Update date: October 26, 2021
Article 1 – Scope and object
The purpose of these General Terms and Conditions of Use (hereinafter the “GTC”) is to govern the general terms and conditions of access and use of the ingredientecret.com website (hereinafter the “Website”) between the users (hereinafter the “User”, “you”) and BRAIN FOR BEAUTY (hereinafter “BRAIN FOR BEAUTY”, “We”), publisher of the Website.
These GTC may be modified by BRAIN FOR BEAUTY, at any time, without written notice, by posting modified GTC on the Website. We invite you to regularly consult these GTC in order to be aware of any changes.
By accessing and using the Website, the User acknowledges having read, understood and accepted without reservation the GTC in force at that time. Use of the Website by the user is subject to the express condition of acceptance of these GTC.
The GTC are supplemented by:
- Legal Notice
- Terms and Conditions
- Data Protection Policy
- Cookies Policy
Article 2 – Features offered
The Site allows the User to:
- Access to information on BRAIN FOR BEAUTY, concerning the descriptions of BRAIN FOR BEAUTY products, but also to the list of points of sale;
- Access to customer service accessible from Monday to Friday from 9 a.m. to 12:30 p.m. and from 2 p.m. to 6 p.m. (excluding public holidays):
- by electronic messages initiated via the various forms present on the “Contact” page of the Website and subsequently exchanged via an electronic messaging system.
- or by e-mail for all requests sent directly to the e-mail address mentioned in the “Contact” page.
In this context, BRAIN FOR BEAUTY undertakes to respond to any question asked by the User within a maximum period of twenty-four (24) hours from the receipt by BRAIN FOR BEAUTY of the User’s request (hereinafter -after “Customer Service”). Customer Service is not made up of doctors or health professionals and is not intended to provide the User with a medical consultation and / or health advice, therapeutic advice or indications on possible drug interactions, or any other information not falling within the sphere of nutricosmetics and dermocosmetics.
- Create a customer account or connect to the customer account that the User will have previously created on the Website in order to access the functionalities presented there, namely the profile, the orders, the invoices (hereinafter the “Account Client ”);
(hereinafter together the “Features”).
Article 3 – Provision of advice related to nutricosmetics and dermocosmetics
BRAIN FOR BEAUTY is a player in the world of nutricosmetics and dermocosmetics. BRAIN FOR BEAUTY does not provide medical consultation, health advice, therapeutic advice and / or medical diagnosis or care. The advice provided in the context of Customer Service is advice in nutricosmetics and dermocosmetics. The advice provided in this context is not intended to replace medical diagnoses provided by healthcare professionals and / or is not intended to diagnose, treat or manage any disease or medical problem. The advice provided is also not intended to draw the User’s attention to any interactions between medical treatments and nutricosmetics, or interactions between nutricosmetics offered by other brands and those of BRAIN FOR BEAUTY.
We invite you to consult your attending physician and / or any other authorized health professional before making any decision or taking any action that may affect your health and safety or that of your family. We invite you to consult your doctor if you have any doubts or questions about your health, about a drug interaction or if your state of health or your condition worsens.
Article 4 – Conditions of access and use of the Website and User Obligations
To be able to validly use the Website, the User expressly declares to have full legal capacity to enter into this contract, that is to say the legal majority and not to be under guardianship or guardianship, or to be an emancipated minor. Subject to the respect by the User of these GTC, BRAIN FOR BEAUTY grants the User a worldwide, free, personal, revocable, limited, non-exclusive and non-transferable license to access and use the Website and its Features, only for its personal use, which does not include activities related to any commercial, business or professional activity.
The User is prohibited from:
- Use the Website for purposes other than those strictly provided for in these GTC or in any manner prohibited by a legal or regulatory provision;
- Use the Website for professional, commercial or non-private purposes;
- Use the Website in violation of the rights of others;
- Download, reproduce, record, capture and / or copy, by any process or means, the content of the Website and the Features and in particular the photographs and the content offered therein in violation of the GTC;
- Use the Website in a way that may affect the Website and / or the Features provided or disrupt their use by another User;
- Modify, translate, decompile, create derivatives of, copy, distribute, disassemble, disseminate, transmit, publish, delete or alter proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent , rent out, privately label, grant a guarantee on the Website, or use the Website in any way that is not expressly authorized within these GTC;
- Undermine the legitimate interests of BRAIN FOR BEAUTY and in particular its intellectual property rights and other rights relating to or linked to the Website;
- Remove or modify the brand, logo or any other distinctive sign of BRAIN FOR BEAUTY contained on the Website;
As part of Customer Service, the User refrains from:
- Reveal personal data considered to be special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 of April 27, 2016, relating to the protection of individuals with regard to processing personal data and the free movement of such data (hereinafter “GDPR”), namely data concerning his health, his sex life, genetic data. Indeed, the Customer Service is in no way intended to provide the User with a medical consultation and / or advice in matters of health and / or medical diagnoses, but only to orient him as best as possible on the products meeting their needs or on the Website.
