Terms and conditions of sale

These General Terms and Conditions of Sale are entered into between PHYTODERMA, a SAS with capital of €10,000, registered in the Bourges Trade and Companies Register under number 795 013 432, with its registered office at 12 rue du Four au Roi, 18000 Bourges (hereinafter referred to as "PHYTODERMA"), and any person who has made a purchase on the www.PHYTODERMA.fr website, hereinafter referred to as "the Client". Any purchase from the www.PHYTODERMA.fr website (hereinafter referred to as the "Site") automatically implies acceptance of these terms and conditions in their entirety.

ARTICLE 1: DEFINITIONS

Customer: refers to any user who purchases a Product via the Site and/or who has a personal account on the Site.

Order: refers to the process whereby the Customer selects the Products they wish to purchase and have delivered. An Order is finalised when the Customer has selected the Products they wish to have delivered and the delivery options, and when they have paid the amount due. Once the Order has been finalised, PHYTODERMA will ship the Products ordered in accordance with these Terms and Conditions.

Contract: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. The Client hereby waives the right to rely on any contradictory document which may be opposed to the Contract and which may therefore not be enforceable against PHYTODERMA.

Personal data: refers to all personal information relating to the Customer as a natural person, entered by the Customer when placing an Order.

Parties: refers jointly to PHYTODERMA and Users of the Site.

Products: shall designate all products available for sale on the Site.

User: refers to any individual or legal entity accessing the Site, whether a Customer or not.

ARTICLE 2: PURPOSE OF THE GST AND VERSION IN FORCE

2.1. The purpose of these Terms and Conditions is to define the conditions under which Users may access the Site, place Orders and manage the relationship between PHYTODERMA and Users, including all rights and obligations arising therefrom.

2.2 They apply to relations between Users and between Users and PHYTODERMA. All Users undertake to comply, without restriction or reservation, with these GTC, whether they visit the Site or place an Order. Users are notified of the GTC for acceptance prior to placing any Order on the Site.

2.3. PHYTODERMA is free to modify these GTC at any time and without prior notice, in particular in order to take into account any legal, case law and/or technical developments. PHYTODERMA will inform the User by any means, and the User must accept the new GTC. In any event, the fact that the User continues to use the Site after being informed of the modification of the GTC implies the User's acceptance of the modifications to the GTC. Successive versions of the GTC will be accessible from the Site.

2.4. The version of the GTC that prevails is the latest version available on the Site.

2.5. The version applicable to an Order shall be that in force on the date on which the Order is placed. Each new Order requires the Customer's acceptance of the GTC, which the Customer acknowledges and accepts. If Users do not accept the GTC or any subsequent amendments thereto, they must refrain from using the Site.

2.6. The User declares that, prior to placing an Order, he/she has obtained from PHYTODERMA all information concerning the Products and delivery methods. The User declares that he/she is solely responsible for the choice of Products and their suitability for his/her needs.

2.7. The User must be a duly represented legal entity or an adult natural person with legal capacity to place an Order on the Site. Failing this, they must have the authorisation of their legal representative to place an Order, which they expressly acknowledge and accept.

ARTICLE 3: PRICES

All prices shown on the Site are in euros and include all taxes. PHYTODERMA reserves the right to change its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.

ARTICLE 4: PRESENTATION OF ITEMS

Users are informed that photographs of the Products appear on the Site, which they may consult freely.

PHYTODERMA guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves.

PHYTODERMA makes every effort to ensure that photographs of Products are as close as possible to the Products actually delivered to the Client (colour of Products in particular). Nevertheless, PHYTODERMA cannot guarantee that the Products will be exactly identical to the photographs, in particular because of the technical constraints involved in making photographs available on the Site.

Furthermore, PHYTODERMA endeavours to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, PHYTODERMA cannot guarantee exhaustive communication of all the characteristics of each Product. The User who wishes to receive further information about a Product is invited to contact Customer Service at the following address: contact@phytoderma.fr
The User declares that he/she is fully aware of the provisions of the present article, and expressly agrees not to hold PHYTODERMA liable in this respect, subject to the application of mandatory legal provisions (in particular the guarantee of conformity).

ARTICLE 5: ORDERING

The User may browse the Site without any obligation to purchase.

