General Terms and Conditions of Sale of Products and General Terms of Use of the Site www.gmcollin.fr (the “Site”)

English translation – the French-language version governs in the event of any discrepancy.

Seller identification

Site publisher: Laboratoires Dermo-Cosmetik Inc.

Legal form: Joint-stock company (Société par actions)

Share capital: Not disclosed

Registered office: 68, rue Stinson, Saint-Laurent, QC, Canada, H4N 2E7

Registration number: 103 733 085

Intra-Community VAT number: FR 84103733085

E-mail address: support@gmcollin.com

Telephone: +1 514 735 7744

Return shipping address : 7 rue du Canal, 68126 Bennwihr, France.

EU Responsible Person: Ecomundo, EU – Champs-Élysées, Paris, France

In accordance with its legal obligations relating to Extended Producer Responsibility (EPR), our company is registered with an approved eco-organization for packaging and paper EPR. Our unique identification number is FR498159_01PYYV.

Preliminary article – Scope of the general terms and conditions of sale

These general terms and conditions of sale (the “Terms”) exclusively govern distance sales concluded between the Seller and any customer having the status of consumer or non-professional purchaser within the meaning of French law (individually referred to as “a Party” and collectively as the “Parties”) wishing to purchase the products offered for sale by the Seller (“Products”) on the Site. They set out, in particular, the terms applicable to ordering, payment, delivery, and the handling of any returns of Products ordered by Customers.

These Terms may be supplemented by specific conditions set out on the website prior to any transaction with the Customer.

These Terms apply to the exclusion of any other terms, in particular those applicable to in-store sales or to other distribution and marketing channels. These Terms are systematically provided to any Customer prior to placing an order and shall prevail, where applicable, over any other version or any conflicting document. They are accessible at any time on www.gmcollin.fr, and can be downloaded and printed on a durable medium prior to placing an order.

The Customer acknowledges having read these Terms and having accepted them before placing an order. Validation of the order by the Customer constitutes unreserved acceptance of these Terms. As these Terms may be amended from time to time, the version applicable to the Customer's purchase is the version in force on the website on the date the order is placed.

If you do not accept these Terms in full, you must not place an order for products on the Site. Placing an order on the Site implies full and unreserved acceptance of these Terms.

Article 1 – Products

The main characteristics of the Products, comprising all of the material information required by applicable regulations, in particular specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site in the product sheets and in the Seller's catalogue. The Customer must read this information before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.

Photographs and graphics presented on the Site are not contractually binding and shall not engage the Seller's liability. The Customer must refer to the description of each Product to be informed of its properties, essential characteristics and delivery times, 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 is confirmed no later than when the Customer validates the order.

Certain products may be available exclusively online on our Site. These Products may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.

The Products marketed are cosmetic products within the meaning of Regulation (EC) No 1223/2009. The essential characteristics of the Products are presented on the Site before ordering. It is the Customer's responsibility to review these characteristics before any purchase.

All product descriptions and all product prices may be changed at any time without prior notice, at our sole discretion, it being specified that the price applicable to the Customer is the price displayed on the Site at the time the order is validated. We reserve the right to discontinue the marketing of a Product at any time, without effect on orders already validated. Any Product offer presented on the Site is valid subject to availability and within the limits of the law.

Products must be used in accordance with their intended purpose and the precautions for use indicated on their packaging. The Seller recommends that persons with particular sensitivities or a history of allergies review the list of ingredients on the packaging before any use. This recommendation does not exclude or limit the statutory warranties or the Seller's liability where such liability applies under applicable regulations. In the event of known or severe allergies, it is recommended to seek medical advice before using the Products.

Article 2 – Orders

2-1. Placing an order

It is the Customer's responsibility to select on the Site the Products they wish to order. The Customer may verify the details of their order and its total price, and correct any errors, before confirming their acceptance. The Customer is responsible for checking the accuracy of the order and for reporting or correcting any error immediately.

An order is registered on the Site once the Customer accepts these Terms by ticking the box provided for that purpose and validates the order. This validation implies acceptance of these Terms in full, as well as of the Site's general terms of use.

