General Terms of Sale
DERMOPLANT (“Dermoplant”), a company with its registered seat on Parc Altais, 178 Route de Cran Gevrier, 74650 CHAVANOD, bearing EU VAT number: FR 91 794 147 918, registered with the R.C.S. Annecy under company registration number 794 147 918.
Product(s): this term refers to the cosmetic products commercialized by Dermoplant and proposed for sale on the Website.
Buyer: this term refers to the other contracting party, an individual having ordered one or several Product(s) on the Website.
Beneficiary: this term refers to the Buyer or a third party which is the beneficiary of the Product(s) which the Buyer uses in their personal capacity or offers to a third party.
Website: this term refers to the Internet Website of Dermoplant: dermoplant.com on which the Product(s) are presented and sold to the Buyer. The Website is hosted by WEB 74, a company with its registered seat on Parc Altais, 178 Route de Cran Gevrier, 74650 CHAVANOD, registered with the Trade Registry of ANNECY.
Order: this term refers to a sale agreement concluded between Dermoplant and the Buyer.
Party (Parties): the Buyer and/or Dermoplant will be hereinafter individually referred to as the Party and together as the Parties.
The general terms of sale and warranties are intended to define the conditions under which Dermoplant proposes, via its Website, the sale of the Products to the Buyers. Thus, by placing an Order for one or more Product(s), the Buyer accepts and is bound by the general terms of sale and warranties which supersede any other document, except for special conditions priorly agreed in writing by Dermoplant. The Buyer has acknowledged and agreed to the general terms of sales and warranties prior to placing the Order.
The general terms of sale shall only be applicable to the online sale of Product(s) on the Website and will be in force starting August 1, 2013. The general terms of sale cancel and replace any previous version of the terms of sale. Dermoplant reserves the right to modify the general terms of sale and warranties at any time and without prior notice. Nonetheless, the general terms of sales and warranties applicable to an Order of Product(s) placed by a Buyer on the Website are those accepted by the Buyer at the time the Order is placed.
Article 3.1: Product(s) Availability for Sale
According to article L. 111-1 of the Consumer Code, prior to placing the Order, the Buyer can become aware of the essential characteristics of the Product(s) which the Buyer intends to purchase, on the Website directly. On the other hand, should the Buyer wish to obtain an advice on the Product(s), the customer service is available to this purpose:
▪ By phone : 04 50 45 75 58 from Monday to Friday from 9h to 12h and from 14h to 18h
▪ Or via email : email@example.com
Should one or more of the Product(s) not be available after the Order has been placed, the Buyer shall be informed as soon as possible. At his choice, the Buyer will then be able to either change the Order or cancel the Order and request refunding which will be performed within 30 days following the request.
Article 3.2: Product(s) Order
To buy the Product(s) the Buyer must access the Website and create an account by providing his status, name and surname, email address and password.
An online Product(s) Order implies:
- The first step: Dermoplant sends a confirmation and summary of the Order by email
- The second step: Dermoplant sends a confirmation of the Order shipment by email
- The third step: Dermoplant delivers the Product(s) by post to the address indicated by the Buyer at the time of placing the Product Order.
Article 3.3 : Warranties & Post-sale Service
The Buyer benefits from the legal warranty against eviction and hidden defects foreseen at articles 1641 and following of the civil code. In case of non-conformity of the Product(s) against the Order or of delivered Product(s) with hidden defect, Dermoplant commits to, at the choice of the Buyer, either exchange the Product with an identical one or with one of identical quality and price according to product availability in stock, or refund the price of the Product(s) within a term of maximum 30 days following the submission of the complaint by the Buyer.
For any complaint, a Post-sale service for “Product(s)” is available for the Buyer:
Phone: 04 50 45 75 58 from Monday to Friday from 9h to12h and from 14h to 18h
Mail: Société Dermoplant; Parc Altais, 178 Route de Cran Gevrier, 74650 CHAVANOD; France
Except for specific cases of Product(s) non-conformity against the Order, no Product(s) exchange is possible. Should the Buyer change his mind and wish to exchange the Product(s) ordered with a new Product(s), the Buyer must return the Product(s) as per his right of revocation (according to article 5.6). The Product(s) will be refunded but not exchanged. To obtain a new Product(s), the Buyer will place a new Order on the Website.
