- Scope of application
The servicewww.ma-loute.com(hereinafter referred to as the “Site”) is a service of the company EDITA DESIGN, a limited liability company only associated with the capital of 10,000 euros, whose head office is located 7 rue de l’Oseraie, ZI Sud-Est, 35 510 Cesson-Sévigné, registered under number 821 784 873 RCS RENNES (numéro TVA intracommunautaire FR128217843). The Website offers its users, free Internet access, the information available at the time of their connection.
The purpose of these general terms and conditions of sale (hereinafter the "Terms") is to govern the contractual relationship between EDITA DESIGN described above and the Customer defined below.
They are always available to each Customer on the Site to enable them to place an order. They apply to all sales contracts entered into for products marketed by the Site under the tab "ESPACE PHARMACIE". Any sale made by EDITA DESIGN under this tab will be governed exclusively by the stipulations of these Terms, which will be annexed or accompany any offer or commercial proposal from EDITA DESIGN.
By buying products online, using the service, the Customer declares to use the Site in accordance with the applicable law and the following conditions.
EDITA DESIGN reserves the possibility to adapt or modify these Terms at any time. In this case, only the general terms and conditions of sale in force during the ordering are applicable. EDITA DESIGN advises the Customer to save and/or print these Terms for safe and sustainable conservation. He may, if necessary, invoke them at any time during the execution of the contract.
No special condition may, except express, prior and written acceptance of EDITA DESIGN, prevail over these Conditions. As a result, any condition contrary to EDITA DESIGN will, in the absence of express acceptance, be inopposable to EDITA DESIGN no matter what time or circumstances it may have been brought to its knowledge.
The fact that EDITA DESIGN does not, at any given time, avail itself of any of the present Conditions shall not be construed as waiving its part to avail itself of any of the said Conditions at a later date.
Information about the company EDITA DESIGN :
- Mailing address: 7 rue de l’Oseraie, ZI Sud-Est, 35 510 Cesson-Sévigné
- Editor: Édita Rebours (EDITA DESIGN Manager)
Customer : Describes any natural or legal person, public or private, who acts for purposes falling within the scope of its commercial, industrial, artisanal, liberal or agricultural activity and who acquires one or more products on the EDITA DESIGN website. Attention: Any Professional Customer wishing to buy or distribute products from the company EDITA DESIGN with conditions reserved for professionals can contact EDITA DESIGN at email@example.com or via the online contact form in order to obtain an identifier and password allowing it to connect to the Pharmacy Space. This username and password benefiting the Professional is strictly confidential and personal. The Professional states that it has the legal capacity to contract.
- Conditions of use
On the Site:
- Contractual information is presented in French or English. In the event of contradiction or difficulties in interpretation, only the information and conditions in the French language are authentic. Contractual information will be subject to confirmation of this contractual information at the time of the online purchase procedure.
- The Customer's validation of his order on the Site is acceptable to these Terms fully and without reservation. The data recorded by EDITA DESIGN on the Site or the retranscriptions of telephone calls between the Client and EDITA DESIGN services are proof of all the transactions between EDITA DESIGN and its Clients. The data recorded by the payment system is proof of financial transactions.
- Access to the Espace Pharmacie
Any Customer wishing to buy or distribute EDITA DESIGN products can go directly to the EDITA DESIGN website and click on the Espace Pharmacie tab located in the upper left part of the presentation page.
This username and password that the Customer enjoys is strictly confidential and personal. In no case shall they be disclosed or communicated to anyone. In order to facilitate the identification of the Customer by the simultaneous provision of the e-mail address and password, the Customer expressly authorizes EDITA DESIGN to file on the professional hard drive a "cookie" file with the sole purpose of facilitating such identification.
The Espace Pharmacie tab allows the Customers, once connected, to access the price grid at volume, to create their customer account and to make orders on this Space.
The creation of a Customer Account is an indispensable prerequisite for any Customer order on the Website. To this end, the Customer will be invited to provide a number of personal information such as their name and first name, email address, postal address, telephone number and SIRET number. This list is not exhaustive. Once the registration is validated on the Site: Ma-loute.com, an email is sent to the Customer to confirm its registration.
The Customer already registered on the Site has the option to access it by logging in with its identifiers (e-mail and password) defined and selected by the Customer when registering.
