TERMS AND CONDITIONS OF SALE

Preamble / Seller identity / Access to professional and commercial rules (where applicable)

The preamble sets out the purpose of the general terms and conditions of sale. It may also specify, where applicable, that certain products offered for sale on the site are subject to special terms of sale. The preamble also makes it possible to identify the professional and commercial rules to which the seller intends to adhere, where applicable. 

These terms and conditions specify in particular the following information:

  • The means of reproducing and archiving these terms and conditions
  • The legal notices of the site 
  • The general terms of use of the site 
  • The essential characteristics of the goods offered
  • The various steps to follow to conclude the online contract
  • The technical means for identifying and correcting errors made when entering data
  • The languages offered
  • The procedures for archiving and accessing the contract
  • The means of consulting the professional and commercial rules to which the seller intends to adhere
  • Legal and contractual warranties
  • Delivery times, costs, and methods
  • Delivery tracking and the costs of remote communication techniques
  • The price
  • Payment terms and security measures
  • Details on how to exercise the right of withdrawal,
  • The duration of the contract and the validity of the price.

  

To view the general terms of use of the site 

 

It is specified in advance that these terms and conditions govern exclusively sales made through the site 

These terms and conditions apply to consumers who have full legal capacity. These terms apply to all orders you place on this site.

XXXXX is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are based on information provided by the supplier. Nevertheless, XXXXX is committed to quality and current manufacturing standards.

If the product and/or its characteristics do not match the product received by the customer. 

These general terms and conditions are presented in French.

We operate under and are subject to the micro-enterprise regime. 

  

Section 1 -  The various steps to follow to conclude the online contract

  • Order

You make your selection by browsing the pages of our site. Your selections are added to your cart when you click "Add to cart". At any time during your visit to our site, you can confirm your order by clicking "Checkout".

  • Contract validation

When you click "Checkout", a confirmation message appears. It summarizes all selected products and options. On this page, you can either update your cart by changing quantities and/or removing one or more item(s), or continue by checking the box: "I accept the Terms and Conditions" and "Secure checkout".

You must check all the information provided in this order form, in particular all details necessary for delivery (delivery address, entry code, telephone numbers, etc.). The prior collection of the user's identification details (first name, last name, email address, bank details, etc.) makes the contract conclusion process easier. The customer may therefore save their details by checking the box "Save my information for next time".

If you do not need to make changes to the form and you want to continue with your order, you must click "Continue to shipping".

To complete your order, you must finally click "Continue to payment" and then "Place my order".

After payment on our secure server (see ''payment''), an acknowledgment of receipt is displayed. It confirms that your order has been registered and informs you that a confirmation email will be sent to you as soon as possible.

In the event of a risk related to product availability, we reserve the right to refuse an order for the same product above a certain quantity (more than 100).

  • Technical means for identifying and correcting errors

You have the option at any time to identify and correct any errors made when entering your data. If you notice an error after the contract has been concluded, you must contact us.

 

Section 2 - Procedures for archiving and accessing the contract

We will archive contracts, order forms, and invoices on a reliable and durable medium.

You have the right to access these documents for orders amounting to 120 € or more.

 

Section 3 - Legal and contractual warranties

  • Legal warranties

In accordance with the applicable legal provisions relating to the conformity of goods with the contract and hidden defects (available in Appendix 1 of these terms and conditions), we will refund, repair, or exchange any product that is apparently defective, damaged, or does not correspond to your order.

We will also reimburse all return costs upon simple presentation of supporting documents. (Photo, video, etc.)

Where applicable, we invite you to read our refund policy.

  • Liability

We do everything possible to satisfy you. We are responsible for the proper performance of these general terms and conditions. However, our liability cannot be engaged in the event of a fortuitous event, force majeure, the unforeseeable and insurmountable act of a third party to the contract, or the non-compliance of the product with foreign legislation in the event of delivery to a country other than France.

 

Section 4 - Delivery times, costs, and methods

  • Delivery methods

We will deliver the products to the address indicated in the order form.

  • Delivery time

We will deliver no later than the date indicated in the order confirmation message. (24 to 48 h) for mainland France and between 3 to 5 days for Europe.

