GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - General clauses
Our sales are subject to the present terms and conditions, which take precedence over all other terms and conditions of purchase, unless we formally and contractually waive them.
They also apply to all sales concluded via the dermatattoo.com website.
Article 2 - Ordering
You can place orders via the internet on the dermatattoo.com website.
Goods are approved on departure. They travel at the recipient's risk and verification must be made upon receipt, the possible clause of free delivery not constituting a waiver.
Article 3 - Payment terms and prices
Our invoices are payable in cash in Santa Cruz de Teneife, unless otherwise stipulated in the contract, and our bills of exchange or acceptances do not affect this jurisdiction clause.
In the event of a change in the purchasers' situation (sale or transfer of ownership, sublease, transfer of leasehold rights, incorporation, death), the sellers reserve the right to demand security or guarantee, and even if they consider it useful, immediate payment for supplies, regardless of the payment deadlines stipulated at the conclusion of the contract.
We reserve the right to demand payment guarantees from any customer during the course of a contract. In the absence of such guarantees, the contract will be automatically terminated without compensation. In the event of incomplete performance on the part of the purchaser, contracts shall expire automatically on the expiry of the term fixed for their duration, if we so require and whatever the quantity still to be supplied on that date.
In the event of non-payment of a bill of exchange on its due date, the entire amount due becomes payable, irrespective of any periods previously granted. This clause also applies in the event of a change in the buyer's operations. Furthermore, the seller retains full ownership of the goods until full payment of the invoiced price. Any delays in payment that may be granted must be subject to the submission of promissory bills duly accepted and returned within a maximum period of ten days from the date of their creation by our services. This deadline is imperative, and failure to respect it will result in the cancellation of payment deadlines, as well as the forfeiture of the term for non-payment.
Article 4 - Late payment interest
Any invoice not paid by the agreed due date will automatically generate late payment interest, without prior notice, at the legal rate as defined by law 75- 619 of July 11, 1975, increased by two points, to which the parties expressly refer. In the event of late payment, we reserve the right to suspend or cancel current or future orders.
Article 5 - Penalty clause
If collection of the debt requires the intervention of our legal department, or any other collection agent, this debt will be increased by a flat rate of 10% as a penalty clause, by express agreement.
Article 6 - Transfer of ownership and risk
We retain ownership of all goods delivered until full payment of the price in principal, accessories and interest, in accordance with the provisions of Law 80-225 of May 12, 1980. In the event of non-payment of a single fraction of the definitive price on the agreed due dates, we may obtain the return of the goods sold by means of a summary order. Nevertheless, by express agreement, goods travel at the customer's risk.
The transfer of the risks of loss and deterioration of the products will only take place upon delivery and receipt of the said products by the purchaser.
Article 5 - Penalty clause
If the collection of the debt requires the intervention of our legal department, or any other collection agent, this debt will be increased by 10% as a penalty clause, by express agreement.
Article 6 - Transfer of ownership and risk
We retain ownership of all goods delivered until full payment of the price in principal, accessories and interest, in accordance with the provisions of Law 80-225 of May 12, 1980. In the event of non-payment of a single fraction of the definitive price on the agreed due dates, we may obtain the return of the goods sold by means of a summary order. Nevertheless, by express agreement, goods travel at the customer's risk.
The transfer of the risks of loss and deterioration of the products will only take place upon delivery and receipt of the said products by the purchaser.
Article 7 - Warranty of conformity
We guarantee that our products are sold in conformity with current regulations. The purchaser undertakes, on receipt and before use of the goods sold, to check the conformity of the goods delivered with the order and to check their quality.
Article 8 - Jurisdiction clause
In the event of any dispute, the parties agree to submit to the jurisdiction of the courts in the area of our registered office, even in the event of a warranty claim or multiple defendants, whatever the method of payment.
Special conditions for internet sales
Internet purchases are subject to the general terms and conditions of sale, but given the specific nature of this means of transaction, they are payable in advance. Delivery is only made under this condition. The delivery period begins upon confirmation of payment.
Advance payment can be made by credit card via the website. When paying by credit card, you have access to payment methods offering maximum security. You can pay by credit card (Visa, Eurocard/Mastercard) directly on the website. In the payment form provided during the order process (secure entry), simply enter the type of card, your card number with no spaces between the digits, the control number (located on the back of your card) and the validity date.As long as our offers and their prices are visible on the site, they are valid.The availability indicated at the time the customer consults the site is subject to stock availability. Only the definitive unavailability of an item will result in its removal from our sales offer. When a product ordered is unavailable, the customer is informed by e-mail or on the invoice for products shipped in the case of an order of several items. From the moment the order is placed to the moment it is dispatched, the customer may cancel the order. Once the order has been dispatched, it is final and invoiced.
