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Terms and conditions

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Thu, 13/02/2014 - 12:17 - ClariPharm

ClariPharm™ GENERAL TERMS AND CONDITIONS OF SALE
(Sales via the website http://www.claripharm.com)

 

 

  • DEFINITIONS

 

Whenever they are used in the body of these general terms and conditions, the terms below shall have the following meaning:

Product(s):
ClariPharm™ Products offered for sale on the ClariPharm™ website in accordance with the terms and conditions as defined below.

Customer(s):
Any natural person or legal entity, consumer or professional who buys a Product via the ClariPharm™ website.

Order(s):
Any Product ordered on the ClariPharm™ website in accordance with the terms and conditions defined below.

General Terms and Conditions:
These general terms and conditions.

Content:
The content of the ClariPharm™ website (notably any information, text, messages, graphics, logos, icons, gifs, databases, screens, images, photos, music, text files, audio, video, software or any other material, including their formatting).

ClariPharm™ :
The company ClariPharm™, an SAS (simplified joint stock company) with share capital of 156,000 euros, whose registered office is located at 9, Rue des Croix Roses – 22400 SAINT-ALBAN, registered in the Trade and Companies Registry of Saint-Brieuc under the number 791 897 390, the publisher of the ClariPharm™ Website.

Service(s):
The online Product sale services and any other services made available by ClariPharm™ on the ClariPharm™ Website for the benefit of Customers.

ClariPharm™ Website:
This ClariPharm™ Website with the address http://www.ClariPharm™.com.
Find out more

 

  • GENERAL PROVISIONS

 

These general terms and conditions have been written in French in the original version which alone shall be authoritative for legal purposes and shall prevail over any other version translated into a foreign language.

These general terms and conditions apply in their entirety, without restriction or reserve, to all Product sales [JO1] to Customers online by ClariPharm™ via its Website with the following address http://www.ClariPharm™.

They shall constitute the essential terms and conditions and shall determine and prevail over any other general terms and conditions and/or other Customer documents, irrespective of their provisions. Additionally, any Product ordered from the ClariPharm™ Website shall imply unreserved acceptance of these general terms and conditions to the exclusion of any other Customer documents.

The General Terms and Conditions shall apply to the exclusion of any other conditions, notably those that apply at any sales outlets of ClariPharm™ or any other sales network.

The General Terms and Conditions may be accessed at any time by the Customer via the ClariPharm™ Website.

Any amendments to the General Terms and Conditions shall be enforceable against the Customer for any subsequent Orders once they have been placed online on the ClariPharm™ Website.

All the provisions of the General Terms and Conditions shall apply to the full extent as permitted by law and any invalidity in whole or in part of any clause shall not affect the validity of the remainder of the clause or of the other General Terms and Conditions.

Should ClariPharm™ at any time decide not to enforce any obligation under the General Terms and Conditions, this may not be interpreted as a waiver by ClariPharm™ to its right to enforce any such obligation at a later date.

 

 

  • ACCESS TO THE ClariPharm™ WEBSITE

It is the Customer's responsibility to ensure that they have the necessary computer and telecommunications equipment in order to be able to access the ClariPharm™ Website.

The Customer shall bear all telecommunications costs associated with their access and use of the Website.

The ClariPharm™ Website is accessible 24 hours a day and 7 days a week, subject to any service interruptions notably due to possible faults or network/system/communications crashes, as well as any maintenance or corrective operations required for updates to, and the proper functioning of, the Website.

 

 

  • PRIOR CONDITION FOR THE OPENING OF A ClariPharm™ ACCOUNT

Prior to ordering, Customers must register online and complete all the mandatory fields of the registration form presented to them. Customers are also requested to complete optional fields on the registration form. They must complete the registration form in a complete, accurate and true manner.

Customers guarantee the truthfulness and current nature of the information that they communicate on registration with the Internet ClariPharm™ Website. Each Customer must spontaneously and immediately update their own registration form online. Should the amount and/or nature of the information requested in the form be modified, Customers must supply any such new information within a maximum period of 7 (seven) days of being requested to do so by ClariPharm™.

Once the registration form has been duly completed, it must be submitted for approval to ClariPharm™ which will subsequently send confirmation or otherwise by email, where applicable with a personal account number.

Customers may then place orders with ClariPharm™ by entering their password and personal email address online, without the need to fill out a new registration form each time they use the system.

