ARTICLE 1- SCOPE OF APPLICATION
The equipment offered for sale on our website is aimed at both professional and private customers.
For the purposes of these terms and conditions, a professional customer is defined as a customer who uses the products purchased for non-personal purposes in the course of his or her business.
The present general terms and conditions of sale express the entirety of the obligations of the parties and the Customer is deemed to accept them without reservation from the moment he places an order on our site.
These general terms and conditions of sale apply to relations with the Customer to the exclusion of all other terms and conditions, in particular any conditions of purchase.
Their purpose is to define the rights and obligations of the parties in the context of the online sale of products offered to the Customer on our website.
We reserve the right to modify these terms and conditions at any time.
ARTICLE 2- PRE-CONTRACTUAL INFORMATION
The Customer acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with the essential information concerning the characteristics of the Product(s) ordered.
ARTICLE 3- PRODUCT RANGES
Our company offers Products for sale strictly to healthcare professionals (dentists.....) and other Products for sale to private customers or non-healthcare professionals (beauty salons, etc.).
The use of products in the professional range requires specific knowledge that only our professional customers possess.
Any non-healthcare professional customer who uses products from the professional range may be risking his or her own health and that of his or her patients.
Individual customers and non-healthcare professionals are therefore prohibited from ordering Products reserved for healthcare professionals, as only the latter have the knowledge required for the safe use of products in the professional range.
ARTICLE 4- PLACING ORDERS
The customer places an order online from the product offer on our site, according to the terms and conditions indicated on the site and within the limits of available stocks.
In order to complete the Order, the Customer must complete the following steps:
1. Enter the site address ;
2. Follow the instructions on the Site and, in particular, the instructions required to open a customer account;
3. Fill in the order form. In the event of prolonged inactivity during login, the selection of Products and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. In this case, the Customer is invited to restart the selection of Products and Services from the beginning;
4. Check Order elements and, if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All-Inclusive Price;
6. Follow the instructions on the online payment server to pay the All-Inclusive Price.
For the order to be validated, the customer must accept the present general terms and conditions by clicking where indicated. They must indicate the delivery address and method of delivery, and validate the method of payment.
The sale will be considered final:
- after we have sent the Customer confirmation of acceptance of the order by e-mail,
- after full payment has been received.
Any order implies acceptance of the prices and descriptions of the products available for sale.
In certain cases, such as non-payment, incorrect address or other problems with the customer's account, we reserve the right to block the customer's order until the problem has been resolved.
Insofar as our sales are always within the limits of available stocks, in the event of unavailability of one or more products ordered, the customer will be informed by e-mail.
If the delivery of one or more products ordered cannot be carried out due to a stock shortage, the order may be cancelled if our Company is unable to offer a substitute product suitable for the Customer.
For any question relating to the follow-up of an order, the Customer must call 09 80 08 37 97 on the following days and times from Monday to Friday from 9 am to 12 pm and from 2 pm to 5 pm or send us an e-mail using the contact form accessible at the following e-mail address: https://www.white-care.com/nous-contacter.
ARTICLE 5- ELECTRONIC SIGNATURE
The online provision of the Customer's credit card number and the final validation of the order shall constitute proof of the Customer's agreement and :
- payment of the sums due for the order,
- signature and express acceptance of all operations carried out.
ARTICLE 6- ORDER CONFIRMATION
We provide the customer with a copy of the document confirming the parties' agreement by e-mail.
ARTICLE 7 - PROOF OF CONTRACT
Computerized registers, kept in our computerized systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 8 - PRODUCT INFORMATION
The products to which these conditions of sale apply are those shown on our website, indicated as sold and dispatched but not delivered. They are always offered while stocks last.
The products offered for sale are described as accurately as possible.
ARTICLE 9- PRICES
The applicable price is the one appearing on our site at the time of the order.
We reserve the right to change product prices at any time.
Prices are given in euros. Delivery charges will be added.
Prices take into account the VAT applicable on the day of the order and any change in its rate will be automatically reflected in the price of the products.
If, as a result of an error, the price advertised on the site is derisory in relation to the real value of the product offered for sale, our company may, without incurring liability, refrain from executing the sale, i.e. deliver the product at the incorrect price.
In the event of an order for products to be delivered outside mainland France, the Customer undertakes to pay all duties, customs duties, taxes, contributions or levies of any nature whatsoever that he may be required to pay in application of the law of the country of delivery.
Full payment must be made at the time of ordering.
The sums paid cannot be considered as down payments or deposits.
