Terms and Conditions of Sale

Preamble



We welcome you on this website dedicated to the product Viticell of the French company LABORATOIRES GENEVRIER.

Viticell website (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet at www.viticell.com. It is accessible to any user of the Web (hereinafter referred to as “Internet user”).

It is published by the company LABORATORIES GENEVRIER, Limited Company with share capital of 7,714,000 Euros, having its head office at 280 rue de Goa – ZI Les Trois Moulins Park of Sophia Antipolis – 06600 Antibes, France; registered in the Trade and Companies Registry of Antibes under number 341 264 570.

Phone number : 0033 492 911 560 – Mail : mail@laboratoires-genevier.com

Number available Monday through Friday, 9:00 a.m. to 6:00 p.m.



The Site allows LABORATORIES GENEVRIER to offer for sale, in France (metropolitan France and overseas territories), Monaco, Belgium and Italy, a medical device (hereinafter referred to as the “Product”) to Internet users browsing through the Site (hereinafter referred to as “Users”). For the purposes hereof, it is agreed that the User and LABORATORIES GENEVRIER will be referred to collectively as the “Parties” and individually as the “Party”, and that the User having submitted an order will be referred to as the “Buyer”. The rights and obligations of the User apply to the Buyer.

The User who wishes to buy on the Site states that he/she has the legal capacity to do so.

All orders offered on the Site imply knowledge and express acceptance of these Terms and Conditions of Sale, without this acceptance being conditioned by a handwritten signature from the User.

In accordance with the provisions of Articles 1363 to 1368 of the French Civil Code, by order No. 2016-131 of February 10, 2016, it is reminded that the submission of the order as specified in Article 3.3. below constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.



The User may save or print these Terms and Conditions provided he/she does not change them.



Article 1. Subject

These Terms and Conditions are intended to define, in France (metropolitan France and French overseas departments and territories) and in the Principality of Monaco, Belgium and Italy, exclusively because of the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of products offered on the Site. These apply to the exclusion of any other document.

LABORATORIES GENEVRIER reserves the right to modify at any time these Terms and Conditions of Sale. However, the conditions applicable to orders placed by a Buyer are those accepted by him/her at the time of recording the order.



Article 2. Products - Price

2.1. Products



The Product proposed for sale by LABORATORIES GENEVRIER is the one that was on the Site the day the User accessed the Site, and within the limits of available stocks.

The photographs illustrating the Products are not in the Agreement.



In case of unavailability of products (out of stock, stop marketing, etc.), the company LABORATORIES GENEVRIER reserves the right to block the procedure for the control of the products concerned.



If this procedure could not be implemented on time, and that the Buyer still able to place an order, he will be notified of this situation by e-mail as soon as possible. He will then contact the company LABORATORIES GENEVRIER by email at serviceclient.viticell@laboratoires-genevrier.com or call 0033 492 911 560 and can then freely choose between:

  • - Seek reimbursement unavailable products;
  • - Maintain order and wait replenishment products, except for cases where the unavailability of the Products is due to cease of commercialization, a call back of products, a long-term stock rupture, etc.


2.2. Price



The price of the product is indicated in euros. It takes into account the VAT applicable on the day of the order. Shipping of the order of the Buyer will be indicated to him before the final confirmation of the order.

LABORATORIES GENEVRIER reserves the right, which the User agrees with, to modify its prices at any time, but the Products will be billed based on the rates in effect at the time of registration of the order, which is, however, subject to the availability of said Product.



Article 3. Registration and confirmation of the order

3.1. Navigating



The User may freely browse the various pages of the Site, without committing to place an order.



3.2. Placing an order



If the User wishes to place an order, he will manifest his interest by clicking on the “add to cart” box. At any time, the User can:

  • - get an overview of the Products he/she selected or change the order by clicking on the “Cart” located at the top right of each “Order” page
  • - complete his/her selection of Products and place the order by clicking on “Cart”.

To order the products he/she has chosen, the User clicks on “view details and adjust”.

A summary of the order will appear on the screen. If the list that is presented corresponds to the Products he/she has chosen, the User will submit the order by clicking on: “Submit”.

The User must then identify him/herself, either by entering his/her e-mail and password, if already a customer, or by completing accurately the form provided to him/her, that will include, among others, the necessary identity information which is his/her full name and postal address.

He/she will also provide an e-mail address and a password that will be personal and confidential, and which he/she will need for login later on the site. The User is informed and agrees that entering any identifier is a proof of his identity and an expression of his/her consent.



3.3. Final validation of the order



After noting the status of their order, and once all information requested has been completed by the User, he/she will click the “OK” box to pay for the order by credit card (Visa or Carte Bleue). He/she will then be switched automatically to the payment server of BNP Paribas Bank. It is specified that the server BNP PARIBAS is secured by SSL encryption (Secure Socket Layer) to protect as effectively as possible all data related to payment, and that at no time the User’s bank data will go through the computer system of LABORATORIES GENEVRIER [the User will not need to indicate his/her PIN at any time].

As soon as he/she validates the payment, the User comes back to the Site. His/her order is recorded and becomes irrevocable. The User then becomes a Buyer. The order is recorded on the electronic records of LABORATORIES GENEVRIER, themselves stored on a reliable and durable system, and will be considered as a proof of the contractual relationship between the Parties.



3.4. Order Confirmation



Once the User has submitted his/her payment, a summary of the order will be sent to him/her via e-mail, to the e-mail address he/she indicated at the time of identification. He/she will be reminded of:

  • - the characteristics of the goods ordered,
  • - the no right of retraction as stipulated in Article 5;
  • - the address where the Buyer may address any complaints,
  • - the information on after sales service and commercial guaranties.


Article 4. Shipping and Billing

4.1. Terms of delivery



The order will be processed by LABORATORIES GENEVRIER within two (2) business days after the registration of the order for orders placed before 12:00 noon. Deliveries are made by La Poste (Colissimo) for France (metropolitan), but they will be made by Fedex shipping company for other countries and French overseas departments and territories. Delivery times are usually those practised by that shipping company.

LABORATORIES GENEVRIER will not be held responsible for delays in delivery due to the shipping company.

Shipping costs are charged to the Buyer. The amount will be indicated to him before the final confirmation of the order.

As a guide, the shipping flat rate for sending a Viticell kit will amount to 14 Euros for France and 54 Euros for Belgium and Italy. Insurance costs included.



4.2. Delivery time

The maximum delivery time is three (3) days from ordering products except special stipulations indicated to the Buyer before placing an order.

In case of late delivery, the Buyer shall report the delay as soon as the company LABORATORIES GENEVRIER by mail at serviceclient.viticell@laboratoires-genevrier.com or by calling 0033 492 911 560.

The Buyer has the option of cancel the order if delivery of it did not intervene later than seven (7) business days after the delivery date specified by the company LABORATORIES GENEVRIER.

The company disclaims any responsibility in case of non-delivery or late delivery due to force majeure, the fact of a third party or a fault of the consumer.



4.3. Partial delivery

If unable to deliver the Products ordered at one time, the buyer will be informed by email.

4.4. Actual delivery

Delivery will be regarded as carried out the availability of the Products by the carrier.

4.5. Receiving the Product



Upon receiving the product ordered, the Buyer will check the conformity of the Product and store it at room temperature between +2°C and +25°C.

Any anomaly concerning the delivery (missing or broken product, damaged package, ...) should be notified by the buyer as soon as possible, given the perishable nature of the product, the customer service LABORATORIES GENEVRIER by email addressed serviceclient.viticell@laboratoires-genevrier.com or call 0033 492 911 560.



The Buyer shall then return the non-conforming products the company LABORATORIES GENEVRIER at the following address:

LABORATOIRES GENEVRIER - 280 rue de Goa - ZI Les Trois Moulins Park Sophia Antipolis BP47 - 06600 Antibes - FRANCE



If the above conditions are met, the company LABORATORIES GENEVRIER will then either exchange or refund damaged or missing products, and reimbursement of shipping costs and, if necessary, return of Products (subject well -based demand of the Buyer), at no cost to the Buyer.

If the Buyer is not present at the time of delivery, for product conservation reasons, the Buyer will have to pick it up within 48 hours and store it at 4° C (degrees Celsius). LABORATORIES GENEVRIER may exempt itself from liability if it proves that the Buyer has not fulfilled his/her obligation for pick-up within the aforementioned time period.



4.6. Billing



In metropolitan France, the invoice will be sent by mail, while it will be available with the package for other countries.



Any problem concerning the delivery (missing or broken, damaged package,...) must be reported by the Buyer as soon as possible, given the perishable nature of the product, to LABORATORIES GENEVRIER’s customer service by an e-mail sent to serviceclient.viticell@laboratoires-genevrier.com.

If the above conditions are met, then LABORATORIES GENEVRIER will either exchange or refund the damage or missing product(s) (subject to the validity of the Buyer’s request). LABORATORIES GENEVRIER disclaims any liability for non-delivery or delay in delivery due to force majeure, due to a third party or due to consumer negligence. In case of delay in delivery, the Buyer will report the delay, as fast as possible to Viticell customer service, by e-mail to serviceclient.viticell@laboratoires-genevrier.com or by phone at 0033 492 911 560.



Article 5. No right of withdrawal

In accordance with the provisions of Article L121-28 of the French Consumer Code by order No. 2016-301 of March 14th 2016 - Art. 34 (V), the Buyer has no retraction right because the product is a good likely to deteriorate or expire rapidly.



Article 6. Guarantees



6.1. Legal compliance guarantee (Articles L217-4 to L217-14 of the Consumer Code by order n°2016-301 of March 14th 2016 - art. 34 (V))

According to the law, if the product ordered is defective compliance when issued, the Purchaser will benefit of the legal guarantee of conformity.



When acting legal guarantee of conformity, the consumer:

  • -has a period of two (2) years from the delivery of the product to act;
  • -can choose between the repair or replacement of the Product, unless this choice leads to a manifestly disproportionate cost in relation to the other terms;
  • -is provided to prove the existence of the lack of conformity of the good during the six (6) months following the issuance of the Product. This period is extended to twenty-four (24) months from the March 18, 2016, except for used products.


6.2. Liability for defects in the goods sold (Articles 1641 to 1648 of the Civil Code)

The company LABORATORIES GENEVRIER is required to guarantee hidden defects of product sold which render it unfit for normal use, or that decrease this use that Buyer would not have purchased or would have purchased at a lower price. The fault must be prior to the sale.

The Buyer has the choice of making the product and be reimbursed (shipping charges and return included), either keep the Product and refund a portion of the price.



Article 7. Data protection

The private information collected in the context of distance selling is required, this information is necessary for the processing and delivery of orders and for preparing invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.

The User has a right of access, modification, rectification and deletion of data belonging to him/her. To exercise this right, the User must send a simple mail to the following address:

Informatics and Liberty contact

LABORATOIRES GENEVRIER

280 rue de Goa

06600 Antibes

FRANCE

Or send an e-mail to cil@laboratoires-genevrier.com



Article 8. Intellectual Property

The use of the website www.viticell.com is strictly reserved for personal use.

The Viticell® brand, texts, illustrations and pictures, video and audio formats available on the Internet site www.viticell.com are the full and entire property of LABORATORIES GENEVRIER or of its partners, and thus protected in terms of copyright, right of trademarks, law of patents, and image right.

As a consequence, any reproduction or representation, total or partial, will be regarded as a counterfeit possibly involving the civil and criminal liability of its author.



Article 9. Various provisions

9.1. Liability



Pursuant to article L1221-15 of the French Consumer Code by order n°2016-301 of March 14th 2016 - art. 34 (V), LABORATORIES GENEVRIER disclaims all or part of its liability by proving that the non-execution or improper execution of the Agreement is attributable either to the consumer or to an unpredictable and insurmountable fact of a third party of the Agreement.



9.2. Force majeure



No Party will be responsible for the full or partial non execution of its obligations under this Agreement if this non execution is caused by an event constituting a force majeure. Will be considered as force majeure, events that meet the criteria established by the jurisprudence of the French courts.

The party invoking an event constituting a force majeure will notify the other Party within five (5) working days of the occurrence or threat of this event. The Parties agree that they will have to work together in the best possible time to define the rules for the implementation of the order during the entire time of a case of force majeure.

If the event should continue beyond a period of one (1) month, the order would be rightfully cancelled without either Party being able to claim the granting of damages.



9.3. Partial non-validity



If one of several provisions of these Terms and Conditions are found invalid or declared such in application of a law, regulation or following a final decision from a competent jurisdiction, the other provisions will keep all their force and scope.



9.4. Entirety of the Agreement



The present Terms and Conditions and the summary of order transmitted to the Buyer are a contractual entity and represent the entirety of the contractual relations that have taken place between the Parties. In the event of a contradiction between these documents, the Terms and Conditions will prevail.



9.5. Applicable law - Competent jurisdiction



The sales of LABORATOIRES GENEVRIER products are subject to French law, no matter what the country of residence of the Buyer is and where the placing of the order happens. The Parties will endeavour to settle all disputes amicably. Any dispute concerning the existence, interpretation, execution or termination of the Agreement concluded between LABORATOIRES GENEVRIER and the Buyer, even in the event of a plurality of defendants, will be non-exclusive jurisdiction of French courts.



 

 

 

Mis à jour le 2016-11-15

 

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