Our original Terms and Conditions of Use are available in French HERE
The following text is the translation, but it may contain errors.
We are a French pharmacy, pharmacy Côte d'Azur Pharmacy located 14 rue de France, 06000 Nice, FRANCE. The competent court is therefore that of Nice, FRANCE, in case of litigation.
General conditions of sale (Products) - Internet
Warning: the purchase of products online offered by this website is prohibited to minors. French law applies and puts the majority at 18 years. Before that, a minor must not under any circumstances buy products on the site www.france-health.com, even for a third person.
The Pharmacy is not responsible for misuse following the circumvention of various warnings on the site. It is also very often repeated that any medical device present on the site is intended to be used exclusively by doctors legally authorized to inject.
By accepting these terms and conditions of sale, the Customer acknowledges that he has been informed.
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply without restriction or reservation to
all sales concluded by SELARL Côte d'Azur Pharmacy (the "Seller") with
consumers and non-professional buyers (the "Customers" or the "Customer") wishing
acquire the products offered for sale by the Seller (the "Products") on its website
www.France-Health.com. They specify, in particular, the conditions of 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 the following:
- Cosmetics and dermo-cosmetics, aesthetics, beauty, health excluding
all medicines, drugstore not subject to medical prescription. The site can
contain medical devices that should only be used by doctors and
dermatologists empowered to do so. These products are specified by a red box in
their description.
By accepting these conditions of sale during the finalization of his order, the Customer, whom he
either an individual or a non-professional, agrees that medical devices
present on this site over the counter without prescription are without exception not used
only by physicians authorized to perform cosmetic injections or operations
aesthetic.
The only qualified doctors are dermatologists, aesthetic doctors and
dentists. The company Côte d'Azur Pharmacy can not be held responsible for any
misuse of these products.
To find an authorized doctor or find out about medical devices and their
regulations, you can consult the website of the National Safety Agency of the
Medication: http: //ansm.sante.fr/
The act of injection is an exclusively medical act. Not a domestic act. The injection must be done only by a health professional trained in the injection of Class III medical devices.
The essential characteristics of the Products and in particular the specifications, illustrations and
indications of capacity, effect or capacity of the Products, are presented on the website
www.France-Health.com.
The Customer is required to read it 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
not contractual and can not engage the responsibility of the Seller.
The Customer is obliged to refer to the description of each Product in order to know its properties.
and the essential particularities.
These conditions apply to the exclusion of all other conditions, including those
applicable for in-store sales or other distribution channels and
marketing.
These General Conditions of Sale are accessible at any time on this website and
shall prevail, where appropriate, over any other version or other contradictory document.
The Customer declares to have read the present General Conditions of Sales and the
accepted by ticking the box provided for this purpose before the implementation of the
online order and general conditions of use of the website www.France-Health.com.
These General Terms and Conditions of Sale may be subject to further modification.
applicable to the purchase of the Customer is that in force on the website at the date of execution of the
command.
Unless proven otherwise, the data recorded in the SELARL computer system
Côte d'Azur Pharmacy constitutes the proof of all the transactions concluded with the
Customer.
Product offers are subject to availability. The indications on the
availability of products are provided at the time of placing the order.
In case of exceptional non-availability of products on the date of the order, we will
will contact by email to inform you of the new deadline under which you will receive your
command. Having taken note of this, you will be able to choose whether or not to cancel your
command.
Validation of the order by the Customer implies acceptance without restriction or reservation of
present Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on
the website www.France-Health.com.
Products presented on the website www.France-Health.com are offered for sale for
most countries around the world. The country must be proposed when creating the address of the
Customer to confirm the delivery of products in this country.
Some brands of products are not available outside the European Union, they
are visible in the "Delivery" section of the website www.France-Health.com.
