CosmeticOBS - L'Observatoire des cosmétiques

Legal Notice and General Conditions of Service

This website is published by L’Observatoire des Cosmétiques,
a French Limited Liability Company (LLC), with a capital of €32,000
Head office: 8 rue Bernard Iské, 92350 Le Plessis-Robinson, France
Trade and Company register: Nanterre 504 651 266
Business number (SIRET): 50465126600018
European VAT number: FR23504651266
CPPAP number: 0322W92653

Editor
Laurence Wittner

Design, development, and hosting
L’Observatoire des Cosmétiques, 8 rue Bernard Iské - 92350 Le Plessis-Robinson / Tel 09 67 76 22 43

As per the French ‘Informatique et Libertés’ law
This website is registered with the Commission Nationale de l‘Informatique et des Libertés (CNIL) under number 1329907. According to the French law published on 6 January 1978, any user providing personal information has the right to access, modify, and cancel any personal information. This right may be exercised with L’Observatoire des Cosmétiques, 8 rue Bernard Iské, 92350 Le Plessis-Robinson, France or info@cosmeticobs.com.

Terms and conditions governing the www.cosmeticobs.com website
L’Observatoire des Cosmétiques owns the worldwide intellectual property rights to the wwww.cosmeticobs.com website and its content. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
• republish material from this website (including republication on another website);
• sell, rent, or sub-license material from the website;
• display any material from the website in public;
• reproduce, duplicate, or copy material from our website, regardless of means, without prior authorisation from L’Observatoire des Cosmétiques. This would constitute infringement as per L 335-2 and the subsequent articles of the French Code of Intellectual Property. The offender and any other people involved would be prosecuted according to the French legal system.

All information and pictures on this site are non-binding documents and may be modified without prior notice. The creation of hypertext links to the www.cosmeticobs.com website must be previously authorised by the Editor. L’Observatoire des Cosmétiques accepts no liability for hypertext links to other websites and/or personal pages, and generally, to any other resource on the Internet from the www.cosmeticobs.com website. L’Observatoire des Cosmétiques is not liable for the information and advice given on the www.cosmeticobs.com website, which shall not replace, under any circumstances, a medical opinion given by competent health professionals during a personal consultation.

Terms and conditions specific to the ‘Contribute to our articles’ and ‘Ask our experts’ sections on the www.cosmeticobs.com website
This paragraph addresses the conditions that the user shall comply with when submitting comments in the ‘Contribute to our articles’ and ‘Ask our experts’ sections of the www.cosmeticobs.com website.
These specific conditions constitute an addition to the above terms and conditions governing the www.cosmeticobs.com website. Therefore, the user, when submitting comments and/or questions in either of the two sections, shall comply with all the terms and conditions. As a result, by the sole fact of using one of these two sections, the user accepts these terms and conditions in full.

The website has two sections open to users for comments and/or questions.
1/ Comments in the ‘Contribute to our articles’ allow users to provide comments on the articles published on the L’Observatoire des Cosmétiques website. Users’ comments may be seen in the ‘Your comments’ section for as long as the relevant article, product factsheet, or ingredient factsheet is available.
2/ ‘Ask our experts’: the user may ask questions of the L’Observatoire des Cosmétiques’ experts. L’Observatoire des Cosmétiques cannot commit to a specific response time. Nevertheless, questions to experts that require a medical or dermatological consultation or a specific care programme (skincare advice, request for a personal beauty or hydration programme, etc.) will not be answered. Neither will those requiring an opinion on trademarks or products, those dealing with university studies, or for professional consultancy purposes (the last category of questions may be asked for a fee: ask info@cosmeticobs.com for a quotation).

Users must register before posting their first comment/question. All users may read the comments submitted by others and add their own. All users are aware that their own contributions may be read by all other users of the website, since the two sections are open to everyone. Contributions may be referenced by a browser, and therefore may be seen by any of the browser’s users.

All users grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, and distribute in any existing or future media the user content posted to the www.cosmeticobs.com website.

Comments are moderated a posteriori. Furthermore, an unspecified amount of time may be needed before an answer given by an expert to a user’s question is posted. The moderator does his (her) best to filter out any illegal submissions. L’Observatoire des Cosmétiques therefore has a right not to publish, or to delete, edit, or move any submissions that are off-topic, that do not comply with the editorial policy of the website, or that are unlawful. Similarly, L‘Observatoire des Cosmétiques has a right to cancel as needed the usernames of people who do not abide by the law (such deletion automatically deletes the account and all the comments posted from it). Though L’Observatoire des Cosmétiques does its best to prevent illegal submissions or submissions that could infringe any third party’s legal rights, it cannot guarantee that at any time all submissions are appropriate, lawful, reliable, or appropriate. Thus, it cannot be held liable for any user’s submissions in any way. The user is solely responsible for his (her) input. If L’Observatoire des Cosmétiques is taken to court, it reserves the right to take legal proceedings against the user.
The moderator is available at info@cosmeticobs.com for any questions related to the deletion of a comment that may seem unjustified. Users may send, to this same address, any suggestions to improve the two sections as well as the entire website. Users have the right to access, modify, and cancel any of their personal information. At any time, they may request the full deletion of their comments by writing to info@cosmeticobs.com.
All web users can also report any content which may seem illicit or improper to them by sending an email to this address: info@cosmeticobs.com.

