Terms of sale
The company LABORATOIRES CEORA (hereinafter “our society"), a simplified joint-stock company with capital of 364,000 Euros, whose registered office is located at 4, rue de Marivaux in Paris (75002), registered with the Paris Trade and Companies Register under number 793 287 889, offers the sale of care products and everyday products (hereinafter the “Product(s)”) on its website www.drsmith-fr.myshopify.com (hereinafter the “ Site”) to customers who are adults and have the capacity to contract (hereinafter the “ Client(s)»).
These general conditions of sale govern the contractual relations between our Company and its Customers relating to the sale of the Products.
Any order of a Product from our Company implies the Customer's unreserved acceptance of these general conditions of sale. As such, the Customer declares to have read these and to have accepted them by checking the box provided for this purpose when ordering online.
These general conditions of sale may be subject to subsequent modifications. The version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.
1. Product Features and Details
The details and characteristics of the Products offered by our Company can be consulted on the Site.
Each Product is presented in the form of a product sheet containing a description of it (format, description, advice for use, composition) as well as its price.
The Customer acknowledges having read all of these elements prior to any order, so that he declares himself fully informed of the nature and specific characteristics of the Products he wishes to acquire. On the basis of the elements thus made available to him, the Customer is solely responsible for his purchase.
2. Access to the Site – Creation of an account
The Customer navigates freely on the Site.
He can, if he wishes, create a personal account on the Site when placing an order.
For the creation of this account, the Customer must specify his surname, first name and email address.
The Customer creates the password chosen for access to the account.
After validation, the Customer receives an e-mail confirming the creation of his personal account and indicating his identifier allowing him to access said account.
The Customer undertakes to keep his username and password secret and not to disclose them to any third party. He is solely responsible for access to his personal account using his username and password, unless there is proof of fraudulent use which is not attributable to him.
In the event of loss, misappropriation or fraudulent use of his username and/or password, he undertakes to immediately notify the sales department of our Company.
Orders for Product(s) are recorded via the Internet on the Site.
They are carried out as follows:
- Selection by the Customer of the Product(s) ordered,
- Access to the order via the "Your basket" tab,
- Validation of the order by a first "click" made by the Customer,
- Information by the Customer of the data necessary for the processing of the order and the delivery, or if he wishes, connection to his personal account,
- Acceptance by the Customer of these general conditions of sale,
- Selection by the Customer of the shipping method,
- Information by the Customer of the data necessary for secure payment,
- Validation of payment by a second "click" made by the Customer.
Our Company sends the Customer an order confirmation email containing the details and characteristics of the Product(s) ordered, the price and payment terms, as well as the delivery terms.
When the Customer has created a personal account on the Site, he can also access the elements of his order in the "ORDERS" section of said account.
It is further specified that the Customer is solely responsible for:
- the accuracy of the information he communicates when ordering (surname, first name, contact details, delivery address, etc.) and the resulting consequences (delay, impossibility or error of delivery, etc.). In the event of an error or inaccuracy, all the costs incurred by our Company, in particular for the reshipment of the order, will be entirely the responsibility of the Customer;
- the choice of the Product(s) subject to his order and the resulting consequences (incompatibility, unsuitability, etc.).
Any order is placed under the resolutive condition of both the availability of the Product and the receipt of payment from the Customer by our Company.
4. Prices and terms of payment
The prices are those indicated on the Product sheets appearing on the Site.
They are in euros, all taxes included, excluding delivery costs, these appearing in the summary of the order.
4.2 Methods of payment
The price of the Products is payable in full when ordering, by Paypal or credit card, it being specified that a secure payment system has been set up on the Site.
As soon as the order is validated, a confirmation email accompanied by the invoice is sent to the Customer, it being specified that only orders for which payment has been accepted are considered firm. Consequently, an order can only be definitively validated after full settlement and acceptance of payment by the Customer's bank.
In the event of non-payment or erroneous or incomplete information in the order, our Company reserves the right to cancel it, without notice or compensation for any reason whatsoever.
The Products are available for delivery in metropolitan France.
Delivery costs are billed to the Customer at the rate indicated when ordering.
The products are delivered to the address indicated by the Customer when ordering.
The delivery period begins to run from the day the order becomes firm and final.
The time generally observed for the delivery of the Products in metropolitan France is 48-72h from dispatch.
Our Company undertakes to make its best efforts to deliver the Product(s) ordered by the Customer within the above deadlines. However, these are provided for information only.
Except in special cases or unavailability of one or more Products, the Products ordered in the same order are delivered in one go.
In any case, the delivery of the Products ordered assumes that the Customer has paid the entire order.
As of delivery, the Customer is solely responsible for the conservation of the Product(s) ordered. Loss, theft and/or damage after delivery cannot therefore give rise to any refund or compensation from our Company.
The Products sold by our Company benefit from the legal guarantee against hidden defects defined in articles 1641 and following of the Civil Code and the legal guarantee of conformity under the conditions provided for in article L. 217-4 and following of the Consumer Code. .
Our Company is liable for defects in the conformity of the Product with the contract under the conditions of Article L. 217-4 of the Consumer Code.
Thus, our Company is required to deliver a Product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, when it is charged to it.
As such, the Customer, when acting as a legal guarantee of conformity:
- benefits from a period of two years from the delivery of the goods to act, in accordance with Article L. 217-7 of the Consumer Code;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Any claim under the guarantees referred to above must be submitted to our Company by registered letter with acknowledgment of receipt, justifying the reality and nature of the defects observed.
The disputed Products must be kept by the Customer in such a way that they are not altered.
Any return of a Product is subject to the prior agreement of our Company and compliance with its procedures and instructions for reshipment.
7. Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from the delivery of the Product(s) ordered to exercise his right of withdrawal from our Company.
The Customer may exercise his right of withdrawal by informing our Company of his decision to withdraw by sending, before the expiry of the period mentioned above, the withdrawal form appearing in the appendix to these general conditions or any other declaration devoid of ambiguity expressing its desire to retract.
When the right of withdrawal referred to above is exercised and if one or more Products have already been delivered to the Customer, the latter returns it or them to our Company, at the latest within fourteen (14) days following the communication of its decision to withdraw. The Customer bears the costs relating to the return of the Products.
Returns of Product(s) must imperatively be made in their original and complete condition (packaging, etc.). Damaged or incomplete Products are not taken back.
Our Company shall refund the sums paid by the Customer no later than fourteen (14) days from receipt of the returned Product(s), or from the date on which it is informed of the decision to withdraw when 'no delivery has been made. This refund is made using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees that another means of payment be used.
8. Intellectual Property
Any total or partial reproduction of the Site for other than private use is strictly prohibited.
The same applies to the texts, comments, works, illustrations and images contained in the Site, in accordance with the provisions of the Intellectual Property Code, as well as the international conventions in force.
9. Protection of personal data
As part of the order of Products, our Company may collect personal data relating to the Customer.
To this end, our Company undertakes to comply with the applicable regulations on the protection of personal data, namely:
- Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, dated 27 April 2016 applicable since May 25, 2018,
- Law n ° 78-17 relating to data processing, files and freedoms dated January 6, 1978, modified by law n ° 2018-493 of June 20, 2018 relating to the protection of personal data.
To find out more about the management of your data and your rights.
Our Company has a "professional civil liability" insurance policy with a reputable and notoriously solvent company. It is however specified that the responsibility of our Company is expressly subordinated to the perfect respect of the obligations of the Customer, in particular with regard to the payment of the price.
11. Access to the Site and links
Given the specificities of the Internet network, our Company cannot offer any guarantee of continuity of access to the Site, being bound in this respect only by an obligation of means.
The responsibility of our Company cannot therefore be engaged in the event of damage related to the impossibility of accessing the Site, due in particular to a malfunction or saturation of the networks.
Our Company disclaims all responsibility for the content of sites published by third parties that the Customer may consult from links on the Site, as well as for the information and services disseminated by these links.
Consequently, it is up to the Customer to take all necessary precautions and protective measures when using these links.
12. Complaints - Disputes
All requests for information and/or complaints can be submitted to our Company:
- by post addressed to the head office: 4, rue de Marivaux, 75002 PARIS,
- by e-mail addressed to the following address firstname.lastname@example.org,
- by phone on 01 41 05 45 62.
All relations between our Company and its Customers are governed by French law.
Any disputes or difficulties as well as, more generally, any disputes with Customers relating to the interpretation or execution of these general conditions of sale will be submitted to the competent courts under the conditions of common law.
In accordance with Article L.612-1 of the Consumer Code, our Company offers the Customer a mediation service for consumer disputes related to the supply of the Products offered, the contact details of which are as follows:
The FEVAD e-commerce mediator service
60 rue la Boétie
13. Miscellaneous provisions
13.1. The fact that any of these conditions is not invoked at a given time cannot be interpreted as a waiver to enforce them.
13.2. In the event that any of these conditions is declared null or contrary to a provision of public order, it will be deemed unwritten and the other stipulations will remain in force.
13.3. In the event of any discrepancy between these general conditions and the special conditions agreed between the parties when ordering, the latter shall prevail.
REPRODUCTION OF THE FULL TEXT OF ARTICLES L.217-4, L217-5, L217-12 and L217-16 OF THE CONSUMER CODE
« Art. L217-4 : The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Art. L.217-5 : The good is in conformity with the contract :
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Art. L.217-12 : The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. L.217-16 : When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
REPRODUCTION OF THE FULL TEXT OF ARTICLES 1641 AND 1648, PARAGRAPH 1 OF THE CIVIL CODE
« Art. 1641 : The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Art. 1648, paragraph 1 : The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Annex: Withdrawal form: to be reproduced or sent to the company LABORATOIRES CEORA, at the following address: 4, rue de Marivaux 75002 PARIS
For the attention of LABORATOIRES CEORA
I [Last name, first name, address of the customer]:
Hereby notifies you of my withdrawal from the contract relating to the sale of [specify the Product(s) ordered]:
- ordered on: [date of order]
- order number: [number provided in the order confirmation sent to the customer]
Signature of the customer: