TERMS OF SALE POST-OPERATIVE LINGERIE
These Terms and Conditions (here in after "Terms") apply to all purchases made by a user / person (here in after the "Customer") on the website www.embody.paris.com (here in after the "SITE") with Embody Medical, SAS, registered at the trade and companies registry in Nantes under number 809085368. Customer phone service: 0033 2 28 43 10 65 (9:00 a.m. to 4:00 p.m.), email : firstname.lastname@example.org
(Here in after "SELLER").
IMPORTANT: all orders placed on the site necessarily involve the unconditional acceptance of the COSTUMER to these terms of sale.
ARTICLE 1. DEFINITION
The terms used in the General Conditions have the following meaning:
- "CUSTOMER" means the contracting partner of the SELLER, which guarantees the consumer’s quality as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER is beyond any usual or commercial activity.
- "DELIVERY" means the first presentation of PRODUCTS ordered by the CUSTOMER at the delivery address when ordering.
- "PRODUCTS" means all products available on the site.
ARTICLE 2. AIM
These Terms and Conditions govern the SELLER’s sale to its CUSTOMERS to the PRODUCTS.
The CLIENT is clearly informed and agrees that the SITE targets consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual terms
ARTICLE 3. TERMS AGREEMENT
The Customer agrees to carefully read these Terms before proceeding to the payment of an order of PRODUCTS placed on the WEBSITE.
These Conditions are referenced at the bottom of each page of the site through a link and must be consulted before ordering. The CUSTOMER is invited to carefully read, download, print the Terms and keep a copy.
The SELLER advises the CUSTOMER to read the Terms and Conditions for each new order, the latest version of these Terms are applicable to all new PRODUCTS order.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and agreed to the Terms without limitation or condition.
ARTICLE 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 and have the legal capacity or, if minor, be able to prove the agreement of their legal representatives.
The CUSTOMER will be invited to provide information allowing the identification by filling out the form available on the site. The symbol (*) indicates required fields that must be filled for the CUSTOMER’s order to be treated by the SELLER.
The CUSTOMER can check out the site for her or his order’s status. For certain carriers, DELIVERY tracking can be done by using online tracking tools. The Customer can also contact the SELLER’s sales department by e-mail at any time at email@example.com to get information on her or his order’s status.
The information given to the SELLER by CUSTOMER when ordering must be complete, accurate and updated. The SELLER has the right to ask the CUSTOMER to confirm, by all appropriate means, their identity, eligibility and information provided.
ARTICLE 5. ORDERS
Article 5.1 Products’ Characteristics
The SELLER endeavors to present, as clearly as possible, the main characteristics of PRODUCTS (on the available site’s information sheets) as well as compulsory information that the CUSTOMER must receive according to the applicable statute (in the present General Conditions).
The CUSTOMER agrees to read through this information before placing an order on the site.
The SELLER has the right to modify the selection of the PRODUCTS available on the site, depending on the constraints related to its manufacturing or his seasonal collections constraints.
Unless expressly stated otherwise on the site, all PRODUCTS sold by the SELLER are new and comply with European legislation and with standards applicable in France. (See AFNOR)
Article 5.2. Ordering Process
PROCUCTS’ orders are directly placed on the site. To place an order, the CUSTOMER must follow the steps below (please note however that depending on the CUSTOMER’s start page, steps may be slightly different).
5.2.1. PRODUCTS selection and purchasing options
The CUSTOMER will select the PRODUCT of his choice by clicking on the PRODUCT in question and choosing the desired characteristics and quantities. After selecting PRODUCT, the PRODUCT is placed in the CLIENT’s basket. The latter can then add into the basket as many PRODUCTS as he wants.
Once the PRODUCTS have been selected and placed into the basket, the CUSTOMER must click on the basket and check that the content of the order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to subscribe.
Once the CUSTOMER has validated the basket’s contents and that he will have identified / registered himself, an online form will appear; completed and automatically recapitulating the price, applicable taxes and, if applicable, delivery fees.
