Terms of sale
General Terms and Conditions of Sale
Article 1 – Seller Identification
Name: LABORATOIRES CINQ MONDES Address: 6 Square de l'Opéra-Louis Jouvet, 75009 Paris, France SIREN: 435 296 470 RCS Paris Household Packaging Unique Identifier: FR212360_01PHWE
For any query or complaint relating to an order, the right of withdrawal, non-conforming Products, or for any query or complaint relating to the website www.cinqmondes.com, the use, formulation, or quality of the Products, or in the event of an adverse effect or incident arising from the use of the Products, the Customer may contact the LABORATOIRES CINQ MONDES Customer Service Department at the following coordinates:
- By email via the contact form on the website www.cinqmondes.com.
The Customer is hereby informed by LABORATOIRES CINQ MONDES that they may register on the telephone canvassing opposition list (Bloctel list). It is nonetheless specified that such registration shall not preclude LABORATOIRES CINQ MONDES from contacting the Customer by telephone for the strict purposes of performing this contract.
Article 2 – Subject Matter and Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions of Sale") apply, without restriction or reservation, to all sales concluded by LABORATOIRES CINQ MONDES (hereinafter the "Seller") with consumers and non-professional purchasers (hereinafter the "Customer" or "Customers") wishing to acquire the products and/or Gift Invitations offered for sale by the Seller on the website www.cinqmondes.com (hereinafter the "Products").
They set out in particular the terms and conditions governing the ordering, payment, delivery, and management of any returns and refunds of Products ordered by Customers.
The General Terms and Conditions of Sale apply to the exclusion of all other terms, including those applicable to in-store sales or sales made through other distribution or marketing channels.
The General Terms and Conditions of Sale are systematically communicated to every Customer prior to placing an order and shall prevail, where applicable, over any other version or any other conflicting document.
They are accessible at all times on the website www.cinqmondes.com.
The Customer declares that they have read and accepted the General Terms and Conditions of Sale prior to placing their order. Validation of the order by the Customer constitutes unreserved acceptance of these General Terms and Conditions of Sale.
As the General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase shall be the version in force on the website www.cinqmondes.com at the time the order is placed.
Amendments to the General Terms and Conditions of Sale shall be enforceable against users of the website www.cinqmondes.com from the date of their publication online and may not apply to transactions concluded prior thereto.
These General Terms and Conditions of Sale are supplemented by the "General Terms and Conditions of Use and Legal Notice," the "FAQ" section, as well as the "Privacy Policy" and the "Cookies Policy" of the website www.cinqmondes.com.
Article 3 – Products Offered for Sale
The Products offered for sale on the website www.cinqmondes.com are cosmetic products as well as Gift Invitations entitling the holder to spa treatments at spas operated by the Seller.
The principal characteristics of the Products, including all substantive information required by applicable regulations, notably specifications, illustrations, and indications of dimensions and capacity, are set out on the website www.cinqmondes.com in each Product's description sheet.
The Customer is required to review this information prior to placing any order.
The selection and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.cinqmondes.com are non-contractual and shall not engage the Seller's liability.
The Customer is required to refer to the description of each Product in order to ascertain its essential properties and characteristics, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in French and shall be confirmed at the latest upon validation of the order by the Customer.
Product offers are valid subject to available stock, as specified at the time the order is placed.
In the event of an order to a country other than metropolitan France, the Customer shall be the importer of the relevant Product(s). Customs duties or other local taxes, import duties, or state taxes may be payable. These shall be borne by and shall remain the sole responsibility of the Customer.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Customer acknowledges having the legal capacity required to contract and purchase the Products offered on the website www.cinqmondes.com. The Customer further declares and acknowledges that the purchase of Products on the website www.cinqmondes.com is unrelated to any professional activity and is limited to strictly personal use.
Article 4 – Orders
4-1. Placing an Order
The Customer is required to select the Products they wish to order on the website www.cinqmondes.com, in accordance with the following procedures.
To place an order, the Customer must create a personal account by completing the registration form and choosing a personal password. After logging in, or after creating their personal account, the Customer must complete the Product order form by entering the following mandatory details: the nature and quantity of each Product ordered, their surname and first name, company name if applicable, their chosen delivery method, delivery address, billing address, payment method, email address, and telephone number.