4.1 - Service Description My Account
Customers who access the MON ACCOUNT Service are able to consult, modify, complete their contact details, profile, password and delivery addresses.
This password is strictly personal and must be kept confidential. The Customer expressly acknowledges that the entry of his email address and password is worth identification on his part. It will only be possible to create one Customer Account per person (even name, same name, same email address). The Customer is the only person responsible for these identification coordinates and is required to keep them secret. The Customer is encouraged to use complex passwords for security reasons.
EDITA DESIGN cannot be held responsible for the loss or theft of these identification coordinates.
Only the Customer will be able to make changes to these elements if the password is forgotten. In this specific case, the Customer will make the written request to EDITA DESIGN. EDITA DESIGN cannot be held responsible for the disclosure to third parties of these elements, nor for the consequences by derailing.
It then fills, according to the information requested on-line, a form made available to it where it includes the information necessary for its identification, includingthe company's name, telephone number, postal and electronic address and billing and delivery address.
The Customer certifies the accuracy, reliability and sincerity of the personal information and contact information. The Customer providesa valid email addressAnd functional so that EDITA DESIGN can contact him about his orders and for a communication purpose.
The Customer must informa valid postal addressFor delivery and billing. The Customer will have to modify as soon as possible, and at any time, any change of postal address or email directly in his Customer ACCOUNT, on MA-LOULOUTE.COM, in the "address" section.
EDITA DESIGN cannot be held responsible for the lack of due diligence of the Customer when creating his/her account, subscription, modification and update of personal data and as a result of incorrect contact information, with their consequences on the delivery of the Orders.
EDITA DESIGN will be able to verify at any time the truthfulness and conformity of personal data. If, however, EDITA DESIGN found that one of these information appeared to be erroneous and/or misleading, EDITA DESIGN could apply to the Customer for more information or modifications and reserves the right to suspend or break any contractual relationship with the Customer or to suspend access to the Customer.
THE INFORMATION OF THE COORDINIES OF THE CLIENT SUBSTANCE SUBSTANCES. THE RESPONSIBILITY OF EDITA DESIGN NEED TO BE ASSESSED IN THE HEAD OF THE CHAMPS DEMANDES.
All information is provided to the Customer in French or English.
The customer can order Products.
The Customer connected to the Pharmaceutical Space interested in an article visible on the Site follows the following process to establish its order. To place an order, the Customer chooses his products and adds them to his basket. The first order must cover a minimum quantity of twenty (20) products. The following commands must then cover a minimum quantity of ten (10) products. The Customer can access his/her shopping cart at any time by clicking on the “Product” tab. To continue the order process, the Customer accepts these Terms and clicks on "Complete my order" in his basket. It then fills, according to the information requested on-line, a form made available to it where it includes the information necessary for its identification, including the company's name, telephone number, postal and electronic address and billing and delivery address.
The presentation of the products on the site can sometimes be slightly different from the product delivered. Although the enumeration is exhaustive, the differences may result from the colour quality of the photographs, the technical adaptation of the visuals on the Site, or the difficulty of showing the rendering of the material on the screen.
5.1 - Client identification
Via the site, the Customer will be able to place an order when the account is first opened. The customer will have to identify himself by declining his contact information by completing the registration form. Once the registration is validated on the Site, Ma-Louloute.com will send an e-mail to the Customer to confirm its registration on the Site.
Once identified, the Customer will be able to reconnect when he wishes to do so using an identifier composed of his email address and a password that he has chosen freely.
5.2 - Conclusion of the command - double click
5.2.1- As part of the product purchase orders
The contract of sale is validly formed when, after entering its email address and password, the Customer made his order (1er click,) was able to read and accept the VGCs, checked the content of its order (all products it wishes to buy and the price), corrected any errors, final terms of delivery, selected the payment method by payment card and confirmed it by a second click, in accordance with the provisions of articles 1125 to 1127-3 of the Civil Code.
The procedure of the double-click is valid for the Customer’s consent and results in the EDITA DESIGN’s claim for payment of the order.
In accordance with Article L221-14 of the Consumer Code, any order confirmed by the second click results in a payment obligation. The order is confirmed from the first sample.
Additional information may be requested later to ensure the quality and safety of the delivery. The Customer agrees to provide EDITA DESIGN as soon as possible with the information and information that EDITA DESIGN may reasonably request. All information is provided to the Customer in French or English.
