Terms of service
General Terms and Conditions of Sale:
- Designation of the seller
The website www.carelab.fr is edited by CARELAB S.A.S company, simplified joint-stock company, whose head office is located at 35 B Chemin de Lestang, 31100 Toulouse (France), it is registered at the Register of Commerce and Companies at Toulouse under the number 889 178 687.
This website has as purpose to propose the sales and delivery of natural cosmetic products and medical devices. It also presents informative content about these products.
- Definitions
The words, whose first letter is capitalized, are ascribed in this article; they are used either in singular or in plural.
General Terms and Conditions of Sale: It refers to the present general terms and conditions of sale, in its currently valid version on the website www.carelab.fr
Customer: It refers either to an individual or a business customer.
Individual Customer: It refers to every person who is more than 18 years, acting as a natural person, having the legal capacity, and acting within the framework of his/her own purposes and needs, a minor’s needs, or as a legal guardian.
Business Customer: It refers to every natural person or a person exercising a cosmetic, medical, or paramedical activity, and that has the title, accreditation, or authorization needed for exercising. The products sold by CARELAB SAS can be purchased by health professionals as defined in articles L4111-1 to L4163-10, articles L4211-1 to L4252-3, articles L4311-1 to L4394-3 of the French Public Health Code. The term business customer aims mainly, but not exclusively, at dermo cosmetics laboratories, hospitals, clinics, physicians, professions related to pharmacy and medical physics, as well as medical assistants.
Purchase Order: It refers to every order from the customer, confirmed by the e-mail sent to him/her with the purchase process.
Medical Device: As defined in article L5211-1 of the French Public Health Code “any instrument, device, equipment, material, product, with the exception of products of human origin, or any other article whether used alone or in combination, including the accessories and software needed for its correct functioning, intended by the manufacturer to be used in human for medical purposes and whose desired main action is not obtained by pharmacological or immunological means or by metabolism, but whose function can be assisted by such means. Also, the software intended by the manufacturer to be used specifically for diagnostic or therapeutic purposes constitutes a medical device.”
Product: It refers to every product offered for sale on the website www.carelab.fr; in particular, dermo cosmetic products and medical devices.
Website: It refers to the website which can be accessed via www.carelab.fr and which is edited by CARELAB SAS society.
- General terms related to the present Terms and Conditions of Sale
Purpose
The present Terms and Conditions of Sale aim to define the contractual conditions between CARELAB SAS and the customer, who can be either business or individual, within the framework of product sales by CARELAB SAS, carried out through their website.
The present Terms and Conditions of Sale state all the obligations of both parts. The parts agree that their relationship will be determined exclusively by the present Terms and Conditions of Sale, excluding any condition previously available on the website. However, if a condition is found to be lacking, it would be governed by the procedures in force in the field of distance selling companies which have headquarters in France.
The customer acknowledges having become acquainted with all the aforementioned information and the general Terms and Conditions of Sale prior to submitting the purchase order.
This contract is consistent with the current French legislation, and particularly with the Law 2004-575 also known as the Law on Confidence in the Digital Economy. It is also in accordance with the recommendations of OECD in the field of electronic commerce, as well as the dispositions of Châtel Law (entry into force on June 1st, 2008) and of Hamon Law (entry into force on June 13th, 2014). The registration on the website and the execution of a purchase order are strictly reserved for major customers, that have legal capacity.
The resale or distribution of products purchased through the website is totally forbidden.
- Opposability
The present general Terms and Conditions of Sale are available for our customers, for allowing them to place a purchase order. Consequently, the fact of placing it through the website implies full and unconditional acceptance from the customer to such terms and conditions.
Any contrary condition proposed by the customer will be a fault to the prior acceptance, written and expressed, unenforceable to CARELAB SAS, regardless of the time when it may have been brought to its knowledge. The fact that CARELAB SAS does not cite one of these general Terms and Conditions of Sale at a given time, does not imply to waive the right to prevail at another time against any one of the said conditions.