The sale is final only once the Seller has sent the Customer confirmation of acceptance of the order by e-mail. Any order placed, validated by the Customer and confirmed by the Seller, under the terms and in the manner described above, 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 there is a dispute concerning payment for a prior order. The Customer may track the progress of their order on the Site.

In the event of an order for a Product that is out of stock, the Seller will contact the Customer and refund the price of the Product in full within three (3) to five (5) business days, depending on the payment method chosen by the Customer.

We reserve the right, without being obliged to do so, to limit sales of our Products to any person and in any geographic region or jurisdiction, where applicable on a case-by-case basis (for example where the delivery address provided cannot be serviced). We also reserve the right to limit the quantities of any product or service we offer.

The Seller does not intend to sell Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for more than twenty (20) identical items.

2-2. Amendment and acceptance of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order can no longer be amended.

Article 3 – Prices – Payment terms and conditions

Prices

Products are supplied at the prices in effect as shown on the Site when the order is registered by the Seller. Prices are expressed in Euros, inclusive of all taxes (VAT included), reflecting the VAT rate applicable on the date of the order. Prices take into account any discounts granted by the Seller on the Site. They are fixed and non-revisable during their period of validity, as indicated on the Site. Prices of our Products may be changed at any time outside of this period of validity; in that case, the new prices will apply to any new order.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced separately and are indicated before final validation of the order. If the Customer requests a faster or more expensive shipping method than standard shipping, the resulting additional charges, as calculated prior to validation of the order, are entirely borne by the Customer. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

The Seller offers standard shipping free of charge for orders with a value exceeding seventy-five (75) euros excluding tax, after any applicable promotions. This free standard shipping applies only to deliveries within mainland France (France métropolitaine). It does not apply to deliveries to French overseas departments, regions and collectivities (including Guadeloupe, Martinique, French Guiana, Réunion, Mayotte, Saint-Pierre-et-Miquelon, and the Pacific collectivities), for which specific delivery charges apply; these charges are disclosed to the Customer before the order is validated.

Payment terms and conditions

Any validated order gives rise to a payment obligation. The price is payable in full, in cash, on the date the order is placed by the Customer, by credit card: Visa, MasterCard, American Express and other credit cards.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In that case, the Customer may request cancellation of the payment and the return of the corresponding amounts.

Article 4 – Delivery – Transfer of ownership and transfer of risk

4.1 – Delivery terms and timeframes

In accordance with the provisions of Article L.216-4 of the French Consumer Code, delivery of the Products, meaning the transfer to the Customer of physical possession or control of the ordered Products, is accompanied by the instructions for use, installation instructions, and a written notice mentioning the possibility of raising reservations, as well as, where applicable, the commercial warranty.

Products ordered by the Customer will be delivered within mainland France within one (1) to three (3) business days from the date the order is shipped, in accordance with our current shipping and return policy — to which is added the processing and transit time indicated on the Product sheet — to the address provided by the Customer when placing the order on the Site.

If the Customer's order has already been shipped, the Seller may decline to accept a change of address. Where the Seller agrees to such a change, in accordance with our current return policy, the parcel will be re-shipped subject to payment of any additional delivery charges that may apply, which will be disclosed to the Customer before shipment.

Once your order has been collected by the carrier, you will receive your tracking number by e-mail. If you do not receive your tracking information, please contact us at support@gmcollin.com.

Except in special cases or where one or more Products are unavailable, ordered Products will be delivered in a single shipment. The timeframes indicated constitute delivery estimates, without prejudice to the rights available to the Customer under Articles L.216-1 et seq. of the French Consumer Code.

If the ordered Products have not been delivered within 14 days of the indicated delivery date, for any reason other than force majeure or the Customer's own act (for example: a parcel lost or stolen after the order was marked as delivered by the carrier, or an error in the delivery address provided by the Customer), the Customer may notify the Seller, under the conditions set out in Article L.216-6 of the French Consumer Code:

●        that payment of all or part of the price be suspended until the Seller performs its obligations, under the conditions set out in Articles 1219 and 1220 of the French Civil Code (exception for non-performance); or

●        that the sale be terminated, after having given the Seller formal notice to perform within a reasonable additional period which the Seller has failed to meet.