If one or more contributions, particularly environmental contributions, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
ARTICLE 10- METHOD OF PAYMENT
To pay for his order, the Customer can use the payment methods provided by us on the site. The customer guarantees that he/she has the necessary authorizations to use the method of payment chosen. We reserve the right to suspend any order processing or delivery in the event of refusal to authorize payment by credit card by the organizations accredited for this purpose, or in the event of non-payment.
The transaction is immediately debited from the customer's credit card after verification of the customer's credit card details, and upon receipt of debit authorization from the company issuing the credit card used by the customer.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by credit card is irrevocable. By providing his/her credit card details, the Customer authorizes the Vendor to debit his/her credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name on the bank card is indeed his/her own. The Customer provides the sixteen digits and expiry date of his/her credit card, as well as the visual cryptogram numbers, if applicable.
In the event that it is impossible to debit the All-Inclusive Price, the Online Sale will be immediately cancelled by operation of law and the Order will be cancelled.
We reserve the right to refuse an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute exists.
Payment is considered definitive only after actual receipt of the sums due.
ARTICLE 11 - DELIVERY TIMES
Except in cases of force majeure or during periods when the online store is closed, which will be announced on the home page of our website, shipping times will be as indicated below, subject to availability of stock.
For deliveries in Metropolitan France, the delivery time is 1 to 7 working days from the day following the Customer's order by our Company.
Shipment times run from the order registration date indicated on the order confirmation e-mail.
In the event of non-compliance with the agreed delivery date or delivery period, the Customer shall, before rescinding the contract, request our Company to deliver within a reasonable additional period.
Should the customer fail to perform within this new period, he may freely cancel the contract.
The Customer must carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed to have been rescinded upon receipt by us of the letter or writing informing us of such rescission, unless delivery has taken place in the meantime.
The customer may, however, cancel the contract immediately if the delivery dates or deadlines are an essential condition of the contract.
In the event of unavailability of the product ordered (stock error, defective product, etc.), the Customer will be informed as soon as possible and will have the option of cancelling the order. The Customer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
ARTICLE 12- DELIVERY: terms and conditions, delivery errors and non-receipt
12-1- Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the Product. Delivery is made only after confirmation of payment by the seller's bank.
For reasons of partial availability of the products ordered, there may be several deliveries, but only one will be invoiced to the customer, unless there are several delivery locations.
Products are delivered to the address indicated by the Customer on the order form, who must ensure that it is correct.
Any parcel returned to our Company because of an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
The Customer is obliged to check the condition of the packaging and the items on delivery.
If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they are damaged, the Customer must refuse the parcel and note any anomaly concerning the delivery (damage, missing product, damaged parcel, etc.) on the delivery note, in the form of handwritten reservations accompanied by his/her signature.
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
In order to enable our Company to take recourse against the defaulting carrier, the Customer undertakes to confirm his reservations to the carrier by registered letter with acknowledgement of receipt within two working days of receipt of the item(s) at the latest, and to forward a copy of this letter to our Company.
The Customer must also send a copy of this letter to the Vendor. Failure to lodge a claim within the aforementioned period shall extinguish any action against the carrier in accordance with article L. 133-3 of the French Commercial Code.
12-2- Delivery error
The Customer must ensure that the Products delivered correspond to the Order.
In the event of non-conformity of the Products in kind or in quality to the specifications mentioned in the delivery note, the Customer must inform our Company by e-mail and immediately return the Products to our Company in their original condition (packaging, instructions, accessories, etc.) by registered mail, to our Company's address below:
PRETTY SMILE Company
Sales department
337 rue des Pervenches
01090 MONTMERLE SUR SAÔNE
FRANCE
Upon receipt of the claim, the product(s) concerned will be exchanged.
Return shipping costs will be at our expense. The costs will be reimbursed via the method of payment used by the Customer at the time of ordering.
12-3- Failure to accept by an individual customer
Any defects must be reported to us within 8 days of the date indicated for acceptance.
In the event of non-delivery invoked by the Customer, and in the event that the postal services notify us that the parcel has been delivered, we will send the Customer, if his order is for an amount of less than 100 euros including tax with delivery in mainland France, an equivalent parcel against a financial contribution by the Customer of the sum of 15 euros including tax.
The customer must take all appropriate steps with the carrier to obtain compensation and justify the steps taken.
ARTICLE 13 - TRANSFER OF OWNERSHIP AND RISKS
The transfer of ownership of products and risks occurs after full payment of the price.
ARTICLE 14- INFORMATION ON PRODUCT USE
Despite the controls involved in both the development and manufacture of the Products, the Customer must take full cognizance of the instructions for use before any use, and in particular the warnings and precautions for use.
