1. Purpose and acceptance of the general terms and conditions
The exertier.fr site (hereinafter referred to as the “Site”) is an e-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 published by LABORATOIRE EXERTIER SAS (hereinafter referred to as “the seller”), a simplified joint stock company with a capital of €40,000, whose registered office is at 294, avenue du Grand Champ 73600 Salins Fontaine, registered with the Chambery Trade and Companies Register No. 824 338 370 (hereinafter referred to as “the seller”).
The Site enables LABORATOIRE EXERTIER SAS to offer for sale, facial care cosmetic products of the brand “exertier” to Internet users browsing the Site (hereinafter referred to as “Users”). For the application of the present contract, 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 having validated an order will then be referred to as the “Buyer”. The rights and obligations of the User mandatorily apply to the Buyer.
Any order for a Product offered on the Site presupposes the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being demonstrated by a handwritten signature from the User. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30th March 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 may save or print the present general terms and conditions of sale, provided that they are not modified.
These general terms and conditions of sale are valid from 1st November 2015.
LABORATOIRE EXERTIER SAS reserves the right to modify the present General and Specific Terms and Conditions of Sale at any time, without prior notice, it being understood that such modifications will be inapplicable to reservations and orders previously accepted and confirmed by the buyer. These terms and conditions apply to the exclusion of all other documents.
2. Products marketed on exertier.fr
All the offers of products proposed on the site are limited to Metropolitan France, Corsica, the Principality of Monaco, Belgium, Luxembourg, Germany, Austria, Spain (with the exception of the Canary Islands, Melilla and Ceuta), the United Kingdom (England, Northern Ireland, Scotland, Wales), Sweden, Denmark (with the exception of the Faroe Islands and Greenland), Finland (with the exception of the Åland Islands), Croatia, Hungary, Ireland, Poland, the Czech Republic, Romania, Slovakia and Slovenia. LABORATOIRE EXERTIER SAS delivers to all countries of the European Union, except Croatia, Italy, Cyprus and Malta, and also delivers to Monaco. However, the territories of EU countries outside the geographical area of Europe (e.g.: French Overseas Departments) or those who apply official standards preventing the transport by plane of all or part of the products marketed on the Site (e.g.: 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 the new amount, minus the 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 Buyer may, prior to his order, take note, on the website, of the essential characteristics of the product(s) he/she wishes to order.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not represent a commitment for the seller.
3. Prices of products on sale on the site
The prices shown on this Site are indicated in Euros, all taxes included, and are subject to change during the year, it being understood that the products ordered are invoiced at the prices in force at the time the order is recorded.
They do not include shipping costs, which are 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 registration of the order by the Buyer.
Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be passed on to the price of the products sold by LABORATOIRE EXERTIER SAS on its website. The prices are applicable within the framework of distance selling.
The selling prices of the products can be modified by LABORATOIRE EXERTIER SAS at any time. This change will be notified to the Buyer before any order is placed.
4. Characteristics of the products
The Buyer may select one or more products from the different categories offered on the LABORATOIRE EXERTIER SAS Website.
LABORATOIRE EXERTIER SAS is liable to modify at any time the range of products offered for sale on its Site, depending in particular on the constraints linked to its suppliers, without prejudice to Orders placed by the Buyer.
In accordance with Article L. 111-1 of the French Consumer Code, the Buyer may, prior to his/her Order, consult the LABORATOIRE EXERTIER SAS website to find out the essential characteristics of the product(s) he/she wishes to order
The products comply with the French and Swiss legislation in force. LABORATOIRE EXERTIER SAS cannot be held responsible in the event of non-compliance with the legislation of the country in which the product will be delivered (e.g. in the event of a product ban, etc.). It is up to the Buyer to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products and services he/she intends to order.
LABORATOIRE EXERTIER SAS cannot guarantee that the information on product packaging 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 Buyer may contact the customer service department of the practicing laboratory via the form on its website.
All orders imply adherence without restriction or reservation to these general conditions of sale. The buyer, prior to his/her order, declares that the purchase of products on the laboratory site is not directly related to a professional activity and is limited to a strictly personal use, and that he/she has full legal capacity, allowing him/her to commit under these general conditions of sale.
