General Terms & Conditions

Legal informations & terms and condition of use

Access to the website www.biocodeskincare.com including its versions optimised for browsing on mobiles and tablets, (hereinafter the “Website”), as well as the use of its contents, is subject to the following Legal information & terms and conditions of use. Accessing and browsing the Website constitutes unconditional acceptance by the visitor of the following Legal information & terms and conditions of use:

1. Website publisher

The website is published by:

Company name: MAISON LE CYGNE (hereinafter “MAISON LE CYGNE”);

Legal form: Limited Liability Company;

Address of registered office: 11 Sportiv Catalin Bercu, 77190 Voluntari, ROMANIA;

Registration number and registry of commerce and companies where registered: RO 46 376 187 at the Registry of Commerce and Companies of Ilfov (ROMANIA)

Value added tax number: RO 46 376 187

Telephone number/fax number, availability times and rate applied to calls: +40 (0) 374 925 749, available Monday to Saturday from 10:00 a.m. to 6:00 p.m. CET.

Email address: [email protected]

2. Hosting provider

The Website is hosted by: ROMARG S.R.L.;

Address: Str. Ionescu Crum, nr. 1
Brasov Business Park, Turn 2, Etaj 6
Brasov – 500446
Brasov, RO

Telephone number: +40 372 681 700.

3. Terms and conditions of use

3.1. Intellectual Property Rights

The Website is owned exclusively by MAISON LE CYGNE which is the only entity authorized to use the intellectual property rights and personality rights related thereto, in particular the trade marks, models, copyrights and image rights. The use of all or part of the Website, under any form whatsoever and by any mean, particularly through downloading, reproduction, transfer or communication to the public, for purposes other than personal and private use for non-commercial intentions, is strictly prohibited.

3.2. Acceptable use

Visitors agree not to use the Website or its content for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, abusive, threatening, harmful or that which infringes or may infringe intellectual property or other rights of third parties.

3.3. Warranty

MAISON LE CYGNE endeavors to make its best efforts to ensure the accuracy and updates of the information distributed on the Website and reserves the right to correct, at any moment without prior notice, its contents. However, MAISON LE CYGNE cannot guarantee the accuracy, precision and exhaustivity of information available on the Website.

As a result, MAISON LE CYGNE accepts no responsibility whatsoever: for any imprecision, inaccuracy or omission with regard to information available on the Website, for any damage resulting from the intrusion by a third party leading to modification of the information available on the Website, and, more generally, for any damage, direct or indirect, to the extent permitted by law, for whatever cause, origin, nature and consequence, brought about by anyone having access to the Website or the impossibility of accessing the Website; likewise for the use of the Website and/or credit granted to any information emanating directly or indirectly from the latter.

Furthermore, MAISON LE CYGNE declines any liability for any interruption or malfunctioning of the Website or any occurrence of bugs.

3.4. Data collected

Visitors are likely to provide data including personal data (for example name, post address, email address…). Please see MAISON LE CYGNE Data Protection Policy accessible on the Website which describes how MAISON LE CYGNE will use, process and protect the personal information and the data submitted by visitors when, for example, creating an account, purchasing products and when you are otherwise using the Website.

In accordance with EU Regulation 2016/679 of 27 April 2016 on the protection of personal data (GDPR), visitors have the right to consult, modify and delete any data concerning them. Visitors can read about all of their rights by reading MAISON LE CYGNE Data Protection Policy. Visitors may exercise these rights at any time by contacting MAISON LE CYGNE.

MAISON LE CYGNE has installed the means to ensure the security of files constituted from personal data collected on the Website. However, MAISON LE CYGNE is not able to control the risks linked to operation of the Internet and would draw the visitor’s attention to the existence of possible risks concerning the confidentiality of data transiting through this network and accepts no responsibility whatsoever concerning this risk.

3.5. Hypertext links

The creation of hypertext links to the Website may only be done so with the prior, written authorization of MAISON LE CYGNE, which may be revoked at any time. As a result, MAISON LE CYGNE accepts no responsibility whatsoever concerning the contents of sites linked to the Website.

3.6. Unilateral change to the conditions

MAISON LE CYGNE informs visitors to the Website that these conditions may be changed at any time. These modifications are published online and are considered to be accepted unconditionally by all visitors accessing the Website following their publication online.

