1. GENERAL
This site is published by the company EPILODERM FRANCE, (company with a capital of €20 registered in the Nantes Trade Register under number 000 481 372, SIRET number 985 with its head office in Clisson).
These general conditions of sale apply exclusively to online purchases made by a consumer hereinafter referred to as "the customer" on the site www.epilodermetvous.com hereinafter referred to as "the site" within the framework of the regulations of the Distance Selling.
We strive to ensure to the best of our abilities the accuracy and updating of the information published on the site, of which we reserve the right to adapt or modify, at any time and without notice, the content both concerning offers, prices and general conditions of sale. Each order is governed by the provisions in force on the day it is placed.
This command implies that you agree the general terms of the sale. Any order with online payment will only be taken into consideration after acceptance of payment by the GIE bank cards.
The parties agree that the contract is subject to French law, the language of the general conditions of sale being French.
Epiloderm France informs the consumer of all the essential characteristics of the products marketed (compositions, colors, descriptions, price). These characteristics appear in support of the photograph illustrating the offer. The photos illustrating the products do not enter into the contractual field. The consumer acknowledges that the photograph illustrating the product on the internet is only indicative. Alterations may appear due to the processing of the photograph.
2 – PRODUCTS
The products offered for sale are those which appear on the site, on the day of the consultation of the site by the customer within the limit of available stocks. However, the photos are not contractual. They are only offered as an indication for the consumer. The customer has the option of contacting Epiloderm France to obtain additional information at contact@epilodermetvous.com.
3 – PRICE OF PRODUCTS
The selling prices of the products appearing on the site are indicated in euros, all taxes included for individual customers, excluding any delivery and processing costs for your order.
The products are subject to French VAT, the country of departure of the products.
Delivery costs are the responsibility of the customer and are invoiced in addition to the selling price of the products. Delivery costs vary according to the weight of the packages to be delivered and the total amount of the order.
The customer will always be informed before the final registration of his order of the delivery costs related to his order (except for large Export), and payment will be requested from the customer for the total amount of the purchase, including the prices of the products. ordered plus delivery charges. Thus, the confirmation of payment agreement for the order by the customer implies that the latter agrees to pay the related delivery costs. Delivery costs cannot therefore constitute a valid reason for questioning the order after its final registration.
EEC: EEC Regulation of January 27, 1992 relating to administrative cooperation in the field of VAT (OJ of February 4, 1992): all our professional customers (France excluded) dependent on the EEC must indicate their intra-Community identification number when placing their order, in order to be invoiced excluding taxes.
In the event of delivery of products outside French territory, customs taxes and formalities are the sole responsibility of the customer, unless otherwise indicated. The customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
4 - ORDER
The ordering process complies with the provisions of article 1369-5 of the Civil Code. Any Internet user wishing to validate his order must identify himself by completing the appropriate form provided on www.epilodermetvous.com. This identification is done in strict compliance with the amended Law 78-17.
The information provided by the buyer when taking the order is binding on him. In the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering.
After having checked the content of his order, as well as the total cost thereof (products ordered, shipping costs), and corrected any errors, the Internet user will confirm it definitively.
This confirmation will be worth conclusion of the contract.
The contractual information will be the subject of a confirmation e-mail sent to the customer no later than the end of the withdrawal period and subject to the provision by the customer of a valid e-mail address, not making the object of any restriction of use (professional e-mail address for example).
To pay for his order, the customer has his choice of all the payment methods referred to in the ordering process and presented on the site. And the customer guarantees, therefore, that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
- AVAILABILITY
Epiloderm France does not guarantee the availability of all products in real time, non-stocked products will be sent to the customer as soon as possible.
In case of unavailability of all or part of the order, the company Epiloderm France will immediately notify the customer by telephone and/or e-mail to the contact details indicated by the customer in his order form. Epiloderm France undertakes, at the customer's request, at the latest within fifteen (15) days of the order, to deliver the product or to reimburse the full amount paid by the latter for unavailable products.
Customers to whom the aforementioned choice has been offered by Epiloderm France must make a decision within forty-eight (48) working hours, failing which restitution will be made in the form of a refund.
The aforementioned reimbursement and/or credit note are liberating and the customer acknowledges that these are worth full compensation for any loss.
