Article 1 - Definitions
The present General Terms and Conditions of Sale (hereinafter the "GTC") are offered by OVERBYING SA, with a share capital of CHF 100,000, paid up CHF 50,000, a company registered in Switzerland, in the Commercial Register of the Canton of Vaud under number CHE-248.720.861 and whose registered office is rue de la Grotte 6, c/o DYN SA, 1003 Lausanne. (hereinafter "DERMALIGHTS").
Subsequently, the following will be referred to as :
- "Site": the site http://www.dermalights.fr and all of its pages.
- "Products" or "Services": all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
- "Seller": DERMALIGHTS, a legal entity or individual, offering its Products or Services on the Site.
- "Customer": the Internet user, private individual or professional, making a purchase of Product(s) or Service(s) on the Site.
- "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that are not within the scope of his commercial, industrial, craft or liberal activity".
The Customer acknowledges having read the GCS and accepts them in full.
Article 2 - Application of the GCS and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GCS applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers the online sale of Dental Whitening Kit and a whole range of accessories.
The Site is freely accessible to all Customers. The acquisition of a Product or a Service implies the acceptance, by the Customer, of the entirety of the present General Terms and Conditions of Sale, who acknowledges having fully read and understood them. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site". The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
Acceptance of these GCS assumes on the part of the Clients that they have the legal capacity to do so. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorisation of a tutor, curator or his legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic registration systems and, unless it provides proof to the contrary, it waives the right to contest them in the event of a dispute.
Article 3 - Creation of a customer account
The creation of a "customer account" is an essential prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his/her first and last name, e-mail address, postal address and telephone number, this list being non-exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Vendor without delay in the event of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer registered on the Site can access it by logging in using his identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party social network login buttons. The Customer is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If the Customer forgets a password, the Customer has the option of generating a new one. This password is a guarantee of the confidentiality of the information contained in the "my account" section and the Customer is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Seller shall not be held liable for unauthorised access to a Customer's account.
The Customer's account allows the Customer to consult all his orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Vendor may not be held liable, as this information has no probative value but is only of an informative nature. The pages relating to the customer account are freely printable by the Customer holder of the account in question but do not constitute proof in any way, they are only of an informative nature intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. To do so, he must send an e-mail to the Vendor indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTC (in particular and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and setting up his personal space) or any account that has been inactive for at least one year. The said deletion shall not be likely to constitute a damage for the Client, who may not claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when justified by the facts.
Article 4 - Terms and conditions of order subscription and description of the purchasing process
The Products and Services offered are those listed in the catalogue published on the Site. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered.
We define below as "Basket" the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer will have to tick the box relating to the ratification of the present Terms and Conditions of Sale and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, which are necessary for the order to proceed smoothly.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer will be able to make changes, corrections, additions, or cancel the order, and this, until the validation of this one.
Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these Terms and Conditions relating to payments. After a few moments, the Customer will receive an email confirming the order, reminding him/her of the contents of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 5 - Price and payment terms
Unless otherwise stated, the prices in the catalogue are in Euros, inclusive of all taxes (including VAT), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
DERMALIGHTS reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.
The Customer may place an order on this Site and may make payment by credit card, Paypal. Payments by credit card are made through secure transactions provided by a provider of online payment platform.
This Site has no access to any data relating to the means of payment of the Customer. The payment is made directly in the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by cheque or bank transfer, the delivery periods defined in the "Deliveries" article of these GCS shall only begin to run from the date of actual receipt of payment by the Seller, who may provide proof of this by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.
DERMALIGHTS shall archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 - Deliveries
Delivery costs will be indicated to the Customer before any payment is made. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for information purposes only and remain dependent on possible delays in the postal services or other special cases preventing delivery (events, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares that it is the importer of the Product and accepts that in such a case the Seller may be materially unable to provide it with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
In the case of hand-delivery, the Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. In case of a delivery in a mailbox, the Customer agrees to immediately check the package and to contact Dermalights' support if he finds any anomaly. Failure to comply with these requirements will prevent the Customer from exercising his right of refusal, and the Seller will not be required to accede to the Customer's request to exercise his right of refusal.
If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller shall contact the Customer upon receipt of the returned package to ask the Customer what action to take with respect to his order. If the Customer has mistakenly refused the package, he may request its return by first paying the postal charges for the new shipment. Postal charges will have to be paid even for orders for which postal charges were offered at the time of the order.
In case of error of delivery or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false manoeuvre by the Customer cannot be imputed to the Vendor.
Any delay in delivery in relation to the date or time indicated to the Consumer Customer when placing the order or, in the absence of indication of date or time when placing the order, more than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the Consumer Customer's initiative, upon written request by him by registered letter with acknowledgement of receipt, if, after having enjoined the Seller to make delivery, he has not done so. The Consumer Customer shall then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Particular case of a parcel whose tracking number indicates that it is "delivered" but not received in the letterbox: if the customer notes and informs the seller that the parcel is not in his letterbox despite the fact that its tracking number indicates that it is "delivered", the customer service may ask him for additional information and an official document from La Poste responding to his complaint regarding the corresponding tracking number. The seller will then make every effort to ensure customer satisfaction by proposing, in particular, the immediate return of products at its own expense.
Article 7 - Right of withdrawal and withdrawal form
The customer has fourteen (14) working days from the date of receipt of the product of his order to retract. He will be required to return any product that does not suit him and request an exchange or refund without penalty, except for the return costs, within fourteen (14) days from receipt by DERMALIGHTS of the refund request.
The Product must be returned in perfect condition, blister-packed and unused. The Consumer Customer may find below a standard withdrawal form for an order placed on the Site, to be sent to DERMALIGHTS. It is understood that the Customer shall bear the cost of returning the Product in the event of retraction.
It is recommended to the Customer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the Vendor, it will not be possible to launch an investigation with the postal services in order to ask them to locate the package.
The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Vendor using another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that it has dispatched the Product, if such demonstration has not previously taken place.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
(Please complete and return this form only if you wish to withdraw from the contract).
FOR THE ATTENTION OF :
OVERBYING SA - Rue de la Grotte 6, c/o DYN SA - 1003 Lausanne
I / We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:
Order number :
Last name / First name :
Telephone number :
Email address :
Postal address :
Reason for complaint :
- Exchange* (mention the desired product)
- Reimbursement* (attach a complete RIB with IBAN and BIC mentioned)
Signature of the Customer(s) (only if this form is notified on paper) :
(*) Delete as appropriate.
Article 8 - Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arises in accordance with Article 2232 of the Civil Code.
All the articles acquired on this site benefit from the following legal guarantees provided by the Civil Code;
Legal guarantee of conformity
The Seller is obliged to deliver goods that comply with the contract concluded with the Consumer Customer and to be liable for any defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product.
On the other hand, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
"In the event of a lack of conformity, the purchaser may choose between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
Legal guarantee against hidden defects
In case of non-conformity of a delivered Product, it may be returned to the Seller who will proceed to its exchange. In the event of impossibility of exchange of the Product (obsolete Product, out-of-stock condition, etc.) the Customer will be refunded by cheque or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Vendor.
Article 9 - Customer Service
The customer service department of the present Site is accessible by e-mail at the following address: email@example.com, by form or by post at the address indicated in the legal notices.
Article 10 - Liability
The Seller DERMALIGHTS shall not be held liable for the non-performance of the concluded contract due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall not be liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise.
The choice and purchase of a Product or Service are placed under the sole responsibility of the Customer. The total or partial impossibility to use the Products, in particular due to incompatibility of the equipment, may not give rise to any compensation, reimbursement or questioning of the Vendor's liability, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows for withdrawal, in accordance with article L 121-21 of the Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. In any event, DERMALIGHTS shall in no case be held liable:
- for any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data which may result from the use of the Site, or on the contrary from the impossibility of its use;
- a malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the use of a browser little used by the Customer;
- the content of advertisements and other external links or sources accessible by the Clients from the Site.
The Seller may not be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 11 - Intellectual property rights
All the elements of this Site belong to the Vendor or to a third party agent, or are used by the Vendor with the authorisation of their owners.
Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this enumeration being restrictive, is strictly prohibited and is tantamount to counterfeiting.
Any Customer who is guilty of counterfeiting is liable to have his account deleted without notice or compensation and without this deletion can not constitute a damage, without prejudice to possible subsequent legal action against him, at the initiative of the Seller or his agent.
The present Site uses elements (images, photographs, content) for which the credits go to: fotolia.
The trademarks and logos contained in the Site may be registered by DERMALIGHTS, or possibly by one of its partners. Any person making their representations, reproductions, imbrications, broadcasts and rebroadcasts shall incur the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 - Independence of the clauses
If any provision of the TOS is deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sub-licensable by the Customer itself.
A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings in connection with the GTC. The parties agree that all correspondence relating to these GTCs must be written in the English language.
Article 13 - Applicable law and mediation
These GTC are governed by and subject to US law.
Except in the case of public policy provisions, any disputes that may arise in the context of the execution of these GCS may, before any legal action is taken, be submitted to the Site Publisher for an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits open for taking legal action. Unless otherwise provided, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the jurisdiction of the place of residence of the plaintiff.
GUARANTEE of the documents :
The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a failure caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved - 02 February 2020