PRIVACY POLICY AND GENERAL SALES CONDITIONS

Confidentiality Policy

 

Welcome to our website www.cinqmondes.fr (hereinafter referred to as the "Site") published by LABORATOIRES CINQ MONDES, domiciled to 6 square de l’Opéra-Louis Jouvet, 75009 Paris (FR) (hereinafter referred to as "we" or "us") 

 

We are required to collect information concerning users of the Website, participants in competitions that we organize, buyers (professional or not) of products sold on the Website, and also our suppliers and service providers (hereinafter referred to as "you"). Some of this information allows us to identify you (hereinafter referred to as "Personal Data").

 

We can assure you that the Personal Data that we collect via the Website is processed in compliance with the provisions set out by the applicable legislation regarding Personal Data protection.

 

As data controller and publisher of the Website, we want to inform you in a clear and transparent manner of the way in which your Personal Data is collected, stored and processed. In this line, please carefully read this Confidentiality Policy (hereinafter referred to as the "Policy"), which supplements 

 

  • Personal Data: What is it?When you create an account: Your first name and surname, title, email address, postal address, date of birth, phone number, username and password.

 

So that you can fully understand, it's important that you know what the notion of Personal Data covers. Personal Data is information that allows us to identify you, whether this is directly or indirectly, and whether this data is professional or personal. In particular, it may be your first name, surname, postal address, email address, phone number or your computer's IP address, and any information connected to your browsing on our Website.

 

  • Why do we use your Personal Data and for how long?

 

In order to simplify the presentation of the specifications of the processing implemented, in the table below, you'll find the reasons why we process your Personal Data (purposes), our justifications for the processing (legal bases) and the period for which we use it (retention period).

 

Purposes

Legal bases

Retention period

When you're using the Website

Managing your user account, if applicable

Contractual execution

Until you delete your account, or if you no longer use it, once it's considered to be inactive (after two years of inactivity), unless you appeal this

Distribution of our newsletter

Your consent

Until you unsubscribe from the newsletter, or 3 years from your last contact with us

Managing our commercial prospecting and loyalty campaigns

Until you withdraw your consent, or 3 years from your last contact with us

Managing your contact requests

Our legitimate interest in responding to your requests and questions

Period necessary to respond to your request. We then archive your Personal Data for a period of 2 years in order to prevent any disputes

Managing the Website and your browsing on the Website through the use of cookies  

Our legitimate interest in ensuring the smooth running of the Website, the fluidity of your browsing and the generation of statistics and audience measures

Period of up to XXX

Distribution of customized advertising according to your browsing profile

Your consent

Period of up to XXX

When you take part in a competition

Managing and organizing competitions

Contractual execution

Term of competition

Managing our commercial prospecting

Your consent

Until you withdraw your consent, or 3 years from your last contact with us

When you buy one of our products

Managing your order

Contractual execution

Term of the contractual relations

Managing product support

Managing our commercial prospecting and loyalty campaigns

Our legitimate interest in communicating information to you on products similar to those that you've already bought

3 years from your last contact with us

Completion of satisfaction surveys

Our legitimate interest in improving our products and services

Period necessary for the completion of the survey objective

Managing signatures of professional clients for training

Contractual execution

For a period of XX after training

Managing our accounting obligations

Legal obligation

Period compliant with the legal obligations or terms required by law

Managing disputes

Our legitimate interest in constituting evidence in the event of a dispute

Period required by law

When you're a service provider or supplier

Managing our commercial relations

Contractual execution

Term of the contractual relations

Managing our service provider/supplier record

Our legitimate interest in communicating information regarding your activity to you

3 years from your last contact with us

Managing our accounting obligations

Legal obligation

Period compliant with the legal obligations or terms required by law

Managing disputes

Our legitimate interest in constituting evidence in the event of a dispute

Period required by law

 

  • What Personal Data do we collect?

