- Scope of application and acceptance of terms and conditions
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 contradiction between these documents, the general terms and conditions of sale shall prevail.
Any order for a Product offered on the Site implies consultation and express acceptance of the present terms and conditions of sale. Validation of the order form as mentioned in article 6.2. constitutes an electronic signature which has, between MEDIWEB and the Customer, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the said order.
2. PRODUCTS :
Only the Products listed on the Site on the day of its consultation by the Customer are offered for sale.
Product offers are subject to availability. In the event of unavailability of one of the Products, the Customer will be informed by e-mail upon receipt of the corresponding invoice, 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 €1,500. The Customer is invited to consult the description of each Product to find out its characteristics.
Orders placed via the site imply unreserved acceptance of these GTC. The member declares that he/she has read and accepts the rights and obligations pertaining thereto.
3. PRICE :
Prices are indicated in Euros, inclusive of all taxes, and do not include shipping and handling costs (see Prices and shipping/delivery terms), which will be indicated to the Customer before the order is validated.
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 the order is placed.
The price of the sale, including the price of the Products and the price of processing and shipping, is that shown on the summary order form at the first stage of final validation (article 6.3).
4. Reservation of ownership
MEDIWEB retains full ownership of the products sold until full payment has been received, including principal, costs and taxes.
5. Information technology and civil liberties :
Personal information is collected by Mediweb to manage the relationship with the Customer.
In accordance with the French Data Protection Act 78-17 of January 6, 1978, customers have the right to access, rectify and object to data concerning them. To exercise this right, the customer must contact our customer service department by post (MEDIWEB, BP30026 - 33601 Pessac cedex) or by e-mail using the contact form.
The Site uses cookies. A cookie is a computer file stored on the hard disk of the customer's computer. Its purpose is to indicate a previous visit by the Customer to the Site. Cookies are used by MEDIWEB for the sole purpose of personalizing the service offered to the Customer.
Customers may refuse cookies by configuring their Internet browser. In this case, the customer loses the ability to personalize the service provided by MEDIWEB.
6. ORDERING :
6.1. Registration:
The Customer selects the Products of his/her choice by clicking on "Add to my basket"
At any time the Customer may :
- check the number and details of the Products contained in the basket, indicated under the "My basket" icon
- continue selecting Products by clicking on the "Continue shopping" button
- complete your order by clicking on the "Checkout" button.
Customers who already have an account must identify themselves by entering their e-mail address and password.
To create an account, the new Customer must fill in the form provided, on which he/she will enter the information required for identification, including his/her e-mail address and a password of his/her choice (personal and confidential), which he/she will subsequently use to identify him/herself on the Site.
The Customer is informed and accepts that the entry of these two identifiers constitutes proof of identity, it being specified that an e-mail address is assigned to a single account.
After having read the Order and having provided all the information requested, the Customer, in order to access the next page, must read and accept the general terms and conditions of sale, which he acknowledges by ticking the appropriate box.
An order summary page appears on the screen, showing: the Customer's billing address
- the delivery address of the Products
- a summary of the order (products, price and quantity)
- the total amount of the order, and the lump sum for processing and delivery costs
On this page, the customer can modify the information entered.
6.2. Order confirmation :
The Customer clicks on "I validate my order" to confirm his Order.
Validation of the order summary constitutes an electronic signature. This signature has, between MEDIWEB and the Customer, the same value as a handwritten signature and is proof of the completeness of the Order and of the payability of the sums due in execution of the Order.
Once the Order has been validated, the Customer becomes a buyer.
MEDIWEB may not validate the order, in particular in the following cases:
- total or partial non-payment of a previous order by this Customer
- customer's bank incident
- abnormal orders, in particular those exceeding the thresholds set out in article 2 of these general terms and conditions.
- In the event of force majeure (article 13)
6.3. Acknowledgement of order :
Once payment has been made in accordance with the conditions set out in article 7 below, a summary of the order will be sent to the Customer's e-mail address, at the latest at the time of delivery.
This document is equivalent to an acknowledgement of receipt and includes all the elements of the contract between MEDIWEB and the Customer, in particular the exact price invoiced and the terms of delivery, as well as a return slip (article R.121-1 of the French Consumer Code) to be completed only in the event of the return of the product.
