GENERAL CONDITIONS OF ONLINE SALES

 

Article 1. – Completeness

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to online sales and in-store sales. They are accessible on the website www.thenippleslab.com and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are valid until 12/31/2024.

Article 2. – Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.thenippleslab.com 

Article 3. - Pre-contractual information

3.1. The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 111- 1 of the Consumer Code.

3.2. The following information is transmitted to the buyer in a clear and understandable manner:

• the essential characteristics of the property;
• the price of the good;
• in the absence of immediate execution of the contract, the date or deadline by which the supplier undertakes to deliver the good, whatever its price;
• information relating to the identity of the supplier, its postal, telephone and electronic contact details, and its activities, that relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

3.3. The seller communicates to the buyer the following information:

• its name or company name, the geographical address of its establishment and, if different, that of the head office, its telephone number and its email address;
• the terms of payment, delivery and execution of the contract, as well as the terms provided by the professional for the processing of complaints;
• the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code .

3.4. The seller indicates, with regard to the digital content: any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.

Article 4. - The order

The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks. If an ordered product is unavailable, the buyer will be informed by email.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

• after sending the buyer confirmation of acceptance of the order by the seller by email;
• and after receipt by the seller of the entire price;

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.

For any questions relating to the tracking of an order, the buyer can contact us at this address: contact@thenippleslab.com

Article 5. - Electronic signature

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:

— due date of sums due under the purchase order,

— signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact us at: contact@thenippleslab.com

Article 6. - Proof of the transaction

Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 7. - Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy, likewise, the photographs of the products are as faithful as possible but cannot ensure perfect similarity with the good offered, particularly with regard to the colors. 

Article 8. – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Orders to countries outside the European Union are shipped exempt from VAT, the buyer must pay their country's VAT upon delivery.

Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.

Article 9. - Method of payment

This is an order with obligation to pay, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has put in place an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge.

As part of this verification, the buyer may be asked to send the seller by email a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the seller of the parts sent.

Payment of the price is made in cash when ordering, according to the following methods: Credit Card or Transfer. Payments made by the buyer will only be considered final after actual collection of the sums due by the seller.

Article 10. - Availability of products – Reimbursement – ​​Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France, the deadline is 5 to 7 working days for the Ready-to-wear Collection as well as for the Osée Collection from the day following that on which the buyer placed their order.

For the Custom Collection the delivery time is 10 to 15 working days.

For deliveries within the territory of the European Union as well as to third countries, delivery costs and times depend on the country where the package is delivered, they are estimated according to the delivery address provided.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before resolving the contract, instruct the seller to perform it within a reasonable additional period. In the absence of execution at the expiration of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, or an exchange of the product.

Article 11. - Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller's banking organization. The products ordered are delivered according to the following methods: Collissimo Suivi for orders to mainland France, Collissimo International for other destinations.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected from the location and during the time indicated. If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

It is recommended that the buyer indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, damaged products, etc.). 

Article 12. - Transfer of risks

The transfer of ownership will only be carried out after full payment of the price by the buyer, regardless of the delivery date. 

Delivery is deemed to have been made upon delivery of the products ordered by the seller to the buyer or to a third party designated by the latter. 

Article 13. - Legal guarantee of conformity and legal guarantee of hidden defects

La Clinique du Pigment – ​​75 rue Sainte Rose – 73000 Chambéry - France guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14 of the Consumer Code or the guarantee of defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

— the buyer has a period of 1 year from delivery of the goods to act;

— the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

— the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 12 months following delivery of the goods;

— the buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

Article 14. - Right of withdrawal 

In accordance with the provisions of the Consumer Code, the buyer has a period of 15 working days from the date of delivery of their order, to return any item that does not suit them and request reimbursement without penalty, at the except for return costs which remain the responsibility of the buyer.

The products must, however, be returned in their original packaging and in perfect condition within 30 days following notification to the seller of the buyer's decision to withdraw.
Article L. 121-20-2 of the Consumer Code limits the scope of this discretionary right to "...clearly personalized items..." This is why for the CUSTOM MADE Collection, as well as for prosthetics from the Ready-to-wear Collection option (print bank) the refund will be made up to 50% of the amount paidbut we suggest you to reproduce your prosthesis if its the color who bother you.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice to the following address: La Clinique du Pigment – Returns - 75 rue Sainte Rose - 73000 CHAMBERY – France. 

Damaged, soiled or incomplete products will not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on the website www.thenippleslab.com 
In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased except the delivery costs will be refunded. Return costs are the responsibility of the buyer.

In the event of withdrawal, reimbursement will take place at the latest within 30 days from the date on which the seller is informed of the buyer's decision to withdraw but in this case, the seller may also choose to defer this reimbursement until recovery of the product(s).

Article 15. - Force majeure

Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

Article 16. - Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 17. - Information Technology and Freedoms

The personal data provided by the buyer are necessary to process their order and prepare invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The information collected may be used to send the buyer information concerning promotional or advertising operations of thenippleslab.com. When providing their contact details, the buyer can choose not to subscribe to the newsletter by not checking the relevant box. The buyer can also unsubscribe at any time by clicking on the link in the emails or by contacting thenippleslab.com

All information relating to compliance with the General Data Protection Regulation (EU Regulation 2016/679) by thenippleslab.com is available on the website on the “Personal data and privacy policy” page.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined in the “Personal data and confidentiality policy” section.

Article 18. - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

Article 19. - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 20. – Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 21. - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Article 22. - Applicable law

These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution. The French courts will have sole jurisdiction.

 

ANNEX 1 - Provisions relating to legal guarantees

Reproduction of articles L. 217-4, L. 217-5, L. 217-12 of the Consumer Code and reproduction of articles 1641 and 1648 of the Civil Code.

 

ANNEX 2 – Withdrawal form 

 

ANNEX 1

 

FRENCH CONSUMER CODE

 

Article L217-4

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L217-5

To comply with the contract, the property must:

1° Be suitable for the use usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

 

FRENCH CIVIL CODE

Section 1641

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

Section 1648

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by  article 1642-1 , the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.

 

 

WITHDRAWAL FORM:

You have the right to withdraw from this contract without giving any reason within 14 days.

 

The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods or the last good in the case of goods ordered by means of a single order and delivered separately.

 

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). You can also complete and send the model withdrawal form on our website www.thenippleslab.com If you use this option, we will send you without delay an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email). .

 

For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

 

 

Withdrawal effects

 

In the event of withdrawal by you from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery). delivery other than the less expensive method of standard delivery offered by us), without undue delay and, in any event, no later than 14 days from the day on which we are informed of your decision to withdraw from this contract.

 

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you.

 

You must return or return the goods to La Clinique du Pigment, 77 rue Sainte Rose, 73000 CHAMBERY, without undue delay and, in any event, no later than 14 days after you have communicated to us your decision to withdraw from this CONTRACT. This deadline is deemed to have been met if you return the goods before the expiration of the 14-day period.

 

You will have to cover the direct costs of returning the goods.

 

 

Please complete and return this form by email to  contact@thenippleslab.com

 only if you wish to withdraw from the contract.

 

To the attention of Company X - Address

 

 

I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods below:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

 

Ordered on (*) / received on (*): _____________________________________

 

Name of client(s): ___________________________________________

 

Address of customer(s): _________________________________________

 

________________________________________________________________________________

 

________________________________________________________________________________

 

Date : _____________________

 

Signature of the client(s) (only if this form is notified on paper):

 

 

 

 

(*) Delete what is unnecessary.

 

 ______________________________________________________________________

 

 

 ______________________________________________________________________