TERMS AND CONDITIONS OF SALE & USE
The General Terms and Conditions of Sale described hereafter are concluded between, on the one hand, LES PANACÉES, SAS with a capital of €5,500 registered with the RCS of Paris under the number 840 761 787, having its registered office at 68, rue du Cherche Midi 75006 Paris, hereafter "Les Panacées" and, on the other hand, any person having made a purchase on the www.lespanacees.com website, hereafter referred to as "the Customer". Any customer who purchases on the site www.lespanacees.com
, hereinafter referred to as "the site" is deemed to have read and accepted in full the general conditions of sale below before validating his order.
ARTICLE 1 - DEFINITIONS
Customer: designates any user who purchases a Product through the Site.
Sales Order: shall designate the process whereby the Customer selects the Products that he wishes to purchase and have them delivered to him. An Order is finalized when the Customer has selected the Products he wishes to have delivered and when he has paid the amount to be paid. Once finalised, the Order is taken care of by LES PANACÉES, which will proceed with the dispatch of the Products ordered in accordance with the terms and conditions of these Terms and Conditions of Sale.
Contract: refers to these GCS. Consequently, the Customer waives the right to avail himself of any contradictory document which would be opposed to the Contract, and which would consequently be unenforceable against LES PANACÉES.
Personal data: refers to all personal information relating to the Customer, a natural person, provided by him when placing the Order.
Parties: refers jointly to LES PANACÉES and the Users of the Site.
Products: shall designate all Products available for sale on the Site.
User: shall designate any individual or legal entity accessing the Site, whether or not he/she is a Customer.
ARTICLE 2 - PURPOSE OF THE GVC'S
2.1. The purpose of the present Terms and Conditions of Sale is to define the conditions under which Users can access the Site, place Orders and manage the relationship between LES PANACÉES and the Users, including all the rights and obligations arising therefrom.
2.2. They apply in the relations between Users among themselves and between Users and LES PANACÉES. All Users undertake to respect, without restriction or reservation, these GTC, whether they visit the Site or place an Order. The GCS are notified to the Users for acceptance prior to any Order on the Site.
2.3. LES PANACÉES reserves the right to modify these conditions over time. The conditions applicable to any Order are those in force at the time the Order is placed.
2.4. The prevailing version of the GCS is the latest version available on the Site.
2.5. Each new Order requires the acceptance of the GCS by the Customer, which the latter acknowledges and accepts. If Users do not accept the GCS or their subsequent modifications, they must renounce any use of the Site.
2.6. The User declares having obtained from LES PANACÉES, prior to his Order, all the information on the Products and the delivery terms and conditions. He declares that he is solely responsible for the choice of Products and their suitability to his needs.
2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he must have the authorisation of his legal representative to place an Order, which he expressly acknowledges and accepts.
ARTICLE 3: PRICES
All prices presented on the Site are in euros and include all taxes. LES PANACÉES reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of his Order.
These prices do not include shipping costs, invoiced in addition to the price of the products purchased. The shipping costs will be indicated before the Customer places the Sales Order. The different shipping methods are shown on the Site; they may be modified at any time by LES PANACÉES.
ARTICLE 4: PRESENTATION OF PRODUCTS
The products visible on the site www.lespanacees.com are only deliverable within the limits of available stocks. In the absence of availability of the product, LES PANACÉES undertakes to inform the customer as soon as possible by e-mail. The customer will then have the possibility to choose another article or to cancel his order and be refunded.
Any claim by the customer concerning the order or the delivery of an unavailable item will be considered unfounded.
LES PANACÉES strives to describe the products offered for sale with the greatest possible accuracy. However, if errors may have occurred with regard to this presentation, the responsibility of LES PANACÉES cannot be engaged. The illustrations and photos of the products in support of the text do not enter into the contractual field. Under no circumstances can the responsibility of LES PANACÉES be engaged on the basis of these illustrations / photos.
ARTICLE 5: ORDER
By placing an Order, the Customer accepts the present General Terms and Conditions of Sale, without prejudice to the special contractual conditions concluded between the Parties.
The User may browse the Site without any obligation to purchase. In order to place an Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket.
The Customer is required to provide complete, up-to-date and fair information, and LES PANACÉES cannot be held liable in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges. The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Before validating his Order, the Customer has the possibility to check the details of his draft Order and to correct any possible errors.
Once the Sales Order has been finalized, LES PANACÉES will confirm the Sales Order by sending an e-mail to the Customer at the address indicated on the Sales Order form.
The Sales Order is concluded as soon as the Customer confirms his/her Sales Order by validating the payment. The client is considered to have fully understood and accepted the contents and conditions of the Sales Order in question, notably the General Terms, the fact that the Sales Order implies an obligation on his part to pay, the prices, volumes, characteristics, quantities and delivery lead times of the Products offered for sale and ordered by the client. The Sales Order will be validated once the payment has been fully processed and received by LES PANACÉES.
Once the Sales Order has been validated, the client will no longer be able to cancel the Sales Order. The sale will be final (subject to the client exercising his right to cancel the Sales Order under the conditions set out in article 8 of the present General Sales Conditions). The Sales Order will be confirmed to the client by any appropriate means and an e-mail will be sent to the client at the time of shipment of the Sales Order.
