INNOXA LABORATOIRES - GENERAL TERMS AND CONDITIONS OF SALE applicable from 10 June 2022
Article 1 - Purpose
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions, in the French language, of the distance selling of the Products (hereinafter referred to as "the Products") presented on the website www.laboratoires-innoxa.com (hereinafter referred to as the "Site") between :
- on the one hand, LABORATOIRES INNOXA is a SAS with a capital of 100,000.00 euros whose registered office is located at 24 rue Erlanger, 75016 Paris. Laboratoires Innoxa is registered with the Paris Trade and Companies Register under number 881 6111 800, NAF code 2042Z, intra-community VAT: FR 44 881 6111 800 (hereinafter the "Seller").
The Seller's contact details are as follows:
Postal address:
INNOXA LABORATOIRES
24, rue Erlanger
75016 Paris
France
Telephone number :
01 87 76 08 00
Fax number :
09 72 60 23 06
E-mail address:
service-client@laboratoires-innoxa.com
The Seller's business is the development and marketing of products dedicated to the health and comfort of the eye.
The Seller markets its products through the Site.
- on the other hand, any non-professional individual, residing in Metropolitan France, Corsica or Monaco, having the legal age of majority and full legal capacity to enter into a sales contract, visiting and/or making a purchase on the website www.laboratoires-innoxa.com (hereinafter referred to as "the Customer"),
The Seller and the Customer are hereinafter collectively referred to as the Parties (hereinafter "the Parties").
In addition, these General Terms and Conditions of Sale define the terms and conditions of the sale by the Seller to the Customer browsing the Site of the products offered on the Site (hereinafter referred to as the Product/s). Purchases of Products with a view to their resale are strictly prohibited.
Any order placed on the website www.laboratoires-innoxa.com implies full and complete acceptance of these General Terms and Conditions of Sale by the Customer, to the exclusion of all others, and express adherence to them. It is specified that the Seller reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In this case, the General Terms and Conditions of Sale in force on the date of the order placed by the Customer shall apply between the Parties.
Article 2 - General and Terminology
DEFINITIONS :
Products: All products offered by the Seller on its Site.
Site: The Seller's website accessible at www.laboratoires-innoxa.com
Member(s): Any Internet user who has entered personal data on the Site registration form and who, after receiving a confirmation e-mail, has definitively validated his/her LABORATOIRES INNOXA account.
Customer(s): Actual customer of goods or services offered by the Seller.
The present General Terms and Conditions of Sale of the Seller define the rights and obligations of the parties in the context of the sale of Products by the Seller to the Members of the www.laboratoires-innoxa.com website.
The Member declares that he/she has taken cognisance of this and accepts the rights and obligations relating thereto.
These General Terms and Conditions of Sale of the Seller define the rights and obligations of the Parties in the context of the sale of Products by the Seller to the Members of the www.laboratoires-innoxa.com website (hereinafter referred to as "the Site").
The Member declares that he/she has taken cognisance of this and accepts the rights and obligations relating thereto.
Article 3 - The products
The information relating to the essential characteristics of the Products and their prices are available in a visible and comprehensible manner in each Product sheet on the Site. The Customer declares that he/she is aware of this information before placing an order.
The Seller guarantees the detailed description of the Products presented. The photo associated with the description is not contractual.
The Seller's activity is highly regulated and under the control of the National Agency for the Safety of Medicines and Health Products. The regulations limit and control communication on health matters or the use of the Seller's Products.
This Site is not intended to provide, in any way whatsoever, health or pharmaceutical advice or consultation in these areas. Any information in this respect should be sought from a doctor or pharmacist. Consequently, the Member or Customer acknowledges that he/she is fully aware that the information contained on the Site is not intended, in any way whatsoever, to :
- Giving medical advice ;
- Provide a diagnosis ;
- Replace the consultation, advice or recommendations of a health professional.
The Products offered for sale are photographed, described and presented with the greatest possible accuracy. However, any differences that may exist between the Products and their photographs, particularly in terms of colour, shall not constitute grounds for cancelling the sales contract or incur the liability of the Seller in any way.
It is specified that the photographs illustrating the Products have no contractual value.
The purchase of Products on the Site with a view to their resale is strictly prohibited.
Article 4 - Access and administration of the site (Host)
The telecommunication costs inherent in accessing the Site shall be borne exclusively by the Customer.
The Seller reserves the right to terminate, modify, suspend, restrict or discontinue access to all or part of its sites, content, functionality or hours of availability without notice.
