GENERAL CONDITIONS OF SALE
Article 1 – DEFINITIONS
Customer : Animal health professional who places an order on the website.
GTC: General terms and conditions of sale.
Seller: 3D MEDICAL. This is the sales professional who offers customers products.
Product(s): goods offered for sale in the catalog of the website https://www.3dhorse.fr/.
Website: "https://www.3dhorse.fr/". This is the seller's website used in the context of his professional activity.
Order: document used by customers to proceed with the purchase of products.
Article 2 – PURPOSE OF THESE GTC
The purpose of these GTC is to describe the terms of distance selling of goods / products between our company 3D MEDICAL and customers.
As such, they set out all the rights and obligations of the parties with regard to their relationship.
The rules applicable in the context of the online sale of goods offered by the company 3D MEDICAL from the website https://www.3dhorse.fr/ are specifically set out here.
These GTC mentioned are deemed to have been accepted by the customers without any reservation.
The company reserves the right to adapt, modify or delete at any time, any part of the GTC, it being understood that the version of the GTC applicable to customers remains the one in force on the day of their order.
Article 3 – PRODUCT INFORMATION
The products that are governed by these terms and conditions are those that appear on our website https://www.3dhorse.fr/.
These products are offered within the limits of available stocks.
The products are presented and described with the greatest possible accuracy.
The images of the products are not contractual.
Article 4 – THE ORDER
Customers must place their order in accordance with the specifications mentioned on the https://www.3dhorse.fr/ website, for all products listed therein and of course within the limits of available stocks.
Customers place an order directly on the https://www.3dhorse.fr/ website.
Once the products selected by the customers have been added to the basket, the customers must check and correct, if necessary, the contents of their basket before any validation.
For the order to be validated, customers must accept, by clicking in the place indicated, these GTC and indicate the address and delivery method they wish as well as the method of payment.
As soon as a payment default, an incorrect address or any other problem resulting from the customers' account is found, the company 3D MEDICAL, seller on the site https://www.3dhorse.fr/, may block the order until the resolution of the problem detected.
Article 5 – THE PRICE
The company reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to the products available on that date.
The prices indicated are indicated HT in euros and do not take into account the delivery costs which will be invoiced in addition and specified before any validation of order. Taxes on the Added Rider (VAT) will apply if required after selection of the country of delivery.
Payment of the full price must be made when ordering.
The sums paid cannot be considered as a deposit or down payment.
Article 6 – PAYMENT OF THE ORDER
The products presented on the site are payable at the time of ordering.
The sale will be considered final after sending customers an email confirming the acceptance of the order by the seller and after receipt by the seller of the price.
In order to pay for their order, customers have at their choice all the payment methods made available to them by the company 3D MEDICAL and listed on the website https://www.3dhorse.fr/.
The different means of payment are:
by credit card: CB nationale, visa card and Mastercard are accepted on the website https://www.3dhorse.fr/.
by bank transfer: the bank details of the company 3D MEDICAL will be sent by email to customers when they have selected this method of payment.
Article 7 – LATE PAYMENT
The company 3D MEDICAL reserves the right to refuse to make a delivery or to honor an order that emanates from a customer who has not partially or totally paid for an order or with whom a payment dispute is being administered.
As part of an order verification procedure and in order to ensure that no person uses the bank details of another person without his knowledge, the company may ask customers to send him by email a copy of an identity document and a proof of address. The order will then be validated after verification of the customers' personal information.
Article 8 – ELECTRONIC SIGNATURE
The final validation of the order as well as the online provision of the bank details of the customers constitute express acceptance of all the operations carried out.
This is also proof of the agreement of the customers on the exigibility of the sums due.
In case of fraudulent use of the credit card, customers are invited to contact the 3D MEDICAL company as soon as possible.
Article 9 – TRACKING AND DELIVERY METHODS
The delivery of the products is carried out internationally.
Delivery costs are the sole responsibility of the customers and may vary depending on the type of order.
Delivery costs are indicated to customers at the time of selecting the delivery method of the products.
A sliding scale is applied for shipping costs.
Cart less than 1500€ excl. VAT = 25€ excl. VAT shipping costs
Cart over 1500€ excl. VAT = no shipping costs
For the rest of the world:
Cart less than 1000€ excl. VAT = 125€ excl. VAT shipping costs
Cart between 1001€ and 2500€ excl. VAT = 75€ excl. VAT shipping costs
Cart over 2500€ excl. VAT = no shipping costs
The products are delivered to the address indicated by the customers on the order form. The latter must, in that regard, ensure the accuracy of the information given relating to the address.
When packages are returned to the 3D MEDICAL company, the company may reship the packages at the expense of customers when the return is linked to an incomplete or incorrect address.
The company, seller, undertakes that the products delivered comply with the order as well as legal and regulatory obligations.
If the products do not comply with the order, customers can ask the company to make a new delivery at the company's expense.
The delivery time extends from 24h/48h to a week depending on the country of delivery (24h to 48h for France and two to seven days for the rest of the world) and will be confirmed by email to the customer via his order confirmation (Order Confirmation).
The company 3D MEDICAL can only be held responsible for exceeding the date of availability or delivery after having been put on notice, by registered letter with acknowledgment of receipt, by the customers to deliver the products within a reasonable time.
If the delay in delivery results from a case of force majeure, then in this case, the company will not be considered responsible.
If the delivery is not executed, the customers will be able to terminate the sales contract which will thus be declared as canceled and the customers will have to be refunded.
The transfer of ownership as well as the risks of the products occurs at the delivery of the products. The products being delivered are therefore at the risk of the sender.