To place their Order, Customers select the Products of their choice on the Site and add them to their virtual basket.
It is not necessary to create a personal account on the Site in order to place an Order. However, some of the Customer's personal data is required for PHYTODERMA to process the Order correctly.
If the Customer so wishes, he/she may create a personal account enabling him/her, in particular, to follow the history of his/her Orders on the Site and to retrieve the corresponding confirmations and invoices. Some of the Customer's personal details are required in order to create a personal account.
The Client is responsible for providing complete, up-to-date and accurate information. PHYTODERMA cannot be held liable in this respect. The Customer is informed that some of the information requested is compulsory for the proper execution of the Order he/she has placed, which he/she expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalised, PHYTODERMA will confirm acceptance by sending an email to the Client at the address indicated in the Order.

The Order is validated once payment has been made in full and received by PHYTODERMA.

PHYTODERMA will send the Customer an invoice by email to the address given at the time of the Order. The Customer is advised to save or print the invoice and keep it.
PHYTODERMA undertakes to honour validated Orders while stocks last.

If one or more Products are unavailable after the Order has been placed, the Customer will be notified by e-mail.
The Customer will have the choice of being reimbursed the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless they are permanently withdrawn from the catalogue).
In any event, PHYTODERMA may not be held liable for any prejudice suffered by the Client, nor liable for any damages.
PHYTODERMA may modify the range of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.

ARTICLE 6: DELIVERY

Delivery charges will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer when the Order is validated.

They will appear on a specific line separate from the line specifying the price of the Products.

It is expressly stated that the amount of delivery charges may vary depending on the territory to which the Products are delivered, which the Customer expressly acknowledges and accepts.

Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.

In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframe specified during the Order process and before the Order is validated. Delivery times are also indicated in the Order confirmation e-mail sent to the Customer.

Delivery times include the preparation and dispatch of the Order, as well as the time it takes for the Products to reach the delivery point (the Customer's postal address or delivery point).
If the Site does not specify a delivery time for the Products, PHYTODERMA undertakes to deliver them within a maximum of 30 (thirty) days from the date of the Order validation email sent to the Client by PHYTODERMA. In this case, the Products concerned will be delivered within the time indicated on the Site and reminded at the time the Order is placed.

However, as PHYTODERMA uses external service providers (carriers, postal services, etc.) to deliver Products, PHYTODERMA is totally dependent on these third party service providers. The delivery times indicated on the Site may therefore be affected by the service providers, and PHYTODERMA cannot be held responsible for these delivery delays and any consequences that may result from them.

When delivery is made against a signature, this is proof of correct receipt of the parcel. The transfer of risk and responsibility for the Products takes place on receipt of the Products by the Customer. From this date onwards, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents. Any Order received against the Customer's signature shall be deemed to be compliant, complete and in perfect condition at the time of delivery.

ARTICLE 7: PAYMENT

The Customer pays on the www.PHYTODERMA.fr website by credit card from the Visa, Mastercard, Maestro and American Express networks via the Payplug secure payment platform.

Payment via Payplug Payment methods are specific to the Payplug payment platform and are independent of PHYTODERMA, which has no involvement whatsoever in the use of the said service. All terms and conditions relating to payment via the Payplug payment solution are governed by the General Terms and Conditions of Use and the Confidentiality Policy of this service, which can be accessed at the following address https://www.payplug.com/fr/cgu/ and https://www.payplug.com/fr/politique-de-confidentialite/ respectively, which apply concurrently with these GTCS.

PHYTODERMA does not store any of the Client's bank details, subject to the provisions below. PHYTODERMA cannot be held responsible for any malfunction of the Payplug payment platform.

By accepting these terms and conditions, the Customer also agrees to be bound by Payplug's General Terms and Conditions of Use and Privacy Policy, which are available at the above addresses. These may be modified by Payplug only. Under no circumstances may PHYTODERMA modify the General Terms of Use and the Privacy Policy of Payplug, a service provider over which it has no control.

ARTICLE 8 - WITHDRAWAL

Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging has deteriorated will not be taken back), in order to request a refund without penalty.

In particular, PHYTODERMA will not reimburse cosmetic products whose seals have been removed.

The Customer must therefore place the intact packaging containing the product in suitable packaging to which the returns label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other element enabling the Order in question and its owner to be identified.

Products are returned at the Client's own risk. If the package is lost, stolen or damaged when the Product is returned, PHYTODERMA reserves the right to refuse reimbursement of the returned Product(s).

