Terms and conditions

These conditions are concluded between:

SIMKHA BEAUTY PRODUCTS society

Hereinafter referred to as SIMKHA AND persons wishing to make a purchase via the SIMKHA website http://simkhabiocosmetiques.ca Hereinafter referred to as THE CUSTOMER.

 

The parties agree that these general conditions of sale exclusively govern their relationship.

 

ARTICLE 1: OBJECT

These conditions are intended to define the terms of sale between SIMKHA and THE CUSTOMER.

The parties agree that these general conditions of sale exclusively govern their relationship.

ARTICLE 2 – ORDER

THE CUSTOMER registers his order online from the online catalog.

The order can only be registered on the site if THE CUSTOMER has clearly identified himself by entering his client account identifier and password which are strictly personal to him.

Any loss or oversight must be reported to SIMKHA services promptly by contacting Customer Service by filling out the contact form from the site;

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.

THE CUSTOMER has the possibility of modifying their basket before final validation, this last step formalizing the sales contract between SIMKHA and THE CUSTOMER. The SIMKHA company undertakes to honor orders received on the website only within the limits of available stocks of products. If the product is not available, SIMKHA undertakes to inform THE CUSTOMER.

In some cases, including default of payment, wrong address or other problem with the Client’s account, SIMKHA reserves the right to block the Client’s order until the problem is resolved.

SIMKHA also reserves the right to cancel an order, to terminate it and not to process it in the event of an error in the sale price or in the photo of the product displayed online.

ARTICLE 3 – DELIVERY

Packages can be shipped to Canada, the United States, Europe and any other country covered by the shipping services. In the latter case, THE CUSTOMER must refer to the delivery section to learn about the shipping terms and costs.

Orders in Canada are delivered via Post Canada or Purolator services. International orders are delivered via FedEx or UPS or Post Canada services.

The delivery time is taken into account from the delivery of your package to the Shipping Service.

SIMKHA cannot be held responsible for lost or stolen packages or for delays due to Post Canada and other shipping services.

ARTICLE 4 – PAYMENT TERMS

THE CUSTOMER has the choice of the payment method to pay for his purchases:

– On-line when ordering by bank card:

THE CUSTOMER can pay for his order by Visa Card, Mastercard or via Paypal.

– By bank transfer or check

In case of products out of stock, the debit will be made only the amount of products actually sent.

ARTICLE 5 – PRICES

Prices are quoted in Canadian dollars excluding taxes.

These prices do not include a fixed contribution to the processing costs (shipping, packaging and packaging of the package according to the amounts in force).

The prices indicated on the site are guaranteed for the duration of online publication and while stocks last.

ARTICLE 6 – RIGHT OF WITHDRAWAL, RETURN, EXCHANGES

THE CUSTOMER has a period of seven clear days from the delivery of his order to return the item delivered for exchange or refund, at the choice of the buyer, without penalties with the exception of return costs.

All items can be exchanged or reimbursed except in particular those whose original packaging has been removed, damaged, altered, etc.

The request for an exchange by THE CUSTOMER must take place within 15 days from the date of receipt or withdrawal of the package. The product can only be exchanged for another product of equivalent or higher value. If the new order is for a higher amount, THE CUSTOMER must attach the payment of the balance to the exchange request.

ARTICLE 7 – GUARANTEES

Any operation between SIMKHA and THE CLIENTS, not contested within 6 months, cannot give rise to a complaint.

 

ARTICLE 8 – RESPONSIBILITIES

In all cases, the online supply of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of articles 1316 to 1316-3 of the Civil Code and will be worth due of the sums committed by entering the articles appearing on the order form.

This validation constitutes signature and express acceptance of all the operations carried out on the site. However, in the event of fraudulent use of his bank card, THE CUSTOMER is invited, as soon as this use is observed, to contact ETHIC CREATION customer service by calling 02 40 42 09 06 (Cost of a local call or the following address: info@ethic-creation.com.

8.1 – LIABILITY

The SIMKHA company has for all stages of order taking as well as for the stages subsequent to the conclusion of the contract an obligation of result.

SIMKHA therefore undertakes to describe with the greatest accuracy the products sold on its website. However, SIMKHA cannot be held liable if the non-performance of its obligations is due either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure. Likewise, SIMKHA cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an outside intrusion or the presence of computer viruses. SIMKHA also reserves the right to cancel an order or a transaction following an error on its part and cannot be held responsible for any error in the information displayed on the site.

8.2 – PERSONAL DATA

SIMKHA reserves the right to collect data on THE CLIENT, in particular by the use of cookies. The collection of data by SIMKHA, the data controller, is necessary to take into account the Client’s requests.

By indicating to SIMKHA, their e-mail LE CLIENT may receive an order confirmation. Depending on the choice made when creating or consulting their account, THE CUSTOMER may receive offers from SIMKHA by email.

It is the responsibility of SIMKHA to ensure that the personal data at its disposal are correct and up to date and that is why, THE CUSTOMER has the right to access, modify and delete information which concern him. The CUSTOMER can modify his personal details and click on the unsubscribe link to the newsletter to no longer receive promotional offers.

 

ARTICLE 9 – INTELLECTUAL PROPERTY

All elements of the SIMKHA site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.

Thus, none of the documents from the SIMKHA site can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for personal use and only for non-commercial purposes, provided that the information is not changed and that the copyrights and other proprietary notices are kept intact. Modifying these documents or using them for another purpose constitutes an infringement of SIMKHA’s intellectual property rights.

THE CUSTOMER who has a personal website and who wishes to place, for personal use, on his site a simple link directly referring to the “homepage” of the SIMKHA website, must obligatorily request authorization from the company Simkha.

On the other hand, any hypertext link referring to the SIMKHA site and using the technique of “framing” or “in-line linking” is strictly prohibited.

Dans tous les cas, tout lien, devra être retiré sur simple demande de la société SIMKHA.

The brands, logos, designs and models appearing on this site are the exclusive property of SIMKHA; Their disclosure can in no way be interpreted as granting a license or any right to use said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of being prosecuted for counterfeiting.

ARTICLE 10 – ENTIRETY

In the event that one of the clauses of this contract is null and void by a change in legislation, regulations or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.

In addition, these general conditions of sale may be modified according to the evolution of French positive law.

ARTICLE 11 – DURATION

These conditions apply throughout the duration of online services offered by the company SIMKHA.

ARTICLE 12 – PROOF – CONSERVATION AND ARCHIVING OF TRANSACTIONS

The computerized registers, kept in the computer systems of SIMKHA and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy.

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