5.3 - Confirmation of contract
An electronic mail with the VGCs will be sent to the customer’s email address to confirm the contract’s conclusion on a sustainable support subject to the availability of the products ordered in stock. This confirmation email will also transmit the order number and will allow you to take over all the elements that are the subject of the general obligation of information referred to in articles L221-5 and L221-11 et seq. of the Consumer Code.
This confirmation is to form the contract between the parties. It is therefore strongly recommended to the Customer to keep the receipt email. Invoicing includes the details of the price of each non-tax product with, where applicable, the amount of the applicable value added tax calculated on the total excluding taxes and included in the total all taxes included
If, within seventy-two (72) hours of the order by the Customer, the Customer does not receive an e-mail informing him of taking the order into account, EDITA DESIGN invites the Customer to contact his services as soon as possible at the e-mail address: firstname.lastname@example.org. EDITA DESIGN will then keep the Customer informed of the processing and shipment of his order to the e-mail address by which he reported the lack of receipt of the e-mail taking into account his order.
EDITA DESIGN reserves the right to refuse any order for legitimate reasons, especially in cases where ordered quantities are abnormally high or unusual for a single Customer or even in case of default.
Each order is deemed to be entered into by the Customer on his or her behalf.
EDITA DESIGN controls orders validated on the Site to avoid any abusive or fraudulent practice. This is why it may be required to request additional information, such as supporting documents, by e-mail to the Customer.
EDITA DESIGN systematically confirms the order of each Customer by email, subject to availability of the products ordered in stock. This confirmation is to form the contract between the parties.
EDITA DESIGN reserves the right to refuse any order for legitimate reasons, especially in cases where ordered quantities are abnormally high or unusual for a single Customer or even in case of default.
- Availability of ordered products
Products and prices are valid as long as they are visible on the Site.
In the event of a stock break for the selected product, the Customer is offered the option not to continue the order process or to confirm the order and adjust the amount. The product will be shipped once it is back in stock. If the product ordered was not always available within two (2) months of the order, EDITA DESIGN reserves the right to cancel the order and to propose an asset or refund the Customer within fifteen (15) days.
The unavailability of the product will not be liable for EDITA DESIGN, nor will it be entitled to damages for the Customer.
- Payment and payment conditions
1.1 The tariff grid for products sold on the Site in the ESPACE PHARMACIE shows the prices in euros excluding taxes and all taxes included and does not include shipping fees. All orders, regardless of their origin, are payable in euros at the time of the order.
EDITA DESIGN reserves the right to modify its prices at any time following the evolution of market prices. EDITA DESIGN undertakes to apply the rates in force when the order is registered, subject to the availability of the products on that date.
1.2 At the selling price of the products marketed on the Site, the shipping costs should be added to the Customer of the products ordered.
IMPORTANT: The shipping costs are calculated based on the information provided by the Customer when choosing the products made on the Site and automatically updated as soon as new information is communicated or new choices made. The Customer’s attention is therefore drawn to the fact that the cost of transportation indicated to the Customer in each product choice is indicative and provisional, and varies according to the place of delivery, the nature of the ordered items and their number. The final shipping costs due by the Customer are indicated in the Customer's basket at the end of the product selection, and are recalled in the summary of the order that precedes the validation.
The total amount due by the Customer is indicated on the order confirmation page.
1.3 The products are always billed on the basis of the tariffs in effect at the time of the order’s registration subject to typographical errors or to change the value added tax applied by France which would be immediately affected.
The Promotional Rates of the Site apply for the promotion period indicated on the Site.
Any tax, tax, right or other benefit payable under the French regulations or that of an importing country or a transit country shall be borne by the Customer and shall be added to the selling price.
- Payment by cheque or bank transfer
Payment of purchases may be made by cheque or bank transfer. To do this, the Customer sends an e-mail to EDITA DESIGN when he holds his order number after having validated his shopping cart and clicked on "validate my order and pay". It indicates the payment method of its choice. EDITA DESIGN provides its bank details for payment by bank transfer. The cheques are to be issued to the order of "EDITA DESIGN".
The receipt of the payment generates validation of the order and sending the invoice to the Customer.
