These General Terms and Conditions of Sale apply exclusively between SOFT MEDICAL AESTHETICS, a simplified joint-stock company (SAS) under French law, whose registered office is located at 55 boulevard Pereire – 75017 Paris (France), registered in the Nanterre Trade and Companies Register under number 518 712 120 (hereinafter the “Company”) and any person capable of making a purchase (hereinafter the “Customer”) from the Company.
The Company sells products (hereinafter the “Product”), some of which are reserved for the use of authorised health professionals and others are accessible to consumers. In the latter case, it will be dermo-cosmetic products possibly via an internet platform www.softfil.com (hereinafter the “Site”).
The placing of an Order by the Customer implies express acceptance of these GTCs, which the Customer acknowledges having read prior to his Order.
SOFT MEDICAL ASTHETICS may assign its duties relating to the sale of the Products to any company affiliated to SMA and designated as an authorized reseller.
ARTICLE 1 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale is:
– to govern all relations between the Company and the Customer, from the time the Products are ordered to the time they are delivered to the address indicated by the Customer;
– to define the rights and obligations of the parties in connection with the sale of the Products by the Company to the Customer;
– within the limits of special conditions derogating from these General Terms and Conditions of Sale and agreed with the Customer.
ARTICLE 2 – CHARACTERISTICS OF THE PRODUCTS OFFERED
The Products offered for sale are those that appear in the catalogue, in particular accessible on the Site. The Products, in the case of medical devices, will not be delivered to consumers within the meaning of the introductory article of the Consumer Code.
Each Product is accompanied by a description established by the Company.
The photographs in the catalogue are as accurate as possible but cannot ensure a total similarity with the Product offered.
All texts and photographs are reserved, for the whole world, under copyright and intellectual property rights. Their reproduction, even partial, is strictly prohibited.
ARTICLE 3 – ORDER
The Order is made by sending a request for Products to SOFT MEDICAL AESTHETICS or online on the Site, after selection of the Products and validation by the Customer of his basket by clicking on the “order” button.
To facilitate its processing, the Customer must provide the information necessary for the execution of the Order: company name, if applicable a VAT number to benefit from prices excluding VAT in the Euro zone, if applicable the full name, specialty, geographical address and email address.
The Order will only become final once it has been confirmed by the Company in the form of an Order summary sent by email, after the Company has verified the status of the Customer and the availability of the Products and therefore the possibility for the Customer to place an order.
ARTICLE 4 – PRICING
All Orders are payable in Euros.
The prices of the Products may be updated on a daily basis. The prices invoiced are those in force on the day of the Order as they appear on the Product presentation sheets and on the Order summary.
Prices, if necessary, are subject to VAT. Any change in the applicable VAT rate will be reflected in the price of the Products.
Shipping costs will be charged in addition to the price of the Order.
ARTICLE 5 – PAYMENT
Payment is made by any means of payment set up by the Company, including online payment in the event of an Order on the Site.
SOFT MEDICAL AESTHETICS reserves the ownership of the Products ordered until they are paid in full.
As such, SOFT MEDICAL AESTHETICS may refuse to make a delivery or honour an Order, suspend or close the account of a Customer with whom a payment dispute is pending or a suspicion of fraud exists.
In the event of online payment, the Customer’s purchases are paid exclusively by credit card (Carte Bleue, VISA, Eurocard / Mastercard) via the PayPal server, or via BNP’s Mercanet service, after validation of the Order and acceptance of these General Terms and Conditions of Sale. All information exchanged to process the payment is encrypted using SSL protocol and is not stored on the Company’s computer systems.
The Customer will be immediately connected to the payment server that he has chosen from those proposed by the Company.
The Customer must then specify the type of bank card in his possession, the payment card number, the expiry date and the cryptogram (additional security numbers, located on the back of the card) before validating the information entered.
By this action, the Customer guarantees SOFT MEDICAL AESTHETICS that he is fully entitled to use said card and that he has sufficient funds to cover all costs resulting from the Order. In the event of refusal by the bank or if the funds are insufficient, the Order will be automatically cancelled.
ARTICLE 6 – AGREEMENT ON EVIDENCE FOR ONLINE SALES
The acceptance of the General Terms and Conditions of Sale or the confirmation of the Order constitutes an electronic signature which has, between the Customer and the Company, the same value as a handwritten signature.
The Customer and the Company agree that the computerized records kept in the Company’s computer systems, under reasonable security conditions, will be considered as proof of communication of Orders placed and the various interactions between the Customer and the Company.
ARTICLE 7 – DELIVERY
This article is applicable subject to special provisions agreed with the Customer.
All announced deadlines are calculated in working days. The delivery date is calculated taking into account the preparation and shipping times plus the delivery time of the selected Carrier (hereinafter referred to as the “Carrier”).
The Products are delivered to the delivery address indicated by the Customer during the Order process.
SOFT MEDICAL AESTHETICS shall not be held liable for any delay or error in delivery in the event of input errors by the Customer relating to the company name, surname, first name, address and telephone. In this case, the reshipping costs will be borne by the Customer and delivery times will be significantly delayed.
Shipping costs will be calculated according to the weight of the Products ordered and the country of destination.
Upon departure of his Order from the Company’s premises, an email will be sent to the Customer indicating the unique number assigned to his package, so that he can track its delivery, on the Carrier’s websites, when the latter has set up a tracking service.
Regardless of the mode of transport, a delivery note or acknowledgement of receipt must be signed upon delivery by the Customer or the recipient of the Order. This acknowledgement of receipt is proof of receipt by the Customer or the recipient of the Order of the Products ordered.
Otherwise, if the delivery cannot be made for reasons attributable to the Customer, reshipping costs will be borne by the Customer.
No dispute relating to the delivery itself is possible if the package appears to have been delivered.
Once the delivery has been made, as indicated above, and the Product has been delivered to the Customer, the latter must check the condition and contents and immediately issue and record reserves with the Carrier IN WRITING; he may even refuse the package if it arrives at its destination open or if it bears clear signs of deterioration. Packages must be delivered in perfect condition.
In the event of non-receipt of a package within a maximum period of 3 weeks after the date of the Order for reasons beyond the Company’s control, the Customer may cancel his Order and will contact the Company for this purpose.
Any complaint made after this period may be rejected without any possibility of appeal for the Customer and the sale shall be deemed to have been made.
The Company shall not be held liable for any consequences due to a delay in delivery or loss of the package by the Carrier.
ARTICLE 8 – CUSTOMER RELATIONS AND AFTERSALES SERVICE
For any information, question or complaint, the Customer may contact the Company.
By mail: SOFT MEDICAL AESTHETICS – 55 boulevard Pereire – 75017 Paris (France).
By telephone: +33(0)1 70 629 009, Monday to Friday from 9am to 6pm.
By email [email protected] hours a day, 7 days a week.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The provisions relating to the right of withdrawal of this article are exclusively applicable in the event that the Customer is a consumer within the meaning of the introductory article of the Consumer Code.
In the event that the Customer is not a consumer (in particular a health professional or a commercial company), no right of withdrawal or, more generally, no return of the Products, not justified by a conformity of the Products with the Order, can be accepted.
9-1 Products excluded from the right of withdrawal
In accordance with the regulations in force, the right of withdrawal cannot be exercised for Products that have been unsealed by the Customer after delivery.
9-2 Withdrawal procedure
In accordance with the legal provisions in force, the Customer has a period of 14 days from the receipt of his product to exercise his right of withdrawal with the Company without having to justify his reasons or pay any penalty.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) and the initial shipping costs will be refunded; the return costs remaining at the expense of the Customer.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed as new, and accompanied by a copy of the purchase invoice.
9-3 Return address
Returns are to be sent to:
SOFT MEDICAL AESTHETICS
38 rue Mozart – 92110 Clichy (France)
ARTICLE 10 – LIABILITY & FORCE MAJEURE
All information on the presentation of the Products is provided for information purposes only (texts, illustrations, photos, non-contractual videos).
SOFT MEDICAL AESTHETICS makes every effort to provide the Customer with verified information but cannot be held liable for any errors or the use of products that may be made by the Customer and, as such, for any damage of any kind, whether material or non-material or physical, resulting from improper operation or use.
The Company’s liability shall, in any event, be limited to the amount of the Order. SOFT MEDICAL AESTHETICS may not be held liable in the event of stock shortage or unavailability of a product, force majeure (as defined by law and case law), disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire which could delay or prevent the execution of the Order.
Consequently, and in the cases referred to above in this article, no compensation may be claimed by the Customer in the event of delay or non-performance of the contract.
The guarantee of conformity of the Products is strictly limited to the replacement of products found to be defective, subject to implementation of the guarantee within 90 days of receipt of the Products. To implement the guarantee of conformity, the Customer must first contact the Company’s after-sales service, which will inform him of the procedure for implementing the guarantee of conformity.
ARTICLE 11 – INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
SOFT MEDICAL AESTHETICS shall undertake to protect all personal data entrusted to it by the Customer when placing their order and which is required for processing the said order.
The file containing Customers’ personal data held by SOFT MEDICAL AESTHETICS is subject to a declaration to the French Data Protection Authority (CNIL) under the number 1834828v0.
Pursuant to the provisions of French law no. 78‐17 of 6 January 1978 on Data Protection, amended by law no. 2004-801 of 6 August 2004, provided they prove their identity, the Customer shall have the right to request that the personal data concerning them be corrected, completed, updated, locked or deleted if it is inaccurate, incomplete, ambiguous or outdated, or if the collection, use, communication or storage of such data is prohibited.
The Customer is also entitled to object, for legitimate reasons, to the processing of personal data concerning them. However, this objection shall make placing an order and/or delivering said order impossible.
The Customer may exercise these rights by sending a letter with proof of identity enclosed to the following address: SOFT MEDICAL AESTHETICS – 55 bd Pereire – 75017 Paris (France).
SOFT MEDICAL AESTHETICS is responsible for the collection and processing of this data, the contact details for which are provided below. This data shall be used exclusively for the purposes of processing the Customer’s order and shall not be divulged to third parties without their prior consent. If the Customer should so wish, they may receive commercial offers from the Company and its trading partners.
ARTICLE 12 – INTELLECTUAL PROPERTY
“SOFTFIL” is a registered trademark.
No provision of the General Terms and Conditions of Sale may be interpreted as transferring any intellectual property rights on this sign to the Customer.
The Site and all the elements that compose it (texts, photographs, videos and sounds) are protected by intellectual property law and are the exclusive property of SOFT MEDICAL AESTHETICS.
Any reproduction or representation is prohibited, subject to the legal exceptions in force.
ARTICLE 13 – APPLICABLE LAW AND JURISDICTION
THE GENERAL TERMS AND CONDITIONS OF SALE ARE SUBJECT TO FRENCH LAW WITH THE EXCEPTION OF THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. ALL DISPUTES RELATING TO THE COMMERCIAL RELATIONSHIP BETWEEN THE COMPANY AND THE CUSTOMER ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF NANTERRE.