The General Conditions of Sale
1. OBJECT :
The general conditions of sale of the company MYSMILE, whose head office is located at 229 rue solferino, 59000 Lille, France apply to any natural or legal person, hereinafter referred to as "the customer", making a purchase from MYSMILE FRANCE. The customer declares to be of legal age or holder of parental authorization and to have the legal capacity to contract allowing him to place an order. All orders are subject to the conditions listed below. They prevail over any other written or unwritten stipulation made by the customer. Any order implies full acceptance of these conditions of sale with the exception of special conditions written by the seller at the time of the order.
2 - ORDER:
It is up to the customer to define his own needs, possibly to establish his specifications and choose his equipment under his own responsibility.
3 - PRO-FORMA:
The pro-formas established by the company MYSMILE FRANCE are only valid for a period of 15 days from their date of issue unless the company is obliged to increase its prices for reasons beyond its control: natural disasters , seizures, ...
4 - DELIVERY:
After validation of the order, the average delivery time is 24 hours. MYSMILE FRANCE reserves the choice of carrier and guarantees the proper delivery of the goods.
5 - PRICE:
a) The prices appearing in the catalog and on the website are indicated in euros (all taxes included), excluding delivery costs. The prices appearing on your order after its validation and registration are firm and final: if the prices drop a few days after the order, we will not be able to compensate you for the difference; if prices increase, we are committed to delivering to you at the price set on the day of the order. The prices invoiced at the time of the order are those in force in the current catalog.
6 - RECEPTION:
a) The return can only concern products that have not undergone any alteration and arrive in their original packaging. Audio or video recordings can only be taken back if they are still in their original envelope intact, sealed and not having been activated. Article L221-28 of the Consumer Code sets out the contracts for which the right of withdrawal cannot be exercised. No material may be exchanged before it is returned to the premises of the company MYSMILE FRANCE. Before any return of a backup unit for an intervention by our services, the customer must take care to make a backup of his data himself.
b) Any claim on apparent defects must be notified in writing either by registered letter with acknowledgment of receipt. The material cannot be taken back or exchanged without the express agreement of the company MYSMILE FRANCE.
7 - PAYMENT:
Payment is cash on order, net and without discount. In the absence of payment, the company MYSMILE FRANCE will not take the order into account. MYSMILE FRANCE expressly reserves ownership of the goods delivered until full payment of their price in principal and interest. The mere delivery of a payment document does not constitute payment. The above provisions do not prevent the transfer to the buyer of the risk of loss or deterioration. Any delay or non-payment will result, as a penalty, in late payment interest equal to three times the legal interest rate. All the costs that the company MYSMILE FRANCE deems useful to incur to recover the payment are the responsibility of the customer.
8 - RIGHT OF WITHDRAWAL:
The customer has a period of 14 days from receipt of his order to exercise his right of withdrawal. He must report his wish to withdraw to the company MYSMILE FRANCE. The customer then has a maximum of 14 days to return his order at his own expense and claim reimbursement. For this, he must comply with clause 6 - RECEPTION a).
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration by post to the address:
MYSMILE
Saze investment group
229 rue solferino
59000 Lille or by email at contact@mysmile-france.com
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
9 - GUARANTEES:
The equipment delivered has a legal guarantee for a period of 2 years unless otherwise stated on our website.
MYSMILE FRANCE cannot under any circumstances be held liable for unforeseeable, indirect or consequential damages, damages related to defective use of the product sold, non-compliance with the customer's needs of the product sold or any other damage related to a cause independent of MYSMILE FRANCE. With regard to products purchased to meet professional needs, MYSMILE FRANCE will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, damages or costs, which may arise. The costs and risks of transport are for the professionals at the expense of the customer.
It is recalled that the benefit of the commercial guarantee does not preclude the application of the legal provisions relating to the legal guarantee of conformity and the guarantee against hidden defects (legal guarantees) reproduced below.
Article L217-4 Consumer Code: The seller delivers a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 Consumer Code: The property complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-12 Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it. acquired, or would have given only a lesser price, if he had known them.
Article 1648 paragraph 1 Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- benefits from a period of two years from the delivery of the property to act vis-à-vis its seller;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the consumer can 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 can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
10 - PERSONAL DATA:
a.) Collection and use of your personal data, MYSMILE FRANCE is responsible for processing your personal data. In general, the information that you communicate to us, with the exception of your password which is encrypted and can never be read, is intended for the authorized personnel of MYSMILE FRANCE who is the data controller. Your data is used to manage your access to your MYSMILE FRANCE customer account, and will also be used or transmitted for the processing and monitoring of your orders by our services and our service providers, the after-sales service of the products ordered on our Site or purchased in store. , marketing and customer relationship management, collection and the fight against fraud, reporting, management, segmentation and marketing selection.
b.) Right of opposition, rectification or deletion of your personal data: in application of the law of January 6, 1978 relating to data processing, files and modified freedoms, you have the rights of interrogation, access, rectification and opposition for legitimate reasons relating to all data concerning you as well as a right of opposition to commercial prospecting by MYSMILE FRANCE and/or its Partners. You also have the right to formulate specific or general directives concerning the storage, erasure and communication of your post-mortem data.
In accordance with the provisions of article 40 of the law of January 6, 1978, the exercise of these rights requires proof of your identity. You can exercise all of these rights by sending your request, accompanied by a signed identity document by email sent to contact@mysmile-france.com or by post. If you are concerned by prospecting by email, you can also modify or unsubscribe from newsletters by clicking on the "unsubscribe" or "unsubscribe" hypertext links present in each newsletter or by going directly to your Pearl customer account by clicking on the “Newsletter” link then “Unsubscribe”.
d.) Duration of retention of your personal data: The personal data collected by MYSMILE FRANCE in the context of the creation of your customer account and the placing of orders for products and/or services are kept for the time necessary for the management of your orders and the rights associated with them (warranties, etc.), the management of commercial prospecting, etc.
Periods of retention of personal data by MYSMILE FRANCE, the duration indicated covers the retention period in the active database and in internal archives, for the Data in your customer account: 3 years from your last contact with MYSMILE FRANCE; Data of your orders: 10 years after placing the order; Identity document communicated as part of the exercise of the rights of interrogation, access, rectification and opposition: 1 year from the date of receipt by MYSMILE FRANCE. Some of your personal data will also be kept by MYSMILE FRANCE within the time limits imposed on it by law in order to meet its legal obligations.
11 - DISPUTES:
In the event of a dispute, our sales department is available via the contact page of our website. As FEVAD members, our clients can call on their mediation service.
12 - FORCE MAJEURE:
MYSMILE FRANCE cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure.
13 - ECO-PARTICIPATION and WEEE:
MYSMILE FRANCE, like any distributor, collects an eco-participation from its customers, included in the sale price, in order to finance the collection and recycling of Waste Electrical and Electronic Equipment (WEEE). For all electrical and electronic equipment products, in accordance with article R.543-180 of the Environment Code, any customer may benefit from a right to take back their WEEE free of charge. The product take-back request must comply with the '1 for 1' principle: MYSMILE FRANCE takes back your old product for any product of the same type purchased through distance selling or at one of our points of sale. To find out how your product is covered and to request a return of your product.