Object

The purpose of these terms of use is, on the one hand, to inform any potential consumer about the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. These terms of use apply, without restriction or reservation, to all products offered for sale by the company 55 MEDISPA on its website. Consequently, the fact for any person to order a product offered for sale on the website of the company 55 MEDISPA implies full and complete acceptance of these terms of use, which the buyer acknowledges having read prior to his order. The products are offered for sale internationally.

The buyer, prior to his order, declares that:

• the purchase of products on the website of the company 55 MEDISPA is not directly related to his professional activity and is limited to strictly personal use,
• have full legal capacity allowing him to commit to these conditions of use, however, the use of the site (consultation, purchase), by a person affected by incapacity within the meaning of article 1123 and following of the Civil Code, will then be under the responsibility of his legal representative.

The company 55 MEDISPA reserves the right to modify these conditions of use at any time.

Company Identity

Name: 55 MEDISPA SARL
Address: 158 avenue du Maine, 75014 Paris
Siren: RCS PARIS B 478 748 254

Access to the site

The buyer is personally responsible for setting up the IT and telecommunications resources enabling access to the 55 MEDISPA website. The buyer is responsible for telecommunications costs when accessing the Internet and using the site.

Rates

The sales prices of products online on the 55 MEDISPA website, indicated in euros (€), are those in effect at the time the purchase order is registered by the buyer. They do not include packaging and shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs are indicated before the buyer registers the order. Prices include the value added tax (VAT) applicable on the day of the order, and any change in the applicable rate will be automatically reflected in the price of the products sold by 55 MEDISPA on its website. Sales prices may be modified at any time; this modification will be notified to the buyer before any order is placed.

Products

In accordance with Article L. 111-1 of the Consumer Code, the buyer may, prior to placing an order, find out, on the 55 MEDISPA website, the essential characteristics of the product(s) they wish to order. The buyer selects one or more products from the different categories offered on the 55 MEDISPA website. The offers presented by 55 MEDISPA on its website are valid while stocks last. The photographs, graphics and descriptions of the products offered for sale are for information purposes only and do not bind the seller in any way.

The buyer, having taken note of the products and their characteristics, marketed by the company 55 MEDISPA, has, under his sole responsibility and according to his needs as he has previously determined them before any order, made his choice on the product(s) which are the subject of his order. In addition, the buyer, knowing alone the products that he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him. It is exclusively up to the buyer, if he does not consider himself sufficiently competent, to seek assistance from an advisor.

Order

Any order implies unconditional and unreserved acceptance of these terms of use, and the buyer will be asked to validate them during the last step of the order. From the moment the buyer has registered his order by clicking on the “validate” icon, he is considered to have knowingly and unreservedly accepted these terms of use, the prices, volumes and quantities of the products offered for sale and ordered. In accordance with the legal and regulatory provisions in force, it is recalled that the validation of the order form constitutes an electronic signature which has, between the buyer and the seller, the same value as a handwritten signature and constitutes proof of the entirety of the order and the due date of the sums due in execution of said order. The buyer’s order will be confirmed by the company 55 MEDISPA by email. The sale will only be final after the company 55 MEDISPA has sent the buyer confirmation of the order and has received payment of the full price. The company 55 MEDISPA recommends that the buyer keep this information on a paper or electronic document. The company 55 MEDISPA sells the products on its site only at retail and to end consumers. Any order that does not clearly correspond to a retail sale and, more generally, any fraudulent order or presumed as such, will be considered by the company 55 MEDISPA as null and void.