Orders only place an obligation on ClariPharm™ once they have been confirmed or once the company has commenced fulfilment of the relevant Order.

Each Order is strictly personal to the Customer concerned and may not be transferred or assigned to any third party.

The Customer may access current Orders via a personal account consisting of a series of personalised web pages on the ClariPharm™ Website.

 

 

  • SECURITY OF ACCOUNT ACCESS LOGINS

On setting up an account, a login and password are provided to the Customer. For security and confidentiality reasons, only the two codes in combination enable the Customer to access their account. The login and password shall be taken as evidence of the Customer's identity and shall invoke the Customer's liability regarding any use of the system made via their account. They shall equate to an electronic signature within the meaning of Article 1316-4 of the French Civil Code.

The Customer alone shall be responsible for their login and password. Customers must ensure that they do not communicate their login or password to any third party or unauthorised member of their staff and must ensure the security of their communications and data storage in order to prevent their login or password being hacked or distributed to any unauthorised person.

In all circumstances, the Customer alone shall be responsible for any consequences resulting from the use of their login or password by any unauthorised person. In the event of the loss of their password, the Customer must request ClariPharm™ to send such information to a designated person.

All data regarding the use of the account is retained and archived by ClariPharm™ which may use the same, notably for evidentiary purposes, within the context of any action, file, record or monitoring report.

 

 

  • CUSTOMER CONDUCT

6.1. In general terms, Customers must use the ClariPharm™ Website:

  • in a fair manner;
  • in a manner that complies with these General Terms and Conditions, with appropriate Internet codes of conduct and any applicable legislative provisions.

6.2. Customers furthermore undertake to:

  • provide ClariPharm™ with the information required to fulfil any Orders placed;
  • place their Orders on their own account and not on behalf of any third party;
  • provide the information required in order that an offer can be made which fulfils their requirements;
  • fairly fulfil any transaction and/or contract entered into with ClariPharm™ in accordance with the agreed contractual terms.

6.3. Customers furthermore agree to refrain from:

  • displaying, issuing, downloading and/or transmitting by email or any other means any Content contrary to applicable French law;
  • displaying, issuing, downloading and/or transmitting by email or any other means any Content containing computer viruses or any other code, file or programme designed to disrupt, destroy or reduce the functionality of any software, computer or telecommunications tool - the foregoing examples are not exhaustive;
  • disrupting the normal flow of dialogues, accelerating the screen-scrolling speed so that Customers are unable to read or type in their dialogue or take any other similar disruptive action which compromises the ability of Customers to communicate in real time;
  • compromising or disrupting Services, servers, networks connected to the Services, or refusing to comply with required conditions, procedures, general rules or regulatory provisions that apply to the networks connected to the Services;
  • using the ClariPharm™ Website in any way that could lead to:
    • infringement of any third-party rights or interests;
    • the ClariPharm™ Website and/or its services becoming unusable, overloaded or damaged;
    • the normal use and enjoyment of the ClariPharm™ Website by other Customers becoming compromised or blocked;
  • ClariPharm™ being induced to commit an error by using the name or company name of other persons or entities;
  • falsification of headers or any manipulation whatsoever of the login such that origin of the Content transmitted via the ClariPharm™ website is concealed;
  • reproduction, copying, resale or exploitation for any commercial purposes whatsoever of the Services in whole or in part, any utilisation of the Services, or any right of access to the Services;
  • intentional or unintentional infringement of any applicable national or international law or regulation.

6.4. Customers are solely and fully responsible for the Content they display, issue, upload and/or transmit by email or any other means on the ClariPharm™ Website.

 

 

  • PRODUCT PROPERTIES

Prior to ordering, Customers may inform themselves via the ClariPharm™ Website regarding the essential properties of the Product(s) they wish to order.
Photos, graphics and descriptions of the Products offered for sale are provided for information purposes only and are not binding on ClariPharm™ in any way whatsoever.

 

 

  • PRODUCT SELECTION

Having taken note of their properties, the Customer shall be solely and fully responsible for ordering the Product(s) they have selected in accordance with their requirements as established prior to placing the Order.

It should be noted that the Customer may contact ClariPharm™ should they require any advice.

 

 

  • PRODUCT AVAILABILITY

Products stated as being in stock correspond to Products stocked throughout the year.

However, as stock replenishment is not immediate, a Product stated as being in stock may not be available. Products are also stated as being in stock according to available quantities.

Should a stocked Product be ordered but actually be unavailable:

  • payment will not be approved;
  • the Customer who placed the Order will be advised as soon as possible on receipt of the Order on our servers, subject to the accuracy of the contact details communicated to us.

Under no circumstances may ClariPharm™ be held responsible by the Customer for stock shortages or for any prejudice suffered associated with any stated, but inaccurate, Product availability.

 

 

  • ORDERING

The Customer may order a Product by bank card directly online on the ClariPharm™ Website using the online form provided for this purpose.

The Order is then confirmed by the completion of the Order process provided on the ClariPharm™ Website:

  • Product selection;
  • Click on "find out more";
  • Click on "Order";
  • Complete the "Customer Information" sheet;
  • Click on "I have read and accept the general terms and conditions";
  • Select the Place of Delivery and Delivery Method and click on "secure payment";
  • Order verification
  • Click on "Confirm order";
  • Complete bank details.

Subject to the legal cooling-off period as set out below, solely applicable to private Customers, all orders will become definitive once a confirmation email is sent to the Customer by ClariPharm™ and payment has been received in full. ClariPharm™ recommends that the Customer retains such information in a paper or computer document.

At all times ClariPharm™ shall retain the right to cancel a Product sale, even after receipt of the confirmation email, should payment of the amount demanded not be confirmed by the bank.

Each "click" made by the Customer during the purchase process constitutes an electronic signature which has the same value between the parties as a handwritten signature.

In the event of any dispute about the facts or terms relating to the transaction, computer records provided by the secure bank payment server shall prevail between the parties.

Contract benefits are personal to the Customer and may not be transferred without the approval of ClariPharm™.

ClariPharm™ reserves the right to refuse or suspend any Order from a Customer with whom there is an outstanding or current payment dispute.

 

 

  • CONFIRMATION OF SALE

In accordance with Articles 1369-5 of the French Civil Code and L121-19-I (1°) of the French Consumer Code, the Customer shall receive confirmation of their purchase accompanied by the General Terms and Conditions.

 

 

  • LEGAL COOLING-OFF PERIOD FOR PRIVATE CUSTOMERS

           

  • Terms of application of the cooling-off period

In accordance with the provisions of Article L121-20 of the French Consumer Code, private customers shall enjoy a cooling-off period of seven (7) days following receipt of the Product(s) covered by the sale contract, under the terms of which they may request the Order to be exchanged or reimbursed.

The Customer must exercise their rights under the cooling-off period via registered letter with acknowledgement of receipt stating the Order no. and the Product(s) concerned at the following address:
ClariPharm™
9 Rue des Croix Roses
22400 SAINT-ALBAN

Under no circumstances may the Customer exercise their rights under the cooling-off period by directly returning the Product(s) in question.

  • Product return procedure

In the interests of ensuring an optimum process of Product return, any Product requiring to be returned must be the subject of a specific request to our company which will send the Customer a return approval number to be displayed on the package.

Any package returned which does not clearly display the return approval on the package will be systematically refused. Any package not covered by an initial return request will also be systematically refused.

Furthermore, all returned Products must be packed in their original packaging and be clean and undamaged.

Any incomplete Product or one showing signs of use, wear, damage or with degraded original packaging will be neither exchanged nor reimbursed.

Return costs are to be borne by the Customer and ClariPharm™ will only reimburse the value of the Product (excluding initial delivery costs). ClariPharm™ will not accept any return on a COD or carriage-due basis, irrespective of the reasons.

  • Reimbursement

ClariPharm™ shall reimburse any Customer who exercises their rights under the cooling-off period within a period of thirty (30) days of exercising the said right.

This reimbursement will preferentially take place by recrediting the bank card used for the initial order or, if this is not possible, by cheque.

 

 

  • PRICE

The selling prices of online Products on the ClariPharm™ Website, stated in euros, are those that are applicable when the Customer confirms their Order.

They do not include delivery costs, which are invoiced in addition to the prices of the purchased Products in line with the Order amount. Delivery charges will be stated prior to Order confirmation by the Customer.

The prices of the Products stated on the ClariPharm™ Website are expressed in euros and are inclusive of VAT. For any sale contract entered into with a Customer not resident in the EU or who is resident in a French overseas territory, VAT will not be applied.

In no circumstances may the Customer claim any other price applicable to any other sales mode.

Product sales prices may be amended by ClariPharm™ at any time.

 

 

  • GENERAL TERMS OF PAYMENT

Payment for the Products and any associated costs shall be made in cash and in euros when the Order is placed and by bank card on the ClariPharm™ Website in accordance with the following terms.

Once the Customer has provided their bank details, ClariPharm™ shall confirm the sale of the Product to the Customer as quickly as possible by email, the intervening period being required to verify that the Product is indeed available for sale.

Payment will be confirmed and received once the sale has been accepted by the Customer and creditworthiness has been verified. ClariPharm™ therefore reserves the right to refuse validation of the sale if any payment default has been revealed. In all cases ClariPharm™ shall endeavour to inform the Customer. 

Payment for the Products shall be made by secure electronic payment via bank card via the Ogone system, the online collection of the customer's bank card details (bank card number, expiry date and security code) being used to complete the sales transaction and payment.

The bank details entered are encrypted by an SSL (Secure Socket Layer) protocol and protected via a security system designed to prevent any unauthorised third party from intercepting, disrupting or diverting the data for their own benefit.

By providing their bank details, the Customer accepts in advance and without condition that ClariPharm™ may proceed with the secure transaction. The Customer there gives their bank prior authorisation to debit their account on sight of the records or statements forwarded by ClariPharm™, even in the absence of any handwritten signature of the cardholder.

ClariPharm™ reserves the right to cancel any Product sale in the event of bank card payment authorisation refusal by any officially accredited body, or in the event of non-payment.

 

 

  • TERMS OF DELIVERY
  • General terms

The Products will be delivered to the address supplied by the Customer on the purchase order.

The Customer may, at their express request, have the invoice sent to an invoice address and not the delivery address by confirming the option provided for this purpose on the purchase order.

In the event of partial Product availability, ClariPharm™ may be required to split the Order. Available Products may therefore be delivered in the first instance and the balance will be sent once the remainder of the Products ordered become available.

ClariPharm™ proposes that Customer deliveries will be made by La Poste.

Customer complaints cannot be accepted in the event of the failure to follow the procedures set out below.

 

  • General terms

11.2 - Characteristics of standard La Poste delivery

The Customer receives delivery at their home address by a La Poste employee. In the event of absence, the Customer or recipient of the ordered Product(s) will receive a missed delivery notification enabling them to contact La Poste to rearrange delivery.

The Customer is required to verify in the presence of the La Poste employee the condition of the packaging and contents of the goods on delivery.

Should the Customer have any concerns whatsoever regarding the condition or contents of the package, they must:

  • follow the La Poste procedure (notably to state any damage, complaints or reserves) and to refuse the goods and immediately lodge a complaint with La Poste;
  • notify ClariPharm™ of any such incident.

Orders are processed in order of receipt. There are no provisions for priority dispatch.

 

 

  • DELIVERY LEAD TIMES
  • Products available ex-stock

The average dispatch lead time from the ClariPharm™ warehouse for deliveries to mainland France is as follows: 3 to 7 business days.

This lead time is non-contractual.

Any failure to comply with any such lead time may not give rise to damages, payment retention or cancellation of the Order by the Customer.

Certain items require a longer lead time than the average lead time stated above. 

Should the lead time be greater, the Customer will be informed as soon as possible before their payment is confirmed and Order processed in order to obtain their approval regarding the anticipated minimum lead time.

In such circumstances, assuming the Customer has accepted the stated minimum lead time (e.g. 30 days), the Order may no longer be cancelled, except in the case of private Customers if the lead time exceeds the stated lead time by 7 days or within the context of the legal cooling-off period.

  • Products not available ex-stock

No availability lead time is deliberately stated for Products not available ex-stock.

As soon as ClariPharm™ is able to communicate an availability date the Customer will be immediately informed and before their payment has been confirmed and Order processed, in order to obtain their prior approval regarding the anticipated minimum lead time.

In such circumstances, assuming the Customer has accepted the stated minimum lead time (e.g. 30 days), the Order may no longer be cancelled, except in the case of private Customers if the lead time exceeds the stated lead time by 7 days or within the context of the legal cooling-off period.

 

  • General provisions

ClariPharm™ will make every effort to ensure availability of all Products ordered within a maximum period of 30 (thirty) days.

The lead times stated above are provided for information purposes only and the availability of any Product in excess of any such lead time may not invoke the liability of ClariPharm™ in respect of damages for any prejudice suffered by the Customer.

However, except in the event of force majeure as set out below, should the Products ordered not be available within a period of 7 days from the end of the availability lead time stated, private Customers may cancel the sale via registered letter with acknowledgement of receipt addressed to ClariPharm™ and/or its Distributor.

In such circumstances, any payments received in respect of the undelivered element of the Order will be returned to the Customer within 15 days of receipt by ClariPharm™ of the Customer's request to this effect.

In no circumstances may the Customer lodge a complaint against any late delivery in the event of their not having fulfilled their obligations vis-à-vis ClariPharm™ in full, notably in respect of payment, or if ClariPharm™ has not received in good time any specifications and/or other information required for delivery.

 

 

  • CONFORMITY - RECEPTION

Photos, illustrations, descriptions and weights of Products offered for sale by ClariPharm™ are forwarded by the manufacturers for information purposes only. Similarly, ClariPharm™ cannot be held responsible for any variance between the stated properties and the delivered Product, nor may such an occurrence justify cancellation of the sale in question.

The conformity of the Products (condition, absence of defects, number, etc.) must be checked by the Customer on receipt of the Products, where applicable in the presence of the carrier; costs and risks related to checking the Products shall be borne by the Customer.

Any reserves or complaints regarding possible missing elements or visible defects must be noted on the delivery documentation and confirmed to the carrier and ClariPharm™ by registered letter with acknowledgement of receipt within 3 days (excluding public holidays) of taking delivery of the Products.

Complaints must be sent by registered letter with acknowledgement of receipt to the ClariPharm™ address featuring in Article 1 above and must include:

  • the customer's contact details;
  • the Product references;
  • the grounds for the complaint.

However, as stated above, in the event of delivery being carried out by La Poste, the Customer will be required to follow the La Poste procedure (notably to state any damage, complaints or reserves) and to refuse the goods and immediately lodge a complaint with La Poste.

Failure to comply with these conditions will mean that the Products are deemed to conform and the responsibility of ClariPharm™ may not be invoked and the Customer may be held responsible for any prejudice suffered by ClariPharm™ due to non-compliance with this procedure.

In the event of demonstrable non-conformity accepted by ClariPharm™, ClariPharm™ shall proceed at its own expense to a replacement of the non-conforming Product subject to availability. Should it not be possible to replace the defective Products, ClariPharm™ will issue a credit note.

In no circumstances may Product non-conformity give rise to the payment of damages to the Customer.

 

 

 

  • RESERVATION OF TITLE

THE PRODUCTS ARE SOLD UNDER RESERVATION OF TITLE UNTIL PAYMENT HAS BEEN RECEIVED IN FULL. IN THIS REGARD PAYMENT SHALL BE UNDERSTOOD TO MEAN RECEIPT OF FUNDS IN THE ClariPharm™ ACCOUNT IN RESPECT OF PRODUCT, ASSOCIATED SELLING COSTS AND INTEREST.
In the event of non-settlement in whole or in part of a due payment, at their own expense and risk the Customer must return any unpaid Products previously delivered on receipt of notice to this effect delivered by registered letter with acknowledgement of receipt.

 

 

  • TRANSFER OF RISK

Notwithstanding the reservation of title clause (Article 12 above), Products ordered from ClariPharm™ shall be in the care of the Customer from the date of delivery as defined in Article 11 above. Furthermore, with effect from the said delivery the Customer shall alone bear any risks the Products may be subjected to or cause for any reason whatsoever, even in the event of force majeure, unforeseen circumstances or action by a third party.

 

 

  • GUARANTEE

20.1. The Products offered by ClariPharm™ comply with applicable French legislation.

20.2. Private Customers will benefit from the legal guarantee pertaining to hidden defects (Article 1641 to 1648 of the French Civil Code) and from the legal conformity guarantee (Article L 211-4 et seq. of the French Consumer Code) (See Appendix 1).

20.3. Certain of the Products sold benefit from a manufacturer's guarantee. The general terms and conditions and duration of the guarantee are available on the ClariPharm™ Website. The Customer is deemed to have read and accepted them.
Any corresponding claim under the guarantee is subject to the sole expertise of the manufacturer, which alone may decide to accept the guarantee or otherwise.

