Terms and conditions
Between the company POLIDIS Laboratory, 8 rue des Goncourt, 75011 Paris, with a share capital of €50000, registered in the Paris Trade and Companies Register under number 490 748 167, represented by Mr Bertrand VIGNAUD, in his capacity as Managing Director, duly empowered to this effect. The company can be contacted by email via the contact form, which is available on the homepage of the website.
Hereinafter the “Vendor” or “Company”.
On the one hand,
And any natural or legal person intending to purchase goods or services from the company, Hereinafter, the “Buyer” or “Client”
On the other hand,
The following has been agreed:
The Vendor manufactures health goods and provides services to health professionals and/or consumers, marketed via its Internet websites (http://www.nociceptol.fr; http://www.polidis.fr; http://www.monfuturbebe.com ).
The list and description of the goods and services offered by the Company are available on the above-mentioned websites.
Article 1: Purpose
These Terms and Conditions of Sale define the rights and obligations of the parties in connection with the online sale of goods offered by the Vendor.
Article 2: General provisions
These Terms and Conditions (T&Cs) apply to all sales of goods made via the Company’s Internet websites that are included in the contract between the Buyer and the Vendor. The Vendor reserves the right to change these Terms and Conditions at any point by publishing a new version on its Internet website. The T&Cs applicable will therefore be those in effect on the date of payment (or of the first payment if several are being made) of the order. These T&Cs are available on the Company’s website at the following address: https://www.nociceptol.fr/cgv. The Company also ensures that their acceptance is clear and without reservation by setting up a check box and approval click. The Client declares to have acknowledged these Terms and Conditions and, where appropriate, the Specific Terms of Sale related to a good or service and to have accepted them with no restriction or reservation. The Client acknowledges that they have received the necessary advice and information to be sure the offer meet their needs. The Client declares that they are capable under French law of entering into a contract or representing the natural or legal person whom they serve. Unless proven otherwise, the information registered by the Company constitutes proof of all transactions.
Article 3: Prices
The prices for goods sold on the Internet websites are given in euros including all taxes (VAT + any other taxes) on the order page but do not include specific shipping costs. Customs duties, other local taxes, import duties and state taxes may be due in certain cases. These taxes and fees are not the responsibility of the Vendor. They will be borne by the Buyer and are their sole responsibility (declaration, payment to competent authorities, etc.). To this end, the Vendor asks the Buyer to seek information from the relevant local authorities. The Company reserves the right to change prices at any point for the future. The telecommunication costs required to access the Company’s Internet websites will be borne by the Client. Where necessary, they will also cover the delivery fees.
Article 4: Conclusion of the contract online
The Client will need to follow specific steps for each good offered by the Vendor to be able to make an order. However, the steps outlined below are systematic:
➢ Information on the key features of the good;
➢ Selection of goods desired, if any, and provision of the Client’s essential data (name, address…);
➢ Acceptance of these Terms and Conditions of Sale.
➢ Checking of order details and correction of any mistakes.
➢ Payment instructions to be followed and payment to be made for goods.
➢ Delivery of goods. The Client will then receive payment confirmation via email and an order receipt. Goods to be delivered will be sent to the address provided by the Client. In order to successfully complete the order, in accordance with Article 1316-1 of the French Civil Code, the Client undertakes to provide accurate identification details.
The Vendor reserves the right to reject the order, for example, in the case of an irregular request made in bad faith or for any legitimate reason.
Article 5: Goods and services
The Buyer will find the key features of the goods, services and their respective prices on the company’s websites. The Client confirms that have received details of the delivery fees and the terms of payment, delivery and conclusion of contract. The Vendor undertakes to fulfil the Client’s order only as long as stocks last. Failing this, the Vendor will inform the Client. This contractual information is available in detail and in French. In accordance with French law, they will be summarised and validated when the order is confirmed. The parties agree that the illustrations and photos of the goods for sale have no contractual value. The period for which the offer of goods and their prices remain valid is specified on the Company’s websites, as well as the minimum duration of contracts offered, when they involve the continued or periodic supply of goods and services. Except where other special conditions apply, the rights set out in these terms are granted exclusively to the natural person signing the order (or the owner of the email address provided). In accordance with the legal provisions regarding conformity and hidden defects, the Vendor will refund or exchange the faulty goods or those which do not correspond to the order. A request for refund may be sent to the Company by registered mail with acknowledgement of receipt to the following address: POLIDIS Laboratory – 38/40 Rue victorien Sardou – 92500 Rueil-Malmaison (France).
Article 6: Title retention clause
The goods remain the property of the Company until the price has been fully paid for.
Article 7: Terms of delivery
The goods will be sent to the delivery address indicated when the order was made, within the given timeframe. This timeframe does not take the order preparation time into account.
If the Client orders several goods at the same time, they may have different delivery times depending on the processing time needed by the courier contracted by the Company.
