1- DESCRIPTION OF THE SITE
The Site offers the customer (hereinafter the "Customer") the possibility of ordering online a wide variety of products, mainly dental equipment for men and women (hereinafter the "Products").
The Products offered for sale on the Site are not delivered by the Company but by third-party suppliers contractually linked to the Company with regard to the supply and delivery of the Products to Customers.
2 - APPLICATION AND ENFORCEABILITY OF THE GTC
The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any order (hereinafter the "Order") for Products placed on the Site by the Customer.
The Customer declares having read and accepted these General Terms and Conditions before placing his Order.
Validation of the Order therefore implies acceptance of these General Terms and Conditions. These are regularly updated; the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.
3 - ORDERING PRODUCTS ON THE SITE
The Customer selects the Products he wishes to purchase, and can access the summary of his order at any time before confirming it.
For any new order, the Customer will need to provide their delivery information and delivery method. The Customer has the option to save their contact details so they do not have to fill them in again when placing a new order.
After entering their information and delivery method, the Customer can proceed to pay for their basket by credit card or PayPal. A clear and legible payment indication will appear on the order confirmation screen to ensure that the Customer explicitly acknowledges their obligation to pay for the order.
The Company will send the Customer an order confirmation by email, including the details of the order summary. Sending this confirmation email formalizes the contractual commitment between the Company and the Customer. Please note that the product packaging may not match the one shown in the descriptive photo. As the new packaging is still in development, not all orders will benefit from it yet.
4 - PRICE AND TERMS OF PAYMENT FOR THE ORDER
Prices are mentioned on the Site in the Product descriptions, in euros and inclusive of all taxes.
The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates their Order, completes and validates their delivery details and, where applicable, their billing details if they are different, and proceeds to payment.
The Order of Products on the Site is payable in Euros (EUR). Payment in full must be made on the day of the Order by credit card or PayPal, unless special conditions are expressly accepted by the Company.
When paying by credit card, the Site uses the security system of Stripe and PayPal, service providers specializing in the security of online payments. This system guarantees the Customer the complete confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected.
The Customer guarantees to the Company that he has the necessary authorizations to use the payment method chosen when placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5 - AVAILABILITY AND DELIVERY
Product Availability
Information on the availability of Products is provided at the time the order is placed.
Errors or modifications may exceptionally occur, particularly in the event of a stock shortage at one of the Company's suppliers or due to an excessive number of orders for the same Product.
In the event of unavailability of a Product after the order has been placed, the Company will inform the Customer as soon as possible, offering them the option of either ordering another Product or cancelling their order and receiving a refund within a maximum of 15 days.
Delivery of Products
The countries to which the Products can be delivered are indicated on the Site when the Order is placed. Outside these delivery areas, the Company will be entitled to refuse the Order or to accept it after estimating the shipping costs associated with this delivery.
The Company mandates its suppliers to deliver the Products to the Customer in accordance with the delivery times indicated to the Customer when placing the Order. In the event of a delay in delivery due to unforeseeable circumstances, the Customer is invited to contact the Company to find out the additional time required for delivery. In the event of non-delivery at the end of the additional time communicated, the Customer may cancel his order by sending a registered letter with acknowledgment of receipt or by writing on another durable medium. The Customer will then be reimbursed no later than fourteen days following receipt of the cancellation request by the Company.
However, the Customer must ensure that the delivery information provided to the Company is and remains correct until full receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Company of any change in contact details that may occur between the order and delivery by sending an email without delay to the customer service email address. Failing this, in the event of a delay and/or error, the Customer may under no circumstances hold the Company liable for the failure or delay in delivery.
The Company shall also not be liable if the non-receipt or delay in delivery of the Products is due to a force majeure event as defined by applicable law and the competent courts.
Problems at reception
For Colissimo delivery with signature or Mondial Relay home delivery, if you notice damage to the packaging of the parcel, you must either refuse it or accept it but express a reservation and ask the delivery person to note your observation.
From the moment of delivery, you have two hours to 1-check the adequacy between the contents of the package and your order 2-check the integrity of the goods 3-notify our customer service by email using the contact form in the event of an anomaly.
For delivery by courier, the integrity of the goods and the conformity of the contents with the order must be checked before signing the delivery receipt.
If you notice any damage to the goods or if there is an error or shortage of products, you must either refuse the goods or accept them with a reservation and note your observations on the delivery receipt. You have two hours to notify our customer service by email using the contact form.
These findings must be justified, in particular by photographs.
If these formalities are not complied with, the products will be deemed to be compliant and no complaints, nor requests for reimbursement or exchange will be accepted.
6 - CUSTOMER SERVICE
For any request for information, clarification or for any complaint, the Client must contact, as a priority, the Company's customer service, in order to allow the latter to try to find a solution to the problem.
The Company's customer service can be reached at the following address: fontainebackes@gmail.com.
7 - LEGAL AND COMMERCIAL GUARANTEES
Legal guarantees
Under the legal guarantee of conformity of articles L.211-4 et seq. of the Consumer Code, the Company undertakes, at the Customer's choice, to refund or exchange defective Products or those that do not correspond to the order, provided that the Customer acts within two (2) years from delivery of the Product(s). The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
Under the legal guarantee against hidden defects in Article 1641 of the Civil Code, the Customer has the choice between cancelling the sale or reducing the sale price, in accordance with Article 1644 of the Civil Code. If repair and replacement of the goods are impossible, the buyer may return the goods and be reimbursed for the price or keep the goods and be reimbursed for part of the price.
