Between the Pharm'Azur Company, XXX rue XXX, XXXXX XXX, with a Share Capital of € 1,000, registered in the Trade and Companies Register of XXX, under the SIRET number XXXXXXXXX, represented by Mr. XXX XXX as Manager, duly authorized for the purposes hereof.
The company can be reached via the contact form.
Hereinafter the « Seller » or the « Company ».
Firstly,
And the natural or legal person proceeding with the purchase of products or services of the Company,
Hereinafter, the « Buyer », or the « Customer »
On the other hand,
It was stated and agreed as follows :
PREAMBLE
The Seller sells cosmetic products and medical devices intended for consumers and / or professionals acting exclusively within the framework of their professional activity, via his website (https://filler-france.com). The Customer undertakes that the medical devices purchased will only be used by authorized medical personnel in accordance with the applicable local regulations. The Company can not be held responsible for use outside the medical setting. The list and the description of the goods proposed by the Company can be consulted on the aforementioned site.
Article 1 : Object
These Terms of Sale (hereinafter the "ToS") determine the rights and obligations of the parties in connection with the online sale of products offered by the Seller.
Article 2 : General provisions
These Terms and Conditions apply to all product sales made through the Filler-France website which is an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable ToS then are those in force on the date of payment of the order. These terms and conditions are available on the Filler-France website by clicking here. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all these ToS and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Price
The prices of the products sold through the Filler-France website are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Filler-France website are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4 : Conclusion of the contrat online
The Customer must follow a series of steps specific to each product offered for sale by the Seller to fulfill his order. However, the steps described below are systematic :
- Information on the essential characteristics of the product ;
- Product choice ;
- Indication of the essential data of the Customer (identification, address ...) ;
- Acceptance of these Terms of Sale ;
- Verification of the elements of the order and, if necessary, correction of the errors ;
- Follow-up of instructions for payment ;
- Payment of products ;
- Delivery of products.
The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Products and services
The essential characteristics of the goods, services and their respective prices are made available to the Buyer on Filler-France website. The Customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of the stocks of products available only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in English. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the products' offer and their prices is specified on the Filler-France website. Unless otherwise specified, the rights granted hereunder are granted only to the physical person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested using the contact form to obtain the express and prior agreement of Filler-France and can only relate to the undelivered or defective products and not the entire order.
Article 6 : Property
The products remain the property of the Company until full payment of the price.
Article 7 : Terms of delivery
The products are delivered to the delivery address that was indicated when ordering. The indicated delivery time does not take into account the time of preparation of the order which is 2 working days. In case of delay of shipment due to a total or partial unavailability of a product, Filler-France will inform you by email of this unavailability and will give you the possibility :
- Or, if you accept, to be delivered from the date of availability of the ordered product ;
- To be refunded the price of the product.
In case of late delivery, the Customer may report it to the Seller via the contact form, the Company undertakes to open a claim file with the transport provider (find indicative delivery times and processing times of a postal complaint file here). The Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to the refund of the product and shipping charge under the conditions of Article L 138-3 of the Consumer Code. Seller provides a link in the order confirmation email to track the order. The Seller reminds that when the Customer physically takes possession of the products, the risk of loss or damage to the products are transferred to him. It is the responsibility of the Customer to notify the carrier of any reservations about the delivered product and to inform the Seller via the contact form in order to engage the responsibility of the transport provider. Otherwise, the Customer will have to assume the exclusive responsibility of the possible consequences of the absence of reserves.
In case of return to the sender due to an incomplete or incorrect address provided by the Customer or due to a refusal of customs following the prohibited import of certain products; Upon receipt of this return, the Seller refunds the only products returned in perfect original and complete condition (packaging, accessories, instructions ...) so that they can be remarketed in new condition, to the exception of shipping costs.
Article 8 : Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period of more than five working days, you will be immediately informed of the foreseeable delays of delivery and the order of this article can be canceled on simple request. The Customer may then request a credit for the amount of the item or its refund.
Article 9 : Payment
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card or bank transfer. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Client, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his/her bank details at the time of the sale, the Customer authorizes the Seller to debit his/her card the amount relating to the price indicated. The Customer confirms that he/se is the legal owner of the card to be debited and that he/se is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 10 : Retractation period
In accordance with Article L. 121-20-12 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of retractation without having to justify reasons or to pay penalties, to the exception, where applicable, return costs. The period mentioned in the preceding paragraph runs from the receipt of goods. The right of retractation can be exercised by contacting the Company via the contact form. In the event of exercise of the right of retractation within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the cost of return will be borne by the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard form of retractation to send us via the contact form. In accordance with Article L. 121-20-1 of the Consumer Code, "the trader is required to reimburse the consumer for all amounts paid, as soon as possible and at the latest within thirty days following the date on which which right has been exercised ". The refund will be made on the means of payment used during the payment of the order and the Customer may be required to communicate his bank details (IBAN and BIC) when it was made by bank transfer.
Article 11 : Guarantees
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The refund request must be made via the contact form. Seller recalls that the consumer :
- has a period of 2 years from delivery of the goods to act with the Seller;
- that he may choose between replacement and repair of the property subject to the conditions provided for by the aforementioned provisions.
- that it is not necessary to prove the existence of the lack of conformity of the good during the 2 years following the delivery of the good;
- that the consumer can also, after having proved the existence of the latent defect, assert the guarantee against the latent defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose to return the product and ask for a refund of the price paid or keep the product and ask for a reduction of the selling price (provisions of articles 1644 of the Civil Code).
Article 12 : Complaints
If applicable, the Buyer may submit any complaint by contacting the Company using the contact form.
Article 13 : Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the property of the Seller and / or his suppliers. No assignment of intellectual property rights is carried out through these ToS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14 : Force majeure
The performance of the Seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 15 : Nullity and amendment of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parts.
Article 16 : Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these ToS, you agree that we collect and use this data for the realization of this contract. By entering your email address on Filler-France website, you will receive emails containing information about your orders and, if you have subscribed to our newsletter, you will receive promotional offers concerning products sold by the Company. You can unsubscribe at any time. All you need to do is contact us via the contact form.
Article 17 : Applicable law
All the clauses appearing in these ToS, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French law.
ToS created on the basis of the model availabe here