Payment

Payment must be made when the buyer places the order. At no time can the amounts paid be considered as deposits or down payments. All orders are payable in euros. To pay for their order, the buyer can use the following bank cards: Carte Bleue, Visa and Master Card. The buyer guarantees to 55 MEDISPA that they have the necessary authorizations to use the payment method they have chosen when registering the order form. 55 MEDISPA reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount that would be due by the buyer or in the event of a payment incident. Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the preceding provisions. The company 55 MEDISPA reserves the right to request a photocopy of the buyer’s identity card for any payment by bank card considered “at risk”. Only bank cards issued by a banking institution domiciled in France are accepted. In order to ensure the security of payment by bank card, the buyer is required to transmit the visual cryptogram (CVV) of his bank card. The transaction is carried out securely through the payment service of the Caisse d’Epargne (SP Plus). All data entered by the buyer when paying by bank card is immediately encrypted using the SSL protocol and recorded on the Caisse d’Epargne server. The information is entered directly in connection with the payment server of the Caisse d’Epargne. This information is only known to the Caisse d’Epargne server, no payment data concerning the buyer is stored on the site of the company 55 MEDISPA, avoiding any possibility of fraud by hacking the site. The company 55 MEDISPA never knows the bank card number entered.

Delivery

The products are delivered to the address indicated by the buyer on the order form, in mainland France and Corsica. A copy of the invoice is attached to the package. Failure to comply with the procedures set out below will result in no complaints from the buyer being respected.

The products are delivered by Colissimo suivi (Service Colis Poste). The buyer is delivered to his home by his postman. In case of absence, the buyer or the recipient of the ordered product receives a notice of passage from his postman, which allows him to collect his parcel, at the nearest post office, within fifteen days. The buyer is required to check, in the presence of the post office employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event that the buyer has any doubts of any nature whatsoever about the condition or contents of his parcel, he is required:

• to apply the Colissimo procedure (in particular to report any damage, all complaints and reservations) and to refuse the goods by immediately issuing a report of anomaly to the Post Office employee (report 170).
• to report these incidents to the company 55 MEDISPA by registered letter with acknowledgment of receipt, within 48 hours.

In the event of an incomplete address, incorrect address, refusal of the package by the recipient or lack of information resulting in an inability to deliver the order, the company 55 MEDISPA will not be held responsible for the additional delivery time. In the event of a second presentation of the order, the company 55 MEDISPA reserves the right to claim from the buyer the costs corresponding to this second delivery.

Time limit

The average delivery times observed, following validation of the order are 3 to 5 working days. In accordance with the provisions of Article L. 138-1 of the Consumer Code, the products ordered will be delivered, in the absence of indication or agreement as to the delivery date, within a maximum period of 30 days from the day following that on which the buyer registered his order, subject to full payment of the price. In the absence of delivery at the end of this period, the buyer will have the possibility of canceling his order. This cancellation must be made by registered letter with acknowledgement of receipt or in writing on another durable medium. The order is considered canceled upon receipt by the company 55 MEDISPA of the letter or writing informing it of this cancellation, unless the order has been delivered in the meantime (Article L. 138-2 of the Consumer Code). If the order is cancelled under the conditions set out in Article L. 138-2, all sums paid by the buyer will be refunded to him/her no later than 14 days following the date on which the order was considered cancelled (Article L. 138-3 of the Consumer Code). In the event of a delay in delivery compared to the date initially set, the buyer must report this in writing (registered letter with acknowledgement of receipt) to 55 MEDISPA in order to allow 55 MEDISPA to conduct an investigation with the carrier. An investigation with the carrier may last 21 working days. If the product is found during this period, it will be immediately re-routed to the delivery location specified in the order form. However, if the product is not found at the end of this 21-day investigation period, 55 MEDISPA will, at its own expense, resend the products ordered by the buyer. In the event that the ordered product is no longer available, the provisions referred to in the article “Right of withdrawal” (see below) will apply. In the event of an exchange of the product, the delivery costs are the responsibility of the buyer.

Return of products

Products that do not conform to the order, are damaged or defective, may be returned by the buyer under the conditions and according to the instructions below. The products must be returned, within 14 days, to the company 55 MEDISPA in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), and accompanied by a standard notice of withdrawal (freely downloadable from the internet) or, failing that, by simple, unambiguous mail, expressing the desire to withdraw. This notice and/or mail must include the sender’s full contact details.

