General Condition of Sale

ARTICLE 1. GENERAL

This site www.labo-acm.com is the property of the ACM company, a French limited company (Société par Actions Simplifiée, SAS) with share capital of 817,000 euros, whose registered office is located at 17 rue de Neuilly - Impasse Passoir, 92110 CLICHY, registered with the Nanterre  Companies and Trades Registry under number B 433 367 497

Telephone: +33 (0) 1 73 00 58 51

E-mail: [email protected]

These general terms and conditions of sale (GTCS) define all relations between ACM and any person wishing to make a purchase of one or more Product(s) offered for sale by ACM on this site. The applicable GTCS are the ones published on the website at the time of the order.

The Customer means any non-professional individual visiting the ACM site, who may or may not have ordered one or more Products on the website.

The ACM Site means the ACM Website:  www.labo-acm.com on which Products are presented and sold to the Customer.

Product(s) means dermatological and cosmetic products and dietary supplements offered for sale on the ACM Site.

ACM means the ACM company which sells Products offered for sale on the ACM Site.

Product names, marks, images, photographs, texts, illustrations, and logos found on this site are the exclusive property of ACM. No right of use is granted over the intellectual property rights found on this site. ACM reserves the right to take legal action against any infringement of its intellectual property rights.

Any use, reproduction/representation, whether in whole or in part, any adaptation or modification of the site or elements composing it, in any manner whatsoever, and in any medium whatsoever, is expressly prohibited.

ACM strives to guarantee the reliability, accuracy, and current nature of information communicated over the site. However, all information is provided in as-is condition, and ACM makes no guarantee and is not liable for errors and omissions found on the ACM Site. The Customer is solely liable for use of the information.

ACM makes no guarantee that the ACM Site shall be secure and shall not have harmful components such as viruses. Normally, the ACM Site is accessible 24 hours a day, 7 days a week.

ACM reserves the right to modify, suspend, or interrupt access to all or part of the site at any time and without notice, for any reason and at its sole discretion, specifically due to computer problems, technical difficulties, or in any case of force majeure.

ARTICLE 2. TERMS AND CONDITIONS OF PURCHASE

Products that are offered on the ACM Site are restricted to people who are (i) adults (or minors in possession of permission from their legal representative allowing them to place an order via the site) and (ii) who have full legal capacity to place orders on the ACM Site. ACM reserves the right at any time to request that the Customer provide evidence of his identity, attesting to age and/or authorization from the aforementioned legal representative. ACM reserves the right not to respond to an order and/or to exclude from its customers/prospects database any Customer who has not responded to the above request or who does not comply with the principles laid out in this clause.

It is stipulated that the Products are intended for the Customer's personal use, without any direct relationship to that person's professional activity, including any resale of the Products. In this respect, the Customer's attention is particularly directed to the fact that the amount of his orders must not exceed €500 per order. It is further stipulated that a single Customer may only order a maximum of 10 products for a single product listing per order.

Finally, a single Customer may only place two (2) orders per day. If there is an order greater than the aforementioned amount and/or number, the order shall be considered null and void.

It is stipulated that these GTCS apply to the exclusion of any and all other terms and conditions and specifically the general terms and conditions of sale in force for sales made in stores, shops, pharmacies and/or pharmacy-like health and beauty boutiques offering ACM Products.

ARTICLE 3. PRODUCT

The Products offered for sale by ACM are those found on the ACM Site on the day of consultation by the Customer, as limited by available inventory. ACM reserves the right to split deliveries as needed. On rare occasions, available inventories may be erroneously stated.

The Customer shall be responsible for any use that might be made of Products purchased on the ACM Site. The Products are intended for the Customer's personal use, without any direct relationship to that person's professional activity.

Products sold on the ACM site comply with French laws and regulations. It is incumbent upon the Customer to contact the local authorities for his country to determine whether or not there are any limitations on the importation and use of the ordered Products. The Customer may examine the essential properties of the Product(s) he wishes to order directly on the ACM Site prior to placing the order.

