Legal Notice
ARTICLE 1 - GENERAL PROVISIONS
This website www.medspa.fr (hereinafter referred to as the "Site") is published by MedspaLaboratoires, a simplified joint-stock company with a share capital of 500,000 euros, whose registered office is located at 68, rue du Faubourg Saint-Honoré 75008 Paris, registered with the Paris Trade and Companies Register under number 819 734 377, and whose intra-community VAT number is FR70819734377 (hereinafter referred to as "MedSPA Laboratoires").
Publishing Director : Medspa Laboratories
Website maintenance/update : Medspa Laboratories and SERUM AND CO
Hosting provider : AWS Inc. - a company registered with the Nanterre Trade and Companies Register under number 83100133400034, whose registered office is located at 38 AV JOHN F KENNEDY L 1855, LUXEMBOURG LUXEMBOURG
https://aws.amazon.com/fr/compliance/eu-data-protection
These general terms and conditions of sale (hereinafter referred to as the "GTC") govern all relations between Medspa Laboratories and any person wishing to purchase one or more product(s) offered for sale by Medspa Laboratories on this Site.
It is specified that these General Terms and Conditions apply to the exclusion of all other conditions and, in particular, the general terms and conditions of sale in force for sales made in stores, shops, pharmacies and/or parapharmacies offering Medspa Laboratoires products.
The applicable terms and conditions are those published on the website at the time the order is placed. Anyone visiting this website is free to print these terms and conditions, provided they do not modify them.
Within the framework of these General Terms and Conditions, the terms "Product" or "Products" refer to the product(s) offered for sale on the Site and shipped by Medspa Laboratories.
The term "Customer" refers to any consumer, that is, any natural person, not acting in a commercial capacity and in a non-professional capacity, who visits one or more web pages of the Site, whether or not they have initiated a purchase process on this Site. The Customer must have full legal capacity and be of legal age.
ARTICLE 2 - PRODUCTS
2.1. Product offers made by Medspa Laboratories on the Site remain valid as long as the Products are present on the Site, and within the limits of available stocks.
The Customer is solely responsible for any use that may be made of the Products purchased on the Site. The Products are intended for the Customer's personal use only, and are unrelated to their professional activity.
2.2. Essential Product Characteristics
Prior to placing an order, the Customer can view, directly on the Site, the essential characteristics of the Product(s) he/she wishes to order.
The differences between the photographs and the Products can only be minor differences and do not affect the essential characteristics of the Products.
Medspa Laboratories invites the Customer to refer to the description of each Product to learn its precise characteristics. In case of doubt or if the Customer wishes to obtain further information, they can contact Medspa Laboratories by email at the following address: contact@medspa.fr.
However, in the event of a clear error in the price and/or between the characteristics of a Product and its representation, the Customer agrees to contact Medspa Laboratories by email at contact@medspa.fr to inform them of said error. In all cases, Medspa Laboratories may correct a clear error; the Customer has the option to cancel their order if they do not accept the corrected terms.
ARTICLE 3 - PRICE
On the Site pages presenting the Products, order forms and invoices issued to the Customer, prices are indicated in euros including all taxes (TTC), taking into account the rate of Value Added Tax (VAT) and any applicable discounts on the day of the order.
On the Site pages presenting the Products, the prices indicated do not include delivery charges which are billed separately and are specified to the Customer prior to final validation of the order.
Product prices may change according to Medspa Laboratories' commercial policy. In any event, products will be invoiced based on the prices in effect on the Website at the time of final order confirmation.
The price of each order, including delivery charges, is payable in full upon placement of the order. Otherwise, no delivery will be made and the sale will be considered cancelled at the customer's initiative.
ARTICLE 4 - ORDER
4.1. Registration and account creation
To place an order, the Customer must first register on the Site.
The Client's email address serves as their login. However, the Client chooses their own password. It is the Client's responsibility to change their password regularly on the "My Account" page. It is strongly recommended not to choose a password that is a common word, but rather to alternate between numbers and letters.
The Client receives an email confirming their registration.
The Client is solely responsible for their password and its use. They expressly agree to keep it confidential and not to disclose it to anyone under any circumstances.
4.2. Limitations specific to each order
Each Product may be ordered up to a maximum of five (5) Products per order and three (3) identical Products per order.
4.3. Placing an order
To place an order, the Customer selects the different Products they wish to purchase by clicking on their product page. They indicate the number of Products desired, within the aforementioned limit, and click on the "Add to Cart" button.
Each new addition to their basket is indicated to the Customer in their order summary.