The CUSTOMER is invited to check the content of the order (including the amount, PRODUCTS’ characteristics and references ordered, billing address, payment method and price) before submitting its content.
The CUSTOMER can then proceed to payment of the PRODUCTS by following the instructions on the site and provide all necessary information for billing and Shipping of PRODUCTS.
Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected.
Orders placed must include all necessary information to process the order.
The CUSTOMER must also indicate chosen delivery method.
5.2.3. Acknowledgment of Receipt
Once all the steps described above are completed, a page appears on the SITE in order to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt is automatically sent to the CUSTOMER by email, on condition that the email address provided via the subscription form is correct.
The SELLER does not send order confirmation by post or fax.
During the ordering process, the CUSTOMER shall enter necessary information for billing (the sign (*) indicate required fields and must be filled out so that the CLIENT's order is processed by the SELLER).
The CUSTOMER must state clearly all information regarding SHIPPING, in particular the exact SHIPPING address, as well as any access code to the SHIPPING address.
CUSTOMER must then indicate the chosen means of payment.
Neither the order form that the CUSTOMER establishes online nor the acknowledgement of receipt that the SELLER sends to the CUSTOMER by email will constitute an invoice. Whatever the means of ordering or payment used, the CUSTOMER will receive the original invoice with the SHIPPING of the PRODUCTS, inside the package.
5.3. Order Date
The order date is the date on which the SELLER acknowledges online ordering. The deadlines specified on the site begin to run from that date.
For all PRODUCTS, the CUSTOMER will find, on the site, prices in euros and applicable shipping costs (it depends on package weight, excluding packaging and gifts, SHIPPING address and carrier or transportation mode selected).
SELLER’s suppliers prices may be modified. Consequently, prices listed on the SITE may change. They can also be modified in the event of bids or special sales.
All prices are valid, except gross error. The applicable price is that indicated on the SITE at the date the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
Depending on the PRODUCT, the SELLER implements an inventory management "at tight flow". Therefore, as appropriate, availability of PRODUCTS depends on the SELLER’s stocks.
The SELLER undertakes to fulfill the received orders provided that PRODUCTS are available.
The unavailability of a PRODUCT is normally indicated on the PRODUCT’s page. CUSTOMERS may also be informed of a restock of a PRODUCT by the SELLER.
In any event, if the unavailability hasn’t been specified at the time of the order, the SELLER shall promptly inform the CUSTOMER if the PRODUCT is unavailable.
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order of unavailable PRODUCTS. He shall be reimbursed for all amounts paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
Terms of the right of withdrawal are provided in the "Cancellation policy". The policy is available in Annex 1 and accessible at each bottom page of the SITE via an hyperlink.
ARTICLE 7. PAYMENT
7.1. Means of payment
The CUSTOMER can pay his PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to ensure security and confidentiality of data transmitted online through the SITE online payment.
It is, for this reason, indicated that all payment details are directly transmitted to bank's site and are not processed on site.
7.2. Payment date
In the case of single payment by credit card, the account will be charged as soon as the CUSTOMER’s order of PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, reimbursement will be in accordance with the last paragraph of Article 5.5 of Terms and Conditions.
7.3. DELAY OR PAYMENT REFUSAL
If the bank refuses to charge the card or other means of payment, the CUSTOMER will have to contact the SELLER’s Customer Service to pay the order by any other valid means of payment.
In the event that for any reason whatsoever, opposition, refusal or other transmission flow of money due by the CUSTOMER is not feasible, the order will be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
A contractual agreement with the CUSTOMER corresponding to an order of an amount greater than 120 Euros will be archived by the SELLER for a period of ten (10) years pursuant to Article L. 134-2 of the consumption code.
The SELLER agrees to archive these information to keep track of transactions and to produce a copy of the contract on CLIENT’s request.
In case of litigation, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the delivered PRODUCTS until full payment by the CUSTOMER.
Above arrangements does not block the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, risk of loss or damage of PRODUCTS subject to reserve of ownership, as well as risks of damage they could entail.
