Terms of Sales
GENERAL CONDITIONS OF SALE - www.densmoredirect.com
One-time product order
(for the customers concerned, please consult the T&Cs relating to subscriptions in the second part)
1. Purpose
The purpose of these general conditions of sale (hereinafter referred to as "the GCS") is, on the one hand, to determine the rights and obligations of BIOPHA and its customers and, on the other hand, to define the conditions and methods in which Internet sales on the www.densmoredirect.com site of products distributed by BIOPHA occur.
These T&Cs govern sales of products between BIOPHA and its customers, on the website www.densmoredirect.com (hereinafter referred to as "Site"). These T&Cs apply only to retail sales and to end consumers (natural person acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity). If this were not the case, any order would be considered void by BIOPHA . These GCS apply to the exclusion of all other conditions of sale or purchase. These T&Cs apply without discrimination to all customers in the context of sales of any product distributed by BIOPHA through the Site. Any order of products from BIOPHA necessarily entails, as a substantial and determining condition, the unreserved acceptance of these GCS.
2. Identity of the company
BIOPHA
Headquarters: South Loire Business Park - Boufféré - 85612 Montaigu Cedex
Telephone: [+33 (0)2 51 09 08 04]
Email: contact@densmore.fr
BIOPHA is a public limited company with share capital of €1,000,000 RCS La Roche sur Yon 328 835 905
3. Products
3-1. Product Features
The products offered for sale are those appearing on the Site on the day of their consultation by customers (hereinafter referred to as “Product(s)”). They consist of cosmetics, food supplements and medical devices.
Each Product will be the subject, as far as possible, of a descriptive sheet which will contain the essential characteristics of the said Product and its price. Instructions for using the Product will also be provided in the Product packaging.
BIOPHA strives to satisfy its customers by offering them a wide choice of products. These products are at a so-called physiological dose. When in doubt, BIOPHA is attentive to customers and at their disposal for any additional information.
Finally, the Products distributed by BIOPHA and manufactured by LABORATOIRES DENSMORE are designed, formulated and manufactured in compliance with strict quality standards.
The medical devices manufactured by LABORATOIRES DENSMORE and distributed by BIOPHA on the Site comply with the legislation and regulations in force concerning them. In the event of undesirable effects other than those mentioned in the instructions for use, the customer is encouraged to contact the Consumer Service according to the procedures provided for in article 14 of these GCS. The customer also has the option of reporting the adverse reaction on the following site: https://solidarites-sante.gouv.fr/soins-et- Maladies/signalement-sante-gouv-fr/
Products manufactured by LABORATOIRES DENSMORE and distributed by BIOPHA comply with French and European laws and regulations. It is, however, up to customers to find out from the local authority in their country about any restrictions on the importation and use of the Products ordered.
BIOPHA cannot be held responsible for the purchase of a Product considered as a prescription drug in a given country, while this Product is freely available in France.
BIOPHA therefore recommends that customers obtain prior information from the competent authorities in their country on any purchase restrictions or for the purchase of a Product containing substances prohibited in a given country.
It is possible that for technical reasons BIOPHA may have to change the conditioning and packaging of certain Products, no longer reflecting the graphics indicated on the Site during the Order. The number of units of Products served will then be equivalent to the commercial indications indicated during the Order, the price of the Products ordered remaining unchanged. The graphic information of the Products communicated on the Site is provided for information only and is not contractual.
3-2. Product Availability
The products manufactured by LABORATOIRES DENSMORE and distributed by BIOPHA are those appearing on the Site on the day of their consultation by customers. Some Products may be temporarily out of stock. In this case, the out-of-stock Products will no longer be visible on the Site or indicated as temporarily unavailable. In the latter case, the Site will indicate their provisional and indicative date of new availability.
Promotional offers for Products manufactured by LABORATOIRES DENSMORE and distributed by BIOPHA on the Site are valid for the duration indicated for each offer.
Between the time of validation of the order and the preparation of the package, a stock shortage may occur. In this case, the order may be subject to partial delivery and additional deliveries, the transport supplement remaining the responsibility of BIOPHA. The customer will only be debited the total amount of the order. The product(s) out of stock will be delivered to the customer as a backorder, as soon as they are available again in stock.
4. Placement of the Order on the Internet
1. Registration on the site
The use of the customer account requires a connection and an internet browser. The browser must be configured to allow session cookies.
During the first order, a customer account will be created, the customer being invited to fill in his personal data and to choose an identifier and a password according to the specifications indicated on the Site (mandatory fields identified by means of an asterisk). All of these data marked as mandatory by means of an asterisk are necessary for the management of the customer account, the acceptance and the execution of the order (hereinafter referred to as "Order").
A uniqueness and identifier check is then carried out by the BIOPHA system. In case of loss of his password, the customer must click on “forgot password? » and fill in his email address indicated when creating his customer account. A link will be sent to the latter inviting them to reset their password.
This password is in no way used to make a payment.
This password and this identifier will be requested from the customer each time he identifies himself to place an order or access his customer area. It is up to the customer to take all the necessary measures to secure his username and password so that they are not misused, copied and/or taken up in any way whatsoever. The connection to the Site is under their full responsibility.
All of the personal data transmitted as part of the creation of the customer account must be updated by the customer himself directly via his customer account. The personal data of the customer previously filled in by the latter will be reminded before each new acceptance of Orders.
In particular, in the event of a change in all or part of his personal data (in particular his postal address), the customer undertakes to make the appropriate changes to his customer account, in particular in order to allow delivery of the Products under optimal conditions for BIOPHA. .
In the event that the customer's postal address has changed and that the customer has not made the appropriate changes in his customer account at the time of acceptance of the Order, BIOPHA cannot be held responsible in any way either the failure to deliver the Products, the customer being solely responsible for the accuracy of the personal data provided at the time of acceptance of the Order.
In general, the customer guarantees BIOPHA that all the information he provides in the registration form is accurate, up-to-date, sincere and not misleading in any way.
2. Order Confirmation
Promotional codes may be communicated to Customers by any means giving access to various advantages explained during said communication. If he has one in his possession, the customer will be able to provide it when completing the Order. The Customer must fulfill all the conditions of use of the promotional code to benefit from it. Unless expressly stated otherwise, a promotional code can only be used once per Customer. Promotional codes cannot be combined with each other and cannot be combined with a purchase voucher and/or any promotional offer. In addition, promotional codes and vouchers cannot be subject to any monetary refund.
Before the customer validates his Order, he will be reminded of the information relating to the characteristics of the Products, their prices, their quantities, the delivery time of the Order and the fact that his Order implies a payment obligation. Once the customer has read this information and read and accepted these GCS fully and without reservation by means of a checkbox, the customer can confirm his Order by clicking on the icon "Pay my order" appearing on the payment page of the Site. The Order will then be considered as having been accepted purely and simply by the customer, and the sales contract formed definitively. The shipment of the Order takes place only after verification of the method of payment, receipt of the authorization to debit the customer's credit card or confirmation from Shopify, verification of the conformity of the Order with these general conditions of sale and the availability of the Product(s).
It is recalled that the customer has a right of withdrawal, the terms of which are detailed in article 7 of these GCS. The Order being considered final, no modification of the latter can be taken into account. BIOPHA may not, in particular, add items to the basket ordered. The customer must place a new Order if he wishes additional items. An order confirmation message is sent to the customer on his email address as soon as the payment of his Order is validated on the Site, thus confirming the sale of the Products. A second email will be sent to him on the day of departure of the prepared package. Other emails may subsequently be sent to the customer by direct carriers and/or by BIOPHA, in order to inform him of the progress of the delivery of the package or by his bank for confirmation of his payment.