The order form is recorded on MEDIWEB's registers, which are kept on a reliable and durable medium. The Customer accepts that MEDIWEB's Order registration systems shall constitute proof of the contractual relationship (nature of the contract, date, etc.).
The unavailability of a Product is indicated to the Customer at the time the order is placed.
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PAYMENT :
The amount due by the Customer is the amount indicated on the summary order form sent to the Customer's e-mail address.
All orders are payable in euros.
The Customer guarantees that he/she has the necessary authorisation to use the method of payment he/she has chosen when registering the Order.
7.1. Payment security
To ensure the security of transactions, MEDIWEB uses SYSTEMPAY Services for credit card payments.
The customer's bank details are encrypted on his computer and then transmitted securely to SYSTEMPAY. This procedure is managed by the encryption technology S.S.L. (Secure Socket Layer) in order to protect payment data as effectively as possible, and to ensure that the customer's bank details never pass through the customer's computer system. MEDIWEB therefore requests the Customer's data for each new Order.
7.2. Terms of payment
In the case of home delivery, the Customer may pay for the Order :
(I) Online payment by Card: Carte Bleue, VISA, E Carte Bleue. In the event of online payment by Card, the Customer is required to provide the type of payment Card, its number, expiry date and cryptogram.
It guarantees :
- that he/she is fully authorized to use said Card ;
- the Card provides access to sufficient funds to cover all costs resulting from the Order.
(II) Payment by bank transfer
(III) Payment by cheque made out to Mediweb and sent to Mediweb B.P. 30026 - 33601 Pessac cedex
7.3. Access to invoice
The Customer's invoice will be available directly on the Site in the "my account" section, accessible from the home page. By entering his e-mail address and password, the Customer will be able to print the invoice relating to his Order. The invoice will be sent to the Customer's e-mail address no later than 5 working days after shipment of the Products.
Invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy.
7.4. Default of payment
MEDIWEB reserves the right to suspend or terminate the account of any 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 to execute an order from a Customer who has not fully settled a previous Order or with whom a dispute has not been resolved.
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DELIVERY :
Mediweb undertakes to deliver its products in metropolitan France. Items ordered are delivered as quickly as possible. Delivery time in mainland France is 72 hours.
- Delivery to French overseas departments and territories: 5 to 7 days.
- International delivery: 5 to 8 days depending on country.
Products will be sent to the delivery address indicated by the buyer during the ordering process. This may be to the purchaser's home address, or to any other address other than the billing address indicated by the purchaser.
Mediweb works in collaboration with La Poste - Colissimo, which enables the buyer to track the delivery of his order in the event of a complaint.
In the event of absence during a Colissimo delivery to the address indicated by the purchaser, a delivery notice is normally left in the letterbox, indicating that the parcel will be represented the following day. If the customer is absent again during the second delivery, a notice will again be left in the letterbox - it is then possible to collect the parcel from a post office within 10 days of the notice being left.
If the buyer does not collect the parcel from the post office, the parcel will be returned to Mediweb. Customer Service will then contact the buyer to arrange for reshipment.
Each delivery is considered to have been made as soon as the products ordered have been made available to the purchaser. This can be verified by the delivery control and tracking system offered on the Post Office website in the case of a Colissimo delivery.
When an order is dispatched, Mediweb informs the buyer with a 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 the goods.
"In the event of presentation of a defective or damaged parcel by the carrier, the customer is informed of the possibility of objecting to delivery of said parcel".
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RIGHT OF WITHDRAWAL :
9.1 Scope of the right of withdrawal
In accordance with article L.121-20 et seq. of the French Consumer Code, all buyers have a period of 14 working days from the date of delivery of their order to return, without having to justify their reasons, any item that does not suit them, in its original packaging, with its original labels, in new condition, suitable for re-marketing, and request a full refund without penalty.
To enable Mediweb teams to identify you and process the return of your product, please follow the steps below:
- Click on "Contact us" and fill in the form.
- Print your invoice from your customer account or your E-Mail address, print the return form sent by E-Mail or on delivery, duly completed, and enclose your return products
- Send your parcel to the following address:
MEDIWEB
Returns department
B.P. 30026
33601 Pessac cedex
MEDIWEB // AUDISTIMPHARMA
RETURN VOUCHERPlease complete and return this form onlyin case of return.
