These Category-Specific Terms and Conditions of Sale (hereinafter the “CCV”) are issued by Dist.BHE, a single-shareholder simplified joint-stock company (SASU) registered with the Annecy Trade and Companies Register under number 833 699 028, with its registered office at 11 Avenue d’Albigny, 74000 Annecy (the “Company”).
Dist.BHE (hereinafter the “Seller”) is engaged in the sale of various products, including in particular nail care products (the “Products”).
In order to meet the expectations of its podiatrist customers, the Company wished to be able to sell its Products remotely by electronic means (the Internet).
The list of Products offered for distance sale can be viewed on the following website:
https://www.expert.poderm.com/ (the “Website”). Each product is accompanied by a detailed description on a product sheet.
These CCV apply to all orders for the products listed in the price list in Appendix 1 (the “Products”), placed with the Company by its customers practicing the profession of podiatrist, within the meaning of Articles L.4322-1 et seq. of the French Public Health Code, when acting within the scope of their professional activity, hereinafter the “Customer(s)”.
Among the Products marketed by the Company, some fall within the category of medical devices (the “Medical Devices”); these products are subject to the legal and/or regulatory provisions applicable to them, in particular the Public Health Code.
The Customer acknowledges having read these CCV prior to placing an order. Validation of the order therefore constitutes unrestricted and unreserved acceptance of these CCV, which shall prevail over any conflicting clauses or general or specific purchase terms of the Customer.
These CCV may be amended at any time. Accordingly, it is understood that the applicable terms are those in force on the Website at the time the order is placed on the Website. The date these CCV are posted online constitutes their effective date.
Should these CCV, after the date of their removal from the Website and their replacement, nevertheless remain accessible via other websites or by any other means, they shall no longer be enforceable against the Company.
Before validating an order on the Website, the Customer must first read these CCV remotely, and then confirm agreement to the entirety of these CCV remotely by carrying out the confirmation action required on the Website, by checking a box or clicking a button.
In accordance with Article 1127-1 of the French Civil Code, these CCV may be retained by any visitor to the website by means of an electronic record and may also be reproduced by the Customer by printing them.
The fact that the Company does not, at any given time, invoke any of the clauses of these CCV may in no event be construed as a waiver of its right to invoke that clause at a later date. The invalidity of any clause of these CCV, for whatever reason, shall not affect the validity of the other clauses of these CCV.
Any order placed via the Website constitutes acceptance of these CCV in their entirety.
Orders are placed online on the Company’s merchant Website at the following address:
https://www.expert.poderm.com/
In order to purchase Products, the Customer must, on their first order, open a customer account and complete an information form specifying certain mandatory fields so that their selection can be processed by the Company. In particular, the Customer undertakes to provide:
• The Customer’s company name, profession, surname, first name, and email address. This email address must be fully valid and in proper working order;
• A postal address to which delivery can be made during business hours, Monday to Saturday, for mainland France. For security reasons, the Company will not process any order for which only a PO box is provided.
In accordance with Article 1127-1 of the French Civil Code, all steps necessary for the sale are set out below:
1. On first accessing the site, the Customer must complete the information form, on which they will provide all requested contact details and may choose a password in order to have a username and password to log in on subsequent visits.
2. To place an order, the Customer will click the “Add to Cart” icon located next to the Products for this purpose. Each new addition to the cart will be indicated by the appearance of a specific screen. At any time, the Customer may:
– Obtain a summary of the Products selected or modify the order by clicking the “Cart” icon accessible on every page;
– Continue selecting Products by clicking “Continue shopping”;
3. Complete the Product selection and choose a delivery method by clicking “Payment.”
4. An order summary will then present all information relating to the order, namely: the nature, quantity, and price of the Products, the total amount of the order (including shipping costs), the Customer’s contact details, the delivery address and the billing address, in accordance with Article 1127-2 of the French Civil Code.
5. After reviewing the order status, the Customer will be invited to:
– Either click the “Payment” button to proceed with payment of the order;
– Or click the “Back to cart” button to modify the order details and/or personal contact information.
6. By clicking the “Payment” button, the Customer must, after reading these CCV, check the box “I have read and accept the Category-Specific Terms and Conditions of Sale.” The Customer will then be deemed to have accepted these CCV and the fact that the order entails a payment obligation.
7. The Customer will then be redirected to a secure webpage from which they will be asked to pay for the order under the terms and conditions of Article 3.4 below of these CCV.
The language of the contract is French.
All data provided and the confirmation recorded shall constitute proof of the transaction. Confirmation shall be equivalent to a signature and acceptance of the transactions carried out.
In the event of a prolonged period of inactivity during the connection, the Customer’s selection of Products chosen before that period of inactivity may no longer be guaranteed. The Customer will be asked to start their selection of Products again from the beginning.
Once the Customer has validated the order, the Company acknowledges receipt of it without undue delay and by electronic means, in accordance with Article 1127-2 of the French Civil Code.
However, the sale shall be considered final only after the Seller has sent the Customer confirmation of shipment. Only shipped Products will be charged, together with delivery costs.
The order confirmation email sent to the Customer will include the following information:
• The order number;
• The order summary (description of the Product(s) ordered, quantity, price, and essential characteristics);
• The total amount of the order, including all taxes;
• Delivery costs;
• Payment confirmation;
• The terms relating to delivery of the ordered Products.
Once validated, no order may be modified, cancelled, or postponed without the Company’s prior written and express consent. Any modification to an order occurring during its execution must therefore be approved in advance by the Company, it being understood that the Customer will bear any additional costs and extension of the delivery time resulting from this. No penalty or indemnity of any kind whatsoever shall be applicable if the requested modification cannot be carried out.
The Company may refuse any order that exceeds its delivery capacity, or that is incompatible with these CCV, or that appears abnormal for any reason whatsoever, or that is placed in bad faith.
The products offered on the Professional Area are intended exclusively for healthcare professionals in the course of their professional activity. Their use, recommendation, or any resale must be carried out in strict compliance with applicable regulations and with the professional and ethical rules specific to each profession and each country. Responsibility for compliance with these obligations lies exclusively with the purchasing professional. Swiss Footcare Laboratories shall not be held liable for any use or resale that does not comply with applicable regulations.
The Products comply with the legal and regulatory standards applicable in French territory, as well as with the characteristics presented on the product sheets appearing on the Website.
In any event, the photographs appearing on the Website, on packaging, or communicated during marketing are not contractually binding and are provided for illustrative purposes only.
The Company therefore invites the Customer to refer to the description of each Product to learn its precise characteristics. In case of doubt or to obtain further information — with the exception of details of the formula — the Customer may contact the Company by email at: gestion@poderm.com.
The Company may modify the list of Products offered for sale on the Website at any time, in particular in the event of total or partial unavailability of a Product.
In the event of total or partial unavailability after an order has been placed, the Customer will be informed by the Company’s Customer Service as soon as possible by email. The order will then be automatically cancelled, and the Company will refund the Customer the full amount already paid within thirty (30) days at the latest from payment of the sums involved.
Product prices are those in effect on the date the order is shipped. Prices are quoted in euros, net, excluding tax, in standard packaging for continental Europe; in pounds sterling, net, excluding tax, in standard packaging for the United Kingdom; and in CHF, net, excluding tax, in standard packaging for Switzerland.
Product prices do not include delivery costs, the cost of certain packaging, or the cost of other optional services subscribed to by the Customer, which remain additional. These will be communicated to the Customer before the Customer validates the order or sends the purchase order.
The Seller remains free to change its prices at any time.
Validating the order creates an obligation for the Customer to pay the corresponding price. Customer purchases are paid for by credit card or via a PAYPAL electronic bank account.
Visa and Mastercard network cards are accepted.
When payment is made by credit card, the Company guarantees payment security using the following encryption system: https://www.shopify.com/security
The Customer’s credit card is charged at the time the order is placed.
To this end, the Customer guarantees to the Company that they have the necessary authority and authorization to use the credit card to be charged, and communicates, in a secure environment, the sixteen-digit card number and expiry date shown on the front of the card, and, where applicable, the visual cryptogram number shown on the back of the card — information which the Company undertakes to keep strictly confidential.
Should it prove impossible, for whatever reason (payment stop, refusal by the issuing center, etc.), to charge the amounts owed by the Customer, the purchase process will be cancelled.
The order will only become final once the confirmation email has been sent.
Products are invoiced at the prices and terms in effect on the date the order is registered. The invoice is issued on the day of shipment and sent to the Customer by email.
The Company will make its best efforts to meet the delivery times communicated to the Customer when the order is placed. However, these are given for information purposes only, and failure to meet them shall in no event give rise to cancellation of the order.
No penalty may be deducted from the Company’s sales invoices in the event of a delivery delay, understood as failure to meet the agreed delivery day, notwithstanding any conflicting clauses that may appear in the Customer’s purchase terms, if any. Only actual loss suffered by the Customer, demonstrated and assessed, may be the subject of a claim for compensation, which may in any event only be pursued following negotiation with the Company and agreement between both parties.
The Company shall not be held liable for delivery delays attributable to an external event beyond its control or to any case of force majeure within the meaning of events generally recognized as such by the French Civil Code and French courts, and the cases listed below in Article 9 “Force Majeure” of these CCV.
Products are delivered to the delivery address provided by the Customer during the ordering process on the Website.
Should the Customer provide an incorrect or incomplete address when placing the order, preventing delivery of the Products, the Products will not be refunded, and the ordered Products and reshipping costs will be borne by the Customer, unless the Customer does not wish to have the Products reshipped.
Under no circumstances may the Company be held liable for a delivery delay due exclusively to the Customer’s unavailability to accept delivery or to any other act attributable to the Customer.
Risk transfers upon unloading of the Products. It is then the Customer’s responsibility to check the conformity of the Products upon delivery and, if any packages are missing or arrive damaged, in the event of damage or for any other reason, to make any necessary reservations with the carrier on the delivery note and to confirm the reasoned dispute to the carrier, at the latest within three (3) days, excluding public holidays, following receipt of the Products, by registered letter with acknowledgment of receipt, on pain of forfeiture, in accordance with the provisions of Articles L.133-3 et seq. of the French Commercial Code, a copy of which must be sent simultaneously to the Company.
Complaints regarding the non-conformity of delivered products must be sent to the Company within seven (7) days at the latest, by email to Customer Service at: gestion@poderm.com. The Customer must provide any justification as to the reality of the anomalies or missing items observed. The Customer must give the Company every opportunity to establish these defects or shortfalls. Furthermore, the Customer must refrain from intervening personally or having a third party intervene to remedy the situation. In addition, the Company’s liability cannot be engaged if the Products sold were stored under abnormal conditions or conditions incompatible with their nature.
The absence of a dispute within the seven (7) day period constitutes, for the Customer, receipt and full and complete acceptance of the Products, precluding any subsequent recourse against the Company.
Delivered Products are sold subject to a clause expressly making the transfer of ownership conditional upon payment in full of the price, principal and incidental amounts. Accordingly, the Company remains the owner of the Products ordered by the Customer until the price has been paid in full, in accordance with Articles 2367 to 2372 of the French Civil Code.
In this regard, it is understood that the mere delivery of an instrument creating a payment obligation, such as a bill of exchange or draft, does not constitute payment within the meaning of this clause. Payment shall only be considered to have been made upon actual receipt of the price by the Company.
The Company may, by registered letter with acknowledgment of receipt, invoke this clause with immediate effect upon receipt by the Customer, without the Customer being able to raise any objection; and unsold Products must be returned immediately at the Customer’s expense.
Notwithstanding this retention-of-title clause, the Customer is custodian of the goods sold subject to retention of title, bears the risks thereof, and undertakes to keep the unpaid Products in perfect condition. The Customer shall thus be solely responsible for all risks of deterioration, loss, or partial or total destruction, whatever the cause of the damage, even in the case of an accident or force majeure. The Customer must accordingly insure the Products subject to retention of title, stipulate in the insurance policy that any indemnity will be paid directly to the Company, and provide the Company, upon its first request, with any proof of the insurance thus taken out.
The Customer undertakes to inform any third party, in particular in the event of seizure or similar action, that the Products subject to the retention-of-title clause belong to the Company, and to inform the Company immediately of any seizure or similar action.
If the Products subject to retention of title have been resold by the Customer, the Company’s claim shall automatically transfer to the claim for the price of the Products thus sold by the Customer. The Customer hereby assigns to the Company any and all claims arising from the resale of unpaid Products subject to retention of title.
In the event of judicial safeguard proceedings, receivership, or judicial liquidation of the Customer, the Products may be reclaimed in accordance with applicable legal and/or regulatory provisions. In the event of a claim for goods due to partial or total non-payment, Products in stock shall be deemed to correspond to the unpaid debts.
In accordance with Articles L.624-9 and L.624-16 of the French Commercial Code, notwithstanding any provision to the contrary, this retention-of-title clause is enforceable against the Customer. The Company is hereby authorized by the Customer, who accepts this, to have an inventory drawn up and/or to place the unpaid Products held by the Customer under sequestration.
The Website is the exclusive property of the Company, which operates it.
Unless otherwise stated, all elements of the Website, including but not limited to text, trademarks, company names, logos, products, domain names, presentations, graphics, illustrations, photographs, films, site structures, and layouts, are the exclusive property of the Company and are protected by applicable French and international intellectual property laws. Any reproduction and/or representation, in whole or in part, of any of these elements, without the Company’s prior express authorization, is prohibited and would constitute an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code. Accordingly, the Customer shall refrain from any action or act likely to directly or indirectly infringe the Company’s intellectual property rights.
Likewise, any representation, reproduction, incorporation, distribution, adaptation, or rebroadcasting, in whole or in part, of the database contained on the Website is prohibited, except with the prior express authorization of the holder of the rights attached to the database used.
The same applies to any copyright, designs, and patents that are the property of the Company.
The visuals, photographs, texts, and comments appearing on the Products and their communication materials remain the exclusive property of the Company, and no right of use, exploitation, representation, reproduction, or adaptation is granted to the Customer, except under conditions expressly accepted by the Company.
These CCV do not transfer to Customers any intellectual property rights over elements belonging to the Company.
Any Customer who becomes aware of an infringement of trademarks, patents, or designs held by the Company must inform the Company immediately by fax or email, confirmed by registered letter with acknowledgment of receipt.
The Customer is solely responsible for their relationships with their own customers. The Customer guarantees and indemnifies the Company against any claim and any judgment arising from the Customer’s failure to comply with obligations incumbent upon them under the law or these CCV.
Products marketed by the Company comply with the required technical specifications and with applicable legislation, regulations, and/or standards in force in France, and are warranted against all manufacturing defects.
Products must be stored and used under normal conditions, in accordance with the instructions and directions for use provided, where applicable, with these Products. In accordance with applicable legal provisions and, in particular, the provisions of Article L.5431-7 of the Public Health Code, the Customer must ensure that resold Products are accompanied by the mandatory consumer information required by regulation.
Under no circumstances may the Company be held liable for damage resulting from improper handling or use of the products sold by a third party, or in the event of the Customer’s failure to comply with their obligations.
In any event, such liability is capped at the value of the Product(s) in question. In the event of a hidden defect or non-conformity acknowledged by the Company, the Company’s warranty is limited to replacement of products acknowledged to be defective or missing, excluding labor and transport costs, or the issuance of a credit note, without giving rise to any right to payment of any indemnity or damages for any reason whatsoever, and after verification by the Company of the returned products.
Returns of goods, in particular expired Products, are not accepted, except with the Company’s prior written agreement.
Refusal or return of goods is prohibited, except in the case of non-conformity (Products delivered not matching, in number or nature, those ordered, or affected by a defect) or failure to meet the delivery date, understood as failure to meet the agreed delivery day. Any such refusal or return of goods may only take place following the Company’s written agreement. In the absence of such written agreement, returned Products will be held at the Customer’s disposal, with storage costs invoiced.
In any event, expired Products cannot be taken back more than one year after their expiry date. Return costs and risks are borne by the Customer.
The Company shall not be held liable, and its obligations shall be automatically suspended without formality, if the non-performance or delay in performance of any of its obligations, as described in these CCV, results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
The following shall be considered cases of force majeure, without the Company having to establish the criteria set out in Article 1218 of the French Civil Code: situations of war (declared or undeclared), regardless of the countries party to the conflict, having a direct or indirect impact on the manufacture or marketing of the products, civil war, riot and revolution, acts of piracy, strikes, spoilage/sinking of goods, raw material supply shortages, the impossibility of obtaining supplies for any reason whatsoever, machine breakdowns, transport shortages, epidemics or pandemics, as well as measures taken by the competent authorities, in France or abroad, intended to limit the spread of an epidemic or pandemic in connection with a declared state of public health emergency or otherwise. This suspension does not, however, apply to payment obligations.
The Company’s obligations shall be suspended for as long as the Company is unable to perform them due to the invoked case of force majeure.
In the event of a fortuitous event or a case of force majeure within the meaning of this Article, the Party affected by the force majeure event shall inform the other Party by any means as soon as possible, and at the latest within seventy-two (72) hours, of its inability to perform its obligations due to a case of force majeure. The suspension of obligations may under no circumstances give rise to liability for non-performance of the obligation concerned, nor result in the payment of damages or late-payment penalties.
Initially, cases of force majeure shall suspend performance of these CCV and of the order in progress.
Consequently, as soon as the cause of the suspension of the Parties’ mutual obligations disappears, the Parties shall resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by any means of its choosing.
Should the impediment, and thus the suspension, continue beyond a period of two (2) months, these CCV and the order in progress shall be automatically terminated.
No predetermined penalty, for whatever reason, shall be accepted by the Company, except with its prior written agreement, notwithstanding any clauses or provisions to the contrary that may appear in purchase terms or any other document originating from the Customer. Accordingly, no penalty, whether flat-rate or otherwise, for whatever reason, may be unilaterally invoiced to the Company or deducted from the Company’s sales invoices, except with the Company’s prior written agreement. Any unauthorized offsetting debit, in any form whatsoever, by the Customer in violation of these provisions shall be treated as a payment incident authorizing the Company to refuse any new order, halt deliveries relating to orders in progress, and suspend payment of rebates and other financial benefits.
In the event of a failure by the Company to fulfil any of its obligations, it is recalled that only actual loss suffered, previously demonstrated and assessed by the Customer, may give rise to a right to compensation. In this regard, the Customer must provide the Company, within one (1) month of the alleged failure, with any document evidencing the loss actually suffered (dated and signed delivery note, etc.) and must allow the Company a sufficient period of time, in any event at least equal to one (1) month, to analyze these documents and, where applicable, dispute the claim for a penalty. In the absence of agreement between the Parties regarding the alleged failure and the amount of compensation claimed, the assessment of the loss suffered shall be made by an expert appointed by the President of the competent Commercial Court, at the request of the most diligent party.
By express derogation from the provisions of Article L.110-4 of the French Commercial Code, any dispute by the Customer relating to the entirety of the business relationship with the Company may not be taken into account after the expiry of a period of one (1) year from the end of the calendar year in respect of which the sum is due.
Should the Customer become aware of:
• A vigilance case, i.e., a harmful and unintended reaction suspected of being due to a Product occurring under conditions of use, whether compliant or non-compliant with the Product’s legal notices, the Customer must inform the Company as soon as possible at gestion@poderm.com;
• A request for information related to a Product to which the Customer does not know the answer, the Customer must inform the Company at gestion@poderm.com;
• A quality complaint related to a Product, the Customer must inform the Company at gestion@poderm.com.
The Customer must state their profession, the Product concerned, any information about the consumer (age, sex, date of birth), and a description of the adverse event(s)/quality complaint(s)/information request(s).
With regard to Medical Devices, the Customer undertakes to report without delay any serious incident or risk of serious incident to the ANSM (French National Agency for the Safety of Medicines and Health Products) via the adverse health event reporting portal of the ministry responsible for health and solidarity, or to the Local Materiovigilance Correspondent of their healthcare establishment (Articles L.5212-2 and R.5212-14 to 16 of the Public Health Code).
Likewise, the Customer undertakes to report any other adverse health event brought to their attention in connection with the resale of the Products, relating to a cosmetic or food supplement, via the adverse health event reporting portal of the ministry responsible for health and solidarity.
In accordance with Articles 1104 and 1112 of the French Civil Code, the Parties agree to perform their obligations in complete good faith.
The Parties declare these undertakings to be sincere.
To this end, they declare that they are not aware of any information which, had it been disclosed, would have altered the other Party’s consent.
The titles of the clauses of the CCV are included for information purposes only and shall in no way affect the meaning or interpretation of the said CCV. Should the title of a clause create confusion as to the understanding of the clause itself, it shall be disregarded.
If one or more provisions of these CCV are held to be invalid or declared as such pursuant to a law, a regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and effect.
These CCV express the entirety of the Parties’ obligations.
No general or specific terms and conditions appearing in documents sent or delivered by the parties may be incorporated into these CCV.
The Company and the Customer acknowledge that, in the course of performing their business relationship, they may be entrusted with confidential information of a technical, commercial, marketing, or financial nature (innovation projects or any other nature), or relating to elements subject to intellectual or industrial property rights. This list is not exhaustive.
Information transmitted to or gathered by the Company in connection with an order is considered by nature to be confidential and subject to professional secrecy. This information must not, in any way, be disclosed to third parties. The Company and the Customer guarantee the confidentiality of all information, whether written or oral, of which they become aware in the course of performing their business relationship, and undertake not to disclose it to persons other than those entitled to be aware of it, on pain of having to compensate for any resulting loss. They undertake to take all appropriate measures with regard to their staff to ensure that none of the aforementioned information is disclosed to third parties.
This provision does not preclude disclosures ordered by judicial or administrative process.
In connection with the collection and processing of personal data, the Customer and the Company undertake to comply with the provisions of Law No. 78-17 of 6 January 1978 on data processing, data files, and civil liberties, as amended in particular by adaptation Law No. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The Company, as data controller, implements the processing of personal data for the management of its relationships with its customers, including the Customer, for the performance of the sales contract entered into with them. The information collected is necessary for this processing and is intended for the relevant departments of the Company and, where applicable, its service providers and/or subcontractors. It is retained for the entire duration of the business relationship and then for five years from the end of that relationship.
Any natural person concerned has a right of access, rectification, erasure, and deletion of the data collected, as well as a right to data portability, a right to be informed in the event of a data breach, and a right to be informed about the use of this data. These rights may be exercised directly with the data controller by sending an email to: gestion@poderm.com, accompanied by a copy of proof of identity.
They also have the right to lodge a complaint with the French Data Protection Authority (CNIL).
The Customer undertakes to inform their employees and staff whose personal data may be transmitted to the Company of the content of this Article, so that they may exercise their rights.
For further details regarding orders placed online, the Customer may consult the Company’s data protection policy on the Website (https://www.expert.poderm.com/policies/privacy-policy).
These CCV have been drafted in the French language.
In the event of a dispute between the parties or a disagreement over the interpretation of a word or clause, only the versions drafted in the French language shall prevail.
In accordance with the provisions of Article R.541-173 of the French Environmental Code, it is specified that the unique identifier (“UI”) numbers issued by ADEME for products subject to extended producer responsibility, within the meaning of Articles L.541-10 et seq. of the Environmental Code, marketed by the Company, are as follows:
Paper and cardboard packaging: FR208575_01HLJM
These CCV are governed by French law, and French law alone applies to all contractual relations between the Company and the Customer, as well as to any special agreements that may be entered into, and to all disputes arising therefrom, of whatever nature. The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) does not apply.
French law applies to both substantive and procedural rules, notwithstanding the places of performance of the substantive or ancillary obligations.
The Parties shall use their best efforts to resolve amicably any disagreements that may arise from the interpretation, performance, or termination of the business relationship between the Company and the Customer.
Should the amicable procedure fail, all disputes between the Parties to which this contract may give rise, whether as to its validity, interpretation, performance, or termination, shall fall within the jurisdiction of the competent Court of Paris, even in the case of an incidental claim, multiple defendants, or third-party proceedings. This jurisdiction clause shall apply even in summary proceedings.
These Category-Specific Terms and Conditions of Sale (hereinafter referred to as the “CCV”) are issued by Dist.BHE, a simplified single-shareholder joint-stock company registered with the Annecy Trade and Companies Register under number 833 699 028, with its registered office located at 11 Avenue d’Albigny, 74000 Annecy (the “Company”).
Dist. BHE (hereinafter referred to as the “Seller”) is engaged in the sale of various products, including in particular nail care products (hereinafter the “Products”).
In order to meet its customers’ expectations, the Company has decided to sell its Products remotely via electronic means (Internet).
The list of Products offered for distance selling is available on the following website:
https://www.expert.poderm.com/ (hereinafter referred to as the “Website”). Each product is accompanied by a detailed description in a product sheet.
These CCV apply to all orders for Products placed remotely on the Website by customers operating one or more pharmaceutical dispensaries within the meaning of Article L.5125-1 of the French Public Health Code, by customers operating one or more parapharmacy retail outlets, as well as by purchasing group structures within the meaning of Article D.5125-24-16 of the French Public Health Code when acting as agents in the name and on behalf of a pharmaceutical dispensary (hereinafter referred to as the “SRA mandataries”), hereinafter collectively referred to as the “Client(s)”.
Among the Products marketed by the Company, some belong to the category of medical devices (hereinafter referred to as the “Medical Devices”); these products may only be resold in accordance with the provisions of the French Public Health Code applicable to them.
The Client declares that they have read these CCV prior to placing their order. Validation of the order therefore constitutes unconditional and unreserved acceptance of these CCV, which shall prevail over any conflicting clauses, general terms, or specific purchasing conditions of the Client.
These CCV may be amended at any time. Accordingly, the applicable conditions are those in force on the Website at the time the order is placed. The date on which these CCV are published online shall constitute their effective date.
In the event that, after their removal from the Website and replacement, these CCV remain accessible via other websites or by any other means, they shall no longer be enforceable against the Company.
The Client must first read these CCV remotely before validating their order on the Website and must then confirm their acceptance of all these CCV by performing the required acceptance action on the Website (by ticking a box or clicking a button).
In accordance with Article 1127-1 of the French Civil Code, these CCV may be stored by any person visiting the Website through electronic recording and may also be reproduced by the Client by printing them.
The fact that the Company does not rely, at a given time, on any clause of these CCV shall not be interpreted as a waiver of its right to rely on that clause at a later date. The invalidity of any clause of these CCV, for any reason whatsoever, shall not affect the validity of the remaining clauses.
Any order placed via the Website implies acceptance of these CCV in their entirety.
Orders are placed online on the Company’s e-commerce Website at the following address:
https://www.expert.poderm.com/
To purchase Products, the Client must, upon their first order, create a customer account and complete an information form including certain mandatory fields so that their selection can be processed by the Company. The Client undertakes in particular to provide:
In accordance with Article 1127-1 of the French Civil Code, all the steps required for the sale are described below:
At any time, the Client may:
An order summary will then display all information relating to the order, including: the nature, quantity, and price of the Products, the total amount (including shipping costs), the Client’s details, the delivery address, and the billing address, in accordance with Article 1127-2 of the French Civil Code.
After reviewing the order, the Client will be invited to:
By clicking the “Checkout” button, the Client must, after having read these CCV, tick the box “I have read and accept the Category-Specific Terms and Conditions of Sale.” The Client will then be deemed to have accepted these CCV and acknowledged that the order entails an obligation to pay.
The Client will then be redirected to a secure webpage where they will be asked to complete payment for their order in accordance with Article 3.4 below.
The language of the contract is French.
All data provided and recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out.
In the event of prolonged inactivity during the connection, the selection of Products chosen prior to such inactivity may no longer be guaranteed. The Client will then be invited to restart their selection.
Once the Client has validated their order, the Company will acknowledge receipt without undue delay and electronically, in accordance with Article 1127-2 of the French Civil Code.
However, the sale shall only be considered final after the Seller sends the shipment confirmation to the Client. Only shipped Products will be charged, including delivery costs.
The order confirmation email sent to the Client will include the following information:
Once validated, no order may be modified, cancelled, or postponed without the prior written and express consent of the Company. Any modification requested during performance must be approved in advance by the Company, it being understood that the Client shall bear any additional costs and delivery delays. No penalties or compensation of any kind shall apply if the requested modification cannot be carried out.
The Company may refuse any order that exceeds its delivery capacity, is incompatible with these CCV, is abnormal for any reason, or is placed in bad faith.