3. Suspension and deactivation of the customer account
BIOPHA reserves the right to suspend automatically, without notice or compensation, temporarily or permanently, the Customer Account of Subscribers and/or Customers) in the following cases: serious and/or repeated non-compliance with these GCS, repeated payment incidents, inappropriate behavior, Customer fraud, resale of Products by the Customer (resale of Products via parallel markets), delivery of false information when creating the Customer Account. Also, the customer has the possibility of deleting his customer account from the Site by formalizing a written request by email to the following address: contact@densmore.fr
5. Prices and terms of payment
5-1 Product prices and shipping costs
The prices of the Products distributed by BIOPHA are indicated in Euros including VAT.
All Orders are payable in Euros, including all taxes and mandatory contributions. Any change in the applicable VAT rate will automatically be passed on to the price of the Products sold by BIOPHA. Any bank charges remain the responsibility of the customer (including in the case of a refund). The cost of sending Orders will be specified to Customers at the time of acceptance of the Order.
The prices are those set by BIOPHA on the day of the Order and on the Site, and may differ from the prices observed at certain resellers, in particular on any other merchant reseller site, who are free to set their own resale prices, BIOPHA giving them a general sales price orientation, which remains indicative for these resellers.
BIOPHA reserves the right to modify its prices at any time (including shipping costs). If applicable, the changes are only valid for future Orders, Orders already paid will not be affected by the price changes. Furthermore, BIOPHA reserves the right to suspend or cancel any execution of the Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the customer, in in the event of a payment incident, or in the event of fraud or attempted fraud against BIOPHA , including on the occasion of previous Orders. Also, it may be that for technical reasons BIOPHA be required to change the packaging of certain Products. The number of units of Products served will then be equivalent to the commercial indications indicated during the Order, the price of the Products ordered remaining unchanged.
5-2 Methods of payment
The payment of the Order by the customer is made on the Shopify platform, via the payment module STRIPE. The customer must pay the price indicated at the time of validation of his Order (including the price of the Products and the shipping costs). To this end, the Customer must provide, on the Shopify platform, his credit card data, which is mandatory for payment, the credit card used must be valid. To validate the order, it will be recalled that the Customer must have read and accepted the T&Cs by means of a checkbox (a hypertext link relating to the T&Cs being present on the Site and allowing the Customer to access them easily).
The customer accepts the Order by clicking on the "Pay my order" button. The Order will then be considered as having been accepted purely and simply by the customer, and the sales contract formed. It is recalled that the customer has a right of withdrawal, the terms of which are detailed in Article 7. During the banking transaction, all data is processed in encrypted form by our payment provider. No banking data is recorded by BIOPHA. The customer will see on his account statement that the debit comes from the website www.densmoredirect.com. BIOPHA cannot be held responsible for any malfunction occurring on the payment platform of the intermediary provider. In the event of a malfunction, the customer is encouraged to contact the Densmore Consumer Service in accordance with the procedures provided for in article 14 of these GCS.
The customer warrants BIOPHA to be fully authorized to use the means of payment used for the payment of each Order. BIOPHA cannot be held responsible in the event of fraudulent use of the means of payment used.
5-3 Billing
By accepting these T&Cs, the customer acknowledges agreeing to consult and download the electronic invoice for all Orders made on the website www.densmoredirect.com. The invoices will be accessible in his customer area, so he can download them. In accordance with Article L.213-1 of the Consumer Code, for any Order for an amount equal to or greater than 120 euros, BIOPHA will keep the invoice attesting to the conclusion of the sales contract on the Order for a period of 10 years from the delivery of the Products of the Order. The customer may request access to it at any time during this period by written complaint addressed to the Densmore Consumer Service in accordance with the procedures provided for in article 14 of these GCS.
The Customer will be able to access the invoices corresponding to each of his orders directly from his Customer Account.
5-4 Retention of title
BIOPHA reserves ownership of the Products ordered, delivered and invoiced until full payment of their price. However, the risks of theft, loss and deterioration of the Products are the responsibility of the customer as soon as the package is made available to him.
6. Delivery
6-1. Delivery locations
BIOPHA delivers its Products in Metropolitan France (including Corsica). However, BIOPHA reserves the right to restrict certain destinations, without the consumer being able to make any complaint. The Products are delivered to the delivery address indicated when the Customer registers the Order. It is recalled here that BIOPHA will not be bound by its obligations in the event of incorrect or missing mention in the delivery address and/or in the customer's identity when the latter enters his Customer Account. In this case, BIOPHA cannot be held liable.
6-2. Delivery delay
The delivery time corresponds to the processing, preparation and delivery times of a package, each Order being delivered no later than 30 days from the date of validation of the Order. The delivery time shown on the invoice is indicated for information only and depends on the delivery method chosen at the time of the Order as well as the execution of the delivery by the chosen transport provider, on which BIOPHA cannot act directly.
It is specified here that BIOPHA cannot be held responsible for delays in the delivery of transport services, when the non-performance or failure is attributable either to the customer, or to the unforeseeable and insurmountable fact of a third party, or to a case of force majeure such as as defined in article 13 of these GCS. The telephone number provided by the customer when registering the Order may be transmitted to the chosen carrier in order to facilitate the delivery of the package. The information entered by the customer during the validation of the Order commits the latter: in the event of a lack of information or in the event of an error in the wording of the customer's contact details, BIOPHA cannot be held responsible for the impossibility in which it could be to deliver the Order.
An Order can only be delivered once. The customer undertakes to receive the goods delivered to the address he indicated when entering his Order. The customer agrees to be present at the delivery address when the package is presented by the carrier. In the event that the customer is not present when the package is first presented, the carrier may choose either to leave the package in the customer's mailbox if the dimensions of the package allow it, or to inform the customer of a second passage, or leave the package at the nearest relay point. In the latter case, the customer agrees to collect his parcel from the parcel relay chosen by the carrier, whose contact details and deadlines for picking it up will be sent to the customer as soon as possible following the deposit by the carrier. If the customer does not collect the package within the time allowed, it will be returned to BIOPHA or any structure mandated by the latter for the purpose of recovering unclaimed parcels from customers. If, following the absence of recovery of the parcel within the time limits, the customer wishes to send the parcel again, he will have to pay the shipping costs (the customer is invited to contact the Consumer Service).
In the event of late delivery, except in cases of force majeure and except in cases attributable to the transport services, the customer may cancel his Order after sending a formal notice to BIOPHA to make the delivery within a reasonable time that has remained unsuccessful, by sending a registered letter with acknowledgment of receipt, addressed to the Densmore Consumer Service in accordance with the procedures provided for in article 14 of these GCS. The Order will then be canceled upon receipt of this registered letter with acknowledgment of receipt by BIOPHA , unless the latter has delivered the Order in the meantime. BIOPHA , in the event of cancellation of the Order in the above hypothesis, will be required to reimburse the customer for the totality of his Order, within fourteen (14) days following the date on which the Order has been cancelled.
6-3. Anomaly, damage, damaged package
If the package was lost due to BIOPHA and/or the carrier chosen by BIOPHA , BIOPHA undertakes to return a package, eight (8) days after the customer's written complaint sent to Consumer Services at the address mentioned in article 14 of these GCS, and following investigation by BIOPHA with the carrier corroborating the loss of the said package.
If the package has been damaged, the customer must contact by post or email, at the addresses indicated in article 14 of these GCS, the Consumer Service, explaining and justifying the nature of the damage and providing any supporting evidence (in particular photographs of the damaged package). BIOPHA then undertakes to return the damaged product(s) at its expense. In the event of manifest abuse in the complaint, the Consumer Service reserves the right not to replace the products, and not to reimburse them.