Only the Customer identified as such to PHYTODERMA may exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery. The return address is: PHYTODERMA SAS, 12 rue du Four au Roi, 18000 Bourges, France.

ARTICLE 9 - PERSONAL DATA

9.1. Personal data is collected by PHYTODERMA when an Order is placed or when a personal account is created by the Customer. It is not compulsory to create a personal account in order to place an Order on the Site, as the Customer may place an Order as a "guest".
In addition, personal data is collected via cookies. This type of collection is described in article 9.2 below.
When placing an Order, certain personal data must be provided by the Client and collected by PHYTODERMA. This includes the Client's surname, first name, e-mail address, postal address and telephone number. The same personal data is required to create a personal account.
This personal data is automatically processed for the purpose of managing PHYTODERMA's Order and customer base, as well as for commercial prospecting and statistical purposes.

It may be transmitted to PHYTODERMA's commercial partners who contribute to the delivery of Products and the processing of payments, solely for this purpose, which the Client expressly acknowledges and accepts.

In addition, as part of the online payment services used by PHYTODERMA, these services collect certain personal data belonging to Customers on behalf of PHYTODERMA.

This data is kept for the period necessary for the purposes for which it is collected and processed, i.e. to fulfil the Order placed by the Customer, unless :
- a longer retention period is authorised or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions set out below, one of the rights granted to him by law.

In addition, when the Customer has created a personal account, the personal data communicated for this purpose are kept until the account is deleted, which can be requested from PHYTODERMA under the conditions described below.

Subject to the Customer's express acceptance by ticking boxes, the Customer's email address may also be used by PHYTODERMA for the purposes of registering and sending a newsletter and/or sending promotional offers.

If the Customer no longer wishes to receive newsletters and/or promotional offers, he/she may change his/her mind by contacting PHYTODERMA under the conditions described below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to PHYTODERMA employees authorised to process such data by virtue of their duties. The information collected may be communicated to third parties linked to PHYTODERMA by contract for the performance of sub-contracted tasks necessary for the management of the Order, without the Client's authorisation being required. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are contractually obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, PHYTODERMA undertakes not to sell, rent, transfer or give access to data to third parties without the Client's prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Act No. 78-17 of 6 January 1978 as amended relating to data processing, files and individual liberties and European Regulation No. 2016/679/EU of 27 April 2016, the User has the right to access, rectify, port and delete his/her data or limit the processing thereof. They may also, on legitimate grounds, object to the processing of data concerning them.

The User may request that personal data which is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data will also be deleted if the User expressly withdraws his/her consent to the collection and processing of his/her personal data, subject to PHYTODERMA's legal obligations. The User may also, under the right to the portability of his personal data, retrieve those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Users may also object, on legitimate grounds, to the processing of data concerning them, and request that the processing of such data be restricted.

To exercise these rights, the User should send a request to the following postal address PHYTODERMA 12 rue du Four au Roi, 18000 Bourges, or by email to contact@phytoderma.fr indicating his first and last name. PHYTODERMA may ask the User to prove his/her identity by enclosing any necessary document, in particular a copy of his/her identity card or passport.

PHYTODERMA will use its best endeavours to process requests relating to Users' personal data.

In the event of a security breach on the Site or loss of personal data relating to Users, PHYTODERMA will inform them by e-mail in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.

Users also have the right to lodge a complaint with the national supervisory authority, the CNIL. For more information about their rights, Users may click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2. PHYTODERMA may use cookies on the Site. This is an automatic tracking process which records information relating to browsing on the Site and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by PHYTODERMA are deleted from the Customer's computer terminal after 13 months.

The User may object to their installation and/or delete them by following the procedure indicated on their browser.

In this respect, PHYTODERMA obtains the express consent of Users to the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.

PHYTODERMA uses these cookies solely to establish connection statistics and the browsing history of Users.

ARTICLE 10: VOUCHERS/CREDIT NOTES

Vouchers sent by PHYTODERMA can be used for 1 year on all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.

ARTICLE 11: PROMOTIONAL CODES

Promotional codes only apply to non-rebated base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes may be used once per Client account unless otherwise instructed by PHYTODERMA. These codes are not refundable when exchanged.

ARTICLE 12: INTELLECTUAL PROPERTY

Without this list being exhaustive, the "PHYTODERMA" brand and its derivatives and variations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of PHYTODERMA. Systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producers' rights in force, of which PHYTODERMA is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the prior written authorization of PHYTODERMA is strictly prohibited and may result in legal action.

Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, the trademarks, logos, graphics, layout, information, presentation and content of the Site, is prohibited.

Browsing the Site does not transfer any intellectual property rights to the User. PHYTODERMA grants the User a right of access and consultation of the Site only, under the terms and conditions set out in these GTC.

ARTICLE 13: LIMITATION OF LIABILITY

13.1 PHYTODERMA declines all liability for damages of any kind resulting from the use of the Site or the Ordering of Products, in particular damage to the Client's reputation and image, or loss of data that may occur as a result of the use of the Site.

In the event that PHYTODERMA's liability is established and upheld as a result of prejudice suffered by the Client and exclusively to PHYTODERMA, such liability is limited to the amount of the Order paid by the Client to PHYTODERMA.

13.2. Users acknowledge that their use of the Site is at their own risk. The Site is provided "as is" and is accessible without any guarantee of availability or regularity.
PHYTODERMA will make its best efforts to ensure that the Site is accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond PHYTODERMA's control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to PHYTODERMA's hardware or software.

13.3. PHYTODERMA may under no circumstances be held liable for any interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption.

13.4. The Site is equipped with the technology necessary to access and use it, but the presence of viruses or other harmful elements, introduced by any means or by any third party, which could alter the User's computer systems, cannot be ruled out.
PHYTODERMA makes no warranties, express or implied, as to the operation of the Site, including any technical problems that may arise.

PHYTODERMA reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access to them, temporarily or permanently.

13.5. PHYTODERMA may not be held liable for any of its obligations under these GTS in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Client, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event which was not reasonably under the exclusive control of PHYTODERMA.

It is agreed that in the event that PHYTODERMA's liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damage may give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as, for example, a commercial disturbance, loss of clientele, etc., will not entitle the User to compensation.

In any event, PHYTODERMA's liability in the event of prejudice caused to the Client, for whatever reason, is expressly limited and may under no circumstances exceed the total amount, exclusive of tax, of the Client's Order made hereunder.

13.6. The Client undertakes to use the Products in strict compliance with the instructions for use provided by PHYTODERMA. PHYTODERMA may not be held liable in the event of improper use of the Products by the Client or a third party.

ARTICLE 14: LEGAL GUARANTEE

In accordance with the provisions of the French Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), which allow Customers to return defective and non-compliant Products free of charge.

14.1 Guarantee against hidden defects.
In accordance with articles 1641 et seq. of the French Civil Code, PHYTODERMA is liable for hidden defects in the Products sold which render them unsuitable for or significantly affect the use for which they were intended. The Client may bring an action on the basis of a latent defect within two years of discovery of the defect.

As part of the legal guarantee against hidden defects, PHYTODERMA, at the Customer's discretion, undertakes, after assessing the defect, to either:
- to reimburse the full price of the Product concerned;
- refund part of the price of the Product if the Customer decides to keep it.

14.2. Legal warranty of conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, PHYTODERMA is required to deliver Products that comply with each Customer's Order, i.e. :
- Products corresponding to the description given by PHYTODERMA;
- Products with the qualities that the Client can legitimately expect in the light of PHYTODERMA's declarations.

The Customer may bring an action on the basis of a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed from the time of delivery.

Under the legal warranty of conformity, PHYTODERMA, at the Customer's discretion, undertakes, after assessing the defect, either :
- to refund the price of the Product concerned;

- exchange the Product for a Product that conforms to its Order, if possible.

ARTICLE 15: COMPLAINTS - INFORMATION

Any complaint or request for information relating to these GCS must be sent to Customer Services by e-mail to the following address contact@phytoderma.fr

ARTICLE 16 - MISCELLANEOUS PROVISIONS

16.1. Partial invalidity
If one or more of the stipulations of these GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

16.2. Non-waiver
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTCS shall not be interpreted for the future as a waiver of the obligation in question.

16.3. Mediation
In the event of a dispute relating to an Order, the Customer should first contact PHYTODERMA, in order to find an amicable solution, by email at the following address contact@phytoderma.fr

Referral to the mediator can only be made after the Customer has first approached PHYTODERMA in writing.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

16.4. Applicable law and jurisdiction
These GCS are governed by French law, unless otherwise stipulated.
In the absence of an amicable solution, and whatever the origin of the dispute, any disputes relating to the performance or interpretation of these GTCS will be submitted to the competent courts in Paris, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.