The Customer may, at any time:
– to obtain a summary of the Products he has selected by clicking on the “View Cart” icon accessible at the top right of the screen,
– modify or delete all or part of their order as summarized (in case of modification, the new price will be displayed once the Customer has clicked on the “Update” button).
When the customer is on the "Shopping Cart" page, they can:
- Continue your product selection by visiting another part of the site.
- Or, complete your selection of Products and order them by clicking on "Order".
When the Customer is on the "Order" page, they must then:
- To log in, enter your username and password (if forgotten or lost, the Customer must click on "Forgot your password?").
- 'If he doesn't have an account, create one by clicking on "Create an account".
As soon as the customer creates an account, they automatically proceed with the ordering process. They then fill in their billing address and, if applicable, their delivery address, which may be different.
The shipping and billing addresses entered for the first time on the website are saved as default addresses in the customer account's address book. They can be modified or deleted at any time. However, no modifications or deletions will be applied to any order that has been definitively confirmed and is currently being processed.
If the Customer already has an account on the Medspa Laboratories website, they will be directed to the "Billing Address" page where they must verify, complete, and confirm the information provided. The delivery address is, by default, the billing address, but it may be different (for example, in the case of gifts).
The customer then chooses the delivery method for sending their products. Delivery costs are specified on this "Delivery Method" page.
If the amount of these delivery fees is acceptable to him, the Customer clicks on the "Continue" button and is thus taken to the "Payment" page, which presents the different payment methods available.
The Customer is then directed to an "Order Summary" page which displays the order form showing the nature, quantity and price including VAT of the Products selected by the Customer as well as any applicable fees.
To proceed with the order, the Customer must click the "Read the terms and conditions" button. These General Terms and Conditions of Sale will then appear. The Customer cannot proceed with the order unless they check the box "I have read and agree to the terms and conditions of sale." By checking the box "I have read and agree to the terms and conditions of sale," the Customer signifies their full and complete acceptance of these General Terms and Conditions of Sale, as well as the specific terms and conditions of sale applicable to each order and displayed on their screen (product name(s), price, weight, quantity, etc.).
Therefore, when the Customer checks the box, they acknowledge having read these General Terms and Conditions of Sale and accept them without reservation. Once the box is checked, the Customer clicks on "Continue".
Before finalizing their order, the Customer can review the order details, the total price including VAT and applicable fees, and correct any errors. The Customer can modify their order and/or the billing and/or delivery address information and/or cancel their order.
The Customer can access their personal information by clicking on "My Account". It is their responsibility to update the information on this page and to verify its accuracy before placing each order.
ARTICLE 5 - PAYMENT
In accordance with Article L. 121-19-3 of the Consumer Code, the Customer is informed that orders are subject to an obligation to pay.
The price paid by the Customer is necessarily the price indicated on the order validated by the Customer.
The Customer must have a bank card accepted by the banking institution in charge of making online payments (Carte Bleue, Visa, Mastercard), the validity of which will be verified and confirmed by the payment server of this banking institution.
When entering bank card details, the Customer will enter their card number and expiry date, as well as, if applicable, the security code. The security code is the last three digits on the back of the Customer's bank card.
It is specified that the bank card details are secured by encryption via the so-called "3D Secure" system in order to protect as effectively as possible all data related to means of payment, and that the Client's bank card data will not be stored on the MedSPA Laboratories computer system, but on that of the banking institution in charge of making online payments.
It is specified that any online payment on the Site implies an immediate debit.
Once the payment process is complete, the Customer is directed to a page displaying the order invoice. The Customer can print this page.
In addition, an order confirmation email, including the aforementioned invoice, is sent to the Customer.
ARTICLE 6 - DELIVERY
6.1. Delivery times
The purchased Products will be shipped by an appropriate carrier depending on the destination from the handover of the ordered Products to the carrier, and in any event no later than 2 to 10 working days from the day following the final validation of the order by the Customer.
The indicated times are typical average times and correspond to order processing and delivery times.
If items are available for delivery on different dates, the delivery time will be based on the longest estimated delivery time. However, Medspa Laboratories reserves the right to split deliveries. In this case, shipping costs will only be charged once.
The Customer is invited to regularly check the tracking of their order on their account and to contact Medspa Laboratories for any questions or in case of problems relating to the delivery of their order by email at the following address: contact@medspa.fr.
In the event of a delivery delay, the Customer may notify Medspa Laboratoires of this delay by email at contact@medspa.fr. In this case, and as long as the Product has not been shipped, the Customer may still cancel their order by sending an email to contact@medspa.fr, or by sending a registered letter with acknowledgment of receipt to the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris.