20.4. In all circumstances these guarantees are limited to re-establishing the proper condition of the Products accepted as defective or to exchange or reimbursement as ClariPharm™ may see fit and to the acceptance of carriage costs for the said Products, and exclude the payment of any damages.

The Customer alone is responsible for selecting the Products ordered and for their conservation and use.

Notably excluded from all guarantees are:

  • visible defects, namely clear defects in appearance not declared by the Customer at the time of delivery of the Products;
  • defects and/or deterioration from normal wear and tear of the Products;
  • defects and deterioration caused by use other than that for which the Products were designed, through negligence, improper assembly by the Customer or a third party, poor maintenance, incorrect storage, improper use, non-compliance with assembly instructions or recommendations for use and maintenance or as a result of an accident;
  • defects or deterioration associated with a factor outside the control of ClariPharm™.

Any intervention or modification carried out on the Products by the Customer or a third party shall automatically terminate the guarantee.

 

 

  • PRODUCT RETURNS

With the exception of the exercise of rights under the cooling-off period set out in Article 12 above, any Product return under guarantees set out in the preceding article must be agreed in advance by ClariPharm™.

To this end the Customer must contact the ClariPharm™ after-sales department. Furthermore, no return will be accepted without prior authorisation from ClariPharm™.

If the returned product is accepted to be defective, ClariPharm™ will forward to the Customer a Product return number. This return number is a determining and prerequisite condition and is valid for a period of seven business days from the time the return number is communicated by ClariPharm™ to the Customer. Beyond this period the Customer must resubmit their request in accordance with the procedure set out below.

In all circumstances the Product must be returned in its original packaging, include the totality of the Product and be accompanied by a legible Product return number as communicated by ClariPharm™ and, where applicable, the Product serial number.

Any incomplete or damaged Product or one with degraded original packaging will be neither taken back nor exchanged under guarantee.

Carriage costs shall be borne by ClariPharm™ unless the returned or exchanged Product fails to conform to the declaration of origin made by the Customer on the return note. Any such acceptance of return costs shall be limited to the corresponding La Poste delivery rate. It will be paid in the form of a credit note able to be redeemed on the ClariPharm™ Website within 3 months of issue.

Any risks associated with the return of Products shall be borne by the Customer.

Any failure to comply with the aforementioned procedure or stated deadlines will cancel the customer's right to make a complaint in respect of non-conformity or hidden defects with the delivered Products, such Products shall consequently be deemed to be compliant and free of any visible defects.

 

 

  • LIABILITY

Orders are fulfilled with standard quality Products with tolerances as per French and European standards without any responsibility on the part of ClariPharm™ regarding the use to which the Customers intend to put them or regarding their compliance with any applicable laws and standards in their own country.

Furthermore, it is the Customer's responsibility to check with their local authorities that the importation and use of the Products they are planning to order are permitted.

ClariPharm™ may not be held liable for non-fulfilment of orders in the event of the products being unavailable or out of stock or in the event of force majeure, disturbance or total or partial strike notably of the postal services or means of transport and/or communication.

ClariPharm™ may not be held liable for any indirect damage that occurs as a result of purchasing the Products.

ClariPharm™ may not be held responsible for the loss of any data or files. It is the Customer's responsibility to make any necessary data backups.

The total or partial impossibility of using the Products may not invoke the liability of ClariPharm™ nor give rise to any damages or reimbursement.

The ClariPharm™ Website also includes information emanating from third parties and links to other websites. Under no circumstances may ClariPharm™ be held responsible for damage resulting from accessing or from the inability to access such third-party information nor for the content of other websites.

 

 

  • WEBSITE MODIFICATION AND DUPLICATION

ClariPharm™ reserves the right to modify and update all or part of the ClariPharm™ Website and Services at any time.

Any change to the name of the ClariPharm™ Website or to its hosting location, size, subject matter or update frequency shall have no effect on the fulfilment of Orders and subscriptions which shall automatically apply to the modified Website.

Should the ClariPharm™ Website be split up into multiple different Websites, these conditions shall be automatically extended to such Websites.

