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DERMAPOSITIVE Online Store 

 

These General Conditions of Sale govern the contractual relationship between any customer (consumer or professional) of the DERMAPOSITIVE online store.

(the "Client") and DERMAPOSITIVE - 51 rue Saint Louis en L'isle, 75004, Paris 

  Tel.: 01 86 98 12 82

 E-mail: sales@dermapositive.com 

  Commercial register number. 825068067 

 VAT number. FR20825068067 

 Director: Isabelle Atlan (named “DERMAPOSITIVE”). 

 

 1 Content of the General Conditions of Sale 

 1.1 The content of these General Conditions of Sale exclusively governs all purchase contracts concluded between the Customer and DERMAPOSITIVE via the online store accessible at the address www.dermapositive.com (The online store "). For each purchase, the version of the General Conditions of Sale in force at the time of the conclusion of the contract will be that applicable to the contract. 

 

 1.2 The General Terms and Conditions of Sale are binding on any Customer who acknowledges, by ticking a box provided for this purpose when placing an order, to have read them and to have accepted them in full.  

 

 1.3 It is recommended that the Customer read these General Terms and Conditions of Sale carefully before placing an order and print them or download them in PDF format and then save them._cc781905-5cde-3194- bb3b-136bad5cf58d_

 

 1.4 The application of any general conditions of purchase or other general conditions of the Customer is expressly excluded, except with the prior written consent of DERMAPOSITIVE. 

 

 2 User account 

 2.1 Insofar as the Customer wishes to conclude purchase contracts with DERMAPOSITIVE via the Online Shop, he must register and create a user account.

 

 2.2 The Customer undertakes to provide accurate, complete and up-to-date information concerning him, to keep his access data confidential and not to allow access to his user account to any third. Any natural person who creates a user account intended for professional clients confirms that they are authorized to open a user account in the name of the professional client on whose behalf they are acting. DERMAPOSITIVE reserves the right to refuse the creation of a user account, to delete a user account at any time or to block access to said account if it has legitimate reasons leading it to believe that the information provided is inaccurate, that the account user is used in an abusive or misappropriated manner or in violation of the rights of a third party or in any other way that does not comply with the applicable legislation or these General Conditions of Sale. 

 

 2.3 The Customer undertakes to contact and immediately inform DERMAPOSITIVE as soon as he notices or suspects that his user account is or has been used by an unauthorized third party. The Customer is solely responsible for all orders, contracts or other actions carried out via his user account, except insofar as he manages to demonstrate that he has validly and immediately informed DERMAPOSITIVE of an abusive use of his user account and has failed in any duty of care in the operation of his user account. 

 

 2.4 DERMAPOSITIVE will save the information relating to any order and will send the Customer a written confirmation including a summary thereof by e-mail. The Customer is also able to see the information relating to his orders by logging into his user account. 

 

 3 Contracting Parties 

 3.1 Any consumer Customer declares to have the legal capacity to accept the General Conditions of Sale and to place an order on the Online Store, i.e. to be of legal age and not to subject to a legal protection measure for adults. Any natural person placing an order for a Professional Customer also declares to be authorized to act in the name and on behalf of said Professional Customer. 

 

 4 Conclusion of contract 

 4.1 All information relating to the products and available on the Online Store, in particular technical data, photos, dimensions or information relating to fields of application and specifications, etc. are provided for information purposes only and may be modified at any time. The modifications made by DERMAPOSITIVE to the characteristics of the products will not however be applicable to orders in progress made by consumer Customers. 

 

 4.2 The Customer selects the products he wishes to order from this range of products. The Customer then clicks a first time to add them to his basket and review the details and the total price of his order and correct any errors. Then, if he wants to validate his order, he will click a second time to confirm his acceptance of this order, this second click being worth acceptance and concomitant acceptance of these General Conditions of Sale. 

 

 4.3 DERMAPOSITIVE acknowledges receipt of the Customer's order by sending an e-mail. A summary of the order information and the General Conditions of Sale will be sent to the Customer in pdf format via the order confirmation e-mail. 

 

 4.4 In the event of the unavailability of a product, DERMAPOSITIVE will keep the Customer informed by e-mail as soon as possible in order to cancel the order for this product, the rest of the order remaining firm and final, subject to the application of the right of withdrawal referred to below in article 5. DERMAPOSITIVE will then offer the Customer an exchange Product of the same value. If the Customer fails to accept this exchange Product, he will be refunded the price of the product thus cancelled. 

 

 5 Right of withdrawal and refund 

 5.1 If the Customer is a consumer and resides in France, Switzerland, Liechtenstein or in a member country of the European Union, he may cancel his order under the conditions set out below. -after: 

 5.2 Right of withdrawal 

 5.3 The Customer has a period of fourteen (14) days to exercise his right of withdrawal from any order placed on the Online Store, without giving any reason._cc781905-5cde-3194 -bb3b-136bad5cf58d_

 5.4 The withdrawal period runs from the day of receipt of the goods by the Customer or by a third party, other than the carrier, designated by the Customer. In the case of an order for several products delivered separately, the period runs from the receipt of the last product. 

 5.5 In order to exercise his right of withdrawal, the Customer must inform DERMAPOSITIVE of his decision to withdraw, by sending an unambiguous declaration expressing his will (e.g. a letter, fax or e-mail) to the following coordinates: DERMAPOSITIVE 51 rue Saint Louis en L'isle, 75004, Paris  E-mail: sales@dermapositive_cc781905-5cde-3bbbde-3bbb4-3194-3194 -136bad5cf58d_

The Customer must indicate whether he wishes to obtain a refund of the product or an exchange of product. The withdrawal period is respected when you send your request before the expiry of the period of fourteen (14) days mentioned above._cc781905 -5cde-3194-bb3b-136bad5cf58d_

5.6 Effects of withdrawal 

 5.7 In the event of a refund request, DERMAPOSITIVE is required to reimburse the Customer for all sums paid in accordance with the terms of the regulations in force concerning consumer protection (excluding the costs additional delivery costs that would result from the Customer's choice to use a more expensive delivery method than the standard delivery method that DERMAPOSITIVE offered him, which will in any case not be reimbursed to him). This reimbursement will take place, at the latest within fourteen (14) days from the date on which DERMAPOSITIVE is informed of the Customer's decision to withdraw. In order to make the refund, DERMAPOSITIVE will use the same means of payment as that used by the Customer during the initial transaction, unless the Customer expressly agrees to use another means of payment. Under no circumstances will DERMAPOSITIVE charge any additional fees for this reimbursement. DERMAPOSITIVE may defer reimbursement until the earlier of the following dates: the recovery of the goods or until the Customer has provided proof of the shipment of the products. In the event of a request for a product exchange, all the cost of returning the product will be reimbursed to him as indicated above, but the cost of shipping the new product may again be invoiced to the Customer by DERMAPOSITIVE. The refund or exchange can only be accepted by DERMAPOSITIVE for products undamaged, and in their original condition, in particular with complete packaging, intact and in salable condition. 

 5.8 The Customer must return or return the products without undue delay and in any case no later than fourteen (14) days following the communication of his decision to withdraw, to DERMAPOSITIVE, the postmark being authentic. 

 5.9 The deadline is met if you send the goods before the expiry of the fourteen days. 

 

6 Exceptions to the right of withdrawal 

  The Customer is informed that the right of withdrawal described in article 5 above does not apply if the products cannot be returned for hygiene reasons, in particular when the DERMAPOSITIVE product has been opened or used. 

 

7 Product Availability and Delivery 

 7.1 The order will be executed within a period of between 2 and 15 working days from the day following that on which the payment was accepted by our bank, regardless of the method of payment used. during the order. In the event of unavailability of one or more products ordered, in particular due to a shortage of stock from our suppliers, the consumer will be informed as soon as possible and will have the choice between: - Putting the order on hold, while DERMAPOSITIVE receives the missing products and ships all the products.- Request the exchange of the missing product(s) with a product of an equivalent price.- Request reimbursement of the sums paid within 30 days of their payment at the latest.  

 

 7.2 The products are delivered to the address indicated by the Customer on the order form. For metropolitan France, the products will be delivered within 2 to 7 working days. The consumer is required to provide all the details necessary for the delivery of his purchases. If his parcel is returned to DERMAPOSITIVE by the carrier for the following reasons: incomplete or incorrect address or parcel not claimed on time, the costs of returning his parcel will be at his expense.

For any other country, the Customer will be delivered within a period which will be indicated when placing his order, it being specified that in the absence of mention of this period, the delivery will then be made within thirty (30) days from of receipt of the order. 

 

 7.3 When ordering products with different shipping statuses, the latest shipping date will apply to the entire order (no partial delivery).   7.1 DERMAPOSITIVE declines all responsibility in the event of delays in delivery attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure. If the delivery is delayed for more than 30 days after the conclusion of the contract, the Customer is entitled to cancel his order by sending a letter, fax or e-mail to DERMAPOSITIVE Customer Service (cf. article 10 below) if, after having instructed DERMAPOSITIVE to make the delivery within a reasonable additional period, the product has still not been delivered to it at the end of this additional period (unless the initial delivery date or the expiry of the 30-day period constitutes an essential condition of the contract for the Customer). If the order is canceled under the above conditions, DERMAPOSITIVE will reimburse the Customer for all sums paid by the latter, in accordance with the terms of the regulations in force on this date and this, at the latest within 14 days following the date on which which the contract was terminated. If the Customer fails to accept the delivery or if he fails in his other cooperation obligations, DERMAPOSITIVE reserves the right to invoice him for the sums incurred as a result of this absence of reception. It is the Customer's responsibility to inspect the products upon delivery and to report any damage caused during transport as well as any apparent defect and to document them, upon receipt of his order. Upon receipt of the delivery, the Customer is also obliged to check whether it is complete and whether it corresponds to the products ordered. Discrepancies between the order and delivery, transport-related damage and any visible defects must be declared in writing (by e-mail, fax or post) to DERMAPOSITIVE Customer Service, as soon as possible and in any condition. cause no later than 2 days after delivery. The absence of a declaration has no effect on the legal guarantees available to the Customer. 

 

 8 Prices and shipping costs 

 8.1 The price is determined on the date of the order. 

 

 8.2 The prices shown in the Online Shop (product overview and details) do not include VAT or shipping and delivery costs. Prior to the finalization of his order, the Customer visualizes an overview of his order which mentions the final price including shipping and delivery costs, as well as VAT and any import duties – depending on the place of establishment. or residence of the Customer. Shipping and delivery charges as well as taxes, duties and other fees and expenses are determined based on the delivery method and address. 

 

 8.3 For deliveries abroad (outside France), the establishment of the invoice is carried out, if necessary, without indication of the VAT and without taking into account the customs fees and other possible expenses, which will be indicated to the Customer when the order is concluded. The Customer must pay these taxes, customs fees and other costs and expenses directly to the competent body or authority of his place of residence in accordance with the legal provisions in force in his country of residence. DERMAPOSITIVE advises the Customer to inquire about these aspects with their local authorities. 

 

 8.4 Professional Customers whose head office is located in the EU also have the possibility of making an intra-Community delivery exempt from taxes if they specify their intra-Community VAT number during the procedure of command. 

 

 9 Payment

 9.1 The Customer makes the payment at the time of the final validation of his order by specifying his credit card number or via PayPal. 

 

9.2 The Customer guarantees DERMAPOSITIVE that he has the necessary authorizations to use these payment methods and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the sums due under the order._cc781905 -5cde-3194-bb3b-136bad5cf58d_

 

9.3 The Customer is informed of the fact that DERMAPOSITIVE checks the solvency or the provisions present on the card within the framework of the order before confirming the order.

9.4 The banking information is indicated in the order acknowledgment or in the order confirmation. As soon as DERMAPOSITIVE receives the payment, the goods are dispatched in accordance with the deadlines specified in article 8.9.5 It is recalled that the fact for the Customer to validate his order implies the obligation to pay the price indicated._cc781905-5cde-3194 -bb3b-136bad5cf58d_

 

 10 Customer Service 

  For any question relating to the products or the Online Store, DERMAPOSITIVE provides Customer Service to the Customer at the following contact details: sales@dermapositive.com

Tel: 01 86 98 12 82

 

11 Guarantees 

11.1 Consumer Customers residing in France benefit from a legal guarantee of conformity pursuant to the provisions of Articles L.211-4 et seq. of the Consumer Code. As part of this legal warranty, the Customer: (i) Benefits from a period of two (2) years from the delivery of the product to act vis-à-vis DERMAPOSITIVE, (ii) can choose between the repair or the replacement of the product, subject to the cost conditions provided for in article L. 211-9 of the consumer code; if repair and replacement are impossible, the Customer may return the product and have the price refunded or keep the product and have part of the price refunded, (iii) is exempt from providing proof of the existence of the conformity of the product during the 24 months following the delivery of the good. 

 

 11.2. Customers also benefit from the legal guarantee against hidden defects referred to in articles 1641 and following of the Civil Code, for a period of 2 years from the discovery of the defect affecting the goods delivered. If he implements this guarantee, the Customer may choose between the resolution of the sale or a price reduction. This guarantee will not be due in any of the legal cases of exemption from liability and in the event of non-compliance by the Customer, in whole or in part, with the instructions for use of the product._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

 11.3 Finally, the Customer benefits from the legal guarantee against defective products and that for voluntary or involuntary injury to life.

 

 11.4 The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal provided for in article 5. 

 

 12 Disclaimer 

 12.1 With regard to consumer Customers, DERMAPOSITIVE's liability towards consumer Customers is engaged in the cases provided for by the applicable legal provisions. With regard to professional Customers, DERMAPOSITIVE shall not be liable only for direct and foreseeable damage at the time of the conclusion of the contract. In any case, this liability is limited to the amount of the order excluding taxes. These exclusions and limitations of liability do not apply to bodily injury or injury to life, nor to product liability. 

 

 13 Data Protection 

13.1 DERMAPOSITIVE processes the data collected on the Online Store within the framework of the confidentiality charter accessible on the DERMAPOSITIVE website. 

DERMAPOSITIVE undertakes to comply with all applicable legal and regulatory provisions when collecting, processing and using personal data. Detailed information on data protection can be found in the confidentiality charter which forms an integral part of these General Terms and Conditions of Sale. 

 

 14 Intellectual Property 

 14.1 DERMAPOSITIVE retains ownership and all intellectual property rights over (i) the texts, drawings, images, illustrations or other elements appearing on commercial documents, in particular catalogs and promotional materials , of DERMAPOSITIVE, on the packaging of the PRODUCTS and on its website, (ii) the designs, models and works protectable under copyright appearing on or relating to the goods sold, and (iii) its corporate names, trademarks , logos and other distinctive signs. 

 

 14.2 The CUSTOMER is not granted any right to all the elements mentioned in this article and is prohibited from any reproduction, representation, modification or use for any purpose other than the promotion and the resale of the goods sold, without having obtained the prior written consent of DERMAPOSITIVE. In particular, the CUSTOMER is prohibited from deleting, masking, degrading, duplicating, reusing or modifying, in any way whatsoever, the distinctive signs of DERMAPOSITIVE appearing on the goods sold and on all media and documents transmitted by DERMAPOSITIVE to the CUSTOMER. . 

 

 15 Applicable law and competent jurisdiction 

 15.1 Subject to applicable national public order provisions, these General Terms and Conditions of Sale as well as the contracts concluded on the basis of these General Terms and Conditions of Sale are governed by French law._cc781905 -5cde-3194-bb3b-136bad5cf58d_

 

 15.2 The competent court in the event of a dispute is the Paris Commercial Court, even in the event of summary proceedings, incidental claims, warranty claims or multiple defendants. On the other hand, for a consumer Customer, the competent court will be that of his place of residence. 

 

 16 Final provisions 

 16.1 If any of the provisions of these General Conditions of Sale were not legally valid in whole or in part, subsequently lost their legal validity or contained legal voids, this will not affect not the validity of the other provisions and the General Conditions of Sale as a whole. In this case, the invalid or missing provisions will be replaced or supplemented by new provisions which come as close as possible to the original economic and legal objectives of these General Conditions of Sale. 

 

16.2 DERMAPOSITIVE reserves the right to modify these General Terms and Conditions of Sale at any time. The amended General Conditions of Sale are made available on the Online Shop. Only the General Conditions of Sale in force at the time of the conclusion of the contract are taken into account.