Should any mandatory details be missing, a screen will prompt the Customer to amend or complete said details.
An order summary will then appear on screen, displaying the Customer's billing address, the delivery address for the Products, a summary table of the order (nature, quantity, and price of the Products), delivery charges, and the total order amount.
The Customer shall have the opportunity to review the details of their order, its total price, and to correct any errors prior to confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or rectify any error.
An order is registered on the website www.cinqmondes.com when the Customer accepts the General Terms and Conditions of Sale by ticking the relevant box and validates their order by paying the indicated price. Such validation constitutes acceptance of the General Terms and Conditions of Sale in their entirety, as well as the "General Terms and Conditions of Use and Legal Notice," the "Privacy Policy," and the "Cookies Policy" of the website www.cinqmondes.com.
Validation of the order constitutes an electronic signature. Such signature shall have the same legal value between the Parties as a handwritten signature and shall serve as proof of the complete order, of acceptance of the order, and of the amounts due in performance thereof.
The sale shall only be final upon the Seller's dispatch to the Customer of an order confirmation email, which must be sent without delay and following receipt by the Seller of full payment of the price due.
Any order placed and validated by the Customer and confirmed by the Seller, in the conditions and according to the procedures described above, on the website www.cinqmondes.com, constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists regarding payment of a prior order.
The Customer may track the progress of their order on the website www.cinqmondes.com by logging into their personal account.
The Seller does not intend to sell Products on the website www.cinqmondes.com to professionals, but solely to consumers or non-professionals for their personal needs. In accordance with Article L 121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel on "legitimate grounds" any order in which the quantity of Products or the amount payable (for one or several cumulative orders) does not correspond to the average usage of a household, any order suggesting that the Customer is engaged in an economic activity in connection with the Products ordered, or more generally any order that is abnormal within the meaning of applicable case law.
4-2. Gift Voucher Orders and Use
This article of the General Terms and Conditions of Sale applies solely to the online sale of Gift Vouchers.
It is nonetheless specified that the Customer may place a Gift Voucher order in two ways:
- Directly on the website www.cinqmondes.com, under the "GIFTS" section;
- In person, directly at the spas.
To place an order, the Customer must create a personal account by completing the registration form and selecting a personal password.
The Customer shall have the choice between two Gift Voucher delivery methods: by post or electronically.
In the case of postal delivery, the Seller shall first send an order confirmation and summary by email, followed by postal delivery of the order to the address indicated by the Customer at the time of placing the order.
In the case of electronic delivery, the Seller shall send the Customer an order confirmation and summary by email, with the Gift Voucher attached as an enclosure, which the Customer must print in order to use it.
Their validity period is indicated on their purchase page; failing any specification, they shall be valid for one year. The Seller accepts no liability in the event of loss, theft, or use by a third party of Gift Vouchers.
Gift Vouchers contain a unique code enabling the chosen spa to verify whether the purchased treatment has already been carried out.
Gift Vouchers are non-refundable and non-exchangeable, except in the event of the Customer exercising their right of withdrawal. In the event of a Gift Voucher not being used prior to its expiry date, the Customer shall not be entitled to any refund.
To avail of spa treatment services, the Customer holding a Gift Voucher must:
- Call the Spa where the treatment is to be carried out;
- Schedule the date and time of the appointment;
- On the day of their visit, present their Gift Voucher at reception;
- Arrive 15 minutes before the scheduled appointment time so as to ensure punctuality (in the event of late arrival, the treatment duration will be reduced by an equivalent amount of time);
- Inform staff of any health conditions (circulatory disorders, allergies, asthma, etc.) or pregnancy (certain treatments may not be advisable);
- In the event of pregnancy, provide medical authorisation at the time of booking for body treatments;
- In the event of a serious illness or major surgery occurring within a short period prior to the appointment date, provide a certificate of non-contraindication issued by the attending physician.
In the event of cancellation of an appointment made less than 24 hours in advance, or in the event of a no-show, the Gift Voucher shall be deemed permanently forfeited and may not be refunded or credited.
