GENERAL TERMS AND CONDITIONS OF SALE

1.   DEFINITIONS

Whenever used in the body of these terms and conditions, the terms below shall have the following definition:

Product(s) : The Products ClariPharm™ offered for sale on the Website ClariPharm™ under the conditions defined below.

Client(s) : Any natural person, consumer, who purchases a Product through the Website ClariPharm™.

Order(s) : Any order of Product(s) on the Website ClariPharm™ under the conditions defined below.

General terms and conditions : The present terms and conditions.

Contents : The content of the Website ClariPharm™ (including all information, text, messages, graphics, logos, icons, gifs, databases, screens, images, photographs, music, text, audio, video, software or any other material, as well as their formatting).

ClariPharm™ : The company ClariPharm™, Société par Actions Simplifiée with a capital of 506,980 Euros, whose registered office is located at 9 rue des Croix Roses – 22400 SAINT-ALBAN, registered with the Saint-Brieuc Trade and Companies Registry under number 791 897 390, publisher of the Website ClariPharm™.

Personal data : Any information relating to an identified natural person or that can be identified, directly or indirectly.   Service(s) : The services of sale of Product(s) online by the company ClariPharm™ on the Website ClariPharm™ for the benefit of the Customers.

Website ClariPharm™ : The present website of ClariPharm™ having for address https://www.ClariPharm.fr

2. GENENAL PROVISIONS

The present general conditions are written in French in their original version, which alone is authentic and prevails over any other version translated into a foreign language.

The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the sale of the goods and materials proposed by ClariPharm™ to the Customers.

The General Terms set out herein are applicable in their entirety to all sales of Products made online by the company ClariPharm™ on its website at www.claripharm.fr com to Customers worldwide.

They constitute the essential and determining conditions thereof and prevail over any general terms and conditions and/or any other documents emanating from the Customers, whatever the terms thereof. Also, any order of a Product on the Internet Site ClariPharm™ implies the acceptance of these general conditions, to the exclusion of all other documents emanating from the Customers.

The General Conditions apply to the exclusion of all other conditions, in particular those applicable in the possible points of sale of the company ClariPharm™ or any other distribution channel.

The General Terms and Conditions are accessible at any time by the Customer on the Website ClariPharm™.

The Customer acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code.

Any modification of the General Terms and Conditions shall be binding upon the Client as soon as it is put online on the Internet Site ClariPharm™ for Orders placed subsequently.

Each of the provisions of the General Terms and Conditions shall apply to the fullest extent permitted by law and the invalidity of all or part of any clause shall not affect the remainder of such clause and the General Terms and Conditions as a whole.

The fact that ClariPharm™ does not take advantage at any time of a prerogative recognized by the General Conditions cannot be interpreted as a waiver by the latter to take advantage of the corresponding prerogative at a later date.

3. ACCESS TO THE WEBSITE ClariPharm™

The Customer is personally responsible for setting up the computer and

telecommunications means allowing access to the Website ClariPharm™.

The Customer is responsible for the telecommunication costs incurred when accessing the Internet and using the said site.

The Website ClariPharm™ is accessible 24 hours a day and 7 days a week, subject to suspensions due in particular to breakdowns or failures or paralysis of the network, the system and/or the means of communication, as well as maintenance and corrections required for the updating and proper functioning of the Website.

4. OPENING AN ACCOUNT ClariPharm™

You are reminded that the creation of a personal account on the Site is not necessary to place a one-off Order. However, if the Customer wishes to do so, he may create a personal account allowing him, in particular, to follow the history of his Orders on the Site and to find the corresponding confirmations and invoices.

It is specified that certain personal data of the Customer are required for the proper execution of the Order. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.

Customers may then any Order the companyClariPharm™ by entering their password and their personal e-mail address online, without having to fill out a new registration form each time they use it.

To proceed with the creation of an account ClariPharm™, certain personal data of the Customer is required. The Customer is required to provide complete, up to date and fair information, the responsibility of ClariPharm™ cannot be engaged in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the subscription he has taken out, which he expressly acknowledges.

Customers guarantee the truthfulness and timeliness of the information they provide when registering on the Website ClariPharm™. Each Customer concerned must spontaneously and immediately update their registration form online. In the event that the number and/or the nature of the information requested by the registration form changes, Customers must provide this new information within a maximum of 7 (seven) days from receipt of any request from the company ClariPharm™.

Once the registration form has been duly completed, this form is subject to the approval of the company ClariPharm™, which will subsequently notify by e-mail whether or not it confirms the corresponding registration, and if so, a personal account number;

5.  SECURITY OF ACCOUNT ACCESS IDENTIFIERS

When setting up each account, a login and a password are provided to the corresponding Customers. For reasons of security and confidentiality, only the combination of these two codes allows the Customer to access his account. The identifier and password are proof of the Customer’s identity and commit him/her to any use made through him/her. They have the value of an electronic signature within the meaning of Article 1316-4 of the French Civil Code.

Customers are solely responsible for their login and password. Customers must take care not to communicate their login and password to third parties or unauthorized members of their staff and must ensure the security of their communications and the storage of their data so as to avoid any hacking or dissemination of the login and password to any unauthorized person.   In any event, Customers alone bear the consequences that may result from the use of their login and password by any unauthorized person.

In case of loss of their password, the Customers must request from the company ClariPharm™, the sending of these elements by email to the person they designate.

All the elements relating to the use of the account are kept and archived by the company ClariPharm™ which can avail itself, in particular for evidentiary purposes, of any act, file, recording, follow-up report;

6.  CUSTOMER BEHAVIOUR

6.1. Generally speaking, each Customer must use the Website ClariPharm™ :  

in a fair manner; in a manner that complies with these General Terms and Conditions, the rules of good conduct of the Internet and the legal rules in force.

6.2. The Customers furthermore undertake to :  

to communicate to the company ClariPharm™ the information necessary for the execution of the Orders ordered; to make their Orders for their own account, and not for third parties; to communicate all the information necessary to establish an offer in accordance with their expectations; to loyally execute any possible transaction and/or any contract concluded with the company ClariPharm™ in accordance with the contractual conditions agreed with the latter.

6.3. The Customers shall refrain in particular from :  

display, send, download and/or transmit, by e-mail or in any other way, any Content that would be contrary to the law in force in France ; post, transmit, upload, download and/or transmit, by e-mail or otherwise, any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, but not limited to, computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogs, speed up the rate at which the screen scrolls so that Customers are unable to follow and type their dialogs, or perform any other action that has a similar disruptive effect on Customers’ ability to communicate in real time; interfere with or disrupt the Services, servers, networks connected to the Services, or refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Services; use the Website ClariPharm™ in any way that could :

• infringe the rights and interests of third parties ;
• render unusable, overload or damage the Website ClariPharm™ and/or its services;
• harm and prevent the normal use and enjoyment of the Website ClariPharm™ to other Customers;
• attempt to mislead the company ClariPharm™ by usurping the name or corporate name of others;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Website ClariPharm™;
• reproduce, copy, resell, or exploit for any commercial purpose whatsoever, all or part of the Services, any use of the Services, or any right of access to the Services;
• violate, intentionally or not, any national or international law or regulation in force.

7. PRODUCT CHARACTERISTICS

The Customer may, prior to his order, take note, on the Website ClariPharm™, of the essential characteristics of the Product(s) he wishes to order.

The photographs, graphics presented on the site are photographs, indicative graphics.

The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges;

8.  CHOICE OF PRODUCTS

Once the Customer has familiarized himself with the Products and their characteristics, the Customer chooses, under his sole responsibility and according to his needs as they have been determined beforehand prior to any Sales Order, the Product(s) that he orders.