The direct and permanent storage for making the site available to the public is provided by the company OVH.
Article 5 - Intellectual Property
Copyright and Related Rights :
The Seller owns the rights to the texts, general architecture, images (animated or not), graphics and sounds of the Site.
In accordance with the Intellectual Property Code, any representation or reproduction in whole or in part without the consent of the Seller is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Violation of the provisions of Article L122-4 of the French Intellectual Property Code constitutes an infringement within the meaning of Article L335-2 of the French Intellectual Property Code, which constitutes an offence punishable by 3 years' imprisonment and a fine of 300,000 euros. The content of the Site, including text and images, is protected by copyright and other intellectual property rights and, unless otherwise indicated, may not be used, modified, transmitted or reused without the prior written permission of the Seller.
The Member or the Customer undertakes to inform the Seller without delay of any case of fraud and/or unauthorised access of which he/she is aware. Similarly, all visual elements, whether or not they are registered as trademarks or otherwise, whether or not they are accompanied by the acronyms ® or ©, as well as the presentation and content of all articles, press reviews and, more generally, all information appearing on the sites is the exclusive property of the Seller or of third parties with whom the latter has concluded agreements allowing its distribution.
Any use of data or information from the Site must mention the Seller as the source of the information and is subject to the Seller's prior express written consent.
The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a link referring directly to the homepage of the Seller's site, must first seek the Seller's authorisation. Under no circumstances may this link be understood as an implicit agreement.
Any unauthorised link must be withdrawn at the request of the Seller, who reserves the right to initiate any procedure he deems necessary.
Brands :
The Seller's names and logos are registered and protected trademarks. Any use of the Seller's name and/or logo or of its products requires prior written authorisation from the Seller. In the absence of such authorization, the Member shall be liable to prosecution. The reproduction, imitation, use, affixing, deletion or modification of a registered trademark constitutes an infringement that may be punished by 3 years of imprisonment and a fine of 300,000 euros.
The trademarks, trade names and logos, designs and models, and more generally all copyrights and industrial and intellectual property rights owned by the Seller or its affiliates or for which the Seller or its affiliates have rights of use (collectively the "Trademarks") appearing on this Site are Trademarks of the Seller. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademarks displayed on the Site without the prior written permission of the Seller or such third party that may own such Trademarks.
No provision of these General Terms and Conditions of Sale may be interpreted as granting the Customer or the Member a right of any kind whatsoever over the elements protected by intellectual property, of which the Seller may have the ownership or the right of exploitation. The Seller shall use all legal means to guarantee the protection of its intellectual and/or industrial property rights, including any civil and/or criminal proceedings.
Article 6 - Product prices
Article 6.1 : Prices
The prices of the Products are those indicated in Euros, including all taxes, on the Site on the day the order is placed. They take into account the VAT at the rate in force in France on the day of the order as well as any discounts resulting from current promotional operations (special offers, etc.).
They are guaranteed subject to an obvious typographical or printing error. These prices do not include a fixed contribution to the delivery costs in force on the day of the order.
The price, including all taxes, of each product is indicated in the corresponding product sheet. The shipping costs of the Member's order shall be indicated to him/her before the final validation of the order. Once the order is validated, the prices and costs will remain accessible in the order tracking.
The Seller reserves the right to change its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time the orders are registered.
Failure by the Customer to comply with the obligations under the terms of these General Terms and Conditions of Sale, and in particular concerning any incident of payment of the price of an order, may result in the suspension of access to the www.laboratoires-innoxa.com service, or even the termination of the Member's Account, depending on the degree of seriousness of the actions in question, without prejudice to any damages that the Seller may seek. Consequently, the Seller reserves the right to refuse any order from a Member with whom such a dispute exists.
Article 7 - Ordering
Article 7.1 : Ordering terms
a/ Customer identification
All new Customers must, prior to or at the time of ordering, identify themselves and fill in a form containing the following mandatory information: title, surname, first name, postal address, email address, telephone (fixed or mobile), personal password. This information will be accessible to the Customer in the "My account" section and will enable him/her, when placing subsequent orders, not to have to fill in the identification information required for any order.