7. Withdrawal period
In accordance with the legislation in force, the customer benefits from the legal period of fourteen (14) days to retract and cancel his Order, without having to justify his decision. In the event of an Order being sent at one time, the aforementioned period runs from the day after the day of receipt of the goods by the customer. In the case of an Order relating to several goods delivered separately, the period runs from the day after the day of receipt of the last good. If the period in question expires on a Saturday, a Sunday or a holiday or non-working day, it will be extended until the first following working day.
The right of withdrawal cannot be exercised by the customer for the following reasons (see article L 221-8 of the consumer code):
- Any product opened, used or unsealed by the customer after delivery for reasons of hygiene or health protection
- Any product liable to deteriorate or expire rapidly.
In accordance with article L221-21 of the consumer code, this right of withdrawal can be exercised by means of the form found in Appendix 1 of these GCS or can send any other unambiguous declaration expressing the will of the customer. to retract. It is specified that the burden of proof of the exercise of the right of withdrawal weighs on the customer. The customer having exercised his right of withdrawal within the legal period provided for must return the package received (including any gift(s)) to the address indicated in article 14 of these GCS within a period fourteen (14) days from its decision to withdraw. To do this, a shipping label will be sent to the customer for the return of the products that have been the subject of the withdrawal, the return costs remaining the responsibility of the latter. The parcel must imperatively be returned in its initial packaging and packaging to the address indicated in article 14 of these GCS.
If the conditions relating to withdrawal as specified herein are met, BIOPHA will then reimburse the customer for the sums paid corresponding to the returned products (including delivery costs) within fourteen (14) days from the date to which BIOPHA will have been informed of the customer's decision to withdraw. BIOPHA further reserves the right to defer reimbursement until the products returned by the customer have been recovered or until the latter has provided proof of the shipment of the said products. BIOPHA will make the refund using the same means of payment as that used by the customer for the initial transaction, unless the latter expressly agrees to use another means of payment and insofar as the reimbursement does not incur any costs for the customer .
Finally, BIOPHA will not be required to reimburse the additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by BIOPHA .
8. Legal guarantees
BIOPHA is liable for lack of conformity of the Products to the sales contract under the conditions of article L. 211-4 and following of the consumer code and for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the code civil.
The customer is informed that within the framework of the legal guarantee of conformity of article L. 211-4 of the consumer code, he:
- Benefits from a period of two years from the delivery of the Products to act, according to the procedure indicated in article 8.1 of these GCS;
- Can choose between the repair or the replacement of the good, subject to the conditions of costs provided for in article 8.1 of these GCS;
- Is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following their delivery.
The customer is informed that the legal guarantee of conformity applies independently of the commercial guarantee possibly granted. It is recalled that the legal guarantee of conformity concerns the Products and their accessories. However, in the case of perishable goods, such as cosmetics, food supplements, and medical devices, the duration of compliance is limited.
The customer can decide to implement the guarantee against hidden defects of the thing sold according to the procedure indicated in article 8.2 of these GCS, and that in this case, he can choose between the resolution of the sale or a reduction of the selling price.
8-1. Legal guarantees of conformity
In accordance with the provisions of the consumer code, BIOPHA mentions the existence, the conditions of implementation and the content of the legal guarantee of conformity. According to the provisions of Article L217-5 of the Consumer Code, a good is compliant when it: - is suitable for the use usually expected of a similar good, where applicable:
- that it matches the description of BIOPHA and has the qualities presented in sample or model;
- that it has the qualities that a consumer can legitimately expect following the public declarations of BIOPHA (advertising, labeling, etc.).
-has the characteristics defined by the parties or is specific to the special use sought by the customer, known to BIOPHA and accepted.
Therefore, BIOPHA cannot be held responsible for a problem arising from use that does not comply with the recommendations given on the product, its instructions for use and its packaging.
The action in guarantee of conformity is prescribed by two (2) years from the delivery of the Product. However, in the case of perishable foodstuffs, such as cosmetics, food supplements and medical devices, the duration of compliance is limited. All defects of conformity appearing during the two (2) years following the delivery of the Product are presumed to exist at the time of sale.
The customer cannot make use of the guarantee of conformity according to L.217-8 of the Consumer Code:
- when he was aware of the defect at the time of placing the Order;
- when he could not ignore the defect when ordering.
When there is a lack of conformity, BIOPHA will replace the Product. BIOPHA provides the customer with a postage-paid return slip that the customer can receive on simple request from Consumer Services.
Returns must be made within one (1) month from the sending of the return slip to the address indicated in article 14 of these GCS. In the event that the Product is not replaceable, the customer may obtain the termination of the contract and the reimbursement of the Order, except if the lack of conformity is minor, or its reduction (reduction of the price of the Product).
8-2. Legal guarantees against hidden defects
In accordance with the provisions of the Consumer Code, DENSMORE mentions the existence, the conditions of implementation and the content of the legal guarantee against hidden defects.
According to the provisions of articles 1641 to 1649 of the Civil Code, DENSMORE will be bound by the guarantee for hidden defects of the Product sold which render it unfit for the use for which it is intended, or which reduce this use so much that the customer would not have acquired it, or would have given only a lesser price for it, if he had known about them. The legal warranty covers all costs resulting from hidden defects.
DENSMORE will not be held liable for apparent defects of which the customer has been able to convince himself, but for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. The defect must be prior to the sale and render the Products unsuitable for the use for which they are intended.
The customer has the choice:
- return the Product and have the price refunded;
- keep the thing and get part of the price back.
The time limit for taking action is two (2) years from the discovery of the defect.
9. Availability of website services
The Site is normally accessible by customers twenty-four (24) hours out of twenty-four (24), seven (7) days out of seven (7) and all year round except in the event of voluntary interruption or not and in particular during of maintenance. BIOPHA is responsible for the content that he himself edited. However, the information communicated on the Site is provided for information only, it is not contractual, and BIOPHA cannot incur any liability for the possible inaccuracy of the information published. They may be modified or updated without notice. BIOPHA also reserves the right, at any time and without notice, to make improvements and/or modifications to the Site.
BIOPHA 's responsibility cannot in particular be engaged for:
- Damage of any kind, direct or indirect, resulting from the use of the Website and in particular any operating loss, financial or commercial loss, loss of programs and/or data in particular in the customer's information system, linked in particular but not exhaustively to technical, computer or compatibility failures of the Website with hardware or software.
- Damage of any kind, direct or indirect, resulting from the content and/or use of the Website or to which customers may have access via the Website.
- Omissions and/or errors that the Website may contain.
- Illegal content or activities that may be present on the Website and this, without its having duly taken cognizance of it within the meaning of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
The use of the Site implies a loyal attitude of the customer, in compliance with the GCS, at the risk of seeing his liability engaged. He is responsible for the use he makes of the Site.
BIOPHA can not incur any liability if, in the event of force majeure or events beyond its control or of justified necessity, it was led to modify, suspend or delete the Site.
BIOPHA disclaims all responsibility for any customer dissatisfaction with the content of the Site or its operation.
BIOPHA Nor can it be held responsible in the event that one or more customers are unable to connect to their customer account due to any technical defect or any problem linked in particular to network congestion.
BIOPHA makes every effort to provide users with available and verified information and/or tools, but cannot be held responsible for errors (in particular display on the Site, sending of erroneous e-mails), lack of availability of information and/or the presence of viruses on the Site or on the websites to which the Site redirects, any malfunction of the Internet network preventing the proper functioning of the Site (in particular due to external malicious acts); interruptions, data transmission delays, failures of the terminal, the user's telephone line, servers, Internet access providers, telephone operators, computer equipment, software; the loss of any e-mail and more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical failure, any damage caused to a customer's terminal, any technical, material and software of any kind, having prevented or limited the possibility of using the Website or having damaged a customer's system. It is up to all customers to take all appropriate measures to protect their own data and/or software stored on their equipment against any attack. The connection of any person to the Site is under their sole responsibility. Similarly, the use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, the absence of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible viruses circulating on the network. Any attempt by a customer or by any person to deliberately damage the Site constitutes an infringement of civil and criminal regulations and BIOPHA reserves the right to prosecute any act of this nature.