It is reminded that the Customer has the possibility to contact the company ClariPharm™ for advice;

9. PRODUCT AVAILABILITY

The Products indicated in stock correspond to products stored all year round.

However, the updating of stocks is not immediate, so it is possible that a product indicated in stock is no longer in stock. Also, the Products indicated in stock are indicated within the limit of the available quantities.

In the case of an Order for a Product mentioned in stock but actually out of stock: the payment will not be validated

10. ORDER

The Customer may order a Product directly online on the Website ClariPharm™ using the online form provided for this purpose and by credit card.

The Order is then materialized by the complete realization of the Order process provided for on the Website ClariPharm™ :

• Select product;
• Select features: Click on “CHOOSE SIZE”; Click on “CHOOSE FLUX”;
• Select option(s): Click on “ADD OPTION”.Confirm selection: Click on “ADD TO BASKET” ;
• Confirm purchase: Click on “ORDER”;
• Fill in the “INVOICE DETAILS” form;
• Select delivery address and delivery method and click on “SECURE PAYMENT”;
• Validate the terms and conditions: Click on “I have read and accept the terms and conditions”;
• Confirm payment: Click on “CONFIRM PAYMENT”;
• Fill in bank details: “Click on validate”.

Subject to the right of withdrawal referred to below for the benefit of consumer Customers only, any order will become final from the time of sending the Customer an order confirmation email by ClariPharm™ and collection of the full price. ClariPharm™ recommends to the Customer to keep this information on a paper or computer document.

The Orders engage the company ClariPharm™ only after confirmation or beginning of execution of the aforementioned orders by the latter.

ClariPharm™ will always reserve the right to cancel a sale of a Product, even after receipt of the confirmation e-mail, in the event of failure to confirm by bank the effective payment of the sum claimed.

Any “click” by the Customer on the purchase order constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.

Each Order is strictly personal to the corresponding Customer and may not be transferred or transmitted by the latter to a third party.

In case of dispute concerning the reality or the terms of the transaction, the computer records provided by the secure bank payment server will be considered as proof between the parties.

The benefit of a contract is personal to the Customer and cannot be transferred without the agreement of ClariPharm™.

ClariPharm™ reserves the right to refuse or suspend any order from a Customer with whom there would be a dispute relating to the payment of a previous order or in the course of administration.

11. CONFIRMATION OF SALE

In accordance with Articles 1369-5 of the Civil Code and L121-13 of the Consumer Code, the Customer will receive a confirmation of his purchase.

12. RIGHT OF WITHDRAWAL FOR THE BENEFIT OF CONSUMER CUSTOMERS 

12.1 Method of exercising the right of cancellation  

In accordance with the provisions of Article L221-18 of the Consumer Code, the Customer having the status of consumer has a right of withdrawal within a period of fourteen (14) days following receipt of (s) Product (s) subject to the sales contract, under the terms of which he can request either the exchange or refund of his order.

The Customer exercises his right of retraction by sending the retraction form by registered letter with return receipt requested, mentioning the Order number and the Product(s) concerned to the following address : ClariPharm™ 9 rue des Croix Roses 22400 SAINT-ALBAN- France

12.2    Model withdrawal form :  

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of Claripharm, 9 rue des Croix Roses 2440 Saint-Alban – France

Fixed line: +33(0)2 96 93 37 89

Fax : +33(0)2 96 94 20 01

contact@claripharm.com

I hereby notify you of my withdrawal from the contract for the sale of the Product below :

• Ordered on
• Received on :
• Lot number :
• Name of consumer(s) :
• Address of consumer(s) :
• Signature of consumer(s) (only in case of notification of this form on paper) :
• Date :

12.3 Methods of returning Products  

Any returned Product must be packed in its original packaging, unused, clean and undamaged, allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Any Product that is incomplete, showing traces of use, damaged or whose original packaging has been damaged, will not be refunded or exchanged.

The return costs are at the expense of the Customer.