3.7. Severability

If any clause of these Legal information & terms and conditions of use is found to be invalid due to a change in legislation or regulations or a court decision, this cannot in any way affect the validity of and compliance with the other clauses of Legal information & terms and conditions of use.

4. Applicable law and jurisdiction

The present Legal information & terms and conditions of use are governed by Romanian law subject to the mandatory rules of your country of residence and you can bring legal proceedings in the Romanian courts subject to the mandatory rules of your country of residence or settle the dispute through an alternative dispute resolution mechanism, as set out below. Information on alternative dispute settlement: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a conciliation procedure and unfortunately cannot offer participation in such a procedure.

General terms and conditions of sale

Welcome to www.biocodeskincare.com.

This section of our Website sets out our general terms and conditions of sale (“Terms”) including our full delivery and returns process.

These Terms apply to all sales of products made to you, the customer, via www.biocodeskincare.com (“the Website”). Please read these Terms carefully before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

By placing an order with us, you confirm that you agree to these Terms. If you do not agree to the Terms, please do not place any orders through the Website.

We reserve the right to make changes to these Terms at any time and the new version of the Terms will apply to any offer or order placed on the Website after the new version has been posted. We therefore advise you to make sure you are happy with the Terms each time you place an order. The Terms are printable. Furthermore, a pdf version of the effective Terms will be attached to our order confirmation email.

These Terms are drafted in the English and Romanian. In case of discrepancy between the Romanian and the English texts, the Romanian version shall prevail.

1. Informations about us and how to contact us

We are MAISON LE CYGNE, a limited liability company, registered at the companies register of Ilfov (ROMANIA) under the number RO 46 376 187, with our registered office at 11 Sportiv Catalin Bercu, 077190 Voluntari, ROMANIA, (hereinafter referred to as “MLC”).

For your information, MLC commits to comply with the principles set out in the MLC Code of Conduct. This Code of conduct provide an ethical framework for all its actions.

You can contact us through our Customer Service which is available to you as follows: Opening hours: 10am – 6pm Monday to Saturday excluding Bank Holidays in Romania.

Phone number & associated costs if any: +40 (0) 374 925 749

Email address: [email protected]

Our Customer Care Team can also contact you if you complete the “contact us” questionnaire available on “contact us” section.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or in the “contact us” questionnaire.

2. Our products

The products offered for sale are the ones displayed on the Website. The images of the products on our Website are for illustrative purposes only and although every effort is made to display colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.

3. Our contract with you

3.1. Orders

To place an order on the Website, you have to be an individual, a non-trade customer, aged of at least 18 and with full legal capacity.

In order to place an order, you have to:

Be logged to your existing customer account if you have one;
Create a customer account if you do not have one;
Complete the compulsory information requested when ordering.

If you wish to place an order, you have to select the products and the quantity of products that you wish to order and add them in your basket by clicking on the button “QUICK SHOP | SHOP”. Please note that you can consult the summary of your order at anytime by clicking on the icon of your basket and/or during the check out process. After having filled your basket, you are invited to click on the button “PROCEED TO CHECK OUT”” and provide your e-mail address, the billing address, the desired delivery address and the information relating to the chosen method of delivery, the amount of any delivery charges being specified at this stage.

Before clicking on the “”PAY AND ORDER”” button, you have the possibility to :

check the details of your order and its total price, – correct any errors made in entering the data or modify the order by returning to the previous steps or by browsing the Website.

To definitively validate and finalize your order, you must:

Read these Terms and expressly accepted these Terms by clicking on the button “PAY AND ORDER” before making payment for your order,
Click on the button “”PAY AND ORDER”” to proceed to the secure payment of your order. Upon authorization of the debit of your bank account by the bank, your order is transmitted to MLC.

Our acceptance of your order will take place only when we send you an order confirmation email at the email address provided by you and you accept by placing an order the use of email to receive our confirmation of your order. At this point, a contract for the sale and purchase of the ordered products will come into existence between you and us. The confirmation email will show all details of products purchased, delivery addresses, billing address, delivery option, delivery costs, your unique reference number, the total sum deducted from your credit or debit card account, packaging options and will contain a pdf version of the effective Terms. We recommend that you keep this email for your records.

