RCS de PARIS : 830 693 180
Siret : 830 693 180 00010
N° DE T.V.A. INTRACOMM. : FR75 830 693 180
Article 1. Terms and Conditions Acceptance
1.1 Conditions : The conditions stipulated below constitute the legal basis for the relationship with our customers.
The present general conditions express the entirety of the obligations of the parties.
The purchaser is therefore deemed to accept them without reservation.
These general terms and conditions apply to the exclusion of all other conditions.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
Any contrary condition set by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to his attention. The fact that the seller does not invoke any one of these general terms and conditions of sale at a given time cannot be interpreted as a waiver of the right to invoke any one of the said terms and conditions at a later date.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
1.2 Content: The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and training courses offered by the seller to the buyer, from the website www.pink-matters.com.
The present conditions only concern purchases made by buyers located in Europe and delivered exclusively on European territory. For any delivery outside Europe, please send a message to email@example.com.
The buyer declares to have read and accepted the present general conditions of sale before his immediate purchase or the placing of his order. In this respect, they are opposable to him in accordance with the terms of Article 1119 of the Code Civil.
1.3 Health professionals
The products offered for sale by the company PINK MATTERS are intended to be purchased by health professionals within the meaning of articles L4111-1 to L4163-10, articles L4211-1 to L4252-3, articles L4311-1 to L4394-3 of the Public Health Code and by non-professionals.
A health professional is any person who practices a medical profession, a profession related to pharmacy or as a medical auxiliary. The same applies to dental surgery students within the limits of the authorized equipment and the classes of products authorized to be sold.
Article 2. Order
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the consumer code.
The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the good or service ;
- the price of the good or service;
The buyer has the possibility of placing his order online, from the online catalog and by means of the form contained therein, for any product, within the limits of available stocks.
The benefit of the order is personal to the buyer and cannot be transferred without the agreement of the seller.
2.1. Pictures of the site: There may be non-contractual photos on the website. Indeed, the photographed products may be subject to change without the website being immediately updated.
2.2 Placing an order: The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there for any product within the limits of available stocks.
In case of unavailability of a product ordered, the buyer will be informed by e-mail.
For the order to be validated, the buyer will have to accept, by clicking at the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final:
- after the sending to the buyer of the confirmation of acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any disagreement on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order of this product and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must send an e-mail to firstname.lastname@example.org.
2.3 Modification of the order: When the order concerns a personalized good in the name of the purchaser, there will be no possibility of exchange or retraction.
Article 3. Prices
3.1 The company PINK MATTERS reserves the right to modify its prices in force indicated at the time of the order, at any time and without notice, according to the fluctuations of the prices of the suppliers, the currencies or the manufacturing parts but the products will be invoiced on the basis of the prices in force at the time of the recording of the orders.
The company PINK MATTERS reserves the right to correct at any time and without preliminary information the errors of price or quantity appearing on the Internet site.
The prices of the site are indicated in Euros all taxes included (TTC), except delivery charges.
They are applicable at the time of the validation of the order by the consumer and do not include the participation in the shipping costs, which are invoiced in addition.
The prices of our products are subject to French VAT and any change in the legal rate of this VAT will be implicitly reflected in the price of the products, on the date stipulated by the decree of application referring to it.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the products.
Intra-community VAT: FR75 830 693 180
3.2. The company PINK MATTERS cannot be held responsible for stock shortages of suppliers.
Article 4. Rules
The orders carried out on the Internet site of PINK MATTERS are orders with obligation of payment. The placing of order implies a payment by the purchaser.
The price invoiced to the customer is the price indicated on the confirmation of order addressed by the company PINK MATTERS.
The sales are concluded with reservation of ownership. The transfer of ownership only occurs after full payment of the price.
4.1 Payment is made by credit card via a bank server in a secure environment. It is carried out during the validation of the order.
The payments made by the buyer will be considered final only after effective collection of the sums due by the seller.
Only payment by credit card is possible.
The buyer guarantees the seller that he has the authorizations possibly necessary to use this method of payment, during the validation of the order form.
4.2 The seller reserves the right to suspend any order management and any delivery in the event of refusal to authorize payment by credit card by the officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
Payments may not be suspended or be subject to compensation without the prior written consent of the seller.
Any partial payment will first be charged to the sums that are the oldest due.
4.3 If no payment has been made within 48 hours / 96 hours, the seller may send a formal notice to pay to the buyer.
If the formal notice remains unsuccessful, the sale will be carried out as of right and the seller may ask in court for the restitution of the products, late payment penalties, reimbursement of the sums due and any other damages.
In this case, the other orders in progress will be subject to cancellation.