12.4 Reimbursement    

In the event of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be refunded and the delivery costs will be reimbursed.

ClariPharm™ will proceed to the refunding of the Customer having exercised his right of retraction within fourteen (14) days as from the date of reception of the product by Claripharm.

This reimbursement will be made in priority by re-crediting the credit card entered at the time of the initial order or, if this is not possible, by letter-cheque.

13. PRIZE

The selling prices of the online Products and subscriptions on the Website ClariPharm™, indicated in Euros, are those in force at the time of the registration of the order form by the Customer.

They do not include shipping costs, which are invoiced in addition to the price of the Products purchased according to the amount of the order. Shipping costs will be indicated before the Customer records the order.

The prices of the Products mentioned on the Website ClariPharm™ are expressed in Euros and include all taxes. For any Sales Contract concluded with a Customer who is not a resident of the European Union or a resident of the French Overseas Departments and Territories, no VAT is applicable).

The Customer may not under any circumstances take advantage of any other price charged for any other marketing method.

The selling prices of the Products correspond to those in force at the time of the order.

14. GENERAL TERMS OF PAYMENT

Payment for the Products, as well as any inherent costs, is made in cash and in euros when the corresponding order is placed, by credit card on the Website ClariPharm™, under the following conditions.

Once the Customer has given his bank details, ClariPharm™ will confirm the sale of the Product to the Customer by e-mail within a short period of time, this period of time being necessary to verify that the Product is indeed available for sale.

The payment will be validated and cashed as soon as the sale is accepted by the Customer, in order to ensure the solvency of the latter. ClariPharm™ thus reserves the right not to validate the sale if a default of payment is proved. In all cases, ClariPharm™ takes care to inform the Customer.

Payment for the Products is made by secure electronic payment by credit card OR BY PayPal. The online collection of the Customer’s credit card details (credit card number, expiration date, visual cryptogram) is intended to carry out the transaction and the payment of the sale.

The bank details entered are then encrypted using the SSL (Scure Socket Layer) protocol and protected by a security system designed to prevent unauthorized third parties from intercepting, accessing, distorting or diverting this data for their benefit.

By communicating his bank details, the Customer accepts in advance and unconditionally that ClariPharm™ proceeds with the secure transaction. The Customer therefore authorizes his bank in advance to debit his account at the sight of the recordings or statements transmitted by ClariPharm™, even in the absence of invoices signed by the cardholder’s hand.

ClariPharm™ and reserves the right to cancel any sale of Product(s) in case of refusal of authorization of payment by credit card by the officially accredited bodies or in case of non-payment.

15. TERMS AND DELIVERY TIME

15.1 Terms of delivery   

Delivery means the transfer of physical possession or control of the goods to the buyer. It is made only after confirmation of payment by the bank at ClariPharm™.

Products purchased on the ClariPharm™ website are delivered only to a specific list of countries specified in the order form.

The Products will be delivered to the address indicated by the Customer on the order form, according to the delivery method chosen on the website ClariPharm™.

In the event of failure by ClariPharm™ to meet its obligation to deliver on the date or on expiry of the period no later than thirty days after the conclusion of the contract, the consumer may cancel the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined, in the same way, the professional to make the delivery or provide the service within a reasonable additional period, the latter has not performed within this period.

The contract is considered resolved upon receipt by ClariPharm™ of the letter or writing informing it of this resolution, unless ClariPharm™ has executed itself in the meantime.

Nevertheless, the consumer can immediately cancel the contract when ClariPharm™ cannot deliver the product or when it does not fulfill its obligation to deliver the product on the date or at the end of the 30 days deadline. This period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.

When the contract is resolved under the conditions provided for, ClariPharm™ is required to reimburse the consumer for the totality of the sums paid, at the latest within fourteen days following the date on which the contract was terminated. The sum paid by the consumer is automatically increased by 10% if the refund occurs no later than thirty days beyond this term, 20% up to sixty days and 50% thereafter.

