Last updated: [22.01.2025]

By using aesthyskin.com, you agree to be bound by these General Terms and Conditions of Sale (GTC), including  (Payment & refund terms   /Privacy policy / Terms of service / Shipping policy / Terms of sale / Legal notice)

AesthySkin, SAS

Head office: 8 bis rue Abel, 75012 Paris, France

Registered with the Paris RCS under number 828 701 557

Tel: +33(0) 6 45 22 72 67

Email: contact@aesthyskin.com

1. GENERAL INFORMATION

Preamble

AesthySkin SAS (hereinafter "the Seller") is a company whose business is the distribution and sale of beauty and cosmetic products (hereinafter the "Products") via the websites (online stores)  (hereinafter collectively referred to as the "Site", "Sites" or "Website" or "Websites") and direct ordering to professionals (via distributor or reseller networks) (hereinafter collectively the "Customers"), and in France and abroad. The Seller holds exclusive rights to the aesthyskin.com, including all associated usage rights.

The General Terms and Conditions of Sale (hereinafter "GTC"), (including the documents mentioned therein) define the terms and conditions of purchase or acquisition (hereinafter the "Terms") of Products. These Terms apply exclusively to the online sale  and direct ordering of Products and Services offered by the Seller on the Sites, accessible to all Internet users (hereinafter "User" or collectively "Users") established in France or in a Member State of the European Union.

The GTC apply exclusively to contracts for Seller's Products concluded with Customers and/or Users. They form, together with any Order (hereinafter the "Order"), the only contractual documents binding on the parties. Any other document than these GTC, including catalogs, brochures, or photographs of the Products, advertisements or instructions, have only an informative value and have no contractual value. Any reproduction, even partial, is subject to the prior authorization of the Seller.

These GTC, as well as all contractual information appearing on the Sites, are available in English. These GTC are governed by French law and the French standards in force. It is brought to the attention of the Customer and/or User that these GTC are subject to modification. The Seller reserves the right to modify the GTC at any time, without prior notification, by publishing a new version on the Sites. These modifications will nevertheless not apply to reservations and Orders previously accepted and confirmed by the Customer. Customer and/or User is responsible for consulting the GTC each time they access, browse or use the Sites, as the GTC in force at the time of the request to purchase Products will be applicable.

When a Customer places an Order on the Sites, or by Order Form and this Order is validated by its confirmation, the Customer adheres to the GTC in force. The Customer acknowledges having read these GTC, having understood them and accepted them with full knowledge of the facts on the day of the Order. In addition to these GTC, access to these Sites, browsing or use assumes that the Customer and/or User has previously taken cognizance of the Legal Notice, the Cookie Policy and the Privacy and Data Protection Policy. If the Customer and/or User does not accept these Terms, they are requested not to use these Sites. The preservation and reproduction of the GTC are ensured by the Seller in accordance with article 1127-2 of the Civil Code.

If a contractual clause is found to be null and void, this does not entail the cancellation of all of the GTC. The fact that the Seller is unable to temporarily or definitively apply one or more clauses of the GTC does not mean that it waives the application of the other clauses, which remain valid and produce their effects.

2. TERMS OF USE

To use the Sites and purchase Products, the Customer and/or User must be legal business entities or professionals legally authorized to conduct business transactions in their jurisdiction. For individual representatives acting on behalf of a business entity, they must have proper authorization to make purchases and enter into business agreements. Individual Customer and/or User must be of legal age in their jurisdiction.  

The Seller's Products and Services are intended solely for lawful purposes. The Customer and/or User agrees to use the Sites lawfully and to avoid any inappropriate activity. Additionally, the Customer and/or User agrees not to use the Products and Services in a manner that violates any laws or regulations in effect in their jurisdiction (including copyright laws). Finally, by using the Sites, the Customer and/or User agrees to:

·      Respect the copyrights and intellectual property rights of the Sites' owners (this includes all aspects of the service, such as its design, features, or content). Do not copy, distribute, or sell content that belongs to the Seller or third parties without authorization.

·      Not sell or exploit the Service: The Customer and/or User may not use the Service for commercial purposes without the Seller's authorization.

·      Not share access: Access to the Service is reserved for the personal use of the Customer and/or User only.

·      Protect account information and prevent hacking or unauthorized access to other Users' accounts.