Termination may be immediate if the Seller refuses to perform, if it is clear that the Seller will not be able to deliver the Products, or if the delivery timeframe not met constituted, for the Customer, an essential condition of the sale. In the event of termination of the sale, the amounts paid by the Customer will be refunded no later than fourteen (14) days following the date the contract is terminated, excluding any compensation or deduction. The Seller bears the risks of transport and is required to compensate the Customer in the event of damage caused during transport.

4.2 – Transfer of ownership and transfer of risk

Ownership of the Products is transferred from the Seller to the Customer as soon as the order is accepted by the latter, evidencing the Parties' agreement on the goods and the price, regardless of the date of payment and delivery.

Regardless of the date of transfer of ownership of the Products, the transfer of risk of loss and damage relating thereto occurs only when the Customer takes physical possession of the Products, which therefore travel at the Seller's risk, except where the Customer uses a carrier that the Customer has chosen independently of the Seller, in which case the transfer of risk occurs when the ordered Products are handed over by the Seller to the carrier chosen by the Customer.

Article 5 – Return policy and right of withdrawal

5.1 – Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products to exercise their right of withdrawal, without having to give reasons or pay any penalty, for the purposes of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition, within fourteen (14) days of notifying the Seller of the decision to withdraw.

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.), allowing them to be put back on the market as new, and accompanied by the purchase invoice. Products that are damaged, soiled or incomplete will neither be accepted for return nor exchanged.

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to Products that have been unsealed after delivery and that 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 Site — in which case an acknowledgment of receipt on a durable medium will be immediately provided to the Customer by the Seller — or by any other unambiguous statement expressing the wish to withdraw.

Where the right of withdrawal is exercised within the period referred to above, only the price of the Product(s) purchased and the standard delivery charges are refunded; return shipping costs remain the Customer's responsibility. The refund is made within a maximum of fourteen (14) days from the date the Seller is informed of the Customer's decision to withdraw. However, in accordance with Article L.221-24 of the French Consumer Code, the Seller may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first.

5.2 – Voluntary return policy

The following return policy does not affect or limit the provisions relating to the right of withdrawal and the statutory warranties described elsewhere in these Terms.

If the Customer is not satisfied with the Products, they must contact customer service at support@gmcollin.com. This return policy is limited to thirty (30) days from the Seller's e-mail confirmation of acceptance of the order. After this period, the Seller will not issue any refund under this voluntary return policy.

Return conditions

All returns must be approved by the Seller. To be eligible for a return, the Product must not have been used, opened or altered in any way, including its packaging, and must be returned in the same condition in which it was received, in its original packaging.

Procedure

To request a return, the Customer must send an e-mail to support@gmcollin.com containing:

●        the receipt or order confirmation;

●        the order number;

●        a list of the Products to be returned;

●        the Customer's name and postal address;

●        the reason the item is being returned.

After verifying this information, the Seller will provide a return authorization number as well as instructions for shipping the package. The Customer is required to pack the parcel properly and to send the return shipment tracking number by e-mail to support@gmcollin.com.

The return shipping address is as follows: AXAL – E-LOGIK, 7 rue du Canal, 68126 Bennwihr, France.

Return shipping costs are entirely borne by the Customer. Once the Products have been returned and duly received by the Seller, an e-mail will be sent to the Customer informing them of the approval or refusal of the refund. Once the refund is approved, it will be processed and a credit will be applied using the payment method the Customer originally used to place the order.

Sale items

The Seller only refunds items that were not on sale or were sold outside of a sales period.

Damaged items

The Customer must inspect the condition of the Products upon receipt. In the event of a Product damaged in transit, the Customer must contact the Seller within forty-eight (48) hours of receiving the Product, at support@gmcollin.com. The request must be accompanied by the order number, the Customer's contact details (e-mail address and telephone number) and photographs evidencing the alleged damage. The Seller reserves the right to request any additional information or supporting documents necessary to process the claim.