In case of order to a country other than metropolitan France, the Customer is the importer
of the Product (s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated Tax Excluded automatically on the invoice. Customs duties or other local taxes or import duties or state taxes are likely to be exigible. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 - Orders
It belongs to the Customer to select on the website the products he wishes to order, according to the following terms: A product can be ordered by express order or after creating a personal account. The customer will then fill his Basket in which he will select the quantities required and can modify until the purchase his selection. After filling out his billing information, the customer will pay by credit card (checks not allowed) or by bank transfer and an email of confirmation containing his invoice will be sent to him.The contractual information is presented in French language and are the subject of a confirmation at the latest at the time of validation of the order by the Customer. The sale will be considered final after the sending to the Customer the confirmation of the acceptance of the order by the Seller by email and after receipt thereof of the full price. For orders placed exclusively on the internet, the registration of an order on the site of the Provider is performed when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates its command. The Customer has the opportunity to check the details of his order, the total price and correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitute a proof of the contract of sale. It is therefore up to the Customer to verify the accuracy of the order and to report any error immediately. Any order placed on the website www .France-Health.com is the formation of a contract concluded at a distance 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 concerning the payment of a previous order. The Customer will be able to follow the evolution of his order on the website www.France-Health.com. The Seller is not intended to sell the Products on the website www.France-Health.com to professionals , but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in significant quantities and ant more than 50 identical items.
ARTICLE 3 - Rates
The products are supplied at the rates in effect on the website, when
the registration of the order by the Seller.
Important warning: the prices posted on the site are in EUROS TAXES EXCLUDED because the Pharmacy regularly delivers more than one hundred countries in the world.
When the Customer enters a delivery address, the automatically calculated postage costs are added to the basket price, as well as the delivery country taxes.
Please check the total amount of the cart before ordering.
The tariffs take into account any reductions that may be granted by the Seller on the
website www.France-Health.com.
These rates are firm and non-revisable during their period of validity, as indicated on the
Seller's website, the Seller reserving the right, outside this period of validity, to
change prices at any time. They do not include processing, shipping,
transport and delivery, which are charged extra, under the conditions indicated on the site
internet www.France-Health.com and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and delivered to the Customer by email at the reception of the
payment and delivery of the products ordered.
ARTICLE 4 - Terms of payment
The Seller shall not be obliged to deliver the products ordered by the Customer if
he does not pay the price in full under the conditions indicated above.
The price is payable in cash, in full on the date of placing the order by the Customer,
by secure payment, by credit card. Payment data is exchanged in
encrypted mode thanks to the SSL protocol.
Payments made by the Customer will only be considered final after
effective collection of sums due by the Seller.
The Seller reserves the right, in case of non-compliance with the terms of payment above, to suspend or cancel delivery of orders in progress made by
the customer.
We specify that before ordering, the Customer must allow a delay of 48 hours minimum (days
more if one of the products is not exceptionally in stock, so that the Seller
prepare his package, before the delivery of it.
Attention: The buyer is obliged to know which products he can import according to the laws of his country.
If his package is blocked and returned by the customs of his country to us, his order will be
refunded less shipping costs.
In any case, no additional costs, higher than the costs incurred by the Seller for
the use of a means of payment can not be billed to the Customer.
ARTICLE 5 - Deliveries
Injectables should only be used by the trained medical profession. Aesthetic doctors, dermatologists, dentists only.
It is a medical act and in no way domestic.
For deliveries in Switzerland, the Customer acknowledges that it is for him to pay duties and taxes and other customs formalities.
The products ordered by the Customer will be delivered in France and in most countries of the world.
world within a maximum of thirty (30) days from the date of shipment of the
order, plus the processing and delivery time, at the address indicated by the
Customer when ordering on the website. Except special case or unavailability of one or
several products, the ordered products will be delivered at one time. Deliveries are
insured in France by Colissimo followed, outside France by Colissimo International, which becomes
for example EMS in China.
the payment data is exchanged in encrypted mode using SSL TLS 1.2 and above. 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 up to the carrier to make the delivery and does not
no recourse against the Seller in case of default of delivery of the goods
transported.
The Seller undertakes to make his best efforts to deliver the products ordered by the
Customer within the time specified above. However, these deadlines are provided for information only
and any overrun may not give rise to any damages or interest, withholding or
cancellation of the order by the Buyer.
However, if the Products ordered have not been delivered within thirty (30) days after
the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the
sale may be resolved at the written request of the Customer under the conditions set out in Articles L
216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will be
returned no later than fourteen (14) days following the date of denunciation of the
contract, excluding any compensation or retention and the Products, if they are received by
the Customer after this period and after request for resolution of the sale at his request, must be
returned to the Seller. Delivery is deemed made upon delivery of ordered products
by the Seller to the carrier.
Deliveries are made by an independent carrier, to the address mentioned by the Customer
when ordering and which the carrier can easily access. Delivery to a neighbor is possible.