If there is any question or if the Customer wishes additional information, he may contact ACM by email at the following address: [email protected] and/or by telephone by dialling +33 (0) 1 73 00 58 51.

Pictures illustrating the Products are excluded from the scope of the contract.

ARTICLE 4. PRICE

The price of Products, purchase orders and invoices issued to the Customer are stated in euros inclusive of all taxes (Tax inc.). They include the prevailing rate for the Value Added Tax (VAT) in France and any reductions, applicable as of the day of the order, not including participation in handling and shipping costs.

ACM reserves the right to modify its prices at any time. Products will be invoiced based on the rates prevailing at the time the order is recorded, subject, however, to Product availability. Any shipping costs will be invoiced additionally and shall be stated to the Customer prior to the final order validation.

The amount of each order, including delivery costs, is payable in cash when the order is taken. Failing which, there shall be no delivery and the sale shall be deemed cancelled at the Customer's initiative.

In the event of an order to a country other than Metropolitan France, the Customer shall be the importer of the Product or Products in question. For all Products shipped outside of the European Union and overseas departments and territories (DOM-TOM), the price shall be calculated Exclusive of Tax (ET) automatically on the invoice. Customs duties, local taxes, import duties, or State taxes may be assessed. The ACM Site is not responsible for these duties and amounts. They shall be assessed against the Customer who shall be solely liable for them both in terms of declaration and payment to the competent authorities and bodies of the country in question. ACM advises Customers to contact the local authorities for information about these aspects.

All orders must be paid in euros.

ARTICLE 5. ORDER

The Customer may freely browse through the various pages of the site without, however, being committed to an order.

He may place an order either as a guest, or by creating a customer account on the ACM Site by completing the form, or by identifying himself via his email address and password, if he has already created an account on the ACM Site.

If the Customer wishes to place an order, he will choose the various Products that he wishes to purchase and may click on the box ‘Add to basket’. At any time, by clicking on the 'Basket', the Customer may:

- Obtain a summary of Products that he has selected

- Continue to select Products by visiting another part of the site

To conclude selecting Products an order, change, or delete the order, the Customer must click on 'See my basket'.

The Customer must then identify himself, either by entering his email address and password, if he is already a Customer, or by creating an account by accurately completing the form provided to him, on which, specifically, is found the information necessary for the Customer's identification, and specifically, his last name, first name, mailing address. The Customer will also choose his password. The Customer is responsible for regularly changing his password on the ‘My account’ page. It is strongly recommended not to choose a password using a common word, but to alternate letters and numbers.The Customer's email address acts as a user name (login). The billing address may be different from the delivery address. The Customer will receive an email confirming his registration.

The Customer is solely liable for his password and the use that he makes of it. He expressly undertakes to keep it to himself and not to communicate it to anyone else under any pretext whatsoever.

To continue the ordering process, the Customer must click on ‘validate’, then select the delivery and billing addresses, then click on ‘validate’. The method of delivery is displayed, the Customer must check on the box, 'I have read the General Terms and Conditions of Sale and I wholly accept them'. The Customer then indicates his full and complete acceptance of these GTCS as well as the special terms and conditions of sale applicable to each order placement and which are stated on his screen. Then the he clicks on 'place order'.

Prior to final validation of the order, the Customer may verify the details of his order, the price inclusive of taxes, including any applicable costs. The Customer may change his order and/or the information concerning the billing and/or delivery address and/or cancel the order by browsing backwards.

Once the Customer has confirmed his payment, an order summary will be sent to him by email, to the email address that he shall have stated when he identified himself. The customer will be shown specifically: the methods of payment, delivery, and, as applicable, delivery costs, the characteristics of the Product/Products ordered, the terms, conditions, and methods for exercising the return right.

ARTICLE 6. PAYMENT

The amount owed by the Customer is the amount shown on the order confirmation displayed on the webpage dedicated to this effect and then sent by email to the Customer. Pursuant to article L.121-19-3 of the Consumer Protection Code, the Customer is informed that orders are associated with a payment obligation.