Customers declare and acknowledge that they are aware of the characteristics, risks and constraints of the Internet and in particular that the transmission of data and information on the Internet only benefits from relative technical reliability, these circulating on heterogeneous networks with various characteristics and technical capacities which disrupt access or make it impossible at certain times.
10. Intellectual Property and Hyperlinks
All the content of the Site, including the downloadable content, but also and in a non-exhaustive way: the brands, graphic charter, logos, photographs, icons, plans, texts, sounds, videos which compose it, are the exclusive property of DENSMORE and are protected as such by laws and treaties on intellectual property throughout the world, with the exception of elements expressly designated as free of rights on the Site.
These GCS do not entail any transfer of intellectual property rights for the benefit of the customer and do not authorize any representation, adaptation, reproduction, exploitation, in whole or in part, or modification of the elements, on any medium whatsoever, on which DENSMORE holds intellectual property rights, without the express, prior and written authorization of DENSMORE . Failure to comply with this prohibition constitutes an act of counterfeiting which may engage the civil and/or criminal liability of its author, in accordance with the provisions of articles L335-2 and following of the Intellectual Property Code. DENSMORE reserves the right to take legal action against any person who does not respect this prohibition.
Reproductions and storage of the content of the Site may only be for purposes other than strictly personal, private use, and therefore excluding any collective, professional or commercial use. DENSMORE is not responsible for hypertext links pointing to its Site, using the so-called "framing" or "deep linking" technique. These hypertext links are moreover strictly prohibited without written, express and prior authorization from BIOPHA.
11. Personal data and cookies
Customers are informed that their personal data concerning them which are requested from them and/or which are collected on the website www.densmoredirect.com are processed in accordance with the regulations in force on the protection of personal data. The details of the processing carried out are specified by clicking on the “Confidentiality and data protection” link present on this website (at the bottom of the page).
12. Miscellaneous Provisions
BIOPHA reserves the right to modify these GCS at any time, the customer remaining subject to those to which he contracted at the time of acceptance of the Order. The version of the T&Cs online when placing the Order prevails over the previous versions of the T&Cs. The fact that BIOPHA does not take advantage, at a given time, of one of the provisions of these GCS cannot be interpreted as a waiver to take advantage of it later. BIOPHA will have the option of assigning to any third party of its choice, in whole or in part, the rights and obligations resulting from these GCS. The contracts concluded between BIOPHA and the Customer may not be assigned by the latter without the prior written consent of BIOPHA .
13. Force Majeure
In the event of the occurrence of an event of force majeure as defined in article 1218 of the civil code, BIOPHA must inform the customer within fifteen (15) days of the occurrence of this event, by registered mail with acknowledgment of receipt. Force majeure is defined as any event beyond the control of the debtor, which cannot be reasonably foreseen when accepting the Order and whose effects cannot be avoided by appropriate measures, preventing the performance of its obligation by BIOPHA .
Expressly, are considered as cases of force majeure or fortuitous event those usually retained by the jurisprudence of the French courts and tribunals. Are also considered as force majeure diseases, epidemics or government measures preventing BIOPHA to perform its obligation. All of BIOPHA 's obligations will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
14.Contact
The customer has the option of contacting BIOPHA 's Consumer Service , either by telephone +33 (0)2 51 09 08 04, or via the following email address contact@densmore.fr, or by post addressed to LABORATOIRES DENSMORE – Consumer Service Densmore, Parc d'Activité Sud Loire, 85612 MONTAIGU Cedex – France.
15. Partial invalidity of the T&Cs
If certain provisions of these GCS were declared invalid pursuant to a law, a regulation, or following a decision rendered by a competent court and which has become final, the other provisions shall retain their force and scope.
16. Applicable law
These T&Cs are subject to French law.
BIOPHA is a member of the Federation of Distance Selling Companies (FEVAD), and undertakes to respect its rules and practices.
In the event of a dispute, the Consumer must submit their complaint in writing to:
BIOPHA - DENSMORE DIRECT Customer Service
South Loire Business Park - BP1211
85 612 MONTAIGU Cedex
France
In the absence of an amicable agreement having been able to be found and in accordance with the articles of the Consumer Code concerning the amicable settlement of disputes, the Consumer may contact FEVAD free of charge, the contact details of which are as follows:
FEVAD consumer mediator - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr .
To find out how to refer to the Mediator, click here .
Finally, in accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, consumers who have made an online purchase can also file their complaint on the site https://webgate.ec .europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
In the event of mediation not being able to succeed, the Consumer may seize either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event. .
APPENDIX 1: Withdrawal form
Form to be sent accompanied by a package containing all the products for which withdrawal is requested:
" To the attention of
BIOPHA
Densmore Consumer Services
South Loire Business Park
BP 1211
85 612 MONTAGU
Cedex FRANCE
I hereby notify you of my withdrawal from the contract relating to the sale of the product(s) whose references are as follows:
Customer's purchase order number:
Date of Customer Purchase Order:
Product(s) affected by the withdrawal:
Ordered on / received on:
Client name :
Customer address:
Date :
Place :
Client's signature :
TERMS OF SALES
Applicable to Subscription […]
Preamble
BIOPHA sells various Products via its website www.densmoredirect.com as detailed in article 5 below. The Site is an e-commerce platform allowing Internet users to order said Products offered for sale by the company BIOPHA through a Subscription taken out online.
Definitions
“Subscription”: refers to the contract to which the Customer subscribes with the company BIOPHA in order to enable him to receive the Products selected by the Customer according to the terms and conditions defined in these GCS. The Subscription is taken out for the duration chosen by the Customer, namely the frequency of shipments, and is tacitly renewed, according to the same terms, for an identical duration (unless modified by the Customer or terminated);
“Client(s)”: refers to any person aged 18 or over taking out a Subscription on the Site for their personal needs;
“GTC”: refers to these general terms and conditions of sale determining the rights and obligations of BIOPHA and Internet users (including Subscribers and Customers);
“Order(s)”: designates the order(s) of Product(s) placed within the framework of the Subscription taken out by the Customer with the company BIOPHA on the Site and according to the methods set out in the these T&Cs;
“Customer account”: designates the space created by the Subscriber on the Site and accessible by the latter using his personal identifier and password provided by him;
“Personal Data”: refers to all the personal data allowing the direct or indirect identification of the Internet User, the Subscriber and/or the Customer during his navigation on the Site, the creation and the management of his Customer Account and/or when subscribing to a Subscription;
“Subscriber(s)”: means any person who has created a Customer Account on the Site following the subscription to a Subscription and has access to a dedicated space allowing, among other things, the modification of their Personal Data, their preferences relating to their Subscription, the status of his orders, etc. ;
“Internet user(s)”: designate(s) all natural persons of full age and enjoying their full personalities and legal capacities and browsing the www.densmoredirect.com Site;
“Product(s)”: designates only the products indicated as available for Subscription on the Site and purchased by the Customer by taking out a Subscription with BIOPHA via the Site;
“Site”: refers to the website accessible at the following URL address www.densmoredirect.com.
Object
The purpose of these general conditions of sale (hereinafter referred to as "the GCS") is, on the one hand, to determine the rights and obligations of BIOPHA and Internet users (including Subscribers and Customers) and, on the other hand, to define the terms and conditions of the Subscription to the Products as referred to in Article 5 and in particular those relating to price, delivery and any returns.