No order can be validated if the Customer has not previously completed all the mandatory fields of the identification form or if the Customer has not authenticated himself through his existing customer account.
b/ Establishment and validation of the order
Members have the possibility to order on the internet at www.laboratoires-innoxa.com. The Customer interested in one or more Products presented on the Site must follow the following process in order to place an order online: (i) Adding the selected Product(s) to the shopping bag. Access to the shopping bag is possible at any time until payment is made, (ii) Identification of the Customer if the latter has not previously created a customer account or connection of the Customer to his/her account, (iii) Choice of the delivery method after the Customer has been able to take note of the corresponding delivery costs, (iv) Choice of the payment method and acceptance of these General Terms and Conditions of Sale after having read them.
c/ Order confirmation
The Member guarantees that he/she is fully entitled to use the payment card for the payment of his/her order and that these means of payment give access to sufficient funds to cover all costs resulting from the use of the services of www.laboratoires-innoxa.com.
By clicking on the "Order and Pay" button during the ordering process, and after having checked the content of the order in his "Shopping Cart", and if necessary, having modified it, the Member declares that he fully accepts the present General Terms and Conditions of Sale without reserve.
After having confirmed the content of his order, the Member shall validate it definitively by payment. The order shall only be definitive once the corresponding price has been paid.
Upon payment, whatever the method, the Seller shall systematically confirm the acceptance of each Member's order directly on the web page after validation of the payment.
An e-mail containing the paid invoice corresponding to the purchases made will be sent to the Customer once payment has been confirmed. Only this last e-mail triggers the preparation of the order by the Seller.
It is therefore specified that the order will not be validated in the event of partial or total non-payment by the Customer. Furthermore, the Seller reserves the right not to deliver the order in the event of a dispute between the Parties concerning one or more previous orders.
Article 7.2 : Follow-up and archiving of the order
The Customer will be able to consult the summary as well as the follow-up of his order at any time, by connecting to the Site, heading "My Account/Order History".
The invoice, once issued, will also be available for consultation under this heading.
Article 8 - Payment of the order
The Seller has put in place the technical means necessary to ensure the security of orders and payments made on its Site.
Payment for the Products is made, as previously stated, at the time of validation of the order by the Customer.
It is done exclusively :
(i) by credit card (Visa, Eurocard, Mastercard). The bank account corresponding to the card used for the payment is then debited immediately.
(ii) by Paypal account in accordance with the general terms and conditions of use which can be consulted via this link: ttps://www.paypal.com/fr/webapps/mpp/ua/useragreement-full.
Article 9 - Payment security
Article 9.1 : Transmission of information when paying by credit card
At the end of the order process, the Customer is asked to enter his card number, the validity date and the last three digits on the back of the card. Various accesses to authorisation machines are then carried out in order to check the data to avoid abuse and fraud. For this purpose, the server is in encrypted mode and all the information transmitted is coded. None of this data is transmitted in clear text on the Internet.
In all cases, the provision of the Customer's card number online and the final validation of the order shall constitute proof of the validation of the order by the Customer and of the payability of the sums due in execution of said order.
This validation is equivalent to a signature and express acceptance of all operations carried out on the Site.
Article 10 - Availability of products and services
Only the Products presented on the Site on the day of the Customer's order are available for sale on the Internet and can be purchased.
However, if the Product purchased becomes unavailable, either temporarily or permanently, after the order has been validated, the Seller undertakes to inform the Customer of this within 72 (seventy-two) working hours of the validation of the elements making up the order.
The Seller will then refund the product as follows:
- If the Product that has become unavailable was the only component of the order, the Seller will refund the Customer the entire order, including the shipping costs.
- If the Product that has become unavailable represented only a part of the Products ordered, the Seller shall reimburse the Customer for the price of the Product that has become unavailable, excluding shipping costs, if any, taking into account the flat-rate nature of these costs.
The reimbursement of the sum concerned will be made within 30 days of the payment of the sums paid, depending on the method of payment chosen by the Customer at the time of validation of the payment from the bank account corresponding to the bank card used for the payment, (i) or from the Paypal account in accordance with the Paypal general conditions of use.
Article 11 - Right of withdrawal
The Customer has a legal period of fourteen (14) days to withdraw from the contract without giving any reason.
To do so, it is sufficient for him to transmit his communication concerning the exercise of the right of withdrawal before the expiry of the period of fourteen (14) days after the day on which the latter or a third party designated by him other than the carrier, takes physical possession of the Product(s).
In order to exercise the right of withdrawal, the Customer shall, at his choice, notify his decision to withdraw:
- By sending an email to service-client@laboratoires-innoxa.com
- by means of an unambiguous declaration sent by registered letter to the INNOXA laboratoires address given below.
The Customer must return the goods in their new condition in their original packaging, undamaged, taking into account the properties of the product, without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw. This period shall be deemed to have been observed if the goods are returned before the expiry of the fourteen-day withdrawal period.