The price paid by the Customer must be the price shown on the order confirmed by the Customer.

 Payment by cheque and cash is not allowed. Consequently, the Customer must have a Paypal account or bank card accepted by the bank establishment tasked with making on-line payments (Carte Bleu, Visa, MasterCard), the validity of which will be verified and confirmed by the automated payment system server of this banking establishment.

When entering the bank card data, the Customer will enter his card number and expiration date thereof, as well as any card verification code.

ACM entrusts the safety of its transactions to the service provider BNP PARIBAS – AXEPTA. Payment by bank card on the ACM Site occurs using a bank server secured using the system of its partner, BNP PARIBAS – AXEPTA. The encryption process used is the SSL protocol (Secure Socket Layer). The banking data transmitted are encrypted using software and no payment data is retained by ACM.

ACM uses the “3D secure” system for all purchases made by the Customer. It is a secure internet payment protocol. It allows traders to limit the risks of internet fraud linked to attempted identity theft. It ensures, during online payment, that the bank card is being used by its real holder.

ACM reserves the right to suspend any order in the event of non-payment or a refused authorization for bank card payment by one of the officially accredited bodies.

Once the payment process is complete, the Customer is directed to a page displaying the invoice for the order. The Customer can print this page.

Furthermore, an order confirmation email, showing the above-mentioned invoice, is sent to the Customer.

ARTICLE 7. DELIVERY & ACCEPTANCE

Delivery of Products ordered by the Customer is limited to Europe (including Corsica) and Monaco. For any order outside of the EU, the Customer may contact customer service by email [email protected] or by telephone by dialling +33 (1) 73 00 58 51.

Orders are processed within a maximum of one (1) business day from when they are received (from Monday to Friday, excluding holidays and weekends).

7.1 Delivery costs and the deadlines

Products ordered are sent using the usual mail services, COLISSIMO.

From the time the order is processed, subject to the terms of delivery below, the corresponding Products are sent and delivered by the Carrier within the following timeframes: 

In Metropolitan France, orders will be sent to the Customer's domicile or to a Pickup Point or Pickup Station locker by Colissimo in a parcel not requiring a signature within 48 to 72 hours (two (2) to three (3) business days).

In the absence of the Buyer, the Carrier leaves a delivery card in the Buyer’s letter box. The Buyer must then contact the Carrier to arrange a new delivery date. It is, however, specified that if the Buyer does not contact the Carrier, the Carrier will make two new delivery attempts, the date and time of which will be at the Carrier’s discretion. The parcel is kept by the Deliverer for a period of ten (10) days after the first attempt.

To companies outside of Metropolitan France and Overseas Departments, orders will be sent by Colissimo Expert I.

Delivery will be made on average within 7 business days (order processing and delivery period). The delivery deadline begins to run from the time the order confirmation email is sent.

Pursuant to existing law, ACM undertakes to execute the order within a maximum time frame of 30 days in any case, starting from the order validation day, subject to availability and complete payment of the price.

If there are articles that can be delivered on different dates due to their availability, the delivery deadline will be based on the longer period. ACM, however, reserves the right to split deliveries. Participation in delivery expenses will then only be invoiced for a single shipment.

Orders placed in France for an amount greater than €40, tax incl., shall be exempt from delivery costs. For any amount below that, shipping costs shall be invoiced at €6.50, tax incl..

Orders placed in Europe for an amount greater than €60, tax incl., shall be exempt from delivery costs. For any amount below that, shipping costs shall be invoiced at €8, tax incl..

7.2 Delivery procedures

Products ordered by the Customer will be delivered to the address shown by the customer and found on the order as the delivery address. If the recipient for the Products is absent, the package will be left with the Post office serving the delivery address stated by the Customer. In this latter case, the Customer shall be responsible for taking the necessary steps to collect the Products delivered to the Post office, doing so within the deadlines allotted by it. Following such deadline, if the postal services return the package to the following address, Laboratoire ACM, SKIPPER LOGISTIQUE, Parc Industriel Rhône Vallée Nord, 07250 LE POUZIN, ACM reserves the right to invoice the Customer for any re-shipment costs.

