Terms and conditions
These General Conditions of Sale apply to orders placed on the site www.endomyskin.com.
The products sold on the Endomyskin site are not sold as a medical recommendation. They have not been tested to treat or cure any disease. Articles and reviews are the sole responsibility of their respective authors.
The Endomyskin site specializes in selling products that can help women with endometriosis.
Definition
The Service concerns any service offered online by the Seller and for which the buyer has placed an order.
The Buyer is any person who has the legal capacity to make a purchase on an online site.
The Seller is the person responsible for sales on the site www.endomyskin.com
Article 1: Use of the site
The Site’s function is to assist the Internet user in researching and choosing the services offered, to enable them to purchase the services of their choice. The Internet user must be legally capable of contracting and using the “Endomyskin” site in accordance with these General Conditions of Sale.
Except in the event of fraud, the proof of which is your responsibility), you are financially responsible for your actions on the Site, in particular for the use that will be made of your username and password. You also guarantee the veracity and accuracy of the personal information provided on the Site. Use of the Site which would be fraudulent, or which would contravene these General Terms and Conditions of Sale, will justify your being refused, at any time, access to the services offered by www.Endomyskin.com.
Article 2: Fields of application
The sales concluded on the www.Endomyskin.com website are exclusively governed by these general conditions of sale. All other documents such as the prospectuses, catalogues, documentations emanating from the salesman are excluded, they are only given to for information purposes and are only indicative. These general conditions of sale apply only to the services mentioned in the preamble hereof.
The fact of placing an order with the seller implies the Buyer’s unreserved acceptance of these general conditions of sale, despite any stipulation to the contrary appearing on the buyer’s order forms or on his general conditions of purchase or on any other document from the Purchaser. No other condition whatsoever may, except with prior formal and written acceptance by the seller, prevail over these general conditions of sale. Otherwise, it will be unenforceable against the seller, regardless of when it may have been brought to their attention.
The Seller and the Buyer agree that these general conditions exclusively govern their relationship. The Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
Article 3: Object
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of the Services offered by the Seller to the Buyer.
Article 4: Order
The Buyer must be at least 18 years old to order.
The Purchaser must place an order online, for the order to be validated, he must accept, by clicking in the place indicated, these general conditions of sale. Any order will therefore constitute firm acceptance of all of these general conditions of sale.
All orders attest to the acceptance of the prices and descriptions of the Services. Any dispute on this point must be made to the buyer under the conditions mentioned below.
Article 5: Information on products and services
The site declines all responsibility if the product is not used as recommended on the site, for example in the event of modification of the product or in the event of misuse of the product.
The product is delivered in a sealed package, the site declines any use or misuse of these packages, for example in the event of the transport of an illegal product.
Article L3421-4: the sale or advertising of narcotic products is punishable by 5 years’ imprisonment and a fine of € 75,000.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions of such a nature as to profoundly modify what could normally be expected from the Service or the service described may have occurred with regard to this presentation, the Seller’s liability will be exclusively limited to a refund.
Article 6: Delivery – terms – deadlines
The products are delivered to the delivery address the buyer provided during the ordering process and you will therefore need to verify their accuracy.
When receiving your package, please check the condition of the goods transported and not the packaging in the presence of the delivery person and systematically apply specific reservations to the receipt: shock, dent, scratches on the product concerned and refuse it. Without these reservations precisely describing the damage, we will not be able to file a claim with the carrier.
If the delivery person or the counter refuses to check the content:
– Either you refuse the package
– Or you indicate that you have been refused the possibility of checking the contents of the package on the receipt. Therefore, any complaint related to the condition of the products delivered cannot be received and any return will be the responsibility of the customer. We will accept exchange for the product, but you will be responsible for the return at your own expense.
Any package returned to Endomyskin because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.
If the customer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox which will allow the package to be collected from the location during the times indicated.
We deliver free of charge throughout Europe for any order over € 50.
We offer the following delivery options: See delivery options
The sales contract will be concluded between the Seller and the Buyer once the Buyer has paid for the Service ordered and accepted these general conditions of sale.
If the 4-week delivery deadline is exceeded, except in cases of force majeure, the Customer may request the termination of the contract by registered letter.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of the Seller under reasonable security conditions, will be considered as proof of communications, contracts and payments between the parties. The archiving of contracts and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Non-compliance
As soon as the Buyer considers that the Service does not comply with the description presented in these general conditions of sale, he must inform the Seller by e-mail within 24 months from the completion of the Benefit. The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. No contentious action may be taken by the Buyer without having attempted to find a method of prior conciliation with the Seller. After this period, no complaint for non-conformity will be accepted by the Seller and the Service will be considered as validly delivered.
It is up to the Purchaser to provide any justification as to the reality of the observed non-conformity. Non-compliance of the service will be analyzed exclusively on the basis of the criteria developed on the site for the Service ordered and according to purely objective criteria. The Seller’s obligations described in Article 9 are obligations of means and the Buyer cannot legitimately dispute the Service for criteria other than objective. The Buyer may not require a service different from that for which he has ordered.
It must precisely describe how the Service provided does not comply with the description referred to in these general conditions of sale.
In the event that the Purchaser justifies specific damage resulting from the non-compliance of the Service, any compensation to the Purchaser will be limited to the value of the Service ordered.
Article 9: Obligations of the Seller and the Buyer:
The Buyer agrees to pay for his order within a maximum of 8 days after placing an order on the site.
The Buyer further agrees, after placing an order, to send the documents requested by the Seller so that the Seller can perform a personalized Service. The photos requested by the Buyer must be of good quality and the answers to the questions requested by the Seller from the Buyer sufficiently detailed to allow the Seller to be able to carry out their Service according to clear and precise information.
The Seller undertakes to provide a Service in accordance with that described in the Buyer’s order. This obligation is an obligation of means.
Article 10: Method of payment
To pay for their order, the Buyer has the choice of all the payment methods made available to them by the seller on the site www.Endomyskin.com. The Buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. In particular, the Seller reserves the right to refuse to honor its Service for an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
The online payment method is offered, namely:
Credit card: The buyer is redirected to the payment platform.
The Seller must pay the entire order immediately by one of the payment methods mentioned above in this article.
In addition, any payment must be settled in euros, if it should be settled in another currency, the conversion costs will be borne by the Buyer.
Article 11: Price – conditions and payment
The Services are sold at the price in force on the day of the order. The price of the Service is VAT included, the prices indicated are inclusive of all taxes.
Prices are in euros. The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order.
If one or more taxes or contributions, were to be created or modified, up or down, this change may be reflected in the selling price of the products.
Article 12: Delay or default of payment
In the absence of payment by the due date referred to in Article 10 above, the Seller reserves the right to terminate the sales contract and therefore not to provide the Service.
Article 13: Invoicing
Each order corresponds to an invoice. The invoice date is the date on which the order was placed. This invoice includes all the information provided for in article L441-3 of the French Commercial Code (the name of the parties as well as their address, the date of the service provided, the precise description of the service and the unit price excluding VAT. the invoice also mentions the date on which payment must be made. It specifies the discount conditions applicable in the event of deferred payment, the rate of penalties payable in the event of late payment. It is the customer’s responsibility to request a copy of the invoice. (purchase Payment is deemed to have been made on the date on which the funds are made available to the beneficiary by the client).
Article 14: Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in 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.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable possible efforts, will be considered as force majeure. Expressly, are considered as 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 shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The Parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.
Article 15: Right of withdrawal
In accordance with the provisions of Article L221-18 of the Consumer Code, the Buyer has a period of 14 calendar days to exercise his right of withdrawal, without having to justify a reason or bear penalties. This period starts from the receipt of the goods. This right of withdrawal can only be exercised if the Sale Service has not been carried out, even partially.
Article 16: Non-waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these general conditions, cannot be interpreted for the future as a waiver of the obligation in question.
Article 17: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity. strength and scope.
Article 18: Intellectual property:
La marque, le logo du site et la charte graphique du Site sont la propriété exclusive de Endomyskin. Toute utilisation ou reproduction, même partielle, non autorisée, est strictement interdite. Tout contrevenant sera poursuivi devant les juridictions compétentes.
Le contenu du site internet Endomyskin est la propriété du Vendeur et de ses partenaires et est protégé par les lois françaises et internationales relatives à la propriété intellectuelle.
Toute reproduction totale ou partielle de ce contenu est strictement interdite et est susceptible de constituer un délit de contrefaçon.
Article 19: Protection of personal data
The information requested from you is necessary to process and execute your requests and also useful to improve the services that may be offered on the site.
The processing of your personal data is carried out in accordance with the provisions of the law of January 6, 1978 relating to computers, files and freedoms. You thus have the right to access and rectify your personal data. You just need to contact Endomyskin.
Article 20 : Cookies
Browsing the www.Endomyskin.com site may cause cookies to be installed on the user’s computer. A cookie is a small file, which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance. By browsing the Seller’s site, the Buyer accepts the use of Cookies.
Article 21: applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as well as for the formal rules. In the event of a dispute or complaint, the Buyer will first contact the Seller to obtain an amicable solution.
These 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 will prevail in the event of a dispute.
Article 22: The Newsletter
After the creation of a new account, the customer will be likely to receive newsletters from the Endomyskin site. If the customer does not wish to receive emails, he has the option of unsubscribing from the newsletter.
Article 23: Mediation
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity retained is: SAS CNPM – MEDIATION – CONSUMPTION. In the event of a dispute, the consumer may file his complaint on the site: https://www.cnpm-mediation-consommation.eu
Article 24: Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-7 of the Consumer Code: “The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
Article L.211-5 of the Consumer Code:
“To be in conformity with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar product and, if applicable:
– correspond to the description given by the seller and have the qualities that they presented to the buyer in the form of a sample or model;
– have 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “
Article 1641 of the Civil Code: “The seller is bound by the guarantee for the hidden defects of the item sold which makes it unfit for the use for which it is intended. “
Any Product resold altered, modified or transformed is not covered by the warranty.
