their consent, and agree to proceed on that basis.

    3.3. Definitive approval of the order and payment

    By clicking on the button giving access to the order payment process, Users must initially acknowledge these general terms and conditions of sale, then secondly, confirm their agreement to the terms and conditions of sale in their entirety by engaging in a process of confirmation and acceptance, which is required by the Site (for example, by ticking a box). As soon as Users have confirmed their acceptance of the terms and conditions of sale, a webpage dedicated to taking payment for the order will open.

    Users must then proceed to make payment for their order in accordance with the provisions of this agreement.

    After acknowledging the status of their order, and once they have provided all the information requested, Users can then approve the order and proceed to payment by clicking on the button designed for that purpose, at which point they are automatically redirected to Crédit Lyonnais’ payments server. Users can then proceed to make payment for the order, which is done online using a payment card (Carte Bleue, Visa, MasterCard or American Express) or using PayPal.

    All orders must be paid for in euro.

    Users enter the following data directly into the spaces provided for this purpose: the card number, its validity period, and its security code located on the reverse of the card (the CVV).

    The total amount of the order will be debited from the bank card on the day on which the order is placed.

    It is specifically stated that Credit Lyonnais’ server features SSL (Secure Socket Layer) encryption in order to provide the most effective protection possible for all payment-related data, and that Users’ bank details are not processed on IXXI’s computer systems at any time. As soon as payment is approved, Users return to the Site. The order is recorded and becomes irrevocable. From this point onwards, Users are Purchasers. The order note is saved in IXXI’s computerised storage, which are themselves retained in a reliable and durable format, and which shall be deemed proof of the contractual relationship entered into between the Parties.

    IXXI reserves the right to suspend the processing of any order and/or any delivery in the event of any non-payment or any rejection of any card payment on the part of any officially accredited and habitual online body.

    IXXI may, in its sole discretion, elect to decline or to honour any order placed by a Purchaser who has not settled any previous order, whether in full or in part, or with whom a payment dispute has occurred.

    IXXI shall not be held liable for any malfeasance or fraudulent use of any means of payment whatsoever that its verification procedures fail to detect.

    In order to protect IXXI from any abusive practices on the part of fraudsters, and where IXXI or the online payments provider suspect that an order may be fraudulent, they reserve the right to request from the Purchaser (prior to processing any order) additional documentation (including, without limitation, proof of address and proof of creditworthiness, such as a photocopy of the Purchaser’s identity card or bank card) with a view to verifying whether or not such order is fraudulent.

    The Purchaser hereby warrants and represents to IXXI that he or she holds the necessary authorisations to use the means of payment selected for the order. No fraudulent use of any bank card shall give rise to any right to any refund from IXXI.

    To the extent that any order for any Product(s) has not been paid in full, such Product or Products shall remain the property of IXXI.

    3.4. Order confirmation

    Once payment has been approved, a summary of the order shall be sent to the Purchaser by way of e-mail, at the e-mail address provided by the Purchaser when logging in. In particular, the Purchaser shall be notified of: the order reference; the characteristics of the goods ordered (their name, quantity, total amount including VAT, and postage, packaging and handling fees); the conditions and procedures governing the Purchaser’s right of withdrawal – the address where the Purchaser may submit any claim or complaint; information relating to after-sales customer service and any commercial warranties.

    Confirmation of dispatch of the order will subsequently be sent to the Purchaser by electronic mail. 

    Article 4. Delivery and receipt of goods

     4.1. Rates

    Prices of Products are expressed excluding any postage, packaging or handling fees, for which a fixed amount shall be charged, depending on the User’s choice, as follows:

    DELIVERY METHOD
    Metropolitan France, Corsica, and Monaco

    RATE PER ORDER
    for all orders less than €35 inc. VAT (excluding postage, packaging and handling)

    DELIVERY PERIOD

    Colissimo:
    Delivery to a collection point

    Delivery to a post office
    Home delivery
    Delivery to a Cityssimo location

    €4.50

    2 to 5 working days

     

    DELIVERY METHOD
    Belgium, Cyprus, Ireland, Luxembourg, Malta and UK

    RATE PER ORDER
    for all orders less than €80 inc. VAT (excluding postage, packaging and handling)

    DELIVERY PERIOD

    Colissimo:
    Home delivery

    €10.00

    4 to 6 working days

     

    The fixed amounts as specified shall be applied and notified at the time that the order is definitively approved.

