General Condition Of Sale
GENERAL CONDITIONS OF SALE (FOR THE ATTENTION OF CONSUMERS)
Applicable from August 6, 2020
References: PARNASIA LTD
Definitions:
“Order” : refers to the order placed by the CLIENT via the Site.
“Account” : refers to the account created by the CLIENT on the Site.
“Contract” : designates the contractual whole formed by these T&Cs, the Basket and the T&Cs.
“Data” : refers to the personal data, as defined by law, of the CUSTOMER and transmitted by the latter to PARNASIA LTD.
“Basket” : refers to the summary provided by PARNASIA LTD to the CUSTOMER via the Site and summarizing all the Products ordered and their cost.
“Products” : refers to the items sold by PARNASIA LTD and appearing on the Site. The Products are described and presented by PARNASIA LTD with the greatest possible accuracy, it being specified that in the event of a contradiction between the presentation of the Products and their production, PARNASIA LTD cannot be held liable.
“Site” : refers to the website accessible at the following address https://www.meditopmask.com/
General provisions and acceptance of the general conditions of service:
The purpose of these general conditions of sale (hereinafter "GTC") is to define the terms and conditions under which PARNASIA LTD, a limited liability company, registered in Hong Kong under number 64461224-000-03-15 -0 whose registered office is Suite D, 6/F HO Lee commercial Building 38-44 d'Aguilar Street – Central Hong Kong, (hereinafter "PARNASIA LTD"), sells the Products, as defined in these GCS , to its customers who are consumers or non-professionals in accordance with the provisions of the Consumer Code, domiciled in France or abroad (hereinafter "the CUSTOMER").
PARNASIA LTD and the CLIENT are individually referred to as “a Party” and jointly as “the Parties”.
In the event that any of the provisions of the GCS would be declared null or without effect, in any way and for any reason whatsoever, it would be deemed unwritten, without this affecting the validity of the other stipulations or leads to the nullity of the other provisions. The Parties then agree to replace the clause declared null and invalid by a clause which will relate the most in terms of its content to the clause initially adopted and given the initial intention of the Parties, in such a way as to maintain the initial balance of their relationships. The same principles will apply in the event of incomplete stipulations.
No tolerance, inaction or inertia of PARNASIA LTD may be interpreted as a waiver of its rights under the terms of the GTC
Any Order placed with PARNASIA LTD by the CUSTOMER implies full and unreserved acceptance of the GTCS in force on the date the Order is placed, regardless of any provisions to the contrary that may appear on any document issued by the CUSTOMER. They cancel and replace all previous conditions.
PARNASIA LTD reserves the right to modify or adapt the GCS at any time. The applicable T&Cs will be those in effect on the date the CLIENT places the Order.
The CUSTOMER acknowledges having read the T&Cs before placing an Order, having accepted them and having the capacity to contract.
Article 1: Object – Contractual documents
1.1 These T&Cs are intended to determine the terms and conditions under which PARNASIA LTD sells and delivers the Products ordered by the CLIENT.
1.2 The Contract is formed by the following contractual documents:
these T&Cs;
Cart ;
the General Conditions of Use (CGU);
the privacy policy of PARNASIA LTD.
Article 2: Order procedure – Basket
2.1 To order the Products, the CUSTOMER must first go to the Site, or the Online Sales Platforms, using any device allowing an internet connection, in order to inform the Products he wishes to order, and thus create your Basket.
No order sent by mail can be taken into account.
2.2 When placing his order, the CUSTOMER must confirm it by the so-called “double-click” technique: after having selected the Products added to his Basket, the CUSTOMER must check and possibly correct the contents of his Basket ( namely, in particular: identification and quantity of Products selected, corresponding prices, terms and delivery costs), before validating it, accepting these GCS, and its obligation to pay for the Order, and thus confirming acceptance of his order.
2.3 Following the placing of the Order by the CLIENT, PARNASIA LTD will acknowledge receipt by sending the CLIENT an Order confirmation email including the summary of his Order and his number.