4.4 In the event of failure to meet the agreed delivery date or deadline, the Buyer shall, before terminating the contract, require the Seller to perform the contract within a reasonable additional period of time.
If the Buyer fails to do so after the expiry of this additional period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered as resolved upon receipt by the seller of the letter or writing informing it of this resolution, unless the seller has executed the contract in the meantime.
However, the Buyer may terminate the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for the Buyer.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 5 : Delivery
Delivery times are given as an indication only.
5.1 Deliveries are made by the Post Office or by carrier to the address provided by the buyer.
The delivery is made directly to the buyer at the address indicated in the form.
In case of partial delivery, the shipping costs will not be re-invoiced.
5.2 The goods travel at the risk of the customer. The company PINK MATTERS cannot be held responsible for damaged packages.
In the event of damaged parcel, of apparent defect, it is advisable to make reserves on the slip of the conveyor, in writing in R.A.R (registered with acknowledgement of receipt). and to report it to us in the 48 hours.
It will be up to the customer to provide any proof relating to his complaint.
5.3 Postage and handling charges: Postage and handling charges are calculated according to the delivery zone.
Free shipping from 250 € HT in France and from 350 € HT in Europe
The shipping costs will be automatically displayed at the time of the order depending on the products ordered and the destination of the order.
For deliveries outside metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duties, value added tax, and any other taxes due under the laws of the country where the order is received.
5.4 Error of delivery: The buyer shall make to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made by email at email@example.com.
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging.
5.5 Returns: If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery.
Any claim made outside this time limit will not be accepted.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted. In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the delivery costs are reimbursed.
5.6 - Employees of the service provider: By virtue of the hierarchical and disciplinary authority that it exercises exclusively over its employees, the latter will remain under the effective control of the service provider during the complete execution of the services.
In the event of intervention on the purchaser's premises, the service provider undertakes to comply with the health and safety obligations of which the purchaser will communicate the content to the service provider, provided that its personnel is granted the same protection as that granted to the service provider's employees.
The service provider guarantees the regularity of the situation of its personnel with regard to articles L. 1221-10 et seq. and L. 3243-1 et seq. of the Labor Code. The provider further certifies that it complies with the provisions of Articles L. 8221-1 and L. 8221-2 of the French Labor Code, relating to the fight against concealed work, as well as with the provisions of Book III, Title IV of the French Labor Code.
For the duration of the services and for a period of one year after its completion, the purchaser undertakes not to solicit or attempt to poach (or help any other person to solicit or attempt to poach) any employee of the service provider with whom it will have had contact in the course of the performance of the services. In case of violation, the purchaser will be liable to the provider, as a penalty clause, for an indemnity equal to one year of the last gross salary of the person thus debauched.
Article 6. Right of withdrawal
The purchaser being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided by the Consumer Code
Article 7. Disputes
7.1. This contract is subject to French law. French law and French juridictions are competent.
The company PINK MATTERS cannot be held responsible for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of the products marketed. It is the same for the possible PINK MATTERS modifications of the products resulting from the manufacturers. The responsibility of the company PINK MATTERS will be, in any event, limited to the amount of the order and could not be questioned for simple errors or omissions which could have remained in spite of all the precautions taken in the presentation of the products.
In the event of dispute, the customer will address by priority to the company PINK MATTERS to obtain an amicable solution.
In the event of dispute relating to the formation or the execution of the contract, the Commercial Court of Paris is only qualified, whatever the place of delivery and the method of payment accepted.
7.2 Language of the contract : The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
7.3 Independence and conflict of interest: In the event that a conflict of interest or a problem of independence would arise during the execution of the services, the service provider will immediately inform the purchaser and will seek with him the solution best suited to the situation in compliance with the applicable rules. In particular, if a change in regulations or professional standards would prohibit the Provider from continuing its services, the Provider shall make available to the Purchaser the result of the services as well as all documents necessary for their completion, including its Documents as they stand, in order to facilitate their continuation by a third party.
Article 8. Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties' obligations and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of certain businesses due to a containment required by the public authorities, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 9. Guarantee
The company PINK MATTERS guarantees that all selected products are manufactured or produced in accordance with European standards.
The company PINK MATTERS grants the manufacturer's warranty on the equipment.
The responsibility for the company PINK MATTERS is systematically limited to the value of the product in question, value at its date of sale and this, without possibility of recourse towards the mark or the producing company of the product.
The defects and deteriorations caused by an external accident (abnormal use...) or by a modification of the product neither envisaged nor specified by the salesman, are excluded from the guarantee.
Consumable products (e.g. surgical drapes, candles, brushes, mouth perfumes) are not covered by the warranty.
The buyer is expressly informed that the seller is not the producer of the products presented within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.
Article 10: Information and publicity
10.1 Confidential Information: Each party agrees not to disclose confidential information received from the other party.
Confidential information means information of any kind, whether visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each of the parties. Subject to the exceptions set out below, this obligation of confidentiality will remain in effect for a period of 5 years following the end of the services.
The content of the services as well as the reports, letters, information, notes and estimates provided by the Provider during the execution of the services are also confidential. These documents are communicated to the purchaser for strictly internal use and on the condition that they are not disclosed to third parties or attached to a document that the purchaser may be asked to produce. If the buyer wishes all or part of these documents to be disclosed to and/or used by a third party, it must request prior written authorization from the seller. Terms and conditions applicable to such disclosure will then be set.
10.2 Excluded Information: The obligations and restrictions set out above do not apply :
- confidential information that belongs to the public domain, or was freely acquired before the start of the service;
- information that is or becomes known otherwise than as a result of a violation of this Article;
- information that is or becomes known through other sources that are not subject to a disclosure restriction;
- information that is required to be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.
Subject to its obligations of confidentiality, the Provider reserves the right to perform services for companies competing with the Purchaser's company.
10.3 Other Obligations : The purchaser acknowledges and accepts :
- that the parties may, unless otherwise expressly requested by the other party, correspond or transfer documents by electronic mail circulating on the Internet network ;
- that neither party has control over the capacity, reliability, access or security of such e-mails;
- that the Provider shall not be liable for any loss, damage, costs or injury caused by the loss, delay, interception, hijacking or alteration of any e-mail caused by any event. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of January 6, 1978 relating to computers, files and freedoms.
Article 11. Intellectual Property
The seller is the owner and/or licensee of the PINK MATTERS trademark for the classes of products sold online, and cannot grant to anyone the slightest license, the slightest dismemberment of ownership or the slightest authorization to use the distinctive signs used by him/her in the context of the present contract.
In the event that one of the seller's recommendations or the use of elements delivered following one of its recommendations would also involve the use of goods, models, drawings, photographs, etc. that are the subject of intellectual property rights belonging to third parties, the seller will inform the buyer of the existence of these rights and the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating for his own account the rights of use under conditions such that the seller is able to take advantage of them for the needs of the services.
For the purposes of the Services, the Provider may use or develop software, including spreadsheets, documents, databases and other computer tools.
In certain cases, these aids may be made available to the purchaser on request. Insofar as these tools have been developed specifically for the needs of the Seller and without consideration of the Buyer's own needs, they shall be made available to the Buyer during the term of the contract in their present state and without any guarantee attached, for use only; they may not be distributed, shared or communicated to third parties either in whole or in part. This temporary availability will not entail any transfer of rights or guarantees, whatever the title, to the benefit of the purchaser or the third party.
The company PINK MATTERS reserves all right, title and interest on :
- the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, etc. carried out within the framework of the services, including in a non-limitative way, any copyright, registered trademark and any other intellectual property right relating to it and ;
- all methods, processes, techniques, developments, and know-how whether or not incorporated into the Services or that the Provider may develop or provide as part of the Services.
The buyer may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by the seller and integrated into its work. The purchaser is prohibited from distributing, marketing, and more generally from making available or conceding the use of these same achievements and more generally from conceding the use of these same elements to third parties without the agreement of the seller.
Neither party may mention or use the name, denomination, trademarks and logos or other designations, commercial or not, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, the service provider may use the name, denomination, trademarks and logos of the purchaser during the course of the contract to the extent strictly necessary for the performance of the services, including in proposals for subsequent services. In addition, the purchaser authorizes the service provider, at the end of the performance of the services, to cite its name/denomination as a reference and to accompany this citation, if necessary, with a generic description of the services performed.
Article 12 - Legal information
The personal information collected for the purposes of distance selling is mandatory, this information being essential for processing and routing of orders, and for the establishment of invoices. The lack of information leads to the non-validation of the order.
The customer has (article 34 of the law of January 6, 1978) a right of access, modification, correction and suppression of the data which concern him, which he can exert near the company PINK MATTERS.
The customer must send his request by email to the address firstname.lastname@example.org.
APPENDIX: RETRACTION FORM
This letter must be sent by registered letter with acknowledgement of receipt.
For the attention of the company PINK MATTERS - 179, rue de la Croix Nivert 75015 PARIS.
I hereby notify you of my withdrawal from the contract concerning ..... (indicate whether it is a sale of goods or a provision of services) below :
Ordered on: ..... (to be completed)
Received on: ..... (to be completed)
Consumer's name: ..... (to be completed)
Consumer address: ..... (to be completed)
Consumer signature .....
Date: ..... (to be completed)