GENERAL TERMS AND CONDITIONS OF SALE BOPLUME DERMATOLOGY

Article 1 – Entirety

These terms and conditions constitute the entire agreement between the parties. By placing an order, the buyer is deemed to have accepted them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.boplumedermatologie.fr and will prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are published online.
If a sales condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

BOPLUME DERMATOLOGIE operates an online sales site for dermo-cosmetic products.
The seller therefore draws the consumer's attention to the following points:
Pursuant to Article L. 221-28 4° of the French Consumer Code, the right of withdrawal does not apply to perishable goods. The consumer must respect the product's use-by date, which is determined by either the Best Before Date (BBD) or the Period After Opening (PAO).
In the event of a package being held at a carrier or delivery person's premises, the customer must ensure that the product is not damaged during storage or kept for a period exceeding the minimum durability date.

Article 2 – Content

These terms and conditions define the rights and obligations of the parties in connection with the online sale of dermo-cosmetic products offered by BOPLUME DERMATOLOGIE to the buyer via the website www.boplumedermatologie.fr. These terms and conditions apply only to purchases made by buyers located in France and delivered exclusively within mainland France, excluding Corsica.
For all deliveries outside of France, please send a message to contact@boplumedermatologie.fr

Article 3 - Pre-contractual information

3.1 The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

3.2 The following information is provided to the buyer in a clear and understandable manner:
- the essential characteristics of the product sold;
- the price of the product sold;
- the method of calculating the price and, if applicable, any additional transport, delivery or postage costs and any other possible charges.
- all additional transport, delivery or postage costs and any other possible charges.

3.3 BOPLUME DERMATOLOGY provides the buyer with the following information:
- its name or company name, the geographical address of its registered office or home address, its telephone number and its email address;
- the terms of payment, delivery and execution of the contract, as well as the procedures provided by the professional for handling complaints;
- in the event of a sale, and within the limits of the nature of the products sold, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code respectively;
- the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of an open-ended contract.

Article 4 - The order

The buyer can place their order online, using the online catalog and the order form provided, for any product, subject to availability. If an ordered product is unavailable, the buyer will be notified by email.
For the order to be validated, the buyer must accept these terms and conditions by clicking in the designated area. They must then enter their address and select their payment method from the available options.

The sale will be considered final:
- after BOPLUME DERMATOLOGIE sends the buyer confirmation of acceptance of the order by email;
- and after the seller has received full payment.

All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer should call 09.82.67.64.87 (cost of a local call).

Despite all the care, quality and hygiene we put into our products, the buyer acknowledges that these are products that may change during transport, storage, temperature variations, etc.
Customers may cancel a product order and receive a refund if applicable, only within 24 hours of placing the order, before shipment. Once the package has been handed over to the carrier, the order cannot be canceled due to the specific nature and substances of the product. The right of withdrawal is legally excluded for the sale of perishable goods. Dermo-cosmetic products sold by BOPLUME DERMATOLOGIE may have a Best Before End (BBE) date, which the customer is responsible for verifying.

Article 5 - Electronic Signature

Providing the buyer's bank card number online and the final validation of the order will constitute proof of the buyer's agreement:
- payment of sums due under the purchase order,
- signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is asked to contact us immediately upon discovering such use at 09.82.67.64.87 or by email: contact@boplumedermatologie.fr

Article 6 - Order Confirmation

BOPLUME DERMATOLOGY provides the buyer with a copy of the contract electronically, which will also be kept on another durable medium, in accordance with the provisions of the Consumer Code.

Article 7 - Proof of the transaction

The computerized records, stored in BOPLUME DERMATOLOGIE's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information

The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractual.

Article 9 – Price

BOPLUME DERMATOLOGIE reserves the right to change its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on that date.

Prices are shown in euros. Delivery charges (postage, packaging, and handling according to current rates) are additional. Full payment is due at the time of order.
The amount requested from the customer at the time of payment corresponds to the total amount of the purchase, including these fees.
Under no circumstances may the sums paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be passed on to the selling price of the products.
The price is payable in full upon ordering or according to the deadline indicated upon acceptance.

Article 10 - Payment Method

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer may choose from all payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have all necessary authorizations to use the payment method chosen when validating the order. The seller reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is pending. The seller has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge.
As part of this verification process, the buyer may be asked to email the seller a copy of their identification and proof of address. The order will only be validated after the seller has received and verified the documents sent.
Payments made by the buyer will only be considered final after the seller has effectively received the sums due.

Article 11 - Product Availability - Refunds - Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to stock availability, as specified by the seller and indicated below. Shipping times begin from the order registration date indicated on the order confirmation email.
For deliveries in Metropolitan France, the delivery time is usually three (3) working days from the day after the buyer placed their order.
This is an average delivery time. The seller strives to maintain timely delivery conditions due to the nature of the products sold. For their part, the customer must collect their package within a reasonable timeframe for the same reasons. The seller cannot be held responsible for any delays in collection that result in damage to the products sold or exceeding their expiration date due to the buyer's actions.
If the agreed delivery date or deadline is not met due to the seller's fault, the buyer must, before terminating the contract, give the seller notice to perform within a reasonable additional period.
If the contract is not executed by the expiry of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written notice informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment, or an exchange of the product.

Article 12 - Delivery Terms

Delivery is defined as the transfer of physical possession or control of the goods to the consumer. It is only made after confirmation of payment by the seller's bank.
The ordered products are delivered according to the following methods: Colissimo or tracked letter.

No deliveries are made to campsites, hotels, post office boxes, or general delivery addresses. Products are delivered to the address provided by the buyer on the order form; the buyer is responsible for ensuring its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may request that the invoice be sent to the billing address instead of the delivery address by selecting the corresponding option on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and during the time period indicated.
If, upon delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note this on the delivery slip (package refused because it was open or damaged).
The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.
Regarding the Best Before End (BBE) date, if products need to be returned to the seller, a return request must be submitted to the seller within 24 hours of delivery. Any claim made after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.), subject to the storage and handling requirements for perishable goods.

Article 13 - Delivery Errors

The buyer must notify the seller of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the order form, either on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.
The claim may be made, at the buyer's discretion:
- Telephone number: 09.82.67.64.87
- Email address: contact@boplumedermatologie.fr
Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from all liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number to the product(s) in question and communicate it to the buyer by email. A product exchange can only take place after the exchange number has been assigned.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller within 24 hours, in its entirety and in its original packaging, via Colissimo Registered Mail, to the following address:
BOPLUME DERMATOLOGY
Registered office: 22 Alan Turing 63000 CLERMONT-FERRAND
Return shipping costs are the responsibility of the seller.

Article 14 - Transfer of Risks

Ownership of the goods sold is transferred to the buyer as soon as the parties agree on the goods and the price. Consequently, the transfer of ownership of the products and the associated risks of loss and damage is borne by the buyer upon acceptance of the order by the seller.
The seller is relieved of the delivery, which is entrusted to an independent carrier, according to the buyer's choice.
The customer will then need to provide the delivery address to the carrier.
Delivery is deemed to have taken place upon the seller handing over the ordered products to the carrier.
Under these conditions, the buyer therefore has no recourse for warranty against the seller in the event of non-delivery of the transported goods.

Article 15 - Product Warranty

15.1 Legal guarantee of conformity and legal guarantee against hidden defects

Within the limits imposed by the very nature of the products, the seller guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects in the goods sold as defined in Articles 1641 et seq. of the Civil Code. In the event of implementation of the legal guarantee of conformity, it is noted that:
- the buyer has a period of 2 years from the delivery of the goods to take action;
- the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer is exempt from providing proof of the existence of the non-conformity of the goods during the 6 months following delivery of the goods.

Article 16 - Right of withdrawal

It is recalled that the right of withdrawal is excluded for sales of goods made to the buyer's request or clearly personalized as well as for goods which are perishable or which may deteriorate rapidly in application of article L. 221-28 4° of the Consumer Code.

For any other product sold, in accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order, to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 15 days of notifying the seller of the buyer's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing for their resale as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted for return.
The right of withdrawal can be exercised online using the withdrawal form available on the website www.boplumedermatologie.fr. In this case, an acknowledgement of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is also accepted, provided it is unambiguous and clearly expresses the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.
Return shipping costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days of the seller's receipt of the products returned by the buyer under the conditions set out above.

Article 17 - Force majeure

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the parties' obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, and independent of their will, which cannot be prevented by them despite all reasonable efforts. Specifically, in addition to those typically recognized by French courts, the following shall be considered force majeure or fortuitous events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, and the disruption of telecommunications networks or difficulties specific to telecommunications networks external to the client.
The parties will consult to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the affected party.

Article 18 - Intellectual Property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of BOPLUME DERMATOLOGIE, the sole holder of intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

Article 19 - Data Processing and Freedoms

BOPLUME DERMATOLOGY acts as the data controller.
The personal data provided by the buyer as part of the online sales contract is necessary for processing their order and issuing invoices. This includes the buyer's name, postal address, email address, telephone number, and bank details.
They are kept for 5 years from the date of receipt of the Product.
This information may be shared with the seller's partners responsible for order fulfillment, processing, management, and payment. It is not transferred outside the European Union. The technical service provider managing the website ensures the implementation of security and technological compliance rules.
The buyer has a permanent right to access, modify, rectify, transfer, and object to information concerning them. This right can be exercised under the conditions and according to the procedures defined on the website www.boplumedermatologie.fr

Article 20 - Partial invalidation

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

Article 21 - Non-waiver

The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.

Article 22 – Title

In case of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses, and any of the clauses themselves, the headings shall be declared non-existent.

Article 23 - Contract Language

These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 24 – Mediation

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
To contact the Consumer Mediator FCD – 12 rue Euler 75008 Paris – www.mediateur.fcd.fr).
In accordance with Article L612-2 of the Consumer Code, the dispute cannot be examined by the consumer mediator when:
1. The consumer does not justify having attempted, beforehand, to resolve his dispute directly with the professional by means of a written complaint according to the procedures provided for, where applicable, in the contract;
2. The request is manifestly unfounded or abusive;
3. The dispute has been previously examined or is currently being examined by another mediator or by a court;
4. The consumer submitted their request to the mediator more than one year after their written complaint to the professional;
5. The dispute does not fall within its jurisdiction.
At the European level, Customers are invited to visit the following online dispute resolution platform: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable agreement between the Parties at the end of one of these procedures, the dispute will be submitted to the competent French courts.

Article 25 - Applicable Law

These terms and conditions are governed by French law, excluding the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer should first contact the seller to seek an amicable solution.
The place of delivery, the physical handover of the item, determines the competent court.

APPENDIX 1 – Summary of provisions relating to legal guarantees

Article L. 217-4 Consumer Code
The seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.

Article L. 217-5 Consumer Code
The property conforms to the contract:
If it is fit for the purpose for which similar goods are normally used and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code:
When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.

Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

Article 1648, paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

APPENDIX 2 - Withdrawal Form

For all non-perishable products
(Please complete and return this form only if you wish to withdraw from the contract).

To the attention of BOPLUME DERMATOLOGY
Head office: 22 Allée Alan Turing 63000 Clermont-Ferrand

— I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods/services (*) [Indicate the product(s)/service(s) for which you are withdrawing]
— Ordered on (*)/received on (*).
— Order No.
— Name of consumer(s)
— Consumer address(es)
— Signature of the consumer(s) (only if this form is submitted on paper)
- Date

(*) Delete as appropriate