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The site of the TOOFRUIT shop is an electronic site accessible by the Internet network at the address www.toofruit.com. It is opened to any user of this network. It is published by the company LABORATOIRE ALLISTERE, marketing the TOOFRUIT mark, SAS with the capital of 157.690 euros, whose registered office is located at 89 Route de la Reine, 92100 Boulogne Billancourt, registered with the Register of the Trade and the Companies of Nanterre under the number 530 592 880 00039. It makes it possible inter alia to the LABORATOIRE ALLISTERE to propose its products with the sale to the Net surfers sailing on the Site.
Prior to placing an order, the Buyer declares that he/she has full legal capacity, allowing him/her to commit to the present general terms of sale.
Any order of a Product offered on the Site implies the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional on a handwritten signature by the User. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, supplemented by Decree n° 2001-272 of 30 March 2001, taken for the application of article 1316-4 of the Civil Code and relating to electronic signatures, it is recalled that the validation of the order form as specified in article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
TOOFRUIT products are cosmetic products, intended for external use. Under no circumstances should the information mentioned on our products, our website or our commercial and advertising documents replace the advice of a health professional.
These general conditions of sale are intended, on the one hand, to inform any potential consumer on the terms and conditions under which the seller proceeds with the sale and delivery of products ordered and, secondly, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply, without restriction nor reserves, with the whole of the sales of the products proposed on Internet site of the TOOFRUIT shop.
LABORATOIRE ALLISTERE reserves the right to modify constantly the present general conditions of sale. In this case, the applicable conditions will be those in force at the date of the order by the purchaser.
2. Products and prices
In accordance with article L. 111-1 of the code of consumption, the User can, before his order, take note, on the Site of the TOOFRUIT shop, of the essential characteristics of the products which it wishes to order.
The Purchaser selects one or more products from the various categories offered on the website of the shop TOOFRUIT.
The offers presented by ALLISTERE are valid within the limit of stocks available. The ALLISTERE LABORATORY reserves the right to modify the assortment of products according to the constraints of production.
In the event of modification of a product, the graphic representation of this one could not engage the responsibility for the salesman nor even affect the validity of the sale.
The sale prices of products online on the website of the shop TOOFRUIT, indicated in euros, are those in force at the time of registration of the order form by the Purchaser.
They do not include shipping costs, charged in addition to the price of products purchased according to the amount of the order. The shipping costs are indicated before the order is registered by the Buyer.
The prices include the tax on the added value (VAT) applicable to the day of the order. Any change of the applicable rate is automatically reflected on the price of the products sold by the ALLISTERE LABORATORY on its Site.
The selling prices of the products can be modified by The ALLISTERE LABORATORY at any time. This modification is announced to the Purchaser before any order.
3. Registration and validation of the order
3.1 Navigation within the Site
The User can take note of the various Products offered with the sale by the LABORATOIRE ALLISTERE on its Site. He can navigate freely on the various pages of the Site, without being committed under an order. The User retains with his load the expenses of telecommunication at the time of the access to Internet and the use of the site.
Any order implies unreserved acceptance of these general terms and conditions of sale. If the User wishes to place an order, he/she shall select the various Products in which he/she is interested, and shall express said interest by clicking on the “Add to cart” button. Once the Buyer has registered his/her order by clicking on the link “Validate order” or “Validation of order”, he/she is considered to have knowingly and unreservedly accepted these general terms and conditions of sale, the prices, volumes and quantities of the products ordered.
At any time, the Buyer may :
- obtain a summary of the Products they have selected, or modify their order, by clicking on “My Basket” accessible on each page,
- continue the selection of Products,
- complete the selection of Products and order them by clicking on “Validate order” or “Validation of order”.
To order the Products he/she has chosen, the Buyer shall click on “Confirm order” or “Order validation”. The Buyer must then identify himself, either by entering his e-mail address and password, if he is already registered as a Member, or by filling in the form provided, on which he shall include the information necessary for his identification, such as his surname, first name, postal address, etc.
The Buyer is informed and accepts that entering any identifier is proof of his/her identity and manifests his/her consent. Once identified, an order form will appear on the screen, summarising the details of the order: the nature, quantity and price of the Products selected by the Buyer, as well as the total amount of the order, the Buyer’s contact details and the delivery address of the Products.
3.3. Final validation of the order
After having read the status of the order, and once all the information requested has been completed by the Buyer, the latter will click on the “Make payment” box to pay for the order. The Buyer will choose the means of payment that he/she wishes to use to pay for his/her order, it being understood that the Buyer must have the means of payment as defined in article 4 below. He will click on the button corresponding to the means of payment he has chosen.
The sale will be regarded as final only after the sending to the Purchaser of the confirmation of the order by the ALLISTERE LABORATORY and cashing by this one of the integrality of the price.
The ALLISTERE LABORATORY recommends to the Purchaser to preserve this information on a paper or data-processing document.
Any fraudulent order or presumed as such, will be regarded by the ALLISTERE LABORATORY as null and void.
Payment must be made at the time of ordering by the Buyer. At no time may the sums paid be considered as a deposit or advance payment.
All orders are payable in Euros.
The ALLISTERE LABORATORY reserves the right to suspend or cancel any order and/or delivery, whatever its nature and its level of execution, in the event of non-payment of any sum which would be due by the Purchaser, in the event of incident of payment or in the event of litigation existing with the Purchaser.
Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable upon notification of the rejection of bank payment. The delivery of any new order could be suspended in the event of delay of payment of a preceding order and this, notwithstanding the provisions of present.
For any payment, the ALLISTERE LABORATORY reserves the right to ask for a photocopy of the identity card of the Purchaser and, if necessary, that of the holder of the means of payment used by the Purchaser. For the amounts higher than 400 euros including all taxes, the ALLISTERE LABORATORY reserves the right to ask for a certified photocopy of an identity paper.
As part of the fight against Internet fraud, information relating to any order may be transmitted to any third party for verification.
To pay for his order, the Buyer has the option of paying by credit card (Carte Bleue, Visa, or Master Card). Payments will be made through the secure Stripe system. It uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the network.
In case of payment by credit card, the buyer’s account will be debited on the day of the order.
5. Choice of products
The Purchaser having taken knowledge of the products marketed by the ALLISTERE LABORATORY and their characteristics, has under its only responsibility, and according to its needs such as it determined them before any order, carried its choice on the products being the subject of its order. Furthermore, the Buyer, who alone knows the products that he/she owns and uses, is the sole judge of the compatibility of the products ordered with those used by him/her.
It is the sole responsibility of the Buyer, if he/she does not consider himself/herself sufficiently competent, to seek the assistance of a consultant.
6. Delivery and reception
6.1. General rules
The products will be delivered to the address indicated by the Buyer on the order form, a destination which must be consistent with the previously agreed geographical area.
By default, invoices are sent to the e-mail address indicated by the Customer at the time of registration.
If the procedures set out below are not respected, no claim from the Buyer will be accepted.
Delivery times, following validation of your order, are 3 to 7 working days.
Any order confirmed before 12pm, from Monday to Friday (excluding public holidays), is generally processed the same day within the limits of available stocks. And any order confirmed between Friday noon and Sunday evening is generally processed the following Monday (except on public holidays). These times are given as an indication.
In any event, and in accordance with the provisions of Articles L. 138-1 and L. 138-2 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following the day on which the Buyer registered his order, subject to full payment of the price.
If the goods are not delivered by the end of this period, the Buyer may cancel the order. The sums paid by the Buyer will then be refunded in full, at the latest within fourteen days of the date on which the contract was cancelled, and in accordance with the terms of Article L. 138-3.
In the event of delay of delivery compared to the initially fixed date, the Purchaser will have to announce it in writing (mail, email) to the ALLISTERE LABORATORY in order to improve the quality of service which could be proposed to him and to make it possible to the ALLISTERE LABORATORY to carry out an investigation near the conveyor. An investigation with the carrier may take up to 21 working days. If during this period, the product is found, it will be immediately redirected to the place of delivery designated in the order form.
On the other hand, if the ordered product is not found at the end of this 21 days deadline of investigation, the ALLISTERE LABORATORY will proceed at its expenses with a new forwarding of the products ordered by the Purchaser.
6.3 Unavailability of Products
The Products are offered within the limits of available stocks. In case of unavailability of one of the Products, the Buyer will be informed as soon as possible. This information may be notified to him/her, as far as possible, in the following manner
when the order is placed directly online ;
following the validation of its order, before the delivery, by way of e-mail.
The ALLISTERE LABORATORY will then make the necessary with Stripe to subtract the price of the unavailable Product(s) from the amount taken from the Purchaser’s bank account.
6.4 Tax and customs duties
Any order placed on the Site and delivered outside mainland France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and these possible taxes related to the delivery of an article are the responsibility of the Purchaser and raise its responsibility. The ALLISTERE LABORATORY cannot be held responsible for the delays and expenses related to the operations of customs clearance of the deliveries, and is released from any legal responsibility if the payment of the taxes were not carried out by the Purchaser.
The ALLISTERE LABORATORY is not obliged to check and inform the Purchaser of the applicable customs duties and taxes. To know them, the ALLISTERE LABORATORY advises the Purchaser to inquire with the competent authorities of the considered country.
7. Right of withdrawal
In accordance with article L. 121-21 of the code of consumption, the Purchaser has a fourteen clear days deadline as from the date of reception, to turn over with its expenses, the ordered products, for refunding.
The products must imperatively be turned over to the ALLISTERE LABORATORY in a perfect state of resale, in their state of origin (packing, accessories, note…), duly sealed. When a buyer returns products, any risk related to the return of the product is the responsibility of the buyer.
The buyer must attach to the returned products the withdrawal form available on the site, or written on any durable medium and containing the following information: Order number and date, date of receipt, name, address and signature of the consumer(s), date.
In accordance with the article L 121-21-4 of the code of consumption, if the above mentioned conditions are filled, LABORATOIRE ALLISTERE will exchange the product or will refund with the Purchaser, within fourteen days, the sums corresponding to the products acquired by him.
8. Return of products by post
The purchaser will send the parcel concerned to the following address: LABORATOIRE ALLISTERE SAS-TOOFRUIT, 89 Route de la Reine, 92100 Boulogne Billancourt.
The expenses of return of the products, in the event of retractation, are the responsibility of the purchaser. The ALLISTERE LABORATORY will not accept the parcels addressed in port due.
9. Reservation of ownership
The ALLISTERE LABORATORY preserves the full and whole property of the sold products until the perfect collection of the price, in principal, expenses and taxes included.
In accordance with the article L 121-19-4 of the code of the trade, the ALLISTERE LABORATORY could not be held for person in charge for the inexecution or the bad execution of the contract if these last ones are ascribable with the fact, unforeseeable and insurmountable, of a third to the contract, or a case of absolute necessity. The ALLISTERE LABORATORY cannot be responsible for any loss of data, files. It is up to the Purchaser to proceed to all the necessary safeguards.
The TOOFRUIT site also contains information coming from third people, and links towards other Internet sites. LABORATOIRE ALLISTERE cannot be held responsible for any damage resulting from the use of, access to, or inability to use this third party information, nor for the content of other Internet sites.
11. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
13. “”Information and Liberties”
13.1. Personal information :
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site has been declared to the National Commission for Data Processing and Freedoms. The User has the right to access, modify, rectify and delete data concerning him/her. To exert this right, the User will have to address a postal mail to the LABORATOIRE ALLISTERE SAS-TOOFRUIT – 89 Route de la Reine, 92100 Boulogne Billancourt.
14. Intellectual property
All the elements of the site TOOFRUIT of the LABORATORY ALLISTERE are the intellectual and exclusive property of the LABORATORY ALLISTERE. Nobody is authorized to reproduce, to exploit, to repeat, or to use with some title that it is, even partially, of the elements of the site which they are software, visual or sound.
15. Information on legal guarantees
In accordance with the order of 18 December 2014
The consumer has a period of two years from the delivery of the goods to act ;
The consumer may choose between repairing or replacing the good, subject to the cost conditions set out in Article L 211-9 of the Consumer Code.
The consumer is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
16. Applicable law and jurisdiction
The sales of products of the company LABORATOIRE ALLISTERE are subjected to the French law. Any litigation relating to the interpretation, the execution or the rupture of the contract concluded between the LABORATOIRE ALLISTERE and a professional Purchaser, even in the event of plurality of defendants, will be, in the absence of amicable agreement, the exclusive competence of the courts of Nanterre.