If there is any doubt about the safety of the Product or any risk of allergy following its use, the Customer must refrain from using the Product.
The attention of private customers is hereby drawn to the fact that they must refrain, for their own health, from ordering and using any Product whose sale is reserved for professional customers.
ARTICLE 15- WARRANTY AND USE OF PRODUCTS
15-1- Conformity - Hidden defect
- Provisions applicable to professional customers
Products are guaranteed against non-conformity and hidden defects for a period of 2 years from delivery to the customer.
- Provisions applicable to individual customers
Our company guarantees the conformity of the goods to the contract, enabling the customer to take advantage of the legal guarantee of conformity provided for in articles L217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold provided for in articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal warranty of conformity, please note that :
- the customer has a period of 2 years from delivery of the goods to take action,
- the Customer may choose between repair or replacement of the good, subject to the cost conditions set out in article L217-7 of the French Consumer Code,
We also remind you that :
- the legal warranty of conformity applies independently of the commercial warranty below,
- the customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
15-2- Warranty exclusions
Regardless of whether the Customer is a professional or a private individual, no warranty shall apply if the Product's defects are caused by abnormal or faulty use, or are the result of a cause unrelated to the intrinsic qualities of the Products, or if the Products have been improperly stored by the Customer.
The Customer is informed that our Company is not the manufacturer of the Products presented within the meaning of the law on liability for defective products.
ARTICLE 16- RIGHT OF WITHDRAWAL
- Business customers
Our professional customers, given their knowledge, do not benefit from a right of withdrawal.
Consequently, except in cases of lack of conformity or latent defect, the return of the Product ordered is always conditional on the express prior acceptance by our Company, which is free to refuse.
In the event of acceptance of a return by our Company, the cost of return will be borne by the Customer.
- Individual customers (non-professionals)
The customer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the cost of return which remains at his expense.
However, Products must be returned in their original packaging and in perfect condition within 15 days following notification to our Company of the Customer's decision to cancel.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be sold as new, accompanied by the invoice.
The address for returning Products is that set out in article 12-2 - Delivery error.
Products ordered will not be taken back if they have suffered any depreciation as a result of handling by the Customer other than that necessary to establish the nature, characteristics and proper functioning of the products. For example, damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal can be exercised online via the contact form by choosing "Withdrawal request" as the subject. In this case, an acknowledgement of receipt will be sent to the customer by our company. It can also be exercised via thiswithdrawal form to be returned to us. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) for which this right is exercised and the delivery costs will be reimbursed.
However, return shipping costs are at the customer's expense.
The exchange (subject to availability) or refund will be made within 14 days of receipt by our Company of the products returned under the conditions provided herein.
ARTICLE 17 - FORCE MAJEURE - COVID 19
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions are considered to be grounds for exoneration from the parties' obligations and will result in their suspension.
The party invoking such circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure is defined as any irresistible event or circumstance outside the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The following will be considered as cases of force majeure or fortuitous events, in addition to those usually accepted by jurisprudence: strikes inside or outside our Company, blockage of means of transport or supply, earthquakes, fires, epidemics, storms, floods, lightning, epidemics and pandemics, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
It is expressly agreed that in the event that the supply of Products to our Company or the delivery of Products by our Company is disrupted as a result of the COVID 19 epidemic, our Company shall be deemed to be affected by force majeure.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the contract may be terminated by the injured party.
ARTICLE 18- INTELLECTUAL PROPERTY
The content of our company's website remains the exclusive property of our company.
The Customer may not make any use of this content: any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
ARTICLE 19 - PROCESSING OF PERSONAL DATA
19-1- Customer data collection
The collection of data is necessary for our Company to take and process orders from our Customers. This collection results from the consent of our customers.
In the event of failure to supply one or more data, our company may not accept an order.
The personal data collected on our site are the following:
- Opening an account
When opening a customer account, the customer's surname, first name, date of birth, e-mail address, physical address and telephone number.
For customers residing in France wishing to purchase a product containing more than 0.1% Hydrogen Peroxide, we also collect the RPPS number.
- Login to our Site
When you connect to our site, it records your name, first name, connection, usage and location data.
- Cookies
Cookies are used as part of the use of our Site, and the user may deactivate them from his browser settings.
19-2- Use of communicated data
The personal data requested from and communicated by the Customer are those required to process the order.
More specifically, uses include the following:
- access to our site, ordering and payment of our products,
- sending commercial and advertising information, according to our customers' preferences,
- management of any disputes with the customer.
- no profiling or automated decisions are made on the basis of the personal data collected.
These personal data are used by our employees to process orders.