6.2. Product Availability
Medspa Laboratories is committed to delivering orders subject to stock availability. Therefore, if a product is unavailable, the customer will be informed during the order placement process via a notice displayed on the website, and the sale cannot be completed.
However, despite the care Medspa Laboratories takes in managing its inventory and the resources it has implemented for this purpose, errors may exceptionally occur in the inventory status. In this case, Medspa Laboratories will inform the Customer by email of the unavailability of the product(s) concerned as soon as possible. Medspa Laboratories will then take the necessary steps to refund the price of the unavailable product(s). The bank account corresponding to the bank card details provided at the time of the order will then be credited with the overpayment within thirty (30) days of the notification sent to the Customer.
6.3. Delivery methods
The Products ordered by the Customer will be delivered to the address provided by the Customer on the order. If the recipient is absent, the carrier will notify the Customer, and the Customer will be responsible for taking the necessary steps to collect the products.
The Customer must provide a valid telephone number in order to be notified when their parcel is dropped off at the collection point.
Beyond this period, if the transport services return the package to Medspa Laboratories, Medspa Laboratories reserves the right to charge the Customer for any return costs.
As the purchased Products are shipped by carrier or regular postal services, the Customer must be able to prove their identity and provide, if necessary, the number assigned to their order.
The Customer agrees to sign the delivery note that may be presented to them. By signing the delivery note, the Customer acknowledges having received the order in good condition.
If the Customer finds that the package is damaged, he undertakes to refuse it and to request its return to Medspa Laboratories who, noting the poor condition of the package which will be returned to him, will reimburse the Customer as soon as possible.
If the Customer finds that the Products are damaged or do not correspond to their order, they must submit a detailed written claim to Medspa Laboratoires by email to contact@medspa.fr or by mail to the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, within three clear days. Any claim made after this period will not be accepted. The Customer must return the Product(s) to Medspa Laboratoires at the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
After review and on a case-by-case basis, Medspa Laboratories may issue a refund for the product(s), excluding any exchanges. Return shipping costs will be reimbursed to the customer in this case.
Refunds will be made within fifteen (15) days after receipt of the Products by Medspa Laboratories.
Medspa Laboratories will make refunds at its discretion, by crediting the bank account of the Customer who placed the order, to the billing address.
The Client is bound to Medspa Laboratories by the information relating to their contact details and to the delivery and billing details, if these are different.
Therefore, in the event of an error in the wording of the recipient's contact details (including name, surname, street number and name, postal code, city name, telephone number or email address), Medspa Laboratories cannot be held responsible for any inability to deliver the order.
6.4. Complaints
The Customer has one month from the day of receipt of their order to make a complaint to Customer Service.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 121-21 of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of receipt of the delivered Product(s) to exercise their right of withdrawal without having to justify their decision or pay any penalty. When the fourteen (14) clear day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
To exercise the right of withdrawal, the Customer must notify Medspa Laboratoires, by registered letter with acknowledgment of receipt to the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, or by email to contact@medspa.fr, of their decision to withdraw by means of an unambiguous statement expressing their wish to withdraw, indicating in particular their identity, their delivery and billing address (if these are different), the order number, the date of receipt of the order.
In accordance with Article L. 121-21-3 of the Consumer Code, the Customer undertakes to return the Products for which he exercises his right of withdrawal, at his own expense, within fourteen (14) days following notification to Medspa Laboratories of his right of withdrawal.
To facilitate the refund, the Product(s) must be returned, unused and complete in its/their original packaging (accessories, instructions, etc.) in good condition, neither opened nor altered, and be accompanied by the delivery note, to the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris.
If the aforementioned conditions are met, Medspa Laboratories will reimburse the Client, within a maximum period of fourteen (14) days from the date of notification of the right of withdrawal, the sums corresponding to the Products for which the Client has exercised his right of withdrawal within the allotted period, including delivery costs.
However, reimbursement by Medspa Laboratories may be deferred until the returned Products are received or until the Customer provides proof of shipment of the Products, in accordance with the provisions of Article L. 121-21-4 of the Consumer Code.
Furthermore, Medspa Laboratories will not be required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the delivery method offered by Medspa Laboratories under this agreement.
The refund will be issued via the payment method used by the Customer when placing the returned order.
ARTICLE 8 - EVIDENCE
The Client expressly acknowledges that the entry of any username and password constitutes proof of their identity and signifies their consent to all operations that will be carried out on the Site following their identification.
The Client must ensure that their email address remains valid during their registration period on the Site, otherwise they may no longer be able to access it, particularly in the event of losing their password.
