Preamble :
You are currently connected to www.labo-demeter.com, administered by LABO DEMETER SL. The purpose of this document is to inform you about our general conditions of online sales (Contractual Conditions).
You must carefully read the following provisions, as they constitute an electronic contract establishing the general conditions of sale of LABO DEMETER SL.
The "Double click" which you will execute after having filled out your order form constitutes the validation of this one and will be worth irrevocable acceptance of these contractual conditions when your order will have been validated.
Consequently, you can only order products and / or services if you accept all of the conditions provided below.
The Internet user (natural person having the capacity to contract) and LABO DEMETER SL are hereinafter referred to as "the parties", and individually "the party".
Definitions :
In this contract, each of the expressions mentioned below will be understood in the sense of its completion, namely:
- "the company": LABO DEMETER SL
- "distance contract": any contract concerning the ordering of products and / or services concluded between the company (*) and a customer (*) within the framework of a system of sale or provision of distance services organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- "customer": any natural person who, in this contract, acts as an individual or as a representative of a legal person and who has the right to contract.
- "order form": document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by "double click" (*) to engage him.
- "order": act by which the customer undertakes to purchase products and / or services and the company (*) to deliver them and / or provide them.
- "product": good sold or service provided by the company.
- "double click": reiteration of the validation of the order form by the customer. A purchase order completed and validated the first time is never taken into account without the customer's confirmation through payment.
Society :
Our site www.labo-demeter.com is administered by LABO DEMETER SL.
Headquarters - Lekaenea 20, B16 - 20301 IRUN (Spain)
SLU with a capital of 3,100,000 euros.
VAT number: ESB20855854
Phone: +34 677 352 442
Mail: contact@labo-demeter.com
Purpose: This contract is an electronic distance sales contract which aims to define the rights and obligations of the parties in connection with the sale of products offered by LABO DEMETER SL.
Products :
The products offered by LABO DEMETER SL are presented on the site in 5 languages (French, English, Spanish, Italian and German). Any national of the European Community and of countries complying with Directive 95/46 / EC cannot assert his linguistic ignorance as a contract cancellation clause.
The products offered for sale by LABO DEMETER SL are those which appear on the site www.labo-demeter.com, on the day of the consultation of said site by the Internet user, and within the limit of available stocks.
The illustrations presented on the site reflect the products for sale on it, except in the limiting cases inherent in the technical characteristics of the Internet (resolution and colors of the user's screen, etc.).
Due to the specific nature of the Internet network, my company does not guarantee the availability of all products on its site in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform Internet users through its site or by sending an email to a valid email address provided by the customer. The company will then offer you the replacement of the product ordered with an equivalent product (quality and price), or a credit note, or to exercise your right of rescission (cancellation of your order).
Prices :
The prices of the products can be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.labo-demeter.com.
In the event of an obvious typographical error, leading to the display of a "low price", the sale may be canceled, as mentioned in the article "Execution of the order".
The prices mentioned are in Euros (€), presented inclusive of VAT and include the costs related to the processing of orders. The delivery rates are the responsibility of the customer, unless otherwise stipulated during the ordering process. The different delivery options (accompanied by their prices) are presented during the ordering process and specified in the summary thereof.
Payment of the full price must be made on delivery of the products at the latest, unless otherwise specified during the ordering process and mentioned on the invoice.
In the event of delivery of products outside French territory, customs taxes and formalities are the sole responsibility of the customer, unless otherwise indicated. The customer then agrees to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
Order and payment :
Any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract in the articles "Right of withdrawal" and "Execution of the order". Any agreement to an estimate sent by email to the customer, and returned to LABO DEMETER SL with an explicit agreement also constitutes irrevocable acceptance.
- Any Internet user wishing to validate his order must identify himself by filling out the appropriate form provided on www.labo-demeter.com.
- After having checked the content of his order, as well as the total cost thereof (products ordered, shipping costs, optional options), and corrected any errors, the Internet user will confirm it definitively. This confirmation will have the value of concluding the contract.
- The contractual information will be the subject of a confirmation email sent to the customer at the latest at the end of the withdrawal period and subject to the provision by the customer of a valid email address, not subject to 'no restriction of use (professional email address for example). In this case, the company cannot be held responsible for sending contractual and / or advertising information to a restricted access email address.
To pay for his order, the customer has his choice of all the payment methods referred to in the ordering process and presented on the company's website (credit card, bank check, Paypal, etc.). He guarantees to the company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
In the case of payment by credit card, he must transmit his credit card number, depending on the type of the latter, the expiration date thereof as well as the cryptogram number (3-digit number appearing on the back of the card. Bank card).