Please note that the contract is set out in the language of the order (i.e. English).

It will be archived for a period not exceeding the period required to fulfil the purposes for which it was archived.

If you have any questions about an order, please contact our Customer Service using the contact details in article 1. It will help us if you can tell us the order number whenever you contact us about your order. If we are unable to accept your order we will inform you of this by email and will not charge you for the products. This might be because:

the product is out of stock
payment agencies including the payment service provider used by MLC to detect credit card frauds refused the authorization of payment per credit/debit card
We have identified an error in the price or description of the product
You have exceeded our Maximum Purchase Policy set out below
We need to deal with technical problems with the product or make minor technical changes
We need to update the product to reflect changes in relevant laws and regulatory requirements.

Please note that we are unable to process orders to a P.O Box address.

3.2. Price and Payment

The price of the products (which includes VAT) is displayed throughout your online journey, either visible in the basket on the top banner of the website or on the checkout pages when you place an order. If there is a change in the rate of VAT between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change took effect.

We take all reasonable care to ensure that the price of the products advised to you is correct but in the unlikely event that the products are incorrectly priced, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

Products shall be paid in EUR | USD | RON | POUND STERLING

You can pay for products using the following payment options:

CREDIT / DEBIT CARDS ACCEPTED:

MASTER CARD | VISA

GOOGLE PAY | APPLE PAY

WE’RE SORRY, WE DO NOT ACCEPT ANY OTHER TYPES OF PAYMENT.

We are sorry, but at this time, we do not offer gift certificates or gift cards.

We will charge your credit or debit card at the time of dispatch of the order.

Please be informed that you shall bear all compulsory taxes, fees, bank charges if any.

Secure payment is made through a service provider: Stripe, Inc. which complies with security standards.

IMPORTANT INFORMATION: For your security and to avoid any fraudulent transactions, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

3.3. Maximum Purchase Policy

Products are sold on a retail basis to individuals for personal use only. As a result, we limit any orders to no more than five (5) units of any item per order.

3.4. Order Cancellations

Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

Product(s) not available;
Difficulty in processing payment information;
Refusal of authorization of payment per credit card by payment agencies including the payment service provider used by MLC to detect credit card frauds;
Cannot deliver to address provided;
Duplicate order was placed.

If your order is cancelled by us, you will receive an email from us. Your original payment method will be refunded for the appropriate amount.

If you wish to change or cancel your order prior to dispatch please call our Customer Care Team (see contact details in article 1) with your order number, to discuss what practical options are available to you. Please note as we generally process orders very quickly and dispatch orders within 1-2 days therefore it may not be possible to prevent your order from being dispatched. In this instance, please return your order once received in accordance with our Returns Policy which is set out below and in our Customer Care and FAQs document.

4. Delivery

4.1. Standard Delivery

Delivery costs will be indicated to you before your validation of the order.

Delivery time and costs depend on the delivery method you chosen when ordering.

We offer complimentary delivery if the total amount of your order is equal or superior to 50 EUR to the address specified by you in your order by BIOCODE. Your order is usually delivered within 3 – 5 working days from the date your order is accepted by us. Working days are Monday through Friday excluding Romanian bank holidays.

Please allow two additional days for deliveries to rural areas.

We will do our best to deliver the products within the time period indicated to you by BIOCODE and at the latest within thirty (30) days as from the acceptance of the order. In case of absence of delivery in the delay indicated, you shall contact in the best delay the Customer Care Service at the number and/or email address indicated at article 1. In this event, the Customer Care Service will propose a new delivery date or the cancellation of the order and its refund.

If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. more than thirty (30) days as from the acceptance of the order), you may contact us to end the contract and receive a refund for any products you have paid for but not received.

All orders require a signature upon delivery. If you are not there to receive your order, the carrier will leave contact information, a delivery card for you or will contact you to make alternative arrangements.

If, after a failed delivery to you, you and the carrier do not re-arrange delivery/collection within a reasonable delay, then, either the carrier or BIOCODE will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you may be liable to pay us compensation.

4.2. Delivery Addresses

Unless you tell us otherwise during the ordering process, we will deliver your purchased products to the delivery address you have provided in your account information.

We will take all reasonable care to deliver to the address given. However, we will not be liable for non-delivery or mis-delivery as a result of incorrect data entry by you.

4.3. Ownership and Responsibility

Upon delivery you must check the conformity of the order with the carrier and issue all necessary reservations if any (apparent defects, damaged parcel, parcel open, etc.) on the delivery note as detailed as possible and refuse the parcel. In that case, you must also contact our Customer Service in the best delay and we will launch the appropriate inquiry.

You will be responsible for the products once they have been delivered to the address you have provided.

You own the products once we have received payment in full.

5. Your rights to end the contract

You may be entitled to end your contract with us and return the products, but your right to end the contract will depend on the products you have purchased, whether you have simply changed your mind, whether there is anything wrong with the products we have supplied, how we are performing and when you decide to end the contract. If you want to end the contract because of something we have done or have told you we are going to do, see article 5.1. If you want to exercise your right of withdrawal, see article 5.2. You may be able to get a refund if you are within the “cooling-off period” in the conditions indicated in article 5.2. If what you have bought is faulty or misdescribed you may have a legal right to get the product repaired, replaced or to get some or all of your money back, see article 5.3.

5.1. Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed – there is a risk that supply of the products may be significantly delayed (i.e. more than thirty (30) days as from the acceptance of the order), – we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, or – you have a legal right to end the contract because of something we have done wrong. 5.2 Your right of withdrawal
Whilst we hope that you are delighted with your order, if for any reason you are not entirely satisfied or you otherwise change your mind, as a consumer, you have a legal right of withdrawal and to receive a refund within thirty (30) days after the day the products were delivered to you or, where the products have been supplied in instalments, thirty (30) days after the day on which the last instalment was supplied. Please note you must let us know of your intention to exercise your right of withdrawal before the end of this thirty days’ period using the model of “Return form” provided by us in the parcel or any other unambiguous written statement expressing your decision to exercise your right of withdrawal, and return the products and all complimentary items (e.g. gift(s) with purchase, sample(s)) to us to receive a refund.
Due to hygiene reasons and health protection, you do not have a right of withdrawal in respect of products where any seal or similar protection on those products has been broken or tampered with. This does not apply if you are making a return because the products are faulty or damaged (see art. 5.3 below).

Also, you cannot exercise your right of withdrawal when purchasing products:

Whose price is dependent on fluctuating financial market rates that we cannot control
Specifically manufactured to your specifications or personalised (e.g. engraving products)
which, after having been delivered and by their nature, are inseparably mixed with other items.

5.2. If there is a problem with the product

Please notify us immediately after delivery of any damage or incorrectly supplied products or if the products listed on the dispatch note do not match those contained in your delivery by contacting our Customer Service (see contact details at article 1) with your order details. To ensure prompt resolution, please provide the order number and the box, packing materials, all complimentary items (e.g. gift(s) with purchase, sample(s)) and the damaged items for inspection by the carrier.

Furthermore, all the products supplied by us benefit from the legal guarantee of conformity and from the legal warranty against hidden defects.

5.3. Legal guarantee of conformity

Each product sold by the Company benefits from a guarantee of conformity according to the provisions of Law 449/2003, including for cases where the information on the quality of the products provided by the product manufacturer is missing.

In accordance with art. 11 of Law 449/2003, each User may request, in case of non-compliance, the repair, replacement of the product within the limit of the available stock, or the return of its value.

6. How to make a return

If you are entitled to return products under article 5, you are entitled to return the products concerned and the associated complementary items associated if any (e.g. gift(s) with purchase, sample(s)) , free of charge, with the prepaid shipping label included in the parcel received. You must affix the prepaid shipping label to the returned parcel to drop it off at a post office or a collection point. Please contact our Customer Service using the contact details in article 1 to inform us about the return. Our Customer Service will guide you if needed regarding how to return products, and/or request a repair or a replacement or a refund of the product concerned. Within the order packaging, you will also find a “Return form” with details of your order together with details of our returns process.

Please note that if you make a return using a method other than the method proposed by us (i.e. prepaid shipping label) and you have exercised your right of withdrawal (see article 5.2), you will be responsible and will bear fully any applicable costs and charges involved for the return of the products.

Please ensure you obtain a proof of postage when you return the products and the complementary items associated if any (e.g. gift(s) with purchase, sample(s)) to us. You should retain your proof of postage in order to provide proof to us that you have returned the products and all complimentary items (e.g. gift(s) with purchase, sample(s)), in the unlikely event that we do not receive the returned parcel.

Within the order packaging, you will find a Return Form with details of your order together with details of our returns process.

1. Returning Products

Products and all complimentary items (e.g. gift(s) with purchase, sample(s)) must be returned to us promptly at our distribution centre at the address provided by our Customer Service or within the “Return form” in the order packing. If you are returning products because you have exercised your right of withdrawal, products and complimentary items (e.g. gift(s) with purchase, sample(s)) must be received at our distribution centre no later than thirty (30) days after the date you tell us you have exercised such right of withdrawal to maintain your entitlement to a refund.

In any case, please ensure that the returned parcel is properly sealed and that you obtain a proof of postage. You should retain your proof of postage in order to provide proof to us that you have returned the products and all complimentary items (e.g. gift(s) with purchase, sample(s)), in the unlikely event that we do not receive the returned parcel.

2. Processing the refund, replacement or repair

If you have returned products because you have exercised your right of withdrawal, we will process the calculated refund as soon as possible and in any event within fourteen (14) days after the day we receive the returned products or (if earlier) the day on which you provide us with evidence of having sent the products back to us at our distribution centre. We will not be obliged to make a refund if you cannot provide evidence that you have sent the products and all complimentary items (e.g. gift(s) with purchase, sample(s)) back to us so therefore please ensure that you retain, and are able to provide, proof of postage. Please note that a full refund will not be provided for returned products that show signs of unreasonable use.

If you have returned products because they are damaged, or in the event of a non-conformity or defect under the relevant statutory warranty, and if you have required us to refund partially or in full the products, we will process your refund as soon as possible and in any event within fourteen (14) days after the day we receive your returned products and if we confirm that you are entitled to a refund. Refund will only be made against the original credit/debit card used for the purchase. You will receive email notification of your refund from our Customer Care Team.

If you have returned products because they are damaged, or in the event of a non-conformity or defect under the relevant statutory warranty, and if you have required us to repair or to replace the products, please note that we will proceed to the repair or the replacement if we confirm that you are entitled to it and provided that the option chosen by you is not impossible or disproportionate as determined by the applicable Law.

7. Personal data collected

Please consult our Personal Data Protection Policy accessible on the Website to understand how we will use, process and protect the personal information and data transmitted by you when you create an account, buy products and when you use the Website in another way.

We will use the data, including the personal information you provide us:

To supply you with the products;
To process your payment for products;
If you agree to this during the ordering process, to inform you about similar products we offer, but you can stop receiving this information at any time by contacting us.

We will provide your personal information to third parties only under the conditions established in our Personal Data Protection Policy.

8. Applicable law and jurisdiction

9. Other important terms

We may transfer our rights and obligations under these Terms to another person or organization. We will notify you in writing if this happens and ensure that the transfer will not affect your rights under the contract.

You may transfer your rights or obligations under these Terms to another person only if we agree to this in writing. We will not unreasonably withhold or delay our consent.

This contract is concluded between you and us. No other person shall have the right to enforce any of its Terms. Each of the paragraphs in these Terms operates separately. If a court or competent authority decides that any of them is illegal or unenforceable, the other paragraphs will remain in force. If we do not immediately insist that you do what we are required to do in accordance with these Terms, or if we delay in taking action against you in respect of your breach of this contract, this will not be a waiver of our rights or that we do not have to do those things and it won’t stop us from taking action against you at a later date.

The regulated terms are governed by Romanian law, subject to the mandatory rules of your country of residence and you can file a legal action regarding the products in the Romanian courts, subject to the mandatory rules of your country of residence, or you can resolve the dispute through an alternative dispute resolution mechanism, as provided below.

Information regarding alternative dispute resolution: The European Commission offers the possibility of online dispute resolution on an online platform managed by it. This platform can be accessed through the external link http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a conciliation procedure and, unfortunately, we cannot offer participation in such a procedure.