It is further specified that:
- Treatment durations indicated are estimates;
- Treatment packages are non-divisible, may not be modified, and must be carried out in a single session;
- Body treatments are not accessible to persons under 18 years of age.
The Seller reserves the right to refuse the requested service if the Customer fails to satisfy the conditions set out above. In such case, the Seller shall not be liable to compensate the Customer.
4-3. Online Booking
This article of the General Terms and Conditions of Sale applies solely to the online booking of treatments and spa entries.
The website www.cinqmondes.com enables the Customer to search via the search engine and to book appointments for a treatment or spa entry at an establishment from among the numerous listed establishments. The availability of an appointment is specified at the time the appointment request is made by the Customer. The Seller provides no guarantee whatsoever in respect of the appointment, as the Spa's calendar may not have been updated. In such case, the Spa may contact the Customer directly to propose an alternative time slot.
A booking is registered on the website www.cinqmondes.com when the Customer accepts the General Terms and Conditions of Sale by ticking the relevant box and validates the booking by paying the indicated price. Such validation constitutes acceptance of the General Terms and Conditions of Sale in their entirety, as well as the "General Terms and Conditions of Use and Legal Notice," the "Privacy Policy," and the "Cookies Policy" of the website www.cinqmondes.com.
Validation of the booking constitutes an electronic signature. Such signature shall have the same legal value between the Parties as a handwritten signature and shall serve as proof of the complete booking, of acceptance of the booking, and of the amounts due in performance thereof.
The sale shall only be final upon the Seller's dispatch to the Customer of a booking confirmation email, which must be sent without delay and following receipt by the Seller of full payment of the price due.
The Seller reserves the right to cancel or refuse any booking from a Customer with whom a dispute exists regarding payment of a prior order.
4-4. Order Modification
Once confirmed and accepted by the Seller in the conditions described above, the order may not be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.
4-5. Order Cancellation
Once confirmed and accepted by the Seller in the conditions described above, the order may not be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.
Article 5 – Prices
The Products are supplied at the prices in force appearing on the website www.cinqmondes.com at the time the order is recorded by the Seller. Prices are expressed in Euros, inclusive of all taxes (VAT included), the applicable VAT being that in force at the time of invoicing.
Prices take into account any discounts that may be granted by the Seller on the website www.cinqmondes.com.
These prices are firm and non-revisable during their validity period, as indicated on the website www.cinqmondes.com; the Seller reserves the right, outside such validity period, to modify prices at any time. They do not include processing, dispatch, transport, and delivery charges, which are invoiced in addition, under the conditions indicated on the website www.cinqmondes.com under the FAQ tab and calculated prior to placing the order.
Should the Customer request a faster or more costly dispatch method than standard delivery, the additional processing, dispatch, transport, and delivery charges, as calculated prior to the Customer's validation of the order, shall be borne entirely by the Customer.
The amount requested from the Customer corresponds to the total purchase price, inclusive of these charges.
An invoice shall be drawn up by the Seller and made available to the Customer via their personal account.
Any announcement of a price reduction must indicate the price previously applied by the Seller prior to the reduction, such previous price being defined as the lowest price applied by the Seller to all Customers during the 30 (thirty) days preceding the application of the price reduction.
Article 6 – Payment Terms
The price is payable in full and in cash on the date the order is placed by the Customer, by bank card bearing several brands (including CB/Visa, CB/Mastercard, and CB/American Express cards), Flying Blue+, or via a PayPal account.
Payment by bank card is irrevocable, except in cases of fraudulent use of the card, in which case the Customer may request cancellation of the payment and restitution of the corresponding amounts.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of orders in progress placed by the Customer.
What is Flying Blue+? Flying Blue+ is an alternative payment method. It is the loyalty programme offered by Air France, KLM, and Transavia. It is available to all Flying Blue members and enables the instant accrual of Miles on purchases. Accumulated miles may be used to pay for orders on cinqmondes.com.
Paying with Flying Blue+: Visit https://www.cinqmondes.com/fr/, select the desired product, and choose Flying Blue+ as the payment method. You will be redirected to your Flying Blue login area to identify yourself. If you do not have a Flying Blue account, click the "Register" button on www.flyingblue.com to create one. In the event of an insufficient miles balance, the remainder may be paid by bank card. All Flying Blue+ transactions can be found on your Flying Blue dashboard by logging into your account. To cancel or return an order, you have 30 days to return the product. Miles will be refunded within 14 working days of receipt of the returned item.