Money-back guarantee
In addition to the legal guarantees set out above, the Company offers customers a "Satisfied or your money back" guarantee to be exercised in the following manner:
Within fourteen (14) days of receipt of the Product(s), the Customer may at any time return the Product(s) ordered provided that they are returned in their packaging and unused.
The order must be returned to the supplier who delivered the Product(s). To this end, the Customer is invited to contact the Company's customer service to find out the applicable return address.
The Products must be returned at the Customer's expense to the address provided by the and by sending a means of transport allowing tracking and receipt of the shipment.
Upon receipt by the Company of confirmation of receipt of the Product(s) by the supplier, the Company will reimburse the Customer using the same payment method as that used for the order and as soon as possible.
8 - CONSUMER OBLIGATIONS
The Customer undertakes to comply with the terms of these General Terms and Conditions.
The Customer agrees to use the Site and the Products in accordance with the Company's instructions.
The Customer undertakes to use the Site only for their personal use, in accordance with these General Terms and Conditions. As such, the Customer undertakes not to:
Use the Site in an illegal manner, for illegal purposes or in a manner inconsistent with these T&Cs.
To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, extract, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.
Misuse the Site by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
Infringe the Company's intellectual property rights and/or resell or attempt to resell the Products to third parties.
Disparage the Site and/or the Products as well as the Company on social networks and any other means of communication.
If, for any reason whatsoever, the Company considers that the Client does not comply with these General Terms and Conditions, the Company may at any time, and at its sole discretion, withdraw the Client's access to the Site and take any action, including any civil and criminal legal action against the Client.
9 - RIGHT OF WITHDRAWAL
In accordance with Articles L.121-18 et seq. of the Consumer Code, the Customer has a period of 14 clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal, without having to provide reasons or pay a penalty.
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement, without having to justify his reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by e-mail to info@fontainebackes.com.
The Customer must return the Product(s) at his own expense and in the same condition in which he received them, and with all packaging, as soon as possible and no later than 14 days from notification of the decision to withdraw from this contract, and to the address communicated by the Company to the Customer upon receipt of the withdrawal request.
The Customer is invited to indicate the reason for the return/withdrawal, in order to help the Company improve its service.
In the event of withdrawal by the Customer, the Company will refund the Product(s) subject to the right of withdrawal by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not entail any costs for the Customer. The refund will be made as soon as possible, and at the latest within 14 days from receipt of the Products by the supplier or proof of shipment of the Products provided by the Customer to the Company.
In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that a partial refund may be applied due to a depreciation of the Product(s), returned following the exercise of his right of withdrawal, resulting from handling by the Customer other than that necessary to establish the nature, characteristics and proper functioning of the Products.
10 - RESPONSIBILITY
The Company implements all measures to ensure the Customer is provided with quality Products under optimal conditions. However, the Company may under no circumstances be held liable for any damage attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure.
The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
Before using the Site, the Customer must ensure that he/she has the technical and IT resources to use the Site and order the Site's Products, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his/her hardware/equipment is in good condition and does not contain any viruses.
11 - COOKIES
As part of the use of the Site by Customers, the Company may use cookies.
This information is used to improve the use and operation of the Site as well as the Company's other services. A warning message asks each person visiting the Site, in advance, if they wish to accept cookies. These cookies do not contain confidential information about Customers.
The Customer may disable cookies by changing their browser settings. The Customer is reminded that these settings may modify the conditions of access to content and services requiring the use of cookies. If the Customer's browser is configured to refuse all cookies, the Customer may not benefit from some of the services offered by the Company on the Site.
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies ;
For Safari™: http://support.apple.com/kb/ht1677?viewlocale=fr_FR ;
For Chrome™: https://support.google.com/chrome/answer/95647?hl=fr ;
For Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies ;
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.
12 - INTELLECTUAL PROPERTY
All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any other intellectual property right. These elements are the exclusive property of the Company. All of these rights are reserved worldwide.
The name and brand of the Company, logos, designs, stylized letters, figurative marks, as well as all signs represented on this Site are and will remain the exclusive property of the Company.
No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is strictly prohibited from reproducing (except for his/her personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or otherwise working on the basis of this Site and the material and software contained therein, or selling or participating in any sale in connection with this Site, the material on this Site or any software related thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, trademarks and distinct signs belonging to the Company is strictly prohibited without the express prior agreement of the Company.
13 - NEWSLETTER
By checking the box provided for this purpose when ordering, the Customer accepts that the Company may send him, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to his activity and to the Products and promotions of the Site.
Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
14 - APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed by and interpreted in accordance with French law. However, the Customer is informed that this does not prevent them from benefiting from the protection offered by the mandatory provisions of their country of residence.
In the event of a dispute arising from the interpretation and/or execution of these General Terms and Conditions or in connection with them, the Client may decide to submit the dispute between him and the Company to a conventional mediation procedure or to any other alternative method of dispute resolution.
The Customer can contact the European consumer dispute resolution platform set up by the European Commission: https://webgate.ec.europa.eu/odr/.
If this mediation procedure fails or if the Client wishes to bring the dispute before a court, the courts of France will have jurisdiction. However, the Client is informed that this does not prevent him from contacting one of the courts with territorial jurisdiction under the rules of law applicable to him.