Terms and conditions of use

General Terms and Conditions of Sale (Products) – Internet

We are a French pharmacy, the Côte d'Azur Pharmacy located at 14 rue de France, 06000 Nice, FRANCE. The competent court is therefore that of Nice, FRANCE, in the event of a dispute.

Access to this site for injectable medical devices is reserved for healthcare professionals authorized to prescribe or use these medical devices in accordance with current regulations. By entering this site, I acknowledge that I am a qualified professional and have read the General Terms and Conditions of Sale and Use.

Warning: The online purchase of products offered by this website is prohibited for minors. French law applies and sets the age of majority at 18. Prior to this, a minor should under no circumstances purchase products from the website www.france-health.com, even for a third party.
The Pharmacy is not responsible for misuse resulting from failure to comply with the various warnings present on the website. It is also repeatedly stated that any injectable medical device present on the website is intended to be purchased and used exclusively by physicians legally authorized to perform injections.

Pursuant to Decree No. 2024-490 of May 30, 2024, we remind you that injectable hyaluronic acid-based medical devices used in aesthetic medicine procedures must be prescribed and administered by qualified physicians. The use of these products by unauthorized persons is strictly prohibited.

We decline all liability in the event of improper or unprofessional use of our products as a seller. We respect our legal obligations, particularly in terms of quality, compliance and information on our medical devices.
By accepting these general terms and conditions of sale, the Customer acknowledges that they have been informed of them.

ARTICLE 1 - Scope of Application


These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SELARL Côte d'Azur Pharmacy (the "Seller") to consumers and non-professional buyers (the "Customers" or the "Customer"), wishing to purchase the products offered for sale by the Seller (the "Products") on its website www.France-Health.com. They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the website www.France-Health.com are as follows: - Parapharmacy, cosmetic and dermo-cosmetic, aesthetic, beauty, and health products, excluding all medications. The site may contain injectable medical devices that must only be purchased and used in FRANCE by physicians authorized to perform cosmetic injections (according to French Decree No. 2024-490 published on 05/29/24 and effective on 97/29/24) and willing to provide us with their RPPS with each order. The traceability of injectable medical devices is ensured: CE marking, batch number, expiration date, origin, and UDI number, if any. By accepting these general terms and conditions of sale, the Customer acknowledges that they have been informed thereof. These products are indicated by a recommendation in red in their description.

By accepting these terms of sale when finalizing their order, the Customer agrees that the medical devices presented on this site will, without exception, be used only by doctors authorized to perform cosmetic injections or cosmetic procedures. The only authorized doctors are dermatologists, cosmetic doctors, and dentists. Côte d'Azur Pharmacy cannot be held responsible for any misuse of these products. To find an authorized doctor or to learn more about medical devices and their regulations, you can consult the website of the French National Agency for the Safety of Medicines: http://ansm.sante.fr/.

The act of injection is an exclusively medical act. Not a domestic act. The injection must only be performed by a healthcare professional trained in injecting Class III medical devices. The essential characteristics of the Products, including specifications, illustrations and indications of the capacity, effect or efficiency of the Products, are presented on the website www.France-Health.com.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the website www.France-Health.com are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics. These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions of Sale are accessible at any time on this website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website www.France-Health.com.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed. Unless proven otherwise, the data recorded in the computer system of SELARL Côte d'Azur Pharmacy constitutes proof of all transactions concluded with the Customer. Product offers are subject to availability. Information on product availability is provided at the time of ordering.
In the exceptional event of product unavailability on the order date, we will contact you by email to inform you of the new delivery time for your order. Having acknowledged this, you may choose to cancel your order or not. The Customer's confirmation of the order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. The Customer acknowledges having the capacity required to enter into a contract and acquire the Products offered on the website www.France-Health.com.
The Products presented on the website www.France-Health.com are offered for sale in most countries around the world. The country must be provided when creating the Customer's address in order to confirm delivery of the products in that country. Some product brands are not available outside the European Union; they are visible in the "Delivery" section of the website www.France-Health.com. In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer.