·      Not engage in any deceptive or fraudulent activity on the Sites.

·      Comply with all applicable laws and regulations when using the Sites.

·      Avoid posting any content that could be considered offensive, discriminatory, or disturbing to others.

·      Use the content of the Sites responsibly, do not use it for personal or professional purposes without the Seller's authorization.

·      Do not transmit any harmful code (e.g., viruses) that could damage the Sites or other Users' devices.

The Seller reserves the right, in its sole discretion, to limit, suspend, or terminate access to the Sites and/or Services if it believes, in good faith, that a Customer and/or User's use violates these Terms of Use or any applicable law. In addition, the Seller reserves the right to exercise all legal remedies available to it to prevent any unauthorized access to the Sites, including seeking an injunction.

3. PRODUCTS

The Seller reserves the right to modify, at any time and without notice, the range of Products and Services available for sale on its Websites or Order Forms. This modification will not affect Orders previously placed by the Customer.

The Products offered for sale on the Seller's Websites or Order Forms are governed by these GTC are subject to detailed and precise descriptions, in accordance with the provisions of Article L. 111-1 of the Consumer Code. These descriptions include, in particular, the essential characteristics of the Product, such as its composition, volumes, performance, and terms of use. Despite the care taken in preparing these descriptions, errors or omissions may have occurred. In this case, the Seller cannot be held responsible. The photographs illustrating the Products do not constitute a contractual document and cannot be considered an exact representation of the Product.

The Websites offer for sale a selection of care Products intended exclusively for business entities. The Seller declines all responsibility for any damage resulting from misuse of the Products or failure to comply with the safety instructions communicated to consumers.

The reconditioning of Products purchased on the Sites is strictly prohibited without the prior written authorization of the Seller.

4. PRODUCT CONFORMITY

The Seller undertakes to provide the Customer with Products that comply with the essential characteristics described on the Websites and the Order placed. The Products meet the legal requirements in terms of safety, public health, fairness of commercial transactions, and consumer protection in force at the time of their marketing. They also comply with the provisions of French law applicable on the date of their marketing.

The Customer is entitled to assert the legal guarantee of conformity provided for by the Consumer Code, which grants them specific rights in case of non-conformity of the Product.

5. LIMITATION OF LIABILITY

The Customer and/or User is expressly informed that the Seller acts as a simple seller (distributor) of the Products offered on its Websites and Order Forms and cannot, therefore, be held responsible for any defects affecting the said Products. The responsibility for defects of conformity and hidden defects lies exclusively with the laboratories or manufacturers of the Products.

The Products benefit from a contractual guarantee against any material or manufacturing defect, granted by the laboratories or manufacturers. Interventions carried out under this guarantee will not have the effect of extending the duration of the initial contractual guarantee. The presentation of the warranty certificate issued by the manufacturer is required for any request for intervention under the warranty.

As part of the contractual warranty, the Seller's sole obligation is to replace or repair the product free of charge. Any product for which a warranty claim is made must first be submitted to the manufacturer's after-sales service. The manufacturer is solely responsible for deciding whether the Product or the component can be repaired or needs to be replaced. Its prior approval is required for any replacement intervention. Any shipping costs related to the return of the Product to the manufacturer and its reshipment to the Customer are the sole responsibility of the Customer.

The Seller expressly declines all liability for indirect, incidental, special or consequential damages, such as, without limitation, loss of business, loss of profit or opportunity, which may result from the purchase of Products on the Sites.

The contractual warranty does not cover defects and deterioration caused by normal wear and tear, an external accident (incorrect assembly, faulty maintenance, abnormal use, etc.), or a modification of the product that does not comply with the manufacturer's specifications.

The Customer and/or User expressly acknowledges that the Seller's liability is limited to an obligation of means in the performance of its services.

6. AVAILABILITY

The Products offered on the Sites are offered and delivered within the limits of available stocks. The Seller cannot be held responsible for the unavailability of a product or the delay in delivery in case of force majeure, as defined by French case law.

In the event of unavailability of one or more Products ordered, after the Order has been placed due to supply difficulties or stock shortage, the Seller will inform the Customer by email as soon as possible. The Seller will offer the Customer a Product of equivalent quality and price to replace the unavailable Product. The Customer may accept this proposal or request a refund for the Product. In case of refusal by the Customer of the replacement proposal, the Seller will refund the sums paid for the unavailable Product within 5 working days from the notification of the unavailability.