 

 

  • FORCE MAJEURE

Deemed to be events of force majeure with regard to the obligations of ClariPharm™ shall be any events outside its control which it cannot reasonably be expected to foresee. The same shall apply in all circumstances, even when the previous definition does not apply, notably in the event of popular uprising, act of terrorism, broken machinery, fire, storm, water damage, strike, raw material shortage, legislative or regulatory provision, transport or communications network blockage (including networks substituted by telecommunications operators), electricity grid failure or loss of Internet connectivity which may prevent or disrupt the fulfilment of these General Terms and Conditions.

 

 

  • DATA PROTECTION LEGISLATION

The information collected by ClariPharm™ when an Order is placed by a Customer is required by ClariPharm™ and its business partners to process the Order.
All of the information communicated by the Customer is subject to automated computer processing which has been declared by ClariPharm™ and/or the Distributors in accordance with the French data protection act (Loi Informatique et Libertés) dated 6 January 1978.
ClariPharm™In accordance with the aforementioned French data protection act dated 6 January 1978, customers are reminded that they have a right to access, oppose, rectify, modify and remove any personal data that concerns them.
Customers may exercise this right at any time by contacting ClariPharm™ by:

  • email at the following address: (…)
  • or by registered letter with acknowledgement of receipt at the following address: (…)

Via ClariPharm™ the Customer may receive commercial offers from other organisations or companies or be informed about offers from ClariPharm™. Should the Customer not wish to receive such offers it may inform ClariPharm™ at the following address: XXX

 

 

  • INTELLECTUAL PROPERTY

All content published on the ClariPharm™ Website is the exclusive property of ClariPharm™. Any reproduction in whole or in part of such content constitutes an offence and is consequently prohibited.

 

 

  • EVIDENTIARY AGREEMENT

The parties expressly agree that proof of their contractual obligations shall be established as follows: It is agreed that the action of clicking on the "I accept the general terms and conditions" button establishes the consent of the Customer and entails their acceptance of the General Terms and Conditions.

Any Customer acceptance or request giving rise to obligations on their part shall be confirmed by the said Customer by entering and confirming the password personally allocated to them. By entering and confirming their password, which equates to signature, the Customer shall be deemed to have irrevocably accepted the signed obligations.

ClariPharm™ may claim proof of any action, programme, data, file, record, operation or other element (such as monitoring or other reports) of a computer or electronic nature or in an electronic or computer format or on an electronic or computer medium which is established, received or conserved directly or indirectly by ClariPharm™, for example in any database.

 

 

  • APPLICABLE LAW - DISPUTES

The sale of Products from ClariPharm™ is governed by French law.
Any dispute shall be submitted to the competent courts in the jurisdiction of Rennes (France), even in the event of emergency proceedings, introduction of third parties, interlocutory application or plurality of plaintiffs.

 

 

  • CUSTOMER SERVICES AND ORDER TRACKING

The Customer should contact Customer Services should they require any further information at the following address: xxxx

 

APPENDIX 1

 

Article L211-4 of the French Consumer Code
The seller is required to deliver a product that conforms to contractual requirements and is answerable for any non-conformity that exist at the time of delivery.
The seller is also answerable for non-conformities resulting from the packaging or assembly and/or installation instructions when stipulated under the contract or when carried out under its responsibility.
Note: Ordinance no. 2005-136 2005-02-17 Art. 5: The provisions of this ordinance apply to contracts concluded after its coming into force.

Article L211-5 of the French Consumer Code
To conform to the contract the good must:
1. Be fit for the purpose normally expected of a similar good and, where applicable:
- comply with the description provided by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect in view of the public declarations of the seller, manufacturer or its representative, notably within advertising or on labelling;
2. Or present characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer of which the seller is aware and has accepted.
Note: Ordinance no. 2005-136 2005-02-17 Art. 5: The provisions of this ordinance apply to contracts concluded after its coming into force.

Article L211-12 of the French Consumer Code
Action resulting from non-conformity lapses two years after the delivery of the good.
Note: Ordinance no. 2005-136 2005-02-17 Art. 5: The provisions of this ordinance apply to contracts concluded after its coming into force.

Article 1641 of the French Civil Code
The seller is bound by the guarantee in respect of hidden defects with the item sold which make it unfit for normal purpose or which diminishes such a purpose to such an extent that the buyer would not have purchased it or would only have paid a lower price had he or she been aware the fact.

Action resulting from redhibitory defects must be instigated by the buyer within two years of discovering the said defects.