As soon as the order has been accepted, a detailed acknowledgement of receipt of the order will be sent to the Buyer, to the email address he/she has indicated.
This acknowledgement of receipt will specify the exact amount invoiced and the terms of delivery of the order.
The Buyer has the opportunity to check the details of his/her draft order and to correct any errors. From the moment the Buyer confirms his order by clicking on the icon “Validate your payment”, he/she is considered to have accepted with full knowledge of the facts the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered by the Buyer.
The order validated by the Buyer will be confirmed by LABORATOIRE EXERTIER SAS. The sale will only be considered final after this order confirmation has been made available to the Buyer by LABORATOIRE EXERTIER SAS and the latter has received the full price.
LABORATOIRE EXERTIER SAS recommends that the Buyer keeps the information contained in the order confirmation sent by LABORATOIRE EXERTIER SAS on a paper or computerized document.
However, LABORATOIRE EXERTIER SAS reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order, or for any other legitimate reason, particularly due to the abnormal nature of the order.
All orders are payable in euros, including all taxes and compulsory contributions. Any bank charges (such as exchange commissions) remain the responsibility of the Buyer (including in the case of a refund).
The payment must be made when the Buyer orders online. At no time can the sums paid be considered as a deposit or advance payment.
To pay for the order, the Buyer has the following payment methods at his/her disposal:
Credit 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 Monaco.
Payment in installments with Alma.
If you pay for your order in installments, you accept Alma’s general customer terms and conditions as well as Alma’s special terms and conditions for unnamed clients of Merchant.
The Buyer guarantees to LABORATOIRE EXERTIER SAS that he/she has the authorizations that may be necessary to use the method of payment that he/she 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 a payment incident.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts after ten days following the invoice date or upon notification of 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 Internet fraud, information relating to your order may be transmitted to any third party for verification.
In order to ensure the security of the credit card payment, the buyer is obliged to transmit to Cyberplus the visual cryptogram (CVV) of his/her credit card.
LABORATOIRE EXERTIER SAS reserves the right to request a photocopy of the identity card and/or, where applicable, the bank card (front only) of the Buyer for any payment by bank card.
7. Delivery of orders
The products will be delivered to the address indicated by the Buyer on the order form, by the French Post Office 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 Suivi” delivery from the French Post Office
Upon delivery, a delivery slip or an acknowledgement of receipt must be signed by the Buyer or the recipient of the products ordered. In case of absence, the Buyer or the recipient of the order receives a notice of passage allowing him/her to withdraw the products ordered at the post office indicated in the notice of passage, 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 on delivery. In the presence of an apparent anomaly (damage, missing product compared to the delivery note, damaged or broken package or product, etc.) noted during delivery in the presence of the French Post Office employee, the Buyer or the recipient of the products ordered is required to apply the Colissimo procedure of the French Post Office, in particular by reporting the damage or shortcomings noted and by formulating all claims and reservations and to refuse delivery by immediately issuing an anomaly report to the employee of the French Post Office (report 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 acknowledgement of receipt, of any incident relating to the condition or contents of the package delivered. He/she is also invited to report the problem encountered to LABORATOIRE EXERTIER SAS by contacting customer service via the form on the exertier.fr website
Characteristics of delivery by Chronopost
Upon delivery, the Buyer or the recipient of the products ordered is delivered by the Chronopost company’s employee and electronically signs an acknowledgement of receipt.
In case of absence, the Buyer or the recipient of the ordered product receives a notice of passage inviting him/her to go to the closest post office to his/her home in order to withdraw 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 on delivery.
In the presence of an apparent anomaly (damage, missing product compared to the delivery note, damaged or broken package or product, etc.), 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, using the delivery receipt or by registered letter with acknowledgement of receipt, of any incident relating to the condition or contents of the package delivered. He/She is also invited to report the problem encountered by LABORATOIRE EXERTIER SAS by contacting the customer service department via the form on the exertier.fr website.