- Modification
The present general Terms and Conditions of Sale cancel and replace those previously sent. They can be modified at any time by CARELAB SAS, without notice, being understood that those modifications would not be applied to the purchase orders previously accepted by the later.
- Customer
The products sold by CARELAB SAS on the website can be purchased by individual or business customers.
Regarding the medical devices, the principle is that of free marketing.
- Individual Customers
The customer acting as an individual one, benefits from all the applicable legal conditions and regulations, especially under Customary International Law (article 221-1 and following of the French Consumer Code).
CARELAB SAS reserves the right to refuse a Purchase Order when a product can not be sold to an individual customer.
Some products can not be sold to individual customers. Any purchase order made by an individual customer of a product whose sale is restricted to a business customer could not be fulfilled and it will be blocked. The customers are asked to verify their application form, requesting to indicate whether they are individual or business customers.
- Business Customers
The products sold by CARELAB SAS on the website can be purchased by business customers, as part of their business, to benefit from all the applicable legal conditions and regulations, especially under Customary International Law and the French Public Health Code.
CARELAB SAS reserves the right to request any document and/or any proof to the business customer to validate his/her purchase order, to prove the reality of his/her professional practice and the compliance with current regulations in terms of authorization and declaration.
The customer guarantees the authenticity of the documents provided and will be responsible of every consequence that could result from false or inexact supporting documents.
- Products
- Products information
Only those products listed on the website at the date and time of the purchase order made by the customer are offered for sale, within the limit of available product stock.
The product offered for sale is the article specifically exhibited in the product description, excluding any visible decoration on the website that is used as a serving suggestion. CARELAB SAS makes its best effort for presenting the products characteristics. The description and characteristics of each product can be consulted in the descriptive sheet of the product.
The products and services proposed by CARELAB SAS are presented on the website in French, English and Spanish. Any national of the European Community and the countries respecting the directive 95/46/CE cannot claim his/her linguistic misunderstanding as clause of cancellation of the contract.
- Products availability
The products and prices offered are valid for as long as they are visible on the website, while stock is available. In case that a product is unavailable after the purchase order, the customer will be notified by email without undue delay. CARELAB SAS will propose him/her, if possible, a similar product for the same price. If it is not accepted, and if the price has already been debited, CARELAB SAS will reimburse the customer within a maximum of fourteen (14) days.
CARELAB SAS does not guarantee on the website the availability of all the products and services in real time. Within this framework, the indications about products availability are given at the moment of the purchase order confirmation.
- Purchase Orders
- Purchase order process
The customer that wants to purchase a product on the website must necessarily follow the process described hereafter.
The customer must fill the identification form on which he/she will indicate all the personal data required or he/she will identify him/herself thanks to the user account if he/she already has one. The personal data collected when the purchase order is placed, is treated in accordance with the current legislation related to the protection of personal data and the article 16 of these general Terms and Conditions of Sale (“Personal Data”).
The information and details provided by the customer during the purchase order are part of the sales contract. In case of input error(s), CARELAB SAS will not be responsible of the consequences that this could cause for the customer. The customer must fill in the purchase order online and give all the references of the products selected, as well as the desired quantities. The customer verifies the details of his/her purchase order and its total price. There is the possibility of correcting any errors before confirming for the second time the purchase order.
The purchase order confirmation expresses the acceptance of the general Terms and Conditions of Sale, recognition of complete comprehension, and if necessary, a disclaimer regarding his/her own terms of purchase or other conditions.
A customer’s non-respect of the obligations signed up for the general Terms and Conditions of Sale, any incident related to the payment of the purchase order price, any contrary act to the interests of CARELAB SAS, the release of false information in the creation of the account; may lead to the service suspension on the website, early cancelation of the customer account depending on the seriousness of the acts into question, without claiming damages or compensations to CARELAB SAS. CARELAB SAS reserves the right to reject any purchase order from a customer who may be involved in a litigation, even if a new account is used.
