Applicable from July 20, 2022
IMPORTANT: Please read these general conditions carefully: they define the conditions and terms of sale applicable when you place an order on the site. www.medisur.fr/eshop/.
The terms below used in these general conditions of use and sale, both in the plural and in the singular, will have the following meaning:
customer : any adult natural person, having the capacity to contract and having the quality of consumer within the meaning of the preliminary article of the Consumer Code, who orders the Products on the Website for non-professional purposes under the conditions defined below. after.
General Conditions of Use and Sale or CGUV : the present general conditions applicable between MEDISUR and the Customer, which the Customer declares to accept when ordering Products, which govern the use of the Website and the sale of the Products.
MEDISUR : MEDISUR, a simplified joint-stock company, registered under number 813 334 893 RCS Aix-en-Provence, whose registered office is located at Pôle Yvon Morandat, 1480 Av. d'Armenie, 13120 Gardanne, represented by its current Chairman, which and sells the Products on the Website.
Product: any product offered for sale by MEDISUR on the Website, in particular in vitro diagnostic medical devices (such as “self-tests”).
Website: accessible infrastructure at www.medisur.fr/eshop/ property of and operated by MEDISUR.
PURPOSE AND APPLICATION OF THE GENERAL CONDITIONS OF USE AND SALE
These General Conditions of Use and Sale define the rights and obligations of MEDISUR and the Customer applicable to the sale of the Products, which the Customer accepts by ordering the Products on the Website.
The unreserved acceptance of these GCUS will consist in the fact, for the Customer, of ticking the corresponding box. These GTCUS are permanently accessible on the Website, in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.
MEDISUR reserves the right to modify the (B2C). The applicable (B2C) conditions will be the conditions in force and accepted by the Customer when placing the order.
The Products offered on the Website are intended solely for sale to individuals.
Creating an account : the order supposes the creation of an account by the Customer, at any time by clicking on "Register / Connect" or at the latest when placing his order.
The Customer undertakes to provide accurate information. The provision of false information by the Customer having made it impossible for MEDISUR to perform its obligations, in particular the delivery of the Products, cannot engage the responsibility of the latter for this fact.
The account will be accessible using the login credentials (e-mail address and password) chosen by the Customer at the time of registration. The Customer acknowledges that his identifiers and password are strictly personal and confidential. It is therefore forbidden to communicate or share them with third parties. For security reasons, it is recommended that the Customer choose a strong password in accordance with the applicable standards (8 characters, with upper and lower case letters, numbers and special characters). In the event of suspicion of fraudulent use of his identifiers, the Customer must immediately inform MEDISUR.
The customer account allows the Customer to manage his information and addresses, to access the history of his orders and to manage the data relating to his account.
Product Selection: in order to place an order via the Website, the Customer must select the Products he wishes to purchase by adding them to the basket.
In accordance with articles L111-1 and following of the Consumer Code, the characteristics of the Products are detailed on the pages of the Website relating to each Product.
The Customer's attention is drawn to the fact that the basket is intended solely to list the Products chosen by the Customer and in no case to make them unavailable to other users. The Products will only be reserved and the price updated at the time of validation of the order.
Once the selection of Products is complete, the Customer finalizes his order from the basket.
Ordering Products : the Customer will be redirected to the basket containing the summary of the selected Products, the price and the delivery costs. The Customer will have the option of modifying the quantities of Products or deleting a Product from the basket, choosing the delivery method and entering a promo code. He can finalize his order by clicking on "Validate the order".
Unless he is already logged in, the Customer must create an account or log in if he already has one. The Customer must provide his address (delivery and billing address if different), may apply a promo code, choose his delivery method from those offered and then proceed to payment by clicking on “Payment with Mercanet”.
The Customer will receive a confirmation e-mail containing the details of his order.
The order will become firm and final only after payment of the price.
MEDISUR reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Product Availability : MEDISUR undertakes to honor orders received only within the limits of available stocks.
The Products will only be dispatched after receipt of payment by MEDISUR.
In the event of a lack of availability, in particular if the Product has become unavailable between the order and the collection of the price, MEDISUR will inform the Customer as soon as possible, indicating the supply time. If the order includes several Products, it may then be delivered in several installments without this generating additional costs for the Customer. At the customer's request, the order may be canceled up to the missing Products with a refund.
PRICE AND PAYMENT OF PRICE
Price : The price of the Products displayed on the Website is the price in force and is understood to be in euros and includes all taxes. To the price of the Products are added for each order the delivery costs, the amount of which is indicated in the basket and the summary of the order.
The selling prices of the Products are freely determined by MEDISUR and may be modified by at any time. The applicable price will be that of the day of the order.
In the event of a change in the VAT rate, MEDISUR will automatically apply the new rate to the order. The prices of the Products do not include shipping costs, but they will be displayed in the basket at the time of the final validation of the order.
payment : the payment methods are indicated on the payment page of the Website and when placing the order. The price is payable in cash when ordering, by credit card, via the secure area of the establishment in charge of collecting the price on the page provided for this purpose.
The Customer guarantees that he is fully authorized to use the means of payment he uses and that he has sufficient funds to cover the costs of the order. Any bank charges related to payments by credit card will remain the responsibility of the Customer. Under no circumstances can MEDISUR be held responsible for the fraudulent use of the customer's bank card or bank account, except at fault on its part.
Delivery : The Products are marketed only for Customers whose delivery address is located in Metropolitan France (excluding Corsica, unless otherwise agreed in writing with MEDISUR).
Delivery takes place within the period indicated when ordering, on average 48 hours, and in any event within a maximum period of 30 days.
Any delay in delivery beyond the delivery deadline and not due to a case of force majeure, may lead to the resolution of the sale at the initiative of the Customer by sending by the latter a registered letter with request for Notice of receipt. In accordance with article L216-6 of the Consumer Code, the sale will be considered canceled upon receipt by MEDISUR of the Customer's letter informing it of its decision to cancel the sale, if delivery has not taken place between time. In the event of cancellation, MEDISUR will reimburse the Customer for the sums it has paid as soon as possible and, at the latest, within 14 (fourteen) days from receipt of the registered letter with acknowledgment of receipt.
In the event of return of the parcel due to the Customer (for example, wrong address, forgetting to claim the parcel with the post office), the Customer must pay the associated costs (custody and/or reshipping costs).
Reception : If the package delivered by the carrier is in poor condition and if the Products are missing, it is recommended that the Customer refuse the package and make express reservations on the delivery note so that the guarantee offered by the carrier can be invoked. . The Customer must inform MEDISUR as soon as possible in writing so that MEDISUR can carry out an investigation with the carrier. The Customer's attention is drawn to the fact that receipt of the package without reservations is likely to extinguish the actions of MEDISUR against the carrier.
In accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has a period of 14 (fourteen) days to exercise his right of withdrawal and return, at his expense, the Products he has ordered. for whatever reason. This period runs from the day of receipt of the Products by the Customer, the dated delivery note being taken as proof. The withdrawal may be made by a request addressed to MEDISUR on plain paper or through the standard withdrawal form appearing in the appendix to these GCUS.
However, the Customer's attention is drawn to the fact that in accordance with Article L221-28 of the Consumer Code, he cannot exercise his right of withdrawal if the Products have been unsealed after delivery and cannot be returned. for reasons of hygiene and health protection.
If the right of withdrawal is applicable, ie when the Products have not been unsealed, the Customer is asked to return the Products in their original packaging and packaging, if possible accompanied by the order. and/or the delivery note certifying that it is indeed Products purchased via the Website and ideally a letter explaining the reason for the refusal (optional, only for a question of traceability).
The return of the Product(s) will be made to MEDISUR at the following address: Pôle Yvon Morandat, 1480 Av. of Armenia, 13120 Gardanne, within fourteen (14) days following the date on which the Customer's right of withdrawal was exercised. The costs and risks associated with the return of the Products are the responsibility of the Customer.
After receipt and verification of the Products, MEDISUR will reimburse the Customer for the amount of the returned Products within a maximum period of 14 (fourteen) days from receipt of the Products (or proof of shipment of the Products by the Customer), by the same means of payment as that used by the Customer for the purchase of the Products, unless otherwise agreed in writing by the Customer and MEDISUR.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature and characteristics of the Products, MEDISUR may ask the Customer to pay compensation corresponding to this depreciation.
The Products offered comply with the legislation in force and the standards applicable in the countries of delivery of the Products.
MEDISUR is liable for lack of conformity of the Products under the conditions of articles L217-4 and following of the Consumer Code and for hidden defects of the Products under the conditions provided for in articles 1641 and following of the Civil Code.
Under the Product conformity guarantee, the Customer has a period of 2 years from receipt of the Product to request its repair or replacement subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code. Given the nature of the Products, MEDISUR may not be able to repair the Products, but only replace them. If the repair and the replacement of the Product are both impossible, the Customer may return the Product non-compliant and be reimbursed the price, or keep the Product and be reimbursed part of the price.
The Customer is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the Product.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
Given the nature of the Products, the warranty may be excluded in the event of a lack of conformity or hidden defect arising from abnormal use, improper storage or modification of the Products.
In the event of a Product defect, the Customer undertakes to return the Product in its original packaging, with any notices, documentation or accessories, to the following address: MEDISUR – Pôle Yvon Morandat, 1480 Av. of Armenia, 13120 Gardanne. If the defect of the Product is confirmed, the shipping costs will be reimbursed to the Customer according to the rates applied by the Post Office. A copy of the proof of dispatch with price and tracking number will be requested from the Customer. Failing this, the costs of shipping and any reshipping will remain the responsibility of the Customer.
In addition, the Customer undertakes to return from the receipt of an email alert, at MEDISUR's expense, all the Products that MEDISUR may ask the Customer to return (in particular in the event of withdrawal of the Product by the manufacturer, health authorities , etc.). The Product will then be exchanged for another or equivalent or refunded to the Customer at the Customer's choice.
Responsibilities of MEDISUR: The Customer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole.
MEDISUR has taken all necessary precautions to ensure that all Products have been described correctly. Nevertheless, although MEDISUR tries to present on the Website exact photographs of the Products, the colors that the Customer sees will depend on the computer screen used and the display configurations and MEDISUR cannot therefore guarantee that the photographs correspond exactly to the Products (details, colors ). Consequently, the photographs, information and visuals of the Products presented on the Website are given for information only and MEDISUR cannot be held liable if the characteristics, performance or other of the Products differ in a non-substantial way from the visuals present on the Website .
MEDISUR cannot be held liable in the event of a breach of its obligations due to a case of force majeure, the unforeseeable or insurmountable event of a third party to the contract or attributable to the Customer. MEDISUR can only be held liable for direct damages.
Hypertext links present on the Website may refer to other websites whose consultation and/or use of these sites and external sources are governed by their own conditions of use and carried out under the respective responsibilities of the Customer and the publisher of said website.
Customer Responsibilities : the IT (hardware, software) and communication resources allowing access and use of the Website are the responsibility of the Customer.
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Website and all elements, brands, designs, models, logos, graphics, photographs, texts, etc. found on it as well as their compilation are the exclusive property of MEDISUR or the holder of the intellectual property rights concerned, the latter granting no license or any right other than that of consulting the site.The reproduction or use of all or part of these elements is only authorized for the exclusive 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 counterfeiting and is sanctioned under intellectual property, except with the prior written authorization of MEDISUR.
Furthermore, MEDISUR reminds that any creation of a hypertext link to the home page or any other page of the Website is subject to its express, prior and written agreement.
The Client undertakes not to directly or indirectly infringe MEDISUR, the Website or the rights of MEDISUR.
APPLICABLE LAW AND DISPUTES
The sales contract between MEDISUR and the Customer is concluded in French and these CGUV are subject to French law.
In the event of a dispute between MEDISUR and the Client concerning the validity, execution, non-execution or interpretation of these GTCUS or, more generally, the relationship between MEDISUR and the Client, they will endeavor to find a solution. friendly.
The Customer may:
- Address your complaint to MEDISUR who will respond in writing as soon as possible
- In the absence of an amicable agreement, the Customer has the possibility of resorting to a mediation procedure or any other alternative method of dispute resolution:
- To this end, the Customer may contact the consumer mediator responsible for MEDISUR, namely AME CONSO, free of charge, within one year of the written complaint sent to MEDISUR:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
- The consumer can also use the Online Dispute Resolution platform accessible at the following address:
- Or sixteen one of the competent jurisdictions. In particular, the consumer can sixteen, either one of the jurisdictions territorially competent by virtue of the code of civil procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action.
If any of the non-essential clauses of these GCUS prove to be null or inapplicable under a law or regulation or following an enforceable decision of a competent court or authority, the parties expressly agree that this contract shall not be affected by the nullity of the aforesaid clause.
The fact for one of the parties not to require at any time the strict execution by the other party of any provision or condition of these GCUS will not be deemed to constitute a definitive waiver of this provision or condition.
Appendix: MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of MEDISUR – Pôle Yvon Morandat, 1480 Av. of Armenia, 13120 Gardanne Gold (add e-mail address) :
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
(*) Strike out the useless mention.