Rules applicable regardless of the country of delivery
In the event that the above-mentioned deadlines are exceeded, not due to a case of force majeure, the Buyer will have the possibility of canceling his/her Order under the following conditions:
– After sending formal notice to LABORATOIRE EXERTIER SAS’s Customer Service Department to make delivery within a reasonable additional period of time and once this formal notice has remained without effect, or,
– If the Buyer proves that this delivery period was an essential condition of his/her Order.
The formal notice or request for cancelation of the Order must be sent by registered letter with acknowledgement of receipt to the address indicated in the “Contact Us” section of the LABORATOIRE EXERTIER SAS Website.
In the event that LABORATOIRE EXERTIER SAS’s investigation, the results of which will be taken as proof of the dispute in question, reveals a fault exclusively attributable to LABORATOIRE EXERTIER SAS or to the transporter, LABORATOIRE EXERTIER SAS will reimburse all the sums paid by the Buyer and collected by LABORATOIRE EXERTIER SAS for the Order in question, provided that the entire Order is returned by the Buyer to LABORATOIRE EXERTIER SAS. Reimbursement will be made, in the form of a credit note or reimbursement at the Buyer’s discretion, as soon as possible and no later than thirty days following the date on which the Buyer has exercised his/her right to cancel the 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 Buyer will not be able to claim either a refund of the sums paid by him/her or a new delivery of the products ordered, unless he/she demonstrates, by any means, that he/she is not responsible.
8. Return and refund of products
The procedures that must imperatively be followed when the package is damaged
• Colissimo delivery
• Do not open the package. Please note: Opening the package excludes any recourse against the French Post Office 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 via the form on the website
• Draw up a “spoliation report” with the French Post Office.
• Report the anomaly to LABORATOIRE EXERTIER SAS Customer Service via the form on the site
• Notification of incidents and the formulation of reservations must be made as soon as possible and within 3 working days at the latest.
The products can be returned by the Buyer under the conditions and according to the instructions below:
Products must imperatively be returned to LABORATOIRE EXERTIER SAS in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), 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 the order by the Buyer.
In principle, the shipping costs of the return package remain the responsibility of the Buyer. In the case 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:
208 rue Saint Denis
75002 Paris, FRANCE
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 time limits indicated, the Buyer may not make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be in conformity and free of any apparent defect.
9. Right of withdrawal
In accordance with article L. 121-20 of the Consumer Code, the Buyer has a period of 7 clear days from the date of receipt to return at his expense, the products ordered, for reimbursement.
Products must imperatively be returned to LABORATOIRE EXERTIER SAS in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed, and accompanied by a copy of the invoice according to the procedure described in article 7 below.
If the terms and conditions set out above are respected, the refund will be made by credit card within 15 days of receipt of the package.
Modalities for exercising the legal right of withdrawal
The modalities 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 retraction
In accordance with article L.121-21-8 of the French Consumer Code, the right of retraction cannot be exercised for Orders relating to
– the supply of goods that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection,
Consequently, the Buyer is alerted to the fact that he/she will not be able to exercise his/her contractual right of retraction on products unsealed by the latter, whose re-marketing by LABORATOIRE EXERTIER SAS would present risks for reasons of hygiene or health protection for consumers (e.g. care products, make-up products, etc.)
9.2 Consequences of exercising the legal right of retraction
If the products can be the subject of the legal right of retraction, the Buyer exercising his/her right of retraction under the conditions provided for in this article in terms of time limit.
In accordance with article L121-21-3 of the French Consumer Code, the costs of returning the products will remain the responsibility of the Buyer except in the event of a lack of conformity of the products delivered in relation to the Order (in this case, these return costs will be borne by LABORATOIRE EXERTIER SAS).
9.4 Contractual right and withdrawal period
In order to ensure the satisfaction of its Buyers and Order recipients, LABORATOIRE EXERTIER SAS accepts the return of products ordered on the LABORATOIRE EXERTIER SAS website beyond the legal period mentioned above in 6.1.1, under the conditions set out below (hereinafter referred to as the “contractual right of withdrawal”).
9.5 Time limit for exercising the contractual right of withdrawal
The Buyer or the recipient of the Order has two (2) months from the date of receipt of the Order to return the Products.
