Preamble
The TOOFRUIT boutique website is an electronic site accessible via the Internet at www.toofruit.com. It is opened with any user of this network. It is published by the company LABORATOIRE ALLISTERE, marketing the TOOFRUIT brand, SAS with a capital of 161.410 euros, whose registered office is located at 89 Route de la Reine, 92100 Boulogne Billancourt, registered with the Registre du Commerce et des Sociétés de Nanterre under the number 530 592 880 00047. Among other things, it allows LABORATOIRE ALLISTERE to offer its products for sale to Internet users browsing the Site.
Prior to placing an order, the Buyer declares that he/she has full legal capacity, enabling him/her to commit to these general terms and conditions of sale.
Any order for a Product offered on the Site implies 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 French Civil Code, supplemented by Decree no. 2001-272 of 30 March 2001, issued for the application of article 1316-4 of the French Civil Code and relating to electronic signatures, it should be noted that validation of the order form, as specified in article 3.3 below, constitutes an electronic signature which, between the Parties, has 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.
1. Purpose
The present general conditions of sale have for object, on the one hand, to inform any possible consumer on the conditions and methods in which the salesman proceeds to the sale and the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the sale of products by the salesman 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 at any time 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
2.1. Products
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 among the various categories proposed on Internet site of the TOOFRUIT shop.
The offers presented by ALLISTERE are valid within the limit of stocks available. LABORATOIRE ALLISTERE reserves the right to modify the assortment of products in particular 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 to affect the validity of the sale.
2.2. Price
The prices of sale of the products on line on Internet site of the TOOFRUIT shop, indicated in euros, are those in force at the time of the recording of the purchase order by the Purchaser.
They do not include shipping costs, charged in addition to the price of products purchased depending on the amount of the order. Shipping costs are indicated before the Buyer registers the order.
Prices include the value added tax (VAT) applicable on the day of the order. Any change of the applicable rate is automatically reflected on the price of the products sold by LABORATOIRE ALLISTERE on its Site.
The sale prices of the products can be modified by ALLISTERE LABORATORY constantly. This modification is announced to the Purchaser before any order.
3. Registration and validation of the order
3.1. Navigation within the website
The User can take note of the various Products offered with the sale by LABORATOIRE ALLISTERE on its Site. The User can navigate freely on the different pages of the Site, without being committed to an order. The User is responsible for any telecommunication costs incurred when accessing the Internet and using the site.
3.2. Orders
Any order implies unreserved acceptance of these General Terms and Conditions of Sale. If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the “Add to basket” button. Once the Buyer has registered his/her order by clicking on the “Confirm Order” or “Order Confirmation” link, he/she is deemed to have accepted, with full knowledge of the facts and without reservation, these general terms and conditions of sale, and 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 with their selection of Products,
- complete their selection of Products and order them by clicking on “Confirm order”.
To order the Products he/she has chosen, the Buyer will click on “Confirm order” or “Validate order”. The Buyer must then identify him/herself, either by entering his/her e-mail address and password, if he/she is already registered as a Member, or by accurately filling in the form made available to him/her, on which he/she will include the information necessary for his/her identification, such as surname, first name, postal address, etc.
The Buyer is informed and accepts that entering any identifier is proof of his/her identity and expresses 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 for the Products.
3.3. Final validation of the order
After checking the status of the order, and once all the information requested has been completed by the Buyer, the latter will click on the “Proceed to payment” box to pay for the order. They will choose the payment method they wish to use to pay for their order, it being understood that the Buyer must have the payment methods defined in article 4 below. They will click on the button corresponding to the payment method they have chosen.
The sale will be regarded as final only after the sending to the Purchaser of the confirmation of the order by LABORATOIRE ALLISTERE 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.
4. Payment
Payment must be made at the time the order is placed by the Buyer. At no time may the sums paid be considered as a deposit or advance.
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 Buyer, in the event of incident of payment or in the event of litigation existing with the Buyer.
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, 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 amounts greater than 400 euros including VAT, ALLISTERE LABORATORY reserves the right to request a certified photocopy of an identity document.
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/her order, the Buyer may use a bank card (Carte Bleue, Visa or Master Card). Payments will be made via the Stripe secure system. It uses the SSL (Secure Socket Layer) protocol so that information transmitted is encrypted by software and no third party can read it while it is being transported over the network.
In the case of payment by bank 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 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 product or the products being the subject of its order. Furthermore, the Buyer alone is familiar with the products he/she owns and uses, and is the sole judge of the compatibility of the products ordered with those he/she uses.
It is the sole responsibility of the Buyer, if he/she does not consider him/herself sufficiently competent, to seek the assistance of an advisor.
6. Delivery and receipt
6.1. General rules
roducts will be delivered to the address indicated by the Customer on the order form, which must be consistent with the previously agreed geographical area.
By default, invoices are sent to the e-mail address indicated by the Customer when registering.
If the procedures set out below are not followed, no claim from the Buyer will be accepted.
6.2 Delivery times
Delivery times, following validation of your order, are 3 to 7 working days.
Orders confirmed before 12 noon, Monday to Friday (excluding public holidays), are generally processed the same day, subject to availability. Orders confirmed between 12 noon on Friday and Sunday evening are generally processed on the following Monday (except public holidays). These lead times are given for information only.