ARTICLE 2 - Orders


It is the Customer's responsibility to select the products they wish to order on the website, according to the following terms:
A product can be ordered by express order or after creating a personal account. The customer will then fill their Basket in which they will select the desired quantities and can modify their selection up until the purchase.
After filling in their billing information, the customer will pay by credit card (checks not allowed) or by bank transfer and a confirmation email containing their invoice will be sent to them.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email and after the latter has received payment of the full price.
For orders placed exclusively online, the registration of an order on the
Service Provider's website is completed when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates their order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
Any order placed on the website www.France-Health.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the website www.France-Health.com.
The Seller is not intended to sell the Parapharmacy Products on the website www.France-Health.com to resale professionals, but only to consumers or non-professionals, for their personal needs.

The Seller

The Seller therefore reserves the right to refuse orders for the same Product in large quantities or containing more than 50 identical items.


ARTICLE 3 - Prices


The products are supplied at the current prices shown on the website when the Seller places the order.

Important warning: The prices displayed on the website are in EUROS, excluding taxes, as the Pharmacy regularly delivers to over a hundred countries worldwide. When the Customer enters a delivery address, the automatically calculated shipping costs and taxes of the delivery country are added to the cart price.

The prices take into account any discounts that may be granted by the Seller on the website www.France-Health.com.

These prices are fixed and cannot be revised during their validity period, as indicated on the Seller's website. The Seller reserves the right, outside this validity period, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website www.France-Health.com and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and sent to the Customer by email upon receipt of payment and upon delivery of the ordered products.


ARTICLE 4 - Payment Conditions


The Seller will not be required to deliver the products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
The price is payable in cash, in full on the day the order is placed by the Customer, by payment secure, by credit card. Payment data is exchanged in encrypted mode using the SSL protocol.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.
The Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of current orders made by the Customer.
We specify that before ordering, the Customer must allow a minimum of 48 hours (working days), longer if one of the products is exceptionally not in stock, for the Seller to prepare the package before shipping it.
Please note: The buyer is responsible for knowing which products he can import according to the laws of his country.
If his package is blocked and then returned to us by the customs of his country, his order will be refunded less the shipping costs.
In all cases, no additional costs, above the costs borne by the Seller for the use of a means of payment cannot be charged to the Customer.


ARTICLE 5 - Deliveries


In France, injectable products should only be purchased and used by trained medical professionals. Cosmetic doctors, dermatologists, dentists only. This is a medical procedure and is not intended for domestic use.

For deliveries to Switzerland, the Customer acknowledges that it is their responsibility to pay duties, taxes, and other customs formalities.
The products ordered by the Customer will be delivered in France and most countries around the world within a maximum of thirty (30) days from the date of dispatch of the order, plus processing and delivery time, to the address indicated by the Customer when ordering on the website. Except in special cases or if one or more products are unavailable, the products ordered will be delivered in a single delivery. Deliveries are made in France by Colissimo suivi, outside France by Colissimo International, which becomes, for example, EMS in China.
Payment data is exchanged in encrypted mode using the SSL TLS 1.2 protocol and higher. Payment is secured by 3D Secure. This system proves the identity of the payer at the time of payment, his bank sends him a code by SMS to validate the payment.
The Customer acknowledges that it is the carrier's responsibility to make the delivery and has no recourse under warranty against the Seller in the event of non-delivery of the transported goods.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only and any delay may not give rise to any damages, retention or cancellation of the order by the Buyer.
However, if the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or retention and the Products, if received by the Customer after this period and after a request for cancellation of the sale at his request, must be returned to the Seller. Delivery is deemed to have been made upon handing over the products ordered by the Seller to the carrier.
Deliveries are made by an independent carrier to the address specified by the Customer
when ordering and to which the carrier can easily access. He may hand the package over to a neighbor if the recipient is absent.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of fourteen (14) days from delivery to make any reservations or complaints for non-conformity or apparent defect in the delivered products in writing via the contact form, with all relevant supporting documents (photos in particular). After this period and in the absence of compliance with these formalities, the products will be deemed compliant and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will replace as soon as possible and at its own expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale. These defects and lack of conformity are those due to laboratory manufacturing. Damaged products are the subject of another paragraph.
If a product has a defect, please provide us with the batch number so that we can inform the manufacturing laboratory.


ARTICLE 6 - Transfer of Ownership - Transfer of Risks


The transfer of ownership and risks of loss and deterioration will only take place when
the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk and peril.