In case of special request of the Customer concerning the conditions of packing or transport
ordered products, duly accepted in writing by the Seller, the related costs will be
additional specific invoicing, on a quotation previously accepted in writing by the
Customer.
The Customer is required to check the status of the delivered products. It has a delay of fourteen (14)
days from delivery to form by email to contact form all reservations or claims for non-conformity or defect of products
delivered, with all relevant supporting documents (photo in particular). After this period and failing to have
these formalities, the products shall be deemed to be in conformity and free from any apparent defect and
no claim can be validly accepted by the Seller.
The Seller will replace as soon as possible and at his expense, the delivered products whose defects
apparent or defects of conformity have been duly proven by the Customer, in the
conditions laid down in Articles L 217-4 et seq. of the Consumer Code and those
provided for in these General Terms and Conditions of Sale. These defects and defects of conformity are
those due to laboratory manufacture. Damaged products are covered by another paragraph.
If a product has a defect, please provide us with the lot number so we can inform
Laboratory manufacturer.
ARTICLE 6 - Transfer of Ownership - Transfer of Risks
The transfer of ownership and the risk of loss and deterioration will only be realized at the moment
where the Customer will physically take possession of the Products. The Products therefore travel to
risks and perils of the Seller.
ARTICLE 7 - Right of withdrawal
The Customer has, in accordance with the legal provisions in force, a withdrawal period
14 days from receipt of the Product to exercise its right of withdrawal from the
Seller, without having to justify any reason or to pay a penalty, at the end of exchange or
refund.
The Customer also has fourteen days following notification to the Seller of the decision
Customer to return them to the Seller for exchange or
reimbursement, provided that the products are returned in their original packaging,
(packaging, accessories, instructions, etc.) allowing them to be put back on the market when new and
in perfect condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete items are not taken back.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products
purchased and delivery charges are reimbursed; the return costs remain the responsibility of the Customer.
Exchange (subject to availability) or refund will be made within 14 days
maximum days from the receipt, by the Seller, of the Products returned by the Customer
under the conditions provided for in this article.
The return address is:
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 performances compatible with non
professionals, subject to the contraindications specified in Article 1 hereof
Terms of Sales.
The Products supplied by the Vendor benefit by right and without additional payment,
irrespective of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for the products apparently defective, damaged
damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a lack of material,
design or manufacture affecting the delivered products and rendering them unfit for
use,
under the conditions and according to the modalities referred to in the box below and defined in the Annex
to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Vices
Hidden).
Any guarantee is excluded in case of misuse, negligence or lack of maintenance of the
on the part of the Customer, as in case of normal wear and tear of the goods, accident or force majeure and the
Seller's warranty is limited to the replacement or refund of non
compliant or defective.
In order to assert his rights, the Client shall, under penalty of forfeiture of any action therein
reporting, inform the Seller, in writing, of the non-compliance of the Products within a
fourteen (14) days from the delivery of the Products or the existence of latent defects in the
above mentioned deadlines and return the defective Products in the condition in which they were
received with all the elements (accessories, packaging, instructions ...)
The Seller will refund, replace or have repaired the products or parts under warranty deemed
non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced price and the expenses of return will be
reimbursed upon presentation of receipts.
Refunds for Products found to be non-compliant or defective will be made in
within 14 days of the Seller's finding of the defect
of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account.
The Seller's liability can not be incurred in the following cases:
- failure to comply with the legislation of the country in which the products are delivered, that it belongs
the Customer to check,
- in case of misuse, use for professional purposes, negligence or
lack of maintenance on the part of the Customer, as in case of normal wear of the Product,
accident or force majeure,
- the Seller can not be held responsible and no compensation can be
requested for default or late delivery of the Products sold.
The Seller's warranty is, in any event, limited to replacement or refund
Products that do not comply or are defective.
The products sold on the website comply with the regulations in force in
La France.
The photographs and illustrations accompanying the products on the website do not have
contractual value and therefore can not engage the responsibility of the Seller.
Images and product sheets are published to give the consumer the most accurate image
the product it can order but can not constitute a guarantee, the Customer is alone
responsible for the choice of products, their preservation and their use.
The Seller will not be held responsible or defective for any delay or
non-performance following the occurrence of a case of force majeure usually recognized by the
French case law.
