Customer service address:
33601 Pessac cedex
The website www.audistimpharma.com (hereinafter referred to as the “AUDISTIMHARMA site”) is an electronic commerce site accessible to any Internet user. The Site enables Mediweb to offer products for sale (hereinafter referred to as the “Products”) to Internet users browsing the Site (hereinafter referred to as “Customers”).
The Site is published by Mediweb (hereinafter referred to as “Mediweb”), having its registered office at BP 30026, 33601 Pessac Cedex, France, registered with the Bordeaux Trade and Companies Register under number: 82099889600014 as an SAS (French simplified joint stock company) subject to value-added tax. The Site is hosted by 1&1.
Customer service e-mail: email@example.com
Customer service tel.: +33 (0)5 56 69 13 84
Customer service address:
33601 Pessac cedex
These general terms and conditions of sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the parties.
In the event of a contradiction between these documents, the general terms and conditions of sale shall prevail.
All orders for Products offered for sale on the Site imply consultation and express acceptance of these general terms and conditions of sale. Confirmation of the order form as mentioned in Article 6.2. shall be regarded as an electronic signature which, between Mediweb and the Customer, has the same value as a handwritten signature and is proof of completeness of the order and of the payability of the sums due in fulfilment of said order.
Only the Products listed on the Site on the day of its viewing by the Customer are offered for sale.
Product offers are valid while stocks last. In the event of the unavailability of one of the Products, the Customer shall be informed upon receipt of the corresponding invoice by e-mail, as specified in Article 6.3.
The Products are intended for the Customer's personal use, without any direct connection with the Customer’s professional activity. In this respect, the Customer’s attention is particularly drawn to the fact that the amount of each order must not exceed the sum of €1,500. The Customer may consult each Product’s description to learn about its characteristics.
Prices are indicated in euros, inclusive of all taxes, and do not include processing and shipping costs (see the section on delivery/shipping rates and terms), which shall be indicated to the Customer prior to confirmation of the order.
Applicable Value-Added Tax is that in force on French territory. Prices are subject to change at any time. The prices applied are those shown on the Site at the time of the order.
The sale price, including the price of the Products and the processing and shipping costs, is that shown on the shopping-cart summary at the first stage of final validation (Article 6.3).
Mediweb retains full ownership of the products sold until full payment has been received, including the principal sum, costs and taxes.
Personal data is collected by Mediweb for Customer relationship management.
In accordance with the French Data Protection Act 78-17 of 6 January 1978, Customers have the right to access and correct their personal data and object to its processing. To exercise this right, Customers should contact our customer service department by letter (Mediweb, BP30026, 33601 Pessac Cedex, France) or by e-mail using the contact form.
The Customer selects the Products of their choice by clicking on “Add to cart”.
At any time, the Customer may:
To create an account, a new Customer must fill in the form provided, on which they enter the information necessary for their identification, including their e-mail address and a password of their choice (personal and confidential), which will subsequently be used to log into the Site.
The Customer is informed and accepts that entering these two identifiers constitutes proof of their identity, it being specified that an e-mail address is assigned to a single account.
After having read the order and provided all the information requested, to continue to the following page, the Customer must read and accept the general terms and conditions of sale, which they confirm by ticking the box provided for this purpose. A shopping-cart summary page appears on screen mentioning: the Customer's invoice address
On this page, the Customer may modify the information entered.
The Customer clicks on “Confirm order” to confirm their order.
Confirmation of the shopping-cart summary shall be regarded as an electronic signature. This signature, between Mediweb and the Customer, has the same value as a handwritten signature and is proof of completeness of the order and of the payability of the sums due in fulfilment of the order.
Once the Customer has confirmed the order, they become a buyer. It is possible that Mediweb may not confirm the order, particularly in the following cases:
Following payment under the conditions set out in Article 7 below, an order summary is sent to the Customer at the e-mail address provided, and given at the latest at the time of delivery.
This document shall be regarded as an acknowledgement of receipt of the order and it shall indicate all the constituent parts of the contract between Mediweb and the Customer, in particular the exact price charged and the terms of delivery, as well as a return form (or withdrawal form) (Article R.121-1 of the French Consumer Code) to be filled in only in the case of a product return.