- Purchase order confirmation
Every purchase order made through the website must be confirmed by CARELAB SAS for it to be definitively accepted.
The purchase order confirmation will be submitted by email to the customer as soon as possible, in the case that the customer provides a valid email that is not under any usage restriction. In this precise case, CARELAB SAS will not be responsible for non-receipt of the purchase order confirmation which includes all the contractual information and the evidence of the transaction.
- Purchase order delivery
CARELAB SAS reserves the right to reject a purchase order because of a “legitimate reason” (as defined by the case-law), and (without this list being restrictive) in case of:
- Product unavailability, excessive request by the customer, presumption of impossibility of acquisition by the customer, or manifested intention by the customer to harm CARELAB SAS.
- Fraud or attempts related to the website usage.
CARELAB SAS reserves the right to reject a purchase order, in case of an obvious typing mistake leading to an unbelievable price display. CARELAB SAS will contact the customer to know if he/she would like to maintain or cancel his/her purchase order according to the price he/she is told.
Finally, CARELAB SAS reserves the right to reject a purchase order in case of litigation with the customer, total or partial non-payment from a previous purchase order, refusal of banking authorization at the moment of the online payment process.
In all the other cases, CARELAB SAS agrees to complete the purchase order and to deliver the product(s) to the customer not later than the delivery deadline indicated in the purchase order confirmation email.
- Price
The prices are valid if they are visible on the website, only within the limit of available product stock. CARELAB SAS reserves the right to modify the prices at any moment and commits to apply the valid rate on the validation date of the purchase order, subject to the availability of the product ordered on that date.
The prices are indicated in Euros (€) including all taxes. Taking into account the Value-Added Tax (VAT) applicable at the date of the purchase order.
However, the sales prices do not include shipping costs, which are added to the prices of the products purchased after the total of the purchase order. The shipping costs will be indicated before the purchase order registration to the customer, known as “delivery costs”.
- Payment
All the purchase orders are paid in euros (€) and according to the following means of payment:
- Bank or private card (debit card, Visa, Eurocard/Mastercard, American Express), indicated directly in the zone designated for this (secure data using SSL), the card number without spaces between the numbers, its expiration date, and its check code.
- PayPal (the customer is subject to PayPal’s terms and conditions of use), this implies that no banking information concerning him/her is transmitted via our website.
The customer guarantees CARELAB SAS that he/she is fully authorized to use the payment card for paying his/her purchase order and that his/her means of payment give legitimate access to sufficient funds for all the costs involved in the purchase order on the website, which shall not be responsible for any fraudulent use of the means of payment used.
For this reason, some verifications can be made by CARELAB SAS. In the case that the personal data provided by the customer is verified by CARELAB SAS, contact information related to the customer’s purchase order is processed automatically, for which CARELAB SAS is responsible. This automated data processing aims to define a transaction analysis level and to fight against bank card fraud.
CARELAB SAS is the recipient of the data related to the customer’s purchase order. The non-transmission of data related to your purchase order prevents the analysis and the execution of it.
The occurrence of any unpaid bills due to bank card fraud shall automatically generate data registration linking to his/her purchase order related to the unpaid bill in a specific payment incident database created and run by CARELAB SAS. Any false declarations or anomalies may also be registered in such database.
According to the French Data Protection and Freedom of Information Law of January 6th, 1978, the customer has at any time the right of access, rectification and opposition to all of his/her personal data by writing a letter, with a proof of his/her identity, to CARELAB SAS – Service Informatique et Libertés – 35 B Chemin de Lestang 31100 Toulouse, France.
Any payment will be processed by a personal data encrypting secured procedure, so that any information given by the customer cannot be intercepted by thirds.
The debit of the purchase order placed by the customer is made when the purchase order is validated, having obtained prior permission to debit from the customer’s bank account with appropriate payment center. Otherwise, the purchase order made by the customer could not and will not be taken into account. By providing the bank information, the customer authorizes CARELAB SAS to debit immediately from his/her debit card the amount specified.
- Billing
A bill is automatically generated once the customer purchase order has been confirmed by CARELAB SAS. This is sent to the email address given by the customer throughout the purchase order. It is also available and retrievable continuously via the customer account. The customer shall save and store his/her bills. As a matter of fact, the customer accepts expressly that the bills are transmitted in an electronic way.
The bill mentions the following elements:
- CARELAB SAS identification and personal data
- The delivery costs
- The arrangements for payment and delivery
- The essential features of the products ordered
- The prices
- The address where customers can submit their claims
- Retention of ownership
The products delivered to the customer are property of CARELAB SAS as long as the customer has not paid the whole price (principal amount and incidentals), resulting from his/her purchase order. The payment in the meaning of the present clause is understood as the actual cashing of the price to CARELAB SAS.
The risks, thefts, losses, or deteriorations of the products and also the damages that can be suffered are transferred to the customer, as soon as they are placed at his/her service.
- Delivery
- Delivery terms
The products are sent to the delivery address given during the purchase order process.
The customer can consult and track the purchase order via his/her CARELAB SAS customer account.
The customer is informed by email about the purchase order shipment. This email has the website address for following the delivery status of the package, also the tracking number, if needed.
In case of addressee’s absence at the moment of the delivery, the carrier will leave a delivery notification and the customer, or the addressee has a period of fifteen (15) days to collect the package according to the information given in the delivery notification. After this deadline, the order will be returned automatically to CARELAB SAS, who will contact the customer for defining the conditions for any future shipment. The processing fees of the new delivery will be billed to the customer.
- Delivery times
CARELAB SAS commits to make its best efforts so that the products are delivered quick. However, the delivery times presented in this general Terms and Conditions of Sale are not guaranteed and they are subject to change in case of occurrence of unexpected events. In case of delays detected by the customer from the expected delivery date, the customer can contact CARELAB SAS via the email info@carelab.fr
Hypothetically, if the delivery time exceeds thirty (30) calendar days, the customer may proceed to cancel the order via the email info@carelab.fr. In this case, CARELAB SAS confirms the cancelation and reimburses to the customer the price paid for his/her order in the following fourteen (14) days.
Any delay in the products’ delivery shall not entitle the customer to damages.
- Delivery costs
For deliveries in metropolitan France, the shipping costs are charged to the customer for all the purchase orders according to the detailed pricing in this clause. The shipping costs are shown at the end of the purchase order before the customer validation option.
Charge only for the individual customers:
| Delivery in metropolitan France | Delivery in Overseas Departments and Territories and Europe | |
|
Standard delivery
Colissimo At home Under signature |
Delivery 2 to 3 working days on average
3,50€ ex-tax 4,20€ including all taxes |
Delivery 3 to 5 working days on average
6,50 ex-tax 7,8€ including all taxes |
|
Express delivery
Chronopost At home Under signature |
Next-day delivery before 13h if the purchase order was validated before 12h
14,50€ ex-tax 17,40€ including all taxes |
Delivery 2 to 4 working days
14,50€ ex-tax 17,40€ including all taxes |
|
Express delivery
Chronopost Relais Access point Under signature |
Next-day delivery before 13h if the purchase order was validated before 12h
5,50€ ex-tax 6,6€ including all taxes |
Delivery 2 to 4 working days
12,50€ ex-tax 15,00€ including all taxes |
The deliveries in Switzerland are priced 12,50€ ex-tax without deadline.
* The rate for business customers will depend on the weight of the whole order and the destination.
- Risks transfer
The delivery is understood as transference to the customer of the physical possession or product control.