- Payment on the Site
Payment of purchases may be made by the payment cards listed on the Site at the time of the order or by the Paypal service. The proposed price must be paid automatically by credit card according to the payment procedure described in the registration process. The Customer is solely responsible for the actual payment of the purchased product.
ONLY THE USER IS RESPONSIBLE FOR PAYMENT BY BANKING CARTER. The Customer thus guarantees that he is fully entitled to use the payment card for the payment of his order and that this means of payment gives access to sufficient funds to cover all costs resulting from the use of the products of the company EDITA DESIGN.
THE WEBSITE IS NOT RESPONSIBLE FOR PAYMENT PROBLEMS ON THE FUNCTIONING OF ELECTRONIC TRADE SERVICE.
It is up to the Customer to register and print his payment certificate if he wishes to keep his bank details regarding his transaction.
- Secure Online Payments
Data about the payment card of the Customer are not archived by EDITA DESIGN. The secure information comes directly and only to the banking institution mandated by EDITA DESIGN.
By validation of the order, the Customer guarantees the necessary authorizations to use the payment by payment card.
EDITA DESIGN certifies, in order to ensure the security of payments, that the Site uses the secure 3D-Secure payment service. 3D-Secure is a program created by Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) international issuers to enhance the security of card payments on the Internet.
The objective is twofold:
- Decrease the risks of fraud, in particular identity usurpation and unpaid claims related to the challenge of payment order,
- Provide clients on the Internet with a reassuring and secure payment process.
This program is based on the introduction of additional control during an online purchase. To function, the merchant and the internet user must be enlisted in the 3D-Secure payment system.
When the order is validated: the payment request is transferred in real time to the secure telepayment manager. This is a request for authorization to the credit card network. The telepayment manager shall issue an electronic certificate that shall demonstrate the amount and date of the transaction in accordance with the provisions of sections 1365 et seq. of the Civil Code.
In no case is the personal code requested from the Customer. Only the bank card number consisting of 16 digits and the expiration date and the control code consisting of 3 digits on the back of the card are requested to the Customer.
- Billing and Settlement Conditions
An invoice for each product sale will be prepared by EDITA DESIGN and will be sent to the Customer when the order is validated and a duplicate is attached to the package. Subject to a lesser period of time that would be mentioned on the invoice, the invoices shall be payable, in the event of payment by cheque or transfer, within a maximum period of thirty (30) calendar days from the date of receipt of the invoice. There is no discount for cash or before the due date. Payments by bank card on the Site are debited immediately.
From an express agreement, any default or delay in total or partial payment at the fixed time will result in full and automatically, without prior notice, the following penalties:
- the obligation of the Customer to pay late interest by applying from the unsatisfied due date, on the full amount due and payable, calculated at the rate equal to three times the legal interest rate in force,
- the loss of the term of all outstanding receivables. EDITA DESIGN will require the immediate settlement of all remaining deadlines.
- the right to suspend, without delay or indemnity, any delivery to the complete payment of all invoices in progress.
- reimbursement of recovery costs set out in article D441-5 of the trade code in a lump sum amount 40 euros may be increased, upon presentation of evidence and in accordance with the provisions of Article L441-6-I of the Commercial Code, including interest, expenses, fees, if any,
- and all without prejudice to compensation of any kind that could be borne by the failed buyer.
The failure to pay invoices on time will automatically result in the loss of discounts that could have been granted and/or acquired to the Customer.
Any compensation or deductions made unilaterally by the Customer will be treated as a default and will result in the application of the above sanctions.
In the case of payment by trade effect, the failure to return the effect will be regarded as a refusal of acceptance as a default of payment.
- Reserve of property
In accordance with the article L624-16 of the Commercial Code, EDITA DESIGN retains the ownership of the products delivered to the full payment of the price by the Customer, in main and in accessory, even in the event of a payment period. Any contrary clause is deemed non-written.
- Delivery – Shipping – Risk Transfer
Delivery refers to the transfer to the Customer of physical possession or control of the product.
The products are delivered all over the world by the Colissimo, DPD and/or Delivingo service to the delivery address indicated by the Customer or at a point of withdrawal according to the choice made by the Customer at the time of the order.
The Customer will need to take all necessary measures to ensure optimal and secure delivery of the ordered products. The products will be sent in accordance with the postal devices in force at the time of placing the order.
