GENERAL CONDITIONS OF ONLINE DISTANCE SALE
ARTICLE 1: GENERAL.
Any order for a product marketed by BCA Distribution LLC (Dermaprotech), registered with Registered Agents Inc. 30 N Gould St Ste R, Sheridan, WY 82801, implies unreserved acceptance of these general conditions which shall prevail over all conditions of purchase regardless of the clauses that may appear on any documents of the purchaser, knowing that sales are normally intended for professional customers. The final purchaser, hereinafter referred to as "the customer" acknowledges having previously received from Dermaprotech all information and advice on the essential characteristics of the product sold. These conditions apply throughout the duration of the online publication of the products offered by Dermaprotech.
ARTICLE 2: SUBJECT:
This contract for the provision of services and goods on the Internet is concluded between Dermaprotech and the customer as part of a distance selling system. Acceptance and confirmation of the order are carried out by entering data on successive screen pages.
ARTICLE 3: DELIVERY / ORDER
The delivery terms are specified when placing the order. By order, it is necessary to understand any order relating to our products appearing on our prices and accepted by our company. Delivery times when ordering are given only as an indication and any delays do not entitle the customer to cancel the sale, refuse the goods or claim damages. Delivery costs are payable by the customer for delivery within 48 to 72 hours by Colissimo or equivalent. The products can only be delivered in metropolitan France, in the overseas departments and territories and local authorities of the French Republic as well as in all the countries mentioned in the "delivery and shipping" section of the website, at the place indicated by the customer in his order. In the event of partial availability of the Products ordered, Dermaprotech may be required to make several shipments, only one being invoiced to the Customer. The products ordered will be delivered within a maximum of 10 days from receipt of the amount of the Products ordered. In the event that the Product ordered is unavailable, the Customer will be informed and the order canceled. Consequently, the Customer will be reimbursed without delay for the sums collected by the company Dermaprotech in respect of his order. Since Dermaprotech uses the services of a third party for the transport and delivery of the goods, the goods travel at its own risk. To allow the company Dermaprotech to preserve its rights and to invoice the carrier for the merchandise which turns out to be unusable, the customer must make reservations on the transport receipt specifying the number of missing or damaged packages, the nature of the deterioration or any other subject of the complaint. Notify Dermaprotech so that the latter can confirm these reservations to the carrier within 3 working days after delivery. Failure to notify Dermaprotech within the necessary time limits the customer to be held liable. In the event of an order by return of the order form, the terms indicated on it must be respected. In the event of an order by telephone, a written confirmation of the offer accepted by telephone by the customer will be sent to him. In the event of an Internet order, confirmation by e-mail will be sent to the customer. Dermaprotech undertakes to honor orders received only within the limits of available stocks of the products. In the absence of product availability, Dermaprotech undertakes to inform the customer as soon as possible.
ARTICLE 4: PRICE - PAYMENT TERMS - PENALTIES
The applicable price is that stipulated on the order form or on the mail or email confirming the offer. The prices are indicated in euros in net. All orders must be paid in cash. In the event of refusal of cash payment, our company may refuse to honor the order and deliver the goods concerned, without the customer being able to claim any compensation for any reason whatsoever. The customer can make the payment either immediately online, by credit card (normal procedure), or upon delivery (specific cases previously agreed). If, during a previous order, the buyer has evaded one of his obligations (default or late payment, for example), a refusal to sell may be opposed, unless this client provides sufficient guarantees or cash payment.
ARTICLE 5: TRANSFER OF OWNERSHIP AND RISKS
The seller retains ownership of the goods sold until full payment has been made. These provisions do not preclude the transfer to the customer, upon delivery, of the risks of loss and deterioration of the products sold and no reimbursement can be requested from Dermaprotech in this regard.
ARTICLE 6: DISTANCE SALE: WITHDRAWAL PERIOD
The customer has a period of 14 days from receipt of the goods to exercise his right of withdrawal by returning the ordered product (s) to the company Dermaprotech (postmark as proof of the date of dispatch. ) and request a refund. The goods must be returned in their original packaging (s), complete and in perfect condition to the address indicated on the packing slip of the package or the invoice. Please note: the fact of not receiving or going to withdraw the Products can in no way be equated with the implicit exercise of a right of withdrawal. Likewise, especially with regard to shipments outside the European Union, any delay or non-delivery due for example to customs retention does not constitute a cause for withdrawal, the buyer being deemed to know the legislation of his country. concerning the products ordered and the risks that may affect them. Return costs are always the responsibility of the customer. When the 14-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next (1) working day Dermaprotech undertakes to reimburse the customer within a maximum period of thirty (30) following days the date on which he exercised his right of withdrawal.
ARTICLE 7: GUARANTEES
The products must be checked on delivery by the customer. The customer has a period of 3 working days after delivery of the products to report any missing item or apparent defects, any complaint, whatever its nature, relating to the products delivered, in writing, by registered letter with notice. of receipt, addressed to the registered office of the company appearing in article 1 hereof. Defects and deterioration of the delivered products resulting from abnormal storage and / or conservation conditions at the customer's premises cannot give rise to the guarantee due by Dermaprotech. On the other hand, Dermaprotech guarantees its products against hidden defects.
ARTICLE 8: SIGNATURE AND PROOF / RESPONSIBILITY
The online supply of the bank card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth due to the sums committed by the seizure of the articles appearing on the purchase order. This validation is worth signature and express acceptance of all operations carried out on the site. The computerized registers, kept in the computer systems of the Dermaprotech Company under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy. Dermaprotech has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. Dermaprotech cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with jurisprudence. Dermaprotech cannot be held responsible for non-performance of the contract in the event of force majeure, total or partial disruption or strike, in particular of postal services and means of transport and / or communications. Dermaprotech cannot be held responsible for damage caused by improper use of the products or by non-compliance with the precautions for use indicated on the products.
ARTICLE 9: INTEGRALITY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale
ARTICLE 10: DATA PROCESSING AND FREEDOMS
The information collected by Dermaprotech relating to the customer domiciled in France benefits from the protection of the “data processing and freedoms” law N ° 78617 OF January 6, 1978. They may give rise to the exercise of the individual right of access, rectification or opposition to the company Dermaprotech under the conditions provided for by the deliberation of the CNIL OF April 1, 1980. Unless the customer opposes (by mail to Dermaprotech at the address indicated in article 1 hereof), Dermaprotech reserves the right to use customer information in the course of business operations. Dermaprotech therefore complies with French regulations in this area and consequently with the following European rules / Directive 95/46 / EC of the European Parliament and of the Council, of October 24, 1995, on the protection of individuals with regard to data processing. of a personal nature and to the free movement of such data. Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of electronic commerce in the internal market ("Directive on electronic commerce")
ARTICLE 11: DISPUTES and JURISDICTION
In the event that a dispute arises from the execution hereof, the parties undertake before any legal action to seek an amicable solution. Any complaint must be addressed to the company Dermaprotech by mail to its head office. The parties agree that this contract is subject to US law.
In the event of a commercial dispute, you have the possibility to contact the mediator of the CM2C association to which Dermaprotech is a member