No additional charges exceeding the costs incurred by the Seller for the use of a given payment method may be invoiced to the Customer.
Once the payment method has been selected by the Customer, they are redirected to a secure site managed by the Seller's financial partner. Payment is processed within the framework of the 3D Secure programme. The Customer's banking data does not transit through the website www.cinqmondes.com, and only the Seller's financial partner has access to such banking data.
Article 7 – Delivery and Receipt of Products
Delivery of the ordered Products shall be understood as the transfer to the Customer of physical possession of or control over the ordered Products.
In accordance with the provisions of Article L 216-5 of the French Consumer Code, delivery of the Products shall be accompanied by the provision of instructions for use, installation instructions, and a written statement indicating the possibility of making reservations.
The Products ordered by the Customer shall be delivered within the timeframe indicated prior to payment, upon the Customer's selection of carrier, to which is added the average processing and transit time indicated in the FAQ section of the website www.cinqmondes.com, to the address indicated by the Customer when placing the order on the website www.cinqmondes.com, or to the collection point address chosen by the Customer. In all cases, the Seller undertakes to prepare the order within 48 (forty-eight) business hours following payment validation.
Except in special circumstances or in the event of unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to use its best endeavours to deliver the Products ordered by the Customer within the timeframes specified above. However, such timeframes are provided for indicative purposes only.
If the ordered Products have not been delivered within 30 (thirty) days after the indicative delivery date, for any reason other than force majeure or fault of the Customer, the Customer may notify the Seller, under the conditions provided for in Article L 216-6 of the French Consumer Code, of either:
- The suspension of payment of all or part of the price until the Seller performs its obligations under the conditions provided for in Articles 1219 and 1220 of the French Civil Code (plea of non-performance); or
- The rescission of the sale, after having put the Seller on formal notice to perform within a further reasonable period which the Seller has failed to observe.
Rescission may be immediate if the Seller refuses to perform, if it is manifest that the Seller will be unable to deliver the Products, or if the unobserved delivery timeframe constituted an essential condition of the sale for the Customer.
In the event of rescission of the sale, the amounts paid by the Customer shall be restituted no later than 14 (fourteen) days following the date of termination of the contract, to the exclusion of any compensation or retention.
The Seller bears the risks of transport and shall be liable to reimburse the Customer in the event of damage caused during transport.
Deliveries are carried out by an independent carrier to the address indicated by the Customer when placing the order and to which the carrier may easily gain access. Delivery charges are as follows:
In Metropolitan France and Monaco: free delivery for any order exceeding €120 (except orders containing solely one 50-minute Treatment Gift Invitation for the Cinq Mondes Spas in Lyon or Marseille, or orders containing solely two 20-minute Treatment Gift Invitations for the Cinq Mondes Spa in Lyon).
Charges of €6.90 to €12.90 (Metropolitan France) for any order below €120.
International¹: free delivery for any order exceeding €150. Charges of €12.90 for any order below €150.
¹ The Seller delivers only to the following territories: Germany, Austria, Belgium, Denmark, Spain, Estonia, Finland, Metropolitan France, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, Slovenia, Sweden, Bulgaria, Romania, Slovakia.
The Customer therefore acknowledges that it is the carrier's responsibility to effect delivery and shall have no warranty claim against the Seller in the event of failure by the carrier to deliver the transported goods.
In the event of a specific request by the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs shall be subject to a specific additional invoice, subject to the Customer's prior acceptance.
In the event of a non-conforming or missing product, the Customer has 48 (forty-eight) hours from delivery to submit, by email via the contact form on the website www.cinqmondes.com, any reservations or complaints regarding non-conformity (e.g. a product different from the one ordered), apparent defects or damage to the delivered Products (e.g. a damaged or already opened parcel), or failure to provide instructions for use or installation instructions, together with all relevant supporting documents (photographs in particular). After this deadline and in the absence of compliance with these formalities, the Products shall be deemed conforming and free from any apparent defect.
It is recalled that the absence of reservations made by the Customer upon delivery of the Products does not exempt the Seller from the conformity guarantee as described below.