In the event of the unavailability of an ordered Product and the refund of the price of the product, the Seller is not obliged to pay any cancellation indemnity, nor to pay any damages, except in case of non-performance of the contract that is personally attributable to it.

7. PRICE

The selling price of the Product corresponds to the price in effect on the date the Order is placed by the Customer. In accordance with the provisions of Article L. 112-1 of the Consumer Code, the selling prices of each product appearing on the Sites and Order Forms are indicated in Euros, on EXW Incoterms 2020 terms , VAT taxes excluded. The Seller is entitled to modify its prices at any time. Nevertheless, the price applicable to an Order is the one in effect on the day the said Order is placed by the Customer. In the event of a promotion by prices, the Seller undertakes to apply the promotional price to any Order placed during the advertising period of the promotion concerned.

The Seller undertakes to invoice the Products ordered at the prices in effect at the time of validation of the Order by the Customer. The total amount payable by the Customer is clearly indicated on the Order confirmation and proforma invoice.

8. SPECIAL OFFERS, PROMOTIONS, AND PROMOTIONAL CODES

Special offers, promotions, or promotional codes offered on the Sites  or / and Order Forms are only intended for Customers residing in metropolitan France or in a member country of the European Union.       

Offers offered on the Sites remain valid during the indicated periods. In the absence of a specific duration mentioned, as long as the Products appear on the Sites and within the limits of available stocks. Unless otherwise stated, promotions do not apply to already discounted Products. Promotional codes cannot be combined with other promotions, offers, or discounts. Promotional codes offering a percentage discount cannot be combined with each other or refunded. The acceptance of the offer by the Customer is validated by the confirmation of the Order.

9. ORDER

Once the Order Form has been filled with the Products and the desired quantities, the Customer can finalize their Order by sending it for the validation to the Seller.

Before proceeding to payment, the Customer has the possibility to check the details of their Order and its total price, stipulated in the proforma invoice as well as to correct any errors or modify their Order.

Confirmation of the Order and payment entail acceptance of the GTC and form the contract.

In accordance with Article R. 212-4 of the Consumer Code, the Seller may make changes to the ordered product related to its technical evolution. These adaptations have no impact on the essential functionalities of the product or its conformity to the Customer's Order.

The Seller retains ownership of the ordered Products until full payment of their price. The Customer acquires ownership of the Products only after full payment. The Seller sends the Customer, as soon as possible, an email with final invoice confirming receipt of the Order and payment. In the event of non-payment, the Customer undertakes to return to the Seller, upon the first request made by the latter, the Products they have received.

The transfer of risks of loss, theft, or deterioration of the Products to the Customer occurs upon the Products are made available for the carrier at the Seller's premises. From this moment on, the Customer assumes full responsibility for the Products.

 The Seller has the right to refuse, modify, or cancel any Order placed for legitimate reasons, notably in the event of unavailability of the ordered Products. In order to ensure a fair distribution of the Products, the Seller may, at its sole discretion, limit the quantity of Products that can be ordered under the same customer account or using the same billing or delivery address.

In the event of cancellation of the Order by the Seller after payment, a full refund of the amount paid will be automatically made to the original payment method. The Customer acknowledges that it is their responsibility to monitor the chosen payment method for any updates or transactions related to their Order.

More information on the refund terms and conditions is available in the Refund policy.

10. PAYMENT

The total price of the Order is due in full upon confirmation of the Order. All Orders must be paid in Euros. Payment is required immediately after Order confirmation. Customers can choose from a variety of secure payment methods, including major credit and debit cards or the PayPal payment system, or banking transfer at no additional cost.  

The Customer expressly warrants to the Seller that they have full authorization to use the chosen payment system to pay for their Order. They also declare that these payment methods legally give them access to sufficient funds to cover all the costs resulting from their Order. The Seller declines all responsibility in case of fraudulent use of the payment method used by the Customer. It is up to the Customer to take all necessary measures to protect the security of their banking information and their account.