In doing so, and although it is not obligatory, the Seller recommends that the Customer fills in the form, prints it out and inserts it in the Product return package within the withdrawal period.
The Seller also recommends the Customer to use a parcel tracking service. In the event of a dispute, proof of shipment may be requested from the Customer.
Requests for withdrawal and returns of Products should be addressed to :
INNOXA LABORATOIRES
24, rue Erlanger
75016 Paris
France
The Customer shall bear the direct cost of returning the goods. If, due to its nature, any Product cannot normally be sent by post, the Seller will inform the Customer of the cost of returning the goods before the order is placed.
It is understood that the Customer must return the Product in new condition in its original packaging, undamaged, taking into account the properties of the Product, and it may not be opened, tested or used under any circumstances. In addition, the Product must be accompanied by all possible accessories, instructions and documentation.
The Customer's responsibility for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods may be engaged.
In the event of withdrawal, the Seller shall refund all payments received from the Customer, including delivery costs (with the exception of any additional costs arising from the fact that the Customer has chosen a delivery method other than the cheaper standard delivery method offered) without undue delay and, in any event, no later than FOURTEEN (14) days from the day on which he is informed of the Customer's decision to withdraw.
However, the Seller may postpone the refund until it has received the goods or until the Customer has provided proof of shipment of the goods, whichever comes first.
The Seller shall proceed with the refund using the same means of payment that the Customer used for the initial transaction (credit to the Member's bank account), unless the Customer expressly accepts delivery of a good of equivalent quality and price;
In any event, this refund will not incur any costs for the Customer.
Article 12 - Delivery
Article 12.1: Delivery methods
The Products ordered will be delivered by "Colissimo" to the address given when the order was placed.
Article 12.2 : Delivery time from the moment the carrier takes charge of the package
Delivery is made by the "Colissimo" service, with a normal delivery time of 48 to 72 hours, except in cases of force majeure.
The Customer's attention is drawn to the following facts;
- Any order placed by the Customer on Friday, Saturday or Sunday will only be processed by the Seller from the following Monday;
- the time limits indicated above run from the moment the carrier takes charge of the package.
- Orders placed by the Customer on a public holiday will be processed on the next working day.
The Customer is invited to regularly consult the follow-up of his order in the section "My account", "My order", and in the event of a prolonged delay in delivery, the Customer is invited to contact the Seller's Customer Service as soon as possible, indicating the constituent elements and the references of the order.
Delivery is made in Metropolitan France, Corsica and Monaco. The times indicated in the "Delivery" section are the usual average times and correspond to the processing times of the shipment (on average 24 hours) plus the delivery times (on average 48 hours).
Article 13 - Guarantees
13.1 Seller's customer service to ensure product conformity
The Seller declares that he is qualified to sell on the Site all the Products put on line of which he holds the whole property.
The Seller is liable for defects in the conformity of the goods with the contract under the conditions of article L. 211-4 and following of the French Consumer Code and for hidden defects in the goods sold under the conditions set out in articles 1641 and following of the French Civil Code.
All claims under the legal guarantee of conformity and under the guarantee of defects of the thing sold, can be made to the Seller's customer service at the following address
Postal address:
INNOXA LABORATOIRES
24 rue Erlanger
75016 Paris
FRANCE
All requests must be accompanied by a description of the problem as precise as possible.
13.2 Legal guarantee of conformity
The Seller reminds you that when acting under the legal guarantee of conformity, the Customer :
- has a period of two years from the date of delivery of the goods to act;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods;
- the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Any reservations that the Customer intends to make about the condition of the Products delivered (non-conformity, manufacturing defect, transport damage, etc.) must be mentioned on the delivery note. If no mention is made on the delivery note, the Seller may demonstrate that the lack of conformity did not exist at the time of sale.
The guarantee is excluded for any deterioration resulting from causes unrelated to the intrinsic qualities of the Products, such as those resulting from abnormal use (load, excessive humidity or heating, etc.) or from the Customer's actions (transport).
The guarantee is also excluded for defects that the Customer knew about and could not have been unaware of when he contracted.
13.3 Legal guarantee against hidden defects
The Customer may 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 may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In accordance with the provisions of Articles 1641 et seq. of the French Civil Code, the Seller guarantees the Customer against all the harmful consequences of hidden defects and faults that may be revealed by the Products sold, provided that the latter are reported to him without delay and in any event no later than two years from the discovery of the defect.
Upon delivery of the order, the Customer is required to check the Products. The Seller shall not be liable for any defects that the Customer could detect by himself after an apparent examination of the Product sold.
All deterioration, including aesthetic deterioration, resulting from hidden defects or faults which appear during use and of which the Customer could not have been aware at the time of delivery are covered by the guarantee, provided that they render the item unfit for the use for which it was intended, or which so diminish this use that the Customer would not have acquired it, or would have given only a lower price for it, if he had known about them.
On the other hand, the guarantee is excluded for any deterioration resulting from causes unrelated to the intrinsic qualities of the Products, such as those resulting from abnormal use (load, excessive humidity or heating, etc.) or from the Customer's actions (transport).
In any event, the Customer must provide proof of the existence of the hidden defect on the day of delivery.
Article 14 - Liability
The Products sold on the Site are subject to the warranty conditions provided for by French law.
The Seller shall not be held responsible for the non-performance of the concluded order in the event of an event of force majeure.
The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence and precautions taken by the Seller.
In particular, the Seller shall not be held liable for any disruption in the supply of the service or any external intrusion or presence of computer viruses.
Article 15 - Personal data / Confidentiality
The Seller informs the Member that these data will be used exclusively by its internal services, (i) to process the Member's order, (ii) to reinforce and personalise communication, in particular by sending newsletters and special offers if the Customer agrees to receive them by ticking the appropriate box.
Some information is marked with a red asterisk. This information is mandatory and is required to respond to any order request. If you do not fill in these fields, your requests or responses cannot be processed.
The Seller informs the Member that it may also communicate personal data to ensure the delivery of orders by its service providers, certain aspects of after-sales service, and to carry out satisfaction surveys. Furthermore, LABORATOIRES INNOXA may also communicate this data in response to an injunction from the legal authorities.
In accordance with Regulation (EU) 2016/679 on the protection of personal data, you have the following rights over your data: right of access, right of rectification, right to erasure (right to be forgotten), right to object, right to limit processing, right to portability. You can also define directives concerning the conservation, deletion and communication of your personal data after your death.
You may, for reasons relating to your particular situation, object to the processing of your data.
To exercise your rights, please write to LABORATOIRES INNOXA, 24 rue Erlanger, 75016 Paris - France or info@laboratoires-innoxa.com. Please enclose a copy of your identity card.
Subject to a breach of the above provisions, you have the right to lodge a complaint with the CNIL.
Article 16 - Entire contract
The present General Terms and Conditions of Sale on the Internet concluded between the Seller and the Customer express the entirety of the rights and obligations of the Parties.
No document, no indication, no correspondence can generate obligations under these General Terms and Conditions of Sale on the Internet, if it is not the subject of an amendment signed by both parties.
If a particular provision of these General Terms and Conditions of Internet Sale is held to be invalid or declared as such by a decision having the force of res judicata or if one of the clauses of these General Terms and Conditions of Internet Sale becomes null and void by a change in legislation or regulations, the other provisions shall retain all their force and scope.
This shall in no way affect the validity of and compliance with these Terms and Conditions.
Sale on the Internet.
Article 17 - Complaints, mediation and disputes
17.1 Complaints
All complaints should be made to the Seller's customer service department at the following address
Postal address:
INNOXA LABORATOIRES
24 rue Erlanger
75016 Paris
FRANCE
In addition, for any complaint or question concerning an order, the Customer can contact the Seller's customer service department by going to the bottom of the website www.laboratoires-innoxa.com :
Telephone number:+33 1 87 76 08 00
Advisors are available to the Customer from Monday to Friday, from 9am to 12pm and from 2pm to 6pm.
Only complaints relating to the online sale of Products on the Site will be taken into account by the Seller's services.
17.2 Applicable law - dispute
ONLY FRENCH LAW IS APPLICABLE TO THE RELATIONSHIP BETWEEN HORUS PHARMA AND THE CUSTOMER. ANY DISPUTE ARISING BETWEEN THE PARTIES RELATING TO THE INTERPRETATION, EXECUTION AND/OR TERMINATION OF THEIR AGREEMENT SHALL BE BROUGHT BEFORE THE COMMERCIAL COURT OF THE REGISTERED OFFICE OF INNOXA laboratoires, IRRESPECTIVE OF THE PLACE OF ORDER, DELIVERY AND PAYMENT, EVEN IN THE EVENT OF A THIRD PARTY CLAIM OR MULTIPLE DEFENDANTS.
Ed. 06/2022