In the event of a delivery delay, we will inform you by email as soon as possible and propose a new date.

If the ordered product is unavailable, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.

  • Delivery costs

Delivery costs are calculated in the cart based on the weight of the package and the destination address. 

  • Delivery tracking

You can contact us by email with any questions regarding your delivery.

However, we remind you that we offer the service: "Order notification" which gives you real-time notifications regarding the status and progress of your order (On average, 1 notification every 2 days)

 

Section 5 - Price

The prices of our products are indicated in euros excluding tax (VAT not applicable, art. 293 B of the CGI)

If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.

Payment of these duties and taxes is your responsibility, and we invite you to check with the competent authorities in your country. You must also verify the possibilities for importing or using the products you order from us in the destination country.

 

Section 6 - Payment terms and security measures

We only charge your payment at the time of shipment. You may therefore cancel your order freely as long as it has not been handed over to our carrier for shipment. Once your order has been handed over for shipment, you will be informed by email that we are about to charge you.

However, it may sometimes happen that payment is charged when the contract is concluded.

  • Payment methods

You have several payment methods available to pay for your purchases on this site.

- Either by bank card: Visa, MasterCard, American Express, other bank cards:

Payment is made, at your choice, on the secure banking servers of our partner STRIPE. This means that no banking information concerning you passes through our site.

Payment by bank card is therefore completely secure; your order will thus be recorded and validated as soon as the payment is accepted by the bank you have chosen.

Please note that, due to the location of our bank abroad, as well as the payment processing services we use, bank debit fees may apply.

These fees may be of two types:

1. Bank debit fees charged by the customer's financial institution: Your bank or financial institution may charge fees for international transactions or currency conversions. These fees are neither collected nor controlled by our company.

2. Currency conversion fees charged by Stripe: For certain transactions, Stripe, our payment service provider, may apply exchange fees related to currency conversion. These fees are independent of our company and are managed by Stripe.

We encourage you to take these potential fees into account before placing your order on our site. We would like to emphasize that these fees are not included in the price of our products or services and are not collected by our company. They depend on your financial institution's policy and the payment services used.


- Or by PayPal:

With PayPal, your financial information is never shared.. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.

  • Security

Payments made through our site are protected by a security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you against any possible intrusion, we do not store bank card numbers on our computer servers.

 

Section 7 - Satisfied or refunded: how to exercise the right of withdrawal

In accordance with legal provisions, within 14 days of receiving your product, you may exercise your right of withdrawal. You do not have to provide reasons or pay any penalty. With the exception of return shipping costs, which remain your responsibility, we will reimburse all sums paid no later than within 30 days following your withdrawal. At your request, you may also choose another refund method.

In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's particular specifications, or for audio, video, or computer software recordings unsealed by the customer

 

Section 6 - The duration of the contract and validity of the price.

The products remain the sole property of Smile Addict until full payment has been collected by PayPal or Stripe.

Our price offers are valid only within the dual limit of the validity period of the offer concerned and available stock.

Our offers of goods and prices are valid if they appear online on the site on the day of the order

 

Section 7 - Applicable law / Competent jurisdiction

These terms and conditions are governed by French law.

In the event of a dispute on the merits or procedure, only the French courts shall have jurisdiction.

 

Section 8 - Contact us / after-sales service

If you wish to contact us, our customer service team is available via the "Contact us" page.

 

Section 9 - Personal information

We collect your personal information for order management and the follow-up of our business relationship.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, delete, rectify, and object to your personal data. You simply need to write to us online at Customer Service, indicating your last name, first name, email address, address, and if possible your customer reference.

  

Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

Article L211-4

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made their responsibility under the contract or carried out under their responsibility.

Article L211-5

To conform to the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- present the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the seller.

Article L211-6

The seller is not bound by public statements made by the producer or their representative if it is established that the seller did not know of them and could not legitimately have known of them.

Article L211-7

Lack of conformity that appears within six months from delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L211-8

The buyer is entitled to require the goods to conform to the contract. However, the buyer may not dispute conformity by invoking a defect they knew of or could not have been unaware of when contracting. The same applies when the defect originates in materials supplied by the buyer.