The Seller reserves the right to suspend or cancel any Order or delivery, whatever its nature and state of progress, in the event of non-payment by the Customer of any sum due or in the event of a payment incident. In case of non-payment after a period of ten days following the due date of payment or from the notification of the refusal of bank payment for any other payment method, penalties of an amount equivalent to the legal interest rate increased by five points will be automatically applied to the unpaid sums. In addition, the delivery of a new Order may be suspended in case of late payment of a previous Order. The Customer is responsible for saving and printing their payment certificate if they wish to keep the banking information linked to their transaction.

11. DELIVERY

Priory delivery, the Product passes from the possession of the Seller to the Customer (if full payment of the price has been received, the Customer then becomes the legal owner of the Product). If payment is not received at the time of the Order, delivery will be suspended until full payment is received.

Validated Orders are processed by the Seller as soon as they are received, from Monday to Friday, excluding public holidays under normal conditions, and shipped within 24 working hours following confirmation of the Order. However, the shipping time may vary depending on the availability of stock.

Packages come from France, deliveries to some countries outside the Schengen area (for example Switzerland, Canada) may incur customs duties, VAT or other taxes, these costs are the responsibility of the Customer. For a delivery address located in EU, there will be no customs duties to pay.

12. COMPLAINTS

Any delivery discrepancy must be reported to the Seller within 14 days of receipt of the Order. Similarly, any problem concerning a Product must be reported within 48 hours of receipt of the Order. Requests submitted after these deadlines may be subject to limitations.

13. RETURN AND RIGHT OF WITHDRAWAL

In accordance with the provisions of article L121-16-1 of the French Consumer Code extends the rules applicable to relations between consumers and professionals to contracts concluded off-premises between two professionals, provided that the subject matter of these contracts does not fall within the scope of the main business activity of the professional solicited and that the number of employees employed by the latter is five or fewer.  

The right of withdrawal between professionals is applicable only when the following three conditions are met:

• The contract must be concluded off-premises;  

• The subject matter of the contract must not fall within the scope of the main business activity of the company;

• The company must have five or fewer employees.

We have a 14 (fourteen)  day return policy, meaning you have 14 (fourteen)  days after receiving your order to request a return of all or certain products.

To be eligible for a return:  products must be: in the same condition you received them. This includes being new, unopened, and in original packaging. Packaging must be undamaged. Due to hygiene reasons, we cannot accept returns for products that have been opened or used. We reserve the right to verify this upon return. Additionally, you'll need your receipt or proof of purchase for the return to be processed.

Without these conditions cumulatively met, the products will not be accepted for a refund or return.

14. INTELLECTUAL PROPERTY

All content published and made available on the Sites, including but not limited to images, texts, logos, documents, downloadable files and any other element contributing to the design and functionalities of the Sites (collectively, the "Content") is the exclusive property of the Seller and its licensors. The Content is protected by copyright, trademark and other intellectual property laws in force in France and internationally.

15. CONFIDENTIALITY

The Seller undertakes to protect consumer data and to process it in accordance with the Privacy policy.

16.  DISPUTE RESOLUTION

The Seller declines all responsibility for damage caused by non-compliant use of its Products.

In the event of a dispute, the Customer must contact the Seller's customer service by email at contact@aesthyskin.com in order to try to resolve it amicably.

17. APPLICABLE LAW

These GTCs are governed by French law.

18. SECURITY AND LIMITATION OF WARRANTY

The Seller undertakes to offer an optimal, smooth and secure browsing experience. The website is hosted on a dedicated server, guaranteeing comprehensive protection of the Customer's and/or User's confidential data during each interaction. When sensitive information, such as bank or personal details, is transmitted, it is protected by the SSL (Secure Socket Layer) data encryption system. This protocol guarantees end-to-end encryption, preventing any interception or unauthorized disclosure of your data.

It is strictly forbidden for the Customer and/or the User:

To decompile, analyze or attempt to understand the source code of the computer programs that operate the Sites and its services.

To sublicense or transmit these computer programs to third parties in any way whatsoever.

To translate or create derivative works from these computer programs.

The Customer and/or User of the Sites must also refrain from any action aimed at:

Removing, altering, bypassing or manipulating the protective devices put in place on the Sites.

Compromising the security of the systems that ensure the operation of the Sites and the services they offer.

The Seller declines all responsibility for any damage suffered by Customers and/or Users in case of use of browsers or browser versions not compatible with these Sites. In particular, but not limited to, it cannot guarantee that:

The Sites are free from data-crushing programs, viruses, Trojan horses or other malware

The information contained on the Sites is reliable, exhaustive and up-to-date

It is possible that the Sites may contain technical inaccuracies or other defects. The Seller cannot be held responsible for any damage they may cause and does not guarantee the correction of these defects. The Sites and their contents are provided "as is" and "as available". This means that the Seller does not provide any warranty as to the quality, performance or suitability of the Sites for any particular purpose. The Seller expressly excludes any warranty of any kind, express or implied, including, but not limited to, the implied warranties of conformity, fitness for a particular purpose, freedom from infringement and freedom from hidden defects.

The User and/or Customer expressly acknowledges and agrees that the use of the Sites is at their own risk and peril. The Seller cannot be held responsible for any direct, indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profit, loss of use, loss of data or interruption of business, resulting from the use or inability to use the Sites, even if the Seller has been informed of the possibility of such damages.

In normal times, the Services of the Sites are accessible 24 hours a day, 7 days a week, all year round. However, it may happen that the Sites are unavailable for technical, maintenance or force majeure reasons.

The Seller, subject to an obligation of means, makes every effort to ensure the continuity of the Services and to limit interruptions as much as possible. Nevertheless, no guarantee can be given as to the permanent availability of the Sites and Services.

In case of unavailability of the Sites, the Customer and/or the User will not be able to claim any damage and will not be able to claim any compensation. The Seller will not be held responsible for any physical, material or moral damage caused by the unavailability of the Sites.

19.  FORCE MAJEURE

Force majeure events or unforeseen events are those that:

Are beyond the control of the parties: They do not depend on the will of the contracting parties.

Are unforeseeable: They could not reasonably have been foreseen by the parties at the time of the conclusion of the contract.

Are unavoidable: The parties could not reasonably have avoided or overcome them, even by using all possible efforts.

Make it impossible to perform obligations: They totally prevent the parties from fulfilling their contractual obligations.

The following events are considered to be cases of force majeure or unforeseen events, which release the Seller from its obligation to deliver within the initially planned deadlines (this list is not exhaustive. Other events may also be considered to be cases of force majeure or unforeseen events, depending on the specific circumstances):

Natural disasters: Earthquakes, floods, fires, hurricanes, etc.

Strikes: Total or partial strikes by the Seller's staff, its usual carriers or partners

Wars or civil unrest: Armed conflicts, riots, revolutions, etc.

Epidemics or pandemics: Propagation of infectious diseases on a large scale.

Acts of public authorities: Prohibitions, embargoes, requisitions, etc.

Unforeseen technical failures: Power cuts, network outages, production stoppages due to accidental breakdowns, etc.

Supply disruptions: Inability to obtain raw materials, epidemics, thawing barriers, roadblocks, strikes or energy supply disruptions, or supply disruptions for a cause not attributable to our company, as well as any other cause of supply disruption attributable to our suppliers.

In other words, if one of these events occurs, the Seller will not be responsible for the delay in order proceed and delivery. The Seller will be released from its obligation to prepare the order within the initially planned deadlines.

In the event of the occurrence of a force majeure event or unforeseen event, the Seller will proceed as follows:

Notification to the Customer in writing, within 48 working hours following the occurrence of the event. This notification may be sent by email.

Automatic suspension of the contract linking the Seller and the Customer will be automatically suspended, without any compensation or indemnity. The suspension will take effect on the date of occurrence of the event.

If the force majeure event or unforeseen event lasts for more than 60 days from its occurrence, either party may terminate the sales contract. This termination must be carried out by the most diligent party, i.e. the first to act.

In the event of termination of the contract for reasons of force majeure or unforeseen event, neither party may claim damages. The amount of the Order will be refunded by the Seller.

20. ENTIRE AGREEMENT

These Terms and Conditions and any documents expressly referenced therein constitute the entire agreement between the User/Customer and the Seller regarding the subject matter of the sale and supersede all prior or contemporaneous agreements, arrangements, or promises, whether oral or written, entered into between the parties.

The User/Customer and the Seller declare that they have entered into this contract without relying on any representations or promises made by the other party, except those expressly stated in these Terms and Conditions.