Article 1. General
This website www.medspa.fr (hereinafter referred to as the “Site”) is published by MedSPA Laboratoires, a simplified joint-stock company, with a registered capital of €500,000, whose head office is located at 68, rue du Faubourg Saint-Honoré 75008 Paris, France, registered with the Commercial Register of Paris, under the number 819 734 377, and whose VAT registration number is FR70819734377 (hereinafter referred to as “MedSPA Laboratoires”).
These general terms of sale (hereinafter referred to as “terms and conditions”) govern all relations between MedSPA Laboratoires and any party seeking to purchase one or more product(s) sold by MedSPA Laboratoires on this Site.
It is specified that these terms and conditions apply to the exclusion of all other terms and, in particular, the general terms of sale in force for sales in stores, shops, pharmacies and/or health and beauty outlets offering MedSPA Laboratoires products.
The terms and conditions applicable are those published on the site at the time that the order is placed. Any party visiting this website is free to print these terms and conditions, provided that they are not amended, however.
Within the scope of these terms and conditions, the terms “Product” or “Products” refer to the products available for sale on the Site and shipped by MedSPA Laboratoires.
The “Client” denotes any consumer, i.e., any natural person, who is not a retailer, acting in a non-professional capacity, who visits one or more web pages of the Site, whether such person has initiated a purchasing process on this Site or not. The Client must have full legal capacity and be of legal adult age.
Article 2. Products
2.1. The Product offers made by MedSPA Laboratoires on the Site remain in force as long as the Products are present on the Site, and subject to stock availability.
The Client is responsible for any use made of the Products purchased on the Site. The Products are intended for the Client’s personal use, with no direct relationship with the Client’s occupation.
2.2. Fundamental Product characteristics
Prior to ordering, the Client may take note, directly on the Site, of the fundamental characteristics of the Product(s) that the Client seeks to order.
The differences between the photographs and the Products may only be minimal differences and do not apply to the fundamental Product characteristics.
MedSPA Laboratoires invite the Client to refer to the description of each Product to find out its specific characteristics. If in doubt or if the Client requires further information, he/she may contact MedSPA Laboratoires by email at the following address email@example.com .
However, in the event of a patent error in the price and/or between the characteristics of a Product and its profile, the Client undertakes to contact MedSPA Laboratoires by email at the following address firstname.lastname@example.org, in order to notify the latter of said patent error. In any case, MedSPA Laboratoires may correct a patent error; the Client being entitled to cancel his/her order in the event of rejection of the corrected terms.
Article 3. Prices
On the pages of the Site presenting the Products, purchase orders and invoices issued to the Client, the prices are given in Euro inclusive of all taxes, taking into account the Value Added Tax (VAT) rate and any discounts applicable on the day of the order.
On the pages of the Site presenting the Products, the prices given do not include shipping costs which incur an extra charge and are specified to the Client prior to the final order validation.
The prices of the Products are subject to change according to MedSPA Laboratoires’ sales policy. The Product shall in any case be invoiced on the basis of the prices in force on the Site at the time of the final order validation.
The price of each order, including shipping costs, is payable outright at the time of the order. Failing this payment, no delivery shall be made and the sale is deemed to have been cancelled by the Client.
Article 4. Order
4.1. Registration and account creation
In order to place an order, the Client must first register on the Site.
The Client’s email address shall serve as the login. However, the Client chooses his/her password. It is the responsibility of the Client to change his/her password regularly, on the “My account” page. It is highly recommended not to select a password forming a common word, but to alternate numerals and letters.
The Client receives an email confirming registration.
The Client has sole responsibility for his/her password and its use. He/she undertakes specifically to keep it in his/her possession and not to disclose it to anyone under any circumstances.
4.2. Specific limits for each order
Any Product may be ordered subject to a limit of not more than five (5) Products per order and of three (3) identical Products per order.
4.3. Order registration
To place an order, the Client selects the different Products that he/she wishes to purchase by clicking on their file. He/she specifies the number of Products required, subject to the limit mentioned above, and clicks on the “Add to Cart” button.
The Client is shown each further addition to the cart in the order summary.
The Client may, at any time:
- Obtain a summary of the Products selected by clicking on the “View Cart” icon accessible at the top right of the screen,
- Edit or remove all or part of his/her order in the summary (if edited, the new price is displayed once the Client has clicked on the “Update” button).
When the Client is on the “Cart” page, he/she may:
- Continue to select Products by visiting another part of the site,
- Or finish selecting Products and order them by clicking on “Order”.
When the Client is on the “Order” page, he/she must:
- Login using his/her login and password details (if forgotten or lost, the Client must click on “Forgot password? “),
- If the Client does not have an account, it should be created by clicking on “Create account”.