Article 9 - Prices
Prices are quoted in euros and are net prices excluding VAT, excluding shipping costs, VAT is not charged (auto entrepreneur status), intra-community regulations.They may be modified at any time without prior notice, on the understanding that items will be invoiced on the basis in force when the order is registered.The price is payable in full in a single instalment when the order is placed.All orders are invoiced and payable in euros.For deliveries outside mainland France, any customs duties or local taxes are the responsibility of the recipient, and such orders cannot be processed directly on the website.Please contact our sales department by e-mail at contact@dermatattoo.com
Article 10 - Delivery charges
Shipping costs include a contribution to the costs of preparation, packaging and postage.They are fixed by weight of the total order.
Please remember to group all your items on a single order.We will not be able to combine two separate orders, and shipping costs will be charged for each of them.
Whether you order from France or abroad, we deliver to your door.
The delivery time includes the preparation time of the parcel plus the delivery time (estimated at 5 working days for Metropolitan France).
Article 11 - Warranty, returns, refunds
The items supplied by dermatattoo.com are new and guaranteed against any defect.They are identical to those sold in traditional stores. If a product is either defective or non-compliant, you have 15 days to return the product in its original packaging.You will then be fully reimbursed for the cost of returning the product (up to the cost of standard shipping), and the exchange will be carried out immediately.
Right of return: You have the right to return an item, for whatever reason, within 15 days of receipt of your parcel (in its original protective packaging). You are responsible for return shipping costs. To return an item, please contact Customer Service by e-mail at contact@dermatattoo.com. An advisor will then be able to send you a “returns form”, which will make processing faster and more reliable.
Returns must be sent to the address below, accompanied by the “returns form” or, failing this, the invoice to which they relate: DermaTattoo, Lux Routage,11 rue Paul Richard, 5324, Contern Luxembourg.Contact: +33(0)613825147
Article 12 - Protection of your personal data
The information requested from you is necessary to process and execute your requests, and for other purposes, useful for getting to know you and improving the services that may be offered on the site.Personal data is processed in compliance with the French Data Protection Act of January 6, 1978. You have the right to access and rectify your personal data. All you have to do is contact us (giving your full name, address and e-mail address): by e-mail or by post.
Article 13 - Special liability
dermatattoo.com cannot be held responsible in case of force majeure (strike, flood, fire...).The products offered comply with current French legislation and European regulations.The dermatattoo.com site is not responsible for the content of sites to which hypertext links may lead from its own site.
Article 14 - Applicable law
All clauses contained in the present “general terms and conditions of sale”, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
Article 15 - Acceptance by the purchaser
The present general terms and conditions of sale as well as the price lists are expressly approved and accepted by the purchaser, who declares and acknowledges having a perfect knowledge of them, and renounces, of this fact, to prevail itself of any contradictory document and, in particular, its own general terms and conditions of purchase, the act of purchase involving acceptance of the present general terms and conditions of sale. These conditions may be modified at any time by dermatattoo.com without prior notice. Terms and conditions updated on September 1st, 2009.
Other special conditions of sale
Our goods are of sound, fair and merchantable quality.
We cannot be held liable for any misuse of our products.
Unless otherwise stipulated, our offers are only indicative and do not constitute a firm commitment. The validity of our confirmations becomes final if the purchaser does not reply within twenty-four hours.
Strikes, machine breakdowns, fires and other accidents which prevent or reduce production or deliveries are considered to be cases of force majeure and release us from our obligation to deliver at the agreed times. The same conditions apply in the event of mobilization, war, delay or cancellation of an official award.
As prices are based on customs duties and transport tariffs in force at the time orders are placed, it is understood that, in the event of an increase or the creation of new duties, the resulting additional outlay will be borne by the purchaser. The same applies to any new charges and taxes imposed after the contracts have been concluded.
Supplies which, through oversight or tolerance, are continued after the expiry of the term, cannot be invoked as constituting a tacit extension of the contract duration.
Even for sales by contract to be delivered, a delay may always be necessary for manufacturing.
Under no circumstances do we guarantee means of transport. If we seek wagons, trucks or ships, we do so, even if the goods are sold carriage paid, only as a good office for the purchaser and without any liability on our part.
Shipping orders are executed as and when they are registered, without any time limit.
Any claim relating to the quality of the goods, the quality of the delivery or the quantity delivered which is not received within fifteen days of arrival at the destination station will be strictly refused.
Orders or sales, even if confirmed, are only binding on us under good references. Otherwise, shipments will only be made against remittance.
In the event of suspension of payments, legal settlement or liquidation of the purchaser's assets, the seller, without losing any of his other rights, may demand by registered letter with acknowledgement of receipt, the return of the goods at the purchaser's expense until the latter has fulfilled all his commitments (law 80-335 of May 12, 1980).
During the performance of the present contract, the parties will have the option of cancelling the balance of the contract not shipped, if the general wholesale price index in France should undergo a minimum variation of 10% above or below the average value of this index as determined by the general statistics services of France.
The present conditions may be modified at any time without notice by Dermatattoo and transcribed on dermatattoo.com.
Last updated on 20/03/2021.