Article 4.1: Ordering
An Order is considered placed on the Website and the general terms of sale and warranties accepted when the Buyer validates the payment. The data registered by Dermoplant and the secured payment provider represent the proof of the nature, content and date of the Order.
The confirmation or the double click by the Buyer for the Order represents an electronic signature with the same legal value as a handwritten signature. The confirmation or the double click and the acceptance of the general terms of sale and warranties (check box) represent the definitive and without reserve agreement on the Order by the Buyer.
The sale shall only be considered definitive after the Order confirmation is sent to the Buyer by Dermoplant and the price is fully collected by Dermoplant. Dermoplant recommends to the Buyer to keep an electronic or hard copy of the information contained in the Order confirmation sent by Dermoplant.
Dermoplant reserves the right to cancel any Order from a Buyer with whom there is litigation in relation to a previous payment or to any other legitimate reason regarding the abnormal nature of an Order.
The Buyer can at any time check the Order in the “My Account/History and details of my Orders” section available to this purpose.
Article 4.2: Price
The prices of the Product(s) are expressed in euros with all taxes included (ATI), except for the cost of processing and delivery which is a fixed amount that will vary according to the Buyer’s choice:
▪ € 6.58 for a Colissimo (La Poste)
This fixed amount will be applied and indicated upon final validation of the Order by the Buyer.
For any Order of the Buyer equal to or exceeding €69, the abovementioned cost of processing and delivery will not be applied to the Buyer.
The Product(s) remain the property of Dermoplant until full payment of the price.
The potential promotional offers are valid as long as they are shown on the Website.
Article 4.3 : Payment
The Order is paid online on the Website via a bank card (Carte Bleue, Visa, Mastercard or PayPal). Should one or more Product(s) be purchased on the Website, the Buyer will provide the information required in the designated areas: the card number, validity date and security code located on the back of the card. The total amount corresponding to the Order will be debited from the card the day the Order is placed.
Dermoplant reserves the right to suspend any Order processing and delivery in case of non-payment or denial of bank card payment by the officially accredited and common authorities on the Internet. Dermoplant reserves the possibility to refuse to honor the Order from a Buyer who has not fully or partially completed a previous payment, or with whom there is payment litigation in process.
Dermoplant cannot be held liable for any misappropriation or illegal use of a payment method which has not been detected by the verification procedure. The Buyer guarantees to Dermoplant that he holds all necessary authorizations to use the payment method chosen for the Order.
Any illegal use of the bank card shall not be taken into account for refunding by Dermoplant. As long as a Product(s) Order has not been fully paid, the Product(s) remain(s) the property of Dermoplant.
Article 4.4 : Payment Security
The purchases made by the Buyer are secured. When a Buyer places an online Order, the operation is performed on the servers of Dermoplant. When the Buyer makes the payment of the Order, the information is sent to the secured servers of Dermoplant’s partner: Web74. Transactions performed on the Website are secured by the Web74 payment system (https:://webmail.web-74.com). All the data exchanged in relation to the payment are encoded through the SSL protocol. These data will be neither detected, nor intercepted or used by third parties. Web74 is certified by Visa (AIS), Mastercard (SDP) and PayPal. These certifications guarantee that the operational processes and the technical solutions used by Web74 comply with the most demanding criteria in terms of security of electronic exchanges and protection of bank data.
Article 4.5: Shipment & Delivery
Dermoplant commits to ship the Order within a term of 24 hours to 2 business days, according to the delivery option chosen by the Buyer.
The delivery will be performed within an average term of 2 to 5 business days according to the delivery option chosen by the Buyer but no later than 30 days starting from the day after the date of placement of the Order. The delivery is performed by COLISSIMO according to the option chosen by the Buyer, at the address indicated by the Buyer at the time the Order is placed. Dermoplant cannot be held liable for a delivery delay caused by the courier.
Any missing or inaccurate element in the delivery address and the identity of the Buyer exempts Dermoplant from any liability with respect to delivery.
As soon as the Order is received, the Buyer is held liable to:
- Formulate any reserve or complaint with the employee of the Poste or to refuse the package if the package is likely to have been opened or damaged
- Report these incidents to the Post-Sale service whose contact details are indicated at article 3.3 for the Product(s), as soon as possible and no later than 3 business days starting from the reception of the Order.
Should the Buyer fail to do so, Dermoplant will assume the Order was delivered in good condition and cannot be subject to any further dispute.
Article 4.6: Withdrawal & Non-conformity
In application of the provisions of article L.121-20 of the Consumer Code, the Buyer has a withdrawal term of seven (7) clear days starting from the delivery of the Order to return the Product(s) delivered for refunding. When the seven-day (7) term expires on Saturday, Sunday or on a public holiday, the term is extended until the next business day.
The refunding of all amounts paid will take place at the latest within 30 days starting from the date the right of withdrawal has been exercised. Beyond this term, the amount owed is rightfully generating interest at the legal rate in force. Returns (due to non-conformity or exercise of the withdrawal right) must at all cases be done to the following address: Société Dermoplant; Parc Altais, 178 Route de Cran Gevrier, 74650 CHAVANO, in their original packaging and in a perfect state for resale. In principle the cost of the return is borne by the Buyer.
Article 4.7: Liability
Dermoplant cannot be held liable for any indirect damage that could occur from the purchase of the Product(s). Dermoplant cannot be held liable for the non-execution of the Order in case of inventory shortage or lack of availability of the Product(s) for force majeure reasons such as these are defined by the jurisprudence and French jurisdictions.
Moreover, Dermoplant cannot be held liable with respect to the general terms of sale for any damage resulted from the use of the Internet, such as a virus, intrusion, loss of data, shortage in the Internet service.
Article 4.8: Data Protection & Civil Liberties
The data collected by Dermoplant from any Order placed by a Buyer are necessary to process the Orders by Dermoplant and its commercial partners.
According to the law on data protection and civil liberties n° 78-17 dated 6 January 1978, the Buyer has the right to access, to amend, to eliminate and to oppose its personal data. The Buyer can exercise this right by writing to Société Dermoplant, Parc Altais, 178 Route de Cran Gevrier, 74650 CHAVANO, and indicating his name, surname and address as well as the purpose of his request.
Dermoplant might send promotional offers and newsletters by post or email with the prior consent of the Buyer given during the online registration procedure.
Article 4.9: Intellectual Property
The Website is protected by Intellectual Property Rights. The Website and each of its components (trademarks, logos, photos, images, texts, slogans, and videos) are the exclusive property of Dermoplant and any unauthorized use is strictly forbidden. Any partial or full reproduction or representation of the Website or of any of its components shall be subject to prior written approval from Dermoplant. Hypertext links to the Website shall only be established with the prior written authorization of Dermoplant. The trademarks found on the Website are registered with the INPI (National Institute of Industrial Property) and are the property of Dermoplant.
Article 4.10: Dispute Settlement & Litigation
In case of a dispute between Dermoplant and the Buyer, the most diligent party shall address, prior to contacting any representative of a jurisdiction, a formal notice containing the complaints towards the other party. Failing any amicable settlement within 15 days starting from the date the formal notice is issued, the most diligent party shall notify to the other party in writing, prior to notifying any representative of a competent court, the end of the amicable settlement period.
Article 4.11: Applicable Law & Competent Court
The general terms of sale as well as the sale of Product(s) are construed in accordance to French laws.
Failing amicable settlement, any dispute regarding the interpretation, execution or termination of the agreement concluded by Dermoplant and the Buyer shall be exclusively settled by the competent French courts.