ARTICLE 7 - Right of withdrawal

The Customer has, in accordance with the legal provisions in force, a withdrawal period of 14 days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund.
The Customer also has fourteen days following notification to the Seller of the Customer's decision to withdraw to return them to the Seller for the purpose of exchange or refund, provided that the products are returned in their original packaging, complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new and perfect condition, accompanied by the purchase invoice.
The items damaged, soiled or incomplete products are not returned.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded: The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within a maximum of 14 days from receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
The return address is as follows:
Côte d'Azur Pharmacy
Service France-Health
14 rue de France,
06000 Nice
FRANCE

ARTICLE 8 - Seller's Liability - Warranty

The products sold on the website www.France-Health.com comply with the regulations in force in France and have performance compatible with non-professional uses, subject to the contraindications specified in Article 1 of these general terms and conditions of sale.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged, or do not correspond to the order,
- the legal guarantee against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the goods, accident or force majeure and the Seller's warranty is limited to the replacement or reimbursement of non-compliant or defective products.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the non-conformity of the Products within fourteen (14) days from delivery of the Products or the existence of hidden defects within the time limits indicated above and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or make repair products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer's bank account.
The Seller shall not be liable in the following cases:
- failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure,
- the Seller shall not be held liable and no compensation will be payable. may be requested from him for the failure or delays in delivery of the Products sold.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
The products sold on the website comply with the regulations in force in France.
The photographs and illustrations accompanying the products on the website have no contractual value and therefore cannot engage the Seller's liability.
The images and product sheets are published to give the consumer the most faithful image possible of the product that he may order but cannot constitute a guarantee; the Customer is solely responsible for the choice of products, their storage and their use.
The Seller will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

ARTICLE 8 - Seller's Liability - Warranty

The products sold on the website www.France-Health.com comply with the regulations in force in France and have performance compatible with non-professional uses, subject to the contraindications specified in Article 1 of these general terms and conditions of sale.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged, or do not correspond to the order,
- the legal guarantee against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the goods, accident or force majeure and the Seller's warranty is limited to the replacement or reimbursement of non-compliant or defective products.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the non-conformity of the Products within fourteen (14) days from delivery of the Products or the existence of hidden defects within the time limits indicated above and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or make repair products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer's bank account.
The Seller shall not be liable in the following cases:
- failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure,
- the Seller shall not be held liable and no compensation will be payable. may be requested from him for the failure or delays in delivery of the Products sold.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
The products sold on the website comply with the regulations in force in France.
The photographs and illustrations accompanying the products on the website have no contractual value and therefore cannot engage the Seller's liability.
The images and product sheets are published to give the consumer the most faithful image possible of the product that he may order but cannot constitute a guarantee; the Customer is solely responsible for the choice of products, their storage and their use.
The Seller will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

ARTICLE 9 – Protection of Personal Data

Find all the information regarding Security and Confidentiality in our Security and Confidentiality Policy page regarding personal data HERE: SECURITY AND CONFIDENTIALITY POLICY


9.1. Collection of personal data
The personal data collected on the website www.France-Health.com are as follows:
Opening an account
When the Customer's account is created, their first and last name, email address and date of birth are recorded.
Connection
When the Customer connects to the website, the website records, in particular, their first and last name, connection data, usage data and location data.
Profile
Using the services provided on the site allows you to complete a profile, which may include an address and a telephone number.
Communication
When the site is used to communicate with other members, data concerning the customer's communications are temporarily stored.
Cookies
Cookies are used in connection with the use of the site. The Customer has the option to disable cookies through their browser settings.

9.2. Use of Personal Data
The personal data collected from Customers is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the Platform by the customer;
- management of the operation and optimization of the website;
- manage our commercial relationship;
- organization of the conditions of use of payment services;
- verification, identification and authentication of data transmitted by the customer;
- store and update our customer files;
- personalization of additional or promotional offers or display advertisements based on the customer's browsing history, according to their preferences;
- prospecting and development of the Seller's activities;
- carry out analyses and statistics, and develop management, measurement and reporting tools in order to adapt the Seller's commercial and marketing activities;
- allow you to "like" the site's Facebook page with the following cookies: Facebook Impressions, Facebook Connect, Facebook Social Plugins.
- prevention and detection of fraud, malware (malicious software) and security incident management;
- management of potential disputes with customers;
- sending commercial and advertising information, based on customer preferences.

