Contract between “the Company”:Active Santé, and “the Client”.
The Client admits having taken knowledge, at the time of the placing of order, of the particular Conditions of Use & Sale stated on the website. By placing any order on the website, the click of confirmation implies full acceptance of these general Conditions of Use & Sale without reserve. In its commercial brochure, the Company presents the characteristics of its Active Patch 4U product line. However, information about Active Patch 4U can be incomplete or may not meet the Client’s expectations. Nevertheless, the Client can contact the Company’s customer service to ask for further information before going ahead with the purchase. The Company shall not be held liable for any direct or indirect prejudice resulting from an inappropriate use of the products of the Active Patch 4U line, the Client having failed to comply strictly with the instructions given in the instruction booklet provided for with the product. The risks related to the loss and deterioration of the products sold by the Company will be transferred to the Client as soon as the products have left the Company or its logistic platform, the products being shipped at the Client’s risk.
The Client promises to pay the sales price listed at the time the order is taken, and to pay the total amount of the order and the shipping costs. Any order is considered valid when the order, accompanied by a down-payment of 100% of the total amount, is received by the Company. In the event of default of payment, the applicable penalties will correspond to 1.5 times the statutory interest rate. All orders are invoiced in Euro and payable in Euro only, the shipping costs being assumed by the Client.
The Company promises to implement everything to deliver order within a reasonable time-frame, and it on receiving the order form accompanied by the total payment without discount. The Company is released from its obligation of delivery for any coincidences or force majeure. Cases of force majeure include total or partial strikes, flooding and fires. Ownership transfer of the delivered products or to deliver is suspended up to the complete payment of the price by the Client and without incidence on the transfer of the risks.
• If the product has been damaged during transport, the Client must indicate it on the delivery order given by the transporter under forms of “handwritten reserves” accompanied with his signature. The Client needs to notify the Company of the problem the day of the delivery or at the latest on the third (3rd) working day following the delivery by contacting the Company’s customer service.
• If the product does not correspond to what the Client ordered or if a product is missing, the Client must primarily indicate it on the delivery order given by the transporter. Then, the Client needs to notify the mistake to the Company the day of delivery or at the latest on the third (3rd) working day following the delivery and the Company will urgently fix the issue.
Right of withdrawal: Mail-order selling, Internet selling
Under the Articles L121-16 and L120-20 of French Consumer Code, the Client has a period of seven (7) clear days from the day of delivery of his order to return the product(s) to the Company, for exchange or refund without penalty, with the exception of the return and shipment costs. Products returned must not have been unpacked, installed or used and must arrive, to the Company’s platform, in their original packaging including the instruction booklet.
All the data the Client entrusts to the Company are to enable the processing of the Client’s order(s). The activepatch4u.com website has been registered with CNIL, France’s data protection watchdog, with the number 1735504. According to the French Computer and Liberties Law 78-17 of January 6, 1978, the Company’s customer service reserves to the Client the right to access, consult, rectify and erase his private information communicated to and used by the Company to process orders.
Disputes & Applicable law
All orders placed through the Company’s website imply that the Client, without any restriction, accepts the present Conditions of Use & Sale. Any disputes concerning the sale (price, Conditions of Use & Sale, products…) will be subject to French law, and for companies, to the relevant courts of Valence (26).