The Customer is committed to ACM with regard to its contact information and the delivery and billing information, if such information is different. Consequently, should there be an error in the wording of the recipient's contact information (specifically the last name, first name, street name and number, postal code, city name, telephone number or email address) ACM declines any and all liability with regard to an inability to deliver.

As the ordered Products are delivered by the Post Office's usual postal services, the Customer must be able to demonstrate his identity and provide, if necessary, the number awarded to his order. The Customer agrees, as necessary, to sign the receipt for delivery that may be presented to him. By signing the delivery receipt, the Customer acknowledges that he has received the order described on the delivery receipt, in good condition.

If the Customer finds that the package is clearly damaged, he undertakes to refuse it and to ask that it be returned to the attention of ACM. Once the poor condition of the returned package has been verified, ACM shall replace the ordered Product(s) by resending a package.

If the Customer finds that the Products are ruined or damaged or do not match his order, he must make a detailed claim in writing and return the Product(s) to the attention of ACM by post to the following address: Laboratoire Dermatologique ACM – 17 Rue de Neuilly – Impasse Passoir – 92110 CLICHY within three clear days. Any claim submitted after this deadline cannot be accepted. If the claim is accepted, ACM shall replace the ordered Product(s) by resending a package.

For any questions or if there is a problem pertaining to the delivery of an order (delayed delivery, etc.), the Customer may contact customer service by email  [email protected] or by telephone by dialling +33 (0) 1 73 00 58 51.

Pursuant to the provisions of article L.138-4 of the Consumer Protection Code, the transfer of risk occurs only at the time that the Customer or a third party designated by him, and other than the Post office (in charge of delivery), physically takes possession of the package.

ARTICLE 8. RIGHT OF WITHDRAWAL

Starting from the delivery of his order and pursuant to the provisions of article L.121-1 of the Consumer Protection Code, the Customer has fourteen (14) clear days to serve notice of his desire to exercise his right of withdrawal. The Customer must serve notice of his decision to withdraw by letter sent registered mail with return receipt and return the Product(s) in its (their) original package, in good condition, neither opened, nor altered, to ACM's mailing address as follows: Laboratoire ACM - SKIPPER LOGISTIQUE - Parc Industriel Rhône Vallée Nord - 07250 LE POUZIN.

When the fourteen (14) day period expires on a Saturday, a Sunday, a holiday, or a day off, it shall be extended until the first following business day.

The Customer may use the model withdrawal form found in the Annex.

Pursuant to article L.121-28 of the Consumer Protection Code, the right of withdrawal may only be exercised when said delivered Products shall have been opened by that person, following delivery, and consequently cannot be returned due to reasons of hygiene or health safety, in accordance with article L.221-28 of the Consumer Protection Code.

Following Product verification, if the conditions are not met, the Products will be refused and/or returned to the Customer at their expense.

If the aforementioned conditions are fulfilled, ACM shall reimburse the Customer for all monies paid, with all due speed, and no later than fourteen (14) days following the date on which ACM has been informed of the Customer's decision to withdraw. ACM reserves the right to postpone reimbursement until the Product(s) has(have) been recovered, in accordance with paragraph 2 of article L.221-24 of the Consumer Protection Code. The carriage costs for the initial delivery are included, except for the return costs which remain the Customer's liability. Reimbursement shall be made by wire transfer.

ARTICLE 9. LEGAL GUARANTEES

ACM undertakes to comply with the legal provisions covering conformity (Consumer Protection Code Art. L.217-4et seq.) and defects in Products sold (Civil Code Art. 1641 et seq.).