At the time of delivery, if the original packaging is damaged or opened, customers must then check the condition of the products. If said products are damaged, customers must refuse the package and note the reason for the refusal on the delivery note.
Article 10 – DELIVERY ERROR
On the day of delivery or at the latest on the first working day following delivery, customers must make claims to the 3D MEDICAL company of delivery error or non-conformity of the products in relation to the order form.
Claims made after this period are rejected.
Complaints must be made either by phone at +33 (0)1 45 10 03 60 or by email firstname.lastname@example.org.
When there is an error in the delivery, the products to be exchanged or refunded must be returned to the company 3D MEDICAL in their original packaging at the following address: 12 allée de la Tuilerie, 94440 Marolles-en-Brie, France.
In this case, the return costs are the responsibility of the company.
Article 11 – RIGHT OF WITHDRAWAL
1 – WITHDRAWAL OF PRODUCTS
In accordance with the provisions of Article L. 221-18 et seq. of the Consumer Code, customers have, in principle, a withdrawal period of 14 days from the day after receipt of the products by customers.
If the order is for various products delivered separately, the period of 14 days begins to run from the receipt of the last product.
As soon as customers exercise their right of withdrawal, they do not have to justify their decision or bear any costs other than those corresponding to the costs of returning the products according to Article L.221-23 of the Consumer Code.
In order to exercise their right of withdrawal, customers must inform 3D MEDICAL of their decision before the expiry of the 14-day period by sending the following form by email email@example.com or postal mail to the address 12 allée de la Tuilerie, 94440 Marolles-en-Brie, France :
"To the attention of the company name of the company),
I/we(*) hereby notify you(*) of my/our(*) withdrawal from the contract for the sale of the product(*) below:
Ordered on (*) / received on (*) :.............................................
Name of consumer(s): ......................................
Address of consumer(s): ...................................
Signature of the consumer(s) (only in case of notification of this form on paper): ................
(*) = Cross out the unnecessary mention. »
2 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised in several cases, including the case where the products are personalized.
The right of withdrawal cannot be exercised on products used.
3 – REFUND OF CUSTOMERS
As soon as the right of withdrawal is exercised by the customers within the limits of the provisions in force, the company 3D MEDICAL is obliged to reimburse the customers for all the sums paid, including the delivery costs at the latest within 14 days from the date on which the company 3D MEDICAL was informed of the decision of the customers to withdraw.
Article 12 – FORCE MAJEURE
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described in this contract, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event must without delay inform the other party of its impossibility to perform its service and justify it to the latter. The suspension of obligations can in no way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
Cases of force majeure are all facts and circumstances that are irresistible, external to the parties, unpredictable, unavoidable, and beyond the control of the parties that prevent the normal execution of the sales contract.
If a case of force majeure arises, or a fortuitous event, the parties then agree together on the conditions under which the contract may be continued.
Article 13 – LEGAL GUARANTEE
The company 3D MEDICAL guarantees customers against lack of conformity and against hidden defects of the products.
The company is the guarantor of all products and goods of the sales contract.
It ensures that no errors are made on the website or in the products.
Customers thus have the possibility to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
They can also make a claim under the guarantee of defects of the thing sold under articles 1641 and following of the Civil Code.
If customers implement the legal guarantee of conformity, they have a period of two years from the delivery of the good to act.
Thus, as part of the legal guarantee of conformity, customers can:
benefit from a mandatory period of up to two years from the delivery of the product to act against the seller, the company (name of the company);
choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
customers are also exempted from providing proof of the existence of the lack of conformity of the product during the two years following the purchase of the good for all products purchased new and six months for second-hand goods.
Article 14 – INTELLECTUAL PROPERTY LAW
The content of the website of the company 3D MEDICAL namely the site https://www.3dhorse.fr/ remains the property of the seller.
The company is therefore the sole owner of the intellectual property rights on the content of the website.
Customers undertake not to use the content of the website without the prior written consent of 3D MEDICAL.
By committing not to use the content of the website, customers undertake not to use any mention of the site, nor the brand, trade name, logos, drawings, etc.
Any unauthorized use is likely to constitute an offence of counterfeiting punishable by criminal prosecution.
Article 15 – DATA PROCESSING AND FREEDOMS
The information collected by the company 3D MEDICAL benefits from the protection of the Data Protection Act No. 78-17 of 6 January 1978 as well as the General Data Protection Regulation applicable since 25 May 2018.
The company 3D MEDICAL collects personal data on customers in order to be able to proceed with the sale of products and is in this sense the responsible for the processing of said data.
The company guarantees the security of the processing of the information communicated as well as the protection of the privacy of the customers.
The information collected may be used to improve the quality of the company's services.
Article 16 – NO – PARTIAL VALIDATION
If one or more clauses of these general conditions of sale are declared to be contrary to a mandatory legal provision, the other clauses of these general conditions of sale nevertheless remain applicable and the contract of sale will not be affected.
Article 17 – APPLICABLE LAW
These GTC are written in French and then translated into English.
Also, the general conditions of sale are subject to French law unless mandatory provisions to the contrary.
Article 18 – DISPUTES
In the event of a dispute that may arise from the contract or the GTC, the parties undertake to seek an amicable solution as a matter of priority.
Disputes that have not been resolved amicably between 3D MEDICAL and customers will be submitted to the competent courts.
Customers may also use the mediation service offered by the company free of charge in accordance with Article L. 612-1 of the French Commercial Code.
The company 3D MEDICAL adheres in this sense to the service of the mediator (in process - ANM CONSO, 2 rue de Colmar, 94300 Vincennes, France, 01 46 81 20 95).