    In respect of all orders for €80 or more, no postage, packaging and handling fees will be charged. Effectively, in the event that Colissimo is chosen as a delivery method for such orders, such fees shall be met entirely by IXXI.

    A gift box is offered during the order process, subject to availability of stock. In the event that such Gift Box is accepted by the User (by ticking a box), a fixed-price amount of €2.00 shall be applied and noted, in particular, during the definitive approval of the order by the User

    4.2. Process

    Delivery shall be deemed effective as soon as the Product(s) are made available to the Purchaser by the carrier.

    The Purchaser is responsible for the immediate verification, upon receipt, that the Product(s) as shipped conform to their specification and are complete.

    Any discrepancy or concern identified at the time of delivery (including a late delivery or a missing or damaged Product) must be notified comprehensively and accurately by the Purchaser on the receipt provided by the carrier at the time when the Products are delivered and/or confirmed by letter sent to the carrier by recorded delivery within three (3) days following receipt of the order. The period for raising any concerns or discrepancies shall be extended to ten days where the Purchaser personally takes delivery of the Products and the carrier is unable to demonstrate having provided the Purchaser with the opportunity to verify the good condition of the Products.

    Any concern of this kind shall be notified, in parallel, as soon as possible, to IXXI’s customer service team by way of an e-mail addressed to ixxi@ixxi-cosmetics.com or by telephone on +33 (0)5 58 55 52 52.

    A copy of the complaint raised with the carrier must be attached. Any claim submitted after this period will be rejected and IXXI shall be released of all liability.

    In the event that any Product ordered is not available, IXXI shall notify the Purchaser of the non-availability of the item. With the prior agreement of the Purchaser, a product of equivalent quality and price (a “Replacement Product”) will be offered. Where the Purchaser does not agree to the Replacement Product, the Purchaser shall be refunded in respect of any sums paid within thirty days. Any fees incurred as a result of the Purchaser’s exercise of the right to withdraw from the contract shall be met, in such circumstances, by IXXI.

    IXXI expressly disclaims any liability in the event of failure to deliver, or late delivery, upon an event of force majeure, due to any third party, or due to any error on the part of the Purchaser.

    In the event of any delay to delivery, the Purchaser shall promptly notify IXXI’s customer service team of such delay by e-mail addressed to ixxi@ixxi-cosmetics.com or by telephone on +33 (0)5 58 55 52 52.

    Deliveries will generally be completed within an average period of four to six days from receipt of the order form, depending on the delivery method selected, and shall in any event be completed within thirty (30) days from the day following the Purchaser’s approval of the order.

    In the event that the maximum delivery period of thirty (30) days is exceeded, the Purchaser shall be entitled to cancel the order by notice to the customer service team.

    Upon the exercise of the Purchaser’s cancellation rights, IXXI shall promptly refund the total amount of any sums paid by the Purchaser, including postage, packaging and handling charges, to the bank account debited when the order was initially placed and in any event within thirty (30) days from the cancellation, in full and final settlement of any claim.

    The Purchaser shall promptly notify the customer service team by electronic mail of any delay in order that IXXI may make enquiries with the carrier. The Purchaser is hereby notified that the period required to make such enquiries cannot be determined in advance and may be relatively long, as the duration of such period is outside IXXI’s control.

    If, during the course of such enquiries, the order is found, it shall immediately be redirected to the place of delivery specified in the order.

    If, following such enquiries, the loss of the order is confirmed, the Purchaser shall contact IXXI by telephone to elect either to ship replacement Product(s) or a full refund to the bank card used to pay for the order. In the event that the Purchaser fails to make contact within a period of thirty (30) days, a refund will be given.

    Article 5. Right of Withdrawal

    The Purchaser has the right to reflect on any purchase for a period of fourteen (14) working days counting from the day on which the order is delivered, without having to give any reason or pay any penalty, excluding return postage costs, which shall be at the Purchaser’s expense. As soon as the right of withdrawal is exercised, the Purchaser shall have a period of fourteen (14) working days after such decision to return the Product(s) ordered.

    The Product(s) shall be returned in its or their original packaging, unopened, unused, and undamaged, and accompanied by a returns note and the invoice, to the following address: IXXI – 1078 route André Dupuy – CS 60030 – 40260 CASTETS, France. If the period of fourteen days expires on a Saturday, a Sunday, a public holiday or a non-working day, it shall be extended until the next working day.

