GENERAL TERMS & CONDITIONS
These general terms and conditions of sale (hereinafter the ‘General Terms and Conditions’) apply to any purchase made by an internet user/private individual (hereinafter the ‘CUSTOMER’) on the website http://www.apotcare.com (hereinafter the ‘WEBSITE’) from APOTCARE SARL registered on the Paris Trade and Companies Register
under No: 492641139, with its head office at 34, avenue des Champs Élysées, 75008 Paris, France
Tel: +33 967482712
email: firstname.lastname@example.org (hereafter the “VENDOR”).
Apotcare.com (hereinafter the “Website”) is an e-commerce Website accessible on the Internet. It is open to any Internet user (hereinafter “Internet user”).
Via the Website, APOTCARE offers cosmetic products for sale (hereinafter the “Products”) to Internet Users browsing the Website (hereinafter “Users”). To enforce these terms and conditions, it is agreed that the User and APOTCARE will be collectively referred to as the “Parties” and individually as the “Party”, and that a User who has confirmed an order will be referred to as the “Purchaser”. The User’s rights and obligations will necessarily apply to the Purchaser. It is specified that the Products are intended for the User’s personal use, and have no direct relationship to the User's professional activity.
Users who want to make a purchase on the Website declare that they have full legal capacity to do so. APOTCARE cannot verify the legal capacity of the User or Purchaser. Accordingly, if a Purchaser does not have sufficient legal capacity to order Products on the Website, their legal guardians must assume full liability for this purchase, in particular the payment thereof.
The purpose of these General Terms and Conditions of Sale is to set out, solely as a result of the relations they establish on the Internet and only on the Website, the rights and obligations of the Parties arising from the online sale of the Products offered on the Website. The Purchaser acknowledges that they have read these terms and conditions before placing the order, and that ordering on the Website entails the Purchaser's unreserved acceptance and prior complete agreement with these General Terms and Conditions of Sale and warranties, which prevail over any other document, save for special terms and conditions expressly agreed in writing by APOTCARE.
APOTCARE reserves the right to amend these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale applicable to any order are accepted by the Purchaser at the time the order is confirmed.
ARTICLE 2. Products
The Products offered for sale by APOTCARE are those shown on the Website, on the day the User consults the Website, subject to stock availability. The photographs illustrating the Products are not contractually binding.
The prices of the Products are shown in EUR. They include VAT applicable on the date of the order. APOTCARE reserves the right, which the User accepts, to amend its prices at any time, but the Products will be billed according to the base prices in force at the time the order is placed, subject to availability of the said Products. Any carriage charges will be billed as a supplement.
ARTICLE 3. Placing and confirming the order
The User may freely browse the different pages of the Website, without being obliged to make an order.
If the User wants to place an order, they choose from the different Products in which they are interested, and show this interest by clicking on the “Add to cart” box.
At any time, the User may: - obtain a summary of the Products they have selected or amend their order, by clicking on “my cart”.
A summary of the order will then appear on the screen. If the list shown corresponds to the Products they have chosen, the User may continue their order by clicking on: “PLACE ORDER”. The User may identify themselves, either by entering their e-mail address and password, if they are already a customer or by accurately completing the form provided, on which they must enter the information needed for identification, in particular their last name, first name and postal address. The User is informed and accepts that entering any identification is proof of their identity and expresses their consent.
During the ordering process, the User may amend and correct the data entered such as the contents of the cart, the delivery and billing address, before final confirmation of the order.
Having noted the progress of the order, and once all the information requested has been completed, the User chooses the payment method they want to use to pay for their order. They must click on the “PLACE ORDER” to confirm their order.
The User can pay for purchases via the following payment methods : PayPal, MasterCard, Visa.
All the information exchanged to process the payment is encrypted using the SSL protocol (Secure Socket Layer). This data cannot be identified or intercepted or used by third parties. These certifications guarantee that the operational processes and technical solutions used by Stripe comply with the strictest criteria in terms of data exchange security and protection of banking data. At no time will the User’s banking data transit via APOTCARE's IT system.
Once the payment is confirmed, the order is placed and becomes irrevocable, without prejudice to the User’s right of withdrawal (the terms of which are set out below). The User then becomes the Purchaser. The purchase order is saved in APOTCARE's computer records, which are kept on a reliable, durable medium, and will be considered as proof of the contractual relationship between the Parties. The Purchaser guarantees that they are fully authorized to use the payment card used, that the card is valid and has access to sufficient funds to cover all the costs of the order.
When the Purchaser confirms their payment, a summary of the order will be sent to them electronically, to the e-mail address entered by the Purchaser at the time of identification, prior to placing the order. If there is an error in entering the e-mail address or more generally the order summary is not received, APOTCARE may not be held liable. This order confirmation will summarize the following information: terms of payment, delivery and, where applicable, delivery charges, the characteristics of the Product(s) ordered, the terms and conditions of the right of withdrawal; the address to which the Purchaser may send complaints, information about the after-sales service and the sales warranties.
If the order confirmation does not arrive within 24 hours of placing the order, the Purchaser may contact our Customer Service Department via the Contact form. Likewise, if the Purchaser has any questions about previous orders, they may contact APOTCARE using the same form.
ARTICLE 4. Delivery
The order will be dispatched within eight (8) days at the latest, with effect from the day after confirmation of the order by the Purchaser.
List of delivery zones and charges:
France : 8 EUR free from 49 EUR
Union Européenne 20 EUR free from 49 EUR
Suisse : 29 EUR free from 199 EUR
Ukraine : 39 EUR free from199 EUR
Russie : 49 EUR free from 199 EUR
Upon receipt of the ordered Products, the Purchaser must check that the Products are compliant. Any anomalies in delivery (missing or broken Product, damaged parcel, etc.) must be notified by the Purchaser without fail on the day of delivery or at the latest the first working day following delivery, to the APOTCARE consumer services department via the Contact form. Any complaints made after this time limit will be rejected and APOTCARE will be released of all liability. In the event of an anomaly relating to the parcel or the Product(s), and after notifying APOTCARE within the aforementioned time limit, the Purchaser must return it/them in its/their original packing and packaging according to the terms of Article 5 “Right of withdrawal” defined hereafter and within fourteen (14) days of receiving the order.
APOTCARE reserves the right to check the returned Product(s), examine the reason for the request and replace or not replace the Product(s) free of charge, without owing any compensation. If the ordered product is unavailable, the Purchaser will be informed. With the Purchaser's prior agreement, a product of equivalent quality and price will be offered to them. If the Purchaser does not accept, they may, where applicable, be refunded within thirty (30) days of their payment, at the latest. APOTCARE shall not be held liable in the event of failure to deliver or a delivery delay due to an event of force majeure, the action of a third party or a fault attributable to the Purchaser. In the event of a delivery delay, the Purchaser must notify this delay to the APOTCARE consumer services department as soon as possible, via the Contact form.
ARTICLE 5. Right of withdrawal
The Purchaser has a period of fourteen (14) clear days to notify APOTCARE of their wish to withdraw from the contract. This time limit runs from the day on which the order is received. To exercise this right of withdrawal, the Purchaser must inform APOTCARE of their decision to withdraw from the contract by post.
The Purchaser must then return the Product(s) in its/their original packaging, at their own cost, within fourteen (14) days at the latest from notification of its decision to withdraw, to the following address: APOTCARE – 34, AVENUE DES CHAMPS-ELYSEES 75008 PARIS FRANCE. If the fourteen (14) day period expires on a Saturday, Sunday, public holiday or rest day, it will be extended to the next working day. For health and safety reasons, and in accordance with Article L221-28 of the French Consumer Code, Products that have been opened by the Purchaser after delivery cannot be returned or refunded.
If the above-mentioned conditions are met, APOTCARE will refund the Purchaser for all the sums paid by the Purchaser, as soon as possible and within a period of fourteen (14) days at the latest from the date on which APOTCARE was informed of the Purchaser’s decision to withdraw. APOTCARE reserves the right to defer the refund until the Product(s) has been received. The initial delivery charges are included, with the exception of the return charges, which are paid by the Purchaser.
ARTICLE 6. Legal Warranty
The Purchaser benefits from the warranty of legal compliance (Article L.217-4 et seq. of the French Consumer Code) and product defects (Article 1641 et seq. of the French Civil Code).
The Purchaser is informed that the guarantor of compliance of the goods is APOTCARE 34, Avenue des Champs-Elysées 75008 Paris France.
If the Purchaser invokes the legal compliance warranty, independently of any commercial warranty, they have a period of two years from delivery of the product in which to act. The Purchaser is exempt from proving the existence of non-compliance for a period of six months from delivery of the said Product(s). This time limit is increased to twenty-four months for any purchase of new Product(s) from 18 March 2016. In the event of non-compliance, the Purchaser may choose between replacement or refund of the said Product(s), subject to the conditions of Article L.217-9 of the French Consumer Code. If the Purchaser invokes the legal warranty of product defects, they may choose between cancellation of the sale or reduction in the sale price.
ARTICLE 7. Personal Data
APOTCARE respects your concerns about protection of your privacy and personal data.
Your personal data will be collected and processed by APOTCARE. In the context of online sales, it is mandatory to enter some of your personal data, as this information is necessary for processing and delivering the orders and issuing the bills. This information is strictly confidential. Failure to enter this information will automatically lead to rejection of the order. Some data may also be used to send you information and/or promotional offers on the brand’s products.
In accordance with the provisions of the “Informatique et Libertés” law (French Data Protection Act) of 6 January 1978, amended by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has the right of access, information, objection, correction, restriction, portability and removal of any data concerning them. The Purchaser also has the right to draw up and send instructions concerning the outcome of their personal data after their death and to bring a claim before a competent authority. To exercise one or more of these rights, the Purchaser must fill in the Contact form available on the Website.
ARTICLE 8. Limit of liability
APOTCARE will not be held liable in the event of total or partial failure to fulfil its obligations under these General Terms and Conditions of Sale, if the said non-fulfilment is attributable to a third party, the fault of the User or the Purchaser, or caused by an event of force majeure, as defined by Article 1218 of the French Civil Code, by any event that is beyond the control of APOTCARE or by an Internet-related hazard.
ARTICLE 9. Partial non-validity
If one or more terms of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other terms shall retain their full force and scope.
ARTICLE 10. Entirety of contract
These General Terms and Conditions of Sale and the order summary sent to the Purchaser form a contractual whole and constitute the entirety of the contractual relations between the Parties. Should these documents contradict each other, the General Terms and Conditions of Sale shall prevail.
ARTICLE 11. Intellectual property
APOTCARE, the Website, and all the elements that comprise it (such as trademarks, logos, photographs, images, illustrations, texts, slogans, videos, structure of the Website) are the sole property of APOTCARE, which is solely authorized to use the intellectual property rights and personality rights relating thereto, or to the holder of the intellectual property rights concerned.
ARTICLE 12. Applicable law - Competent jurisdiction
Sales of APOTCARE products are governed by French law, regardless of the Purchaser's country of residence and the place where the Order is made. Any dispute relating to the existence, interpretation, performance or termination of the contract between APOTCARE and the Purchaser, even in the event of multiple defendants, will, if an amicable agreement cannot be reached, come under the sole jurisdiction of the competent French courts, pursuant to the regulations set out in the French Code of Civil Procedure.