- Download, send, transmit, in any way, any illegal or infringing content, any advertising, any unsolicited and unauthorized promotional material, as well as any computer virus, code, file or program designed to interrupt, destroy or limit the Functionalities of the Website or of the servers, networks or networks connected to the services;
- Attempt to mislead other Users, by usurping the name or corporate name of other people, and more particularly by posing as an employee or an affiliate of BRAIN FOR BEAUTY and / or the Website;
- Make or utter comments or distribute, in any form whatsoever, content such as, but not limited to, photos, messages and / or comments (hereinafter the “User Content (s)”) Infringing the rights of third parties and in particular intellectual property rights (trademark, copyright, models in particular), the rights of individuals (in particular defamation, insults, insults, denigration, harassment, etc.), respect for private life (including the right to image), public order and good morals (in particular by making statements of a political, racist or xenophobic nature, by making statements condoning crimes against humanity, inciting racial hatred, undermining human dignity, reporting violence against animals, reporting violent or degrading images, etc.) and, in general, any content contrary to the law regulations and the usual rules of politeness and courtesy.
Article 5 – BRAIN FOR BEAUTY’s obligations
BRAIN FOR BEAUTY makes the Functionalities available to the User via the Website under the conditions described in these GTC. The Site Features, with the exception of Customer Service, are accessible 24 hours a day, seven days a week, except in the event of force majeure events or events beyond the control of BRAIN FOR BEAUTY ( including breakdowns) and subject to the necessary periods of maintenance and updating of the Website. BRAIN FOR BEAUTY undertakes, within the framework of an obligation of means, to provide access to the Functionalities of the Website while respecting these GTC and to act with diligence and competence in order to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.
BRAIN FOR BEAUTY may at any time, temporarily or permanently:
- Make changes to the Website;
- Suspend, interrupt or limit access to all or part of the Website, reserve access to the Website, or to certain parts of the Website;
- Delete any information that could disrupt operation or contravene national or international laws and / or these GTC;
- Suspend access to the Website in order to carry out maintenance and / or updates;
- Delete the Website.
Article 6 – Responsibilities and guarantees of BRAIN FOR BEAUTY
BRAIN FOR BEAUTY cannot be held liable in the event of a breakdown, difficulty or interruption of operation, preventing access to the Website or to one of its Features on a temporary basis. The User acknowledges and accepts that BRAIN FOR BEAUTY cannot be held liable for any inconvenience or damage related to the use of the Internet network and / or the mobile Internet network, including, without this list being exhaustive:
- Poor transmission and / or reception of any data and / or information on the mobile internet network or via satellite networks;
- Failure of any receiving equipment or communication lines;
- Any malfunction of the mobile Internet network or satellite networks preventing the proper functioning or poor conditions of use of the Website and / or access to the Functionalities of the Website.
The transfer rate and response times of information circulating from the Website to the Internet are not guaranteed by BRAIN FOR BEAUTY. Indeed, the speed of information flow does not depend on the service offered by BRAIN FOR BEAUTY, but on the characteristics inherent in online or telecommunications networks provided by the User’s operator. To the fullest extent permitted by applicable regulations, BRAIN FOR BEAUTY or its licensors may under no circumstances be held liable for any indirect damage of any kind (including loss of profits, loss of confidential information or other data, business interruptions, invasions of privacy, breach of any obligation, including the obligation of good faith and diligence, for acts of negligence, and for any pecuniary or other loss), resulting from, or related to the use or the inability to use the Website.
Article 7 – Compensation
By using the Website, the User agrees to defend, indemnify and guarantee BRAIN FOR BEAUTY, its directors and its employees, against all losses, damages, liability, costs, expenses (including legal fees) claimed by any third party and resulting from : (i) the use and access to the Website by the User; (ii) a violation by the User of these GTC; and (iii) a violation by the User of the rights of third parties, including, without this being limiting, all property rights, protection of privacy and personal data or intellectual property. This compensation will survive beyond the duration of the use of the Website by the User.
Article 8 – Intellectual property
All the elements and content of the Website, as well as the texts, graphics, visuals, logos, brands, names, sounds, designs, software, domain names, photo and video content (hereinafter the “Content (s) ) BRAIN FOR BEAUTY ”) are protected by intellectual property rights and are the exclusive property of BRAIN FOR BEAUTY and / or are licensed to BRAIN FOR BEAUTY and may not be reproduced, used or represented without prior written permission of BRAIN FOR BEAUTY, including to create derivative works, under penalty of prosecution.
Subject to the respect by the User of these GTC, BRAIN FOR BEAUTY grants the User a right, non-exclusive, non assignable and non-transferable (including by way of sub-license), to access and use the Website and all the elements composing it (including the BRAIN FOR BEAUTY Content) and the associated documentation, throughout the duration of these GTC for the whole world. The User may only use the Website, the BRAIN FOR BEAUTY Content and the associated documentation in accordance with their destinations and for the personal and private needs of the User.
Any reproduction or representation made for other purposes is only authorized with the prior express written consent of BRAIN FOR BEAUTY.
In particular, the User is not authorized to download, copy, alter, modify, adapt, delete, distribute, transmit, disseminate, sell, rent, license or exploit the Website and the BRAIN FOR BEAUTY Content in whole or in part, in any way whatsoever, without the express, prior written consent of BRAIN FOR BEAUTY.
Any other use of the Website or the BRAIN FOR BEAUTY Content constitutes infringement and is punishable under intellectual property law, except with the prior, express and written authorization of BRAIN FOR BEAUTY.
Article 9 – Protection of personal data
Use of the Website involves processing of personal data. To find out more about the processing carried out using their data, the User is invited to consult the Data Protection Policy.
Article 10 – Miscellaneous provisions
BRAIN FOR BEAUTY may call on subcontractors as part of the performance of its obligations under these GTC.
10.2 Contract documents
These GTC constitute the entire agreement between BRAIN FOR BEAUTY and the User with regard to access and use of the Website and its Functions, and supersede any agreement having the same purpose that may have been entered into previously between the User and BRAIN FOR BEAUTY.
10.3 Force Majeure
Neither party can be held liable to the other party in the event of non-performance of its obligations resulting from a case of force majeure. Are considered as force majeure or fortuitous event, those usually recognized by the case law of the Court of Cassation.
The fact that BRAIN FOR BEAUTY does not avail itself at a given time of any stipulation whatsoever cannot be considered as a waiver of the benefit of this stipulation or of the right to subsequently invoke said stipulation and / or to request compensation for any breach of this stipulation.
In the event of the nullity of any provision of these GTC, it is deemed unwritten and the other provisions retain their force and scope.
10.6 Availability of BRAIN FOR BEAUTY products
A reference to a BRAIN FOR BEAUTY product on the Website does not mean that it will be available in all the points of sale identified on the Website.
Article 11 – Complaints and applicable law
The contract formed by the acceptance of these GTC is subject to French law. If the User is a consumer and his habitual residence is located outside France in a country of the European Union, the User also benefits from rights protecting him under the public order provisions of the applicable law of his country of residence. In the event of a complaint or dispute concerning access and use of the Website and / or its Features, the User undertakes to contact customer service as a priority by e-mail at the following address: contact @ ingredientsecret.com or by registered mail with acknowledgment of receipt (LRAR) to BRAIN FOR BEAUTY at the following address:
BRAIN FOR BEAUTY
9 rue Jean-François Gerbillon
75006, Paris – France
The parties undertake to seek an amicable settlement to the dispute concerned before any legal action or recourse to a mediation procedure. In the absence of an amicable agreement, the French courts will have sole jurisdiction.
Article 12 – Contact BRAIN FOR BEAUTY
The User can obtain information or ask questions through the “Contact” section accessible from the home page of the Website or by writing to:
BRAIN FOR BEAUTY
9 rue Jean-François Gerbillon
75006, Paris – France