In the event in which the Customer invokes the legal guarantee of conformity, independently of any commercial guaranty, he shall have two years starting from delivery of the asset to take action. It is asked that the Customer demonstrate the existence of the non-conformity within six months starting from delivery of the Product(s). In the event of a non-conformity, the Customer may choose between replacement of and reimbursement for the Product(s), subject to the conditions established in article L.211-9 of the Consumer Protection Code.

In the event in which the Customer invokes the legal guarantee against defects in merchandise, ACM shall replace the Product with an identical one.

ARTICLE.10 CUSTOMER SERVICE

For any information, complaint, question or advice, the Customer can contact the LABORATOIRES SVR Customer Service by the following means:

- Email: [email protected]

- Telephone: +33 (0) 1 73 00 58 51 – Monday to Friday 09 :30 to 18 :00,

- Post: LABORATOIRE ACM, Service Consommateurs, 9 place des Ternes, 75017 Paris.

ARTICLE.11 MEDIATION

The Customer is hereby informed that they have access to consumer mediation for any disputes regarding the sale of the Products on the Website, in accordance with order no. 2015-1033 of 20 August 2015 and implementing decree no. 2015-1382 of 30 October 2015. To refer their dispute to the mediator, the Customer can fill in the form on the CMAP website: www.mediateur-conso.cmap.fr, or send their request by letter or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to [email protected]

 For the Mediator referral process, click here.

 At European level, the European Commission has also set up an online dispute resolution platform accessible here.

ARTICLE 12. DATA PROTECTION

12.1 Submission of personal data

Submission of personally identifiable data collected as part of distance selling is mandatory, as this information is necessary to process and deliver orders as well as to issue invoices. This information is strictly confidential. Any failure to provide this information shall result in the automatic rejection of the order. In accordance with the French Data Privacy Act, the processing of personally identifiable data collected on the site is reported to the Commission Nationale de l'Informatique et des Libertés (the National Data Privacy Commission). Under the Data Privacy Act of 6 January 1978,the Customer is entitled to access, amend, correct, and remove data about him as well as a right to object to the processing of such data, which he may submit by sending an email to [email protected], or in writing to the following address: Laboratoire Dermatologique ACM – 17 Rue de Neuilly – Impasse Passoir – 92110 CLICHY. This request must be signed by the Customer.

12.2 Protection of personal data

The Customer is informed that his registration as well as the use of the site results in the collection and automated processing of personal data, the use of which is subject to the provisions of Act No. 78-17 of 6 January 1978, the Data Privacy Act, as amended by Act No. 2004-801 of 6 August 2004. This personal information is intended for purposes of administrative and commercial management of clientele and prospects.

Furthermore, ACM offers to send all of its Customers, by email, newsletters to which they may subscribe by entering their email address in the box provided to this effect. If a Customer no longer wishes to receive such messages, he may refuse them at any time, by clicking on the link provided to this effect, found in each newsletter.

 E-mail addresses thusly collected are processed electronically for the purpose of sending the ACM newsletter.

The use of this data is exclusively restricted to ACM, who strives to preserve the safety of the Customer's data and, specifically, to prevent their being mutated, damaged, or having unauthorized third parties gain access to them. Personal data may not be disclosed to a third party without the Customer's prior consent. ACM does not intend to sell or market the personal data of its Customers.

ARTICLE 13. HYPERLINKS

The creation of hyperlinks to this Website can only by done with prior written authorisation from ACM. ACM assumes no responsibility with regard to the content, products or services presented on third party websites linked by a hyperlink to its own Website.

ARTICLE 14. FORCE MAJEURE

ACM cannot be held liable for any default, delay or non-performance of its obligations under the GTCS, where this default, delay or non-performance is linked to a case of force majeure.

The following events, other than those usually recognised by French law, are expressly considered force majeure or fortuitous events: full or partial strikes (internal or external to ACM), lockouts, bad weather, blockages of means of transport or supplies for any reason whatsoever, government or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, telecommunication blockages, failure or malfunction of networks of transmission via the internet, and any other case beyond the control of the parties, preventing the normal execution of the GTCS.

