1. Purpose and acceptance of the general conditions
The exertier.fr site (hereinafter referred to as the “Site”) is an electronic commerce site accessible via the Internet at the address www.exertier.fr. It is open to any user of this network (hereinafter referred to as "Internet user"). It is edited by LABORATOIRE EXERTIER SAS (hereinafter referred to as "the seller"), a simplified joint stock company with capital of € 40,000, whose registered office is 294, avenue du Grand Champ 73600 Salins Fontaine, registered in the Register of Commerce et des Sociétés de Chambéry n ° 824 338 370 (hereinafter referred to as "the seller"). The Site allows LABORATOIRE EXERTIER SAS to offer for sale cosmetic facial care products of the “exertier” brand to Internet users browsing the Site (hereinafter referred to as “Users”). For the application of these conditions, it is agreed that the User and LABORATOIRE EXERTIER SAS will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User who has validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer. Any order for a Product offered on the Site implies consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the User. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form as specified in article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature. It is specified that the User can save or print these general conditions of sale, provided however that they do not modify them. These general conditions of sale are valid from November 1, 2015. LABORATOIRE EXERTIER SAS reserves the right to modify these General and specific conditions of sale at any time, without notice, it being understood that such modifications will not be applicable to reservations and to orders previously accepted and confirmed by the buyer. These conditions apply to the exclusion of any other document.
2. Products sold on exertier.fr
All product offers offered on the site are limited to Metropolitan France, Corsica, the Principality of Monaco, Belgium, Luxembourg, Germany, Austria, Spain (with the exception of Canary Islands, Melilla and Ceuta), United Kingdom (England, Northern Ireland, Scotland, Wales), Sweden, Denmark (except Faroe Islands and Greenland), Finland (except except Åland Islands), Croatia, Hungary, Ireland, Poland, Czech Republic, Romania, Slovakia and Slovenia. LABORATOIRE EXERTIER SAS delivers to all countries of the European Union, excluding Croatia, Italy, Cyprus and Malta, and also delivers to Monaco. However, the territories of EU countries located outside the geographical area of Europe (e.g. French overseas departments and territories) or those which apply official standards preventing the transport by air of all or part of the products sold on the Site (ex: IATA standard) are not served. In case of unavailability of one or more products after placing the order, you will be notified by e-mail. The amount of your order will be recalculated and you will be debited for the new amount, less any missing products. If your order is completely unavailable, you will be notified by email and you will not be charged.In accordance with Article L 111-1 of the Consumer Code, the Purchaser may, prior to his order, take note, on the exertier site, of the essential characteristics of the product (s) he wishes to order. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller.
3. Prices of products for sale on the site
The prices appearing on this Site are indicated in Euros all taxes included and are likely to change during the year, it being understood that the products ordered are invoiced at the prices in force at the time of the recording of the order. They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order. The shipping costs will be indicated before the order is registered by the Purchaser. The 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 LABORATOIRE EXERTIER SAS on its website. The prices are applicable in the context of distance selling. The selling prices of the products can be modified by LABORATOIRE EXERTIER SAS at any time. This modification will be notified to the Buyer before any order.
4. Product characteristics
The Buyer can select one or more products from the different categories offered on the LABORATOIRE EXERTIER SAS Site. LABORATOIRE EXERTIER SAS may modify at any time the range of products offered for sale on its Site, depending in particular on the constraints related to its suppliers, without prejudice to the Orders placed by the Purchaser. In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his Order, take note, on the LABORATOIRE EXERTIER SAS Site, of the essential characteristics of the product (s) he wishes. order. The products comply with French and Swiss legislation in force. LABORATOIRE EXERTIER SAS cannot be held liable in the event of non-compliance with the legislation of the country to which the product will be delivered (eg: in the event of a product ban, etc.). It is the Buyer's responsibility to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products and services that he intends to order. LABORATOIRE EXERTIER SAS cannot guarantee that the information entered on the packaging of products is translated into all the languages of the European Union. However, this information is available at least in French and / or English. For any question relating to the products and their use, any additional question or request for advice, the Purchaser can contact the customer service of the expert laboratory using the form on its website.
Any order implies acceptance without restriction or reservation of these general conditions of sale. The buyer, prior to his order, declares that the purchase of products on the exertier laboratory site is not directly related to a professional activity and is limited to strictly personal use, and that he has full legal capacity, allowing him to commit to these general conditions of sale. Upon registration of the order, a detailed acknowledgment of receipt thereof will be sent to the Purchaser, to the email address provided by him. This acknowledgment of receipt will specify the exact amount invoiced and the terms of delivery of the order. The Purchaser has the possibility to check the details of his draft order and to correct any errors.From the moment the Buyer confirms his order by clicking on the "Confirm your payment" icon, he is considered to have knowingly accepted these general conditions of sale, the prices, volumes and quantities of the products offered at the sale and ordered by the Purchaser The order validated by the Purchaser will be confirmed to him by LABORATOIRE EXERTIER SAS. The sale will only be considered final after the availability of this order confirmation to the Buyer by LABORATOIRE EXERTIER SAS and receipt by the latter of the full price. LABORATOIRE EXERTIER SAS recommends that the Purchaser keep the information contained in the order confirmation sent by LABORATOIRE EXERTIER SAS in a paper or computer document. LABORATOIRE EXERTIER SAS reserves the right, however, to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order. P >
6. PaymentsAll orders are payable in euros, all taxes and mandatory contributions included. Any bank charges (such as exchange commissions) remain the responsibility of the Buyer (including in the case of a refund). Payment must be made when ordering online by the Buyer. At no time may the sums paid be considered as a deposit or down payment. To pay for his order, the Buyer has the following payment methods:
- Bank card (Carte Bleue, Visa, American Express and Master Card) which must be issued by a banking or financial institution located in the European Union or in Monaco.
- Payment in installments with Alma. If you pay for your order in installments, you accept the general customer conditions of Alma . as well as the special Alma conditions for Unnamed Merchant customers .
The Purchaser guarantees to LABORATOIRE EXERTIER SAS that he has the necessary authorizations to use the method of payment he has chosen, when registering the order form. LABORATOIRE EXERTIER SAS reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of payment incident. Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts at the end of a period of ten days following the invoice date or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof. As part of the fight against fraud on the Internet, information relating to your order may be transmitted to any third party for verification. In order to ensure the security of payment by bank card, the buyer is obliged to send Cyberplus the visual cryptogram (CVV) of his bank card. LABORATOIRE EXERTIER SAS reserves the right to request a photocopy of the Buyer's identity card and / or, where applicable, of the bank card (front only) for any payment by bank card.
7. Delivery of ordersThe products will be delivered to the address indicated by the Buyer on the order form, by post or Chronopost depending on the delivery method chosen. Delivery will be made within an average of 2 to 5 days from receipt of the order form, depending on the delivery method chosen.
Characteristics of the "Colissimo Monitoring" delivery from the Post OfficeOn delivery, a distribution slip or an acknowledgment of receipt must be signed by the Purchaser or the recipient of the products ordered In the event of absence, the Purchaser or the recipient of the order receives a delivery notice allowing him to the products ordered at the post office indicated in the calling card, for a period of fifteen days. After this period, the package will be returned to the sender. The Buyer or the recipient of the products ordered is invited to check the apparent condition of the products upon delivery. In the presence of an apparent anomaly (damage, missing product compared to the delivery slip, damaged or broken package or product, etc.) noted during delivery in the presence of the La Poste employee, the Purchaser or the recipient of the products ordered is required to apply the Colissimo de la Poste procedure, in particular by reporting any damage or shortcomings noted and by formulating any complaints and reservations and to refuse the delivery by immediately issuing an anomaly report to the post office clerk (finding 170) . The Buyer or the recipient of the products ordered has a period of 3 clear days from receipt of the order to notify the carrier, by registered letter with acknowledgment of receipt, of any incident relating to the condition or content of the product. delivered package. He is also invited to report the problem encountered to LABORATOIRE EXERTIER SAS by contacting customer service using the form on the exertier.fr site.
Features of delivery by ChronopostOn delivery, the Purchaser or recipient of the products ordered is delivered by the Chronopost employee and electronically signs an acknowledgment of receipt. In the event of absence, the Purchaser or the recipient of the ordered product receives a calling card which invites him to go to the post office closest to his home in order to collect the package within a period of fifteen days. After this period, the package will be returned to the sender. The Buyer or the recipient of the products ordered is invited to check the apparent condition of the products upon delivery. In the presence of an apparent anomaly (damage, product missing from the delivery note, package or product damaged or broken, etc.), the Buyer or the recipient of the products ordered has a period of 3 clear days from receipt of the order to inform the carrier, on the delivery slip or by registered letter with acknowledgment of receipt, of any incident relating to the condition or content of the delivered package. He is also invited to report the problem encountered LABORATOIRE EXERTIER SAS by contacting customer service using the form on the exertier.fr site.