The Customer may, at his express request, obtain the sending of the invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.

In case of partial availability of the Products, ClariPharm™ may split the orders. Thus, the available Products may be sent initially, the balance of the order will be sent when all the other Products ordered are available.

ClariPharm™ proposes to the Customers to be delivered by colissimo or chronopost or followed letter.

Claripharm disclaims all or part of its responsibility by proving that the non-performance or improper performance of the contract is attributable either to the consumer or to the fact, unforeseeable and insurmountable, a third party to the contract or to a case of force majeure.

Failure to comply with the procedures set out below will result in no claim by the Customer being accepted.

15.2 Delivery Time  

For products available in stock and for delivery in Metropolitan France, the average time from the warehouse ClariPharm™ are as follows: 2 to 7 working days.

For any product available in stock delivered outside of Metropolitan France the delivery time will be indicated on at the time of the Order.

The delivery times indicated on the site are indicative, corresponding to the average processing and delivery times observed.

ClariPharm™ could not be held responsible for the consequences due to a delay of routing.

In all cases, if the package is returned to the sender, a second delivery will be made at the Customer’s expense.

If the package is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain acquired at ClariPharm™.

16. TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership and the risks of loss and deterioration relating thereto shall only be effected after full payment of the price by the Customer, regardless of the delivery date. The products therefore travel at the Customer’s risk.

17. CONFORMITY – RECEPTION

Claims must be sent by registered letter with acknowledgement of receipt to ClariPharm™ , 9 rue des Croix Roses 2440 Saint-Alban – France (Tel. fixed: +33(0)2 96 93 37 89 / Fax: +33(0)2 96 94 20 01 / contact@claripharm.fr and must include :

• Customer details: Surname, first name, postal address.
• Place of purchase :
• Product reference :
• Product batch number:
• Reasons for complaint
• One or more photos of the complaint

In the event of proven non-conformity noted by ClariPharm™, ClariPharm™ will, at its own expense, replace the non-conforming Product according to available stocks. If it is impossible to replace the defective Product, ClariPharm™ will grant a refund;.

18. RESERVATION OF OWNERSHIP

Products are sold UNDER RESERVE OF PROPERTY until full payment is received. In this respect, payment means the effective settlement of the products, the fees related to the sale and the interest on the account of ClariPharm™.

19. GUARANTEE

The Products offered by ClariPharm™ are in conformity with the French legislation in force.

The Customer having the status of consumer will benefit from the legal guarantee of hidden defects (article 1641 to 1648 of the Civil Code), the legal guarantee of conformity (article L 217-4 to L 217-14 and following of the Consumer Code) (See 32.ARTICLES).

The Customer is solely responsible for the choice of the Products he orders, as well as their conservation or use.

The following are excluded from any warranty, in particular :

• defects and/or damage caused by normal wear and tear of the Products;
• defects or deterioration caused by a use different from that for which the Products were designed, by negligence, by poor maintenance, by improper storage, by misuse or by failure to comply with the use and maintenance instructions, or by an accident.
• defects or deterioration linked to a factor outside ClariPharm™.

Any intervention or modification carried out on the Products by the Customer or by a third party automatically terminates the warranty.

20.  RETURN OF PRODUCTS

Any return of the Product under the guarantees must be subject to prior agreement from ClariPharm™.

To this end, the Customer shall contact ClariPharm™ and send the claim form below available on the website www.claripharm.fr in the “delivery and return” section.

Also, no returns will be accepted without prior authorization from ClariPharm™.

21. RESPONSABILITE

The orders are carried out in current quality with the tolerances of the French and European standards, without any responsibility of the company ClariPharm™ as for the use for which the Customers intend them and as for their conformity to the texts of the legislation and standards in force in their country.

22. MODIFICATIONS AND DUPLICATION OF THE SITE

The company ClariPharm™ reserves the right to modify and update at any time all or part of the website(s) ClariPharm™ .

Changing the name of the Website ClariPharm™, as well as changing its hosting location, size, purpose, and frequency of updates will have no effect on the execution of orders.

23. ADVERTISING ON THE WEBSITE

At any time ClariPharm™ may decide to place advertising space on the www.Claripharm.fr website. ClariPharm™ has complete freedom when it comes to the choice of these advertisers, the types of visualization of the advertisements but also their position on the site.

24. MAJOR STRENGTH

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties’ obligations and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. In an express way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will come together to examine the impact of the event and to agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.

25. COMPUTER LAW AND FREEDOM AND PROTECTION OF PERSONAL DATA 

25.1 Collection of personal data  

The personal data collected on this site are as follows:

25.1.1 Opening an account

When creating the user’s account, the user’s first and last name, email address and date of birth.

25.1.2 Connection

When the user connects to the site, it records, in particular, his surname, first name, connection data, use, location and payment data.

25.1.3 Profile

The use of the services provided on the site makes it possible to fill in a profile, which may include an address and telephone number.

25.1.4 Payment

As part of the payment for products and services offered on the site, the latter records financial data relating to the user’s bank account or credit card.

25.1.5 Communication

When the site is used to communicate with other members, the data concerning the user’s communications are subject to temporary storage.

25.1.6 Cookies

Cookies are used, within the framework of the use of the site. The user has the possibility to deactivate cookies from the parameters of his browser.

25.2 Retention period of the personal data collected  

In order to comply with the legislation in force regarding the traceability of medical products, users are informed that ClariPharm™ will have to keep users’ personal data for a period of 10 years .

25.3 Use of personal data  

The personal data collected from users is used to provide the site’s services, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

• access and use of the site by the user;
• management of the operation and optimization of the site;
• organization of the terms of use of the Payment Services ;
• verification, identification and authentication of the data transmitted by the user ;
• offering the user the possibility to communicate with other users of the site;
• implementation of user support ;
• Personalization of the services by displaying ads based on the user’s browsing history, according to his preferences;
• prevention and detection of fraud, malware (malicious software) and security incident management ;
• management of possible disputes with users ;
• sending commercial and advertising information, according to the user’s preferences. If the Customer does not wish to receive these proposals, he can inform ClariPharm™ by e-mail at the following address: contact@claripharm.fr.

25.4 Sharing of personal data with third parties  

Personal data may be shared with third parties in the following cases:

• when the user uses payment services, for the implementation of these services, the site is in relation with third party banking and financial companies with which it has concluded contracts ;
• when the user publishes, in the free comment areas of the site, information accessible to the public;
• when the user authorizes the website of a third party to access his data ;
• when the site uses the services of service providers to provide user support, advertising, customer satisfaction survey, newsletter and payment services. These service providers have limited access to the user’s data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
• if required by law, the site may transmit data to respond to claims made against the site and to comply with administrative and legal proceedings;
• if the site is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party,
• When requested by the health authorities of a third country in accordance with their legislation in force. In this case, the following guarantees have been taken to ensure a sufficient level of protection of personal information.

When personal data is shared with subcontractors of ClariPharm™, the subcontractors in question are subject to an obligation of confidentiality and may only use your data in accordance with our provisions. and the applicable legislation.   Apart from the cases set out above, we undertake not to sell, rent, transfer or give third parties access to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

25.5 Hosting and Data Transfer  

Personal data is stored and hosted for the duration of its conservation via the company OVH,  located in the United States and whose servers are located in the United States.

The user therefore authorizes ClariPharm™ to transfer, store and process his information in the United States. The laws in force in this country may differ from the laws applicable in the user’s place of residence within the European Union. By using the site, the user consents to the transfer of his personal data to the United States.

ClariPharm™ remains responsible for personal data that is shared with third parties under the Privacy Shield.

