1 - GENERAL
This site is published by the company CESAR AND CO trade name EPILODERM INSTITUT (company with a capital of 10 000€ registered in the Nantes Trade Register under the number 878 061 282, SIRET number 878 061 282 00017 with its head office at 7 rue des Filatures 44190 in Clisson).
These general conditions of sale apply exclusively to online purchases made by a consumer hereinafter referred to as "the customer" on the site www.epiloderm-institut.com hereinafter referred to as "the site" under the regulation of distance selling.
We make every effort to ensure to the best of our ability the accuracy and updating of the information published on the site. We reserve the right to adapt or modify, at any time and without prior notice, the content of the site in terms of offers, prices and general terms and conditions of sale. Each order is governed by the provisions in force on the day it is placed.
The order implies adherence to the general terms and conditions of sale. Any order with online payment will only be taken into consideration after acceptance of payment by the GIE bank cards.
The parties agree that the contract is subject to French law, the language of the general conditions of sale being French.
Epiloderm France informs the consumer of all the essential characteristics of the products marketed (compositions, colours, descriptions, prices). These characteristics appear in support of the photograph illustrating the offer. The photographs illustrating the products are not part of the contract. The consumer acknowledges that the photograph illustrating the product on the Internet is only indicative. Alterations may appear due to the processing of the photograph.
2 - PRODUCTS
The products offered for sale are those that appear on the site, on the day the customer consults the site, within the limits of available stocks. However, the photos are not contractual. They are offered only as an indication for the consumer. The customer can contact Epiloderm Institut for further information at email@example.com.
3 - PRODUCT PRICES
The sales prices of the products appearing on the site are indicated in euros, all taxes included, for individual customers, excluding possible delivery and processing costs of your order.
The products are subject to French VAT, country of departure of the products.
Delivery costs are the responsibility of the customer and are charged in addition to the sale price of the products. Delivery costs vary according to the weight of the packages to be delivered and the total amount of the order.
The customer will always be informed before the final registration of his order of the delivery costs related to his order (except for Export), and payment will be requested from the customer for the total amount of the purchase, including the prices of the products ordered plus delivery costs. Thus, the confirmation of agreement of payment of the order by the customer implies that the customer agrees to pay the related delivery costs. The delivery costs cannot therefore constitute a valid reason for questioning the order after its final registration.
E.E.C.: E.E.C. Regulation of 27 January 1992 on administrative cooperation in the field of VAT (O.J. of 4 February 1992): all our professional customers (excluding France) dependent on the E.E.C. must indicate their intra-community identification number when placing their order, in order to be invoiced free of tax.
In the event of delivery of products outside of French territory, customs taxes and formalities are the exclusive responsibility of the customer, unless otherwise specified. The customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
4 - ORDERING
The ordering process is in accordance with the provisions of Article 1369-5 of the Civil Code. Any Internet user wishing to validate his order will have to identify himself by filling in the appropriate form provided on www.epilodermetvous.com. This identification is done in strict compliance with the modified Law 78-17.
The information given by the buyer when taking the order is binding. In the event of an error in the wording of the recipient's details, the seller cannot be held responsible for the impossibility of delivery.
After having checked the content of his order, as well as the total cost of the order (products ordered, shipping costs), and corrected any errors, the Internet user will confirm it definitively.
This confirmation shall constitute the conclusion of the contract.
The contractual information will be the subject of a confirmation e-mail sent to the customer at the latest at the end of the withdrawal period and subject to the customer providing a valid e-mail address, which is not subject to any restriction of use (professional e-mail address for example).
To pay for his order, the customer has at his disposal, at his choice, all the methods of payment referred to in the ordering process and presented on the site. And the customer guarantees, therefore, that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order.
Epiloderm Institut does not guarantee the availability of all products in real time, products not in stock will be shipped to the customer as soon as possible.
In case of unavailability of all or part of the order, Epiloderm Institut will immediately inform the customer by telephone and/or e-mail at the contact details indicated by the customer on the order form. Epiloderm Institut commits itself, at the customer's request, at the latest within fifteen (15) days of the order, to proceed with the delivery of the product or the reimbursement of the total amount paid by the customer for the unavailable products.
Clients to whom the aforementioned choice has been proposed by Epiloderm Institut must give their opinion within forty-eight (48) working hours, failing which the refund will be made in the form of a reimbursement.
The aforementioned refund and/or credit note are final and the customer acknowledges that they are equivalent to full compensation for any damage.
- Confirmation of the order
In accordance with the law of 13 March 2000 on the validity of the electronic signature, the validation of an order is carried out by ticking the box "I have read the General Terms and Conditions of Sale and I accept them" and by clicking on the button "validate my order". This validation constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and the due date of the sums due in execution of the said order.
Orders placed on the site are firm and final for the customer upon validation of the order or receipt of any document indicating an order. Due to the increase in fraud, the client's IP address is recorded for every order and a systematic control of orders is carried out by Epiloderm France, which may be led to refuse and cancel an order for a legitimate reason (non-verifiable client details, unusual quantities ordered, mismatch between the client's IP address and the nationality of the means of payment used, etc.) without having to justify itself. In addition, Epiloderm France reserves the right to refuse and cancel any order from a customer with whom there is a dispute regarding payment of a previous order. In this case, the payment of the order will not be effective and the amount will not be debited from the customer's account. Finally, Epiloderm France reserves the right to refuse and cancel any order for which a malfunction in the computer system would have resulted in a flagrant and manifest error in the invoicing of the products (abnormally low prices, incorrect automated calculations, incorrect quantities, etc.). In this case, the order will be cancelled and the amount of the order will not be debited from the customer's account or will be reimbursed within a maximum of 48 hours.
Once the order has been confirmed and paid for, no modification can be accepted and no article can be added or deducted from it, the payment being considered as final acceptance of the order.
- Proof of order
The data recorded by Epiloderm Institut constitute proof of all transactions carried out between www.epiloderm-institut.com and its clients. In accordance with article 1348 of the Civil Code, the archiving of order forms and invoices will be carried out on a reliable and durable support that can be legally produced in case of litigation.
- How to order
Epiloderm Institut offers you to order its products www.epilodermetvous.com 7/7 days 24 hours a day. To follow the completion of your order, exercise your right of retraction and make use of the guarantee, please send us an email to firstname.lastname@example.org.
- Customs duties
Any order placed on the site and delivered outside mainland France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes, linked to the delivery of an item, are at your expense and are your responsibility. We are not obliged to check and inform you of any applicable customs duties and taxes. To know them, we advise you to check with the competent authorities of your place of residence.
- Optimal use-by date
The products sold on the site have a DLUO (expiration date for optimal use) of approximately 12 months.
5 - PAYMENT
On www.epiloderm-institut.com, products, services and participation in shipping costs are payable with the order.
The payment of your purchases on the website is exclusively in Euros and paid by credit card (Carte Bleue, Visa or Eurocard / Mastercard ...).
Payment by credit card is made online when placing an order and is fully secure. We guarantee secure payment on the Internet through our partner Stripe Payment. Payments comply with the 3-D secure 2 standard. Your personal data is encrypted under SSL (Secure Socket Layer) by your own computer before any transmission to the Web. All the information contained in the messages therefore never circulates unencrypted on the Web. When the payment is secured, the notion HTTPS appears.
6 - DELIVERY
- Free delivery
Delivery is free when your order reaches 19,90€ TTC of total products (excluding delivery costs) on the site, exclusively in metropolitan France. Delivery is free for French overseas departments and territories, European Union countries (excluding metropolitan France) and countries outside the European Union as soon as your order reaches 99.00€ including tax of total products (excluding delivery costs).
For orders under 19,90€ TTC (Metropolitan France) the shipping cost will be 5,90€ TTC.
For orders under 99,00€ TTC (DOM-TOM, EU countries, non-EU countries) the shipping cost will be 15,90€ TTC.
- Places of delivery
The shipping costs are identical throughout Metropolitan France by parcel post, with surcharges for the DOM-TOM, Europe and countries outside Europe.
- Delivery times and options
Except in exceptional cases, orders are processed and confirmed within 2 working days and delivered within a maximum of 2 to 3 working days (Metropolitan France), the delays will be higher in view of the distance for orders in the DOM-TOM, in Europe and for countries outside Europe.
- Partial shipment
We do not make partial shipments since the calculation of shipping costs is made on the basis of a single shipment.
However, if the customer wishes to speed up delivery by sending part of his order, he will have to make the request and pay an additional shipping cost.
- Delivery tracking
The customer will be notified by successive e-mails of the different states of processing of his order. The customer will have a tracking number that will allow him to follow his package on the carrier's website.
In case of absence of the customer at the time of delivery, a notice of passage of the carrier is deposited in the mailbox inviting him to withdraw it at the post office closest to the delivery address. The customer's package will remain pending 15 days in the post office. After this period, it will be returned to the sender. In this case, the customer will have to pay the costs of resending the package if he requests a new shipment.
Reception of the parcel on delivery
The customer undertakes to accept the order either in person or through another person to whom he has given a written mandate. The customer also undertakes to facilitate the carrier's mission, in particular by indicating - during the validation of the online order - all the data useful for the proper delivery of the order to his home (in particular by transmitting, on this occasion, any access codes, address additions and others). Any delay in delivery due to a breach by the customer of his contractual obligations, in particular those mentioned above, shall not give rise to any compensation whatsoever.
Upon delivery, the customer must check the condition of the packaging of the package and the contents of the order, in accordance with the delivery note delivered with the package, and open the package in the presence of the carrier.
If the package or the product is damaged, the customer has the possibility to accept or refuse the package. In both cases, the customer must check the condition of the package in front of the carrier and express reservations on the delivery slip in case of damaged parcel/product(s). The customer must then, within 48 hours, report it by email to email@example.com After this period and / or without reservations on the delivery slip, the customer and can not be contested concerning his delivery. At the time of delivery the reservations must be precise and motivated in case of damage or missing. The general reserves of the type "subject to unpacking" being insufficient.
- Late delivery
The company Epiloderm Institut cannot be held responsible for exceeding the delivery time indicated on the shop's website. Late delivery will not give rise to any payment of damages.
In case of delay, the customer should contact customer service by email at firstname.lastname@example.org.
This claim will allow Epiloderm Institut to make an investigation with the carrier, which can last a maximum of 7 working days. After this period, if the products are not found, Epiloderm Institut will re-route the order to the customer's delivery address, indicated when the order was placed.
In the event of a delivery delay of more than 7 days, please inform Epiloderm France by contacting customer service or by sending an email to email@example.com. If the delay in delivery exceeds 7 days after the delivery date specified in the order process, you may cancel your order as described in the article "Right of Cancellation".
- Transfer of risk
If you are a private individual, the transfer of risks takes place at the time of delivery of the products to the delivery address you have provided or at the time of collection of the package from the carrier.
7 - RETURN OF PRODUCTS
- Information on return rates
Concerning deliveries in Metropolitan France, French Overseas Departments and Territories, EU countries, non-EU countries, the return costs are the responsibility of the buyer. The company Epiloderm France does not pay for the return shipping costs. Except responsibility of the company Epiloderm Institut.
- Return Authorization
Before any product return, the customer must first contact customer service by email or mail to obtain a return authorization and learn about the return procedure.
The customer must complete the product return request form, available on the shop's website, in order to return the product. The company will make its best efforts to allow the customer to benefit from a treatment as soon as possible.
In the event of failure to comply with returns procedures (product used, product returned without original packaging, exceeding the deadline, etc.), no returns will be accepted for any reason whatsoever.
- Right of withdrawal
The right of withdrawal applies only to consumers, i.e. natural persons contracting for purposes which are outside their trade, business, craft or profession.
Epiloderm et Vous allows each customer a period of 14 days from the date of receipt of the order to return the product purchased.
To exercise this right, you must inform us of your decision to withdraw within this period (please complete the withdrawal form below), for example by post or by e-mail to firstname.lastname@example.org .
This product must be returned with return authorization, in its original packaging (duly sealed), with its accessories if any, and must not have been opened, used or damaged. Any return that does not comply with these conditions will not give rise to any refund or credit.
No spontaneous return, without the agreement of Epiloderm Institut, will be accepted.
Please note Return within 14 days from the delivery of the order (the postmark being taken as proof): the price of the product will be refunded without penalty in cash, within 15 days, either by crediting the bank card used for the payment in a CB settlement, or by cheque or bank transfer.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In particular, a product whose packaging has been damaged during the return will not be accepted.
The package must be reshipped within 14 days of the communication of your decision to withdraw to the following address: Epiloderm Institut, 7 rue des filatures, 44190 Clisson.
We undertake to exchange it or, if you wish, to reimburse it as soon as possible and at the latest within 14 days of being informed of your decision to retract, although reimbursement may be deferred until we have recovered your product or proof of its dispatch. In all cases, it will intervene according to the following terms and conditions:
- The package is returned in its entirety, we will refund the price of the package and any shipping costs (standard delivery rate), return costs at your expense.
- The package is not returned in its entirety (you keep one or more of the items ordered), we will refund the price of the product(s) returned, any shipping costs are not refunded, the return costs remaining at your expense.
- The product is returned because of our responsibility, we will refund the product, shipping and return costs.
- Right of rescission
In accordance with article L. 121-20-3 of the French Consumer Code, we indicate the expected delivery date of your order. If this delivery date is exceeded by 7 working days (except in cases of force majeure as defined by law), you will have the option of cancelling your order by registered letter with acknowledgement of receipt within 60 days of the initial delivery date. In this case, we will reimburse you for the totality of the sums paid (excluding possible return costs), and this within a maximum of 14 days following receipt of your LRAR.
- Damaged product received on delivery
If the package or product is damaged, the customer has the possibility to accept or refuse the package. In both cases, the customer must check in front of the carrier the condition of the package and express reservations on the delivery slip in case of damaged parcel/product(s). The customer will then have to report it by email within 48 working hours.
The complaint will not be processed until the customer has satisfied the said terms and conditions, in compliance with the contractual and legal deadlines.
After this period and/or without any reservations made on the delivery note, the customer and will not be able to be the subject of dispute concerning his delivery.
- Error delivery address
A return of the customer's parcel for NPAI (not living at the address indicated) can be linked to :
- An error in entering the delivery address by the customer at the time of registration of his order. In this case, if the customer wishes to maintain his order, he will have to indicate to the customer service his corrected delivery address and pay the delivery costs of this new shipment. If the customer wishes to cancel his order, the shipping costs of his order will not be refunded.
- An order picking error. If the customer wishes to maintain his order, it will be sent back to him free of charge. If the customer wishes to cancel the order, Epiloderm France will reimburse the customer for the full amount of the order.
- Incomplete or non-compliant delivery (due to Epiloderm Institut)
Despite the care we take in preparing orders, it is possible that a product may be missing from a package, or an error may have occurred during preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours of receipt of the order. This report can be made by e-mail to the following address email@example.com.
8 - RESPONSIBILITY
Epiloderm Institut is responsible for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
Epiloderm Institut cannot be held responsible for the non-performance of the contract concluded following the occurrence of an event of force majeure (as defined by the Law) and in particular in case of total or partial strike of postal services, transporters, and disasters caused by floods or fires. This limitation of liability also applies to the non-fulfilment of the said contract, due to the unforeseeable and insurmountable fact of a third party not involved in the provision of the planned services. With regard to products purchased to meet professional needs, Epiloderm Institut will not be liable for any indirect damage due to the present operating loss, loss of profit, damage or expenses, which may arise.
The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial impossibility to use the products, notably due to the incompatibility of the material, cannot give rise to any compensation, reimbursement or questioning of the responsibility of Epiloderm Institut, except in the case of a proven hidden defect, non-conformity, defect or the exercise of the right of retraction.
9 - INFORMATION TECHNOLOGY AND FREEDOM
The information requested from the client is necessary to process the order and may be communicated to Epiloderm Institut's contractual partners involved in the execution of this order.
The client may write to the company Epiloderm Institut to exercise his rights of access and rectification regarding the information concerning him and appearing in the files of the company Epiloderm Institut under the conditions provided for by the law of 6 January 1978.
10 - INTELLECTUAL PROPERTY
The elements published on the Epiloderm Institut website including logos, registered trademarks, texts, photographs or diagrams constitute works protected by intellectual property rights or personal rights. The reproduction or representation, in whole or in part, of this site is therefore prohibited without the express and prior agreement of the holders of these rights, and would constitute an infringement punishable by the provisions of the Intellectual Property Code and/or a criminal offence likely to engage the civil liability of offenders of the aforementioned rights.
11 - INTEGRAL
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or a court decision, this shall in no way affect the validity and compliance with these Terms and Conditions of Sale.
12 - LAW AND LITIGATION
The parties agree that the contract is subject to French law and that only the French courts are empowered to handle such disputes, the language of the General Terms and Conditions of Sale being French. Any disputes between Epiloderm Institut are under the jurisdiction of the Commercial Court of Nantes, notwithstanding plurality of defendants and / or appeal in warranty, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
It is also agreed that in the event of a potential dispute, the parties will make every effort to find an amicable solution.
13 - COMPANY AND CUSTOMER SERVICE COORDINATES
Head Office: Epiloderm Institut, 7 rue des filatures 44190 Clisson / firstname.lastname@example.org
14 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Given the novelty of the website www.epiloderm-institut.com and its possible evolutions, Epiloderm Institut reserves the right to adapt or modify the present general conditions at any time. The new general conditions of sale will be applicable only to orders made after the modification.
15 - MEDIATION
The Buyer is informed of the possibility of having recourse to consumer mediation for any disputes that may arise regarding the sale of Epiloderm Institut products.
Referral to the mediator is only possible if the Purchaser has already contacted Customer Service and has not received a response or satisfaction to his or her complaint.
The European Commission is proposing a one-stop shop for consumers and professionals wishing to resolve disputes arising from online transactions out of court. The service is available at http://ec.europa.eu/odr.
If you have any questions regarding the resolution of a potential dispute, please contact our Customer Service by mail or email