Before submitting a contribution, the user agrees that:
• the comment is not a commercial or an instance of misinformation,
• the comment is not a form of advertising or a sales pitch for a trademark or a product,
• the comment does not include an address or hyperlink to other websites that may be offensive, unlawful, that may infringe any third party’s legal rights, or that conflict with the terms and conditions herein,
• the comment does not duplicate another comment, which may have already been answered,
• the comment deals with the topic of the article at the end of which it is published,
• the comment is written in proper English or French, with no SMS language or abbreviations,
• the content of the comment does not infringe on any third party’s rights (no denigrating, libellous, offensive, or abusive words, and no words that infringe on the image of or damage the reputation of a trademark or a legal entity or natural person, in any way: no pornographic, paedophilic, racist, xenophobic, anti-Semitic, homophobic words, no words encouraging hatred, violence, suicide; no invasion of third party’s privacy, no infringement on the intellectual property law; no discriminatory words, whatever they are, about a person or a group of people due to their political opinion, their belonging to an ethnic group or religion, their sexual preferences or their intellectual activity).

Terms and conditions of online sales
These terms and conditions exclusively address the services subject to charges on the www.cosmeticobs.com website.

Services subject to charges on the www.cosmeticobs.com website are available to any user, individual or professional, after registration. The services of thewww.cosmeticobs.com website are sold either individually, or through a package or subscription (Pro Section). Unless otherwise specified, our services are payable upon ordering.

Taking out PRO subscriptions may be done via correspondence, by check or by bank transfer. For more information or to get a purchase order or a pro forma invoice, please contact info@cosmeticobs.com.
All L’Observatoire des Cosmétiques–CosmeticOBS services (credits, PRO subscriptions, ebooks, logo use rights, evaluations, advertising, etc.) must be paid in advance, and delivered subject to final payment.

A ‘view’ refers to an instance of access to paid content: archives, expert opinions, ingredient factsheets, and product factsheets.

Fees - Professional Section:
• 1-month subscription= €158.26 VAT included (€155 VAT excl.)
• 6-months subscription= €479.87 VAT included (€470 VAT excl.)
• 12-months subscription= €694.28 VAT included (€680 VAT excl.)

Prices are in euros, all taxes included. L’Observatoire des Cosmétiques has a right to modify its rates any time, but views will be invoiced at the rate in effect upon registration. French VAT (press online: 2.1%) is included in the price and will be invoiced at the rate in effect when the content is viewed. Views on the www.cosmeticobs.com website must be paid in advance.

Payments are processed via the secure STRIPE Inc. service, accessible from the www.stripe.com website. Visa, MasterCard, and Carte Bleue bank cards are accepted. For the General Public contents, the user clicks on the icon of the relevant article. Content is then displayed and is available free of charge. The user may print or copy the document. Once the session is closed, access to the article is closed.

For the PRO contents, once the subscription is completed, the user has unlimited access to all the PRO contents for the duration of the subscription.

The user may request a refund within 14 full days from the date the service was purchased, during which the order may be cancelled with no justification required. As per article 121-20 of the French Consumer Code, packages from which one or more views have been used, and subscriptions to the Professional (PRO) Section, which allow for the immediate downloading of the content as soon as the offer is validated, are not concerned. Internet users who wish to exercise their right of withdrawal must send a letter to L’Observatoire des Cosmétiques, 8 rue Bernard Iské - 92350 Le Plessis-Robinson, France, or send an email to info@cosmeticobs.com. L’Observatoire des Cosmétiques SARL will issue a reimbursement (by bank transfer) within 30 days after the receipt of the request.

All users must read and accept the terms and conditions prior to making a payment. When a payment is made, it means that these terms and conditions of online sales have been accepted by the user. Unless proven otherwise, data recorded by the www.cosmeticobs.com website are the proof of transactions between www.cosmeticobs.com and its customers.

Services available on the www.cosmeticobs.com website meet the current French regulation requirements. They are meant for natural people and professionals. L’Observatoire des Cosmétiques will not be held liable in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

L’Observatoire des Cosmétiques commits to achieve all the services that rest with it, according to trade practices, and to deliver what is specified in the terms and conditions, with no further obligation. L’Observatoire des Cosmétiques cannot be held liable in the event of delay, failure, discontinuation, or unavailability of the service due to external causes such as line overload, computer trouble, etc. To the extent that the website and the information and services on the website are provided free of charge, L’Observatoire des Cosmétiques will not be held liable for any loss or damage of any nature, any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

All information displayed on the www.cosmeticobs.com website may be modified without prior notice at any time, in view of the interactivity of the site, without any claim of liability against L’Observatoire des Cosmétiques. The user is solely responsible for the choice of articles that he or she connects to.

Registration is processed through several steps: users complete a form with the data needed for identification, they choose a username and password, and they provide an email address. The user is solely responsible for the confidentiality of these data, which will be kept secret and will not be divulged by any means whatever. The user is solely responsible for the use of these data.

Access to the services available on the www.cosmeticobs.com website from a computer is possible 24/7, except in case of force majeure (as defined by law) or in any event outside the control of L’Observatoire des Cosmétiques, failures of the website, or maintenance required for it to run smoothly. L’Observatoire des Cosmétiques may have to suspend the entire service or part of it for maintenance purposes, without any compensation to the user.

We do not guarantee the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website will remain available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

L‘Observatoire des Cosmétiques shall keep strictly confidential all queries made by a user.

The present contract is governed by French laws. Should any dispute arise from the implementation of its interpretation, or from the consequences of a termination of contract, litigation will be submitted to the competent French jurisdictions. If the dispute is with professionals / shopkeepers / retailers, the competent jurisdictions are based in Nanterre (France).

For any information or questions, please contact: info@cosmeticobs.com