ClariPharm™ complies with the rules of the Privacy Shield, the data protection shield between the European Union and the United States, as formulated by the U.S. Department of Commerce regarding the collection, use and retention of personal data transferred to the United States from the European Union. The site has declared to the U.S. Department of Commerce that it adheres to the principles of the Privacy Shield. In the event of a conflict between the terms of this clause and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.

25.6 Collection and processing of so-called sensitive personal data  

Sensitive data is a special category of personal data.

This is information revealing alleged racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sexual life or sexual orientation of a natural person.

The European regulation prohibits the collection or use of such data, The European regulation prohibits the collection or use of such data, except, in particular, in the following cases :

• the data subject has given his explicit consent to the processing of such personal data for one or more specific purposes ;
• processing is necessary for the purposes of fulfilling the obligations and exercising the rights specific to the controller or the data subject relating to employment law, social security and social protection insofar as such processing is authorised by Union law or by the law of a Member State or by a collective agreement concluded on the basis of the law of a Member State which provides adequate safeguards for the fundamental rights and interests of the data subject ;
• processing is necessary for the purposes of fulfilling the obligations and exercising the rights specific to the controller or the data subject relating to employment law, social security and social protection insofar as such processing is authorised by Union law or by the law of a Member State or by a collective agreement concluded on the basis of the law of a Member State which provides adequate safeguards for the fundamental rights and interests of the data subject ;
• the treatment is necessary for the purposes of preventive or occupational medicine, assessment of the worker’s capacity for work, medical diagnosis, health or social care, or the management of health care or social protection systems and services on the basis of Union law, the law of a Member State or pursuant to a contract concluded with a health professional
• ….

In this sense, the user is informed that ClariPharm™ will be led to collect personal data of a so-called sensitive nature, in particular medical data, in order to personalize and adapt its offers to the needs of its Customers and to their medical situation, in particular their medical situation.

Customers expressly accept that ClariPharm™ collects and processes their personal data of a so-called sensitive nature and this, under the same conditions and guarantees as the clauses above.

25.7 Security and Confidentiality  

ClariPharm™ implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the site cannot guarantee the security of the transmission or storage of information on the Internet.

25.8 Implementation of user rights 

The personal data collected byClariPharm™ during any order of the Customer are necessary for the management of his order byClariPharm™ and its commercial partners.

The CNIL registration number: 1685660v0

All the information communicated by the Customer is the subject of an automated data-processing treatment having been declared byClariPharm™ and/or the Concessionaires, in accordance with the Data-processing law and Freedoms of January 06, 1978

In accordance with the Data Protection Act of 6 January 1978, it is recalled that each Customer has a right to access, oppose, correct, modify and delete any personal data concerning him.

In application of this regulation applicable to personal data, users have the following rights:

• They can update or delete their data by logging into their account and configuring the account settings;
• they can delete their account by writing to the following e-mail address: contact@claripharm.fr. Please note that information shared with other users, such as postings on forums, may remain visible to the public on the site, even after deletion of their account;
• they may exercise their right of access, to know their personal data, by writing to the following e-mail address: contact@claripharm.fr. In this case, before implementing this right, the site may request proof of the user’s identity in order to verify its accuracy;
• if the personal data held by the site is inaccurate, they may request that the information be updated by writing to the following e-mail address: contact@claripharm.fr ;
• Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@claripharm.fr.

25.9 Evolution of this clause  

ClariPharm™ reserves the right to make any changes to the present clause concerning the protection of personal data at any time. If a modification is made to the present personal data protection clause, the site undertakes to publish the new version on its site.

ClariPharm™ will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.

26. INTELLECTUAL PROPERTY

All content published on the Website ClariPharm™ (including but not limited to texts, comments, works, illustrations, images and trademarks) is the exclusive property of

ClariPharm™ and is protected under intellectual property law. Any total or partial reproduction of this content is strictly prohibited and constitutes an offence.

27. CONVENTION OF PROOF

The parties agree that proof of their contractual obligations will be provided in the following manner: It is agreed that clicking on the button “I accept the General Terms and Conditions” manifests the Customer’s consent and implies his acceptance of the General Terms and Conditions.

Any acceptance or request by a Customer, which may result in obligations for which he is responsible, will be validated by the Customer by entering and validating the password that has been personally assigned to him. By entering and validating his password, which will be worth signature, the Customer will be deemed to have irrevocably accepted the obligation(s) subscribed to.

The company ClariPharm™ will be able to prevail itself as proof of any act, programs, data, files, recordings, operations and other elements (such as follow-up reports or other statements) of nature or in computer or electronic format or support, established, received or kept directly or indirectly by the company ClariPharm™, for example in any database.

28.  CHANGES IN THE GENERAL CONDITIONS OF SALE

ClariPharm™ reserves the right to modify and update the Terms and Conditions of Sale without notice. In order to be informed of these possible modifications,

ClariPharm™ advises the Customer, and generally speaking any user, to reread the Terms and Conditions of Sale of the Site regularly. The Order will be subject to the GCS in force at the time of the Order.

29.  NON-PARTIAL VALIDATION

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

30. APPLICABLE LAW – LITIGATION

The sales of Products of the company ClariPharm™ are subject to French law. In case of dispute, only French courts will be competent.

31. CUSTOMER SERVICE AND ORDER TRACKING

For any information, the Customer can contact customer service at the following address: contact@claripharm.fr

Claripharm

9 rue des croix roses

22400 Saint Alban

France

32. ARTICLES

Article L217-4 

Created by Order n°2016-301 of March 14, 2016 – art.   The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Article L217-5 

Created by Order n°2016-301 of March 14, 2016 – art.   The property is in conformity with the contract : 1° If it is fit for the use usually expected of a similar property and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L217-6 

Created by Order n°2016-301 of March 14, 2016 – art.   The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L217-7 

Created by Order n°2016-301 of March 14, 2016 – art.   Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

Article L217-8 

Created by Order n°2016-301 of March 14, 2016 – art.   The purchaser is entitled to demand that the goods comply with the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he entered into the contract. The same applies if the defect has its origin in the materials he himself supplied.

Article L217-9 

Created by Order n°2016-301 of March 14, 2016 – art.   In case of lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the property or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.

Article L217-10 

Created by Order n°2016-301 of March 14, 2016 – art.   If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same faculty is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within one month following the buyer’s complaint ; 2° Or if this solution cannot be without major inconvenience for the latter given the nature of the property and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor.

Article L217-11 

Created by Order n°2016-301 of March 14, 2016 – art.   The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the purchaser. These same provisions do not preclude the awarding of damages.

Article L217-12 

Created by Order n°2016-301 of March 14, 2016 – art.   The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L217-13 

Created by Order n°2016-301 of March 14, 2016 – art.   The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.

Article L217-14 

Created by Order n°2016-301 of March 14, 2016 – art.   The recourse action can be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code

Article 1641 Civil Code 

The seller is bound by the warranty on account of 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 acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1642 Civil Code 

The seller is not liable for apparent defects of which the buyer has been able to convince himself of.

Article 1643 Civil Code 

He is liable for hidden defects, even if he would not have known about them, unless in this case he has stipulated that he will not be obliged to any warranty.

Article 1644 Civil Code 

In the case of articles 1641 and 1643, the buyer has the choice to return the item and receive the price back, or to keep the item and receive part of the price back.

Article 1645 Civil Code 

If the Seller knew of the defects of the goods, he shall be liable to the Buyer for all damages, in addition to the return of the price he received for them.

Article 1646 Civil Code 

If the seller was unaware of the defects of the thing, he will only be bound to return the price and to reimburse the buyer for the costs incurred by the sale.

Article 1647 Civil Code 

If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two previous articles.   But the loss that occurs by chance will be for the account of the buyer.

Article 1648 Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.   In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity.