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Legal Mentions

PUBLICATION DIRECTOR
PHASILAB
Simplified stock company (SAS) with capital of 600 490,00 Euros
Whose head office is 13 RUE DE LA BOISERAIE 13012 MARSEILLE
RCS Marseille B 488 017 112
Intra-community VAT : FR84488017112
Email : contact@instantcosmetiques, phone : +33 (0)4 84 26 55 65

HOST COMPANY
1 & 1 IONOS SARL
 Simplified stock company (SAS) with capital of 100 000,00 Euros
7 PL DE LA GARE 57200 SARREGUEMINES 
75002 Paris
RCS Sarreguemines B 431 303 775
Email: customercare@platform.sh, phone: +33 (0) 970 808 911

ARTICLE 1 – TERMS AND CONDITIONS OF USE
The purpose of these general conditions of use (hereinafter the “Terms”) is to define the conditions of use and access of the Site belonging to PHASILAB (https://instantcosmetiques.com/) (hereinafter ” PHASILAB ”) that the users (hereinafter the“ Users ”) accept by the sole fact of consulting them.
If Users do not accept them, PHASILAB asks them to leave the Site.
Site use and visits are limited to personal, and not commercial, use. You must refrain from using all or part of the Site for any illegal purposes (including without limitations to copyright infringements) or purposes that breach the Terms of Use.

By visiting this Site, you agree to comply with the Terms of Use as set out on the date of your visit.

ARTICLE 2 – OBJECT OF THE SITE
The Site is only accessible online at the following address: https://www.instantcosmetiques.com and only to Users domiciled in Metropolitan France.
This Site has been created to provide you with information on PHASILAB (news, products, etc.). This Site presents non-contractual information on PHASILAB for the purposes of describing the products, and nothing on the Site is intended to provide a legally binding offer for the sale of any product or service by PHASILAB (unless expressly stated otherwise).

If you are under sixteen (16) years old, you declare with receipt of the authorization of your parents or legal representatives to communicate to PHASILAB, your personal information to access the Site, as well as to receive communications sent by PHASILAB.

PHASILAB will use reasonable efforts to include accurate and up to date information on the Site but make no warranties or representations of any kind as to the accuracy, currency or completeness. You agree that access to and use of the Site and its content is at your own risk. Neither PHASILAB or any party involved in creating, producing or delivering this Site shall be liable for any damages including, without limitation, direct, indirect, consequential or punitive damages arising out of access to, use of or inability to use the Site or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer.

The Site and any documents we attach in electronic format to this Site are the subject of multiple reviews, however they may contain errors. If you note errors, feel free to contact us using the contact form and we will proceed to make the relevant corrections.

ARTICLE 3 – ACCES TO THE SITE
3.1. To access to the Site,
The User must have the hardware software skills necessary for using the Internet. In order to access to the Site via a computer, tablet or mobile phone (hereinafter the “Equipment”), the User must have appropriate high-speed Internet access, a telephone subscription allowing access to Internet from a computer / tablet / compatible mobile phone such as: smartphone (IOS, Android), WAP connection, WIFI and / or 3G / 4G.

The User acknowledges that the conditions of the contract with his Internet / mobile telephone operator will continue to apply when using the Site. The User alone will assume all costs that may be claimed by the operator related to access to internet connection services, WIFI, WAP and / or 3G / 4G, for use of the Site.
The User refrains, during use, from hindering or disrupting the proper functioning of the Site, servers, networks and / or modifying, adapting, hacking the Site and / or modifying an application or a site. third parties so as to create confusion as to the link with the Site.

The User is aware of the constraints and limits of internet and telecommunications networks and therefore undertakes to:
Protect its Equipment against any form of virus, attempted intrusion, unauthorized access and / or use (s) by third parties;
Ensure the conditions of installation, operation and maintenance of its Equipment necessary for the proper functioning of the Site.

3.2. Use of Advice displayed on the Site
Online computerized diagnostic applications and user guides that include beauty and health recommendations (“Applications”) are made available to you on the Site so you can obtain advice on beauty and healthcare.

This availability in no way constitutes a transfer of the property rights attached to the Applications. You are simply granted a user license for these Applications, which is not exclusive and is for your private use only. You may not copy or reproduce all or part of the Applications by any means and on any medium, whether existing or future, nor translate the Applications into any other language or adapt said Applications. You must not use the Applications for any commercial purposes.

PHASILAB will not be held liable for the direct or indirect consequences and/or any damage to the Applications resulting from defects or hacking.

PHASILAB gives no explicit or implicit guarantee and accept no liability in terms of the use of any advice provided through the Applications or the Site nor through the use of any recommended products. This advice is provided solely for information and must be confirmed by professionals.