Once the Client has created an account, the order process is continued automatically. He/she then enters the billing address and optionally the shipping address which may be different.
The shipping and billing addresses entered for the first time on the site are saved as default addresses in the client account address book. They may be changed or deleted at any time. However, no changes or deletions can be taken into account for any definitively validated orders being processed.
If the Client already has an account on the MedSPA Laboratoires site, the Client is then directed to the “Billing address” page where he/she is required to verify, complete and validate the details featured on this page. The default shipping address is the same as the billing address; however, it may be different (for gifts in particular).
The Client then selects the shipping method for his/her products. The shipping charges are specified on the “Shipping Methods” page.
If the Client deems the shipping charges to be acceptable, he/she clicks on the “Continue” button and is then directed to the “Payment” page, which show the various payment methods available.
The Client is then directed to an “Order summary” page displaying the purchase order containing the type, quantity and prices inclusive of tax of the Products selected by the Client as well as any applicable charges.
To continue the order process, the Client must click on the “Read terms and conditions” button. These terms and conditions are then displayed. The Client cannot continue the order process unless the box “I have read and agree to the terms and conditions” has been checked By checking the box “I have read and agree to the terms and conditions”, the Client indicates his/her full agreement to these terms and conditions, as well as to the special terms and conditions applicable for each order placed and shown on the screen (description of the Products, price, weight, quantity, etc.).
Consequently, when the Client checks said box, he/she acknowledges having taken due note of these terms and conditions as well of the special terms and conditions and agreeing to these unreservedly. Once the box has been checked, the Client clicks on “Continue”.
Before the final validation of his/her order, the Client can verify the details of his/her order, its price inclusive of tax, including the applicable charges, and correct any errors. The Client may amend his/her order and/or the billing and/or shipping address details and/or cancel his/her order.
The Client may access his/her personal details by clicking on “My account”. It is the responsibility of the Client to update the personal details featured on this page and to verify their accuracy when placing each order.
Article 5. Payment
In accordance with article L. 121-19-3 of the French Consumer Code, the Client is informed that orders require payment.
The price paid by the Client is necessarily the price indicated on the order validated by the Client.
The Client must be in possession of a credit/debit card accepted by the bank responsible for processing on-line payments (Carte Bleue, Visa, Mastercard), the validity of which shall be verified and confirmed by the bank’s electronic payment server.
When entering the card details, the Client shall enter his/her card number and expiry date along with, if applicable, the security code. The security code consists of the last three digits printed on the back of the Client’s card.
It should be noted that card details are protected by encryption via the “3D Secure” system, ensuring the most effective protection possible of all payment-related data, and that the Client’s card details shall not be stored on MedSPA Laboratoires’ computer system, but on that of the bank responsible for processing on-line payments.
It should be noted that all on-line payments on the Site shall be debited immediately.
Once the payment process has been completed, the Client is directed to a page displaying the order invoice. The Client may print this page.
Furthermore, an order confirmation email, showing the aforementioned invoice, is sent to the Client.
Article 6. Delivery
6.1. Delivery times
Purchased Products shall be dispatched by a suitable transporter according to the destination, from the handover of the ordered Products to the transporter, and in any case no later than 3 to 10 working days from the day following the final validation of the order by the Client.
The times indicated are usual average times and correspond to the times required to process and deliver orders.
In the case of items available for delivery at different dates due to availability, the delivery time is based on the longest time. However, MedSPA Laboratoires reserve the right to split deliveries. In this case, the shipping charges shall only be applied for a single shipment.
The Client is invited to track the status of his/her order on his/her account and to contact MedSPA Laboratoires for any queries or in the event of a problem relating to the delivery of his/her order by email at the following address email@example.com.
In the event of late delivery, the Client may notify MedSPA Laboratoires of this delay by email at the following address firstname.lastname@example.org . In this case, if the Product has not yet been dispatched, the Client may still cancel his/her order by sending an email to the following address email@example.com, or by sending a registered letter with acknowledgement of receipt to the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
6.2. Product availability
MedSPA Laboratoires undertake to deliver orders subject to stock availability. Consequently, in the event of the unavailability of one of the Products, the Client shall be notified, when placing his/her order, by message displayed on the web page and it shall not be possible to process the sale.
However, in spite of the great care taken by MedSPA Laboratoires in managing their stock and the resources used for this purpose, errors may exceptionally be displayed on the stock status. In this case, MedSPA Laboratoires shall notify the Client by email of the unavailability of the Product(s) in question without delay. MedSPA Laboratoires shall then make the necessary arrangements to refund the price of the unavailable Product(s). The bank account corresponding to the card details entered at the time of the order shall then be re-credited with the overpayment, within thirty (30) days from the notification sent to the Client.