Rules applicable regardless of the country of delivery
In the event that the deadlines referred to above are exceeded not due to a case of force majeure, the Purchaser will have the possibility of canceling his Order under the following conditions: - After sending a formal notice to the Service LABORATOIRE EXERTIER SAS customers to make delivery within a reasonable additional time and as soon as this formal notice has remained ineffective or, - If the Purchaser proves that this delivery time was an essential condition for his Order. The formal notice or the request for cancellation of the Order must be sent by registered letter with acknowledgment of receipt to the contact details indicated in the "Contact us" section of the LABORATOIRE EXERTIER SAS Site.In the event that the investigation by LABORATOIRE EXERTIER SAS, the result of which will be proof concerning the dispute concerned, would reveal a fault attributable exclusively to LABORATOIRE EXERTIER SAS or to the carrier, LABORATOIRE EXERTIER SAS will reimburse all the sums paid by the '' Buyer and collected by LABORATOIRE EXERTIER SAS under the Order in question, on condition that the entire Order is returned by the Buyer to LABORATOIRE EXERTIER SAS The reimbursement will be made, in the form of a credit or a reimbursement as desired of the Purchaser, as soon as possible and at the latest within thirty days following the date on which the Purchaser has exercised his right to obtain the cancellation of his Order. Otherwise, if the Order is not returned in full or if the investigation does not reveal any fault exclusively attributable to LABORATOIRE EXERTIER SAS or to the carrier, the Purchaser may not claim reimbursement of the sums paid by him, nor to a new delivery of the products ordered, unless he demonstrates, by any means, that he is not responsible.
8. Return and refund of products
Procedures that must be followed when the package is damaged
- Colissimo delivery
• Do not open the package. Warning: opening the package excludes any recourse against La Poste and LABORATOIRE EXERTIER SAS
• Return the unopened package to the Post Office within five working days of delivery
• Report the refusal to LABORATOIRE EXERTIER SAS Customer Service using the form on the site
• Establish a "report of spoliation" with La Poste.
• Report the anomaly to LABORATOIRE EXERTIER SAS Customer Service using the form on the site
• The notification of incidents and the formulation of reservations must be carried out promptly and at the latest within 3 working days.
The products can be returned by the Buyer under the conditions and according to the instructions below: The products must imperatively be returned to LABORATOIRE EXERTIER SAS in a perfect state of resale, in their original state (packaging, accessories , notice ...), duly sealed, and accompanied by a copy of the invoice. LABORATOIRE EXERTIER SAS accepts the return of any item purchased on the site if it is returned within 7 days. from the date of receipt of his order by the Buyer. In principle, the shipping costs of the return package remain the responsibility of the Buyer. In the event of a technical anomaly or an error in the references delivered, the return costs will be reimbursed by LABORATOIRE EXERTIER SAS. To return an item, the Buyer must follow the following instructions:
1. Use the original packaging to return the product.
2. Attach the invoice corresponding to the order. Returns without a copy of the invoice will not be accepted.
3. Send the package to the following address: Laboratoire Exertier Service Retour 208 rue Saint Denis 75002 Paris, FRANCE Any risk associated with the return of the product is the responsibility of the Purchaser. Failure to comply with the procedure set out above and the deadlines indicated, the Purchaser may not formulate any claim for non-conformity or apparent defect of the delivered products, the products then being deemed to conform and free from any apparent defect. P >
9. Right of withdrawalIn accordance with Article L. 121-20 of the Consumer Code, the Purchaser has a period of 7 clear days from the date of receipt, to return, at his own expense, the products ordered, for reimbursement.The products must be returned to LABORATOIRE EXERTIER SAS in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by a copy of the invoice according to the procedure described in article 7 above. If the conditions set out above are respected, the refund will be made by credit card credit within 15 days of receipt of the package. Procedures for exercising the legal right of withdrawal The procedures for exercising the legal right of withdrawal are described in article 6.3 of these General Terms and Conditions of Sale.
9.1 Products excluded from the legal right of withdrawalIn accordance with article L.121-21-8 of the French consumer code, the right of withdrawal cannot be exercised for Orders relating to - the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection, Consequently the Purchaser is alerted to the fact that he will not be able to assert his contractual right of withdrawal on products unsealed by the latter, including a new marketing by LABORATORY EXERTIER SAS would present risks for reasons of hygiene or health protection for consumers (e.g. skin care products, make-up
9.2 Consequences of exercising the legal right of withdrawalIf the products can be the subject of the legal right of withdrawal, the Purchaser exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the products, may obtain a refund for the returned products.
9.3. FreshIn accordance with article L121-21-3 of the French Consumer Code, the cost of returning the products will remain the responsibility of the Purchaser except in the event of non-conformity of the products delivered with respect to the Order (in this case these return costs will be borne by LABORATOIRE EXERTIER SAS).
9.4 Right and contractual withdrawal periodAnxious to ensure the satisfaction of its Buyers and recipients of Orders, LABORATOIRE EXERTIER SAS accepts the return of products ordered on the LABORATOIRE EXERTIER SAS Site beyond the legal period mentioned above in 6.1.1, under the conditions provided below. -after (hereinafter the “contractual right of withdrawal”).
