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General conditions of sale

Terms of Sales

KLINGLER BROTHERS
TERMS OF SALES

ARTICLE 1 – PURPOSE AND SCOPE

These general terms and conditions of sale (hereinafter “GTC”) apply to all sales made by KLINGLER BROTHERS for products (hereinafter “Product”) offered on the website https://skinshift.fr (Hereafter “Site”) to consumer customers with the legal capacity to contact (Hereafter “Client”). Acceptance of the GCS is materialized by a checkbox when ordering. The contract concluded with KLINGLER BROTHERS consists solely of the GCS and the special conditions mentioned in the summary of the order (hereinafter "the Contract"). Any contrary condition of the Customer will therefore, in the absence of express acceptance, be unenforceable against KLINGLER BROTHERS , whenever it may have been brought to its attention.

ARTICLE 2 - IDENTITY OF THE SELLER - CUSTOMER SERVICE

The Site is operated by the company KLINGLER BROTHERS , SARL with share capital of €5,000, registered with the RCS of BOURG-EN-BRESSE under number 884 938 671 and whose intra-community VAT number is: FR36 884 938 671. Its registered office is located: 85 rue de la Cime - 01150 LEYMENT. The sales department of KLINGLER BROTHERS can be contacted for any questions or information:

➢ By e-mail to the following address: info@skinshift.fr

ARTICLE 3 – PRE-CONTRACTUAL INFORMATION

3.1 – Description of the Products

The essential characteristics of the Products are presented to the Customer on the Site. However, the Customer has the possibility of asking questions about the characteristics of a Product by sending a request by email to the following address: info@skinshift.fr .

Unless expressly stated otherwise on the Site, all Products sold by KLINGLER BROTHERS are new and comply with the European legislation in force and the standards applicable in France.

The responsibility of KLINGLER BROTHERS cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered. It is up to the Customer to check with the local authorities of the country of delivery of the Products the possibilities of importing or using the Products that he plans to order.

KLINGLER BROTHERS cannot guarantee that the information on the packaging of the Products is translated into the language of the country of delivery. However, this information is available at least in French or English.

The photos presented in each product sheet by KLINGLER BROTHERS are not contractual. Some details may differ and the photos shown are for visual and illustrative purposes only.

3.2 – Warning

The Customer alone determines the choice of Products ordered and their use. Given the technical nature of certain Products, the Customer must be careful to strictly comply with the technical requirements and the manufacturer's safety instructions for the installation and use of the Products, which may, depending on the case, require having the necessary skills and/or to call upon the services of a professional.

3.3 – Product Availability

The Product offers are valid as long as they are announced on the Site and within the limits of the stocks available from the supplier(s) of the KLINGLER BROTHERS .

In case of unavailability of a Product, KLINGLER BROTHERS informs the Customer and can either cancel the order or offer him a later delivery date. The Customer will, where applicable, be reimbursed for the sums he has paid for the canceled order no later than thirty days from the date of cancellation of the order.

ARTICLE 4 – CREATION OF A PERSONAL ACCOUNT

To place an order on the Site, the Customer can first create a Personal Account (hereinafter "Personal Account"), but he can also order without creating a personal account.

4.1 – Creation procedure: To create a Personal Account, the Customer must go to the Site and complete the mandatory fields of the registration form. Each Client can only create one profile for his personal account.

4.2. – Management of identifiers: The identifiers, login and password, allowing access to the Personal Account are chosen by the Customer taking into account the availability taking into account the identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Customer under his responsibility. In the event of loss or theft of his identifiers or any unauthorized use of his Personal Account, it is up to the Customer to follow the procedure on the Site so that new identifiers are created.

4.3 – Activation of the Personal Account: By validating the creation of his Personal Account, the Customer:

- Acknowledges having been able to verify and modify, if necessary, the information provided therein;

- Guarantees to have provided exact, up-to-date and complete information concerning his identity as well as his contact details.

4.4 – Updating the Personal Account: The Customer undertakes to regularly update all of his personal information in his Personal Account in order to preserve their accuracy.

ARTICLE 5 – PRICES

5.1 – Product Prices: The Products are sold at the prices in effect on the Site at the time the order is placed. In all cases, prices are expressed in euros, all taxes included. Unless otherwise indicated on the Site or these GCS, the prices do not include any shipping and transport costs, which are invoiced in addition. The prices of any eco-contributions are indicated clearly, distinctly and in accordance with the legislation in force in the Product sheets. Eco-contributions are subject to VAT.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically passed on to the price of the Products. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the Products.

5.2 - Delivery costs: The amount of the delivery costs is calculated according to the weight and size of the Products delivered as well as the place of delivery and/or the delivery methods chosen by the Customer. The amount of the delivery costs is indicated to the Customer prior to any validation of his order. It is expressed in euros all taxes included. For certain geographical areas, it is possible that KLINGLER BROTHERS contacts the customer after his order to invoice him for additional shipping costs. If the client refuses, KLINGLER BROTHERS will refund the customer's order in full.

ARTICLE 6 – PROMOTIONAL CODES

The promotional codes issued by KLINGLER BROTHERS (Hereafter “Promotional Codes”) are for promotional purposes only. The Promotional Codes must be used on the Site and expire on the date appearing in the conditions communicated with the Promotional Code or after its termination decided by KLINGLER BROTHERS. Promotional Codes may be subject to additional terms communicated with the Promotional Code. Promotional Codes cannot be used on any other website operated by KLINGLER BROTHERS , its subsidiaries or any other legal or private person, unless the T&Cs or the conditions communicated with the Promotional Code provide for it. It is not possible to use Promotional Codes for certain products. In this case, the Promotional Code will simply not be applied to the product in question at the end of the order.

Promotional Codes may not be resold, transferred, redeemed for cash or used on any other account KLINGLER BROTHERS , unless required by law. Promotional Codes not used on an account KLINGLER BROTHERS cannot be transferred to another account KLINGLER BROTHERS .

ARTICLE 7 – ORDER

The ordering and order validation process includes several stages during which the Customer, after selecting the Product(s) ordered, must validate a detailed summary of the order. By validating the order, the Customer expressly declares to accept the GCS without restriction or reservation.

After validation of the order by the Customer, KLINGLER BROTHERS confirm this by e-mail. In case of unavailability of a Product, KLINGLER BROTHERS informs the Customer of this and can either cancel the order. Otherwise, KLINGLER BROTHERS reserves the right to refuse or cancel any order or delivery in the event of:

• Existing dispute with the Customer,

• Total or partial non-payment of a previous order by the Customer,

• Refusal to authorize payment by bank card from banking organisations,

• Non-payment or partial payment.

The Customer will, where applicable, be reimbursed for the sums he has paid for the canceled order no later than thirty days from the date of cancellation of the order.

ARTICLE 8 – PAYMENT CONDITIONS

8.1 – Method of payment: The Customer pays for his purchases either by credit card, or by Paypal, or by Bancontact, or by gift card.

Regarding payment by credit card:

The bank cards accepted are mentioned on the Site. The transmission of the Customer's personal information and banking data is fully secured by the 3D secure system for the transmission of payment data, ensuring a high level of security for transactions. This information is only accessible to our partner STRIPE or ALMA for payment in instalments, so that it can get in touch with the Customer's bank. At no moment, KLINGLER BROTHERS , or any other third party, cannot access the Customer's bank details.

Regarding payment by Alma :

The Client performs his Transaction on Alma's payment interface, where additional information to that already provided to KLINGLER BROTHERS may be requested from it with the aim of reducing the risk of fraud and non-payment to which KLINGLER BROTHERS is exposed. This additional information may in particular take the form of a request to consult the Customer's personal bank account. This consultation will aim to establish the probity of said Client, via a secure application approved by the ACPR.

The Customer materializes his request for access to the payment facility by clicking on the button "Pay in several installments" (or "Pay in 2 installments", "Pay in 3 installments", "Pay in 4 installments") or "Pay later” (or “Pay in 15 days” or “Pay in 30 days”) of the Service Provider. If necessary, the Customer may be asked to affix his signature.

KLINGLER BROTHERS materializes its agreement for this payment facility by the message "Payment accepted" or "Accepted". The Customer's order is then validated and the payment facility takes effect immediately.

Regarding payment by Paypal:

By choosing payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the Paypal payment has been validated, the Customer can complete his order. Regarding payment by Bancontact

By choosing payment via Bancontact:

The Customer will be automatically directed to a Bancontact interface and can choose to pay for his order either through the Bancontact application by scanning a QR code, or by using his Bancontact card.

Regarding payment by gift card:

The Customer can pay for his order, in whole or in part, by means of a gift card purchased on the Site.

This is valid without time limit. It is associated with a balance, which can be spent on more than one order.

If the amount of the order is less than the balance of the gift card, the Customer may use the rest of the balance for another order using the same code. If the balance available on the gift card is less than the total amount of the order, the Customer is invited to choose a second method of payment for the balance due before placing the order.

8.2 – Invoicing: An invoice is issued by KLINGLER BROTHERS and sent to the Customer by email. It will also be available on his Personal Account.

ARTICLE 9 – DELIVERY OF PRODUCTS

9.1 – Place of delivery: The Products ordered by the Customer will be delivered to the address and according to the methods provided for when ordering. When the order is shipped, a shipping confirmation email is sent to the Customer. The accepted delivery destinations are mentioned on the Site.

9.2 – Delivery time: The delivery time is mentioned to the Customer as exactly as possible before the validation of the order. However, this may change depending on the availability of the Products from the supplier of the KLINGLER BROTHERS . In the absence of any indication as to the delivery date, the Product will be delivered no later than thirty days after the order.

9.3 – Late delivery: In the event of a delay in delivery, the Customer must report this delay within 8 days to the customer service of KLINGLER BROTHERS , by e-mail addressed to info@skinshift.fr . If applicable, KLINGLER BROTHERS will then approach the delivery service so that an investigation can be carried out.

In the event of late delivery or, failing that, no later than thirty days after the order, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after to have asked KLINGLER BROTHERS to deliver the Product within a reasonable additional period, the latter has not been executed within this period. The contract is considered resolved upon receipt by KLINGLER BROTHERS of the letter or writing informing him of this resolution, unless KLINGLER BROTHERS has not been executed in the meantime. If the Contract is terminated, KLINGLER BROTHERS will reimburse the Customer for all sums paid within fourteen days of the date on which the Contract was terminated.

9.4 – Reception: Upon receipt of the Product(s) ordered, the Customer must verify the conformity of this(these) Product(s). Any anomaly concerning the delivery (Missing or broken product, damaged package, etc.) must imperatively be notified at the latest within 3 working days after receipt to the carrier and to Customer Service by e-mail: info@skinshift.fr . These reservations must be sufficiently precise and complete to establish the existence and extent of the damage.

ARTICLE 10 – RIGHT OF WITHDRAWAL

10.1 – Exercise of the right of withdrawal: the Customer being a consumer, he has the right to withdraw from the Contract without giving any reason within fourteen days provided that the Product is intact, in the original state. It must not have been used. The withdrawal period expires fourteen days after the day:

- Either where the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s);

- Either where the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the last Product in the event that several Products have been ordered by the Customer by means of a single order and if these Products are delivered separately .

To exercise the right of withdrawal, the Customer must notify Company KLINGLER BROTHERS – 85 rue de la Cime - 01150 LEYMENT or by e-mail: info@skinshift.fr - his decision to withdraw from the Contract by means of an unambiguous statement (for example, letter sent by post or e-mail). The Customer may use the model withdrawal form attached in Appendix 1 to the GCS but this is not mandatory. For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

10.2 – Exclusion of the right of withdrawal: In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised, in particular for contracts:

- Supply of goods made to customer specifications or clearly personalized.

- Supplies of goods in destocking or on sale.

10.3 – Effects of withdrawal: In the event of withdrawal from the Contract by the Customer, the latter must return or return the Product(s), to KLINGLER BROTHERS without undue delay and, in any event, no later than fourteen days after the Customer has communicated his decision to withdraw from the Contract. This deadline is deemed to have been met if the Customer returns the Product(s) before the expiry of the fourteen-day period. The Customer must bear the direct costs of returning the Product(s).

KLINGLER BROTHERS will refund all payments received from the Customer, except for delivery charges. KLINGLER BROTHERS will refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly accepts the use of a different means; in any event, this refund will not incur any costs for the Customer. The responsibility of the Customer is engaged in the event of depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature and characteristics of the Product(s).

ARTICLE 11 – RETENTION OF OWNERSHIP

The Product(s) ordered remain(s) the property of KLINGLER BROTHERS until full payment of the price by KLINGLER BROTHERS . In the event of a payment incident, undertakes to return to KLINGLER BROTHERS the Product(s) received from the first request. On the other hand, on the effective date of taking possession of the Product(s), the risks (in particular of loss, theft or deterioration) concerning the Product(s) delivered are assumed by the Customer.

ARTICLE 12 – WARRANTY

The Customer is informed that the Products sold by KLINGLER BROTHERS are likely, subject to compliance with the conditions provided for by the legal texts, to benefit from the legal guarantee of conformity (articles L 217-4 to L.217-13 of the Consumer Code) and the guarantee against hidden defects ( articles 1641 to 1649 of the Civil Code).

In accordance with article L211-2 of the Consumer Code, the Customer is informed that when acting as a legal guarantee of conformity, he:

- Benefits from a period of two years from the delivery of the property to act;

- Can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code;

Is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted. The Customer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

Exclusion: the Customer is informed that no warranty applies when the defect is due to improper installation or use of the Product, use for professional purposes, normal wear and tear or negligence or lack of maintenance. from the Customer.

Article L217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code: The property complies with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lesser price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ARTICLE 13 – LIABILITY

KLINGLER BROTHERS cannot be held responsible in the event of non-compliance with the instructions for the installation, use and maintenance of the Products. Furthermore, given the intrinsic characteristics of the Internet, KLINGLER BROTHERS cannot be held responsible for service interruptions due to the characteristics and limits of the Internet network, in particular in the case of interruption of access networks, technical performance and response times for consulting, querying, downloading or transferring the information contained on the site. KLINGLER BROTHERS is in no way responsible for interruptions of Site services related to technical or other difficulties.

In a general way, KLINGLER BROTHERS is not liable when the poor performance or non-performance of the obligations resulting from the sale is attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party to the contract, or to a case of force majeure.

In the event that the responsibility of KLINGLER BROTHERS would be engaged, it is expressly agreed that it would only be liable for compensation for the direct damage of which the Customer will provide proof within the meaning of the new article 1231-4 of the Civil Code. KLINGLER BROTHERS further assumes no commitment or responsibility, in any form whatsoever, with regard to: ➢ The consequences in the event of failure of a Customer's computer equipment and/or networks (computer, telephone, etc.); ➢ The consequences in the event of interruption or failure of the Internet network and/or Internet access services; ➢ Improper installation or use, use for professional purposes, normal wear and tear, negligence or lack of maintenance on the part of the Customer. ARTICLE 14 – FORCE MAJEURE

None of the Parties can be held liable for the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the Civil Code (here - after the "Force Majeure"). The Party that suffers the Force Majeure must notify the occurrence thereof without delay to the other Party. In the event of the occurrence of Force Majeure, if the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in the new articles 1351 and 1351-1 of the Civil Code.

ARTICLE 15 – PERSONAL DATA

Your personal data is processed in accordance with our privacy policy accessible here.

ARTICLE 16 – OPPOSITION TO TELEPHONE SOLICITATION

If the Customer's telephone number is collected when creating his account or placing his order, the latter is informed that his telephone details will only be used for the proper execution of his orders or to contact him. to offer new services.

Without prejudice to the foregoing, in accordance with Articles L223-1 and L223-2 of the Consumer Code, the Customer is also informed that there is a list of opposition to "Bloctel" cold calling on which it is possible to s register online at the following address: https://conso.bloctel.fr.

ARTICLE 17 – INTELLECTUAL PROPERTY – PROTECTION OF DATABASES

All elements of the Site, whether visual or audio, including the underlying technology, as well as the Products are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of KLINGLER BROTHERS or its content providers. Any reproduction, representation or reuse, in whole or in part, on any medium is prohibited. Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the counterfeiter. The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must request prior written authorization from KLINGLER BROTHERS , without this authorization being considered an implicit affiliation agreement. In all cases, any link must be removed on simple request from KLINGLER BROTHERS .

It is forbidden to systematically extract and/or reuse parts of the content of the website of KLINGLER BROTHERS without his prior written permission. In particular, it is forbidden to use a data vacuum robot, or any other similar tool for collecting or extracting data to extract (in one or more times), to reuse a substantial part of the website of KLINGLER BROTHERS without his prior written permission. It is forbidden to create and/or publish own databases which include substantial parts (e.g. prices and product lists) of the website of KLINGLER BROTHERS without his prior written permission.

ARTICLE 18 – PARTIAL NON-VALIDITY

If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

ARTICLE 19 – MODIFICATION OF THE SITE OR THE CONDITIONS OF SALE

KLINGLER BROTHERS reserves the right to make changes to its Site, procedures and Terms of Sale at any time. Each Customer is subject to the procedures and Conditions of Sale in force at the time he orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in this case, this modification may apply to orders previous ones he made).

ARTICLE 20 – CONVENTION OF PROOF

In addition to the legal provisions recognizing the probative value of electronic writing, the Customer acknowledges the validity and probative force of e-mails, SMS, and notifications and digital recordings made by KLINGLER BROTHERS .

ARTICLE 21 – COMPLAINTS

Any complaint can be addressed to KLINGLER BROTHERS :

• Either by registered letter with acknowledgment of receipt to the following address: 85 rue de la Cime - 01150 LEYMENT

• Either by e-mail to the following address: info@skinshift.fr

ARTICLE 22 – MEDIATION

When the Customer is a consumer, he may, in accordance with Article L.111-1 of the Consumer Code, in the event of a dispute arising from this agreement, have recourse to a consumer mediator: Name: SAS Mediation Solution Address: 222, chemin de la Bergerie – 01800 SAINT JEAN DE NIOST E-mail: contact@sasmediationsolution-conso.fr

Website: https://www.sasmediationsolution-conso.fr

In addition, and in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers. and professionals from the European Union. This platform is accessible at the following link:

https://webgate.ec.europa.eu/odr/

ARTICLE 23 – APPLICABLE LAW - DISPUTE

The T&Cs are subject to French law. In case of translation, the French version prevails. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN KLINGLER BROTHERS AND THE CUSTOMER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE UNDER THE EXCLUSIVE JURISDICTION OF THE COMPETENT FRENCH COURTS IN APPLICATION OF THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.