Terms of Sales - Boutique Esthetic-Planet

DEFINITION OF PARTIES

Between the Company Medcom Esthetic Planet,
10 bis place de Clichy, 2000, Paris
with a share capital of €2000,
registered with the Paris Trade and Companies Register,
under the number SIRET 453296220,
represented by Pierre Hollenbeck
as President,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person proceeding to the purchase of products or services of the company,
Hereafter, “the Buyer”, or “the Customer”
On the other hand,

PREAMBLE

The Seller is a publisher of products and services for booking medical appointments and other similar health care services marketed through its website (https://boutique.esthetic-planet.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.

ARTICLE 1: OBJECT

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.

ARTICLE 2 – GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company’s website at the following address: https://boutique.esthetic-planet.com/legal. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3 – PRICE

The prices of the products sold through the websites are indicated in Euros including VAT and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company’s websites are the responsibility of the Client. Where applicable also the delivery costs.

ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT

The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place his order. By making the payment, all documents sent and made available are deemed to be read and signed by the customer. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of instructions for payment, and payment of products. – Delivery of products. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason. For the purposes of proper execution of the order, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason. For the purposes of proper execution of the order, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 5 – PRODUCTS AND SERVICES

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies having received a detail of the terms of payment and performance of the contract. The Seller undertakes to honor the Customer’s order within the limits described by the documents transmitted and specific to the product. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the products, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter. the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter. the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.

ARTICLE 6 – LIABILITY CLAUSE

Through this Platform, we (MEDCOM SASU and its affiliated (distribution) partners) provide an online portal through which Clinics / Hospitals / Doctors and medical service providers can offer to book a pick-up date for the Service of services offered by suppliers. By using the Booking Platform (e.g., by making a Treatment Booking through the Booking Platform), you are entering into a direct (legally binding) contractual relationship with the Hospital / Clinic / Physician or Healthcare Provider. medical care from whom you made a reservation or purchased a product or service (if applicable). From the moment you make a Service Reservation, we only act as an intermediary between you and the Hospital/Clinic/Doctor or Medical Provider, passing on your booking details to the relevant Travel Provider(s) and sending you a confirmation email for and on behalf of the Hospital/Clinic/Doctor or Medical Provider. Medcom does not (re)sell, rent or offer any medical product or service.

The responsibility of MEDCOM is in no way engaged in the event of non-execution or poor execution of the medical services which are the responsibility of the clinic.

When providing our Booking Platform, the information we provide is based on information provided to us by Healthcare Providers. Clinics / Hospitals / Doctors and providers of medical services who offer and promote their products and services on the Platform are therefore given access to our system as well as to our extranet, thanks to which they hold full responsibility for updating all their rates/fees/prices, availability, terms and other important information displayed on our Platform. Although we strive to provide a quality Booking Platform, we cannot verify or guarantee the correctness, accuracy or completeness of the information, and we cannot be held responsible for any error (manifest error or typographical error) or interruption of service (due to a technical failure, whether temporary and/or partial or whether it is a breakdown , repair, update, improvement or maintenance of our Platform or otherwise), any inaccurate, misleading or erroneous information, or any lack of information. Each Hospital/Clinic/Doctor or Medical Care Provider remains responsible at all times for the precise, complete and accurate nature of the (descriptive) information concerning him and which is displayed on our Platform, including his tariffs/fees/prices, conditions and availability.

Our Booking Platform is only available for private, non-commercial use. You may therefore not resell, use, copy, monitor (for example, through a web crawler or screenshots), display, download, reproduce or deep link to any content or any information, reservations, software, tickets and/or any products or services available on our Platform in connection with a commercial or competitive activity or objective.

 

 

ARTICLE 7 – DELIVERY TERMS

Virtual products (reservation / voucher, etc.) are sent by email.

The other products are delivered to the delivery address which was indicated during the order and the time indicated. This time does not take into account the order preparation time. When the Customer orders several products at the same time, these may have different delivery times routed according to different methods. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him.

ARTICLE 8 – AVAILABILITY AND PRESENTATION

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.

ARTICLE 9 – PAYMENT

Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by credit card. Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.

ARTICLE 10 – WITHDRAWAL PERIOD

The buyer can cancel his order more than 21 Business Days before the start date of the reservation. Except particular mention linked to the specific product and mentioned in the reservation voucher. If the cancellation takes place more than 21 days before the start date of the reservation, the buyer can request a refund of the reservation costs or a purchase voucher.

Any cancellation less than 21 working days from the start date of the reservation cannot give rise to a refund unless otherwise specified related to the specific product and mentioned in the reservation voucher.

ARTICLE 11 – GUARANTEES

Concerning physical products (excluding service provision) and In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed. The refund request must be made by contacting the Seller by email or by simple letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – that he can choose between the replacement and the repair of the goods subject to the conditions provided for by the provisions aforementioned. apparently defective or not corresponding – that it is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).

Concerning virtual products and concerning the provision of services and reservations of dates: the seller assumes the guarantee of availability of the dates offered on the site.
The seller reimburses the buyer in the event of unavailability of the dates reserved.

ARTICLE 12 – COMPLAINTS

If necessary, the Buyer may submit any complaint by contacting the company by email or by registered letter.

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

Domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are either 1- the exclusive property of the seller and/or its partners 2- are used on our platform without infringing the privacy rights of other people (for example, breast implant trademarks are the property of the companies producing these implants, but are used by our partners who indicate that they have the right to use its trademarks for commercial purposes, and in particular on our platform.)
In this case we are not responsible for any products, software, images, videos, texts having been submitted by our partners who assume responsibility for the use of these intellectual property rights.

ARTICLE 14 – FORCE MAJEURE

The performance of the seller’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT

If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA

In accordance with the European regulations on the protection of personal data, you have the rights to query, access, modify, oppose and rectify the personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of this contract.

ARTICLE 17 – APPLICABLE LAW

Surgical acts are exclusively performed by the doctor and his team who are authorized to perform these acts. Medical and surgical procedures performed on the patient are the responsibility of the operating clinic and covered by the clinic’s medical liability insurance. The validity of the insurances and authorizations is to be verified by the buyer and are not the responsibility of the seller. For interventions solely for aesthetic purposes, the examinations, the intervention, the prescriptions and any work stoppage cannot be covered by health insurance.

MedCom cannot be held liable in the event of non-execution, poor execution or delay in the execution of one of the obligations incumbent on the Doctor.
MedCom Sasu will never take part in any form whatsoever and in particular by direction followed, even in the presence of a doctor, in the establishment of a diagnosis or the treatment of illnesses. Only the Doctor is authorized to do so.

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.