LABO DEMETER SL guarantees that the payment is secured by S.S.L. (Secure Socket Layer) in order to protect as effectively as possible all data related to means of payment. The company guarantees that the cryptology means and services used to secure transactions have been authorized or declared in accordance with the legislation in force.
In the event of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the card issuer and between the company and its banking establishments apply.
If the only method of payment is payment by credit card, the final validation of the order takes place upon full payment (except for special provisions) thereof.
In the case of payment by check, the customer must select the "payment by check" option available on the payment page After confirming your order, the customer simply has to print the order form and send it to us accompanied by your check payable to LABO DEMETER SL at the following address:
In the case of payment by transfer, the customer must select "payment by transfer". After confirming your order, you just have to make the transfer by specifying your order number.
Delivery :
Your order is delivered to the delivery address you specified when placing the order. The times indicated are the usual average times and correspond to the processing and delivery times in working days. No expeditions take place on weekends.
Colissimo:
As from the assumption of responsibility by La Poste, you are generally delivered to your home between 2 and 5 days (working days for shipments in mainland France and Monaco), for Corsica between 5 to 7 working days, subject to hours deposit limits (except in cases of force majeure within the meaning of case law). You receive an email when your order is dispatched giving you a link on the Colissimo de la poste site with the package tracking number.
Labo Demeter SL cannot be held responsible if the delivery time is slightly longer than that mentioned above.
Colissimo delivery with or without signature :
When choosing the delivery method for his order, when the customer chooses a delivery method with signature, his signature is essential to receive the package. If the customer is absent when the postman passes by, he can collect his parcel by post against signature for a period of 15 days. It is therefore the customer's signature which is valid for receipt of the package. In the event of a dispute over delivery, the Post Office must produce the customer's signature to prove that the package has been delivered.
When the customer chooses a delivery method without signature, the package is placed in his letterbox. If for some reason the package cannot be placed in the letterbox, it is put on hold for collection at the assigned post office for a period of 15 days. It is the delivery certificate given by post that is authentic. Since the packages are tracked, a tracking number sent electronically when the order is dispatched allows the status of the package to be checked with the Post Office, in particular on the Post Office website dedicated to tracking packages. If the Post Office reports that it has been delivered, the package is considered delivered. In the event of a problem with a delivery, the customer must contact the Post Office, LABO DEMETER SL having delivered the package to the Post Office. In the case of delivery without signature, no recourse is possible with LABO DEMETER SL from the moment the Post reports the delivered package.
Incomplete or non-compliant delivery (due to the carrier):
The package may be damaged or the contents of it have been partially or totally stolen.
If you notice such an error, please mention it on the carrier's voucher and refuse the product by sending it back to us accompanied by a report 170 called "report of spoliation". In the event that you become aware of this error after the carrier has left, please notify us by email at contact@labo-demeter.com or by phone within a maximum of 72 working hours following receipt of the ordered.
Incomplete or non-compliant delivery (due to the company):
Despite the care taken in preparing the orders, it is possible that a product is missing from it, or that an error has occurred during the preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours of receipt of the order. This report can be made by email to contact@labo-demeter.com or by phone.
Lost package:
In the event that a package is lost by one of our carrier service providers, please inform us as soon as possible.
The company will conduct a survey of the services concerned.
Parcels not claimed by the customer and / or incorrect customer address:
If your parcel is returned to us by the Post Office for the following reasons: NPAI (Does not live at the Address Indicated) or "Parcel not claimed during its period of proceedings" at the post office or relay point, the subsequent conditions s 'apply:
Parcel not delivered under NPAI reason: if the parcel was sent to an incorrect or incomplete address, the error being attributable to the customer, the parcel may be reshipped at its expense at the single rate of € 7.90. If the address error is attributable to LABO DEMETER SL, LABO DEMETER SL will bear the costs of reshipment.
Parcel not delivered under the reason "Parcel not claimed during its period of proceedings" at the post office:
The unclaimed package within the time limits indicated (see conditions of the Post Office), will be returned to LABO DEMETER SL or to the sorting center or initial deposit. In all cases, the customer is responsible for the follow-up and collection of his parcel and a re-shipment is at the customer's expense at the single price of € 7.90. The package will be returned to the customer after agreement and payment by him of the corresponding costs. Each package returned to LABO DEMETER SL will be kept by LABO DEMETER SL for sixty (60) days. At the end of this period, LABO DEMETER SL may decide to destroy the articles thus stored, without notice or formal notice. This destruction does not open any right to refund, exchange or compensation.
Order execution :
The company reserves the right to refuse the order for a "legitimate reason" (in the sense defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, of the impossibility of carrying out the order. service, abusive request from the customer, presumption of impossibility for the customer to contract or even of manifest intention for the customer to harm the company.
The company also reserves the right to refuse the order in the event of an obvious typographical error leading to the display of a "low price", and this at the time of the order placed by the customer. In the event of a difference in interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the latter may request the intervention of a third party, as provided for in the "Applicable law" article. The order will be executed at the latest within a period not exceeding 7 days from the expected delivery date of the product or service mentioned in the order, subject to its acceptance by the company. For the deadlines concerning the different types of services (personalization ...), please contact us. An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise specified by him.
Responsibility
LABO DEMETER SL is responsible for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
LABO DEMETER SL cannot be held responsible for the non-performance of the contract concluded, following the occurrence of an event of force majeure (as defined by law) and in particular in the event of a total or partial strike by the postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due to the unforeseeable and insurmountable fact of a third party foreign to the provision of the planned services. Regarding the products purchased to meet professional needs, LABO DEMETER SL will not incur any liability for any indirect damage as a result of these, operating loss, loss of profit, damages or costs, which may occur.
The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial inability to use the products in particular due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the responsibility of LABO DEMETER SL, except in the case of a proven hidden defect. , non-conformity, defect or exercise of the right of withdrawal.
Personal Information
The information requested from the customer is necessary for processing his order and may be communicated to the contractual partners of the company (accountants, lawyers, etc.). They may also be sent to any competent authority for the settlement of disputes between the company and one of its clients. The customer can consult in our section "data protection", the characteristics of the processing of personal data used via the site www.labo-demeter.com.
The customer can also exercise his rights of access, rectification, opposition according to the terms mentioned in the sections "Data Protection" and "Legal Notice" of the company.
"Double-Click" and proof
The "double click" associated with the customer authentication and non-repudiation procedure when ordering and with the acceptance of these Contractual Conditions constitutes validation of the order and conclusion of the contract.
The computerized registers, kept on the company's servers as well as on the servers of its banking establishments, will be considered as rebuttable (rebuttable) presumptions of communications, orders and payments between the parties.
Under no circumstances will the company record telephone conversations between a member of the company and one of its customers or prospects. In the event of subcontracting of their customer service, the company undertakes to prohibit their partner in charge of the implementation of this service, from such recording, including within the framework of an "improvement of the service". ".
Preservation and archiving of documents
The archiving of transaction data is carried out on a reliable and durable medium.
It is therefore carried out in accordance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems with a view to ensuring the preservation and integrity of the records stored in these systems.
Entire contract
These general conditions express all the obligations of the parties.
No general or specific condition communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract.
The fact that LABO DEMETER SL does not invoke a breach by the Customer of any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in question. .
LABO DEMETER SL reserves the right to adapt or modify these Contractual Conditions at any time. In the event of a modification, the Contractual Conditions in force on the day of the order will be applied to each order. LABO DEMETER SL will also keep on its servers all the time-stamped versions of the Contractual Conditions.
Retention of title
The products delivered to the customer remain the property of LABO DEMETER SL as long as the contract has not been fully executed. On the other hand, the transfer of risk takes effect from the actual delivery of the products and / or services ordered on the electronic store www.labo-demeter.com.
The documents provided to the customer are governed by the Intellectual Property Code. They therefore remain the property of LABO DEMETER SL. It is therefore forbidden to reproduce, transfer or use the documents provided without the consent of LABO DEMETER SL.
Applicable law
This contract is subject to Spanish law, in accordance with European directives.
This is the case for both the substantive rules and the formal rules. In the event of a dispute, LABO DEMETER SL will favor amicable settlement. In case of dispute, jurisdiction is assigned to the courts of SAN SEBASTIAN (GUIPUZCOA), notwithstanding plurality of defendants or warranty claim.
The responsibility of the company LABO DEMETER SL can not be engaged in the event of non-compliance with the regulations of a foreign country where the product is delivered. This search for an amicable solution in no way interrupts the deadlines for acting as a guarantee.
Otherwise, the Spanish courts will have sole jurisdiction.
Thank you for your attention and enjoy browsing www.labo-demeter.com
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