Terms of Sales
ARTICLE 1: SCOPE AND ENFORCEMENT
1.1 These General and Special Conditions of Sale (CGPV) apply without restriction or reservation to all sales of products concluded between L’ARDENNAISIENNE and the Buyer. These CGPV are expressly approved and accepted by the Buyer, who declares and acknowledges, by the simple fact of placing an order, to have perfect knowledge of them, and therefore waives the right to rely on any contradictory document, prior or subsequent. , and in particular its own general or specific conditions of purchase.
ARTICLE 2: ACCEPTANCE OF ORDERS
2.1 An order is only considered accepted by L'ARDENNAISIENNE when the latter has acknowledged receipt of the order in writing.
SECTION 3: PRICES
3.1 Methods of payment
The products are invoiced according to the prices in force on the day the order is taken, as listed on the L’ARDENNAISIENNE website: COSSUR.
The prices are indicated in euros, excluding taxes and postage and packaging.
Payment of the price will be made by bank transfer, in full, within the time limit and in accordance with the bank details communicated by the Seller to the Buyer.
L’ARDENNAISIENNE accepts payment by Visa and MasterCard. If you choose to pay with a credit card, the order validated by the customer only becomes effective when the secure bank payment center and the INGENICO® secure payment platform have given their agreement to the execution of the transaction. The money is immediately withdrawn from your card upon confirmation of payment.
Under no circumstances may payments be suspended or subject to compensation without the prior written consent of L'ARDENNAISIENNE.
In particular, the Purchaser is prohibited from taking the grounds for any claim against L'ARDENNAISIENNE to defer payment of a due date in whole or in part.
Only the effective and total collection of the price will be considered as full payment within the meaning of these CGPV.
3.2 Cancellation of the sale in the event of delay or non-payment in full of the price
Any delay or default, total or even partial, in payment of the price within the fixed period and in accordance with the bank details communicated by the Seller will result, as of right, and without prior notice, in the cancellation of the sale. No compensation can be claimed from the Seller, who will simply reimburse the Buyer for the sums already paid by him.
ARTICLE 4: DELIVERY OF PRODUCTS
4.1 Terms and delivery times
The products are delivered to the address given on the order form.
Any delivery times indicated are given for information purposes only. Delays in delivery cannot therefore give rise to any penalty or compensation, nor justify the cancellation of the order or the refusal of receipt.
Products are transported at the Purchaser's risk and peril, so that L'ARDENNAISIENNE cannot be held liable for any damage, loss or theft that may occur during the loading, transport and unloading of the products. products.
4.2 Reception
Upon receipt of the products, the Buyer signs a delivery note attesting to the good reception of the latter, their conformity with the order and the absence of apparent defects.
In the absence of reservations expressly issued by the Buyer upon delivery, the products delivered will be deemed to comply in quantity and quality with the order.
If defects were to appear after delivery, it will be up to the Buyer to notify L'ARDENNAISIENNE of them within fifteen days of their discovery, on pain of forfeiture of the guarantee.
The Buyer shall refrain from intervening himself or involving a third party with the aim of remedying the defects reported, in order to allow L'ARDENNAISIENNE to analyze the products concerned and to determine the origin and reality of the alleged defects.
4.3 Force majeure and change of regulations in force
In the event of force majeure, i.e. any unforeseeable event beyond its control and which makes it reasonably impossible for L'ARDENNAISIENNE to fulfill its obligations, such as, in particular, any change in national, European or international standards in terms of health and/or or safety, L'ARDENNAISIENNE reserves the right to interrupt the delivery of certain products, or even to terminate the contract, subject to reimbursement of the sums paid by the Purchaser for the products and quantities not delivered, but without the latter can claim the least damages in this respect. In this case, L'ARDENNAISIENNE undertakes to notify the Buyer, by registered letter with acknowledgment of receipt and as soon as possible, of the impossibility of delivering the products ordered.
4.4 Quotas
For reasons of product safety and/or consumer health, L'ARDENNAISIENNE reserves the right not to deliver the quantities ordered by the Purchaser, although subject to reimbursement of the sums paid by the Purchaser for the products and quantities not delivered, but without the latter being able to claim any damages as a result.
ARTICLE 5: RESPONSIBILITIES
5.1 Buyer Information
The Buyer acknowledges having been informed of all the characteristics, risks and conditions of use of the products marketed by L'ARDENNAISIENNE, which form the subject of these GCPV.
This information is included in a notice in several languages, delivered with the products and available for consultation on the L’ARDENNAISIENNE website [hypertext link]. The Purchaser undertakes to use the products in accordance with the use for which they are intended, in accordance with the information given in the instructions and the standards in force. He also undertakes to comply with the instructions for the use, maintenance and storage of the products. L'ARDENNAISIENNE cannot under any circumstances be held liable for the incorrect use by the Buyer of the products sold, or for the use of these products which proves to be non-compliant with the use for which they are intended.
It is recommended that the Buyer take out an appropriate insurance policy. If necessary, this insurance policy must provide for the abandonment by the insurer of any recourse against L’ARDENNAISIENNE.
5.2 Warranty
The products sold by L’ARDENNAISIENNE are exclusively subject to a legal guarantee.
L’ARDENNAISSIENNE cannot be bound by any extended warranty offered by a distributor or a third party.
In particular, L'ARDENNAISIENNE cannot be held liable when the instructions for use, maintenance and/or storage of the products have not been complied with, or even when the products sold have been used in an improper manner. in accordance with the use for which they are intended.
Any defects only oblige L’ARDENNAISIENNE to replace, free of charge, the products concerned, excluding compensation for any operating loss or any other damage. Defective products must be returned to L'ARDENNAISIENNE for exchange, by the Buyer, at his own expense and in their original packaging.
L'ARDENNAISIENNE's liability is strictly limited to the obligations thus defined and it is expressly agreed that L'ARDENNAISIENNE is not liable for any compensation, including for immaterial or indirect damage, such as loss of profit, loss of use or income or claims from third parties, due to a possible defect in the products sold.
It is recommended that the Buyer take out an appropriate insurance policy. If necessary, this insurance policy must provide for the abandonment by the insurer of any recourse against L’ARDENNAISIENNE.
5.3 Qualities of the Buyer
Each sales contract is concluded intuitu personae. The products are sold to the Buyer on the basis of his status as a health care professional, his knowledge of the applicable regulatory and health requirements and his specific skills in using the products sold in accordance with their intended purpose. The Buyer declares in particular that he is legally authorized to use the products sold by L'ARDENNAISIENNE. Consequently, the rights and obligations resulting from any sales contract concluded between the Buyer and L'ARDENNAISIENNE cannot be the subject of any transfer to a third party, free of charge or against payment, without prior authorization. , express and written by L'ARDENNAISIENNE.
ARTICLE 6: RETURN OF PRODUCTS
6.1 Unless otherwise agreed and except in the case of defective products referred to in article 5.2, no return of products will be accepted by L’ARDENNAISIENNE.
ARTICLE 7: PARTIAL NULLITY
7.1 If all or part of one or more provisions of these GCPV is declared null or inapplicable, the other provisions will retain their full force and scope, and the Parties will ensure to find in good faith a legally valid provision, of equivalent economic effect. , allowing the spirit of these CGPV to be preserved.
ARTICLE 8: NON-WAIVER
8.1 The mere fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these GCPV cannot be interpreted for the future as a waiver to take advantage of the obligation in question.
ARTICLE 9: DATA PROTECTION AND WEBSITE USE POLICY
9.1 The Purchaser acknowledges having read the policy for the use of the website and data protection included on the website of L'ARDENNAISIENNE [hypertext link].
ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS
10.1 The Buyer undertakes to respect the intellectual property rights exploited by the Seller.
10.2 The acceptance of an order by the Seller and the conclusion of the subsequent sales contract between the Parties cannot imply, explicitly or implicitly, the transfer or even the granting to the Buyer of a license relating to the rights of intellectual property exploited by the Seller.
ARTICLE 11: APPLICABLE LAW AND SETTLEMENT OF DISPUTES
11.1 These CGPV, as well as any sales contract concluded between the Buyer and L’ARDENNAISIENNE concerning the products covered by these CGPV, are governed by Belgian law.
11.2 In the event of a dispute relating to the conclusion, interpretation, execution and/or termination of this sales contract and these GCPV, the parties will together seek an amicable solution.
11.3 Failing to reach such a solution within thirty days of the occurrence of this dispute, the parties will have recourse to the intervention of an approved mediator responsible for helping them to reach an out-of-court solution.
11.4 In the event of failure of mediation, only the courts of Liège, Liège Division, will be competent to hear the aforementioned possible dispute.
L’ARDENNAISIENNE – 4 Av Albert 1er – 4607 Dalhem – Tel: 0477537421 – Email: cossur.aesthetic.equipment@gmail.com