ARTICLE 10. DELIVERY
PRODUCTS terms of DELIVERY are provided in the "politics of delivery" given in Annex 2 and accessible at each bottom page of the SITE via a hyperlink.
ARTICLE 11. PACKAGING
PRODUCTS will be packaged in accordance with current transport standards, to ensure maximum protection for the PRODUCTS during the SHIPPING. CUSTOMERS agree to respect the same standards when returning of the PRODUCTS as provided in Annex 1 - withdrawal policy.
ARTICLE 12. GUARANTEES
12.1. Guarantee of compliance
The SELLER is obliged to deliver a compliant PRODUCT, that is to say, specific to the use expected of a similar good and matching the description given on the site. This compliance also means that the PRODUCT presents the qualities that a buyer can reasonably expect given by the statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER is likely to meet existing compliance defects during the delivery and lack of conformity resulting from packaging, assembly instructions or installation when it was loaded or carried out under its responsibility.
The action resulting from the lack of conformity is prescribed within two (2) years from the PRODUCT’s DELIVERY.
In the case of a lack of conformity the CUSTOMER may request the replacement or repair of the PRODUCT, as he wishes. However, if the CUSTOMER’s choice cost is patently disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may make a repayment without following the CUSTOMER’s chosen option.
In the event that a replacement is impossible, the SELLER shall refund the price of the PRODUCT within 30 days of receiving the returned PRODUCT. On the other side, the CUSTOMER shall return the PRODUCT at the following address : EMBODY Medical, 9 rue Jules Christmas, 44100 Nantes.
12.2. Guarantee of hidden defects
The SELLER is obliged to guarantee against hidden defects on sold PRODUCTS that make it unsuitable for intended use, or that decrease the use so as the CUSTOMER would not have it acquired, or would have paid a lower price if he had known.
This guarantee allows the CUSTOMER that can prove the existence of a hidden defect to choose between reimbursement of the PRODUCT’s price, if returned, or reimbursement of part of the price, if the PRODUCT is not returned.
In the event that a replacement is impossible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange that the CUSTOMER returns the PRODUCT at the following address : EMBODY Medical, 9 rue Jules Christmas, 44100 Nantes.
Any action resulting from hidden defects must be brought by the CUSTOMER within two (2) years after discovery of the defect.
ARTICLE 13. RESPONSIBILITY
The SELLER’s responsibility shall in no way be engaged in case of non-performance or improper performance of contractual obligations due to the CUSTOMER, especially when typing the order.
The SELLER shall not be held liable or deemed to have failed, for any delay or failure when the cause of the delay or failure was due to a case of “force majeure” as defined by the French case law and the French Courts of Law.
It is also specified that the SELLER does not control websites that are directly or indirectly related to the SITE. Consequently, it excludes all liability for information that is posted. Links to third party web sites are provided for information only and no warranty is given as to their content.
ARTICLE 14. PERSONAL DATA
The SELLER collects on the SITE personal data concerning their customers, including through cookies. CUSTOMERS can disable cookies by following their browser’s instructions.
Data collected by the SELLER are used to process the orders placed on the SITE, administering the CUSTOMER’s account, analyze orders and if the CUSTOMER has chosen this option, send commercial prospecting emails, newsletters, promotional offers and / or information about special sales, unless the CUSTOMER does not wish to receive anymore such communications from the SELLER.
CUSTOMER’s data are confidentially held by the SELLER in accordance with its declaration to the CNIL for contract needs, execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by clicking on the hyperlink of their account, at the bottom every offer received by email.
Data can be communicated, in whole or part, to SELLER’s service providers involved in the order process. For commercial purposes, the SELLER can transfer, to its trading partners, names and details of its CUSTOMERS, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically instruct CUSTOMERS if they wish that their personal data to be disclosed. CUSTOMERS may change their minds anytime on SITE or by contacting the SELLER.
The SELLER can also ask their CUSTOMERS if they wish to receive commercial offers from their partners.