If the delay in delivery is longer than 2 (two) months, the Client may rescind the contract in line with the terms and conditions defined under Article L 138-2 of the French Consumer Code. The Vendor will then refund the product in line with the conditions of Article L 138-3 of the French Consumer Code.
The Vendor recalls that from the moment the Client physically takes possession of the goods, all risks of loss or damage to the goods are transferred to them. The Client is responsible for notifying the courier of any reservations on the delivered goods.
Article 8: Availability and presentation
Orders will be processed as long as stocks last or as long as stocks are available from our suppliers. If a good is unavailable for longer than 30 working days, you will be immediately told of the estimated delivery date and the order can be cancelled on request. The Client can then ask for store credit equivalent to the item’s amount or for a refund.
Article 9: Payment
Payment should be made upon order, including for goods ordered in advance. The Client shall make payments exclusively by credit or debit card. Cards from banks outside of France must be international bank cards (Mastercard or Visa). Online secure bank card payment is made through our payment service provider. The information transmitted is encrypted according to the proper rules and can only be read in transit on the Internet according to the “3D SECURE” protocol.
Once payment is initiated by the Client, the transaction will be immediately debited once the information has been verified. In accordance with Article L. 132.2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details during the sale, the Client authorises the Vendor to debit the sum of the indicated price from their card. The Client confirms that they are indeed the legal owner of the card to be debited and that they have the legal right to use it. In the event of error, or the attempt to debit the card failing, the sale will be cancelled by right, as will the order.
Article 10: Withdrawal period
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear calendar days in which to exercise their right of withdrawal without having to justify reasons or incur any penalties, except, if applicable, return costs.” “The timescale mentioned in the foregoing section shall begin to run following receipt of the goods or acceptance of an offer for services.” To exercise the right of withdrawal, contact the Company by registered mail with acknowledgement of receipt to the following address:
Clients should be aware that in accordance with Article L. 121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised for goods that have been used.
If the right of withdrawal is exercised within the above-mentioned timeframe, only the price of the good(s) purchased and delivery fees will be refunded, return costs shall remain borne by the Client.
Goods returned must be sent in their original state and complete (packaging, accessories, leaflet…) for them to be sold again in new condition; proof of purchase must also be sent with them.
Article 11: Guarantees
In accordance with the law, the Vendor upholds two guarantees, covering good conformity and hidden defects. The Vendor will refund the Buyer or exchange goods that appear to be faulty or do not correspond to the order made.
The refund request must be sent by by registered mail with acknowledgement of receipt
The Vendor recalls that the consumer:
– has a period of 2 years from the date of delivery of a good with apparent defects or which does not correspond to the order to contact the Vendor
– that the good with apparent defects or which does not correspond to the order can be replaced subject to the conditions provided for.
– that they must provide proof of the good’s lack of conformity within six months of it being delivered.
– that, except for second-hand goods, that period will be extended to 24 months as of 18 March 2016
– that the consumer can also make a guarantee claim for the defects of the item sold in line with Article 1641 of the French Civil Code and, under these circumstances, they can choose to either cancel the sale or opt for a reduction in the sale price (provisions of Article 1644 of the French Civil Code).
Article 12: Complaints
When required, the Buyer may lodge a complaint by contacting the Company at the following address POLIDIS Laboratory – 38/40 Rue victorien Sardou – 92500 Rueil-Malmaison (France).
Article 13: Intellectual property rights
The brands, domain names, goods, software, images, videos, texts and, more generally, all information covered by intellectual property rights are and shall remain the exclusive property of the Vendor. These T&Cs do not in any way assign any intellectual property rights. Any full or partial reproduction, modification or use of this property for whatever reason is strictly prohibited.
Article 14: Force majeure
The Vendor’s obligations under these terms shall be suspended in case of a fortuitous event or force majeure which prevents them from fulfilling such obligations. The Vendor will notify the Client of such an event happening as soon as possible.
Article 15: Nullity and modification of the contract
If one of the conditions of this contract is discarded, that nullity will not affect the validity of the other conditions, which will remain in force between the parties. Any contractual modification will only be valid once a written agreement has been signed by the parties.
Article 16: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have a right to query, access, modify, oppose and rectify your own personal data. By agreeing to these general terms of sale, you consent to our collection and use of this data for the completion of this contract. If you enter your email on one of our websites, you will receive emails with information and promotional offers for the products distributed by the Company and its partners. You can unsubscribe at any time by contacting the Company by registered letter. We monitor the amount of visitors on all of our websites.
Article 17 Limitation of liability clause
The Vendor shall be limited of liability for the realisation of the services up to the value of the goods purchased.
Article 18: Applicable law
All clauses in these terms and conditions of sale, and all sales and purchases to which they apply, will be subject to French law.
Our terms and conditions of sale are based on a public and free template available for download at https://www.donneespersonnelles.fr/