This Site contains general information relating to various dermatological conditions. Such information is provided for informational purposes only and is not intended to replace discussions with a doctor or other qualified healthcare professionals. Additionally, the information contained herein should not be used for diagnosing a health condition. All decisions about the treatment and management of any conditions must be made with a healthcare professional, considering the personal medical history and circumstances of the individual. Any users of this Site should contact their doctor’s surgery or an appropriate health professional if they have any concerns about any aspect about their health.
Users agree not to:

    • Download, send, transmit by email or in any other way any content that is illegal, harmful, threatening, abusive, constituting harassment, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable;
    • Consult, display, download, transmit any content which would be contrary to the laws in force of the country in which the site is consulted and in particular as regards intellectual property;
    • Attempt to mislead other Users by usurping the name or corporate name of other people and more particularly by pretending to be an employee or an affiliate of the PHASILAB service, a moderator, a guide or a host;
    • Download, display, transmit by e-mail or in any other way any content including computer viruses or any other code, file, or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunications tool without this enumeration is not exhaustive;
    • Download, display, transmit by e-mail or in any other way any infringing content, any patent, trademark, trade secret, intellectual property right or any other property right (hereinafter collectively referred to as “the rights”) belonging to others;
    • Disrupt the normal flow of dialogues, speed up the pace of scrolling of the screen such that Users are unable to follow and type their dialogue or commit any action having a similar disruptive effect hindering the ability of Users communicate in real time;
    • Interfere with or disrupt the Service, servers, networks connected to the Service or refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the Service;
      Harass in any way another or several other Users;
    • Collect and store personal data, identification data relating to other Users.
      PHASILAB or any person or entity designated by PHASILAB, will be entitled to delete or withdraw any content that would violate the terms hereof and / or the regulations in force and / or would be reprehensible in any other way.
      Users also recognize that they must exercise discretion and bear all risks associated in their use of the Service, the Site.

ARTICLE 4 – INFORMATION ON THE SITE
4.1. Product and service information

Unless otherwise stipulated, the products and services presented on the Site constitute a general presentation of the PHASILAB range. This information is given only for informational purposes and is not contractual.

4.2. Using of advices given on the Site

Information is made available to Users within the Site. This provision doesn’t entail the transfer of any property rights attached to the information. Users are only granted a license to consult and use this information, on a non-exclusive basis and for their private use. As such, Users are prohibited from copying or reproducing all or part of the information by any means and on any medium, existing or future, to translate the information into any other language or language, to adapt the information.
PHASILAB cannot be held responsible for the consequences, direct or indirect and / or any damage which would affect as a result of defect or hacking of information. In addition, PHASILAB does not assume an obligation of result but of means as regards the information and advice which will be delivered to Users.
Finally, PHASILAB gives no explicit or implicit guarantee, and assumes no responsibility for the use of this information or advice. These are given for information only.

For any additional information and / or doubt, you can write to PHASILAB
By Email : contact@instantcosmetiques.com
By courier : PHASILAB
13 RUE DE LA BOISERAIE 13012 MARSEILLE

ARTICLE 5 – GUARANTEES AND LIABILITY
5.1 Liability


PHASILAB has made reasonable efforts to ensure the reliability of the information and services available on the Site, it will not be held liable for errors, omissions, viruses or results that may result from any use of the Site.
PHASILAB, their management and employees will not be liable:

      • For damage of any type resulting from a connection to, access to or use of this Site;
      • For damages that directly or indirectly result from a visit to this Site or the use of or reliance on the information it makes available;
      • For direct or indirect damages resulting from the use of this Site, in particular, any operational, financial or commercial loss or loss of programs or data in any information system, even if PHASILAB have been informed of the potential occurrence of such damages.

Without prejudice to the above, PHASILAB do not provide any express or tacit guarantee for all or part of the Site. PHASILAB disclaims all warranties, conditions, representations and own terms express or implied to the fullest extent permitted by law.
PHASILAB do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. PHASILAB will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any breach, you will be liable for any damages caused and your right to use the Site will cease immediately.

PHASILAB may initiate legal actions against visitors who do not respect the above.
The Site endeavors to maintain access to its pages on a continuous basis, but is not bound by any obligation to guarantee access by users. It may therefore interrupt access to the Site, in particular for maintenance and upgrading purposes. PHASILAB also reserve the right at any time and with no need to provide notice to suspend or even interrupt the availability of all or part of the present Site, including its comments space and, in particular, links to other Sites. PHASILAB may in no way be held liable for any interruption and the consequences that may result therefrom and impact on the user or a third party.

Furthermore, hypertext links may lead you to visit other external sites managed by third parties. PHASILAB have no control over these Sites and give no guarantee as to the information available on these other sites and accept no liability as to their content. You are solely responsible for any use of a link to any other site.

5.2. Modification or stopping of the site


PHASILAB strives to keep the Site accessible 7 days a week, 24 hours a day, but is under no obligation to do so. PHASILAB may therefore interrupt access to it, in particular for reasons of maintenance and upgrading. PHASILAB is in no way responsible for all of these interruptions and the consequences that may result for the User or any third party.

PHASILAB reserves the right to modify or delete the Site without notice, and without liability being incurred. The deletion or modification of the Site cannot in any way justify for Users a particular consideration, or an award of damages.