Wrong item received

If the Customer receives a Product different from the one ordered, they must inform the Seller within forty-eight (48) hours of receiving the Product, at support@gmcollin.com. The claim must be accompanied by the order number as well as a photograph of the Product received. After verification, the Seller will inform the Customer of how the request will be handled.

Exchanges

The Seller does not offer a Product exchange service. Any request made by the Customer will be handled in accordance with the provisions relating to the right of withdrawal, the return policy, or the applicable warranties, as provided for by law or these Terms.

Article 6 – Seller liability – Warranties

6.1 – General provisions

The Products sold on the Site comply with the regulations in force in France and have performance characteristics compatible with non-professional use.

The Products supplied by the Seller benefit, as a matter of right and at no additional cost, independently of the right of withdrawal, and in accordance with the applicable legal provisions, from:

●        the statutory warranty of conformity, for Products that are apparently defective, damaged or that do not match the order; and

●        the statutory warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.

The consumer benefits from the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code, as well as the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. The statutory warranty of conformity allows the consumer to obtain repair or replacement of the non-conforming product under the conditions set out by law. The warranty against hidden defects allows the consumer to choose between rescission of the sale or a price reduction, in accordance with the applicable legal provisions.

The Seller cannot be held liable for any defect in the Products resulting from physical damage caused by mishandling during or after shipment, misuse, negligence or inappropriate use.

6.2 – Statutory warranty of conformity

The Seller undertakes to deliver goods that conform to the contractual description and to the criteria set out in Article L.217-5 of the French Consumer Code. The Seller is liable for defects of conformity existing at the time the Products are delivered and which appear within two years of that delivery. This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code, the limitation period beginning to run on the date the Customer becomes aware of the defect of conformity.

Defects of conformity appearing within twenty-four months (or twelve months in the case of second-hand goods) of delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.

In the event of a defect of conformity, the Customer may require that the delivered Products be brought into conformity through repair or replacement, or, failing that, a price reduction or rescission of the sale, under the legal conditions. The Customer may also suspend payment of all or part of the price until the Seller has fulfilled its obligations under the statutory warranty of conformity, under the conditions set out in Articles 1219 and 1220 of the French Civil Code.

It is for the Customer to request that the Seller bring the Products into conformity, choosing between repair and replacement. Conformity must be achieved within a period not exceeding thirty days from the Customer's request, and includes, where applicable, the removal and collection of the Product as well as the installation of the repaired or replacement Product.

Any Product brought into conformity under the statutory warranty of conformity benefits from a six-month extension of that warranty. Where the non-conforming Product is replaced because, despite the Customer's choice, conformity was not achieved by the Seller, the replacement gives rise, in the Customer's favor, to a new statutory warranty of conformity period from the date the replacement Product is delivered.

If the requested conformity remedy is impossible or entails disproportionate costs within the meaning of Article L.217-12 of the French Consumer Code, the Seller may refuse it. If the conditions of that article are not met, the Customer may, after giving formal notice, pursue specific performance of the remedy originally requested, in accordance with Articles 1221 et seq. of the French Civil Code.

Lastly, the Customer may require a price reduction or rescission of the sale (unless the defect of conformity is minor) in the cases provided for in Article L.217-14 of the French Consumer Code. Where the defect 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 repair or replacement of the non-conforming Product. The price reduction is proportionate to the difference between the value of the Product as delivered and the value that Product would have had absent the defect of conformity.

In the event of rescission of the sale, the Customer is refunded the price paid against return of the non-conforming Products to the Seller, at the Seller's expense. The refund is made upon receipt of the non-conforming Product or of proof that it has been returned, and no later than fourteen days thereafter, using the same payment method used for the purchase, unless the Customer expressly agrees otherwise, and in any event at no additional cost.

The foregoing provisions are without prejudice to any damages that may be awarded to the Customer in respect of harm suffered as a result of the defect of conformity.

6.3 – Statutory warranty against hidden defects

The Seller is liable for hidden defects under the statutory warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use. The Customer may choose to invoke this warranty in accordance with Article 1641 of the French Civil Code; the Customer may then choose between rescission of the sale or a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.