In addition, the Customer states that they are aware of the complexity of global telecommunications networks, the unequal capacity of different sub-networks, the influx of users at certain times and the various “bottlenecks” at certain places on the Internet. The current protocols for transmission via the Internet do not make it possible to ensure in a certain and continuous manner the proper reception of the messages and the integrity of the documents transmitted. ACM cannot be held liable in the event of poor transmission due to a fault or malfunction of the transmission networks.

ARTICLE 15. MISCELLANEOUS PROVISIONS

These GTCS are governed by French law. Sales of ACM Products on this site are governed by French law regardless of the Customer's country of residence and the place in which the order is placed.

If there is a dispute with respect to the existence, interpretation, performance, or breach of the contract between ACM and the Customer, an amicable arrangement will be sought by the parties. As necessary, the competent French courts shall apply the rules established by the French Code of Civil Procedure.

French Consumer Protection Code

- Article L. 217-4 of the Consumer Protection Code: “The seller is required to deliver a good pursuant to the contract and is liable for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity arising from the packaging, assembly instructions, or installation instructions, when he was responsible for them under the contract or when they were produced under his liability.”.

- Article L. 217-5 of the Consumer Protection Code: “To comply with the contract, the asset must:

1) Be suited for the use customarily expected of similar assets and, as applicable:

- match the description provided by the seller and possess the qualities that this party presented to the Customer in the form of a sample or model.

- present qualities that a customer might legitimately expect with regard to public representations made by the seller, by the producer, or by its representative, specifically in publicity or labelling.

2) or present the properties defined by mutual arrangement between the parties or be suited for any special use sought by the Customer, of which the seller has been informed, and which the latter has accepted.”.

- Article L. 217-12 of the Consumer Protection Code: “Action resulting from failure of compliance shall lapse two years after delivery of the asset”.

- Article L. 221-7 of the Consumer Protection Code: “Failures of compliance that appear within a period of twenty-four months from the delivery of the asset are presumed to have existed at the time of delivery, unless proven otherwise. For assets sold second-hand, the period set out in first paragraph of this article is reduced to six months. The seller can challenge this presumption if it is not compatible with the nature of the asset, or the failure of compliance invoked.” This legal guarantee of compliance applies independently of commercial guarantees granted in addition by ACM. The Customer can also exercise the guarantee against latent defects and to do so can choose between the termination of the sale or a reduction in price.

The Customer can choose between the repair or replacement of the asset, subject to the conditions of cost set out in article L. 211-9 of the Consumer Protection Code.

Civil Code

- Article 1641 of the Civil Code: « The seller is bound by the warranty against hidden defects in the article sold making it unfit for the use for which it is intended, or which decrease such use to such an extent that the Customer would not have acquired it or would only have offered a lesser price had he known of them. ».

-  Article 1648 (1) of the Civil Code: « Any action resulting from latent defects must be brought by the acquiring party within two years starting from discovery of the defect ».

-  Article 2232 of the Civil Code: « Resetting the starting point, suspending or tolling the statute of limitations cannot have the effect of extending the statute of repose beyond 20 years starting from the day on which the right arose. Subsection 1 does not apply to cases mentioned in articles 2226, 2227, 2233, and 2236, the first subsection of article 2241, and article 2244. It also does not apply to actions pertaining to the status of persons. »

APPENDIX

Right of withdrawal form

Please complete and return this form only if you wish to withdraw from the contract respecting the sale of the Product or Products below:

Attention :

Laboratoire ACM

17 rue de Neuilly – Impasse Passoir

92110 Clichy

Tél : +33 (0) 1 73 00 58 51

Contact : [email protected]

 

I hereby notify you of my withdrawal from the contract respecting the sale of the below Product or Products:

     ·    Product name : 

     ·    Quantity: ……………………….

     ·    Order Number : 

     ·    Order Date : 

     ·    Customer's Last Name and First Name : 

     ·    Customer's address: 

     ·    Date : ….. /…….. /………

     ·    Customer's signature: