Article 1 Designation of the Seller
The website https://abbi.care (the “Website”) is published by ABBI, a simplified joint-stock company, head office: 8b Chemin de l'industrie. 69570 Dardilly – 828 636 795 00050 RCS Lyon, contact@abbi.care (the “Seller”).

Article 2 - General provisions
2.1. Purpose
The general terms and conditions of sale (the “GTC”) are applicable exclusively to the sale of the Seller’s products on the Website.
2.2. Scope of application
The General Terms and Conditions govern online sales contracts for the Seller's products to buyers who are consumers, understood as individuals acting for personal purposes or non-professionals within the meaning of the law (the "Consumers") and, together with the online order, constitute the distance sales contract between the parties, to the exclusion of all other documents. The General Terms and Conditions apply to products delivered to Consumers established in France and/or in a member country of the European Union and, subject to public policy rules, in a third country.
2.3. Dissemination of the T&Cs and mandatory nature
The General Terms and Conditions are made available to Consumers on the Website for free consultation and as part of the order process.
The General Terms and Conditions are binding on the Consumer who acknowledges, by checking the box provided for this purpose when ordering as specified in Article 6 below, having read and accepted them before placing an order.
Validation of the order by its confirmation constitutes acceptance of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with Article 1127-2 of the Civil Code.
2.4. Personal data
Personal information is collected as part of the sale as necessary for placing and executing orders. The General Terms and Conditions are supplemented by the charter of "General Policy for the Protection of Personal Data" available on the Website, to which express reference is made. The Consumer may exercise a right of access, modification, rectification and deletion of such data.
The Website uses cookies. Cookies are computer files stored on the hard drive of the Consumer's computer (whether or not they have purchased). The General Terms and Conditions are also supplemented by an information document on the use of cookies available on the Website, to which express reference is made.

Article 3 - Products
3.1. Characteristics
The products offered for sale on the Website are subject to a description. The photographs are not part of the offer provided that they are not misleading.
3.2. Stock availability
The products are in offer condition and delivered within the limit of available stocks. In the event of unavailability of the product ordered, the Seller informs the Consumer and may offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order.
In the event of disagreement, the Seller will reimburse the sums paid within fourteen (14) days of the order. The Seller is not liable for any cancellation compensation.

Article 4 - Prices
4.1. Sale price
The sale price is that in effect on the day of the order.
The sales prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the Consumer is indicated on the order confirmation page of the Website.
4.2. Modification
The Seller reserves the right to modify its prices at any time, except in any case the application of the price in effect on the day of the order.
4.3. Costs
Additional transport, delivery or postage costs (to which must be added any other costs incurred by the Seller), which the customer may have been aware of before ordering, are set out on the order form.
It is specified that shipping costs are free from a minimum order amount indicated on the Website.

Article 5 - Offer
5.1. Spatial scope of the online sales offer
The online sales offers presented on the Website are reserved for Consumers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.

5.2. Duration
The online sales offers presented on the Website are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalogue (Website) and within the limit of available stocks.
5.3. Acceptance
The Consumer's acceptance of the offer is validated, in accordance with the double-click procedure, by confirmation of the order, as follows.

Article 6 - Order with PAYMENT OBLIGATION
6.1. Steps for concluding the contract
Placing an order on the Website involves several steps that the Consumer must validate one by one.

By the final validation of the order summary, the Consumer declares to accept all of these General Terms and Conditions, it being recalled that the General Terms and Conditions can be consulted by clicking on the hyperlink. The confirmation of the order summary as well as the computer data provided by the buyer to ABBI are considered as proof of the transaction.
ABBI undertakes to send you two notifications by email for each order placed: (i) a first email will inform you that your order has been taken into account by our services and (ii) the second will inform you of the shipment of your package to the delivery location chosen by the Consumer.
6.2. Modification of order
Any modification of the order by the Consumer after confirmation of the order is subject to acceptance by the Seller.
The Seller reserves the right to make modifications to the product ordered which are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
6.3. Validation of the order – reasonable quantity
The Seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for buyers with the status of Consumers.
6.4. Acknowledgement of receipt of the order
The Seller acknowledges receipt of the order electronically. The sale will only be considered final after ABBI has sent the Consumer customer the order acknowledgement.

Article 7 - Contract
7.1. Conclusion
The sales contract is formed at the time the Consumer sends confirmation of his order.

7.2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1366 of the Civil Code and Article L. 213-1 of the Consumer Code. These communications, purchase orders and invoices may be produced as proof of the sales contract.
7.3. Resolution
The order may be resolved by the Consumer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
delivery of a non-compliant product;
refusal to deliver or if it is clear that there will be no delivery;
delivery exceeding by seven (7) working days the deadline set in the order form or, failing such a date, within (30) thirty days following the order, after the Seller has been ordered, under the same terms and without result in the meantime, to make the delivery within a reasonable additional period in accordance with Article L. 216-16 of the Consumer Code;
price increase which is not justified by a technical modification of the product imposed by the public authorities.
The Seller will reimburse the sums paid within fourteen (14) days from the date on which the contract was terminated.
It is specified that in accordance with article L 241-4 of the consumer code, when the professional has not reimbursed all of the said sums within the said period of fourteen (14) days, these sums are automatically increased by 10% if the reimbursement occurs no later than thirty days beyond this term, by 20% up to sixty days and by 50% thereafter.
In all these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be terminated by the Seller in the event of:
of the buyer's refusal to take delivery;
non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid when ordering remains acquired by the Seller as compensation.

Article 8 - Payment
8.1. Due date
The price is payable in full after confirmation of the order.
With the exception of sums paid which are refunded in the event of unavailability of the product ordered under the conditions set out in Article 3-2 of the General Terms and Conditions, any sum paid in advance on the price shall bear interest at the legal rate upon expiry of a period of three (3) months from payment until delivery of the product or, failing that, upon reimbursement of the sum paid when ordering, in accordance with Article L. 214-2 of the Consumer Code.
8.2. Payment security
The Website is equipped with an online payment security system allowing the Consumer to encrypt the transmission of their banking data. ABBI has adopted the SSL encryption standard and the 3D SECURE security system, guaranteeing a high level of banking security.
All data entered when paying by credit card is immediately encrypted using the SSL protocol and saved on the bank's server. No confidential payment data is stored by ABBI. This information is only accessible to our banking partner.
The Website indicates the accepted payment methods.
8.4. Retention of title clause
Where applicable, the Seller remains the owner of the products until full payment of the price.

Article 9- Delivery
9.1. Delay
From the time of order, the Products are delivered within the indicative timeframes of between 2 and 6 working days at the most depending on the carrier. They are not essential conditions of the contract unless expressly stated by the Consumer.
9.2. Delivery terms
Delivery is made by direct delivery of the product to the Consumer at the address indicated when placing the order online.
In the absence of direct delivery, the Seller sends a notice of availability to the Consumer who must collect the product ordered within fifteen (15) days of the notice. In the absence of collection within this period, the Seller may, after a formal notice has remained without effect, automatically cancel the order and retain the deposit paid and the product as compensation.
9.3. Delivery and transfer of risk - reservations
The risks of loss or damage to the goods are transferred to the Consumer at the time he, or a third party designated by him, takes physical possession of the goods.
The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the Seller's risk.
The product, which is delivered to the Consumer by a carrier chosen by the Consumer, travels at the Consumer's risk from the time the goods are handed over to the carrier.
It is the Consumer's responsibility to check the conformity and integrity of the Products upon receipt. Any damage, loss or deterioration must be reported to the Carrier and the Seller without delay and at the latest within three (3) days, without prejudice to the guarantee of conformity in accordance with Article L. 216-5 of the Consumer Code.