A Client's account is strictly personal and therefore cannot be transferred, by any means whatsoever, to a third party, even free of charge.
The Client expressly agrees that the automatic recording systems of Medspa Laboratories shall be considered valid proof:
- Regarding the use of his username and password, and the dates and times of that use,
- Content saved by the Customer in their "My Account" area,
- Regarding the nature, substance, date and time of all correspondence with Medspa Laboratories staff conducted through the Site or the tools offered on the Site,
- And, more broadly, all information exchanged via the Site between Medspa Laboratories and the Client.
Medspa Laboratories cannot be held liable for any harm the Client may suffer as a result of a third party using their username and password. In the event of loss, misappropriation, or fraudulent use of all or part of their username and password, the Client must immediately notify Medspa Laboratories. The Client remains responsible for any use made of their username and password before informing Medspa Laboratories and allowing Medspa Laboratories a reasonable timeframe to change them. Should a Client disclose or use their username in a manner contrary to its intended purpose, Medspa Laboratories reserves the right to terminate the contract and delete access to the "My Account" area and saved files, without prior notice or compensation. Medspa Laboratories may also take legal action to obtain compensation for any harm it may suffer as a result of such disclosure or use.
These stipulations are expressly considered to be substantial between the parties.
ARTICLE 9 - WARRANTY
Medspa Laboratories undertakes to comply with the legal provisions in force, provided for in the Consumer Code and the Civil Code, expressly referred to in Annex 1 hereto.
ARTICLE 10 - DATA PROCESSING AND FREEDOM OF INFORMATION TECHNOLOGY
10.1. Protection of personal data
Medspa Laboratories places great importance on the protection of personal data and wishes to assure Clients visiting the Site that their privacy is protected. This article aims to inform Clients about the processing of their personal data, that is, data that allows them to be identified, directly or indirectly, as well as their rights with regard to this processing.
The Client is informed that his registration and use of the Site will result, for Medspa Laboratories, in the collection and automated processing of personal data concerning him, the use of which is subject to the provisions of Law No. 78-17 of 6 January 1978 relating to Information Technology, Files and Freedoms as amended by Law No. 2004-801 of 6 August 2004.
The mandatory answers, without which the Client will not be able to access the Site, are mentioned as such on the Site's registration form.
The information thus collected is subject to computer processing whose purpose is to allow the Client an optimized use of the Site by accessing services, contacting Medspa Laboratories or placing an order.
The Client has the right to access and rectify their personal data, as well as the right to object, for legitimate reasons, to the processing of this data. This right can be exercised by writing to the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris. This request must be signed by the Client and include their contact information.
In addition, Medspa Laboratories offers all its clients the option to subscribe to email newsletters by entering their email address in the designated field. Clients can unsubscribe at any time by clicking the unsubscribe link provided in each newsletter.
The email addresses collected are processed electronically for the purpose of sending the Medspa Laboratoires newsletter. Newsletter subscribers have the right to access and correct their personal data, which they can exercise by sending a letter to the following address: Medspa Laboratoires, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France.
The use of this data is exclusively reserved for Medspa Laboratories.
Respect for privacy and the protection of personal information that the Client transmits to Medspa Laboratories are essential, and Medspa Laboratories strives to secure them by implementing all available means to preserve data security and, in particular, to prevent them from being distorted, damaged, or accessed by unauthorized third parties.
Medspa Laboratories specifies that it does not intend to sell or market the Client's personal data.
10.2. The use of "cookies"
Medspa Laboratories uses "cookies" to optimize the Client's use of the Site.
A "cookie" is a small text file that Medspa Laboratories places on the Client's hard drive. It allows the Medspa Laboratories system to remember the Client's device when visiting the Site. The cookies used by Medspa Laboratories do not contain personal data but only an anonymous identification number and information relating to the browsing activity of the computer in question on the Site (pages viewed, date and time of visit, etc.) which Medspa Laboratories can read during subsequent visits.
Medspa Laboratories uses cookies to optimize the Client's use of the Site and services, where applicable. Specifically, Medspa Laboratories uses cookies for the following purposes:
- Personalizing the Site's content by remembering the Client's preferences,
- The establishment of traffic volumes and usage of the various elements comprising the Site,
- The Site is improved using information provided by audience measurement services. The cookies used by this service allow for the analysis of Customer behavior in an aggregate and anonymous manner. Information regarding the Customer's use of the Site is transmitted to this service anonymously (IP address truncated).
ARTICLE 11 - "MEDSPA LABORATORIES CUSTOMER SERVICE"
For any information, complaints, questions or advice, the Customer can contact the "Medspa Laboratories Customer Service" department at the following contact details:
- Email: contact@medspa.fr
- Postal address: Medspa Laboratories, 68 rue du Faubourg Saint-Honoré, 75008 Paris.
ARTICLE 12 - SITE OPERATION
The Site is normally accessible 24 hours a day, 7 days a week except in cases of force majeure or events beyond the control of Medspa Laboratories.
Furthermore, the Site's operation may be temporarily degraded or interrupted, in whole or in part, for all or some Clients, due to, in particular, maintenance, updates, or technical improvements, without prior notice. As Medspa Laboratoires makes no commitment regarding the Site's performance, Medspa Laboratoires cannot be held liable.
Medspa Laboratories cannot be held liable for any failure, inability to access, or malfunction of the Site attributable to unsuitable equipment, malfunctions of the Client's internet service provider, or problems with the internet network. The same applies to any other reasons beyond Medspa Laboratories' control.
Furthermore, the Client acknowledges that the characteristics and limitations of the internet network do not allow for a guarantee of the complete security, availability, and integrity of data transmissions. Consequently, Medspa Laboratories does not guarantee that the Site will operate without interruption or error.
Finally, since the internet is accessible to everyone and, in particular, to malicious individuals, the Client acknowledges that Medspa Laboratories cannot guarantee the absolute confidentiality of correspondence exchanged through the means made available to it on the Site.
ARTICLE 13 - INTELLECTUAL PROPERTY
Medspa Laboratories holds all intellectual property rights and/or exploitation rights, in particular under copyright, database rights and trademark law, relating to the Site, its content and all its constituent elements.
The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of Medspa Laboratories or, where applicable, of their respective owners with whom Medspa Laboratories has entered into usage agreements.
They may not be reproduced, used or represented in any way without the express written permission of Medspa Laboratories, under penalty of legal action.
Medspa Laboratories grants the Client a non-exclusive, personal, and non-transferable right to use the Site and the original intellectual works and data it contains. This right consists of (i) the right to view the original intellectual works and data contained on the Site online and (ii) the right to reproduce them by printing and/or saving them. This right of use is granted solely for strictly private purposes.
Any other use of the Site, and in particular commercial use, by the Client is prohibited without the express written authorization of Medspa Laboratories.
The Client is prohibited, in particular, but not limited to, reproducing and/or representing for any use other than private, downloading, selling, distributing, broadcasting, translating, adapting, exploiting, disseminating and communicating in whole or in part in any form whatsoever, for commercial or non-commercial purposes, any original work of the mind or data contained on the Site.
ARTICLE 14 - FORCE MAJEURE
Medspa Laboratories will not be held liable for any failure, delay or non-performance of its obligations under the General Terms and Conditions, when such failure, delay or non-performance is due to a case of force majeure.
Specifically, the following are considered force majeure or fortuitous events, in addition to those usually recognized by French case law: total or partial strikes, internal or external to Medspa Laboratories, bad weather, blockages of means of transport or supply for any reason whatsoever, governmental or legal restrictions, legal or regulatory changes to marketing methods, computer failures, telecommunications blockages, failure or malfunction of internet transmission networks and any other event beyond the control of the parties, preventing the normal execution of the General Terms and Conditions.
Since current internet transmission protocols cannot guarantee the reliable and continuous reception of messages and the integrity of transmitted documents, Medspa Laboratories cannot be held responsible for poor transmission due to a failure or malfunction of these transmission networks.
ARTICLE 15 - FINAL STIPULATIONS
These Terms and Conditions are governed by French law.
Sales of Medspa Laboratories Products on this Site are subject to French law regardless of the Client's country of residence and the place where the order is placed.
Version of the General Terms and Conditions: November 2017
APPENDIX 1: CONSUMER CODE
Article L. 211-4 of the Consumer Code: "The seller is required to deliver goods that conform to 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, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision."
Article L. 211-5 of the Consumer Code: "To conform to the contract, the goods must:
1) Be fit for the purpose for which similar goods are normally used and, where applicable:
To correspond to the description given by the seller and to possess the qualities that the seller presented to the buyer in the form of a sample or model;
To present the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2°) Or possess the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred two years from the delivery of the goods."
CIVIL CODE:
Article 1641 of the Civil Code: "The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648, paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
Article 2232 of the Civil Code: "The postponement of the starting point, the suspension or the interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the day the right arose. The first paragraph does not apply in the cases mentioned in Articles 2226, 2227 , 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244. It also does not apply to actions relating to the status of persons."