9.3. Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the customer uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which the Seller has entered into contracts;
- when the customer publishes publicly accessible information in the free comment areas of the website;
- when the customer authorizes a third-party website to access their data;
- when the website uses the services of service providers to provide customer support,
advertising, product delivery and payment services. These service providers have limited access to customer data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the Seller may transmit data to respond to claims made against it and comply with administrative and judicial procedures;
- if the Seller is involved in a merger, acquisition, sale of assets, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, customers would be informed before personal data is transferred to a third party.

9.4. Transfer of personal data
The Seller undertakes to only transfer personal data outside the territory of the European Union with the prior authorization of the Customer and in a secure framework in accordance with the requirements of the applicable legislation, i.e. either to countries offering an “adequate” level of protection as defined by the European data protection authorities (CNIL), or to entities having signed contractual clauses as issued by the European authorities.
9.5. Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the internet.
Buttons for sharing and uploading content from social platforms are present on the site.

9.6. Implementation of user rights
In accordance with the regulations applicable to personal data, customers have the following rights:
- they can update or delete data concerning them by logging into their account and configuring the settings of this account;
- they can delete their account by writing to the following email address: contact@france-health.com. Please note that information shared with other customers may remain publicly visible on the website, even after their account has been deleted;
- they can exercise their right of access to know their personal data by writing to the contact form.
In this case, before exercising this right, the Seller may request proof of the customer's identity in order to verify its accuracy;
- if the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to the contact form.
- customers can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the contact form.

9.7. Changes to this clause
The Seller reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the Seller undertakes to publish the new version on its website. The Seller will also inform customers of the change by email, at least 15 days before the effective date. If the customer does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Find all the information regarding Security and Confidentiality in our Security and Confidentiality Policy page regarding personal data HERE: SECURITY AND CONFIDENTIALITY POLICY

ARTICLE 10 - Intellectual Property

The content of the site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Furthermore, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing services to the Client. The Customer is therefore prohibited from any reproduction or exploitation of said studies, drawings, models, prototypes, etc., without the express, prior written authorization of the Seller, which may make it conditional on financial compensation.

ARTICLE 11 – Unforeseen Events

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen events provided for in Article 1195 of the Civil Code for all transactions involving the Sale of Products from the Seller to the Customer. The Seller and the Customer therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous, and to bear all the economic and financial consequences thereof.

ARTICLE 12 - Specific Performance

In the event of a breach by either Party of its obligations, the Party suffering the default shall have the right to request specific performance of the obligations arising hereunder. The obligation's creditor may pursue this forced performance after a simple formal notice sent to the obligation's debtor by email remains unsuccessful, unless this proves impossible or if there is a manifest disproportion between its cost to the debtor and its interest for the creditor.
ARTICLE 13 - Exception of non-performance
The Parties expressly declare that they waive the right to invoke the provisions relating to the exception of non-performance regime and undertake to fully and completely execute these presents even in the event of a breach by one or the other.

ARTICLE 14 – Force majeure

The Seller shall not be held liable and no compensation may be claimed for delays in delivery or harmful consequences due to cases of force majeure as defined by the jurisprudence of the courts and tribunals.
The Seller cannot be held responsible for interruptions, delays or unavailability of the Site due to maintenance work, interruptions of the Internet network, technical breakdowns, force majeure, the actions of a third party or any circumstance whatsoever.
The Seller strives to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct, at any time and without
notice.
The Site contains information from third parties, the Seller therefore gives no guarantee as to the accuracy, precision or completeness of the information made available on the Site. The Seller cannot be held liable under any circumstances for any occasional errors that may occur on the site.

ARTICLE 15 – Invalidity

If any part of the Terms of Sale is found to be unenforceable (including any provision relating to the exemption of liability), the enforceability of the remainder of the Terms of Sale shall not be affected, and the other clauses shall remain in force. Wherever possible, where a clause/sub-clause or part of a clause/sub-clause can be severed from the remainder of the clause in order to render the remaining part valid, the clause shall be interpreted accordingly. Otherwise, you agree that the clause in question will be rectified and interpreted in such a way that it approximates the original meaning of the clause, in accordance with the law.

ARTICLE 16 - Applicable Law - Language

By express agreement between the parties, these General Terms and Conditions of Sale and the
transactions resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 17 – Disputes

All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that they may, in any event, resort to conventional mediation,
in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example). in the event of a dispute.

ARTICLE 18 – Pre-contractual Information - Customer Acceptance

The fact that a natural person (or legal entity) places an order on the Seller's website implies full adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the French Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the good must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model
- Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them.
Article 1648, paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.