    All risks relating to the return of the Product shall be assumed by the Purchaser.

    If the conditions set out above are fulfilled, IXXI shall refund to the Purchaser, without delay and in any event no later than fourteen (14) days following receipt of the returned item by IXXI, all sums paid by the Purchaser. This includes the original postage, packaging and handling charges but return postage charges shall be met by the Purchaser.

    Excluding specific instances of any discrepancy between the Products delivered and the terms of the order, no exchanges are permitted. Purchasers who change their minds and wish to exchange a product after purchase for another Product must return the product by exercising their right of withdrawal. The originally ordered product will be refunded but not exchanged. To receive a new Product, Purchasers must place a new order on www.ixxi-cosmetics.com.

    Article 6. Data Protection

    The provision of personal data relating to named individuals collected in the process of distance selling is mandatory, as such information is required in order to process and deliver orders as well as to create invoices. This information is strictly confidential. Failure to provide such information shall entail the automatic rejection of the order. In accordance with the French law on Information Technology and Personal Freedom, Users are entitled to access, modify, correct and delete data that relates to them. They may exercise this right by sending a standard letter to IXXI’s customer service team at 1078 route André Dupuy – CS 60030 – 40260 CASTETS - France – or by sending an e-mail to ixxi@ixxi-cosmetics.com.

    Purchasers may wish to receive electronic mail from IXXI providing information on IXXI’s products and business activities. Purchasers are entitled to refuse to receive such communications, either before the fact by not giving consent at the time of approving their order, or after the fact by notifying their refusal of such mail by electronic mail.

    Cookies

    The Site makes use of cookies. Cookies are computer files that are stored on the hard disc of the Purchaser’s computer.

    Article 7. Intellectual Property

    The website, www.ixxi-cosmetics.com  is a creative work protected by intellectual property laws. Each item that forms part of the Site, including but not limited to trademarks, logos, photographs, images, illustrations, text, slogans, and video, are the sole and exclusive property of IXXI, which is the only person entitled to exercise the intellectual property and personality rights pertaining to such items.

    Any reproduction and/or depiction, use, adaptation or medication of the Site or any item forming part of it, whether in whole or in part, and in any medium whatsoever, and in any form or format whatsoever, for any other purpose (including, but not limited to, commercial exploitation) is expressly prohibited.

    Any reproduction and/or depiction of the Site or any item forming part of it requires the express, prior authorisation of IXXI. Hypertext links pointing to the site may only be created with IXXI’s prior written authorisation.

    Trademarks referred to in the Site are registered trademarks and are therefore protected, and are the exclusive property of IXXI.

    Article 8. Miscellaneous provisions

    8.1. Dispute resolution

    In the event that any dispute arises between IXXI and the Purchaser, either Party may take the initiative to address to the other, before the issue of any proceedings, send a letter constituting a formal notice setting out its grievances against the other Party. In the event that the Parties fail to make an attempt at conciliation within a period of fifteen days from the date of the formal notice contained in the letter, or in the event that any such attempt fails, either Party may take the initiative to notify the other, prior to the issue of proceedings, that the period of conciliation has come to an end.

    8.2. Force majeure

    Neither Party shall be held liable for failure to perform its obligations under this agreement, whether in whole or in part, if such failure to perform is caused by an event of force majeure. Items constituting force majeure shall be as defined by the criteria set in the relevant jurisprudence.

    The Party claiming an event of force majeure shall notify the other within five working days following the occurrence or threatened occurrence of such event.

    The Parties agree that they shall consult each other as soon as possible in order to work together to determine the means by which the order will be performed while the event of force majeure is ongoing.

    8.3. Partial invalidity

    If one or more provisions of these general terms and condition of business is held to be invalid, or is declared as such as a result of the implementation of any law or regulation or following the definitive decision of a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

    8.4. Entire agreement

    These general terms and conditions of sale and the order summary transmitted to the Purchaser form a single and integral contract and constitute the entire agreement formed between the Parties. In the event of any contradiction within these documents, the general terms and conditions of sale shall prevail

    8.5. Applicable law and competent jurisdiction

    These general terms and conditions of sale as well as the products of IXXI are subject to French law.

    In the event that no amicable settlement can be reached, any dispute relating to the execution, performance, or breach of the contract entered into between IXXI and the Purchaser shall be subject to the exclusive jurisdiction of the courts sitting at Dax.