These T&Cs apply only to retail sales and to end consumers (natural person acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity). If this were not the case, any Subscription taken out on the Site will be terminated automatically by BIOPHA and without compensation to the Customer in any way whatsoever.
These GCS apply to the exclusion of all other conditions and without discrimination to Internet users (including Subscribers and Customers).
Any subscription to a Subscription with BIOPHA necessarily entails, as a substantial and determining condition, the unreserved acceptance of these GCS.
BIOPHA reserves the right to adapt or modify these T&Cs at any time. The new general conditions of sale will, if necessary, be brought to the attention of Internet users (including Subscribers and Customers) by online modification and will be applicable, particularly for Customers, only to Subscriptions taken out after the modification of the said T&Cs.
Products offered on the Site
Products
It is indicated that only some of the products referenced on the Site are available for Subscription. They include an indication to that effect. They consist of cosmetics, food supplements and medical devices.
The Products offered within the framework of the Subscription are those appearing on the Site on the day of their consultation by Internet users.
BIOPHA strives to satisfy its customers by offering them a wide choice of products. These products are at a so-called physiological dose. In case of doubt, BIOPHA listens to customers and is at their disposal for any additional information.
Each Product is the subject, as far as possible, of a descriptive sheet containing the essential characteristics of the said Product which is published on the Site.
The medical devices offered for sale by BIOPHA on the Site comply with the legislation and regulations in force concerning them. In the event of undesirable effects other than those mentioned in the instructions for use, the customer is encouraged to contact the Densmore Consumer Service according to the procedures provided for in article 15 of these GCS. The customer also has the option of reporting the adverse reaction on the following site: https://solidarites-sante.gouv.fr/soins-et- Maladies/signalement-sante-gouv-fr/
Products manufactured by LABORATOIRES DENSMORE and distributed by BIOPHA comply with French and European laws and regulations. It is, however, up to customers to find out from the local authority in their country about any restrictions on the importation and use of the Products ordered.
BIOPHA cannot be held responsible for the purchase of a Product considered as a prescription drug in a given country, while this Product is freely available in France.
BIOPHA therefore recommends that customers obtain prior information from the competent authorities in their country on any purchase restrictions or for the purchase of a Product containing substances prohibited in a given country.
It may be that for technical reasons BIOPHA may have to change the conditioning and packaging of certain Products, no longer reflecting the graphics or photographs appearing on the Site during the Order and as such the responsibility of BIOPHA cannot be engaged. The number of units of Products served will then be equivalent to the commercial indications indicated during the Order, the price of the Products ordered remaining unchanged. The graphic information of the Products communicated on the Site is provided for information only and is not contractual.
Product Availability
The Products offered for Subscription are those appearing on the Site on the day of their consultation by the Customers.
Some Products may be temporarily out of stock. In this case, the out-of-stock Products will no longer be visible on the Site or indicated as temporarily unavailable. In the latter case, the Site will indicate their provisional and indicative date of new availability.
The promotional offers of the Products offered for sale by LABORATOIRES DENSMORE on the Site are valid for the duration indicated for each offer.
Between the time of validation of an Order (as part of the Subscription) and the preparation of the package, a stock shortage may occur. In this case, the Order may be subject to partial delivery and additional deliveries, the transport supplement remaining the responsibility of BIOPHA . The Customer will be debited the total amount of the Order. The out-of-stock Product(s) will be delivered to the Customer as a backorder, as soon as they become available again in stock.
Subscription Terms
Registration on the Site
The use of the customer account requires a connection and an internet browser. The browser must be configured to allow session cookies.
In order to proceed with the Subscription, the Internet User must create a Customer Account by entering his Personal Data and choose an identifier and a password according to the specifications indicated on the Site (mandatory fields identified by means of an asterisk). All data marked as mandatory with an asterisk are necessary for the management of the customer account, the acceptance and execution of the Subscription and Orders.
A uniqueness and identifier check is then carried out by the BIOPHA system. In case of loss of his password, the Subscriber must click on “forgot password? » and fill in his email address indicated when creating his customer account. A link will be sent to the latter inviting them to reset their password.
This password is in no way used to make a payment.
This password and this identifier will be requested from the Subscriber each time he identifies himself to place an order or access his customer area.
It is up to the Subscriber to take all the necessary measures to secure their username and password so that they are not misused, copied and/or taken over in any way whatsoever. The connection to the Site is under their full responsibility.
All of the Personal Data transmitted in this context may be updated by the Subscriber himself directly via his Customer Account. The personal data of the Subscriber previously filled in by the latter will be reminded before each new acceptance of Orders.
In particular, in the event of a change in all or part of their Personal Data (in particular their postal address), the Subscriber undertakes to make changes to their data on their Customer Account, in particular in order to allow delivery of the Products under conditions optimal for BIOPHA .
In the event that the Customer's postal address has changed and the Customer has not made the appropriate changes in his customer account at the time of acceptance of the Order, BIOPHA cannot be held liable in any way whatsoever. or the failure to deliver the Products, the Customer being solely responsible for the Personal Data provided at the time of acceptance of the Order.
In general, the Customer guarantees BIOPHA that all the information it provides in the registration form is accurate, up-to-date, sincere and not misleading in any way.
Placing and confirming an Order as part of a Subscription
It is recalled that only some of the Products referenced on the Site are available for Subscription. They include an indication to that effect. When subscribing to the Subscription, the Customer selects among these Products those which interest him as well as their quantity. The Customer must then select the frequency of delivery of the selected Products from those offered on the Site.
Promotional codes may be communicated to Customers by any means giving access to various advantages explained during said communication. If he has one in his possession, the customer will be able to provide it when completing the Order. The Customer must fulfill all the conditions of use of the promotional code to benefit from it. Unless expressly stated otherwise, a promotional code can only be used once per Customer. Promotional codes cannot be combined with each other and cannot be combined with a purchase voucher and/or any promotional offer. In addition, promotional codes and vouchers cannot be subject to any monetary refund.
The Customer, by clicking on the "ORDER" button, accesses a new page on which appear:
- a summary of the information relating to the characteristics of his Subscription, namely the summary of the Products pre-selected by the Customer, the price, the quantities as well as the frequency of delivery of the Orders within the framework of the Subscription;
- A dedicated insert allowing the Customer to enter his delivery address and his billing address, if different from the previous one;
Once the customer has read this information and read and accepted these GCS fully and without reservation by means of a checkbox, the customer can confirm his Order by clicking on the icon "Pay my order" appearing on the payment page of the Site. The Order will then be considered as having been accepted purely and simply by the customer, and the Subscription formed definitively.
In accordance with Article L221-13 of the Consumer Code, a confirmation message is sent to the Customer on his email address as soon as the payment is validated on the Site, thus confirming the subscription to the Subscription and all the characteristics of this last.
It is recalled that the customer has a right of withdrawal, the terms of which are detailed in article 7 of these GCS. The Order being considered final, no modification of the latter can be taken into account. BIOPHA may not, in particular, add items to the basket ordered. The customer must place a new Order if he wishes additional items.
If the Customer encounters difficulties when subscribing to the Subscription, the Customer is invited to contact Densmore Consumer Services according to the procedures set out in Article 15.
Modification/suspension/termination of the Subscription
The Customer will receive, 96 hours before the scheduled date and time of Order confirmation, a notification email informing him of the upcoming preparation of the latter. It is recalled here that all Order launches will be carried out at the same time as that at which the Customer subscribed to his Subscription.
The Customer has the option, via his Customer Account, and no later than the day and time of the scheduled Order confirmation, to suspend or terminate his Subscription, which will take effect immediately. In the event of suspension or termination occurring after this date and time, the scheduled Order will be delivered and the desired suspension or termination will take effect for the following Order.