Dear (customer name),
You have 14 days from the date of receipt of your order to return one or more items.
Return procedure :
- Products must be returned in their original packaging and in perfect condition.
- Products must be returned to the following address:
MEDIWEBB.P. 30026 33601 Pessac cedex
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on: / received on :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
Please note: if you do not follow this procedure, your request will be processed, but if you have difficulty identifying yourself, it may take longer to process.
Refunds will be made by crediting the payment card used by the purchaser to place the order. If the purchaser has used a deferred debit card, the refund will only be made at the end of the month, or by cheque if desired.
9.2 Exceptions to the right of withdrawal
For reasons of hygiene, products bearing the marks of use and/or soiled products, as well as products whose protective covers or seals have been opened, may not be returned by the purchaser.
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Refunds :
Refunds for Products returned under Articles 8 and 9 of these General Terms and Conditions of Sale will be made in full, as soon as possible and no later than 14 days from the date on which you informed us of the Customer's decision to exercise his/her right of withdrawal. Refunds will be made, at MEDIWEB's discretion, by cheque or bank transfer.
Mediweb is responsible for return shipping costs.
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Warranty:
The Products benefit from the legal regime, provided that the conditions of use have been respected.
Article L211-4 of the French Consumer Code
The seller is obliged to deliver 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 defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L211-5 of the French Consumer Code
To conform to the contract, the good must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model ;
- have 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 present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-14 of the French Consumer Code
The seller is liable for any lack of conformity of the product for 2 years.
Conformity defects that appear within 6 months of delivery of the goods. When exercising this legal warranty of conformity, no costs may be charged to the consumer. The seller must first propose a repair or replacement, and if neither of these solutions is effective within one month of the date of the consumer's complaint, the latter may demand a refund.
LArticle 1641 of the French Civil Code
The seller is liable for hidden defects in the item sold for a period of 2 years from the discovery of the hidden defect, which render it unfit for its intended use, or which so diminish that use that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. It is up to the consumer to prove the existence of a latent defect. A partial or total refund may be obtained.
Article 1648 paragraph 1 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.
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Responsibilities
The Products comply with current French legislation and applicable standardsin France.
MEDIWEB undertakes to use its best efforts to ensure that the photographic representation of the products on the Site is as faithful as possible to the Products ordered.
MEDIWEB cannot be held responsible for any loss of data or files. It is the customer's responsibility to make all necessary backups.
MEDIWEB cannot be held responsible for :
- non-performance of the contract in the event of stock shortage or unavailability of the Product due to force majeure ;
- any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on its Site;
- for any damage resulting from the use of, access to, or inability to use information contained on its sales site or originating from a site referred to by a hypertext link,
- and more generally, for any damage, direct or indirect, whatever the cause, origin, nature or consequences, including in particular costs relating to the loss of property data caused by access to the Site, or the impossibility of accessing it, or by the use of the Site.
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Force majeure
MEDIWEB shall not be liable for total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, including disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flood or fire.
MEDIWEB shall notify the Customer of any event constituting force majeure of which it is aware, within 5 working days of its occurrence or MEDIWEB's knowledge of such event.
MEDIWEB and the Customer agree that they shall consult as soon as possible in order to determine the terms and conditions for processing the order during the period of force majeure.
After a period of 1 month of interruption due to force majeure, MEDIWEB and the Customer shall be released from their obligations to each other.
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Intellectual property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Site and all elements, trademarks, designs, models, logos, graphics, etc. found on the Site as well as their compilation are the exclusive property of MEDIWEB which does not grant any license or any right other than that of consulting the Site.
The reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under Intellectual Property law, unless prior written authorization has been obtained from MEDIWEB.
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Applicable law - Jurisdiction
These general terms and conditions of sale and the contractual relationship between MEDIWEB and the Customer are governed by French law. In the event of litigation with professionals and merchants, the courts of Bordeaux shall have exclusive jurisdiction. In the event of a dispute, the French courts shall have sole jurisdiction. The consumer may bring the matter before: the court of the place where the defendant resides; the court of the place of delivery, or of the place where the consumer resided at the time the contract was concluded or at the time the harmful event occurred.