Article L211-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may choose not to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.

Article L211-10

If repair and replacement of the goods are impossible, the buyer may return the goods and be refunded the price or keep the goods and receive part of the price back.

The same option is available to the buyer:

1° If the solution requested, proposed, or agreed upon pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;

2° Or if that solution cannot be implemented without major inconvenience to the buyer, given the nature of the goods and the use intended.

However, rescission of the sale may not be ordered if the lack of conformity is minor.

Article L211-11

The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.

These same provisions do not preclude the award of damages.

Article L211-12

Any action resulting from a lack of conformity is barred after two years from delivery of the goods.

Article L211-13

The provisions of this section do not deprive the buyer of the right to bring an action resulting from latent defects, as provided for in Articles 1641 to 1649 of the Civil Code, or any other contractual or non-contractual action recognized by law.

Article L211-14

Recourse action may be brought 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.

 

Appendix 2: Provisions of the Civil Code concerning the warranty against hidden defects

Article 1641

The seller is bound by the warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.

Article 1642

The seller is not liable for apparent defects that the buyer could have discovered for themselves.

Article 1642-1

The seller of a building to be constructed may not be released, either before acceptance of the works or before the expiry of one month after the purchaser takes possession, from construction defects or apparent lack of conformity.

There shall be no grounds for rescission of the contract or reduction of the price if the seller undertakes to make repairs.

Article 1643

The seller is liable for hidden defects even if they were unaware of them, unless, in that case, it was stipulated that they would not be bound by any warranty.

Article 1644

In the cases provided for in Articles 1641 and 1643, the buyer has the choice of returning the item and being refunded the price, or keeping the item and receiving part of the price back, as determined by experts.

Article 1645

If the seller knew of the defects in the item, they are liable, in addition to refunding the price received, for all damages to the buyer.

Article 1646

If the seller was unaware of the defects in the item, they shall only be liable for refunding the price and reimbursing the purchaser for the costs incurred by the sale.

Article 1646-1

The seller of a building to be constructed is bound, from acceptance of the works, by the obligations to which architects, contractors, and other persons bound to the project owner by a works contract are themselves subject under Articles 1792, 1792-1, 1792-2, and 1792-3 of this code.

These warranties benefit successive owners of the building.

There shall be no grounds for rescission of the sale or reduction of the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1, and 1792-2 of this code and to assume the warranty provided for in Article 1792-3.

Article 1647

If the item that had defects perishes as a result of its poor quality, the loss is borne by the seller, who shall be liable to the buyer for refund of the price and the other compensation set out in the two preceding articles.

But any loss occurring by chance shall be borne by the buyer.

Article 1648

An action resulting from latent defects must be brought by the purchaser within two years from discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller may be released from apparent defects or lack of conformity.

Article 1649

It does not apply to sales made by judicial authority.

Subscriptions and automatic renewal

Smile Addict offers an automatic delivery service (" subscription ") on certain products. By subscribing to a subscription, you agree to the following terms.

1. Nature of the subscription

The subscription consists of the automatic delivery of the selected product, at the frequency chosen upon sign-up (30 days or 60 days). The subscription is for an indefinite term and renews automatically until cancelled by the customer.

2. Price and renewal

The price of the first shipment corresponds to the normal price of the product. A discount of 15 % is automatically applied starting from the 1st renewal. This rate is maintained for all subsequent renewals.

In accordance with Article L215-1 of the Consumer Code, you will be informed by email at least 7 days before each renewal of the amount to be charged and the due date, with a link allowing you to modify or cancel your subscription.

3. Payment

Payment is charged automatically to the payment method saved at sign-up, on each renewal date.

4. Modification and cancellation

You may at any time, without charge or justification:

  • Change the delivery frequency;
  • Pause your subscription (1 or 2 months);
  • Permanently cancel your subscription.

These actions are available from your customer area, accessible via the link included in each subscription email, or by contacting our customer service at contact@smileaddict.co.

5. Consent

By checking the dedicated box during payment, you confirm that you have read and accepted these subscription terms and conditions.