9.5 Period for exercising the right of contractual withdrawalThe Buyer or recipient of the Order has two (2) months from the date of receipt of the Order to return his Products.
9.6 Procedures for exercising the right of contractual withdrawalThe procedures for exercising the right of contractual withdrawal are described in article 6.3 of these General Terms and Conditions of Sale.
9.7 Products excluded from the contractual right of withdrawalThe contractual right of withdrawal cannot be exercised for Orders relating to: - the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection and, - the supply of goods made to the consumer's specifications or clearly personalized As a result, the Buyer is alerted to the fact that he will not be able to assert his contractual right of withdrawal on products which have been unsealed by the latter and of which a new marketing by LABORATOIRE EXERTIER SAS would present risks for reasons of hygiene or health protection for consumers (eg: skin care or make-up products).
9.8 Consequences of exercising the right of contractual withdrawalIf the Products can be the subject of the contractual right of withdrawal, the Buyer or the recipient of the Order exercising his contractual right of withdrawal under the conditions provided for in this article in terms of the deadline and terms of return of the Products, may obtain at his choice: - a credit for an amount equal to the price of the returned products, which can only be used on the LABORATOIRE EXERTIER SAS Site The Purchaser may also opt for: - a reimbursement by LABORATOIRE EXERTIER SAS of the returned products as well as the costs delivery of the Order.
9.9 FeesReturn costs will remain the responsibility of the Buyer or the recipient of the Order if it is the latter who exercises the contractual right of withdrawal, except in the event of a return due to lack of conformity of the products delivered with respect to the Order or in the event of a damaged product.
9.10 Procedures for exercising the legal right of withdrawal and the contractual right of withdrawal
The Purchaser or, where applicable, the recipient of the Order, must inform LABORATOIRE EXERTIER SAS of its desire to withdraw in one of the following ways: - Return the products concerned to one of LABORATOIRE EXERTIER SAS stores located on the territory of metropolitan France, Monaco or Luxembourg, - Return the products concerned by post (mail / parcel, etc.) to the address indicated in article 6.3.3 of these General Terms and Conditions of Sale, - Contact the Customer Service of the Exertier Laboratory within 14 (fourteen) days of the Order. In this case, the Purchaser may in particular use the model withdrawal form appended to these General Conditions of Sale and send it to the following address Laboratoire exertier 294 avenue du grand champ 73600 Salins Fontaine or by email to the following address: email@example.com. In this situation, the Customer is informed that it is not technically possible for LABORATOIRE EXERTIER SAS to block the shipment of products once their Order has been validated. The Order will then be sent to the Buyer and the Buyer undertakes, in accordance with Article L.121-21-3 of the Consumer Code, to return the products concerned within a maximum period of 14 (fourteen) days. from this information given to LABORATOIRE EXERTIER SAS In the event of receipt of the products beyond this 14-day period, LABORATOIRE EXERTIER SAS is informed of the Buyer's desire to withdraw from the contract is deemed to occur at the time of the 'actual dispatch of the products.
10. Retention of title
LABORATOIRE EXERTIER SAS retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
LABORATOIRE EXERTIER SAS cannot be held responsible for the non-performance of the contract in the event of an out of stock or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and / or communications. LABORATOIRE EXERTIER SAS cannot be held responsible for any indirect damage that may arise as a result of the purchase of the products. LABORATOIRE EXERTIER SAS cannot be held responsible for any loss of data or files. It is the Buyer's responsibility to take all necessary safeguards.LABORATOIRE EXERTIER SAS declines all responsibility: - for any interruption of the site; - for any occurrence of bugs; - for any inaccuracy or omission relating to information available on this site - for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the site; - and more generally any direct or indirect damage, whatever the causes, origins, nature or consequences, including in particular the costs that may arise from the acquisition of goods offered on the site, loss of profits, of customers , data or any other loss of intangible property that may occur due to anyone's access to the site or the inability to access it or the credit given to any information coming directly or indirectly from the latter
12. Intellectual property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all the elements, brands, designs, models, logos, graphics… etc… found on this Site as well as their compilation are the exclusive property of LABORATOIRE EXERTIER SAS, the latter not granting any license or any right other than that of consulting the Site. The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is sanctioned under Intellectual Property, except with the prior written authorization of LABORATOIRE EXERTIER SAS.
13. Applicable law and competent jurisdiction
Sales of LABORATOIRE EXERTIER SAS products are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between LABORATOIRE EXERTIER SAS and the Purchaser, even in the event of multiple defendants, will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the courts of Paris.