The products are delivered according to the delivery method chosen by the Customer during the validation and payment of his order or subscription, to the address that he himself has indicated or selected relay point. If all or part of the addresses or information required for the delivery provided by the Customer is incorrect, requiring the carriers selected by the company EDITA DESIGN to return the product or products ordered, it will be up to the Customer to bear all the costs and consequences.
FOR RAPPEL:THE INFORMATION OF THE COORDINIES OF THE CLIENT SUBSTANCE SUBSTANCES. THE RESPONSIBILITY OF EDITA DESIGN NEED TO BE UNDERSTANDED IN THE SIZE OF THE CHAMPS REQUESTS, NOTHING FOR CLIENT COORDINERS.
1-1 - I have a problem with my delivery
Whatever the problem, we invite you to send us an e-mail to the following address: email@example.com and/or your customer account, indicating your invoice number and the problem encountered.
1-2 - How do I follow my order?
You can follow your order at any time by going to your customer account, in my account section, "my orders". By clicking on this link, you will find all the information related to your order.
1-3 - Fdelivery and processing fees
In addition to the price of the product, the Customer will have to pay different shipping costs according to the geographic area concerned, the mode of delivery chosen, the volume and weight of the package.
1-4 - Method of delivery
The various means of delivery of the Product made available to the Customer and their conditions of execution are detailed on the site.
In the event of an incomplete address, a bad address, a refusal of a parcel by the recipient or any other lack of information about the delivery, EDITA DESIGN cannot be held responsible for the lack of delivery.
1-5 - Problems with delivery
In the event of a recipient’s absence, a delivery error, a problem of accessibility at the place of delivery, or any other problem resulting in the need for a new delivery, the latter will be subject to a billing at real costs in the amount of 10 euros, , (ten euros) corresponding to the "return parcesimo and processing fees" fee, provided that only the payment of these additional costs will allow the new delivery.
If the Customer does not wish to have his Product returned and wishes to be refunded, the refund of the amount of the products concerned by the order will be made, however, the shipping costs will not be refunded in compensation for the return costs incurred.
This rule applies whether it is a classic order or an order within the framework of a subscription. EDITA DESIGN cannot be held liable for any damage that the Customer might claim.
1-6 - Absence of the Customer during delivery at home
In case of absence during a “home” delivery chosen by the customer, and at the address indicated by the Customer, the parcel is either delivered to the customer’s mailbox if the customer has not chosen a delivery without signing, and/or a notice of passage is deposited in the mailbox, and a notification by email, or SMS is sent to the Customer.
If the parcel is delivered by the Post, the Customer will have to remove the parcel from the post office close to the place of residence within 10 days of the filing of this notice, or the notification received.
1-7 - Problems with delivery due to transport
Any discrepancies concerning delivery: avarie, product missing from the delivery order, damaged, damaged, undelivered in the mailbox. should be absolutely specified on the delivery voucher in handwritten form, accompanied by the signature of the Customer.
The Customer will have to confirm the anomaly by addressing EDITA DESIGN within 3 business days of the date of delivery, a registered mail with acknowledgement of receipt exposing these claims.
7 rue de l’Oseraie
35510 Cesson Sevigné
The anomaly must also be sent by mail with acknowledgment of receipt exposing these claims to the carrier.
An investigation will be opened. It takes 1 month of response time.
The shipment of the Colis by Colissimo, is the subject of a “with and without signature” delivery, it is up to the Customer to choose the desired option.
In the event of the Customer’s validation of a non-signatory delivery, the whole “information contained in the Post Office’s information system is believed in the event of a dispute”.
EDITA DESIGN cannot be held responsible for the lack of delivery or any damage that the Customer might claim.
1-8 - Product missing at delivery, delivery not in accordance with the order
If the customer finds that a product is missing during delivery by the carrier or that the parcel is not in accordance with the order, he must contact the consumer service at the email address: firstname.lastname@example.org within 48 hours of delivery, indicating the order number and/or invoice number.
When a product is missing, or the package is not in accordance with the order, the company EDITA DESIGN will deliver the missing product as soon as possible.
1-9 - Delivery time
Delivery times begin from the date of the complete order regulation. Generally, timely delivery can only take place if the Customer has fulfilled all of its contractual obligations to EDITA DESIGN.
In accordance with Article L.216-1 of the Consumer Code and in the absence of any other precision during the order, the Product is delivered within 8 working days from the date of the order concerned. These times may vary depending on the place of delivery, the mode of delivery selected, the quantity of Products ordered and their availability.