9.6 Modalities for exercising the contractual right of withdrawal
The modalities for exercising the contractual right of withdrawal are described in article 6.3 of these General Terms and Conditions of Sale.
9.7 Products excluded from the contractual right of withdrawal
The contractual right of withdrawal cannot be exercised for Orders relating to:
– the supply of goods that have been unsealed after delivery and that cannot be returned for health or hygiene reasons, and
– the supply of goods made to the consumer’s specifications or clearly personalized
Consequently, the Buyer is alerted to the fact that he/she will not be able to exercise his/her contractual right of retraction on products which have been unsealed by the latter and whose re-marketing by LABORATOIRE EXERTIER SAS would present risks for health or hygiene reasons for consumers (e.g. treatment products or make-up products).
9.8 Consequences of exercising the contractual right of withdrawal
If the Products may be subject to the contractual right of withdrawal, the Buyer or the recipient of the Order exercising his/her contractual right of withdrawal under the conditions provided for in this article in terms of time limit and procedures for returning the Products, may obtain, his/her choice of the following:
– a credit note for an amount equal to the price of the returned products, which can only be used on the LABORATOIRE EXERTIER SAS website.
In addition, the Buyer may choose:
– a refund by LABORATOIRE EXERTIER SAS of the returned products as well as the delivery costs of the Order.
The costs of returning will remain the responsibility of the Buyer recipient of the Order if it is the latter who exercises the contractual right of withdrawal, except in the case of a return due to a lack of conformity of the products delivered in relation to the Order (or in the case of damaged products).
9.10 Methods of exercising the legal right of withdrawal and the contractual right of withdrawal
The Buyer or, where applicable, the recipient of the Order, must inform LABORATOIRE EXERTIER SAS of his/her wish to withdraw in one of the following ways.
– Return the products concerned to one of LABORATOIRE EXERTIER SAS’s stores located in metropolitan France, Monaco or Luxembourg,
– Return the products concerned by post (mail/package, etc.) to the address indicated in article 6.3.3 of these General Terms and Conditions of Sale,
– Contact the Customer Service department of the laboratory in question within 14 (fourteen) days following the Order. In this case, the Buyer may, in particular, use the model withdrawal form appended to these General Terms and 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 Client is informed that it is not technically possible for LABORATOIRE EXERTIER SAS to block the shipment of products once the 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 the date of this information to LABORATOIRE EXERTIER SAS. In the event of receipt of the products beyond this 14-day period, LABORATOIRE EXERTIER SAS’s notification of the Buyer’s wish to retract is deemed to have been made at the time of actual dispatch of the products.
10. Retention of title
LABORATOIRE EXERTIER SAS retains full and complete 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 stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
LABORATOIRE EXERTIER SAS cannot be held responsible for any indirect damages that may arise from the purchase of the products.
LABORATOIRE EXERTIER SAS cannot be held responsible for any loss of data or files. It is up to the Buyer to make all necessary backups.
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 for any direct or indirect damage, whatever the causes, origins, natures or consequences, including in particular the costs that may arise from the acquisition of goods offered on the site, loss of profits, customers, data or any other loss of intangible assets that may occur due to the access of anyone to the site or the impossibility of accessing it or the credit given to any information coming directly or indirectly from it.
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, drawings, 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 other 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 purpose 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 punishable under the Intellectual Property Act, unless prior written authorization is obtained from LABORATOIRE EXERTIER SAS.
13. Applicable law and competent jurisdiction
The sales of products of the company LABORATOIRE EXERTIER SAS are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between LABORATOIRE EXERTIER SAS and the Buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the courts of Paris.
The information collected by LABORATOIRE EXERTIER SAS when the Buyer places an order is necessary for the management of his/her order by LABORATOIRE EXERTIER SAS and its commercial partners. In accordance with the law “Informatique et Libertés” no. 78-17 of 6th January 1978, the Buyer has a right to access, rectify, oppose and delete data concerning him/her at LABORATOIRE EXERTIER SAS. by contacting the customer service department.
208 rue Saint Denis 75002 Paris
+33 (0)1 42 86 86 42