These general conditions of sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the parties.
In case of contradiction between these documents, the general conditions of sale will prevail.
Any order of a Product offered on the Site implies consultation and express acceptance of these general conditions of sale. The validation of the purchase order as mentioned in article 6.2. constitutes an electronic signature which has, between ENDOLIA PHARMA and the Customer, the same value as a handwritten signature and is proof of the completeness of the order and of the payment of the sums due in execution of the said order.
- PRODUCTS :
Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale.
Product offers are valid within the limits of available stocks. In the event of unavailability of one of the Products, the Customer will be informed upon receipt by e-mail of the corresponding invoice, as specified in article 6.3.
The Products are intended for the personal use of the Customer, without any direct relationship with the latter's professional activity. As such, the Customer's attention is particularly drawn to the fact that the amount of each order must not exceed the sum of €1,500. The Customer is invited to consult the description of each Product to know its characteristics.
Orders placed via the site imply the unreserved acceptance of these T&Cs. The member declares to have read and accepted the rights and obligations relating thereto.
- PRICE :
The prices are indicated in Euros All Taxes Included, excluding participation in processing and shipping costs (see section Prices and delivery/shipping methods) which will be indicated to the Customer before validation of the order.
The Value Added Tax is that in force on French territory.
Prices are subject to change at any time. The prices applied are those appearing on the Site at the time of the order.
The price of the sale, including the price of the Products and that of the processing and shipping, is that appearing on the summary order form of the first stage of the final validation (article 6.3).
- RETENTION OF OWNERSHIP :
ENDOLIA PHARMA retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
- Computing and Freedom :
Personal information is collected by ENDOLIA PHARMA for the management of the relationship with the Customer.
In accordance with the Data Protection Act 78-17 of January 6, 1978, the Customer has a right of access, rectification and opposition to data concerning him. To exercise this right, the Customer must contact our Customer Service, by email using the contact form.
The Site uses the use of cookies. The cookie is a computer file, stored on the hard disk of the Customer's microcomputer. Its purpose is to indicate a previous visit by the Customer to the Site. Cookies are used by ENDOLIA PHARMA for the sole purpose of personalizing the service offered to the Customer.
The Customer retains the possibility of refusing cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by ENDOLIA PHARMA.
- THE ORDER:
6.1. Registration :
The Customer selects the Products of his choice by clicking on “Add to my basket”
At any time the Customer can:
- check the number and details of the Products contained in his basket, indicated under the icon "My basket"
- continue his selection of Products by clicking on the "Continue shopping" button
- complete his order by clicking on the "Order" button.
The Customer, who already has an account, must identify himself by entering his email address and password.
To create an account, the new Customer must complete the form made available to him, on which he will include the information necessary for his identification, including his email address and a password of his choice (personal and confidential) which will be used later. to identify themselves on the Site.
The Customer is informed and accepts that the entry of these two identifiers is proof of his identity, it being specified that an email address is assigned to a single account.
After having read the Order and after having provided all the information requested, the Customer, to access the following page, must read the general conditions of sale and accept them, which he certifies by ticking the box provided at this effect.
A summary page of the order appears on the screen and mentions: the Customer's billing address
- the delivery address of the Products
- a summary of his order (Products, price and quantity)
- the total amount of the order, and the fixed amount for processing and delivery costs
The Customer can modify the information entered on this page.
6.2. Confirmation of the order :
The Customer clicks on "I validate my order" to confirm his Order.
The validation of the summary order form constitutes an electronic signature. This signature has, between ENDOLIA PHARMA and the Customer, the same value as a handwritten signature and is proof of the entirety of the Order and the payment of the sums due in execution of the Order.
As soon as he has validated the Order, the Customer becomes a buyer.
ENDOLIA PHARMA may not validate the order, in particular in the following cases:
- total or partial non-payment of a previous order from this Customer
- Client banking incident
- abnormal order, in particular that which would be higher than the thresholds fixed in article 2 of these general conditions.
- In the event of force majeure (article 13)
6.3. Acknowledgment of receipt of the order:
At the end of the payment under the conditions provided for in article 7 below, a summary of the order is sent to the Customer at the email address he has indicated, and at the latest at the time of delivery.
This document is worth acknowledging receipt and includes all the constituent elements of the contract entered into between ENDOLIA PHARMA and the Customer, in particular the exact price invoiced and the delivery methods, as well as a return form (withdrawal slip (article R. 121-1 of the consumer code) to be completed only in case of return of the product.
The order form is recorded in the registers of ENDOLIA PHARMA which are kept on a reliable and durable medium. The Customer accepts that the Order registration systems by ENDOLIA PHARMA serve as proof of the contractual relationship (nature of the contract, date, etc.).
The unavailability of a Product is notified to the Customer at the time of his order.
- PAYMENT :
The amount owed by the Customer is the amount indicated on the summary order form sent to the Customer's email address.
All orders are payable in euros.
The Customer guarantees that he has the necessary authorizations to use the payment method he has chosen, when registering the Order.
7.1. Payment security
For the security of transactions, ENDOLIA PHARMA uses MONETICO Services in the event of payment by credit card.
The Customer's bank details are encrypted on their computer and then transmitted securely to MONETICO. This procedure is managed by S.S.L encryption technology. (Secure Socket Layer) in order to protect the data related to the means of payment as effectively as possible, and so that at no time does the Customer's bank data pass through the Customer's computer system. This is why ENDOLIA PHARMA requests the Customer's data for each new Order.
7.2. Payment terms
In the context of home delivery, the Customer has the option of paying for his Order:
(I) Online payment by Card: Carte Bleue, VISA, E Carte Bleue. In the event of online payment by Card, the Customer is required to provide the type of Payment Card, its Payment Card number, its expiry date and its cryptogram.
It guarantees:
- that he is fully authorized to use the said Card;
- that the Card gives access to sufficient funds to cover all the costs resulting from his Order.
(II) Payment by bank transfer
- (III) Payment by check payable to ENDOLIA PHARMA and to be sent to ENDOLIA PHARMA, 74 boulevard d'Italie, 98000 MONACO.
7.3. Access to the invoice
The Customer's invoice will be available directly on the Site in the "my account" section accessible from the home page. By entering his email address and password, the Customer can print the invoice relating to his Order. The invoice will be sent to his email address no later than 5 working days following the shipment of the Products.
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
7.4. Default of payment
ENDOLIA PHARMA reserves the right to suspend or close the account of a Customer who contravenes the provisions of these General Terms and Conditions of Sale.
ENDOLIA PHARMA notably reserves the right to refuse to make a delivery or to execute an order from a Customer who has not fully paid for a previous Order or with whom a dispute has not been resolved.
- DELIVERY :
ENDOLIA PHARMA promises to deliver its products in metropolitan France. The delivery of the ordered items is made as soon as possible. The delivery time in metropolitan France is 72 hours.
– Delivery to the DOM-TOM: time frame of 5 to 7 days.
– International delivery: time frame of 5 to 8 days depending on the country.
The products will be sent to the delivery address indicated by the buyer during the ordering process. This can be at his home, or at any other address different from the billing address indicated by the buyer.
ENDOLIA PHARMA works in collaboration with La Poste – Colissimo, which allows the buyer to track the delivery of his order in the event of a complaint.
In the event of absence during a Colissimo delivery to the address indicated by the buyer, a delivery notice is normally left in the mailbox, and indicates that the package will be returned the next day. In the event of a new absence during the second visit, a notice will again be left in the mailbox – it is then possible to collect the package from a post office within 10 days of the deposit of this notice.
In case of non-collection by the buyer of his package at the post office, the package will be returned to the company ENDOLIA PHARMA. Customer Service may then contact the buyer for a possible reshipment.
Each delivery is considered to have been made as soon as the products ordered are made available to the buyer, this being able to be verified by the delivery control and monitoring system offered on the La Poste website in the case of a delivery in colissimo.
When shipping an order, ENDOLIA PHARMA notifies the buyer with a Colissimo tracking number.
In accordance with article L.138-4 of the consumer code specifies that all risks of loss or damage to goods are borne by ENDOLIA PHARMA until the consumer takes physical possession of these goods.
"In the event of presentation of a defective or damaged package by the carrier, the customer is informed of his possibility of objecting to a refusal of delivery of the said package".
- RIGHT TO RETRACT :
9.1 Scope of the right of withdrawal
In accordance with article L.121-20 and following of the Consumer Code, any buyer has a period of 14 working days from the date of delivery of his order, to return, without having to justify a reason, any item that does not suit him, in its original packaging, with its original labels, in new condition, suitable for its re-marketing and request a full refund without penalty.
In order to allow the ENDOLIA PHARMA teams to identify you and process the return of your product as well as possible, we invite you to follow the following procedure:
- Click on the “contact us” section Fill in the form.
- Print your invoice from your customer account or from your E-Mail address, print the return form send by E-Mail or upon delivery, duly completed and attach your products in return
- Send your package to the following address:
ENDOLIA PHARMA
SERVICE RETOUR
74 BD D’ITALIE
98000 MONACO
BON DE RETOUR Please complete and return this form for returns only.
Dear (name of client),
You have a period of 14 days from the date of receipt of your order to return one or more items to us.
Return Procedure:
- Products must be returned in their original packaging, in perfect condition.
- Products must be returned to the following address:
ENDOLIA PHARMA, 74 BD D’ITALIE, 98000 MONACO
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on: / Received on:
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
(*) Strike out the useless mention.
Please note: if you do not follow this procedure, your request will be taken into account but, in the event of difficulty in identifying you, its processing may be extended.
The refund is made by crediting the payment card used by the buyer when placing the order. If the buyer has used a deferred debit payment card, this refund will only be effective at the end of the month, or if desired by check.
9.2 Exceptions to the right of withdrawal
For hygiene reasons, products bearing the mark of use and/or soiled products as well as products whose protective caps or seals have been opened, cannot be returned by the buyer.
- Refunds:
Reimbursement of Products, returned under Articles 8 and 9 of these general conditions of sale, will be made in full for the sums paid, as soon as possible and at the latest within 14 days from the date on which you have informed us of the decision of your right to withdraw by the Customer. Reimbursements will be made, on the proposal of ENDOLIA PHARMA, by check or transfer to a bank account.
The return shipping costs remain the responsibility of Mediweb.
- Warranty :
The Products benefit from the legal regime, provided that the conditions of use have been respected.
Article L211-4 of the Consumer Code
The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of its 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.
Article L211-5 of the Consumer Code
To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present 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 present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L211-14 of the Consumer Code
The seller must answer for any lack of conformity of the product for 2 years.
The defects of conformity which appear within 6 months from the delivery of the goods. During the exercise of this legal guarantee of conformity, no costs may be charged to the consumer. The seller must first offer a repair or replacement, and if neither of these solutions is effective within one month from the date of the consumer's complaint, the latter may demand a refund.
LArticle 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold within a period of 2 years from the discovery of the hidden defect which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it or would have given only a lower price if he had known about them. It is up to the consumer to provide proof of the existence of a hidden defect. A partial or total refund can be obtained.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
- Responsibilities
The Products comply with the French legislation in force and the applicable standards in France.
ENDOLIA PHARMA undertakes to make every effort to ensure that the photographic representation of the products on the Site is as faithful as possible to the Products ordered.
ENDOLIA PHARMA cannot be held responsible for loss of data or files. It is the customer's responsibility to make all necessary backups.
ENDOLIA PHARMA cannot be held responsible:
- non-performance of the contract in the event of a stock shortage or the unavailability of the Product due to a case of force majeure;
- any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on its Site;
- any damage resulting from the use of, access to, or inability to use information contained on its sales site or from a site to which reference is made by a hypertext link,
- and more generally, for any damage, direct or indirect, whatever the causes, nature origins or consequences, including in particular costs related to loss of data and property caused by access to the Site, or the impossibility of accessing it, or of using the Site.
- Force majeure
ENDOLIA PHARMA will not be responsible for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting force majeure including cases of disruption or total or partial strike in particular of services postal and means of transport and/or communication, flood or fire.
ENDOLIA PHARMA will notify the Customer of an event constituting force majeure of which it becomes aware, within 5 working days following its occurrence or knowledge by ENDOLIA PHARMA of this event.
ENDOLIA PHARMA and the Customer agree that they must consult together as soon as possible to determine the terms and conditions for processing the order for the duration of the case of force majeure.
Beyond a period of 1 month of interruption for force majeure, ENDOLIA PHARMA and the Customer will be released from their obligations towards each other.
- Intellectual Property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Site and all elements, brands, designs, models, logos, graphics, etc. found on the Site as well as their compilation are the exclusive property of ENDOLIA PHARMA which does not grant any license or any right other than that of consulting the Site.
The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property, except with the prior written authorization of ENDOLIA PHARMA.
- Applicable law – Competent courts
These general conditions of sale and the contractual relations between ENDOLIA PHARMA and the Customer are subject to Monegasque law. In the event of a dispute with professionals and/or merchants, the courts of Monaco will have sole jurisdiction. In the event of a dispute, the Monegasque courts will have sole jurisdiction. The consumer can seize: The jurisdiction of the place where the defendant lives; The jurisdiction of the place of delivery, or the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
