Section 1 - Content and Scope
These General Terms and Conditions of Sale (hereinafter “GTCS”) apply in full to any distance selling of products through the Website www.dermatherm.fr/gb/ (hereinafter the “Website”), concluded between the company LABORATOIRE GRAVIER and a consumer. The present GTCS are not applicable to any sales in our boutique showroom in Uzès. Orders from professionals or similar persons are consequently excluded from the GTCS and will not be serviced, especially when the order exceeds the average need of a consumer or is part of an abnormally large volume of orders to the same billing or shipping address. These GTCS are available in advance to any individual interested in purchasing our products. Customers must confirm their acceptance of these GTCS before finalizing any order by ticking the appropriate box on the order confirmation page. DERMATHERM reserves the right to change these GTCS at any time and without prior notice. The applicable GTCS are those which are in effect on the day an order is received.
LABORATOIRE GRAVIER is a simplified joint stock company with a capital of €500,000, located at Z.A.E. in Grand Lussan 30580 – LUSSAN (France), that is registered with the Nîmes trade and company register (RCS) under No. 341 502 326, VAT No. INTRACOM FR 713 415 023 26. Customer Service: Postcode: Z.A.E., Grand Lussan, 30580, LUSSAN, France. E-mail address: email@example.com. Telephone: 04 66 57 44 52.
Section 2 - Products
The products offered for sale on the Website are limited to those seen by the Internet user on the day they consult the Website, while stocks last, and are described in greater detail in the product sheets, including a photo, product name and description.
Section 3 - Price and Promotionnal
Offers 3.1 Price
All prices on the Website are indicated in Euros (€) with taxes included. Shipping costs are additional (these will be automatically calculated and indicated in the amount due in your basket). These prices are subject to change throughout the year. The applicable tariff refers to the tariff in effect on the day of submitting an order. The prices include the applicable VAT of the day of the order, on French territory, and any change in the VAT rate will automatically be reflected in the price of the products on the Website.
3.2 Promotional Offers
Any product and promotional offers displayed are valid as long as they are on the Website and in stock. The promotional codes are valid until the date indicated by DERMATHERM. The prices and promotional offers apply only to products sold on the Website and do not apply to products sold in stores or on other websites and vice versa.
Section 4 - Orders
4.1 Navigating the Website
The Internet user may freely navigate the pages of the Website with no commitment to purchase an order. The Internet user shall assume any telecommunication costs of accessing the Internet and using the Website.
4.2 Order Process
To place an order, the Customer must have the legal capacity to contract, i.e., they must be of legal age and not under guardianship or curatorship. After choosing the desired product(s), Internet users can place their order by clicking on the “Add to Basket” button. These products are subsequently added to their basket. When the customer is ready to finalize their order, they should click on the basket icon to gain access to:
• A summary of products in their basket, where they can adjust the quantity by clicking on the “+” or “-” buttons.
• Different delivery options and their corresponding costs;
• The total amount of the order.
Once the Customer has completed their purchase, they will need to enter the necessary information to confirm and track their order. This can be done by creating a customer account or by logging in with their username and password. Customers are then asked to carefully preview their order to ensure that everything is correct before confirming their order. The Customer then clicks on the “Confirm” button to proceed to the payment module. Until this final step, the Customer is able to go back to previous pages to correct or modify their order and all previously provided information. Confirmation of the order constitutes an electronic signature which is binding between the Parties to the same extent as a handwritten signature. This confirmation, in addition to the data entered on the Website, shall therefore constitute proof of the transaction and acceptance of the GTCS. The Customer is obligated to pay the amount displayed at the end of the confirmation process, in addition to delivery costs. Within 24 hours, the Customer will receive an order acknowledgement by e-mail summarizing their order.
Order Suspension: DERMATHERM reserves the right to block or cancel an order placed on the Website, by a Customer who is in payment arrears or who is involved in an unsolved dispute regarding the payment of a previous order, until the problem is resolved, or for a legitimate reason relating to the abnormal nature of an order or means of payment, or in the event of invalid contact information.
4.3: Availability of Products
DERMATHERM undertakes to deliver the product on the date or within the timeframe indicated to the Customer, unless the parties have agreed otherwise. If an ordered product is unavailable, DERMATHERM will inform the Customer as soon as possible by e-mail. The Customer has the option to keep their order and wait for the product to become available, to be reimbursed for the price of the unavailable product without additional compensation, or to receive store credit in the amount of the unavailable product.
Section 5 - Right of Withdrawal
Withdrawal Period in accordance with section L.221-18 of the French Code de la consommation (hereinafter “Consumer Code”), the Customer has a withdrawal period that expires fourteen (14) days after the day the Customer, or a third party other than the carrier, who is designated by the Customer, takes physical possession of the product. Should the fourteen (14) day period expire on a Saturday, Sunday, bank holiday or other non-business day, it shall be extended to the next business day. In the event that the Customer has ordered several products in a single order that results in several deliveries, the withdrawal period will expire fourteen (14) days after receipt of the last delivered product.
In accordance with section L. 221-28 of the Consumer Code, the right of withdrawal excludes any supply of goods that have been opened by the Customer after delivery and that cannot be returned for health or hygiene reasons. Notification of the Right of Withdrawal in order to exercise their right of withdrawal, the Customer must notify us of their decision to withdraw, before the expiry of the above-mentioned period, by means of an unambiguous statement (e.g., letter in mail, fax or e-mail to the contact information mentioned in section (1). The Customer may use the withdrawal form template below, but it is not mandatory. Withdrawal Consequences The Customer must, without undue delay and, in any event, return the goods no later than fourteen (14) days after they have communicated their decision to withdraw to: Boutique Laboratoire Gravier - 1 rue Jacques d’Uzès, - 30700, Uzès. Customers are responsible for any additional expenses to reship the product. DERMATHERM will reimburse all the amounts paid, without undue delay and, in any event, no later than fourteen (14) days from the day DERMATHERM receives the returned product or proof of its shipment. This timeframe shall be respected if the Customer returns the goods prior to the expiration of the fourteen (14) days.
DERMATHERM will refund the Customer using the same means of payment that the Customer used for the initial transaction, except if the Customer expressly agrees to a different means of payment. In any event, this refund will not incur any costs to the Customer. Condition of Returned Goods The product must be returned in accordance with the instructions provided by DERMATHERM and include all delivered accessories. It is imperative that all products be returned to DERMATHERM in their original packaging and condition.
Section 6 - Payments and Security of Payments
The payment of an order takes effect upon order confirmation. No order shall be processed without full payment on this date. The payment order can be made by:
• Credit cards through Visa, Mastercard, Maestro or American Express networks,
The Customer must have the necessary authorizations to use the method of payment chosen for their order. DERMATHERM cannot be held responsible for the fraudulent use of one of these payment methods. Any fraudulent use of a credit card shall not give rise to a claim for any reimbursement by DERMATHERM. Upon request, an invoice can be provided to the Customer. All products shall remain the exclusive property of DERMATHERM until the total cost of products have been paid in full (expenses and taxes included). The transfer of ownership and risks take place at the time that the Customer takes possession of the product.
Section 7 - Delivery and Termination of the Contract
The product will be delivered to the address indicated by the Customer on the order form. If the Customer made an error on the address, which led to the product being returned to DERMATHERM, the Customer is responsible for paying the additional shipping costs to reship the product. DERMATHERM will reship the product within four (4) business days after the order has been confirmed (preparation time). Delivery dates are thereafter determined by Mondial Relais or Colissimo. The delivery dates indicated on the Website include the preparation and shipment of the Order, in addition to the time required to ship the products to the delivery point (i.e., the Customer’s mailing address or chosen pick-up location).
7.1 Costs and Delivery Methods
Delivery costs and methods depend on the delivery address and what the Customer selected. In mainland France: Delivery costs are indicated on the Website, taxes included, during the ordering process and must be accepted by the Customer at the time of the order’s confirmation. These costs will be displayed on a separate line to product prices. Delivery costs may vary depending on where the product is being shipped, which the Customer expressly acknowledges and accepts.
7.2 Shipping Delays
Delivery dates depend on the delivery zone. These dates are only applicable to products that are immediately available. If no indication is given, DERMATHERM will deliver the products without undue delay and no later than thirty (30) days after the order’s confirmation. If a product is unavailable or if DERMATHERM neglects to deliver a product, the Customer can implement the provisions from section L. 216-6 of the Consumer Code. If your order is cancelled, you will be reimbursed for all the amounts paid, no later than fourteen (14) days after the date of the contract’s cancellation.
7.3 Transportation Risks
DERMATHERM is responsible for all transportation risks until delivery, unless the Customer chooses a different carrier than the one proposed by DERMATHERM. If the Customer choose to pick up their order from the shop in Uzès, then the Customer assumes all transportation risks. When the transportation risks belong to DERMATHERM, it is recommended that customers refuse the delivery if the parcel has been damaged, opened or repackaged, and if not, to write clear and detailed information of the circumstances on the delivery receipt. The Customer should immediately open the parcel and contact DERMATHERM without delay if a product is damaged or missing. It is recommended that the Customer reiterate their concerns by registered post to the carrier within three days of receipt, to allow for legal recourse against the latter.
Section 8 - Personal Information
The computerized processing of personal data is intended for the purposes of order management. Information (including titles, surname, first name(s), delivery and billing addresses, e-mail addresses, telephone numbers) are collected with the Customer’s consent for contractual purposes. This information is kept for a period of three (3) years from the creation of the customer account or the Customer’s last order. The personal information mentioned above is mandatory. Without it, orders cannot be processed. This information will not be shared with a non-member State of the European Union and in general will not be communicated, free of charge or in exchange for payment, to a third party other than the transport provider. In accordance with the French Loi Informatique et Libertés (Information-Processing Law and Freedoms), every individual concerned has the right to request DERMATHERM, by e-mail or letter as set out in section 1, for access to their personal information, for its correction or deletion, to limit its processing, in addition to the right to object to its processing and the right to the portability of their data. The Customer concerned is also entitled to lodge a complaint with the CNIL. Pursuant to section L. 223-2 of the Consumer Code, the Customer is reminded of their right to register free of charge on a no-call telephone solicitation list.
Section 9 - Legal Warranty
9.1 Legal Warranty of Conformity:
When the Customer acts under the legal warranty of conformity, they: - have a period of two (2) years from the delivery of the goods to act; - can choose between the repair or replacement of goods, subject to certain cost terms and conditions provided for in section L.217-19 of the Consumer Code; - be exempt from proving the existence of lack of conformity during the twenty-four (24) months following the delivery of the goods. The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
9.2 Legal warranty against hidden defects:
the Customer decides to implement the legal warranty against latent defects of products sold in accordance with section 1641 of the Civil Code. In this event, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with section 1644 of the Civil Code.
Section 10 - Applicable Law and Dispute Resolution
The present general conditions are subject to French law. In the event of a dispute, the Customer must first contact Customer Service by calling the number given in section 1, from Monday to Friday, 9:00 a.m. to 4:00 p.m., or by e-mail to the address given in section 1. WITHDRAWAL FORM (to be completed and returned only if you would like to withdraw from the contract) To the attention of LABORATOIRE GRAVIER - Z.A.E., Grand Lussan - 30580 Lussan, firstname.lastname@example.org :
I hereby notify you of my withdrawal from the contract for the sale of the following goods: ……..………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………. Order No.: …………………………… Received on: …………………………………………. Client Name: ……………………..………………………………..…………………………………………………… Client Address: ……………………………………………..…………………………………………………………. Date: …………………………………………...….
Client Signature (only if this form is provided on paper)