5.3. Guarantees 
Users expressly acknowledge and accept that:
their use of the Site and the Services is at their own risk. The Service is provided on the basis of an “as is” service and accessible according to its availability, PHASILAB does not provide any express or implicit guarantee relating to the quality and the compatibility of the Service for a specific use, and the non-violation of the rules of use of the Service by its Users (this list is not exhaustive).

PHASILAB does not guarantee that the Site and / or the Services will meet / meet their expectations; that it (s) will be uninterrupted, expedient, secure or devoid of any error; the results that can be obtained by using the services will be accurate and reliable; the quality of all the Services, information or any other material obtained by them on the Service will meet their expectations; that defects in the software used, if any, will be corrected.

Any material downloaded or obtained in any other way while using the Service is at their own risk. Users will be solely responsible for any damage to their computer or any loss of data resulting from the downloading of this material.

ARTICLE 6 – PERSONAL INFORMATION
PHASILAB hereby inform you that the personal information including any sensitive personal data which you may communicate on-line in connection with your use of, or registration, with the Site is intended for the sole use of PHASILAB or any other entity that belongs to the PHASILAB is responsible for the processing and safekeeping thereof.

PHASILAB undertake to take all reasonable measures available to it to protect the confidentiality of all personal information.

Any personally identifiable information in electronic communications to this Internet site is governed by this Site’s Privacy Policy. No personal data is collected without your knowledge. PHASILAB sometimes collect anonymous information, such as searches made. This information is used for statistical purposes only.

Subject to having received your prior consent, PHASILAB may send you direct offers or newsletters by electronic mail.

If you receive any marketing email from us including newsletters you may request the termination of such service at any time by following the instructions set out at the end of each such email.
The brands and logos used on the Site have been registered, their reproduction would constitute an infringement. All rights of use are reserved. In accordance with article L.122-4 of the intellectual property code, any representation or reproduction not expressly authorized, in whole or in part, and by any means whatsoever, would be illegal and would constitute an infringement punishable by articles L. 335-2. and following of the intellectual property code.
The User is not authorized to sell, copy, rent, market, transfer, assign, or otherwise sub-grant, modify, adapt the Site, merge it in whole or part into another software, translate it, decompile it, disassemble, or create any software, any functions derived from the Site without the express written permission of the Publishing Director.
Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the Intellectual Property Code.

ARTICLE 7 – HYPERTEXT LINKS
The User is informed that PHASILAB may provide links to websites and / or applications belonging to it. These websites and / or applications are independent of the Site.
PHASILAB does not edit or control the sources and content of these websites or their links to other websites and / or applications.
The links to these websites and / or applications do not in any way constitute an approval, validation or adhesion of PHASILAB to the content of these websites and / or applications and, a fortiori to the use that could be made of them.

Consequently, PHASILAB cannot be held responsible for the content, products, services, advertising, cookies or other elements of these websites as well as for any damage or loss, proven or alleged, consecutive or in connection with the ” use of this information, services or data available on these websites and / or applications.

The creation of hypertext links on the Site can only be done with the prior written permission of PHASILAB. Any request for authorization should be sent to the following contact address: contact@instantcosmetiques.com

ARTICLE 8 – COOKIES POLICY
For more information on the use of Cookies on the Site, PHASILAB invites Users to consult the Cookies table accessible at the following address: https://instantcosmetiques.com/en/privacy-policy/

ARTICLE 9 – NON WAIVER AND PARTIAL NULLITY
In the event that any provision of the Terms is null and void by a change in legislation, regulation or court decision, this doesn’t in any way affect the validity and enforceability of the other provisions of the Terms.

The fact that one of the Parties does not avail itself of any of the provisions of the T & Cs may not constitute a waiver of subsequently availing itself of this same provision.

ARTICLE 10 – MISCELLANEOUS
To the extent that a provision of the Terms would lose its validity or if they should contain a gap, the provision in question would be replaced by the one which would come closest to it from the point of view of legal interpretation.
The Users declare and acknowledge having read the Terms and the use of the Site constitutes on the part of the Users a total and unconditional acceptance of all the Terms.
For any question concerning the Terms, or any question or remark about the Site or its User Account, Users can write to the following address: contact@instantcosmetiques.com.

ARTICLE 11 – MODIFICATION OF TERMS AND CONDITIONS
The Terms are subject to change at any time by PHASILAB. These modifications will be notified to Users. Any use of the Site after notification of a modification will constitute acceptance of the Terms. The applicable Terms will then be those in force on the Site on the date of their use by a User. In the event of disagreement on changes to the Terms, the User agrees not to access the Site.
In the event of a translation of the T & Cs, only the French version is valid and applicable.

ARTICLE 12 – LOI APPLICABLE ET TRIBUNAUX COMPETENTS
The Terms of Use are governed by the laws of France
Any dispute that arises in connection with the Terms will be submitted to mediation, prior to any legal or arbitration action. If mediation fails, the dispute will be brought before the competent French court.

Last update 12/03/2021