Terms and conditions of sales

Preliminaries

 The terms below will have the following meanings:
“customer”: refers to the natural person, of legal age and legally competent, or legal person using the services offered by CosméJob s.a.r.l for the requirements of its professional activity.
“CV”: refers to the summary of the qualifications and skills which a candidate claims to have.
“personal data”: refers to the personal information which the Customer gives when registering and/or provides in the framework of the use of the services.
“Intellectual Property Rights”: refer to the brands, trade names, software, domain names, copyright, company names, designs and models, patents, rights to data bases or any other rights to intellectual property used by CosméJob s.a.r.l and necessary for its activities as a service provider.
“user ID”: refers to a series of numbers or letters given to all Customers when they register.
“services”: refers to all the services provided by CosméJob s.a.r.l, via its website www.cosmejob.com, i.e.:
-the posting of job and work placement offers by customers.
-access to the library of CVs and the advertising banners posting

 

Article 1 – The Contract

 The aim of these terms and conditions is to define the terms of use of the services provided by CosméJob s.a.r.l.
This framework contract from CosméJob s.a.r.l is the only legally binding contract between the parties (apart from subsequent agreements concluded between the parties), in such a way as any agreement or written document dated prior to and contrary to the measures of this contract and of documents thereafter, shall not be considered as binding on CosméJob s.a.r.l.
 

Article 2 – The Order

- Definitive Commitment: after validating the request to activate an ad using the form "New Listing"
- Effective date of contract: Ads are posted on www.cosmejob.com within 24 hours

Article 3 – Price and Terms of Payment

Prices given are exclusive of tax and are those in force on the date of the order. In the event of a tacit renewal of the contract, the price in force on the date of the renewal is the price imposed on the parties. CosméJob s.a.r.l. reserves the right to modify the prices and terms of use as long as this does not affect ongoing contracts.

An invoice is established and sent to the Client on the day of services used activation (publication of the job/work placement offers and/or access to the CV library and/or the use of additional services). 

The payment of the invoice must be made within 7 days of its issue.

Any delay in payment automatically leads, without prior notification, to the payment of penalty interest at the rate of 1% per month as from the due date. If the recovery of debts requires the intervention of our legal department or any other debt recovery agent, a fixed sum equal to 15% of the amount invoiced inclusive of taxes will be added to the debt as a penalty. The VAT rate and applicable taxes are those imposed by legislation in force on the date the contract is concluded. 
 

 

Article 4 – Duration of the Contract

 The contract is concluded for the fixed duration stipulated on the terms and conditions of the purchase order.

Article 5 - Malfunctioning

  In the event of the occurrence of a service outage leading to a temporary, total or partial malfunctioning of one or all of the services provided by CosméJob s.a.r.l., the latter will take all necessary steps in order to determine the cause of the incident and enable the site to function again.
It being understood that CosméJob s.a.r.l reserves the right to suspend, for the duration of the service outage, any link to the pages of its internet site.
Beyond a period of 30 days of suspension, the parties are able to terminate, with immediate effect, this contract if the service outage persists at the date of notification of the termination (recorded delivery letter with acknowledgement of receipt). However, the technical failure of the CosméJob s.a.r.l website cannot give entitlement to any legal claim, notably, for the purposes of execution and/or compensation.
If it transpires that following a service outage, the CosméJob s.a.r.l website is permanently disrupted, the company will inform its co-contracting party as soon as possible, by recorded delivery letter with acknowledgement of receipt, in order to declare the termination, with immediate effect, of this contract.
As is the case for a temporary disruption, the permanent disruption of the service resulting in the decision to terminate this contract excludes any right to legal claims against CosméJob s.a.r.l.

 

Article 6 - Obligations and Liabilities

  - Relating to the Customer:
1 – The Customer expressly declares that it holds all the necessary rights and authorisations for the publication of any advertisements on the CosméJob s.a.r.l website, in any format including electronic, following its order.
2 – The customer undertakes to respect the legislation in force and to ensure that the content of the advertisement contains no accusation or harmful defamatory or discriminatory allusions with respect to anyone whosoever. CosméJob reserves the right to refuse any job offer which is not compatible with the objective of the website, in particular, if it transpires that the said job offer is not related to the cosmetics industry (excluding distribution) or that the content of the offer is incompatible with the law, practices of the profession or the market requirements.
3 – The customer shall release CosméJob s.a.r.l from all liability it could incur with regard to the form or the content of the job offers, shall indemnify the company against any harm it may suffer and protects it against any dispute, claim or action whatsoever relating to the content of the advertisements and/or relating to their publication and shall take sole responsibility for any dispute or claim in this respect.
4 – The customer undertakes to follow up the applications in response to the job and work placement offers, for which it has ordered the advertisement on the website www.cosmejob.com and to do so as soon as possible. The customer also undertakes to inform CosméJob s.a.r.l when the advertisement is no longer relevant in order for it to be removed.
- Concerning CosméJob s.a.r.l:
1 – CosméJob s.a.r.l is bound by an obligation of means. It cannot guarantee the availability of a candidate, the fact that he/she is free of any commitments, the quality of a recruitment, etc.
2 – CosméJob s.a.r.l in no way guarantees the reality of the content of the information contained in a CV posted online. CosméJob s.a.r.l requires candidates who post a CV online to sign a statement of truthfulness but does not have the means to verify the accuracy of the qualifications and the skills of the candidate.
3 – CosméJob s.a.r.l is subject to civil liability only if a serious breach is attributed to it, or if it is exclusively and directly at the origin of material damage. In this context, and all things considered, CosméJob s.a.r.l shall only be held liable for compensation for the loss suffered by the Customer up to an amount which does not exceed the amount exclusive of tax of the price of the contract, which therefore constitutes a compensation limit, all claims considered.
 

Article 7 – Security and the Use of Confidential Codes

 All the elements enabling the customer to identify itself and to access the services are personal and confidential and may only be modified upon written request by the Customer.

Article 8 - Termination Clause

 The defaulting party must be sent (by recorded delivery mail with acknowledgement of receipt) formal notification by the other party with the aim of resolving the noted breach.
If the breach persists for a period of 15 days following the date of reception of the above-mentioned formal notification the wronged party may then consider this contract as terminated. This termination must be declared through notification by a recorded delivery letter addressed to the defaulting party.
However, in the event of a serious breach by one of the parties, or in the event of the occurrence of a breach which it has transpired the defaulting party will not be able to resolve within the 15 day period, the other party may then consider this contract as being terminated exclusively following the notification by letter to terminate the contractual relations (by recorded delivery mail with acknowledgement of receipt).
In all cases, the termination of the contract takes effect at the date of the presentation of the letter terminating the agreement to its recipient.
 

Article 9 – Applicable Law

 Any dispute between the parties will be governed by French law.

 

Article 10 – Intellectual Properties

  CosméJob.com is a protected original creation. Any violations of copyright relating to this website may be subject to civil and criminal proceedings.

 

Article 11 - Jurisdiction Clause

 The Commercial Court of Paris has sole jurisdiction over any disputes opposing CosméJob s.a.r.l to its Customers whatever, in particular, the location in which the order is placed or payment made.

Article 12 – Data Protection and Civil Liberties

 All the services of the CosméJob.com server are the subject of a prior declaration to the CNIL (French Data Protection Authority) under the number: 1384880
In accordance with the Data Protection and Civil Liberties law of 6th July 1978, confirmed by the EU directive no.95/46 of 24th October 1995, the customer or the candidate may consult the data relating to them, to change them, complete them if necessary and if they wish, to terminate their registration and have all related data deleted.