- Order confirmation
In accordance with the law of March 13, 2000 on the validity of the electronic signature, the validation of an order is carried out by checking the box "I have read the General Conditions of Sale and I accept them" and by clicking on the button " Validate my order ". This validation constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payment of the sums due in execution of the said order.
Orders placed on the site are firm and final for the customer upon validation of the order or receipt of any document indicating an order. Due to the proliferation of fraud, the customer's IP address is recorded for all orders and systematic control of orders is carried out by Epiloderm France, which may refuse and cancel an order for a legitimate reason (customer details not verifiable, unusual quantities ordered, mismatch between the customer's IP address and the nationality of the means of payment used, etc.) without having to justify it. Furthermore, Epiloderm France reserves the right to refuse and cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. In this case, the payment of the order will not be effective and the amount will not be debited from the customer's account. Finally, Epiloderm France reserves the right to refuse and cancel any order for which a malfunction of the computer system would have led to a flagrant and manifest error in the invoicing of the products (abnormally low price, erroneous automated calculations, erroneous quantities, etc.). In this case, the order will be canceled and the amount of the latter will not be debited from the customer's account or will be refunded within a maximum of 48 hours.
Once the order has been confirmed and paid for, no modification can be accepted and no article can be added or subtracted from it, the payment being worth final acceptance of the order.
- proof of order
The data recorded by Epiloderm France constitutes proof of all transactions between www.epilodermetvous.com and its customers. In accordance with article 1348 of the Civil Code, the archiving of purchase orders and invoices will be carried out on a reliable and durable medium that can be legally produced in the event of a dispute.
- Order method
Epiloderm France offers you to order its products www.epilodermetvous.com 7 days a week, 7 hours a day. To follow the realization of your order, to exercise your right of withdrawal and to exercise the guarantee, please send us an email at contact@epilodermetvous.com.
- Tariffs
Any order placed on the site and delivered outside mainland France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and these possible taxes, related to the delivery of an article, are your responsibility and are your responsibility. We are not required to verify and inform you of applicable customs duties and taxes. To know them, we advise you to inquire with the competent authorities of your place of residence.
- Best before date
The products sold on the site have a DLUO (optimal use-by date) of approximately 12 months.
5 - PAYMENT
On www.epilodermetvous.com, products, services and participation in shipping costs are payable when ordering.
Payment for your purchases on the website is made exclusively in Euros and paid by bank card (Carte Bleue, Visa or Eurocard / Mastercard, etc.).
Payment by credit card is made online when the order is placed and is completely secure. We guarantee secure payment on the Internet thanks to our partners Société Générale and Payboxe. Your personal data is encrypted under SSL (Secure Socket Layer) by your own computer before any transmission to the Web. All the information contained in the messages therefore never circulates unencrypted on the Web. When the payment is secure, we can see the HTTPS concept appear.
6 - DELIVERY
- free of delivery
Delivery is free for any purchase on the site exclusively in metropolitan France. Delivery is free for the DOM-TOMs, countries of the European Union (excluding metropolitan France) and countries outside the European Union when your order reaches €98,90 incl. VAT of total products (excluding delivery costs).
For orders less than €98,90 including tax (DOM-TOM, EU countries, non-EU countries) the shipping costs will be €15,90 including tax.
- Delivery locations
The shipping costs are identical throughout mainland France by parcel post, with additional costs for the DOM-TOMs, Europe and countries outside Europe.
- Delivery times and options
Orders are processed and confirmed within 2 working days and delivered within a maximum of 2 to 3 working days (Metropolitan France), the deadlines will be longer given the distance for orders in the DOM-TOM, in Europe and for countries outside Europe.
- Partial shipment
We do not make partial shipments since the calculation of shipping costs is made on the basis of a single shipment.
However, if the customer wishes to speed up the delivery by sending part of his order, he will have to make the request and pay an additional shipping cost.
- Delivery tracking
The customer will be notified by successive e-mails of the different processing states of his order. The customer will have a parcel tracking number which will allow him to follow his parcel on the carrier's site.
In the event of the customer's absence at the time of delivery, a transit advice note from the carrier is left in the mailbox inviting him to collect it from the post office closest to the delivery address. The customer's package will remain pending for 15 days in the post office. After this time, it will be returned to the sender. In this case, the customer will have to pay the costs of reshipping the package if he requests a new shipment.