Article 8 – Transfer of Ownership – Transfer of Risk
Transfer of ownership of the Products from the Seller to the Customer shall only occur upon full payment of the price by the Customer, regardless of the date of delivery of the Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration shall only occur at the time the Customer takes physical possession of the Products, which therefore travel at the Seller's risk and peril, except where the Customer engages a carrier of their own choice, independent of the Seller, in which case the transfer of risks shall occur upon handover of the ordered Products by the Seller to the Customer's chosen carrier.
Article 9 – Right of Withdrawal
In accordance with applicable statutory provisions, the Customer has a period of 14 (fourteen) days from receipt of the Products to exercise their right of withdrawal with the Seller, without having to provide reasons or pay any penalty, for the purposes of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 (fourteen) days following notification to the Seller of the Customer's decision to withdraw.
Damaged, soiled, or incomplete Products shall not be accepted for return. Likewise, in accordance with Article L 221-28 of the French Consumer Code, the Customer's right of withdrawal may not be exercised in respect of Products that have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
The right of withdrawal may be exercised online using the withdrawal form available on the website www.cinqmondes.com (Annex 1 to the General Terms and Conditions of Sale). The Customer must send the withdrawal form or any other unambiguous statement expressing the intention to withdraw via the contact form on the website www.cinqmondes.com. A durable acknowledgement of receipt shall be immediately communicated to the Customer by the Seller.
In the event of the right of withdrawal being exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery charges shall be reimbursed; return costs shall remain at the Customer's expense.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so as to enable them to be resold as new, accompanied by the purchase invoice, the delivery note, and the return form available on the website www.cinqmondes.com (Annex 2 to the General Terms and Conditions of Sale), addressed to:
RHENUS LOGISTICS France For the attention of Caroline DELAMARE 7 rue Chennevière, 76320 CAUDEBEC-LES-ELBEUF, France
It is specified that the return form is intended solely to facilitate the processing of Product returns by the Seller and is in no way intended to restrict the exercise of the Customer's right of withdrawal.
Accordingly, failure to enclose the duly completed return form available on the website www.cinqmondes.com (Annex 2 to the General Terms and Conditions of Sale) shall have no bearing on the validity of the withdrawal but may simply extend the processing and reimbursement timeframes. Only the return costs of the Product(s) shall remain at the Customer's expense. In accordance with Article L 221-23 of the French Consumer Code, the Customer may be held liable for any depreciation in the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Products.
Article 10 – General Reimbursement Conditions
The exercise of the right of withdrawal by the Customer in accordance with Article 9 of these General Terms and Conditions of Sale shall give rise to reimbursement by the Seller of all sums paid within a period of 14 days (10 days for online spa booking cancellations) from the date of effective exercise of the right of withdrawal.
Regarding the cancellation of an online booking, full reimbursement shall only be made if the cancellation occurs more than 24 hours before the scheduled treatment, in accordance with the procedures described in this article. In the event of cancellation less than 24 hours before the scheduled treatment, the price paid shall be retained by the Seller.
Reimbursement shall be effected in cash using the same payment method as that used by the Customer for the initial transaction, unless the Seller and the Customer expressly agree on a different method. Only the Customer shall be entitled to a reimbursement, and not the beneficiary of any Gift Vouchers or Gift Cheques.
The Seller reserves the right to withhold reimbursement until receipt of the Products or until the Customer provides proof of dispatch of the Product, whichever occurs first.
Article 11 – Seller's Liability – Warranty
The Products sold on the website www.cinqmondes.com comply with the regulations in force in France and have performance characteristics compatible with non-professional use. The Seller's liability shall not be engaged in the event of non-compliance with the legislation or regulations of the country in which the Product is to be delivered (except for Products delivered in France). It is the Customer's responsibility to check with the local authorities of the delivery country regarding the possibilities of importing or using the Products they intend to order.
The Products supplied by the Seller benefit, by operation of law and without any additional payment, independently of the right of withdrawal and in accordance with applicable statutory provisions, from:
- The statutory warranty of conformity, for Products that are apparently defective, damaged, or do not correspond to the order;
- The statutory warranty against hidden defects arising from a defect in the material, design, or manufacture affecting the delivered Products and rendering them unfit for use.