Article 10 - Legal guarantee of conformity and guarantee of hidden defects
10.1. Consumer Information
It is recalled that all products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
10.2. Implementation of the conformity guarantee
In accordance with Article L. 217-3 of the Consumer Code, "The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery."
In accordance with Article L. 217-4 of the Consumer Code, "The good is in conformity with the contract if it meets, in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract; 4° It is updated in accordance with the contract.
In accordance with Article L. 217-5 of the Consumer Code “I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria: 1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° Where applicable, the digital elements it contains are provided according to the most recent version that is available at the time of conclusion of the contract, unless the parties agree otherwise; 4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling” except for the exceptions referred to in II of said article.
When acting under the legal guarantee of conformity, the Consumer:
benefits from a period of two years from delivery of the goods to take action;
may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
10.3. Implementation of the guarantee of hidden defects
In accordance with Article 1641 of the Civil Code, "The Seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
In accordance with Article 1648 of the Civil Code, “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
The Consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Regardless of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-3 et seq. of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

Article 11 Right of withdrawal
11.1. Conditions, time limit and terms of exercise
Principle
You will have the right to withdraw, without giving any reason, within fourteen (14) days after the day on which you, or the third party you have designated to do so, takes physical possession of the good or, where applicable, of the last lot or the last piece.
Exception (specific products and unsealed goods)
In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
“3° Supply of goods made to the consumer’s specifications or clearly personalized;
5° Of the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The consumer is thus informed and accepts that the right of withdrawal cannot apply to 1/ cosmetic products that he has unsealed as well as 2/ even if they are not unsealed, products that would be designed specifically for the consumer, not usable for other consumers, following the use of the SkanMySkin artificial intelligence module.
11.2. Terms of exercise - model withdrawal form and Information Notice
To exercise the right of withdrawal, you must notify us:
your name, geographic address and, where available, your telephone number and email address;
as well as your decision to withdraw by means of an unambiguous statement (letter, email).
You can use the withdrawal form template at the bottom of the document but it is not obligatory.
An information notice is also attached at the bottom of the document.
11.3. Effects
In the event of withdrawal, we will reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs arising from the fact that you have chosen, where applicable, a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and, in any event, not later than fourteen (14) days from the day on which we would be informed of your decision to withdraw.
We will make the reimbursement using the same means of payment as you used for the initial transaction. With your express agreement, another means may be used. In any event, this reimbursement will not incur any fees for you.
The Seller reserves the right to defer reimbursement until receipt of the goods subject to the order, or until the customer has provided proof of shipment of this (or these) goods, the date retained being that of the first of these facts.
11.4. Return – return costs
In the event of withdrawal, the Consumer must return the products (neither opened nor unsealed) with the original packaging, to SAS ABBI, 8b Chemin de l'industrie. 69570 Dardilly, without undue delay and, in any event, no later than fourteen (14) days following the communication of the withdrawal.
Unless it is a defective item or an error on the part of ABBI, the consumer BEAR THE RETURN COSTS in accordance with article L. 221-23 of the Consumer Code.

Article 12 - Intellectual property
The Website, the elements reproduced on the Website, are the exclusive property of the Seller, protected by copyright, trademark law and patent law.

Article 13 - Mediation
13.1. Prior complaint
In the event of a dispute, you must first contact customer service by any means.
13.2. Request for mediation
In the event of failure of the complaint request to the Consumer Service or in the absence of a response from this service within two months, the Consumer may submit the dispute relating to the purchase order or to these General Terms and Conditions opposing him to the Seller to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In accordance with Articles L.612-1 and L.616-1 of the Consumer Code, ABBI has set up a consumer mediation system with a view to the amicable resolution of any potential dispute.
The contact details of the competent mediator in the event of a dispute are:
[●]CMAP - Paris Mediation and Arbitration Center; consommation@cmap.fr; +33 1 44 95 11 40, 39 avenue Franklin D. Roosevelt 75008 PARIS

Article 14 - Competent court
In the absence of an amicable agreement, you may refer the matter to court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract.

Article 15 - Applicable law
This contract and the General Terms and Conditions governing it are subject to French law.