The Customer may also make, no later than the day and time of the scheduled Order confirmation, any modification to his Subscription relating to the Products, their quantity and/or the frequency of shipments. In the event of a modification made by the Customer occurring after this date and time, the modification will take effect for the following Order.
In the absence of modification, termination or suspension of the Subscription by the Customer following the notification email sent by BIOPHA, the Subscription continues under the same conditions as those provided for in his Customer Account.
It is the Customer's responsibility to contact the Densmore Consumer Service in order to notify it of any absence of receipt of notification emails (or possibly any delay in their receipt). In this case and before any contact with the Densmore Consumer Service, the Customer is first invited to check his unwanted mail (spam) to see if the notification email has not reached him in this specific box. In any event, BIOPHA cannot be held responsible in the event of non-receipt of these notification emails.
In any case, beyond the aforementioned schedule on the scheduled date, any Order is deemed final and not subject to modification or cancellation.
Suspension/deactivation of customer account
BIOPHA reserves the right to suspend automatically, without notice or compensation, temporarily or permanently, the Customer Account of Subscribers and/or Customers) in the following cases: serious and/or repeated non-compliance with these T&Cs, incidents repeated payment, inappropriate behavior, Customer fraud, resale of Products by the Customer (resale of Products via parallel markets), delivery of false information when creating the Customer Account. However, the Customer Account cannot be deactivated for inactivity if it corresponds to a current Subscription.
Also, the customer has the option of deleting his customer account from the Site by clicking on the "delete my account" icon, provided that there is no current Subscription.
Price and terms of payment
Product prices and shipping costs
The prices of the Products appearing on the Site are indicated in Euros including tax (taxes and mandatory contributions included) and excluding shipping and packaging costs, it being understood that the said Products ordered are invoiced at the prices in force when the registration of the Order by BIOPHA. Any bank charges remain the responsibility of the Customer (including in the case of a refund). The cost of sending Orders will be specified to Customers at the time of acceptance of the Order.
The prices are those set by BIOPHA on the day of the Order and on the Site, and may differ from the prices observed at certain resellers, in particular on any other merchant reseller site, who are free to set their own resale prices, BIOPHA giving them a general sales price orientation, which remains indicative for these resellers.
BIOPHA reserves the right to modify its prices at any time. If applicable, the changes are only valid for future Orders, Orders already paid will not be affected by the price changes.
With regard to Orders, it is specified here that the shipping costs are offered to the Customer except in special cases specified in these GCS. With regard to shipping costs to Corsica, Customers are informed that they will have to pay the amount of €17 including tax for each Order. This information will be reminded to them at the time of the summary of the Order and the amount of the Order to be paid.
Prices include value added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be passed on to the price of the Products sold by BIOPHA on the day the new rate comes into force.
Furthermore, BIOPHA reserves the right to suspend or cancel any execution of the Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the customer, in the event of a payment incident, or in the event of fraud or attempted fraud against BIOPHA , including on the occasion of previous Orders.
Also, it may be that for technical reasons BIOPHA has to change the packaging of certain Products. The number of units of Products served will then be equivalent to the commercial indications indicated when the Order will have been registered, the price of the Products ordered remaining unchanged.
Payment terms
The payment of the Order by the Customer is made via the Shopify platform.
The Customer must pay the price indicated at the time of validating his Subscription subscription.
To this end, the Customer must provide, on the Shopify platform, his credit card data, which is mandatory for payment, the credit card used must be valid. It is recalled here that to validate the Subscription, the Customer must have read and accepted the GCS by means of a checkbox (a hypertext link relating to the GCS being present on the Site and allowing the Customer to easily access them ).
The Customer confirms his Subscription by clicking on the "SUBSCRIBE" button on the page on which the "Payment" insert is inserted.
During the banking transaction, all data is processed encrypted by our payment provider. No banking data is recorded by BIOPHA . The customer will see on his account statement that the debit comes from the website www.densmoredirect.com.
BIOPHA cannot be held responsible for any malfunction occurring on the payment platform of the intermediary provider. In the event of a malfunction, the customer is encouraged to contact the Densmore Consumer Service in accordance with the procedures provided for in article 15 of these GCS.
The delivery of the Products will take place subject to receipt of the full corresponding sum.
For future payment terms corresponding to the Subscription according to the frequency provided for in the Customer Account, the Customer accepts that the amount fixed when taking out the Subscription (depending on the Products ordered and the delivery frequency chosen) is debited automatically and monthly from the means of payment indicated when subscribing to said Subscription, except for modification, suspension or termination of the Subscription under the conditions referred to in Article 6 c.
The Customer undertakes to maintain an up-to-date and valid means of payment for the duration of the Subscription. The Customer's means of payment will be debited on the scheduled date of the preparation of the Order, which will have been reminded to the Customer by an email notification 96 hours before the date and time of confirmation of the Order.
The Customer guarantees BIOPHA to be fully authorized to use the bank card used for the payment of each Order. BIOPHA cannot be held responsible in the event of fraudulent use of the means of payment used.
BIOPHA does not hold the complete bank details of the Client, these being encrypted.
Furthermore, BIOPHA reserves the right to suspend or cancel any execution of the Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the BIOPHA Site , including on the occasion of previous Orders.
Billing
By accepting these T&Cs, the Customer acknowledges accepting to receive the electronic invoice for all Orders placed on the www.densmoredirect.com website. The invoices will be accessible in his customer area, so he can download them.
In accordance with Article L.213-1 of the Consumer Code, for any Order relating to an amount equal to or greater than 120 euros, LABORATOIRES DENSMORE will keep the invoice attesting to the conclusion of the sales contract on the Order for a period of 10 years from the delivery of the Products of the Order. The customer may request access to it at any time during this period by written complaint addressed to the Densmore Consumer Service in accordance with the procedures provided for in article 15 of these GCS.
The Customer will be able to access the invoices corresponding to each of his orders directly from his Customer Account.
Retention of title
BIOPHA reserves ownership of the Products ordered, delivered and invoiced until full payment of their price.
However, the risks of theft, loss and deterioration of the Products fall on the Customer as soon as they are made available to him.
Delivery
Delivery locations
BIOPHA delivers its Products only in Metropolitan France (including Corsica). However, BIOPHA reserves the right to restrict certain destinations, without the consumer being able to make any complaint.
The Products are delivered to the delivery address indicated when entering the contact details by the Customer in his Customer Account. It is recalled here that BIOPHA will not be held to its obligations in the event of incorrect or missing mention in the delivery address and/or in the identity of the Customer during the entry made by the latter in his Customer Account. In this case, the responsibility of BIOPHA cannot be engaged.
Delivery delay
The delivery time corresponds to the processing, preparation and delivery times of a package, each Order being delivered no later than 30 days from the date of validation of the Order (confirmed by an email sent to the Customer by BIOPHA as recalled in article 6 b.). The delivery time shown on the invoice is indicated for information only and depends on the delivery method chosen at the time of the Order as well as the execution of the delivery by the chosen transport provider, on which BIOPHA cannot act directly.
The delivery method chosen by BIOPHA implies delivery by a carrier requiring an appointment to be made with the Customer. The email and telephone number transmitted by the Customer are communicated to the chosen carrier who contacts the Customer as soon as possible following the Order confirmation in order to agree with the latter on a delivery appointment at his home.
It is specified here that once the Order is in transit, the dedicated tracking number will be available in the Customer Account allowing the Customer to follow the progress of the delivery. BIOPHA cannot however be held responsible in the event of malfunction of the carrier's site and the tracking functionality made available to the Customer by BIOPHA .
When the package is taken over by the carrier and in the event of the Customer's absence, during its first visit, the carrier will contact the Customer a second time, according to the same methods, to agree on a day and a delivery schedule. In case of new absence, on the second visit, the package will be returned to BIOPHA and the Customer may ask to be delivered again subject to paying the related shipping costs according to the terms that will be indicated to him by BIOPHA .
BIOPHA can not be responsible for the delay in delivery due exclusively to the unavailability of the Customer after several appointment proposals by the carrier and/or a lack of delivery following an error by the Customer in the transmission of his Personal Data within his Account. customer.
It is specified here that BIOPHA cannot be held responsible for delays in delivery by its delivery service provider, when the non-performance or failure is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party, or to a case of force majeure. , as defined in article 14 of these GCS.
In accordance with Article L 216-2 of the Consumer Code, in the event of a breach of the obligation to deliver the goods within the aforementioned deadlines, the Customer may terminate the Subscription contract, after sending a formal notice to BIOPHA , by registered letter with acknowledgment of receipt, to make the delivery within a reasonable time and has remained without effect. The formal notice may be sent to the Densmore Consumer Service at the address mentioned in article 15.
The Order will then be canceled upon receipt of this registered letter with acknowledgment of receipt by BIOPHA , unless the latter has delivered the Order in the meantime.
BIOPHA , in the event of cancellation of the Order in the above hypothesis, will be required to reimburse the Customer for the totality of his Order, within a period of fourteen (14) days following the date on which the Order will have been cancelled.
Anomaly, damage, damaged package
If the package was lost due to BIOPHA and/or the carrier chosen by BIOPHA , BIOPHA undertakes to return a package, eight (8) days after the customer's written complaint addressed to the Densmore Consumer Service at the address mentioned in article 15 of these GCS, and following an investigation by BIOPHA with the carrier corroborating the loss of the said package.
If the package has been damaged, the Customer must contact Densmore Consumer Services by post, email or telephone, explaining the nature of the damage and providing any supporting evidence (including photographs of the damaged package). BIOPHA then undertakes to return the damaged product(s) at its expense.
In the event of manifest abuse in the complaint, the Consumer Service reserves the right not to replace the Products and not to reimburse them.
Withdrawal period
In accordance with the legislation in force, the Customer benefits from the legal period of fourteen (14) days to withdraw and cancel the subscription of the Subscription, without having to justify his decision. The aforementioned period runs from the day after receipt of the first good. If the period expires on a Saturday, a Sunday or a holiday or non-working day, it will be extended until the first following working day.
The right of withdrawal cannot be exercised by the customer for the following reasons (see article L 221-8 of the consumer code):
Any product opened, used or unsealed by the customer after delivery for reasons of hygiene or health protection
Any product liable to deteriorate or expire rapidly.
In accordance with article L221-21 of the consumer code, this right of withdrawal can be exercised by means of the form found in Appendix 1 of these GCS or can send any other unambiguous declaration expressing the will of the Customer. to retract. It is specified that the burden of proof of the exercise of the right of withdrawal weighs on the Customer.
The Customer having exercised his right of withdrawal within the legal period provided for must return the package received (including any gift(s)) to the address indicated in Article 15 within fourteen ( 14) days from its decision to withdraw, the return costs remaining at its expense. To do this, a shipping label will be sent to the customer for the return of the products that have been the subject of the withdrawal, the return costs remaining the responsibility of the latter.
The parcel must imperatively be returned in its initial packaging and packaging to the address indicated in article 15.
If the conditions relating to withdrawal as specified herein are met, BIOPHA will then reimburse the Customer within fourteen (14) days from the date on which BIOPHA will have been informed of the Customer's decision to withdraw and according to the following terms:
- In the event of withdrawal following receipt of an Order, the Customer will be reimbursed the full amount paid, being reminded here that no shipping costs will be payable to the Customer, the latter not having had to pay shipping costs as part of the delivery of the Order;
- In the event of withdrawal following receipt of an Order accompanied by one or more gifts and in the event that a Customer does not return the gift(s) offered, BIOPHA will deduct from the reimbursement made to the Customer the value of the gift(s) which will have/have been kept by the latter.
BIOPHA further reserves the right to defer reimbursement until the products returned by the customer have been recovered or until the latter has provided proof of the shipment of the said products.
BIOPHA will make the refund using the same means of payment as that used by the customer for the initial transaction, unless the latter expressly agrees to use another means of payment and insofar as the reimbursement does not incur any costs for the customer .
Finally, BIOPHA will not be required to reimburse the additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by BIOPHA .
Legal guarantees
BIOPHA is liable for lack of conformity of the Products to the sales contract under the conditions of article L. 211-4 and following of the consumer code and for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the code civil.
The customer is informed that within the framework of the legal guarantee of conformity of article L. 211-4 of the consumer code, he:
- Benefits from a period of two years from the delivery of the Products to act, according to the procedure indicated in article 10.a of these GCS;
- Can choose between the repair or the replacement of the good, subject to the conditions of costs provided for in article 10.a of these GCS;
- Is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following their delivery.
The customer is informed that the legal guarantee of conformity applies independently of the commercial guarantee possibly granted.
It is recalled that the legal guarantee of conformity concerns the Products and their accessories. However, in the case of perishable goods, such as cosmetics, food supplements, and medical devices, the duration of compliance is limited.
The customer can decide to implement the guarantee against hidden defects of the thing sold according to the procedure indicated in article 10.b of these GCS, and that in this case, he can choose between the resolution of the sale or a reduction in selling price.
Legal guarantee of conformity
In accordance with the provisions of the consumer code, BIOPHA mentions the existence, the conditions of implementation and the content of the legal guarantee of conformity.
According to the provisions of article L217-5 of the consumer code, a good complies with:
- when it is specific to the use usually expected of a similar good, if applicable; when it matches the description of BIOPHA and has the qualities presented in sample or model; when it presents the qualities that a consumer can legitimately expect following the public declarations of BIOPHA (advertising, labeling, etc.).
- if it has the characteristics defined by the parties or is specific to the special use sought by the customer, known to BIOPHA and accepted.
Consequently, BIOPHA cannot be held responsible for a problem arising from use that does not comply with the recommendations given on the Product, its instructions for use and its packaging.
The action in guarantee of conformity is prescribed by two (2) years from the delivery of the Product. However, in the case of perishable foodstuffs, such as cosmetics, food supplements and medical devices, the duration of compliance is limited.
All defects of conformity appearing during the two (2) years following the purchase of the Product are presumed to exist at the time of sale. The Customer cannot invoke the guarantee of conformity according to L.217-8 of the Consumer Code:
- when he was aware of the defect at the time of placing the Order;
- when he could not ignore the defect when ordering.
When there is a lack of conformity, BIOPHA will replace the Product. BIOPHA will therefore provide the Customer with a postage-paid return slip that the Customer can receive on request from Densmore Consumer Services.
Returns must be made within one (1) month from the sending of the return slip to the address indicated in article 15 of these GCS.
In the event that the Product is not replaceable, the Customer may obtain the resolution of the Order, except if the lack of conformity is minor, or he may be reimbursed part of the price of the Product.
Legal guarantees against hidden defects
In accordance with the provisions of the Consumer Code, DENSMORE mentions the existence, the conditions of implementation and the content of the legal guarantee against hidden defects.
According to the provisions of articles 1641 to 1649 of the Civil Code, DENSMORE will be bound by the guarantee for hidden defects of the Product sold which render it unfit for the use for which it is intended, or which reduce this use so much that the Client would not have acquired it, or would have given only a lower price for it, if he had known about them.
The legal warranty covers all costs resulting from hidden defects.
DENSMORE will not be held liable for apparent defects of which the Customer has been able to convince himself, but for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
The defect must be prior to the sale and render the Products unsuitable for the use for which they are intended.
The Customer has the choice of:
- return the Product and have the price refunded;
- keep the thing and get part of the price back.
The time limit for taking action is two (2) years from the discovery of the defect.
Personal data and cookies
Internet users (including Subscribers and Customers) are informed that their personal data concerning them which are requested from them and/or which are collected on the website www.densmoredirect.com are processed in accordance with the regulations in force on the protection personal data. The details of the processing carried out are specified by clicking on the “Privacy Policy” link on this website (at the bottom of the page).
Intellectual property and hypertext links
All the content of the Site, including the downloadable content, but also and in a non-exhaustive way: the brands, graphic charter, logos, photographs, icons, plans, texts, sounds, videos which compose it, are the exclusive property of BIOPHA and are protected as such by intellectual property laws and treaties around the world.
These GCS do not entail any transfer of intellectual property rights for the benefit of Internet users (including Subscribers and Customers) and do not authorize any representation, adaptation, reproduction, exploitation, in whole or in part, or modification of the elements, on any medium whatsoever, on which BIOPHA holds intellectual property rights, without the express, prior and written authorization of BIOPHA . Failure to comply with this prohibition constitutes an act of counterfeiting which may engage the civil and/or criminal liability of its author, in accordance with the provisions of articles L335-2 and following of the Intellectual Property Code. BIOPHA reserves the right to take legal action against any person who does not respect this prohibition.
Reproductions and storage of the content of the Site may only be for purposes other than strictly personal, private use, and therefore excluding any collective, professional or commercial use.
BIOPHA is not responsible for hypertext links pointing to its Site, using the technique known as “framing” or “deep linking”. These hypertext links are strictly prohibited without written, express and prior authorization from BIOPHA .
Availability of Site services
The Site is normally accessible by Customers twenty-four (24) hours a day, seven (7) days a week (7) and all year round except in the event of voluntary interruption or not and in particular during of maintenance.
BIOPHA is responsible for the content it has published itself. However, the information communicated on the Site is provided for information only, it is not contractual and BIOPHA cannot incur any liability for any inaccuracy in the information published. They may be modified or updated without notice.
BIOPHA also reserves the right, at any time and without notice, to make improvements and/or modifications to the Site.
In particular , BIOPHA cannot be held liable for:
- Damage of any kind, direct or indirect, resulting from the use of the Website and in particular any operating loss, financial or commercial loss, loss of programs and/or data in particular in the Customer's information system, linked in particular but not exhaustively to technical, computer or compatibility failures of the Site with hardware or software.
- Damage of any kind, direct or indirect, resulting from the content and/or use of the Site or to which Customers may have access via the Site.
- Omissions and/or errors that the Site may contain.
- Illegal content or activities that may be present on the Site without their having duly taken cognizance thereof within the meaning of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
The use of the Site implies a loyal attitude of the Customer, in compliance with the GCS, at the risk of seeing his liability engaged. He is responsible for the use he makes of the Site. BIOPHA cannot incur any liability if, in the event of force majeure or events beyond its control or of justified necessity, it were led to modify, suspend or delete the Site.
BIOPHA disclaims all liability relating to any Customer dissatisfaction with the content of the Site or its operation. BIOPHA cannot be held responsible in the event that one or more Customers are unable to connect to their customer account due to any technical defect or any problem related in particular to network congestion.
BIOPHA makes every effort to provide Internet users with available and verified information and/or tools, but cannot be held responsible for errors (including display on the Site, sending of erroneous e-mails), a lack of availability of information and/or the presence of viruses on the Site or on the websites to which the Site redirects, any malfunction of the Internet network preventing the proper functioning of the Site (in particular due to external malicious acts) ; interruptions, data transmission delays, failures of the terminal, Internet users' telephone line, servers, Internet access providers, telephone operators, computer equipment, software; the loss of any e-mail and more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical failure, any damage caused to a Customer's terminal, any technical, material and software of any kind, having prevented or limited the possibility of using the Site or having damaged a Customer's system.
It is up to all Customers to take all appropriate measures to protect their own data and/or software stored on their equipment against any attack. The connection of any person to the Site is under their sole responsibility. Similarly, the use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, the absence of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible viruses circulating on the network.
Any attempt by a Customer or by any person to deliberately damage the Site constitutes an infringement of civil and criminal regulations and BIOPHA reserves the right to prosecute any act of this nature.
Customers declare and acknowledge that they are aware of the characteristics, risks and constraints of the Internet and in particular that the transmission of data and information on the Internet only benefits from relative technical reliability, these circulating on heterogeneous networks with various characteristics and technical capacities which disrupt access or make it impossible at certain times.
Force Majeure
In the event of the occurrence of an event of force majeure as defined in Article 1218 of the Civil Code, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered mail with acknowledgment of receipt.
Force majeure is defined as any event beyond the control of the debtor, which cannot be reasonably foreseen upon acceptance of the Order and the effects of which cannot be avoided by appropriate measures, preventing the performance of its obligation by BIOPHA .
Expressly, are considered as cases of force majeure or fortuitous event those usually retained by the jurisprudence of the French courts and tribunals. Illnesses, epidemics or government measures preventing BIOPHA from performing its obligation are also considered as force majeure.
All of the parties' obligations will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
Contact
The customer has the option of contacting BIOPHA 's Consumer Service,
- either by telephone +33 (0)2 51 09 08 04,
- either via the following email address contact@densmore.fr,
- or by post addressed to BIOPHA – Consumer Service Densmore, Parc d’Activité Sud Loire, 85612 MONTAIGU Cedex – France
Miscellaneous
BIOPHA reserves the right to modify these T&Cs at any time, the Customer remaining subject to those to which he contracted at the time of taking out the Subscription. The version of the T&Cs online when placing the Order prevails over the previous versions of the T&Cs.
The fact that BIOPHA does not avail itself, at a given moment, of one of the provisions of these GCS cannot be interpreted as a waiver to avail itself of it later.
BIOPHA will have the option of assigning to any third party of its choice, in whole or in part, the rights and obligations resulting from these GCS.
The contracts entered into between BIOPHA and the Customer may not be assigned by the latter without the prior written consent of BIOPHA .
Partial invalidity of the T&Cs
If certain provisions of these GCS were declared invalid pursuant to a law, a regulation, or following a decision rendered by a competent court and which has become final, the other provisions shall retain their force and scope.
Applicable right
These T&Cs are subject to French law.
BIOPHA is a member of the Federation of Distance Selling Companies (FEVAD), and undertakes to respect its rules and practices.
In the event of a dispute, the consumer must submit his complaint in writing addressed to the Densmore Consumer Service in accordance with the procedures provided for in article 15 of these GCS.
In the absence of an amicable agreement having been able to be found and in accordance with articles L612-1 of the consumer code in France, the Customer may enter the FEVAD free of charge. The Customer can inquire at the following address: FEVAD 60, rue de la Boétie - 75008 Paris or contact the FEVAD mediation service via the following Internet address: https://www.mediateurfevad.fr/index.php /consumer-area-2/
Finally, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, consumers who have made an online purchase can submit their complaint to the site https://webgate .ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
In the event of mediation not being able to succeed, the consumer may seize either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event. .
APPENDIX 1: Withdrawal form
Form to be sent by registered mail with acknowledgment of receipt to the address below:
" To the attention of
BIOPHA
Densmore Consumer Services
South Loire Business Park
BOUFFERE
85 612 MONTAIGU Cedex
France
I hereby notify you of my withdrawal relating to the Order of the product(s) below:
Received on (*):
Order number :
Client name :
Customer address:
Signature of the Customer (only in the event of notification of this form on paper):
Date :