The person responsible for processing personal data within our company is Mrs Audrey LEUK, who can be reached via the contact form on our website by selecting the "Personal data" section.
19-3- Sharing data with third parties
The customer's personal data may be shared with third-party companies in the following cases:
- when our company subcontracts all or part of the services ordered by the customer, with subcontracting companies (e.g. carriers),
- when the customer uses payment services, our company works with banking and financial companies,
- when the customer agrees to receive commercial or advertising information, advertising service providers have access to the customer's data, as part of the performance of their services,
- when required by law, our Company may be required to transmit personal data in order to respond to claims made against it and to comply with administrative and legal proceedings,
- if our company is involved in a merger, acquisition, transfer of assets or in a safeguard, receivership or liquidation procedure, it may be required to transfer or share all or part of its assets, including personal data.
In such cases, customers will be informed before any personal data is transferred to a third party.
19-4- Transfer of personal data
Our Company remains responsible for personal data shared with third parties.
19-5- Data security and confidentiality
Our Company takes organizational, technical, software and physical measures in the field of digital security to protect the personal data it holds and prevent alteration, destruction and unauthorized access.
Despite the measures taken by our Company, it should be remembered that the Internet network is not itself a completely secure environment, and we cannot guarantee the security of the transmission and storage of information over the Internet.
19-6- Our customers' rights regarding their personal data
In accordance with current legislation and regulations, our customers have the following rights:
- right of access to their personal data
Customers may exercise their right of access to their personal data by writing to us atcontact form of our Site by selecting the "Personal data" section.
Before authorizing such access, our Company may request proof of the applicant's identity in order to verify its accuracy,
- right to rectify and update personal data
Customers can rectify or update their personal data by writing to us atcontact form of our Site by selecting the "Personal data" section.
- right to obtain deletion of personal data
Our customers may request the deletion of their personal data, in accordance with the applicable rules, by writing to us atcontact form of our Site by selecting the "Personal data" section.
- right to portability of personal data
Our customers can retrieve their personal data by writing to us atcontact form of our Site by selecting the "Personal data" section.
19-7- Retention period of personal data
Personal data collected by our Company is kept for a period of two (2) years.
ARTICLE 20- LANGUAGE
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 21 - APPLICABLE LAW - DISPUTES
21-1- Applicable law
These general terms and conditions of sale are governed by French law, to the exclusion of the provisions of the Vienna Convention on the International Sale of Goods.
21-2- Disputes
- Dispute with a business customer
In the absence of an amicable solution, any dispute relating to the conclusion, validity or execution of a sale will be referred to the Commercial Court of the location of our Company's registered office if the Customer is a merchant in the legal sense of the term.
-Dispute with an individual customer: Mediator
In the event of a dispute with our company, the customer may have recourse to a mediator in order to reach an amicable settlement.
This procedure, which is not compulsory, is free of charge, except for any legal or expert fees incurred by the customer.
Customers wishing to have recourse to mediation must, prior to any mediation, submit a written complaint to us.
The request for mediation must then be made within one (1) year of the complaint, failing which it will be inadmissible.
The dispute may not be examined by the Consumer Mediator if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, or if the dispute does not fall within his field of competence.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our Company has set up a consumer mediation system. The chosen mediation entity is: SAS CNPM - MÉDIATION - CONSOMMATION.
In the event of a dispute, the consumer can file a claim on the websitecnpm-mediation-consommation.eu or by post by writing toCNPM - MÉDIATION - CONSOMMATION, 27, avenue de la Libération, 42400 SAINT-CHAMOND.
The customer may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, etc.) in the event of a dispute.
ARTICLE 22- GENERAL PROVISIONS
In the event that a clause or a provision of a clause of the present Contract is nullified, its nullity shall not affect the other stipulations, nor the validity of the present Contract or of the clause as a whole. The parties will then endeavor to modify the clause affected by nullity so that it complies with the rule while respecting the balance and objectives of the present Contract.
No account shall be taken of past practices established between the parties, nor of the manner in which they have performed the present contract, in interpreting the latter.
The division of these terms into separate articles and the use of headings shall not be construed as an absolute condition of their interpretation. In the event of any conflict between the title of a clause and its content, the content shall prevail.
The fact that our Company does not avail itself at a given time of one or more of the provisions hereof shall not constitute a waiver of its right to do so at a later date.
ARTICLE 23- APPENDIX
Below are the provisions of articles L217-4, L217-5, L217-12 and L217-16 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity.
Article L217-4 of the French Consumer Code
The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code
The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article L217-16 of the French Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for service, or from the date the goods in question are made available for repair, if the goods are made available after the request for service.