The order form is entered in Mediweb’s records, which are stored on a reliable and durable medium. The Customer agrees that Mediweb’s order recording systems constitute proof of contractual relations (nature of the contract, date...).
If a Product is unavailable, this is indicated to the Customer at the time of ordering.
The amount due by the Customer is the amount indicated on the order summary sent to the Customer’s e-mail address. All orders are payable in euros.
The Customer warrants that they have the necessary authorisations to use the method of payment they choose at the time of placing the order.
To ensure secure transactions, Mediweb uses SYSTEMPAY Services for bank card payments.
The Customer’s bank details are encrypted on their computer and then sent securely to SYSTEMPAY. This procedure is carried out using S.S.L. (Secure Socket Layer) encryption technology to protect the payment details as effectively as possible, and also to ensure that the Customer’s banking data never passes through the Customer’s computer system. This is why Mediweb requests the Customer’s data upon each new order.
In the case of a home delivery, the Customer has the option of paying for the order as follows:
(I) Online payment by card: Carte Bleue, VISA, E Carte Bleue. In the event of online payment by card, the Customer is required to indicate the type of payment card, its number, its expiry date and its cryptogram.
(II) Payment by bank transfer
(III) Payment by cheque made out to Mediweb to be sent to Mediweb B.P. 30026 – 33601 Pessac Cedex, France
The Customer’s invoice shall be available directly on the Site in the “My account” section, accessible from the home page. By entering their email address and password, the Customer shall be able to print the invoice for their order. The invoice shall be sent to their e-mail address, at the latest 5 working days after shipping of the Products.
Invoices are archived on a reliable and durable medium to constitute a faithful and durable copy.
Mediweb reserves the right to suspend or close the account of a Customer who contravenes the provisions of these General Terms and Conditions of Sale.
In particular, Mediweb reserves the right to refuse to make a delivery or fulfill an order from a Customer who has not fully settled a previous order or with whom a dispute has not been resolved.
Mediweb agrees to deliver its Products within mainland France. The ordered items are delivered as soon as possible. In mainland France, the delivery time is 72 hours.
Delivery to French overseas departments and territories: 5 to 7 days.
International delivery: 5 to 8 days depending on the country.
Products will be sent to the delivery address indicated by the buyer during the ordering process. This may be to the buyer’s home address, or to any other address different from the invoice address indicated by the buyer.
Mediweb works in cooperation with the French postal service La Poste - Colissimo, allowing the buyer to track the delivery of the order in the case of a complaint.
In the case of absence during a Colissimo delivery to the address indicated by the buyer, a notice of attempted delivery is usually left in the letter box, indicating that the parcel will be presented for delivery again the following day. In the case of absence during the second attempted delivery, another notice will be left in the letter box - it will then be possible to collect the parcel from a post office for a duration of 10 days following the delivery of this notice.
If the buyer fails to collect the parcel at the post office, it will be returned to Mediweb. Customer Service may then contact the buyer about a possible reshipping.
When an order is shipped, Mediweb informs the buyer and provides the Colissimo tracking number.
When an order is shipped, Mediweb informs the buyer and provides the Colissimo tracking number.
In accordance with Article L.138-4 of the French Consumer Code, all risks of loss or damage to goods are borne by Mediweb until the consumer takes physical possession of these goods.
“In the event that a defective or damaged parcel is presented for delivery by the carrier, the Customer is informed of the possibility of refusing to take delivery of said parcel.”
Pursuant to Article L.121-20 et seq. of the French Consumer Code, all buyers may return any item that does not suit them within a period of 14 working days from the date of delivery of their order, without having to justify their reasons, in its original packaging, with its original labels, in new condition, suitable for resale, and to request a full refund without penalty. To enable Mediweb to identify you and process your return as effectively as possible, we would ask you to follow the procedure below:
33601 Pessac cedex
MEDIWEB // AUDISTIMPHARMA
RETURN FORM Please complete and return this form only in the case of a return.
Dear (customer name),
You have 14 days from the date of receipt of your order to return one or more items to us.