The company 55 MEDISPA accepts the return of any item purchased on its website www.medispa.fr if it is returned within 14 days from the date of receipt of the order by the buyer. The shipping costs of the return package remain the responsibility of the buyer. The initial costs are not refunded. To return an item, the buyer must follow the following instructions:

• use the original packaging to return the product,
• attach a duly completed explanatory letter (reasons for return, date of purchase, order number, invoice number) and signed,
• send the package by registered mail with acknowledgment of receipt to the following address:

55 MEDISPA
Returns Service e-boutique
158 Avenue du Maine
75014 Paris

The company 55 MEDISPA does not accept packages sent by postage due or cash on delivery. Any risk related to the return of the product is the responsibility of the buyer. Failure to comply with the procedure set out above and the deadlines indicated will result in the buyer not being able to make any claim for non-conformity or apparent defect of the products delivered, the products then being deemed compliant and free from any apparent defect.

Right of withdrawal

In accordance with Article L. 121-20 of the Consumer Code, the buyer has a period of 14 clear days from the date of receipt to return, at his own expense, the products ordered on his website, for reimbursement by the company 55 MEDISPA. The products must imperatively be returned to the company 55 MEDISPA in a perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), and accompanied by a standard notice of withdrawal (freely downloadable from the internet) or, failing that, by simple mail, free of ambiguity, expressing the desire to withdraw. This notice and/or mail must include the full contact details of the sender, in accordance with the provisions referred to in the article “Return of products” (see above).

Reimbursement terms

Refunds are processed within 14 days from the date the shipment is received. Refunds are made by bank check, sent to the billing address on the order and made out to the buyer.

Retention of title

The company 55 MEDISPA retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.

Responsibility

The company 55 MEDISPA is fully liable to the buyer for the proper execution of the obligations resulting from the contract concluded remotely (article L. 121-19-4 of the consumer code). The company 55 MEDISPA cannot be held liable for any indirect damage that may arise from use that does not comply with the “conditions of use” indicated for each of the products purchased. The company 55 MEDISPA cannot be held liable for any loss of data and files; the buyer is responsible for making all necessary backups. The website of the company 55 MEDISPA may contain information from third parties and links to other websites. The company 55 MEDISPA cannot be held liable for damage resulting from the use of, access to, or inability to use this third-party information, nor for the content of other websites. The company 55 MEDISPA declines all responsibility in the event of any imprecision, inaccuracy or omission relating to information available on the site resulting from fraudulent intrusion by a third party leading to a modification of the information.

Partial invalidity

If one or more provisions of these terms of use are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Non-waiver

The fact that the parties do not assert a breach by the other party of any of the obligations referred to in these conditions of use cannot be interpreted for the future as a waiver of the obligation in question.

Applicable law and competent jurisdiction

Sales of products by 55 MEDISPA are subject to French law. The language of this contract is French. Any dispute relating to the interpretation, execution or termination of the contract concluded between 55 MEDISPA and the buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the courts of the defendant.

Intellectual property rights

This site and all elements found therein (brand, designs, logos, models, graphics, etc.) as well as their compilation and formatting are the property of the company 55 MEDISPA. The user of the site is therefore prohibited from distributing or reproducing the site, in whole or in part, or in any form whatsoever. The company 55 MEDISPA reserves the right to request damages and any other form of recourse in the event of infringement, in any form whatsoever, of its intellectual and industrial property rights. MEDISPA is a brand name registered with the INPI.

Information Technology and Freedoms

The information collected by the company 55 MEDISPA during any order from the buyer is necessary for the management of his order. In accordance with the law “Informatique et Libertés” n° 78-17 of January 6, 1978, the buyer has a right of access, rectification, opposition and deletion of data concerning him with the company 55 MEDISPA (email or registered letter with acknowledgment of receipt).

Modification of the conditions of use

Given the developments of the site, the company 55 MEDISPA reserves the right to modify these conditions of use at any time. The new conditions of use will be available online on the site www.medispa.fr and will only apply to sales made after the modification. It is up to the buyer to check the existence of new clauses in the conditions of use present here with each new order.