 

Categories of Personal Data which may be collected

When you use the Website

  • When you create an account: Your first name and surname, title, email address, postal address, date of birth, phone number, username and password.
  • When you browse on the Website: Browsing data collected by cookies (e.g. IP address) and localization data if you're using the Google Maps service integrated into the Website.
  • When you contact us: Your first name and surname, email address, postal address, phone number, professional category, any personal data that you communicate in your messages.
  • When you subscribe to the newsletter: Your consent to receiving our newsletter.

When you take part in a competition

  • When you sign up to a competition: Your first name and surname, date of birth and email address.

When you buy one of our products and/or as part of our product support service

  • When you're not a professional client: Your first name and surname, title, email address, client ID, postal address, date of birth, phone number, invoices, order history.
  • When you are a professional client: Your first name and surname, title, professional email address, client ID, your company's postal address, company name, professional phone number, invoices, order history.

When you're a service provider or supplier

Your first name and surname, title, professional email address, your company's postal address, company name, professional phone number, signature.

 

Data regarding payments that you have made on the Website are directly collected by our payment service provider via a dedicated interface which you can access on our Website. Data regarding your payments will be processed by our service provider in compliance with the strictest safety and confidentiality rules applicable in the electronic commerce sector.

 

  • How do we use cookies?

 

We use cookies and other tracers on the Website. To find out more about how we use these tools, please read our 

 

  • Who receives your Personal Data?

 

Your Personal Data is sent within our various administrative and commercial departments, only to individuals authorized by their positions, for processing.

 

It is also sent to our external service providers (such as our logistics service provider, our web service provider, etc.), acting on our behalf and in our name, only when they need this information as part of the fulfillment of their service, particularly in the aim of providing you with the services offered on the Website. We ensure that these service providers present the necessary guarantees in compliance with the security and confidentiality of your Personal Data.

 

We may also be required, pursuant to a legal obligation, to send your Personal Data to an administrative authority or to an authorized public organization (e.g. tax administration).

 

  • Is your Personal Data transferred outside of the European Union?

 

By principle, we only process your Personal Data within the territory of the European Union. 

 

However, we may be required to transfer your Personal Data to external recipients which may be based in countries offering different levels of Personal Data protection. If applicable, we're committed to ensuring that the appropriate guarantees are put in place, such as the signing of master contractual clauses adopted by the European Commission, accompanied by additional measures to ensure their efficacy, if necessary.

 

You can ask for more information on the guarantees put in place by sending us an email to the address indicated below. 

 

  • What rights do you have regarding your Personal Data?

 

In compliance with the applicable regulations, you have the right to access, rectify or request the deletion of your Personal Data. You can also request the limitation of its processing or appeal it.

 

Furthermore, you can withdraw your consent to the electronic sending of commercial communications at any time.

 

In certain circumstances, you also have the right of portability for your Personal Data. The right of portability enables you, when your Personal Data's processing is based on your consent or on a contract and when it is carried out using automated processes, to obtain from us the provision of your Personal Data in a structured format, commonly used and machine-readable. The Personal Data hence obtained can then be sent to another data controller without us obstructing this process.

 

You also have the right to define directives, general or special, relating to the date of your Personal Data following your death. Special directives may be registered directly with us. General directives may be registered with a trusted third party that has been certified by the CNIL [French Data Protection Authority]. You have the option to modify or delete these directives at any time.

 

You can exercise your rights by contacting us at the following email address: [email protected]

 

In the scenario whereby you believe that we are not complying with our obligations or your rights regarding your Personal Data, you can submit a complaint to the CNIL [French Data Protection Authority], in compliance with the applicable regulations.

 

In order to maintain the confidentiality and protection of your Personal Data, we will need to identify you in order to respond to your request. For this, should we have any reasonable doubts regarding your identity, you may be asked to attach a copy of your ID to your request.

 

  • Additional information

 

We reserve the right to amend this Policy at any time, taking into account the applicable provisions regarding Personal Data protection.

 

If you want to get further information on how we manage your Personal Data, you can send us your questions by email to the following address: [email protected]

 

 

Date of latest update to the Policy: 12/01/2023.

GENERAL SALES CONDITIONS

1.  Purpose

 

The purpose of these general sales condition is, on one hand, to inform any possible consumer about the conditions and methods under which the seller undertakes the sale and delivery of the products and/or Gift Invitations ordered and, on the other hand, to define the rights and obligations of the parties in the framework of the sale of products and/or Gift Invitations by the seller to the consumer. They apply, without any restrictions or reservations, to all the sales by the Cinq Mondes company of products and/or Gift Invitations proposed on its Internet site.   Consequently, the fact of anyone ordering a product or a Gift Invitation proposed for sale by the Cinq Mondes company's Internet site carries with it full and entire acceptance of these general sales conditions, which the Buyer recognizes having perused prior to his or her order.   The products and/or Gift Invitations are proposed for sale in the following geographic areas: Germany, Austria, Belgium, Cyprus, Denmark, Dom Tom (Guyana, Guadeloupe, Martinique, New Caledonia), Spain, Estonia, Finland, France, Greece, Hongary, Irland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovenia, Sweden, Switzerland, Bulgaria, Romania, Slovakia.   The Buyer, prior to his or her order, states:
- that the purchase of product(s) and/or Gift Invitation(s) on the Cinq Mondes company's Internet site has no direct link with his or her professional activity, and is limited to strictly personal use
- that he or her has full legal capacity permitting him or her to be bound by these general sales conditions.
  The Cinq Mondes company reserves the right to modify at any time these general sales conditions.  

2. Identity of the Company

  Name: LABORATOIRES CINQ MONDES
Address:6 square de l’Opéra-Louis Jouvet
Postal code: 75009
City: PARIS
Telephone: +33 (0)1 75 000 810

3. Access to the Internet site

  It is the Buyer's personal business to put in place computer and telecommunication means permitting access to the Cinq Monde company's Internet site.   The telecommunication expenses during access to the Internet and use of the Web site are incumbent on the Buyer.  

4. Formation of the Contract and Orders

4.1. Prices

  The sales prices of the products and/or Gift Invitations on line on the Cinq Mondes Internet site, shown in euros, are those in effect at the moment when the order form is recorded by the Buyer.   They do not include shipping costs, invoiced in addition to the price of the products and/or the Gift Invitation purchased and calculated on the amount of the order and the destination.   The prices include, when applicable, the value-added tax (VAT) in effect the day the order is placed and any change in the applicable VAT rate will be automatically reflected on the price of the products and/or Gift Invitations sold by Cinq Mondes on its Internet site.   The sales prices of the products and/or Gift Invitations can by modified by Cinq Mondes at any time. The Buyer will be informed of this modification before he or she places any order.  

4.2. Characteristics of the products and Gift Invitations

  In compliance with Article L.111-1 of the Consumer Code, the Buyer can, prior to his or her order, peruse, on the Cinq Mondes site, the essential characteristics of the products and/or Gift Invitations that he or she wishes to order.   The Buyer selects one or more products and/or Gift Invitations from among the different categories proposed on the Cinq Mondes Internet site.  Gift Invitations are personal and non-transferable.

4.3. Orders

  Any order supposes adherence without any restrictions or reservations to these general sales conditions.   As soon as the Buyer has recorded his or her order by clicking on the "Validate" icon, he or she is considered as having accepted with full knowledge and without reservations these general sales conditions, the prices, volumes and quantities of the products and/or Gift Invitations proposed for sale and ordered.   The Buyer's order must be confirmed by Cinq Monde, by e-mail.   The sale will only be considered final after the Buyer is sent confirmation of the order by Cinq Mondes and the total price is collected by Cinq Mondes.   Cinq Mondes recommends that the Buyer keep this information on a paper or computer document.  

5. Payment

  Payment must be made when the Buyer places his or her order. At no time can the amounts paid be considered deposits or first installments.   The collection of the totality of the amount of the order will be done by Cinq Mondes as soon as the order is validated.   All orders are payable in euros.   To pay for his or her order, the Buyer has all the means of payment mentioned on the order form: on-line credit card.   The Buyer guarantees Cinq Mondes that he or she has any possibly necessary authorizations to use the payment method that he or she chooses, during the recording of the order form.   Cinq Mondes reserves the right to suspend or cancel any order and/or delivery, whatever its nature and execution level, in the event of non-payment of any sum that is due by the Buyer or in the event of a payment incident.   Penalties of an amount equal to the legal interest rate increased by five points are applicable as of right to the unpaid amounts at the end of a period of 10 days following the invoice date or as of notification of the rejection of bank payment for any other means of payment. The delivery of any new order can be suspended in case of the late payment of a previous order and this notwithstanding the stipulations of these documents. Cinq Mondes reserves the right to ask for a photocopy of the Buyer's identification or justifying documents of his or her domicile for any payment by credit card.   In the framework of the fight against Internet fraud, the information concerning your order can be transmitted to any third party for verification.  

6. Choice of Gift Invitations and Products

  The Buyer having perused the products and Gift Invitations and their characteristics marketed by Cinq Mondes has, under his or her sole responsibility and depending on his or her needs as determined beforehand before any order, chosen the product(s) or the Gift Invitation(s) that are the object of the order. Furthermore, the Buyer alone knowing the products and or Gift Invitations that he or she possesses and uses, is the only judge of the compatibility of the products and Gift Invitations ordered with those used by the Buyer.   It is exclusively up to the Buyer, if he or she does not believe himself or herself competent, to be aided by an advisor.  

7. Delivery and Reception

7.1. General rules

  The products and/or Gift Invitations will be delivered to the address indicated by the Buyer on the order form, in metropolitan France and Corsica or for any destination for which the service is available.   The Buyer can, at his or her express request, have the invoice sent to the invoicing address and not to the delivery address by checking the option offered for this purpose on the order form. Cinq Mondes uses the regular mail service of La Poste to deliver to its customers. If the procedures presented below are not respected, no claim from the Buyer will be accepted.

7.2. Delivery times

The average delivery times from the moment when the order leaves Cinq Mondes are the following:
-          Metropolitan France: normal mail service by La Poste: 48 to 72 hours
-          Other destinations: according to the country
These delivery times are communicated for information only.
    In any event, and in compliance with the stipulations of Article L.121.20.3 of the Consumer Code, the products and Gift Invitations ordered – unless they are unavailable – will be delivered within a maximum of 30 days as of the day after the Buyer has recorded his or her order, subject to complete payment of the price.   If the delivery has not been made by the expiration of this period, the Buyer can cancel his or her order. The amounts paid by the Buyer will be returned to him or her without delay, excluding any other indemnification.   In the event of lateness vis-à-vis the date initially set, the Buyer must inform Cinq Mondes in writing (regular mail, fax, e-mail) so that the Company can improve the quality of service that can be proposed to the Buyer and permit it to initiate an inquiry at La Poste.   An inquiry at La Poste can last 21 business days. If during this period the products and/or Gift Invitations are found, they will immediately be forwarded to the delivery address indicated on the order form.   On the other hand, if the products and/or Gift Invitations are not found after this 21-business-day inquiry period, Cinq Mondes will send, at its own expense, a new shipment of the products and/or Gift Invitations ordered by the Buyer.

7.3. Delivery Costs

DELIVERY COSTS EXTRA COST FREE
France / Monaco 5€ delivery cost
for any order < 65€
Free delivery cost
for any order > 65€ (excluding the orders of one single Gift Certificate for a 50-min spa treatment in Spa Cinq Mondes Lyon or Marseille and the orders of two Gift Certificates for a 20-min spa treatment in Spa Cinq Mondes Lyon)
Italy / Dom Tom* 12€ delivery cost
for any order < 150€
Free delivery cost
for any order > 150€
Other Countries** 10€ delivery cost
for any order < 150€
Free delivery cost
for any order > 150€

*Guyana, Guadalupe, Martinique, new Caledonia, French Polynesia
**Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden, Switzerland, United Kingdom

 

7.4. Quality and conformity problems

  In the event of a delivery of products and/or Gift Invitations that do not correspond to the order, the Buyer must formulate his or her claim within 10 days as of the reception of the products and/or Gift Invitations.   The claims must be sent by registered letter with notice of receipt to the address indicated in paragraph 2 of these documents, and must include:
- the Buyer's contact information
- the order number
- the product and/or Gift Invitation reference
- the reasons for the claim.
  The products and/or Gift Invitations must be returned within 10 business days as of the attribution of a return number by Cinq Mondes Customer Service. If this procedure is not followed, Cinq Mondes will not undertake any exchange or reimbursement of the products and/or Gift Invitations thus ordered.   Any risk linked to the return of the products and/or Gift Invitations is the responsibility of the Buyer.   If the procedure and time periods presented above are not respected, the Buyer cannot formulate any claim for non-conformity or obvious flaws of the products and/or Gift Invitations delivered, the products and/or Gift Invitations then being considered as corresponding to the Buyer's order.  

8. Right of Retraction

  In compliance with Article L.121-16 of the Consumer Code, the Buyer has seven clear days as of the reception date to return, at his or her own expense, the products and/or Gift Invitations ordered, for reimbursement.   The products and/or the Gift Invitations must imperatively be returned to Cinq Mondes in perfect condition for resale, in their original condition (packaging, accessories, instructions…), duly sealed, not opened and accompanied by the invoice corresponding to the purchase. The care sessions corresponding to the Gift Invitations must not have been consumed either during the seven-day period, or after this time period.   If the products and/or the Gift Invitations include a guarantee form or any other document to be completed, it – so that the Buyer can exercise his or her right of retraction – must not be filled in.   Any incomplete, spoiled, damaged product or Gift Invitation or whose original packaging has deteriorated will not be reimbursed or exchanged.   The exercise of the right of retraction will give rise to the Buyer's choice:
- either of a reimbursement in cash through recrediting the credit card used during the initial order or, if this is impossible, through a check-letter.
- or of the attribution of a purchase voucher under the conditions set forth in point 9 below.

9. General Reimbursement Conditions

  Subject to the special stipulations in point 8 above for the specific case of retraction, any reimbursement incumbent on Cinq Mondes will be made in the form of a purchase voucher to be credited on our site.   In all cases, Cinq Mondes will communicate, when this purchase voucher is attributed, by e-mail:
- its period of validity
- the Buyer's possibility or not of asking for a reimbursement
- its amount
  If the purchase voucher does not have any wording to the contrary, during its period of validity, the customer can ask by e-mail to change this purchase voucher into a reimbursement.   This reimbursement will, as a priority, take the form of recrediting the credit card used during the initial order or, if this is not possible, of sending a check-letter.   If the purchase voucher is partially used, the remainder will be available for the customer under the same conditions as the original credit. A purchase voucher will be considered as used in the event of even partial use or a request for reimbursement.   By the very fact of using this purchase voucher, the customer commits on his or her honor to not initiate a dispute or opposition at his or her bank or any other bank on the transaction concerned by the reimbursement and commits to not do so within a period of one year following the use of the purchase voucher.   The consumer acknowledges being informed that any breach of this obligation will make him or her liable to the return of the unduly received amount without prejudice to the damages that Cinq Mondes may claimed from the consumer.  

10. Ownership Retention

 

Cinq Mondes retains full and entire ownership of the products and/or Gift Invitations sold until the price, in principal, expenses and taxes included, has been totally collected.  

11. Guarantee

  No return will be accepted without prior authorization from Cinq Mondes.   If the products and/or Gift Invitations are acknowledges as not in conformity, Cinq Mondes will transmit to the Buyer a return number for the products and/or Gift Invitations. This return number, a determining and indispensable condition, is valid for seven business days as of the communication of the return number by Cinq Mondes to the Buyer. After this period, the Buyer must renew his or her request, according to the procedure described above.   Defective products and/or Gift Invitations must be returned in their original packaging, including the entire product and/or Gift Invitation and its accessories, and must be accompanied by the legible return number of the product and/or Gift Invitation communicated by Cinq Mondes and the product or Gift Invitation series number.   Any incomplete, spoiled, damaged product or Gift Invitation or whose original packaging has deteriorated will not be reimbursed or exchanged in the framework of the guarantee.   Any expense or risk linked to the return of the products and/or Gift Invitations is the responsibility of the Buyer.   Cinq Mondes only guarantees the Buyer, in the framework of hidden defects that could affect the products or Gift Invitations delivered as a replacement of the defective products or Gift Invitations, without it being able to be considered by the Buyer as responsible for any possible harmful consequences that these hidden defects could bring about.  

12. Liability

  The products and Gift Invitations proposed by Cinq Mondes are in compliance with French legislation in effect.   Cinq Mondes cannot be held liable for the non-fulfillment of the contract in the event of force majeure, disturbances or a total or partial strike notably on the part of the postal services and any means transportation and/or communication.   Cinq Mondes cannot be held liable for any consequential damage that could occur from purchasing the products and/or Gift Invitations.   Cinq Mondes cannot be liable for any loss of data or files. It is the Buyer's responsibility to undertake all the necessary backups.   The total or partial impossibility of using the products and/or Gift Invitations notably due to an incompatibility of equipment cannot involve Cinq Monde's responsibility or give rise to any compensation or reimbursement.   The Cinq Mondes site also contains information from third parties and links to other Internet sites. Cinq Mondes can in no case be held liable for damage resulting from the use of, access to or incapacity to use this third-party information, or for the content of other Internet sites.  

Cinq Mondes cannot be responsible if customs fees have to be applied in your country of delivery

13. Partial Invalidity

  If one or more stipulations of these general sales conditions are considered invalid or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and scope.  

14. Non-Waiver

  The fact for one of the parties to not invoke a breach by the other party for any of the obligations whatsoever referred to in these general sales conditions cannot be interpreted for the future as a waiver of the obligation in question.  

15. Applicable Law

  The sale of products and/or Gift Invitations of the Cinq Mondes company are subject to French law.  

16. Information and Freedoms

  The information collected by Cinq Mondes during any order by the Buyer is necessary for the management of his or her order by Cinq Mondes and its commercial partners. In compliance with the Information and Freedoms law no. 78-17 of January 6, 1978, the Buyer has a right of access, rectification, opposition and removal of the data concerning him or her from Cinq Monde.   Through the intermediary of Cinq Mondes, the Buyer can receive commercial proposals from other organizations or companies, or be informed about Cinq Mondes offers. If the Buyer wishes to not receive these proposals, he or she can inform Cinq Mondes by mail.     Only the French version of these general sales conditions is valid under French law. The English version is provided for information only.

18. Report a side effect

Your data are processed by Laboratoires Cinq Mondes in the context of the management and monitoring of legal vigilance. The information collected will be computerised, respecting medical confidentiality and may be communicated to the Competent Authority concerned. The data recorded which concern you or the patient are used for strictly internal purposes of the company by authorized persons (Regulatory Affairs). You can access, rectify your data and define directives in case of death by writing to the Regulatory Affairs Department by email at [email protected] or by sending a post to the following address: Cinq Mondes, Regulatory Affairs Department, Avenue du Géneral de Gaulle 14200, Hérouville Saint-Clair. For more information on the processing of your data, please consult our "Vigilance Information Notice" available on request.

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