2.4 PARNASIA LTD reserves the right not to validate the CLIENT's Order for any legitimate reason, in particular in the event that:
it would not comply with these T&Cs;
The payment is denied ;
one of the CLIENT's previous orders has not been paid in full when due;
a dispute relating to the payment of one of the previous orders is being processed;
several serious and concordant elements would raise a suspicion of fraud on the Order.
2.5 Emails are sent to the email address provided by the CLIENT.
Article 3: Products - Availability
3.1 The Products sold by PARNASIA LTD are those displayed on the Site. In the event of a specific order, it is up to the CLIENT to send an email to the following email address: info@parnasia.com
3.2 The products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of PARNASIA LTD. As such, PARNASIA LTD cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks or the failure of one of its suppliers.
3.3 In the event that, after the Order, the Product ordered becomes totally or partially unavailable, PARNASIA LTD will inform the CUSTOMER by mail of this unavailability and will give the CUSTOMER the possibility, at its discretion:
either to be delivered a Product of a quality and price equivalent to that initially ordered;
or to be reimbursed for the price of the Product ordered.
3.4 PARNASIA LTD takes the greatest care in the presentation and description of these Products to best satisfy the CLIENT's information. However, it is possible that errors beyond the control of PARNASIA LTD may appear on the Site, which the CLIENT acknowledges and accepts.
3.5 It is specified that PARNASIA LTD only accepts the return of intact and unused Products, these two conditions being checked before the returned Products are returned to stock.
Article 4: Shipping and Delivery
4.1 PARNASIA LTD offers different delivery methods, the delivery conditions, and in particular the costs and deadlines, being different depending on the delivery method chosen by the CLIENT.
The different delivery methods are specified in the “DELIVERIES AND RETURNS” section on the Site.
4.2 The delivery conditions, and in particular the costs and deadlines, applicable to the Order are those mentioned on the Site at the time of the Order. The delivery of certain Products, in certain geographical areas, may give rise to additional invoicing. In such a case, this information is clearly communicated to the CLIENT.
The total amount of the delivery costs of the Order is clearly indicated to the CUSTOMER when placing the Order, and before any validation thereof.
4.3 The delivery date of the Products is indicated when the CUSTOMER chooses the delivery method.
If the Order contains several Products with different delivery times, the delivery time of the Order will be the longest delivery time.
The CUSTOMER is informed that:
for Products in stock at the time of the Order: PARNASIA LTD reserves a preparation period of 96 hours before shipment (working days);
for Products out of stock at the time of the Order (pre-orders): the Order will be shipped after receipt of the Products sent by the supplier of PARNASIA LTD, which cannot be responsible for the delivery times of its suppliers. Thus, the delivery time announced on the day of the Order is announced for information only, according to the information brought to the attention of PARNASIA LTD on the day of the Order.
4.4 When PARNASIA LTD takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the CUSTOMER at the time of receipt of the Product by the CUSTOMER.
As an exception, the risk is transferred to the CLIENT when the Product is handed over to the carrier when the latter is responsible for transport by the CLIENT and not by PARNASIA LTD.
4.5 In the event of impossibility of carrying out the Delivery, due to an erroneous delivery address or the absence of collection by the CLIENT of his Order from the selected collection point or the carrier, PARNASIA LTD will not proceed to any refund of the command. It will be up to the CUSTOMER to indicate a new valid delivery address, the reshipping costs may be charged to the CUSTOMER.
4.6 In the event of a delay in the delivery of the products ordered, PARNASIA LTD will attempt to inform the CLIENT. The CUSTOMER can also report the delay in delivery himself:
through his account
at the following email address: info@parnasia.com
PARNASIA LTD undertakes to take the necessary steps to determine the cause of the delay and find an adequate solution with a view to the effective delivery of the Products ordered as soon as possible.
It is specified here that PARNASIA LTD cannot be responsible for delays in delivery due to external causes.
Also, if in the event of a delay in delivery due to a cause unrelated to PARNASIA LTD (for example: manufacturing delay on the part of the manufacturer), the CUSTOMER will not be able to cancel his Order.
In any case, in the event that, after the Order, a Product becomes totally or partially unavailable, PARNASIA LTD will inform the CLIENT by email of this unavailability and give him the possibility:
either to be delivered a Product of a quality and price equivalent to that ordered;
or to be reimbursed for the price of the Product ordered no later than 30 days from payment of the Order.
Article 5: Receipt of the Products by the CLIENT – Storage of the Products
If upon receipt of the Products the CUSTOMER finds that certain Products are missing or damaged, he will contact PARNASIA LTD as soon as possible so that PARNASIA LTD can send him the said missing Products or can replace the damaged Products, as soon as possible. .
It is up to the CUSTOMER to provide proof of the deterioration of a Product delivered and that this deterioration is not attributable to him.
Article 6: Right of withdrawal
6.1 In accordance with the provisions of articles L. 221-18 and following of the Consumer Code, the CUSTOMER has a period of fourteen working days from the day after receipt of the last Product of his order to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs which remain the responsibility of the CUSTOMER.
The transport of the Products thus returned is the responsibility of the CLIENT; any damage suffered by the Products on this occasion being of such a nature, as recalled below, to defeat the exercise of the CUSTOMER's right of withdrawal.
6.2 To exercise his right of withdrawal, the CUSTOMER must notify PARNASIA LTD of his decision to withdraw the Order by means of a written statement without any ambiguity, before the expiry of the 14-day withdrawal period mentioned in Article
The CUSTOMER can also exercise his right of withdrawal via his Account, by writing to the following email address: info@parnasia.com or by writing to the postal address of the registered office of PARNASIA LTD .
6.3 PARNASIA LTD will acknowledge receipt by email of the CUSTOMER's withdrawal decision. PARNASIA LTD will then reimburse the sums paid by the CLIENT without undue delay and in any event, at the discretion of PARNASIA LTD:
no later than 14 days from the day on which PARNASIA LTD became aware of the CUSTOMER's decision to withdraw,
or on the day of recovery of the Products,
The reimbursement of the sums paid by the CLIENT will be made using the same means of payment as that used by the CLIENT, unless otherwise agreed by the Parties. This reimbursement will be made at no cost to the CUSTOMER.
6.4 Only Products returned in a condition allowing them to be put back on sale by PARNASIA LTD (this assuming that they are returned in their original packaging, given the nature of the Products) will be accepted. Consequently, Products returned incomplete, damaged, damaged or used will not be taken back.
By express agreement between the Parties, taking into account the nature of the Products and the importance of the original packaging for the value of the Products, it is decided that the Products unsealed by the CUSTOMER are considered as products used within the meaning of the clause above, and that consequently the CUSTOMER cannot implement his right of withdrawal for unsealed Products.
6.5 The CUSTOMER must return the Products to PARNASIA LTD at the latest within 14 days of sending his request for withdrawal.
6.6 In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
“1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Accommodation services, other than residential accommodation, services provided on a specific date or period;
13° Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal. »
Also, taking into account these elements and point 5° of article L.221-28 of the aforementioned Consumer Code, the CUSTOMER is informed that he does not benefit from any right of withdrawal when the Products have been unpacked. and/or used by the CLIENT within 14 days.
6.2 All of the legal provisions applicable to the right of withdrawal are reproduced in Appendix 1.
Article 7: Information on prices
7.1 Product offers are valid as long as they are legible on the Site. The prices of the Products are indicated on the Site according to the user's currency, including VAT, but excluding customs fees and other taxes.
All prices displayed are calculated value added tax (VAT), which may be different depending on the country of invoicing.
7.2 The prices of the Products indicated on the Product sheets on the Site are exclusive of delivery costs, any customs fees and other taxes, and any other special additional services to which the CUSTOMER may have subscribed.
7.3 The amount of delivery charges applicable for the Products ordered are available on the Site.
Article 8: Methods of payment
8.1 Payments of the price of the Basket are made:
by credit card;
PayPal
Any other means of payment detailed on the Site.
The CUSTOMER expressly acknowledges that the communication of his credit card number to PARNASIA LTD constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of cancellation of Order for non-payment is sent to the CUSTOMER by PARNASIA LTD on the email address communicated by the CUSTOMER when registering on the Site.
The data recorded and kept by PARNASIA LTD constitutes proof of the Order and of all past sales.
8.2 PARNASIA LTD reserves the right not to offer one or more payment methods for any legitimate reason, in particular in the event that:
the payment partner no longer offers the service in question,
one of the CLIENT's previous orders has not been paid in full when due,
a dispute relating to the payment of one of the CLIENT's previous orders is being processed,
several serious and concordant elements would raise a suspicion of fraud on the Order.
8.3 RETENTION OF OWNERSHIP: the transfer of ownership of the Products from PARNASIA LTD, for the benefit of the CUSTOMER, will only be made after full payment of the price by the CUSTOMER, regardless of the date of delivery of said Products. In the event that payment does not occur within the time limits provided by the Parties, PARNASIA LTD reserves the right to take back the Products delivered.
Article 9: Securing payments and combating fraud
Online payments on the Site or by telephone with PARNASIA LTD are made via a secure payment platform, supplemented by control measures, specific to each means of payment, in order to guarantee the security of purchases made on the Site and to fight against fraud.
The details of the payment card communicated by the CUSTOMER when ordering are never transmitted unencrypted on the network.
Article 10: Warranties
10.1 For products purchased from PARNASIA LTD, PARNASIA LTD is liable for defects in the conformity of the Product with the contract under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold in the conditions provided for in articles 1641 and following of the civil code.
With regard to the guarantee against hidden defects, the CUSTOMER may decide to implement this guarantee within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction in the price. of sale in accordance with article 1644 of the Civil Code.
10.2 It is recalled that the consumer within the framework of the legal guarantee of conformity:
has a period of one year from the delivery of the property to act;
can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your property, when there is one.
10.3 It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
10.4 To benefit from the legal guarantee of conformity or the guarantee of hidden defects for a product purchased from PARNASIA LTD, the CUSTOMER must contact PARNASIA LTD by the following means:
by email, at the following address: info@parnasia.com
through his Account
by mail to the registered office of PARNASIA LTD.
Article 11: Force majeure
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, PARNASIA LTD shall inform the CLIENT within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt.
Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the courts and tribunals of the CLIENT's place of residence, total or partial strikes, lockouts, riots, boycotts or other actions industrial or commercial disputes, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship .
All of the obligations of the Parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of PARNASIA LTD or the CLIENT without compensation on either side.
Article 12: Information Technology and Freedoms – Protection of Personal Data
The personal data protection policy is specified in the Privacy Policy document available at this address: link
Article 15: Intellectual property
PARNASIA LTD remains the owner of all intellectual property rights on the studies, drawings, models, prototypes, etc., produced (even at the request of the CLIENT) with a view to supplying the Products to the CLIENT.
The CUSTOMER therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, Products, etc., without the express, written and prior authorization of PARNASIA LTD, which may condition it on financial compensation.
Article 16: Applicable law
These T&Cs and the resulting operations are governed by and subject to the law in force in the CUSTOMER's country of residence.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 17: Disputes
17.1 ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE
CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UPS AND WHICH COULDN'T HAVE BEEN RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
17.2 The CUSTOMER is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with sectoral mediation bodies. existing, and whose references appear on the Site or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 18: Pre-contractual information – Client acceptance
The CUSTOMER acknowledges having had communication, prior to placing his order and concluding the Contract, in a readable and understandable manner, of these GCS and of all the information listed in article L.221-5 of the Consumer Code , and in particular the following information:
the essential characteristics of the Products, taking into account the communication medium used and the Products concerned;
the price of the Order and related costs (delivery, for example);
in the absence of immediate execution of the contract, the date or the deadline by which PARNASIA LTD undertakes to supply the Order ordered;
information relating to the identity of PARNASIA LTD, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,
information relating to legal and contractual guarantees and their implementation methods;
the functionalities of the digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form available in the Account), termination methods and other important contractual conditions;
the means of payment accepted.
The fact for a natural (or legal) person to order on the Site entails full and complete acceptance and acceptance of these GCS and obligation to pay for the Order, which is expressly recognized by the CUSTOMER, who waives, in particular, to prevail over any contradictory document, which would be unenforceable against PARNASIA LTD.
Article 19: Contact details of PARNASIA LTD
Company name: PARNASIA LTD
Email address: info@parnasia.com