The delivery times announced during the order are indicated in working days and subject to validation and payment of the order.
1-9-bis - Delivery follow-up
The Customer is informed by e-mail of the shipment of his Order.
The e-mail confirming the order’s shipping allows the Customer to access the carrier’s delivery tracking tool and the tracking of the order in the Customer Account tab.
Each delivery is deemed to be made upon delivery of the order or product to the Customer.
It is up to the Customer to check the shipment within 48 hours after the email received.
2 - Shipping
EDITA DESIGN confirms the shipment of each order by email to the address indicated by the Customer. The Customer also receives electronic mail, SMS and/or notification by the carrier when the parcel is delivered and/or available at the point of withdrawal.
For orders whose payment method is the cheque or bank transfer, the shipment only intervenes after full payment of the price.
If, within forty-eight (48) hours of receipt of e-mail informing the Customer of the shipment of the order, the Customer does not receive the second e-mail informing him of the availability of the package at his home or at the point of withdrawal, EDITA DESIGN invites the Customer to contact his services at the e-mail address: email@example.com
Despite the care given to deliveries, EDITA DESIGN cannot be held responsible for the consequences due to delays in delivery or loss of parcels caused by a third party or by the Customer’s fact or in the event of force majeure or exceptional events (natural disasters, epidemic, strikes, lock-out, etc.). delaying or prohibiting the delivery of goods.
Any cancellation of order prior to shipment, regardless of the reason, and accepted by EDITA DESIGN, will be entitled to the only refund of the amounts paid. No compensation for this cancellation may be requested.
3 -Risk transfer
The risks of loss or damage to the products are transferred to the Customer at the time that the Customer, or a third party that he has designated, physically takes possession of the product ordered.
The contents and condition of the parcels are deemed to be accepted by the Customer upon signature of the delivery voucher. In case of doubt, clear and precise reservations may be indicated in the presence of the delivery voucher before signature.
The signature of the delivery voucher will transfer the risks associated with the product ordered to the Customer of the property of the ordered product and associated risks. It is recalled that the property of the ordered product is transferred only when the selling price is fully cashed by EDITA DESIGN.
- Reception of products and returns
Without prejudice to any claims to the carrier, claims relating to apparent defects or non-compliance of the products delivered in relation to the products ordered, in particular with respect to the order made by the Customer, must be addressed in writing to EDITA DESIGN within eight (8) working days from receipt of the products.
It will be up to the Customer to provide any justification as to the reality of defects or defects found. It will have to leave EDITA DESIGN any ease to make the finding of these vices and to remedy them. He will refrain from intervening himself or from intervening a third party for that purpose.
For each sale, no resumption of unjustified goods may be required by the Customer. Any product returns must be the subject of a formal agreement between EDITA DESIGN and the Customer and operate by a mode of transport adapted to the Customer’s fees.
EDITA DESIGN cannot be held liable in the event that the products are stored by the Customer under conditions not suitable for the nature of the products sold.
When, after EDITA DESIGN control, an apparent vice or a missing one is found by it, the Customer will only be able to request the replacement of non-compliant products or the supplement to the EDITA DESIGN costs. No compensation, in any capacity, may be claimed, as well as penalties, price reductions or termination of the order.
- Scope of guarantee
The products are guaranteed against any manufacturing defects and material defects within the limits of the legal warranty resulting from articles 1641 et seq. of the Civil Code.
The guarantee will be excluded:
- In the event of a fortuitous or force majeure case ;
- In case of apparent defects ;
- For defects and damages that would result from the normal wear of the property, damages or accidents arising from negligence, failure to monitor or maintain, defective use of the property, failure to comply with the notice of use, replacement of any of the elements composing the property by the Customer, or any intervention on the property not provided or not expressly authorized by EDITA DESIGN or the manufacturer.
Any return must be previously reported to EDITA DESIGN by e-mail to the e-mail firstname.lastname@example.org or mail with follow-up and/or LRAR at the following address:
EDITA DESIGN – Return Service
7 rue de l’Oseraie, ZI Sud-Est
35 510 Cesson-Sévigné
The Customer will explain in this mail to EDITA DESIGN the defects of the product invoked.
The return shipping costs are borne by the Customer.
Upon receipt, EDITA DESIGN will verify the defects invoked and if the warranty is not applicable, the products will be returned to the Customer or will be replaced or repaired against an amount proposed by EDITA DESIGN and accepted by the Customer.
Products under warranty are returned to the Customer at DESIGN EDITA. Products not covered by a warranty are returned to the Customer at its own expense.
The products proposed are in accordance with the existing French legislation. EDITA DESIGN cannot be held liable for non-compliance with the laws of the country where the products are purchased.
EDITA DESIGN will not be held the time limit and the impossibility for the Customer to comply with their obligations under these conditions if the delay or impossibility results from an external cause to EDITA DESIGN or a case of force majeure.
In addition to this article, the other provisions under which EDITA DESIGN excludes its liability are also applicable.
12.1 Personal data- Privacy
EDITA DESIGN, an editorial company of the Site, respects the privacy of its Customers and strictly complies with the laws in force on the protection of privacy and individual freedoms.
The computerized processing of personal data collected has the purpose of order management.
EDITA DESIGN undertakes not to disclose to third parties the information that the Customer discloses to it during the ordering process. These are confidential and will only be used for transaction purposes. As a result, in accordance with the computer law and freedoms of January 6, 1978, the Customer has a right of access, rectification and opposition to personal data concerning him. All requests for this article should be sent by e-mail to the following address:email@example.com.
Cookies are data stored in a user’s terminal and used by the site to send information to the user’s browser, and allowing this browser to return information to the original site (e.g. a session identifier, choice of language or date).
Cookies allow for the retention of status information during their validity period when a browser accesses the different pages of a website or when this browser subsequently returns to this website.
Only the issuer of a cookie can read or modify the information contained therein.
There are different types of cookies:
- Session cookies that are temporary and deleted as soon as you leave your browser or site,
- The permanent cookies that remain on your terminal until their lifetime expires or until you delete them using the functionality of your browser.
The site implements cookies to facilitate the user’s navigation on the Website. They are strictly necessary to order. They are kept for 365 days. If you do not want EDITA DESIGN to save cookies in your browser for viewing purposes, you can click on the following link where you will find additional information:
The Site also implements cookies to measure the audience and thus collect anonymous statistics to optimize the functionality of the Site They are kept for 365 days.
The Site also implements Cloudflare security cookies to secure the Site and identify threats.
When they do not have the exclusive purpose of allowing or facilitating electronic communication or when they are not strictly necessary for the provision of an online communication service to your request, cookies are subject to the consent of the Internet user.
This is why, during the first visit, the internet user is informed by a banner that, if he decides to continue browsing or clicks on “I accept”, he accepts the installation of the above cookies described on his terminal. A cookie will be installed to remember the choice of the internet user. It should be noted that if the internet user deletes this cookie, its consent will again be requested and the banner will appear again.
Users can, at any time, return to their choice by opening the cookie management banner again.
The user consents to the use of these cookies by clicking on the “OK” button on the banner appearing on the homepage of the Site or by continuing its navigation after the appearance of the banner
12.2.2 How to manage cookies
For cookies management, the configuration of each browser is different. It is described in your browser’s help menu, which lets you know how to change your cookie wishes.
For Mozilla Firefox:
- Choose the "tool" menu and then "options",
- Click on the “private life” icon,
- Locate the cookie menu and select the options that suit you.
For Microsoft Internet Explorer:
- Choose the "Tools" menu (or "Tools") and then "Internet options" (or "Internet options"),
- Click on the “confidentiality” tab (or “confidentiality”),
- Select the desired level using the cursor.
For Google Chrome:
- Choose the "historical" menu and then "preferences" then "private life",
- Choose the "Tools" menu and select "Historical".
- Choose the "General Safari settings" menu and then "security",
- Select "deny cookies deposited".
- Choose the "preferences" menu and then "advanced" then "cookies",
- Select « Never accept cookies »
- Provisions general
- Amendments and waivers. EDITA DESIGN reserves the right to amend these Terms. EDITA DESIGN will inform the Customer of the changes by e-mail and will invite him to agree on the changes.
- Cession. The Customer may not give to a third party any information provided for strictly personal use only.
- Applicable law. The Terms and Conditions, all acts and operations under the present circumstances and the rights and obligations of the parties hereto shall be governed and interpreted in accordance with and exclusively with French law.