11-1. Statutory Warranty of Conformity
The Seller undertakes to deliver goods conforming to the contractual description and to the criteria set out in Articles L217-4 and L 217-5 of the French Consumer Code.
This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code, the limitation period commencing on the date the Customer becomes aware of the lack of conformity.
Conformity defects appearing within a period of 24 (twenty-four) months from delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.
Article L 217-8 of the French Consumer Code provides:
"In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing this, to a reduction in price or to rescission of the contract, under the conditions set out in this sub-section."
Given the nature of the Products, bringing them into conformity is "impossible" within the meaning of Article L 217-12 of the French Consumer Code. The Customer is therefore invited to contact the Customer Service Department via the contact form on the website www.cinqmondes.com in the event of a lack of conformity, to request replacement of the Product and to find out the return procedure.
The Customer may also demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the French Consumer Code.
Where the lack of conformity is so serious as to justify an immediate price reduction or rescission of the sale, the Customer is not required to first request replacement of the non-conforming Product.
The price reduction shall be proportionate to the difference between the value of the Product as delivered and the value of that product in the absence of the lack of conformity.
In the event of rescission of the sale, the Customer shall be reimbursed the price paid upon restitution of the non-conforming Products to the Seller, at the Seller's expense.
Reimbursement shall be made upon receipt of the non-conforming Product or proof of its return dispatch by the Customer and no later than 14 (fourteen) days thereafter, using the same payment method as that used by the Customer, unless expressly agreed otherwise and in any event without additional charges.
The foregoing provisions are without prejudice to any award of damages to the Customer in respect of the loss suffered as a result of the lack of conformity.
11-2. Statutory Warranty Against Hidden Defects
The Seller shall be liable for hidden defects under the statutory warranty against hidden defects arising from a defect in the material, design, or manufacture affecting the delivered Products and rendering them unfit for use.
The Customer may elect to invoke the warranty against hidden defects in the Products in accordance with Article 1641 of the French Civil Code, in which case they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
In such case, the Customer is invited to contact the Seller's Customer Service Department via the contact form on the website www.cinqmondes.com for guidance on the procedure to follow.
11-3. Exclusion of Warranties
The Seller's liability shall not be engaged in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered (except for Products delivered in France), which the Customer is responsible for verifying prior to placing their order;
- In the event of misuse, use for professional purposes, negligence, or failure to maintain the Products by the Customer, as well as in the event of normal wear and tear of the product, accident, or force majeure.
Article 12 – Reporting an Adverse Effect
For any query relating to a Product, or in the event of an adverse effect or incident arising from the use of the Product, the person concerned may contact the Seller's Vigilance Service by email at [email protected] or by post to: SNOW GROUP – Regulatory Affairs Department, Avenue du Général de Gaulle, 14200 Hérouville-Saint-Clair.
The data of the person concerned shall be processed by LABORATOIRES CINQ MONDES for the purposes of managing and monitoring statutory vigilance obligations. The information collected shall, in compliance with medical confidentiality requirements, be processed electronically and may be communicated to the relevant Competent Authority. The personal data recorded shall be used by authorised persons (Regulatory Affairs Department and/or Quality Department of the Seller and/or of any company within the group to which the Seller belongs). For further information regarding the processing of such data, the person concerned may consult the "vigilance information notice" available upon request.
Article 13 – Intellectual Property
The content of the website www.cinqmondes.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
Article 14 – Hardship
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the French Civil Code, the party that did not agree to bear the risk of excessively onerous performance may request renegotiation of the contract from its co-contracting party.
Article 15 – Force Majeure
The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described in these General Terms and Conditions of Sale results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
Article 16 – Applicable Law – Language
The General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law.
They are drafted in the French language. In the event of translation into one or more languages, only the French text shall be authoritative in the event of a dispute.
Article 17 – Disputes and Mediation
All disputes to which purchase and sale transactions concluded pursuant to the General Terms and Conditions of Sale may give rise, relating to their validity, interpretation, performance, termination, consequences, and follow-up, which have not been resolved between the Seller and the Customer, shall be submitted to the competent courts under the applicable rules of ordinary law.