ARTICLE 9 - Protection of personal data
Find all the information concerning Security and Confidentiality in our page Security and Privacy Policy concerning personal data HERE: SECURITY AND CONFIDENTIALITY POLICY
9.1. Collection of personal data
The personal data that are collected on the website www.France-Health.com are
the following :
Account opening
When creating the Customer's account, his surname, first name, email address and date of
birth.
Log in
When connecting the Client to the website, the latter records, in particular, his surname, first name,
connection, usage and location data.
Profile
The use of the services provided on the site makes it possible to inform a profile, being able to
understand an address and a telephone number.
Communication
When the site is used to communicate with other members, data concerning
Customer's communications are subject to temporary retention.
Cookies
Cookies are used as part of the use of the website. The customer has the opportunity to
disable cookies from browser settings.
9.2. Use of personal data
The personal data collected from the Clients are intended to make available
Website services, their improvement and the maintenance of a secure environment. More
Specifically, the uses are:
- access and use of the Platform by the client;
- operation management and optimization of the website;
- manage our commercial relationship;
- organization of the conditions of use of the payment services;
- verification, identification and authentication of the data transmitted by the customer;
- keep and update our client files;
- personalization of complementary or promotional offers or display
advertisements based on the customer's browsing history, according to their preferences;
- the prospection and development of the Seller's activities;
- carry out analyzes and statistics, and develop tools for piloting, measuring and
reporting in order to adapt the sales and marketing activities of the Seller;
- allow to "like" the Facebook page of the site with the following cookies: Facebook Impressions, Facebook Connect, Facebook Social Plugins.
- prevention and detection of fraud, malware (malicious softwares or software
malware) and security incident management;
- management of any disputes with customers;
- sending commercial and advertising information, depending on the customer's 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 the payment services, for the implementation of these services, the
website is in relation with third-party banking and financial companies with
which the Seller has entered into contracts;
- when the client publishes, in the free comment areas of the website,
publicly available information;
- when the customer authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide customer support,
advertising, product delivery and payment services. These providers
have limited access to customer data, as part of the execution of these
benefits, and have a contractual obligation to use them in accordance with the
provisions of the applicable data protection regulations to
personal character;
- if the law requires it, the Seller can carry out the transmission of data to follow up
the claims against him and to comply with the administrative and
judicial
- if the Seller is involved in a merger, acquisition, sale of assets, or
bankruptcy proceedings, it may be required to assign or share everything or
part of its assets, including personal data. In this case, customers
would be informed before the personal data are transferred to a
third party.
9.4. Transfer of personal data
The Seller undertakes not to transfer personal data outside the territory of
the European Union only with the prior authorization of the Customer and in a secure
in accordance with the requirements of the applicable legislation, ie to countries
with an appropriate level of protection in the sense of the European
Protection of Personal Data (CNIL), either to entities that have signed clauses
contractual obligations as issued by the European authorities.
9.5. Security and confidentiality
The Seller implements organizational, technical, software and physical measures in
digital security to protect personal data against alterations,
destruction and unauthorized access. However, it should be noted that the Internet is not a
completely secure environment and the Seller can not 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 application of the regulations applicable to personal data, customers
have the following rights:
- they can update or delete the data that concerns them by connecting to
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. It should be noted that information shared with others
customers can remain visible to the public on the website, even after removal of
their account;
- they can exercise their right of access, to know the personal data
concerning, by writing to the following email address: contact@france-health.com.
In this case, prior to the implementation of this right, the Seller may request proof of
the identity of the client to verify its accuracy;
- if the personal data held by the Seller is inaccurate, they may
request the update of information, by writing to the following email address:
contact@france-health.com;
- customers may request the deletion of their personal data,
in accordance with the applicable data protection laws, by writing to
the following email address contact@france-health.com.
9.7. Evolution of this clause
The Seller reserves the right to make any changes to this clause relating to the
protection of personal data at all times. If a change is made to
this clause of protection of personal data, the Seller agrees to publish
the new version on his site. the seller will also inform the customer of the modification by
email, within a minimum of 15 days before the effective date. If the customer
disagrees with the terms of the new wording of the protection clause
personal data, he has the option to delete his account.
Find all the information concerning Security and Confidentiality in our page Security and Privacy Policy concerning personal data HERE: SECURITY AND CONFIDENTIALITY POLICY
ARTICLE 11 - Unforeseen
These General Terms and Conditions of Sale expressly exclude the legal regime of
unforeseen circumstance provided for in Article 1195 of the Civil Code for all the sales operations of
Products from the Seller to the Customer. The Seller and the Customer therefore waive each other to avail themselves of
provisions of Article 1195 of the Civil Code and the regime of the unforeseen provision provided for therein,
commitment to assume its obligations even if the contractual balance is upset by
circumstances that were unpredictable at the conclusion of the sale, even if
their execution would prove excessively expensive and bear all the consequences
economic and financial.
ARTICLE 12 - Forced Execution in Kind
In the event of failure of either Party to fulfill its obligations, the Party victim of the
default has the right to request the compulsory execution in kind of the obligations arising from
present. The creditor of the obligation may continue this forced execution after a simple
formal notice, addressed to the debtor of the obligation by e-mail
unsuccessful, unless it proves impossible or if there is a manifest disproportion between
its cost to the debtor and his interest in the creditor.
ARTICLE 13 - Exception of non-performance
The Parties declare expressly to waive the provisions relating to the
the non-performance exception and undertake to fully and fully implement this
even in the event of failure on the part of one or the other.
ARTICLE 14 - Force majeure
The Seller can not be held responsible and no compensation can be requested from him at
delays in delivery or harmful consequences due to force majeure
defined by the case law of the courts and tribunals.
The Seller can not be held responsible for interruptions, delays or unavailability of the Site
due to maintenance work, Internet network interruptions, technical breakdowns,
force majeure, the act of a third party or any circumstance whatsoever.
The Seller endeavors to ensure to the best of his ability the accuracy and updating of
information published on the Site, which it reserves the right to correct, at any time and without
notice, content.
The Site contains information from third parties, so the Seller does not give
no guarantee as to the accuracy, precision or completeness of the information provided
available on the Site. Seller's liability shall in no case be engaged as to
possible occasional errors that may occur on the site.
ARTICLE 15 - Nullity
If any part of the Terms of Sale were to be inapplicable (including any
provision for exemption from liability), the applicability of the remaining Conditions of
Sale would not be affected, and the remaining clauses would remain in effect. As much as possible,
where a clause / subclause or part of a clause / subclause may be separated from the
remainder of the clause in order to make the remaining part valid, the clause must be interpreted as
result. If not, you agree that the clause in question be rectified and
interpreted in such a way as to approximate the original meaning of the clause, in accordance with
law.
ARTICLE 16 - Applicable Law - Language
By express agreement between the parties, these General Terms and Conditions of Sale and the
resulting transactions are governed by and subject to French law.
These General Conditions of Sale are written in French. In the case where
they would be translated into one or more foreign languages, only the French text would
case of dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale transactions entered into pursuant hereto
general terms and conditions of sale could give rise, concerning both their validity, their
interpretation, their execution, their termination, their consequences and their consequences and which would not
could be resolved between the seller and the customer will be submitted to the competent courts in the
common law conditions.
The Client is informed that he can in any case resort to a conventional mediation,
in particular with the Commission for the Mediation of Consumption (C. consom.
612-1) or with existing sectoral mediation bodies or any other alternative means of
dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 18 - Pre-contractual Information - Customer Acceptance
The fact for a natural person (or moral), to order on the website of the Seller
entails full acceptance and acceptance of these Terms and Conditions of Sale and
obligation to pay for the Products ordered, which is expressly acknowledged by the Customer,
who waives, in particular, to avail himself of any contradictory document, which would be unenforceable
to the salesman.
ANNEX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver a good in conformity with the contract and answers for the defects of conformity
existing at the time of delivery. It also responds to the lack of conformity resulting from
packaging, installation instructions or installation when it has been
charged by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has
presented to the buyer as a sample or model
- present the qualities that a buyer can legitimately expect given the declarations
made by the seller, the producer or his representative, in particular
in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be
suitable for any special purpose sought by the buyer, made known to the seller and
that 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 issue of the
good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which has been
granted during the acquisition or repair of movable property, a covered restoration
the guarantee, any downtime of at least seven days is added to the duration of the
the guarantee that remained to run. This period runs from the date of the request for
the purchaser or the provision for repair of the property in question, if such provision
is after the request to intervene.
Article 1641 of the Civil Code
The seller is bound by the guarantee because of the hidden defects of the thing sold that make it
unsuitable for the use for which it is intended, or which so diminish that use, that the buyer
would not have acquired it, or would have given it a lesser price, had he known it.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the latent defects must be brought by the purchaser within two
years from the discovery of vice.