6.4 – Exclusion of warranties

The Seller's liability shall not be engaged in the following cases:

●        failure to comply with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to verify before placing an order; and

●        misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, normal wear of the Product, accident, or force majeure.

 

 

Article 7 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed by the Seller, in a clear and comprehensible manner, by means of these Terms being made available prior to the purchase or the placing of the order, and in accordance with Article L.221-5 of the French Consumer Code:

●        of the essential characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, enabling the Customer to purchase the Products with full knowledge of the facts, in particular as regards their conditions of use. Photographs and graphics presented are not contractually binding and shall not engage the Seller's liability; the Customer must refer to the description of each Product to be informed of its essential properties and characteristics;

●        of the price of the Products and any additional charges;

●        of the payment, delivery and performance terms of the sales contract;

●        in the absence of immediate performance of the sale, of the timeframes for delivery of the ordered Products;

●        of the Seller's identity and full contact details;

●        of the existence and terms of implementation of the warranties (statutory warranty of conformity, warranty against hidden defects, any commercial warranties) and, where applicable, of after-sales service;

●        of the possibility of using a consumer mediator, whose contact details appear in these Terms, under the conditions provided for in the French Consumer Code;

●        of the right of withdrawal (existence, conditions, timeframe, and procedures for exercising this right, and the standard withdrawal form), the termination procedures, the handling of complaints and other important contractual terms, and, where applicable, the costs of using the distance communication technique, the existence of codes of conduct, and financial guarantees and bonds; and

●        of the accepted payment methods.

The fact that a Customer places an order on the Site constitutes adherence to, and full and unreserved acceptance of, these Terms, and creates an obligation to pay for the Products ordered, as expressly acknowledged by the Customer, who waives, in particular, any reliance on any conflicting document that would not be binding on the Seller.

Article 8 – Common provisions

Force majeure

Neither Party may be held liable if the non-performance or delay in performance of any of its obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

Severability

If any provision of these Terms is held to be void, unlawful, unenforceable or deemed unwritten pursuant to a statutory or regulatory provision, or as a result of a final court decision, that provision shall be deemed severable from these Terms, without affecting the validity and enforceability of the other provisions, which shall remain fully applicable.

Protection of personal data

The Customer's personal data is collected and processed by the Seller for the purposes of managing orders, the customer relationship, invoicing, payments, deliveries and, more generally, the performance of these Terms. This data may be shared with the Seller's service providers and partners involved in processing, payment, shipping or delivery of orders, strictly to the extent necessary for them to carry out their tasks.

Personal data is processed in accordance with the French Data Protection Act of 6 January 1978 (as amended by Act No. 2018-493 of 20 June 2018) and Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (the “GDPR”). The procedures for collecting and processing personal data, as well as the rights available to the Customer over their personal data (access, rectification, erasure, restriction, objection, portability, and the ability to give instructions regarding the fate of their data after death) and how to exercise these rights, are described in the Privacy Policy available on the Site.

Governing law

These Terms are governed by and construed in accordance with French law, without prejudice to any mandatory consumer-protection provisions that may apply in the consumer's country of habitual residence. Where the Customer resides in another Member State of the European Union, the Customer also benefits from the mandatory protective provisions of the law of their country of residence.

Dispute resolution – Mediation

In the event of any difficulty relating to an order or to the Products, the Customer is invited to first contact customer service at support@gmcollin.com to seek an amicable solution.

In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Customer is informed that they may have free recourse to a consumer mediator, to the Consumer Mediation Commission, to existing sector-specific mediation bodies, or to any other alternative dispute resolution method (such as conciliation) in the event of a dispute.

Failing an amicable agreement or recourse to mediation, any dispute relating to the formation, interpretation or performance of these Terms shall be brought before the competent French courts under ordinary law rules of jurisdiction.

Customer service

For any question relating to these Terms and the Site's Terms of Use, our customer service can be reached:

●        by e-mail at: support@gmcollin.com; or

●        by telephone at: +1 514 735 7744.