Receipt of the package on delivery
The customer agrees to accept the order either in person or through another person to whom he has given a written mandate. The customer also undertakes to facilitate the mission of the carrier, in particular by indicating - during the validation of the online order - all the data useful for the proper delivery of the order to his home (in particular by transmitting, on this occasion , any access codes, additional addresses and others). Any delay in delivery that would be due to a breach by the customer in its contractual obligations, in particular those mentioned above, cannot give rise to any compensation.
Upon delivery, the customer must check the condition of the packaging of the package and the contents of the order, in accordance with the delivery note delivered with the package, and open the package in the presence of the carrier.
If the package or the product is damaged, the customer has the option of accepting or refusing the package. In both cases, the customer must check the condition of the package in front of the carrier and make reservations on the delivery note in the event of damaged package/product(s). The customer must then, within 48 working hours, report it by email to expedition@epilodermetvous.com After this period and/or without reservations expressed on the delivery note, the customer and cannot be the subject of dispute concerning his delivery. Upon delivery, reservations must be precise and justified in the event of damage or missing items. The general reserves of the type “subject to unpacking” being insufficient.
- Late delivery
Epiloderm France cannot be held responsible for exceeding the expected delivery time indicated on the store's website. The delay in delivery cannot give rise to any payment of damages.
In case of delay, the customer must contact customer service by email at expedition@epilodermetvous.com
This complaint will allow Epiloderm France to carry out an investigation with the carrier which can last a maximum of 7 working days. After this period, if the products are not found, Epiloderm France will redirect the order to the customer's delivery address, indicated when ordering.
In the event of a delay in delivery of more than 7 days, please inform Epiloderm France by contacting customer service or by sending an email to expedition@epilodermetvous.com. If the delay in delivery exceeds by 7 days the delivery date scheduled during the ordering process, you can proceed to the resolution of this, according to the methods indicated in the article “Right of rescission”.
- Transfer of risk
If you are an individual, the transfer of risk occurs when the products are delivered to the delivery address you have provided or when the package is collected from the carrier.
7 – RETURN OF PRODUCTS
- Return price information
Concerning deliveries in Metropolitan France, DOM-TOM, EU Countries, Non-EU Countries, the return costs are the responsibility of the buyer. Epiloderm France does not cover the return costs. Except responsibility of Epiloderm France.
- Return Authorization
Before returning any product, the customer must first contact customer service by email or by post to obtain a return authorization and learn about the return procedure.
The customer must complete the product return request form, available on the store's website in order to return the product. The company will make its best efforts to enable the customer to benefit from treatment as soon as possible.
In the event of a breach of the return procedures (product used, product returned without original packaging, deadline exceeded, etc.), no return will be accepted for any reason.
- Right of withdrawal
The right of withdrawal only applies to consumers, i.e. natural persons contracting for purposes which do not fall within the scope of their commercial, industrial, craft or liberal activity, their business or of their profession.
Epiloderm and You allows each customer to have a period of 14 days from the date of receipt of the order to return the purchased product.
To exercise this right, you must within this period inform us of your decision to withdraw (please complete the withdrawal form below), for example by post or by e-mail to the address expedition@epilodermetvous.com.
This product must be returned with return authorization, in its original packaging (duly sealed), with its accessories if applicable, and must not have been opened, used or damaged. Any return that does not comply with these conditions will not give rise to any refund or credit.
No spontaneous return, without the agreement of Epiloderm France, will be accepted.
It should be noted : Return within 14 days of delivery of the order (as evidenced by the postmark): the price of the product will be refunded without penalty in cash, within 15 days, either by crediting the bank card used for payment as part of a credit card payment, either by check or bank transfer.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In particular, a product whose packaging has been damaged during the return will not be accepted.
The package must be reshipped within 14 days of the communication of your decision to withdraw to the following address : Epiloderm France, 7 rue des filatures, 44190 Clisson.
We undertake to exchange it for you or, if you wish, to refund it to you as soon as possible and at the latest within 14 days from the information of your decision to withdraw, the refund may however be deferred until collection by us of your product or proof of its shipment. In all cases, it will intervene according to the following modalities:
– The package is returned in its entirety, we will refund the price of the package and any shipping costs (standard delivery rate), return costs at your expense.
– The package is not returned in its entirety (you keep one or more of the items ordered), we will refund the price of the returned product(s), any shipping costs are not refunded, the return costs remaining at your expense.
– The product is returned because of our responsibility, we reimburse you for the product, any shipping and return costs.
- Right of rescission
In accordance with article L. 121-20-3 of the consumer code, we indicate to you when placing your order the expected date of delivery of the latter. In the case of an overrun of 7 working days from this delivery date (except in cases of force majeure within the meaning of the Law), you will have the option of pronouncing the cancellation of your order by Registered Letter with Acknowledgment of receipt within 60 days from the original delivery date. In this case, we will reimburse you for all the sums paid (excluding any return costs), and this within a maximum period of 14 days following receipt of your LRAR.
- Damaged product received on delivery
If the package or product is damaged, the customer has the option of accepting or refusing the package. In both cases, the customer must check the condition of the package in front of the carrier and make reservations on the delivery note in the event of damaged package/product(s). The customer must then report it within 48 working hours by email.
The complaint will not be processed until the customer has satisfied the said terms and conditions, in compliance with the contractual and legal deadlines.
After this period and/or without reservations expressed on the delivery note, the customer and cannot be the subject of dispute concerning his delivery.
- Delivery address error
A return of the customer's package for NPAI (does not live at the address indicated) can be linked to:
- An error in entering the delivery address by the customer when registering his order. In this case, if the customer wishes to maintain his order, he must indicate to customer service his corrected delivery address and pay the delivery costs of this new shipment. If the customer wishes to cancel his order, the shipping costs of his order will not be refunded.
- An order preparation error. If the customer wishes to maintain his order, it will be returned to him free of charge. If the customer wishes to cancel his order, Epiloderm France will refund the customer the full amount of his order.
- Incomplete or non-compliant delivery (from Epiloderm France)
Despite the care we take in preparing orders, it is possible that a product is missing from a package, or that an error has occurred during preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours of receipt of the order. This report can be made by email to the following address expedition@epilodermetvous.com.
8 – RESPONSIBILITY
Epiloderm France is responsible for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
Epiloderm France cannot be held responsible for the non-performance of the contract concluded following the occurrence of an event of force majeure (as defined by law) and in particular in the event of a total or partial strike by postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due, unforeseeable and insurmountable, to a third party unrelated to the provision of the services provided. With regard to products purchased to meet professional needs, Epiloderm France will not incur any liability for any consequential damages as a result of these operating losses, loss of profit, damages or costs, which may arise.
The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of Epiloderm France, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal.
9 – IT AND FREEDOM
The information requested from the customer is necessary for the processing of his order and may be communicated to the contractual partners of Epiloderm France involved in the execution of this order.
The customer can write to the company Epiloderm France to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company Epiloderm France under the conditions provided for by the law of January 6, 1978.
10 – INTELLECTUAL PROPERTY
The elements published on the Epiloderm France site including in particular logos, registered trademarks, texts, photographs or diagrams constitute works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this site is therefore prohibited without the express and prior agreement of the holders of these rights, and would constitute an infringement punishable by the provisions of the Intellectual Property Code and/or a tort of nature to engage the civil liability of violators of the aforementioned rights.
11 – ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these General Conditions of Sale.
12 – LAW AND DISPUTES
The parties agree that the contract is subject to French law and that only French courts are authorized to manage these disputes, the language of the General Conditions of Sale being French. Any disputes between Epiloderm France fall within the jurisdiction of the Commercial Court of Nantes, notwithstanding multiple defendants and/or warranty claims, even for emergency procedures or protective procedures in summary proceedings or by request.
It is also agreed that in the event of a potential dispute, the parties will make every effort to find an amicable solution.
13 – COMPANY AND CUSTOMER SERVICE DETAILS
Head office: Epiloderm France, 7 rue des filatures 44190 Clisson / contact@epilodermetvous.com
14 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Given the novelty of the WebEpiloderm and You site and its possible changes, Epiloderm France reserves the right to adapt or modify these general conditions at any time. The new general conditions of sale will only apply to orders made after the modification.
15 – MEDIATION
The Purchaser is informed of the possibility of resorting to consumer mediation for disputes that may arise in connection with the sale of Epiloderm France products.
Referral to the mediator is only possible if the Buyer has already contacted Customer Service and has not obtained an answer or satisfaction to his complaint.
The European Commission offers a one-stop shop for consumers and professionals wishing to resolve, out of court, disputes arising from online transactions. This service is accessible at the following address: http://ec.europa.eu/odr.
If you have any questions regarding the resolution of any dispute, please contact our Customer Service by mail or email.