GENERAL CONDITIONS OF SALE

Preamble/Identity of the seller/Access to professional and commercial rules (if applicable)

The preamble recalls the objective of the general conditions of sale. It also allows to recall where applicable that certain products on sale on the site are subject to special conditions of sale. The preamble also allows to know the professional and commercial rules to which the seller intends to submit where applicable.

These conditions indicate in particular the following information:

• The means of reproduction and archiving of these conditions
• The legal notices of the site
• General conditions of use of the site
• The essential characteristics of the goods offered
• The different steps to follow for the conclusion of the online contract
• Technical means of identifying and correcting errors made during data entry
• Languages ​​offered
• The terms of archiving and access to the contract
• The means of consulting the professional and commercial rules to which the seller intends to submit
• Legal and contractual guarantees
• Delivery times, costs and terms
• Delivery tracking and costs of remote communication techniques
• The price
• Payment methods and security measures
• Details on how to exercise the right of withdrawal,
• The duration of the contract and validity of the price.

  

To see the general conditions of use of the site

 

It is previously specified that these conditions exclusively govern sales, by the site

These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders that you place on this site.

XXXXX is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are taken from the information provided by the supplier. However, XXXXX respects the quality and current manufacturing standards.

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

These general conditions are presented in French.

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

  

Section 1 - The different steps to follow for the conclusion of the online contract

• Order

You make your selection by browsing the pages of our site. Your selections are added to your shopping cart when you click on "Add to cart". At any time during your navigation on our site, you can validate your order by clicking on "Payment".

• Validation of the contract

When you click on "Payment", a confirmation message appears. It summarizes all the products and options selected. On this page, you can either update your basket by modifying quantities and/or deleting one or more items, or continue by checking the box: "I accept the T&Cs" and "Secure payment".

You must check all the information provided in this order form, and in particular all the elements useful for delivery (delivery address, digital code, telephone numbers, etc.). The prior collection of the Internet user's identification elements (first name, last name, email address, bank details, etc.) facilitates the stages of concluding the contract. The customer can therefore save their contact details by checking the box "Save my details for next time".

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

To continue your order, you must finally click on “Continue to payment method” then “Place my order”.

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

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

• Technical means of error identification and correction

You have the right to identify and correct errors made when entering your data at any time. If you become aware of an error after the conclusion of the contract, you must contact us.

 

Section 2 - The terms of archiving and access to the contract

We will archive contracts, purchase orders and invoices on a reliable and durable medium.

You have the right to communicate these documents for orders of an amount greater than or equal to €120.

 

Section 3 - Legal and contractual guarantees

• Legal guarantees

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

We will also reimburse you for the full return costs upon simple presentation of supporting documents. (Photo, video, etc.)

If so, we invite you to read our refund policy.

• Responsibility

We do everything possible to satisfy you. We are responsible for the proper execution of these general conditions. However, our liability cannot be incurred due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable act of a third party to the contract or due to 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 terms

We will deliver the products to you at the address specified in the order form.

• delivery time

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

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

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

• Shipping costs

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

• Delivery tracking

You can contact us by email for 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 - The Price

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

If you request delivery outside of 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 inquire with the competent authorities of your country. You must also check the possibilities of importing or using the products you order from us in the destination country.

 

Section 6 - Payment methods and means of security

We only collect your payment at the time of shipment. You can therefore freely cancel your order as long as it has not been handed over to our carrier for shipment. As soon as your order is handed over for shipment, an email will inform you that we are going to collect your payment.

However, it may sometimes happen that the payment is collected upon conclusion of the contract.

• Payment methods

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

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

Payment is made on the secure banking servers of our STRIPE partners. This means that no banking information about you is transmitted via our site.

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

Please note that due to our bank being located overseas, as well as the payment processing services we use, bank debit fees may apply.

These costs can be of two types:

1. Bank debit fees from 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 currency conversion fees. These fees are independent of our company and are managed by Stripe.

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

-Either 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 via our site are subject to a security system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers.

 

Section 7 - Satisfied or refunded: terms of exercising the right of withdrawal

In accordance with legal provisions, within 14 days of receiving your product, you can exercise your right of withdrawal. You do not have to provide reasons or pay a penalty. With the exception of return costs, which remain your responsibility, we will reimburse you for the full amount paid no later than 30 days following your withdrawal. On our proposal, you can also opt for another method of reimbursement.

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

 

Section 6 - Duration of the contract and validity of the price.

The products remain the full property of Addict smile  until full payment of the price by PayPal or Stripe.

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

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

 

Section 7 - Applicable legislation/Competent jurisdiction

These conditions are subject to French law.

In the event of a dispute on the merits or form, the French courts will have sole jurisdiction.

 

Section 8 - Contact Us/After-Sales Service

If you wish to contact us, our customer service is at your disposal via the "Contact us" page.

 

Section 9 - Personal Information

We collect your personal information to manage your orders and monitor our commercial relations.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose any personal data concerning you. Simply write to us online at Customer Service, indicating your surname, 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.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L211-5

To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

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

- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular 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 attention of the seller and which the latter has accepted.

Article L211-6

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 L211-7

Any lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

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

Article L211-8

The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.

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 not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L211-10

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

The same faculty is open to him:

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

2° Or if this solution cannot be achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.

However, the sale cannot be cancelled 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 without any cost to the buyer.

These same provisions do not prevent the allocation of damages.

Article L211-12

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L211-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.

Article L211-14

The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.

 

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

Article 1641

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1642

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

Article 1642-1

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

There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.

Article 1643

He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644

In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts.

Article 1645

If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.

Article 1646

If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.

Article 1646-1

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

These guarantees benefit the successive owners of the building.

There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.

Article 1647

If the thing which 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 compensation explained in the two preceding articles.

But the loss occurring by fortuitous event will be for the account of the buyer.

Article 1648

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

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

Article 1649

It does not take place in sales made by authority of justice.