If one or more Products are unavailable after the Sales Order has been placed, the client will be informed by e-mail. The client will have the choice to be reimbursed for the amount corresponding to the unavailable Products, or to choose another article of the same amount as the unavailable Products.In any case, LES PANACÉES cannot be held responsible for any prejudice suffered by the Customer, nor held liable for any damages.
LES PANACÉES reserves the right to modify at any time the range of products offered for sale on the Site, without prejudice to the Sales Order placed by the Customer.
ARTICLE 6: TERMS OF PAYMENT
The price is payable cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
By credit cards: Visa, MasterCard, American Express, Discover, Diner's Club, JCB, Union Pay, Apple Pay, Paypal.
LES PANACÉES will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
The payments made by the Customer will only be considered final after effective collection of the sums due by LES PANACÉES.
The delay of payment will involve the immediate exigibility of the totality of the sums due by the Customer, without prejudice to any other action that LES PANACÉES would be entitled to institute, for this reason, against the Customer.
In addition, LES PANACÉES reserves the right, in case of non-respect of the payment conditions mentioned above, to suspend or cancel the delivery of the current orders made by the Customer.
No additional costs, higher than the costs borne by LES PANACÉES for the use of a means of payment can be charged to the Customer.
ARTICLE 7: DELIVERY
Delivery costs will be specified on the Site, including all taxes, during the Order process and must be accepted by the Customer at the time of the validation of the Order.
They will appear on a specific line separate from the line specifying the price of the Products.
It is expressly stated that the amount of the delivery costs may vary according to the delivery territory of the Products, which the Customer expressly acknowledges and accepts.
Delivery times exclude Saturdays, Sundays and public holidays.
In application of article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the times specified during the Product Order process and before the validation of the said Order.
However, LES PANACÉES uses an external service provider (La Poste - Lettre de suivi) for the delivery of the Products, LES PANACÉES is totally dependent on this third party service provider. The delivery times indicated on the Site may thus be impacted by the service provider without LES PANACÉES being responsible for these delivery delays and the consequences that could result from them.
The transfer of risks and responsibility relating to the Products takes place upon receipt of the Products by the Customer and when the tracked letter is indicated on the tracking site of La Poste as "Distributed". From this date, the Customer shall be solely and exclusively responsible for them, their use and any consequences that may result from their use. Consequently, the Customer undertakes to check, at the time of delivery, that the delivered Order is complete, compliant and has not been damaged.
ARTICLE 8: RETURN & EXCHANGE
In accordance with article L221-24 of the Consumer Code, the customer has a 14-day period to exercise his right of withdrawal. Within 14 days following the date of receipt of the goods ordered, the customer may therefore request the exchange or reimbursement of the item(s) purchased without having to justify the reasons or pay a penalty, provided that the Products are returned in their original packaging and in perfect condition allowing them to be put back on the market, accompanied by the purchase invoice.
Beyond the 14-day period, LES PANACÉES will be free to refuse the exchange, credit note or refund.
To exercise the right of retraction, the Customer must notify LES PANACÉES (68 rue du Cherche Midi Paris 75006 - www.lespanacees.com
) of his decision to retract before the expiry of the period by means of an unambiguous statement (for example, letter sent by post or e-mail).
The return of the Product is carried out at the Customer's own risk. If the package is lost, stolen or damaged during the product return, LES PANACÉES reserves the right to refuse the refund of the returned product(s).
In case of exercise of the right of retraction within the above-mentioned time limit, only the price of the Product(s) purchased will be refunded; the return costs remaining at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days from the receipt, by LES PANACÉES, of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 9: CONFIDENTIALITY
In accordance with the French law "informatique et libertés" n°78-17 of 6 January 1978 as amended, the processing of personal data of the Client is governed by the CNIL and the Client has the right to access, modify, rectify and delete data concerning him/her by contacting LES PANACÉES, 68 rue du Cherche Midi Paris 75006 - www.lespanacees.com.
The Client can subscribe to the newsletter LES PANACÉES and thus choose to be regularly informed of the offers proposed. He has, at any time, the possibility of unsubscribing by clicking on the link provided for this purpose on each of the newsletters.
ARTICLE 10: INTELLECTUAL PROPERTY
The LES PANACÉES website and all the elements contained therein, whether visual, textual or audio, are the exclusive property of LES PANACÉES. Any total or partial reproduction without agreement is prohibited and punishable by law.
ARTICLE 11: LIABILITY
LES PANACÉES cannot be held responsible for any events, inconveniences or damages inherent to the use of the Internet network, particularly in the event of a break in service, external intrusion or the presence of computer viruses.
Furthermore, LES PANACÉES cannot be held responsible for the non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption or total or partial strike, particularly of the postal services and means of transport and/or communications, flooding, fire. LES PANACÉES shall not incur any liability for any indirect damages as a result of the present contract, operating loss, loss of profit, damage or expenses, which may arise.
ARTICLE 12: LEGAL GUARANTEES
The products sold on the www.lespanacees.com website are subject to the legal guarantee of conformity set out in articles L.217-4 and following of the Consumer Code and to the guarantee against hidden defects set out in articles 1641 and following of the Civil Code.
ARTICLE 13: CUSTOMER SERVICE AND KNOWLEDGE
For any question about your order, its shipping and tracking, you can contact LES PANACÉES:
By e-mail to: firstname.lastname@example.org
By mail: LES PANACÉES, 68 rue du Cherche Midi, 75006 PARIS