- Jurisdiction. EDITA DESIGN’s home election is its head office. In the event of a dispute between the parties on the validity, interpretation and execution of these and past/validated orders, the parties undertake, before any other step, to attempt to reach a friendly agreement. In order to do so, a remediation of the dispute is sent by registered letter with a request for an acknowledgement of receipt. If it has remained unsuccessful after a period of fifteen (15) calendar days from the date of notification, it is, by express agreement, assigned exclusive jurisdiction for all such disputes to the RENNES Commercial Court, regardless of the place of delivery, the method of payment or even in the case of a guarantee or plurality of defendants.
- Autonomy of contract clauses. In the event that any provision of the Terms would be deemed to be inapplicable under the law in force, in particular as a result of an applicable law or regulation, the parties agree to renegotiate it in good faith in order to preserve the economic position of which they benefit closest to that referred to under the provision rendered inapplicable. If they fail to replace this provision in a mutually acceptable and applicable manner, (i) that provision will be excluded from the Terms, (ii) the remainder of the Conditions shall be construed as if the said provision was excluded, (iii) the remainder of the Conditions shall be applicable in accordance with the terms of the latter.
- Integrity of the agreement. The Conditions represent the entire agreement between the Customer and EDITA DESIGN relating to the object that is targeted to it.
- Force majeure. EDITA DESIGN and no third party involved in the supply of the goods will be held liable in case of failure or delay in the execution of their obligations under the Conditions, resulting from causes independent of their will, inclusion and without limitation any of the cases of force majeure, rioting, insurrection, war, the fact of the prince, strike, lock-out, fires or failures of electricity of more than twenty.
- Negotiation basis. The Client and EDITA DESIGN acknowledge and agree that the exclusions of warranty as well as the limitations of liability and remedies contained in the Terms are tangible, forming the basis of the Conditions.
- Intellectual property. No reproduction or use of these rights may be made without the express written consent of EDITA DESIGN. EDITA DESIGN, in its capacity as publisher of the Site, consents to the Customer a right of private, non-collective and non-exclusive use of the Site for consultation purposes. Any other use is a counterfeit and may be punished under the Intellectual Property Code. The Customer understands that, in the absence of express and written authorization from EDITA DESIGN, any full or partial copying and any dissemination or exploitation of one or more of the above-mentioned elements, even amended, will be likely to result in legal proceedings against him.
EDITA DESIGN remains the sole holder of the intellectual property rights attached to its products, including the brand "MA LOULOUTE", "LOOLS" and "EDITA", as well as its website and everything it contains. Therefore, the texts, comments, illustrations, images and products reproduced and/or presented on the Site are protected by intellectual property law, including copyright and/or trademark law and/or the right of drawings and models owned by EDITA DESIGN.
- Confidentiality. As part of the relationship between the parties, any information relating to trade policy, strategy, business activity, services, tools, methods and know-how, any information protected by business secrecy and any information specifically classified as confidential, received by a party of the other shall be kept strictly confidential. Therefore, the parties undertake not to use this information when it is not necessary for the strict execution of the contract.
11Respect for’brand image of the Company and its Products, quality standards. Generally speaking, the Customer undertakes not to harm in any way the Site and the EDITA DESIGN Products, nor to make any use of them that would discredit or devalue directly or indirectly EDITA DESIGN and/or its Products. To this end, the Customer will take care to choose an appropriate and visible location of the general public to expose the products intended for sale in faithful respect of the brand image and quality of EDITA DESIGN.
EDITA DESIGN, expert in menstrual and sexual education sells its products to health professionals, social assistants, institutional partners and any other professional partner belonging to a non-exhaustive list. Also, the Customer will be given a duty of advice on the use of the Products in relation to the concept chosen by the brand and communicated by EDITA DESIGN . The Customer also undertakes to provide advice, pedagogy and effective prevention and to meet the issues that may arise on the Products.
In this regard, EDITA DESIGN refuses to allow the resale of its products on Marketplaces (Amazon, Ebay, Cdiscount, Fnac, etc.). The latter cannot provide sufficient guarantees regarding the quality, development and advice expected, nor allow the sale of the Products under good conditions and/or in a commercial environment adapted to the image and educational support desired by EDITA DESIGN.
Updated on 27.01.2021