Article 1 - Scope of application
These Terms and Conditions of Sale serve as the basis of trust between YOUTH S.A. and its customers.
These Terms and Conditions define the conditions by which the company, YOUTH S.A, a company limited by shares with a capital of 150.000 euros, with its head office at the following address: 24, avenue Princesse Grace, Monte-Carlo, MC 98000 Monaco, registered in Monaco with the trade registry of the Chamber of Commerce under the number 15S06797 (“the Seller”) provides consumers and non-professional buyers (“the Customer or the Customers”) the ability to make requests via the website and/or purchase the following products for sale by the Seller: YOUTH brand cosmetic products (“the Products”).
The Products' main features, including their specifications, illustrations and dimensions or capacity, are available on the website. The Customer is required to take cognizance of these features before making an order.
Only the Customer is responsible for the choice and purchase of a Product.
These general Terms and Conditions of Sale shall be applied, excluding any other conditions applicable at point of sale or through any other distribution channel.
The Customer declares that he/she has familiarized him/herself with the General Conditions of Sale and has accepted them without reserve by ticking the box provided before starting to make an order on the following website www.youthskincare.com.
The information on the website, the catalogue and prices are given by the Seller. All information is provided for informational purposes only, and can be revised at any time. The Seller reserves the right to make any changes.
The Seller reserves the right to change the General Terms and Conditions of Sale at any time. The applicable General Terms and Conditions of Sale are those in force on the website the date an order is placed.
The data recorded in the Seller’s IT system constitutes proof of all transactions unless there is evidence to the contrary.
Under the law 78-17 of January 6th 1978, amended and completed by the General Data Protection Regulation (EU) 2016/679 entered into force on May 25th 2018, the Customer has at any time the right to access, modify, correct or delete all of his/her personal data by written letter addressed to our customer service and accompanied by proof of identity:
24, avenue Princesse Grace,
Monte-Carlo, MC 98000 Monaco,
or by sending an e-mail to our contact form.
The Customer's validation of an order is his/her confirmation of these General Terms and Conditions.
The Customer acknowledges his/her capacity to purchase and acquire the Products provided on the website.
Article 2 - Orders - Prices
2-1. Order validity
The Customer may choose from the website the Products he/she wants to order in accordance with the selection process established, the last step of which is confirmation of the order. These Products will appear in the shopping cart along with the price of each Product and the total amount of the order. The Customer has the ability to alter the contents of his/her cart up until the order is validated.
The Customer must be registered on the website by creating an account prior to placing an order. This account collects the Customer’s information. To create this account, the Customer must ensure the accuracy of the data provided and must update it when necessary. Should the Customer make a mistake when providing personal information, the Seller will not be liable for the non-delivery of goods.
Contractual information is expressed in French, translated in English and confirmed by the Customer upon validating order.
Product offers shall be valid as long as they are visible on the website, and for as long as stocks are available.
Order registration will be completed on the Seller’s website. The Customer must accept the General Terms and Conditions of Sale by ticking the box provided, then confirming his/her order. Validation confirms acceptance of these Terms and Conditions of Sale. Before placing his/her order the Customer may check the order details and price, and correct any mistakes before confirming order.
The Seller will confirm and accept the order by issuing a confirmation of receipt once the total price of the order has been tallied.
Collected data stored in the Seller's IT system constitutes proof of all transactions by its Customers. It is the responsibility of Customers to verify order accuracy and to immediately report any mistakes.
Any order made on the website constitutes a contract between the Customer and the Seller.
The Customer will be able to follow up his/her website order.
Products are available as stocks are available. The Seller accepts no liability for non-fulfilment of contract due to stock shortages or product unavailability.
If a product is unavailable or out of stock, the Customer will be informed at order processing, or by email, eight (8) days after placing order.
In the latter case, the Customer may send an email via our contact form within two (2) working days after receiving the Seller’s email should he/she wish to cancel or modify the order.
The customer may request to cancel the order and request a refund of the amount paid within thirty (30) days from the day the payment was made.
Goods shall be delivered to the address provided by the Customer.
2-3. Order Cancellation
Once order is confirmed, the Customer cannot cancel it, unless he/she wishes to exercise the right of withdrawal provided in Article 5 of these Terms and Conditions of Sale.
The Seller reserves the right to cancel any order made by a customer with whom there is litigation related to a previously made order.
2-4. Rates and Taxes
The Products are priced at the rates shown on the website at time of order.
Net prices include the tax but exclude the shipping fee.
All applicable discounts are shown on the website and will be accepted by the Seller.
Rates are subject to change at any time. The products will be charged on the basis of the rates in effect at time of order.
Our product offers are valid as long as stocks are available, and within the time frame indicated on the website.
The payment required from the Customer refers to the total amount of the purchase, including expenses related to order processing, transport and delivery.
Article 3 - Payment terms
Unless the server experiences exceptional dysfunction, the Customer shall complete his/her purchases by credit card once order has been confirmed. Payment is made via the secured server of our partner Payline. Upon payment, authentication will be required. The Customer's bank will issue an identification code via text message or request date of birth. Upon confirmation, payment will be authorized and the order validated.
The implemented secure payment system ensures payment security and avoidance of fraud.
3-D Secure is a secured Internet payment protocol which prevents Internet fraud and identity theft. It requires that each online payment made by credit card is authorized by the cardholder.
Article 4 - Property reservation
Transfer of Product ownership to the Customer will occur after the Customer has confirmed payment. The Seller reserves the right of ownership on sold products until totally paid for by the Customer. In the event of non-payment, the Seller may claim the Product.
Nevertheless, regardless of the ownership transfer, risks of loss and deterioration shall be passed on to the Customer once the Products leave the Seller’s warehouse for delivery to the Customer.
Article 5 - Right of withdrawal
The Customer has up to seven (7) working days from the date of delivery to return, at their own expense and in the original packaging, any Product that fails to meet expectations. YOUTH S.A. agrees to re-credit the Customer's bank account within thirty (30) days of the Seller receiving the Products returned by the Customer under the Terms and Conditions of Sale specified in this article.
The Customer should return all Products in their original condition and packaging, along with the invoice. Damaged, dirty or incomplete Products cannot be returned.
The Customer assumes responsibility of charges, risks and dangers associated with the return of a Product.
Article 6 - Delivery
6-1. Delivery times
The Products purchased by the Customer will be shipped by Colissimo. Deliveries to France generally require 2 business days from date of order. Deliveries to other countries generally require 10 business days from date of order.
Delivery is established by transfer to the Customer of the physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, all ordered Products will be delivered together. However, YOUTH S.A. is authorized to make partial deliveries in which case only delivered items will be charged. All processing and shipping fees will be invoiced just once.
YOUTH S.A. shall not be held liable in the event of failure to meet estimated delivery period due to total or partial strike of the postal services, or if the postal services lose products.
In case of late delivery, the Customer must notify the Seller by email addressed via our contact form so that Customer Service can contact the postal services and investigate.
Unless otherwise stated, and with express authorization from the Seller, late deliveries shall not under any circumstances give rise to damages, deductions or cancellation of orders in progress.
6-2. Places of delivery
Delivery will be made to the address provided by the Customer upon placing order at www.youthskincare.com. If the Customer is absent, the order shall be deposited at the post office located at the address indicated by the Customer.
In case the Customer does not collect his/her parcel within the stated deadline, and the parcel is thus returned to YOUTH S.A., the Customer shall be responsible for any return fees.
Article 7 - Reception of the products
Upon signing receipt of delivery, the Customer is required to check the condition and accuracy of the Products delivered. The Customer has a period of fourteen (14) business days from delivery to formulate in writing, to the company YOUTH S.A. 24, avenue Princesse Grace BP 93 Monte-Carlo- MC 98002 Monaco cedex, any claims or reservations regarding non-compliance or conspicuous defect found in the Products delivered. This shall be accompanied by relevant evidence.
If delivery is damaged, the Customer may refuse it and write a damage claim on the delivery receipt.
Unless explicit reservations are made by the Customer within this period of fourteen (14) days, the Products delivered by the Seller will be deemed as complying with the order in quantity and quality, and no claim will be accepted as valid by the Seller.
The Customer is entitled to use his/her right of withdrawal provided the stickers and packaging of the goods are intact and not opened.
The Seller shall reimburse or replace as quickly as possible, and at their own expense, the Products delivered which do not comply or contain conspicuous or hidden defects, which can be proven by the Customer.
Article 8 - Information technology and freedom
Under the law 78-17 of January 6th 1978, amended and completed by the General Data Protection Regulation (EU) 2016/679 entered into force on May 25th 2018, the Customer will be asked to provide personal data necessary for processing the order, delivering the products, and issuing the invoices. This data may be communicated to the Seller's potential partners in charge of the fulfillment, processing, management and payment of the order.
All data is strictly confidential. All processing of data communicated through the website meets the legal requirements related to personal data protection. The information system used ensures optimal data protection.
Refusal to disclose requested information will result in automatic rejection of the order.
The Customer has a right to access, correct, object to, remove and to transfer his/her personal data. To exercise this right, the Customer shall address correspondence to YOUTH S.A.'s customer service department at YOUTH S.A. 24, Avenue Princesse Grace, Monte-Carlo, MC 98000 Monaco or by email via our contact form.
Website visitors will be informed that, for the purpose of website browsing, cookies may be used to automatically collect specific data. Continuing navigation on the website shall indicate the Customer's acceptance, and cookies will be installed. If the Customer is opposed, he/she may refuse cookie activation via options provided through his/her web browser. Turning off cookies will render unavailable certain website services.
Article 9 - Responsibility of the seller - Guarantee
Products available on www.youthskincare.com comply with current European regulations. However, the Customer must ensure that the products ordered, and for which delivery has been requested, are not subject to any particular local regulations, especially with regards to importation or use.
Visuals and written texts are not contractual. Consequently, YOUTH S.A. cannot be held responsible in the case of an error which appears in a visual or written text.
YOUTH S.A. cannot be held responsible for non-performance of contract due to force majeure; disruption, total or partial strike of the postal services and/or information support; or flood or fire.
YOUTH S.A. declines any responsibility for damages resulting from the fraudulent intrusion of a third party who has modified information available on the website, or the theft or unauthorized use of related to order payment.
The Products supplied by the Seller benefit by operation of law and without additional payment, regardless of the right of withdrawal; the legal guarantee against hidden defects material in design or in manufacture arising from a material defect; or design or manufacturing, affecting the delivered products, making them unfit for use, provided that problems are reported as soon as they appear.
Article 10 - Intellectual property and privacy
Intellectual property and copyright rights pertaining to all website and assets are the exclusive property of YOUTH S.A., who grants only the right to consult the website for personal and private benefit.
Any total or partial reproduction of this content is strictly forbidden and may be considered as a counterfeiting crime.
Article 11 - Miscellaneous
The fact that the Seller does not take advantage of any of these conditions at any given time cannot be interpreted as a waiver of the right to take advantage of any of these conditions at a later date.
IIf an appropriate arbitral or judiciary court considers one of the terms of these conditions invalid, this invalidity shall not affect the validity of other terms and conditions.
Article 12 - Jurisdiction remit
All internal disputes that could possibly arise from this contract and agreements, over their validity, interpretation, execution, resolution, consequences and future developments, will be subject to the Principauté de Monaco court.
Article 13 - Applicable rate – Contract language
By express agreement between the parties, these General Terms and Conditions of Sale, and the buying and selling procedures described herein, are determined by Monaco law. These General Terms and Conditions of Sale are written in French. In the event that certain laws are translated into other languages, only the French text shall be valid in case of dispute.
Article 14 - Customer acceptance
A website order indicates compliance and acceptance of the General Terms and Conditions of Sale and the payment obligation of ordered products. By placing an order, the Customer indicates full acceptance and shall not procure opposing documents that are unenforceable by the Seller.
This form must be completed and returned only if a Customer wishes to retract an order placed on the website. This excludes exceptions or limitations to the exercise of the right to retract according to the applicable General Terms and Conditions of Sale.
For the attention of YOUTH S.A.
24, avenue Princesse Grace PO Box 93 Monte-Carlo- MC
98002 MONACO CEDEX
I hereby notify the retraction of the contract for the order of the products below:
- Order date: ...................................................................
- Order number: ...........................................................
- Client name : ..............................................................
- Customer's address: ...............................................