6.3. Delivery arrangements
The Products ordered by the Client shall be delivered to the address entered by the Client on the order. In the event of absence of the recipient, it shall be the responsibility of the transporter to notify the Client and of the Client to make the necessary arrangements to collect the products.
The Client should enter a valid telephone number to receive notification of the availability of the package at a Collection point.
After this time, if the transport services return the package to MedSPA Laboratoires, MedSPA Laboratoires reserve the right to bill the Client for any costs arising from the return.
As the Products are shipped via transporters or standard postal services, the Client must be capable of proving his/her identify and providing, if required, the number assigned to his/her order.
The Client undertakes to sign the delivery docket presented. By signing the delivery docket, the Client acknowledges having received the order in good condition.
Should the Client notice that the package is damaged, he/she undertakes to refuse delivery and request that it be returned to MedSPA Laboratoires who, observing the poor condition of the package returned, shall refund the Client without delay.
Should the Client notice that the Products are spoiled or damaged or do not match his/her order, he/she should send a detailed complaint in writing to MedSPA Laboratoires by email to firstname.lastname@example.org or by post to the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France, within three full days. Any complaint sent after this time shall not be acceptable. The Client should return the Product(s) to MedSPA Laboratoires at the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré 75008 Paris France.
After investigation and on a case-by-case basis, MedSPA Laboratoires may refund the Product(s), to the exclusion of any exchange. The return costs shall in this case be refunded to the Client.
Refunds shall be processed within fifteen (15) days following receipt of the Products by MedSPA Laboratoires.
MedSPA Laboratoires shall process the refunds according to its choice, by crediting the bank account of the Client who placed the order, to the billing address.
The Client is bound with respect to MedSPA Laboratoires by the the information relating to his/her shipping and billing details, if different.
Consequently, in the event of an error in the recipient’s details (particularly, surname, first name, street name and number, post code, name of town/city, telephone number or email address), MedSPA Laboratoires shall not be held responsible for their inability to deliver the order.
The Client has a period of one month from the date of receipt of his/her order to make a complaint to the Customer Service Department.
Article 7. Cooling-off period
In accordance with the provisions of article L. 121-21 of the French Consumer Code, the Client is entitled to a cooling-off period of fourteen (14) full days, from receipt of the delivered Product(s), to cancel his/her order without being required to give the reasons for his/her decision, or to pay penalties. If the cooling-off period of fourteen (14) full days expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended to the first subsequent working day.
To exercise his/her right to cancel, the Client must notify MedSPA Laboratoires, by registered letter with acknowledgement of receipt to the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France, or by email to the address email@example.com, of his/her decision to cancel his/her order by means of an unambiguous statement, expressing his/her decision to cancel, specifying in particular his/her identity, shipping and billing address (if different), the order number, and the date of receipt of the order.
In accordance with article L. 121-21-3 of the French Consumer Code, the Client undertakes to return the Products for which he/she is exercising his/her right to cancel, at his/her expense, within fourteen (14) days following the notification to MedSPA Laboratoires of his/her right to cancel.
To facilitate the refund process, the Product(s) should be returned unused and complete in the original packaging and wrapping (accessories, instruction leaflet, etc.) in good condition, unopened and unmodified, and be accompanied by the delivery docket, to the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
If the aforementioned requirements are met, MedSPA Laboratoires shall refund the Client, within not more than fourteen (14) days from the date of notification of the right to cancel, the sums corresponding to the Products for which the Client has exercised his/her right to cancel within the cooling-off period, including shipping charges.
However, the refund by MedSPA Laboratoires may be deferred until the retrieval of the returned Products or until the Client has furnished proof of dispatch of the Products, in accordance with the provisions of article L. 121-21-4 of the French Consumer Code.
Moreover, MedSPA Laboratoires shall not be required to refund extra charges if the Client has expressly chosen a more expensive shipping method than the shipping method offered by MedSPA Laboratoires within the scope of these terms and conditions.
The refund shall be made via the payment method used by the Client when placing the returned order.
Article 8. Proof
The Client expressly acknowledges that the entry of any login and password is deemed to prove his/her identity and conveys his/her consent to any transactions carried out on the Site following the login procedure.
The Client must ensure that his/her email address remains valid during the period of registration on the Site, at the risk of no longer being able to access it, particularly in the event of a lost password.
A Client’s account is strictly personal and therefore cannot be passed on, by any means, to a third party, even free of charge.
The Client expressly agrees that MedSPA Laboratoires’ automatic logging systems are deemed to serve as proof:
- Of the use of his/her login and password details, and of the dates and times of this use,
- Of the content saved by the Client in his/her “My account” area,
- Of the nature, substance, date and time of any correspondence with MedSPA Laboratoires personnel exchanged via the Site or the tools provided on the Site,
- And, more broadly, of any information exchanged via the Site between MedSPA Laboratoires and the Client.
MedSPA Laboratoires shall not be held responsible for any harm caused to the Client due to use of his/her login and password details by a third party. In the event of loss, misappropriation or fraudulent use of all or part of his/her login and password details, the Client should notify MedSPA Laboratoires immediately. He/she remains responsible for any use made of his/her login and password details before MedSPA Laboratoires have been informed and the latter has been able to amend them within a reasonable time frame. In the event of a Client distributing or using his/her login details in a manner contrary to their intended purpose, MedSPA Laboratoires reserve the right to terminate the contract and withdraw access to the “My account” area and saved files, without prior notice or compensation. MedSPA Laboratoires may also initiate legal proceedings with a view to obtaining redress for any harm caused due to this distribution or use.
These provisos are expressly deemed to be substantive between the parties.
Article 9. Warranty
MedSPA Laboratoires undertake to comply with the legal provisions, set forth in the French Consumer Code and Civil Code, expressly cited in Annex 1 of these terms and conditions.
Article 10. Data protection
10.1. Personal data protection
MedSPA Laboratoires attaches great importance to personal data protection and takes care to assure the Client visiting the Site that his/her privacy is protected. The purpose of this article is to inform the Client of the processing of personal data pertaining to the Client, i.e. data enabling the Client to be identified, directly or indirectly, as well as his/her rights with regard to this processing.
The Client is informed that his/her registration and use of the Site give rise, for MedSPA Laboratoires, to the collection and automated processing of personal data pertaining to the Client, the use of which is subject to the provisions of the French Data Protection law No. 78-17 of 6 January 1978, as amended by the law No. 2004-801 of 6 August 2004.
Mandatory responses, failing which the Client shall not be able to access the Site, are mentioned as such on the Site registration form.
The information collected are the subject of data processing, the end purpose of which is to enable the Client to have optimised use of the Site when accessing services, contacting MedSPA Laboratoires or placing orders.
The Client is entitled to access and amend his/her personal data and to oppose, on legitimate grounds, the processing of these data; these rights may be exercised by contacting, in writing, the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France. This request must be signed by the Client and state his/her contact details.
Moreover, MedSPA Laboratoires offers all its Clients the option of sending them newsletters by email to which the Clients may subscribe by entering their email address in the box provided for this purpose. If a Client no longer wishes to receive such messages, he/she may unsubscribe at any time by clicking on the link provided in each newsletter.
The email addresses collected in this manner undergo computer processing, the purpose of which is to send the MedSPA Laboratoires newsletter. Subscribers to the newsletter are entitled to access and amend their personal data; they may exercise these rights by sending a letter to the following address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
The use of these data is reserved exclusively for MedSPA Laboratoires.
Respecting privacy and protecting personal data sent by the Client to MedSPA Laboratoires are essential and MedSPA Laboratoires endeavours to protect these data using all the means available to retain data security and, in particular, prevent data from being misrepresented, damaged, or being accessed by third parties.
MedSPA Laboratoires makes clear that it has no intention of selling or marketing the Client’s personal data.
10.2. Use of “cookies”
MedSPA Laboratoires uses “cookies” to optimise the use of the Site by the Client.
A “cookie” is a small text file placed by MedSPA Laboratoires on the Client’s hard drive. It allows MedSPA Laboratoires’ system to remember the Client’s device when visiting the Site. The “cookies” used by MedSPA Laboratoires contain no personal data but merely an anonymous identification number and browsing-related information in respect of the computer in question on the Site (pages viewed, date and time of viewing, etc.) that MedSPA Laboratoires may read during subsequent visits.
MedSPA Laboratoires uses “cookies” with a view to optimising the use made by the Client of the Site and the services if applicable. In particular, MedSPA Laboratoires uses “cookies” for the following purposes:
- Customising Site content by saving the Client’s preferences,
- Determining traffic and volumes of use of the various Site components,
- Enhancing the Site using the data provided by audience measurement services. The “cookies” used within the scope of this service serve to analyse the Client’s behaviour in a global and anonymous manner.
The information relating to the use of the Site by the Client are forwarded to said service anonymously (truncated IP address).
Article 11. “MedSPA Laboratoires Customer Service Department”
For any information, complaint, query or advice, the Client may contact the “MedSPA Laboratoires Customer Service Department” at the following contact details:
- Email: firstname.lastname@example.org
- Postal address: MedSPA Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
Article 12. Site operation
The Site is normally accessible 24 hours a day, 7 days a week, except in cases of force majeure or events outside the control of MedSPA Laboratoires.
Moreover, the operation of the Site may be momentarily degraded or disrupted, in part or in full and for all or some Clients, for maintenance, update or technical upgrade purposes, in particularly, without prior notice. As MedSPA Laboratoires is not bound to any commitment in terms of Site performance, MedSPA Laboratoires shall not be held responsible.
MedSPA Laboratoires shall not be held responsible for failure, blockage of access or malfunctions of the Site attributable to unsuitable equipment, malfunctions of the Client’s ISP services, or those of the Internet. The same shall apply for other reasons outside the control of MedSPA Laboratoires.
Moreover, the Client acknowledges that the characteristics and constraints of the Internet cannot guarantee the complete security, availability and integrity of data transmissions. Consequently, MedSPA Laboratoires does not guarantee that the Site shall operate without disruptions or errors.
Finally, as the Internet is accessible to all and particularly to persons of malicious intent, the Client acknowledges that MedSPA Laboratoires cannot guarantee the absolute secrecy of correspondence exchanged using the means provided on the Site.
Article 13. Intellectual property
MedSPA Laboratoires is the holder of the intellectual property rights and/or operating rights, in particular under copyright, database rights and trademark rights, pertaining to the Site, its content and any constituent parts thereof.
The Site, as well as the software, database structures, text, information, analyses, images, photographs, graphics, logos, audio, trademarks or other data featured on the Site remain the sole property of MedSPA Laboratoires or, if applicable, of their respective owners with whom MedSPA Laboratoires have signed usage agreements.
Under no circumstances may they be reproduced, used or represented without MedSPA Laboratoires’ express written consent, subject to legal proceedings.
MedSPA Laboratoires grant the Client a non-exclusive, personal and non-transferable right to use the Site as well as the original intellectual works and data contained therein. The right granted consists of (i) a right to view on-line the original intellectual works and data contained in the Site and (ii) a reproduction right consisting of printing and/or saving these original intellectual works and data viewed. This usage right is solely intended for strictly private use.
Any other use of the Site, particularly commercial, by the Client is prohibited without MedSPA Laboratoires’ express written consent.
The Client shall refrain in particular, non-exhaustively, from reproducing and/or representing for any use other than private use, downloading, selling, distributing, transmitting, translating, adapting, processing, distributing, broadcasting and communicating in part or in full in any format, for commercial purposes or not, any original intellectual work or data contained in the Site.
Article 14. Force majeure
MedSPA Laboratoires shall not be held responsible for any failure, delay or default in meeting its obligations under these terms and conditions, where this failure, delay or default is associated with a case of force majeure.
The following cases are expressly deemed to be cases of force majeure or acts of God, in addition to those normally accepted by French case law: total or partial strikes, within or outside MedSPA Laboratoires, adverse weather, congestion in modes or transportation or supply for any reason, governmental or legal restrictions, legal or regulatory amendments of commercial forms, computer malfunctions, telecommunication congestion, failure or malfunction of Internet transmission networks or any other case outside the parties’ control, preventing the normal application of the terms and conditions.
As current Internet transmission protocols cannot guarantee in a definite and continuous manner the safe receipt of messages and integrity of documents sent, MedSPA Laboratoires shall not be held responsible in the event of poor transmission due to a failure or malfunction of these transmission networks.
Article 15. Final provisos
These terms and conditions are governed by French law.
Sales of MedSPA Laboratoires Products on this Site are governed by French law regardless of the Client’s country of residence and the location where the order was placed.
Terms and conditions version: November 2017
Annex 1: French Consumer Code
- Article L. 211-4 of French Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility”.
- Article L. 211-5 of French Consumer Code: “To conform to the contract, the product must:
Be suitable for the purpose usually associated with such a product and, if applicable:
- Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”.
Article L. 211-12 of French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product”.
French Civil Code:
- Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects”.
- Article 1648 paragraph 1 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice”.
- Article 2232 of the French Civil Code: “The deferral of the starting point, the suspension or the interruption of the prescription cannot have the effect of extending the period of the extinctive prescription beyond twenty years from the day of the birth of the right. The first paragraph does not apply to the cases specified in Articles 2226, 2227, 2233 and 2236, to the first paragraph of Article 2241, or to Article 2244. Nor does it apply to actions concerning the status of persons”.