Terms and Conditions

Welcome to our online store. These terms and conditions apply to all purchases made on our website. By accessing or using this website, you agree to be bound by these terms and conditions. 

The Seller reserves the right to make changes to the GTC at any time without notice, and it is the Buyer’s responsibility to read them before placing an order. Any amended terms will take effect from their date of publication on the Site.

 

1. Definitions

The definitions listed below apply to the GTC:

  • Order: any order for Products placed by a Buyer on the Site.
  • Contract: the contract concluded between the Seller and the Buyer for the sale of Products on the Site; it includes the GTC, the return policy as it appears on the Site, and the Order.
  • Delivery Location: the place where the Products will be delivered under the Contract; it is provided by the Buyer at the time of the Order.
  • Price: the price payable by the Buyer for the Products, as displayed on the Site at the time of the Order.
  • Product: any product for sale on the Site under the Brand.

2. Applicable GTC 

2.1 The Contract will be governed by the GTC, to the exclusion of all other terms and conditions.

2.2 Unless otherwise provided in the GTC, all other terms, warranties, and representations (whether oral or written) are not part of the Contract between the Buyer and the Seller, except for warranties granted to the Buyer under legal and regulatory provisions. The GTC take precedence over all previous promises, statements, and commitments, whether explicit or implied, provided that only the GTC in force at the date of the Order will apply within the Contract thus concluded.

2.3 The cookie policy and privacy policy are an integral part of the GTC.

3. Order Process

3.1 Products can be ordered on the Site, accessible in French.

3.2 The Order process, as specified on the Site, includes several steps:

  • selection of Products (or creation of a “cart”),
  • validation of the cart,
  • provision by the Buyer of contact details (email address and phone number) and delivery information (delivery address),
  • choice of payment method (cf. article 5),
  • acceptance of the GTC and presentation of the privacy policy,
  • payment of the Price of the Product(s) and any delivery charges (click on the “PLACE ORDER” tab).

3.3 The Seller processes the Order once the payment is accepted; an order confirmation will then be displayed on the Site and also sent by email to the Buyer, at the address provided at the time of the Order. At the time of shipment of the Order, the Buyer will receive a new email with a tracking number allowing them to track the status of their Order at any time.

4. Price

4.1 The Price is displayed in euros, including all taxes, but does not include delivery charges.

4.2 The Prices indicated and, in general, the offer of Products on the Site remain valid as long as they are displayed and may be changed at any time before the Order. The online selling prices of Products on the Site are those in effect at the time of the Order by the Buyer.

5. Payment

5.1 The Price and any delivery charges will be due and payable upon placing the Order.

5.2 Single Payment

5.2.1 Payment for purchases on the Site will be made by credit card (Visa or Mastercard). The Seller will transmit the debit authorization request to the Buyer’s payment center once their payment is validated.

The amount will be debited from the Buyer’s bank account within a time frame depending on the practices of their bank. If the payment center refuses to grant the requested debit authorization, the Order will be automatically canceled.

5.2.2 All refunds will be made electronically, and the corresponding amounts will be credited to the same card used for payment.

6. Delivery

6.1 Delivery of the Products will take place at the Delivery Location provided at the time of the Order. It is the Buyer’s responsibility to ensure that the address of the Delivery Location is accurate; the Seller’s liability cannot be engaged in case of inaccuracy.

6.2 Delivery is ensured in mainland France (including Corsica), in the DOM-TOM, and in Monaco, as well as in Belgium and Luxembourg.

6.3 The Seller will make its best efforts to deliver the Products, subject to their availability, within the following time frames:

  • eight (8) working days from the date of payment for mainland France, Monaco, Belgium, and Luxembourg;
  • thirty (30) working days from the date of payment for the DOM-TOM. For any returned, refused, or undelivered Order in the DOM-TOM, return costs will be charged to the Buyer.

6.4 Order preparation and shipment may be delayed during peak periods such as “Black Friday” or end-of-year holidays.

7. Warranties

7.1 Commercial Warranty

Electrical Products purchased on the Site are covered by a commercial warranty of two years from the date of purchase, covering any manufacturing or workmanship defects, except for Electrical Products:

  • Whose serial or identification numbers have been erased, damaged, or modified.

To enforce this warranty, the Purchaser must complete the contact form available on the Site and return the relevant Electrical Product according to the return policy stipulated on the Site, accompanied by a copy of the original purchase invoice. This invoice is necessary for the Purchaser to benefit from the warranty.

The Seller will replace any Electrical Product sent in compliance with the GTC and covered by the warranty with an identical or equivalent product. The commercial warranty for the new product will also be two years from the date of replacement.

Given the quality and technology of its Products, the Seller does not offer repairs or spare parts.

During the warranty period, the Seller covers the costs related to the return of the Electrical Product with a prepaid return label, available at the end of the return process on the Site.

Other Products purchased on the Site are covered by a commercial warranty of six months from the date of purchase, covering any manufacturing defects. The conditions for enforcing this warranty are the same as those indicated in the previous paragraph.

In addition to the cases mentioned in the first paragraph of this article, the commercial warranty does not cover damages resulting from normal wear and tear or damages caused by the Purchaser (non-compliant use, drops, poor maintenance, abnormal wear of the cord or the device, etc.).

7.2 Legal Warranties

The provisions of Article 7.1 do not deprive the Purchaser of their rights as provided by applicable laws, including Articles L.217-3 and following of the Consumer Code, regarding the warranty of conformity, and Articles 1641 and following of the Civil Code, regarding the warranty against hidden defects (partially reproduced below). These warranties apply to all Products.

Article L.217-3 of the Consumer Code:

“The seller delivers a good in conformity with the contract as well as with the criteria set out in Article L. 217-5.

They are responsible for defects of conformity existing at the time of delivery of the good under the conditions of Article L. 216-1, which appear within a period of two years from the delivery.

(…)

The seller is also responsible, within the same periods, for conformity defects resulting from packaging, assembly instructions, or installation when these have been charged to them by the contract or have been carried out under their responsibility, or when incorrect installation carried out by the consumer as per the contract is due to deficiencies or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point of the consumer’s action limitation period is the day they become aware of the conformity defect.”

Article L.217-4 of the Consumer Code:

“The good conforms to the contract if it meets, where applicable, the following criteria:

  1. It corresponds to the description, type, quantity, and quality, particularly in terms of functionality, compatibility, interoperability, or any other characteristic provided in the contract;
  2. It is fit for any special use sought by the consumer, brought to the seller’s attention no later than at the time of the contract conclusion and accepted by the latter;
  3. It is delivered with all accessories and installation instructions, in compliance with the contract;
  4. It is updated in accordance with the contract.”

Article L.217-5 of the Consumer Code:

“I. – In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:

  1. It is fit for the usual use expected of a similar good, considering, if applicable, any provisions of European Union law and national law as well as all applicable technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector;
  2. If applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the contract conclusion;
  3. If applicable, the digital elements it contains are provided according to the most recent version available at the time of the contract conclusion, unless the parties agree otherwise;
  4. If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
  5. If applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with Article L. 217-19;
  6. It corresponds to the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and security, that the consumer can legitimately expect for goods of the same type, given the nature of the good as well as the public statements made by the seller, by any person in the previous stages of the transaction chain, or by a person acting on their behalf, including in advertising or labeling.

However, the seller is not bound by all the public statements mentioned above if they demonstrate:

  1. That they did not know and were not legitimately in a position to know them;
  2. That at the time of the contract conclusion, the public statements had been rectified in conditions comparable to the initial statements; or
  3. That the public statements could not have influenced the purchase decision.”

Article L.217-8 of the Consumer Code:

“In the event of a conformity defect, the consumer has the right to have the good brought into conformity by repair or replacement or, failing that, to a price reduction or the contract termination, under the conditions set out in this subsection.

The consumer also has the right to suspend the payment of all or part of the price or the delivery of the benefit provided in the contract until the seller has fulfilled their obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the allocation of damages.”

Article L.217-9 of the Consumer Code:

“The consumer is entitled to demand the conformity of the good to the criteria set out in subsection 1 of this section.

The consumer requests the seller to bring the good into conformity by choosing between repair and replacement. For this purpose, the consumer makes the good available to the seller.”

Article L.217-10 of the Consumer Code:

“The conformity of the good takes place within a reasonable time that cannot exceed thirty days following the consumer’s request and without major inconvenience to them, considering the nature of the good and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, if applicable, the removal and return of the good and the installation of the repaired or replacement good by the seller.

A decree specifies the methods of bringing the good into conformity.”

Article L.217-11 of the Consumer Code:

“The conformity of the good takes place without any cost to the consumer.

The consumer is not required to pay for the normal use they have made of the replaced good before its replacement.”

Article L.217-12 of the Consumer Code:

“The seller may not proceed according to the choice made by the consumer if the requested conformity is impossible or entails disproportionate costs considering in particular:

  1. The value the good would have in the absence of the conformity defect;
  2. The importance of the conformity defect; and
  3. The possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the good into conformity if this is impossible or entails disproportionate costs, in particular considering 1 and 2.

When these conditions are not met, the consumer may, after a formal notice, pursue the specific performance of the initially requested solution, under Articles 1221 and following of the Civil Code.

Any refusal by the seller to proceed according to the consumer’s choice or to bring the good into conformity must be justified in writing or on a durable medium.”

Article L.217-13 of the Consumer Code:

“Any good repaired under the legal warranty of conformity benefits from an extension of this warranty by six months.

As soon as the consumer chooses repair but this is not carried out by the seller, the conformity of the good by replacement triggers a new legal warranty period of conformity attached to the replaced good, benefiting the consumer. This provision applies from the day the replacement good is delivered to the consumer.”

Article L.217-14 of the Consumer Code:

“The consumer is entitled to a price reduction or the contract termination in the following cases:

  1. When the professional refuses any conformity;
  2. When the conformity occurs beyond a period of thirty days following the consumer’s request or if it causes major inconvenience to them;
  3. If the consumer ultimately bears the costs of returning or removing the non-conforming good, or if they bear the installation costs of the repaired or replacement good or related costs;
  4. When the good’s non-conformity persists despite the seller’s unsuccessful attempt to bring it into conformity.

The consumer also has the right to a price reduction or the contract termination when the conformity defect is so severe that it justifies immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the good beforehand.

The consumer is not entitled to terminate the sale if the conformity defect is minor, which the seller must demonstrate. This paragraph does not apply to contracts where the consumer does not make a payment.”

Article 1641 of the Civil Code:

“The seller is bound by the warranty against hidden defects in the item sold that make it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if they had known about them.”

Article 1642 of the Civil Code:

“The seller is not bound by apparent defects of which the buyer could convince themselves.”

Article 1643 of the Civil Code:

“They are bound by hidden defects, even if they were unaware of them, unless in this case, they have stipulated that they will not be bound by any warranty.”

Article 1644 of the Civil Code:

“In the cases mentioned in Articles 1641 and 1643, the buyer has the choice of returning the item and getting a refund, or keeping the item and getting a partial refund.”

Article 1645 of the Civil Code:

“If the seller knew about the defects in the item, they are bound, in addition to refunding the price they received, to pay all damages and interests to the buyer.”

Article 1646 of the Civil Code:

“If the seller was unaware of the defects in the item, they are only bound to refund the price and reimburse the buyer for the costs incurred by the sale.”

Article 1647 of the Civil Code:

“If the item with defects has perished due to its poor quality, the loss is borne by the seller, who is bound to refund the price and other compensations explained in the preceding two articles.

But if the loss occurred by chance, it will be borne by the buyer.”

Article 1648 of the Civil Code:

“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

In the case provided by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller can be released from apparent defects or lack of conformity.”

Article 1649 of the Civil Code:

“It does not apply to sales made by judicial authority.”

8. Right of Withdrawal

8.1 The Buyer has a period of thirty (30) days from the receipt of the Products to exercise their right of withdrawal, via the withdrawal form available on the Site, without having to justify any reasons or pay any penalties. Only the delivery costs related to the sending and return of the Product(s) will remain at their charge.

8.2 The Seller will refund the Buyer the full Price of the Product(s) concerned no later than thirty (30) days from the date on which they are informed of the consumer’s decision to withdraw. The Seller may defer the refund until the Products have been recovered or until the Buyer has provided proof of the shipment of these Products, whichever date is earlier.

8.3 To process their request, the Buyer must return the Product(s) concerned by following the procedures stipulated in the “Returns” then “Right of Withdrawal” section of the Site, accessible by clicking on THIS LINK.

8.4 In accordance with Article L.221-23 of the Consumer Code, Products subject to a return must be shipped without undue delay and at the latest within thirty (30) days following the communication of the decision to withdraw.

8.5 The Products must be in their original condition, complete (packaging, accessories, instructions, etc.), unused, and protected for transport (reusing the protective elements present in the package is possible). In accordance with Article L.221-28 5° of the Consumer Code, goods that have been unsealed after delivery and can no longer be returned, particularly for hygiene reasons, may not be eligible for the right of withdrawal.

9. Dispute Resolution

In case of a dispute regarding an order, the Buyer must first submit a request to the Seller’s customer service, the contact details of which are mentioned in Article 12 below. The customer service can be contacted by email or by phone.

If this request does not result in a satisfactory outcome, and in accordance with Articles L.612-1 and following of the Consumer Code, the Buyer has the right to resort to a consumer mediator for the amicable resolution of the dispute, free of charge.

In accordance with the provisions of Title I of Book VI of the Consumer Code, the Seller has designated the Centre de Médiation et d’Arbitrage de Paris (CMAP) as the consumer mediator, an association under the 1901 Law, whose registered office is located at 39 avenue Franklin D. Roosevelt, 75008 Paris, France.

The CMAP can be approached by the consumer for a mediation request, notably via the online form available on the website WWW.CMAP.FR/CONSOMMATEURS.

It is recalled that the dispute cannot be examined by the mediator when:

  • The Buyer cannot prove that they have attempted to resolve their dispute directly with the Seller through a written complaint as provided above;
  • The request is manifestly unfounded or abusive;
  • The dispute has previously been examined or is currently being examined by another mediator or by a court;
  • The Buyer has submitted their request to the mediator more than one year after their written complaint to the Seller;
  • The dispute does not fall within the mediator’s scope of competence;
  • The Buyer is informed by the mediator, within three weeks of receiving their file, of the rejection of their mediation request.

10. Various Provisions

10.1 If any provision of the Contract or the General Terms and Conditions (GTC) is considered by a competent court to be invalid, illegal, or unenforceable, it shall be deemed separate from the other provisions of the Contract and/or the GTC, and the remaining provisions shall remain in force as if the Contract had been executed and the invalid, illegal, or unenforceable provision had been removed.

10.2 Any failure or delay by the Seller to assert even partially their rights or to exercise a remedy under the Contract shall not be deemed a waiver of their rights arising from the Contract and shall not prevent them from reaffirming said rights and exercising said remedies subsequently.

10.3 Any notification or other communication under the GTC shall be made in writing, by registered mail, fax, or email, to the registered office of the Seller and to the Buyer’s address, as communicated during the Order process or any exchanges between the Seller and the Buyer, or any other address that may, at any time, be notified by each party to the other.

10.4 Unless otherwise provided in the GTC or the Contract, any person who is not a party to the Contract shall have no right to enforce any provision of these GTC or the Contract.

10.5 The Seller may assign or subcontract all or part of their obligations under the Contract to any person, company, or business.

10.6 Any question relating to the Contract, including its formation, existence, interpretation, execution, and validity shall be governed by and construed in accordance with French law, and shall be settled by the courts of French law.

10.7 The GTC apply to Orders from Buyers residing in Luxembourg and Belgium, subject to the mandatory provisions governing the delivery of goods in these territories.

11. Contacts

For any comments, questions, or requests regarding the Products, the Buyer can contact customer service at the following address: support@gokocobeauty.com