MEDIWEB B.P. 30026 33601 Pessac cedex
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods indicated below:
Order date: / Date of receipt:
Customer(s) signature (only in the case of notification of this form on paper):
(*) Delete as appropriate.
Please note: If you do not follow this procedure, your request will be handled but in the case of difficulty identifying you, it may take longer to process.
The refund is made by crediting the payment card used by the buyer at the time of ordering. If the buyer has used a deferred payment card, this refund will only be effective at the end of the month or if the buyer wishes it may be made by cheque.
For hygiene reasons, products that have been visibly used and/or soiled products, as well as products whose protective covers or seals have been opened, may not be returned by the buyer.
Refunds for Products returned under Articles 8 and 9 of these general terms and conditions of sale will be made in full, as promptly as possible and no later than 14 days from the date on which you informed us of your decision to exercise your right of withdrawal. Refunds shall be made by cheque or bank transfer, as proposed by Mediweb. Return postage costs shall be borne by Mediweb.
The Products are covered by the statutory warranty, provided that the conditions of use have been respected.
Article L211-4 of the French Consumer Code The seller shall deliver goods that are in conformity with the contract and shall be liable for any non-conformities existing at the time of delivery. The seller shall also be liable for any non-conformities resulting from the packaging, the assembly instructions or the installation, if the latter was their responsibility under the contract or was carried out under their responsibility.
Article L211-5 of the French Consumer Code To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, if applicable:
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-14 of the French Consumer Code The seller shall be liable for any non-conformities of the product for 2 years.
Non-conformities that appear within 6 months of delivery of the goods. When exercising this legal guarantee of conformity, no costs may be charged to the customer. The seller must firstly propose a repair or replacement, and if neither of these solutions is effective one month after the date of the customer’s complaint, the customer shall be entitled to a refund.
LArticle 1641 of the French Civil Code
The seller shall be liable for hidden defects in the sold goods for a period of 2 years from the discovery of a hidden defect that renders it unfit for the use for which it was intended, or that diminishes such use by so much that the buyer would not have bought it or would only have paid a lower price for it, had the buyer known about them. It is up to the customer to prove the existence of a hidden defect. A partial or total refund may be obtained.
Article 1648 paragraph 1 of the French Civil Code
Action resulting from defects rendering goods unfit for their intended purpose must be brought by the buyer within two years of discovery of the defect.
The Products are in conformity with current French legislation and standards applicable in France.
MEDIWEB undertakes to make every effort to ensure that the photographic representation of the products on the Site is as faithful as possible to the Products ordered.
Mediweb shall not be held liable for any loss of data or files. It is the customer’s responsibility to make all necessary backups.
Mediweb shall not be held liable:
Mediweb shall not be held liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event of force majeure, including cases of disruption or total or partial strikes, in particular of postal services and means of transport and/or communication, flooding, or fire.
Mediweb shall notify the Customer of an event of force majeure of which it becomes aware, no later than 5 working days after its occurrence or no later than 5 working days after Mediweb becomes aware of this event.
Mediweb and the Customer agree that they shall consult each other as soon as possible to determine arrangements for processing the order for the duration of the event of force majeure.
After a period of 1 month of interruption due to an event of force majeure, Mediweb and the Customer shall be released from their obligations to each other.
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Site and all the elements, trademarks, designs, models, logos, graphics, etc. on the Site and their compilation are the exclusive property of Mediweb who does not grant any license or right other than the right to view the Site.
The reproduction or use of these elements, in whole or in part, is solely authorised for information purposes exclusively in a context of personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes infringement sanctioned under Intellectual Property law, save where Mediweb has given prior written consent.
These general terms and conditions of sale and the contractual relations between Mediweb and the Customer are governed by French law. In the event of a dispute with professionals and/or merchants, the Bordeaux courts shall have exclusive jurisdiction. In the event of a dispute, the French courts shall have exclusive jurisdiction. The customer may refer a dispute to: the jurisdiction of the place of residence of the defendant; the jurisdiction of the place of delivery, or of the place of residence of the defendant at the time of entering into the contract or at the time of occurrence of the harmful event.