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 that on which the Buyer registered his/her order, subject to full payment of the price.
If the products have not been delivered by the end of this period, the Buyer may cancel the order. The sums paid by the Customer will then be refunded in full, at the latest within fourteen days of the date on which the contract was cancelled, 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 allow the ALLISTERE LABORATORY to carry out an investigation near the conveyor. An investigation with the carrier can last up to 21 working days. If during this period, the product is found, it will be immediately redirected to the delivery address indicated on the order form.
On the other hand, if the ordered product is not found at the end of this 21 days deadline of investigation, LABORATOIRE ALLISTERE will proceed at its expenses with a new forwarding of the products ordered by the Purchaser or with a refunding.
6.3 Unavailability of Products
Products are offered subject to availability. In the event of unavailability of one of the Products, the Buyer will be informed as soon as possible. This information may be notified to the Buyer, as far as possible, as follows:
- when placing their order directly online ;
following the validation of its order, before the delivery, by way of e-mail.
- The ALLISTERE LABORATORY will then make the necessary arrangements with Stripe to subtract the price(s) of the unavailable Product(s) from the amount debited from the Purchaser’s bank account.
6.4 Taxes 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 parcel reaches its destination. These customs duties and these possible taxes related to the delivery of an article are the responsibility of the Purchaser. 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 Buyer of customs duties and applicable taxes. To know them, the ALLISTERE LABORATORY advises the Purchaser to get information from the competent authorities of the considered country.
7. Dues of withdrawal
In accordance with article L. 121-21 of the French Consumer Code, the Purchaser has a period of fourteen clear days from the date of receipt, to return, at his/her expense, the products ordered, for reimbursement.
Products must be returned to LABORATOIRE ALLISTERE in perfect condition for resale, in their original state (packaging, accessories, instructions…), duly sealed. When a purchaser returns products, any risk associated with the return of the product is the responsibility of the purchaser.
The buyer must enclose with the returned products the withdrawal form available below, or drawn up 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 article L 121-21-4 of the code of consumption, if the aforementioned conditions are filled, LABORATOIRE ALLISTERE will exchange the product or refund with the Purchaser, within fourteen days, the sums corresponding to the products acquired by him.
Form of retractation of the consumer within the framework of a remote purchase
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. LABORATOIRE ALLISTERE will not accept parcels sent postage due.
9. Reserve of proprety
The ALLISTERE LABORATORY retains full and complete ownership of the products sold until full payment has been received, in principal, costs and taxes included.
10. Responsability
In accordance with article L 121-19-4 of the commercial code, 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 to the fact, unforeseeable and insurmountable, of a third with the contract, or of a case of absolute necessity. The ALLISTERE LABORATORY cannot be held responsible for any loss of data or 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 unvalidity
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
12. Unwaiver
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 terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
13. “Information technology and civil liberties”
13.1. Personal information :
In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, the processing of personal data collected on the Site has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés). Users have the right to access, modify, rectify and delete data concerning them. To exercise this right, the User should send a letter to Le LABORATOIRE ALLISTERE SAS-TOOFRUIT – 89 Route de la Reine, 92100 Boulogne Billancourt.
13.2. Cookies
A cookie does not enable us to identify you. It is a computer file stored on the hard disk of the User’s computer. Its purpose is to indicate a previous visit of the User on the Site. Cookies are only used by ALLISTERE LABORATORY to personalise the service offered to the User. Further details can be found on the Privacy Policy page.
14. Intellectual property
Tous les éléments du site TOOFRUIT du LABORATOIRE ALLISTERE sont la propriété intellectuelle et exclusive du LABORATOIRE ALLISTERE. Personne n’est autorisé à reproduire, exploiter, rediffuser, ou utiliser à quelque titre que ce soit, même partiellement, des éléments du site qu’ils soient logiciels, visuels ou sonores.
15. Informations on legal guarantees
In accordance with the decree of 18 December 2014
The consumer has a period of two years from delivery of the goods to take action ;
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 does not have to prove the existence of a lack of conformity in the goods during the 6 months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
16. Procedures and recourse in the vent of a dispute
Any consumer dispute or litigation, subject to Article L.152-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris.
Prior to referring the matter to the CMAP by the consumer, the latter must have already contacted TOOFRUIT’s Customer Service department and not have obtained a response or satisfaction for his/her complaint.
To submit his dispute to the mediator, the Customer can :
– fill in the form on the CMAP website: www.cmap.fr tab “you are: a consumer”;
– send their request by ordinary or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.
Whatever the means used to seize the CMAP, the request of the Customer must contain the following elements to be treated with speed: Its postal coordinates, email and telephone as well as the name and complete address of TOOFRUIT, a succinct statement of the facts, and the proof of the preliminary steps with TOOFRUIT “.
For further information, the Customer may contact the Customer Service of TOOFRUIT, at the following address: mktdig@toofruit.com.
17. 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 Purchaser, even in the event of plurality of defendants, will be, in the absence of friendly agreement, of the competence of the courts of Nanterre or the court of the place of residence of the purchaser at the time of the conclusion of the contract.