The Customer declares that they have been previously informed by the Seller of the possibility of having recourse, free of charge in the event of a complaint, to a consumer mediation procedure.
Having addressed their complaint to the Customer Service Department at the coordinates indicated in Article 1 of the General Terms and Conditions of Sale, and in the absence of a satisfactory response, the Customer may submit any dispute with the Seller to the following mediator: FEVAD e-commerce Mediator, 60 rue de la Boétie, 75008 Paris – www.mediateurfevad.fr.
To submit a dispute to the mediator, the Customer may:
- Complete the form on the FEVAD MEDIATOR website; or
- Send their request by post to: Médiateur de la consommation FEVAD – BP 20015 – 75362 PARIS CEDEX 8.
The request must be accompanied by the following documents: the Customer's contact details, the order number and/or Customer number, the order date, the nature of the dispute, prior written steps taken with the Seller, solutions proposed by the Seller, and the Customer's expectations.
Furthermore, the Seller informs the Customer of the existence of the online dispute resolution platform established by the European Commission and the possibility of availing thereof in the event of a dispute in connection with this contract. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.
Article 18 – Pre-Contractual Information – Customer Acceptance
The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of the General Terms and Conditions of Sale, prior to their immediate purchase or placing of the order and in accordance with the provisions of Article L 221-5 of the French Consumer Code:
- Regarding the essential characteristics of the products, including in particular specifications, illustrations, and indications of dimensions or capacity enabling the Customer to make an informed purchase, notably as regards their conditions of use. The photographs and graphics presented are non-contractual and shall not engage the Seller's liability. The Customer is required to refer to the description of each Product in order to ascertain its essential properties and characteristics;
- Regarding the price of the Products and the application of a personalised price based on automated decision-making, as well as ancillary charges, or, in the absence of payment of a price, any benefit provided in lieu thereof or in addition thereto;
- Regarding the identity of the Seller and all of its contact details;
- Regarding the existence and terms of implementation of the warranties (the statutory warranty of conformity, the warranty against hidden defects) and, where applicable, after-sales service;
- Regarding the possibility of recourse to a consumer mediator under the conditions provided for by the Consumer Code;
- Regarding the right of withdrawal (existence, conditions, timeframe, procedures for exercising this right and standard withdrawal form), termination procedures, and other important contractual conditions, as well as, where applicable, the costs of using a distance communication technique, the existence of codes of conduct, and financial guarantees;
- Regarding the accepted means of payment.
The act of placing an order on the website www.cinqmondes.com by a Customer constitutes full and unreserved acceptance and adherence to the General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives in particular any right to rely upon any conflicting document that would be unenforceable against the Seller.
ANNEX 1 – Withdrawal Form
This form must be completed and sent only if the Customer wishes to withdraw from the order placed on the website www.deepnature.fr, except where exclusions or limitations to the exercise of the right of withdrawal apply under the applicable General Terms and Conditions of Sale.
"To the attention of LABORATOIRES CINQ MONDES – E-SHOP CINQ MONDES 44 avenue Georges Pompidou 92300 LEVALLOIS-PERRET France
I hereby notify you of my withdrawal from the contract relating to the order for the Products listed below:
Ordered on … / Received on … Order number: …………………………………………… Customer surname: ……………………………………… Customer address: ……………………………………… Description and quantities of returned Product references: ………
Customer signature (only where this withdrawal form is notified in hard copy):
Date:
ANNEX 2 – Return Form
RETURN FORM – ESHOP CINQ MONDES
Product order number: ……………………………………………………………………
Product order date: …………………………………………………………………………
Customer surname: …………………………………………………………………………
Customer first name: ………………………………………………………………………
Email address associated with the Customer's personal account: ……………………
Customer's postal address: ……………………………………………………………………
Telephone: ………………………………………………………………………………………
Please indicate the Product references (as shown on your order form) that you wish to return and specify the reason for return.
REASONS
1/ I am exercising my right of withdrawal within the statutory period of fourteen (14) days following receipt of the Product order.
2/ Products not conforming to the order.
3/ The parcel or Product was damaged during transport.
4/ Product defect.
5/ Reaction to the Product.
6/ Other (please specify): ……………………………………………………………………