According to the Law No. 78-17 dated 6 January 1978, relating to data files and individual freedoms, the CUSTOMER has a right to access, rectify, oppose (for legitimate reasons) and delete its personal data. He can exercise this right by sending an email at: firstname.lastname@example.org or by sending a letter to Embody Medical, 9 rue Jules Noël, 44100 Nantes.
It is specified that the CUSTOMER must prove his identity, either by scanning an ID card or by sending to the SELLER a photocopy of his identity card.
ARTICLE 15. CLAIMS
The SELLER provides the CUSTOMER a "Customer Phone Service" at the following number: 02 28 43 10 65 (standard-rate numbers).
Any written complaint from the CUSTOMER must be sent to the following address: EMBODY Medical, 9 rue Jules Noël, 44100 Nantes.
ARTICLE 16. INTELLECTUAL PROPERTY
All the visual and sound elements of the site, including underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the SELLER’s sole property. Any person who publishes a website and wants to create a hyperlink directly to the site must request authorization from the SELLER in writing.
This SELLER’s authorization shall in no case be permanently granted. This link must be removed at the SELLER’s request. Hyperlinks to the SITE using techniques such as framing or insertion of inline linking is strictly prohibited.
ARTICLE 17. VALIDITY OF GENERAL TERMS
Any change in the legislation or current regulations or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such modification or decision does not authorize in any case the CUSTOMERS to ignore these Terms and Conditions.
All conditions not specifically dealt herein shall be regulated in accordance with the use of the trade sector to individuals, for companies whose head office are located in France.
ARTICLE 18. AMENDMENT OF GENERAL TERMS
These Conditions apply to all purchases online on the site, as long as the site is available online.
The Terms and Conditions have been accurately dated and may be amended and updated by the SELLER at any time. The Applicable General Terms and Conditions are those in force at time of the order.
Changes made to Terms and Conditions shall not apply to the previously purchased PRODUCTS.
ARTICLE 19. JURIDICTION AND APPLICALE LAW
These General Conditions and the relationship between the COSTUMER and the SELLER are governed by French Law.
In the case of dispute only the French courts shall be competent.
However, before any appeal to an arbitrator or state judge, negotiating in a spirit of loyalty and sincerity will be privileged in order to reach an amicable agreement upon the occurrence of any conflict related to this contract, including on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt stating the elements of the conflict. If after a period of fifteen (15) days, the parties were unable to agree, the disagreement shall be submitted to the competent jurisdiction hereafter referred.
Throughout the negotiation process and until its conclusion, the parties shall not pursue any legal action against each other and for the conflict being negotiated. Exceptionally, the parties are permitted to seize the court of first instance or request the issuance of an order on request.
Possible action before the Court of first instance or the implementation of a procedure on request results to the parties no waiver of any in the clause of amicable arrangement, unless expressly stated otherwise.
ANNEXE 1 : RETRACTATION POLICY
Principal of withdrawal
The CUSTOMER has in principle the right of return or to restitute the PRODUCT to the SELLER or to a person designated by the latter, without undue delay and no later than fourteen (14) days following the communication of its decision to withdraw, unless the SELLER has offered to collect himself the PRODUCT.
The withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the carrier and indicated by the COSTUMER, acquires physical possession of the PRODUCT.
If the CUSTOMER’s order covers several PRODUCTS and if the PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) days after the day the CUSTOMER or a third party other than the carrier and indicated by the CLIENT, acquires physical possession of the last PRODUCT.
Notification of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by an unequivocal statement to: Embody Medical, 9 rue Jules Noël, 44100 Nantes - email@example.com
In order for the withdrawal period to be respected, the CUSTOMER must send his communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CUSTOMER, the SELLER agrees to reimburse the full amount paid, including shipping charges without undue delay and in any event, no later than fourteen (14) days from the day the SELLER is notified of the will of the CUSTOMER to retract.
The SELLER will refund using the same means of payment that the CUSTOMER has used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this reimbursement does not incur any fees to the CUSTOMER.
The SELLER may withhold the reimbursement until receipt of the goods or until the CUSTOMER has provided evidence of shipment of the good, the chosen date being that of the first of these facts.
The customer, without undue delay and in any event, will have no more than fourteen (14) days after notification of his decision to withdraw from this contract and return the property to: Embody Medical, 9 rue Jules Noël, 44100 Nantes.
This deadline is met if the CUSTOMER returns well before the end of the fourteen day period.
The CUSTOMER will be responsible for the direct cost of the returning goods.
State of the returning goods
The PRODUCT must be returned according to the SELLER’s instructions. The product must be returned in its complete package, with the delivery form. An incomplete product, damaged, worn or soiled will not be taken back.
PRODUCTS are packed in accordance with current transport standards, to ensure maximum protection for the PRODUCTS during SHIPPING. CUSTOMERS must follow the same standards when returning the PRODUCTS. As such the CUSTOMER is asked to return the PRODUCT that does not suit him in its original packaging and in good condition, proper to recommercialisation.
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in financial markets.
- Supply of goods made according to the CUSTOMER’s specifications or clearly personalized
- Supply of goods likely to deteriorate or to expire rapidly.
- Supply of audio or video recordings or sealed computer software which were unsealed after delivery.
- Newspaper, periodical, magazine (except subscription contract)
- Service provision for accommodation other than for residential purpose, transport of goods, car rental, catering or services related to leisure activities if the offer provides a date or a specific execution period
- Supply of goods which by their nature are mixed together inseparably to other items.
- Supplies of sealed goods that cannot be sent for reasons of health protection and hygiene which were unsealed by the CUSTOMER after SHIPPING.
- Supply of alcoholic beverages, which the price has been agreed at the time of conclusion of the sales contract, the delivery cannot be carried out after 30 days and the actual value depends on the fluctuations on the market escaping the SELLER’s control.
- Supply of digital content not supplied dematerialized if the performance has begun with the prior express consent of the consumer, who also recognized that he will lose its right of withdrawal.
- Contracts concluded at a public auction
ANNEXE 2 : DELIVERY POLICY
PRODUCTS are shipped to the delivery address that the CUSTOMER has indicated during the ordering process.
Les délais pour préparer une commande puis établir la facture, avant expédition des PRODUITS en stock sont mentionnés sur le SITE. Ces délais s’entendent hors weekends ou jours fériés. Cas particulier : en période d'inventaire.
Un message électronique sera automatiquement adressé au CLIENT au moment de l’expédition des PRODUITS, à condition que l’adresse électronique figurant dans le formulaire d’inscription soit correcte.
Delays to prepare an order and issue the invoice before shipping PRODUCTS in stock are indicated on the site. These delays do not include weekends or holidays. Special case: inventory periods.
An email will automatically be sent to the CUSTOMER at the time of PRODUCTS’ shipment, as long as the email address in the registration form is correct.
Delays and shipping costs
During the ordering process, the SELLER indicates to the CUSTOMER all possible time of delivery and shipping options for the purchased PRODUCTS.
Shipping costs are calculated according to the method of delivery. The amount of these costs shall be due by the Customer in addition to the price of the purchased PRODUCTS.
Details of delivery times and costs are detailed on the SITE.
Terms of Shipping
The package will be handed over to the CLIENT against signature and upon presentation of an ID.
If absent, a notice will be left to the CUSTOMER, to enable him to get his parcel at the post office.
The CUSTOMER is informed of the delivery date when choosing the carrier, by the end of the online order process, before confirming the order.
It is stipulated that deliveries will be made within thirty (30) days. Otherwise, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period. In case of no delivery within that period, he may cancel the contract.
The SELLER shall reimburse the CUSTOMER, without undue delay after receipt of the letter of termination, the total amount paid for the PRODUCTS, taxes and shipping included, using the same means of payment used by the Customer to buy the products.
The SELLER is responsible of the PRODUCT until delivery to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of the damages or partial losses noted during delivery.