Between Laboratoire Polidis, 19 rue Edmond Blanc, 92500 Rueil-Malmaison, company with a share capital of €50,000, registered with the Paris Registry of Companies under number 490 748 167, represented by Mr Bertrand VIGNAUD, as President, duly authorised for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the website homepage.
Hereinafter referred to as the “Seller” or the “Company”.
On the one hand,
And the natural or legal person purchasing products or services from the company, Hereinafter referred to as “the Buyer”, or “the Client”
On the other hand,
The following has been stated and agreed:
PREAMBLE
The Seller is a manufacturer of health products and services for health professionals and/or consumers, marketed via its websites (www.nociceptol.fr ; www.polidis.fr).
The list and description of the goods and services offered by the Company can be viewed on the aforementioned websites.
Article 1: Purpose
These General Terms and Conditions determine the rights and obligations of the parties as part of the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions (T&Cs) apply to all sales of Products carried out through the Company websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify this document at any time by publishing a new version on its website. The applicable T&Cs shall then be those in force on the date of payment of the order (or the first payment in the case of multiple payments). These T&Cs can be viewed on the Company website at the following address: https://www.nociceptol.fr/cgv. The Company also ensures that acceptance is clear and unreserved by providing a checkbox and a validation click. The Client declares having read all these General Terms and Conditions and, where applicable, the Specific Terms and Conditions relating to a product or service, and accepting them without restriction or reservation. The Client acknowledges having received the required advice and information to ensure the offer suits his requirements. The Client declares he is able to legally contract under French laws or validly represent the natural or legal person for which he consents to the contract. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of products sold through the websites are indicated in euros including all taxes (VAT + other possible taxes) on the product order page, excluding specific shipping costs. Customs duties, or other local taxes, import duties or state taxes may be payable in certain cases. The Seller shall not be responsible for these fees and sums. These will be the buyer’s responsibility (declarations, payment to competent authorities, etc.). As such, the Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time for future sales. Telecommunication costs required to access the Company websites are the Client’s responsibility. If applicable, delivery costs will also be borne by the Client.
Article 4: Conclusion of the online contract
The Client must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the following steps shall be included in all cases:
➢ Information regarding the Product’s essential features;
➢ Product selection, choice of options if applicable, and indication of the Client’s essential data (identification, address, etc.);
➢ Acceptance of these General Terms and Conditions.
➢ Verification of order details and, if required, correction of errors.
➢ Payment instructions, and payment of products.
➢ Product delivery. The Client shall then receive email confirmation of the order payment, as well as an acknowledgement of receipt confirming the order. For delivered products, delivery will be made to the address provided by the Client. For the purpose of carrying out the order, and in accordance with Article 1316-1 of the Civil Code, the Client undertakes to provide genuine identification details.
The Seller reserves the right to refuse the order, for example in case of any abnormal request, or a request made in bad faith, or for any other legitimate reason.
Article 5: Products and services
The essential features of goods, services and their respective prices are made available to the Buyer on the Company websites. The Client certifies having received details of the delivery costs as well as the terms of payment, delivery, and execution of the contract. The Seller undertakes to honour the Client’s order only while product stocks last. Failing this, the Seller shall inform the Client. This contractual information is presented in detail and in French. In accordance with French law, it is summarised and confirmed upon order validation. The parties agree that illustrations and photos of the products offered for sale have no contractual value. The period of validity of Product offers and prices are specified on the Company websites, along with the minimum duration of contracts offered when these relate to a continuous or periodic supply of products or services. Except in the case of specific terms and conditions, the rights granted hereunder are only granted to the natural person signing the order (or the holder of the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller shall refund or exchange defective products or those that do not correspond to the order. Refunds may be requested by contacting the Company by registered letter with acknowledgement of receipt at the following address: LABORATOIRE POLIDIS – 19, rue Edmond Blanc – 92500 Rueil-Malmaison (France).
Article 6: Retention of title clause
Products remain the Company’s property until full payment of the price.
Article 7: Delivery terms
Products are delivered to the delivery address provided at the time of order and within the specified deadline. This deadline does not include the order preparation time.
When a Client orders several products at the same time, these may have different delivery dates depending on the processing times of the carrier entrusted by the company.
In the event of a delivery delay exceeding 2 (two) months, the Client will be entitled to terminate the contract under the terms and conditions defined in Article L. 138-2 of the Consumer Code. The Seller shall then refund the product under the conditions of Article L. 138-3 of the Consumer Code.
The Seller recalls that when the Client takes physical possession of the products, the risks of product loss and damage are transferred thereto. It is the Client’s responsibility to notify the carrier of any reservations regarding the delivered product.
Article 8: Availability and presentation
Orders shall be processed while stocks last or subject to stocks available from our suppliers. If an item is unavailable for a period of more than 30 working days, you shall be immediately notified of the expected delivery times and the order for this item may be cancelled upon simple request. The Client may then request credit for the amount of the item, or a full refund.
Article 9: Payment
Payment is due immediately upon placing the order, including for pre-ordered products. The Client shall make the payment exclusively by payment card. Cards issued by banks domiciled outside of France must be international payment cards (Mastercard or Visa). Secure online payment by payment card is carried out by our payment service provider. The information transmitted is encrypted in accordance with industry standards and cannot be read during transport on the network, in accordance with the “3D SECURE” protocol.
Once payment has been initiated by the Client, the transaction is immediately debited after details are verified. In accordance with Article L. 132-2 of the Monetary and Financial Code, commitment to pay by card is irrevocable. By communicating his bank details during the sale, the Client authorises the Seller to debit his card for the amount corresponding to the price indicated. The Client confirms being the legal holder of the card to be debited and being legally entitled to use it. In the event of an error or inability to debit the card, the Sale shall be immediately and automatically terminated and the order cancelled.
Article 10: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen days to exercise their right of cancellation without having to justify reasons or pay penalties except, if applicable, return fees”. “The period mentioned in the preceding paragraph runs from the receipt of goods or acceptance of the offer in the case of services.” The right of withdrawal may be exercised by contacting the Company by registered letter with acknowledgement of receipt.
We inform Clients that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for products that have been used.
When exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded. The Client shall bear the costs of return.
Products must be returned in their original and complete state (packaging, accessories, instructions, etc.) so that they may be marketed again as new; they must also be accompanied by a copy of the proof of purchase.
Article 11: Warranties
In accordance with the law, the Seller provides two warranties: that of conformity and that relating to hidden defects in the products. The Seller shall refund the buyer or exchange apparently defective products or those that do not correspond to the order placed.
The refund request must be made by registered letter with acknowledgement of receipt
The Seller recalls that:
– the consumer has a period of 2 years as of the delivery of the apparently defective or non-conforming good to take action before the Seller
– the consumer may obtain the replacement of the apparently defective or non-conforming good subject to the conditions provided by the article
– the consumer is not required to prove the existence of the product’s lack of conformity during the six months following product delivery
– except in the case of second-hand goods, this period is extended to 24 months as from 18 March 2016
– the consumer may also use the warranty against hidden defects for the goods sold in accordance with Article 1641 of the Civil Code and, in this case, may choose between the cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
Article 12: Claims
If applicable, the Buyer may submit a claim by contacting the company via the following contact details:
By email: contact@nociceptol.fr or servicequalite@polidis.fr.
By post: LABORATOIRE POLIDIS – 19, rue Edmond Blanc – 92500 Rueil-Malmaison (France).
Article 13: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts and more broadly any information subject to intellectual property rights is and will remain the exclusive property of the Seller. No transfer of intellectual property rights is carried out by means of these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The fulfilment of the Seller’s obligations under this contract shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. In the case of such event, the Seller shall notify the Client as soon as possible.
Article 15: Nullity and modification of the contract
Should any of the provisions in this contract be deemed null and void, such nullity shall not result in the nullity of any other provisions, which will remain in force between the parties. Any modification of the contract shall only be valid after an agreement in writing has been signed by the parties.
Article 16: Personal data protection
In accordance with the French data-protection act of 6 January 1978, you have the right to request, access, modify, oppose and correct any personal data you have provided. By adhering to these General Terms and Conditions, you consent to our collection and use of this data for the performance of this contract. By entering your email address on any of the websites in our network, you will receive emails containing information and promotional offers regarding products published by the Company and its partners. You may unsubscribe at any time. To do so, all you need to do is contact the Company by registered letter with acknowledgement of receipt. We monitor traffic on all our websites.
Article 17: Limitation of liability clause
A clause is stipulated for the limitation of the Seller’s liability with regard to the performance of the service, up to the value of the products purchased.
Article 18: Applicable law
All clauses contained in these General Terms and Conditions, and all purchase and sales transactions referred to therein, shall be subject to French law.
Credits:
Our General Terms and Conditions have been drafted using a free template which can be downloaded from the website https://www.donneespersonnelles.fr/