For the individual customer, the product risk of loss or damage is transferred to him/her, or a third designated by him/ her, at the moment in which he/she takes physical possession of the product, regardless of the shipment modalities, and the fixed price (net price, without taxes).
CARELAB SAS is only responsible of the product until the moment it is delivered to the individual customer, or the third designated by him/her.
For the business customer, the product property transfer is performed with the product delivery to the carrier.
- Delivery reservations – Claims
It is up to the customer to verify the correspondence of the goods delivered at the time of the delivery and before signing the delivery order of the carrier. It is settled and handed over to the customer a delivery order or a shipment document. They are signed by the customer and it specifically mentions any reservation raised by him/her, in particular it includes conditioning, the weights, the packing list, the quality and the quantity of the products.
The reservations or the claims related to apparent defects or non-compliance of the product delivered and the product ordered or the delivery order, supported by the necessary documents, must be formulated to us by email, within maximum three (3) calendar days after the date of receipt of the goods, in accordance with article L133-3 of the French Commercial Code.
When the products are not delivered by a carrier but by the mail, the customer must communicate his/her reservations or claims, supported by the necessary documents, by email, within maximum three (3) calendar days after the date of receipt of the goods.
- Withdrawal, return and reimbursement
- Right of withdrawal
In accordance with the article L121-20 of the French Consumer Code and the law n° 2014-344 related to the consumption, the individual customer has a period of fourteen (14) calendar days to exercise his/her right of withdrawal without having to give any reasons or incurring penalties. The period of fourteen (14) days shall run from the date of receipt of the products ordered. The customer has on principle the right of sending back or of restoring the product(s) to CARELAB SAS or to a person designated by the latter, without undue delay, and not later than the fourteen (14) days after the communication about his/her decision to withdraw.
- Exercising the right of withdrawal and return process.
For exercising his/her right of withdrawal and return the product(s) concerned, the customer must use the withdrawal form available on the website. CARELAB SAS will send the customer an acknowledgement of receipt of the return.
Withdrawal form to fulfill here.
The mere return of the product(s) without registration or the refusal to accept the delivery are not enough to express the customer will of withdrawal, and that would not give rise to the purchase order reimbursement.
Likewise, the packages that are handed back to the delivery company with no identification (order number, last name, name, address) will not be taken back.
The product(s) must be returned in its original condition and packaging, complete and accompanied by a copy of the purchase bill. The products must not have suffered alterations, of any kind.
- Reimbursement
The product(s) return will give rise to a reimbursement equal to the sale price, including the sum paid by the customer in order to pay the delivery amount off.
The customer reimbursement will then take place within fourteen (14) days from the exercising of his/her right of withdrawal, once the latter has provided the evidence of the dispatch, or from the products recovery by CARELAB SAS.
The return costs will be paid by CARELAB SAS.
- Warranty
CARELAB SAS commits to meet its obligations related to warranties attached to the products sold on the website. Indeed, the customer shall contact CARELAB SAS if he/she considers that the good delivered is not in accordance with its intended purpose or even because it has hidden defects. Understanding that the legal compliance warranty expires after two (2) years from the products delivery and that the legal warranty of hidden defects must be activated by the customer during two (2) years from the discovery of the hidden defects, the customer has the responsibility to prove the existence of those hidden defects.
According to the article L 217-4 of the French Consumer Code: “The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery.”
According to the article L 217-5 of the French Consumer Code: “In order to comply with the contract, the goods must:
- Be fit for the purpose usually expected of such goods and, where applicable: correspond to the description provided by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model; possess the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the labelling.
- or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by him.”
CARELAB SAS is required to legally guarantee against hidden effects, under the article 1641 and the following of the French Civil Code which states: “The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had he known of the defect.”
The products sold on the website are in accordance with the current legislations and regulations in France.
- Responsibility
CARELAB SAS will not be held responsible for any damages, material, immaterial or physical, direct, or indirect, which may result from a poor functioning or inadequate use of the traded products.
Among other things, CARELAB SAS cannot under any circumstances, be held responsible for a medical risk associated with the traded products use. For some products, users are advised to ask a healthcare professional before using it, or what is mentioned in the product description on the website as well as in the product manual.
Also, CARELAB SAS cannot be held responsible for possible modifications carried out by the manufacturer in the products.
CARELAS SAS responsibility will be in any case limited to the amount of the purchase order and it will not be assumed for simple errors or omissions that may have subsisted despite the precautions taken in the product presentation.
- Materials vigilance
The customer is requested to declare any deficiencies encountered in one or many products purchased on the website in the portal www.signalement-sante.gouv.fr, such as any adverse or unwanted reactions, suspected to be related to a medical product, even if they are already mentioned in the product manual.
The monitoring of incidents or risks of incidents that arise due to the use of medical devices allows to take, if necessary, the appropriate preventive or corrective actions. By reporting the incidents that had an impact or that present a risk for the health arising from the use of a medical device, the customer contributes to incidents’ prevention related to its use.
- Personal Data
According to the French Data Protection and Freedom of Information Law of January 6th, 1978, the customer has at any time the right of access, rectification and opposition to all of his/her personal data by writing a letter, with a proof of his/her identity, to: CARELAB SAS – Service Informatique et Libertés – 35 B Chemin de Lestang 31100 Toulouse, France.
The information and contact details regarding the customer are confidential. They are used for the purchase orders processing and for sending him/her information about similar products to those previously provided. The customer has the possibility to refuse without charges, except those related to the transmission of this refusal, and in an easy way, to the use of his/her contact details, each time a message is addressed to him/her. To do this, it is only necessary to write to the following address: info@carelab.fr
According to the provisions set out in the article L223 – 2 of the French Consumer Code, the customer is informed of the fact that the customer has the right to register in the opposition list of cold calling in the following address: https://conso.bloctel.fr, section “You are a consumer”. The customer has to follow the registration procedure that allows him/her to oppose cold calling.
- Intellectual property
The website structure, as well as all the texts, images, logos that make it up, are exclusive property of CARELAB SAS or have been the object of a partial transfer of rights, or of a publication authorization by their authors.
Any reproductions, modification, adaptation, translation, commercial use, on the total or partial, publication, licensing, transfer, or sale, by any means, in whole or in part of the website is strictly forbidden, without the written consent of CARELAB SAS.
The company provides the user and the customer a simple temporary license for usage strictly limited to any necessary acts to consult the website, the information, or the execution of a purchase order, excluding any other use.
Any technical, commercial, financial, or legal document or information about the company or related to the products, whether specific or not, of any kind, which were available for the customer, are regulated by the Intellectual Property Law and remain the exclusive property of CARELAB SAS.
Under any circumstance these documents and information can be reproduced, exploited, published, or transmitted, in any way to thirds, without a prior written agreement of CARELAB SAS.
- Major force
CARELAB SAS shall not be held liable if its failure or delay to perform any of its obligations described in the present general Terms and Conditions of Sale arises from a case of major force. In this regard, the major force is understood as any external, unforeseeable, and unavoidable event, according to the article 1148 of the French Civil Code.
- Standards and regulations compliance
The products delivered by CARELAB SAS company are in conformity with current European standards. The compliance of these European standards is guaranteed by the manufacturers of these products.
- Litigation – Competent court
Any dispute related to the interpretation and performance of the present general Terms and Conditions of Sale shall be governed by French law.
In case of litigation, the parties must opt for friendly settlement. The customer has the possibility to use a conventional mediational procedure or any other alternative method of the dispute settlement.
The legal time-limit period is applied to any action other than:
- Claims for payment of unpaid bill by the customer that are prescribed for ten (10) years.
- Claims of rebates and discounts that are prescribed for one (1) year from the products billing date.
If there is no friendly settlement, the litigation will be referred to the Commercial Court of Toulouse.