Terms and conditions
Terms of Sales
LBS MEDICAL - GENERAL CONDITIONS OF SALE
These General Conditions of Sale govern the distance selling of products by LBS MEDICAL, SARL with capital of €45,000, whose head office is 101 Chemin de Ronde 78290 Croissy-sur-Seine, registered with the RCS of Versailles under number B 390182731, intra-community VAT number FR 2639018273100039, whose telephone number is 01 30 15 06 96 and email address firstname.lastname@example.org .
1- 1 - ACCEPTANCE OF THE CONDITIONS
The conditions of sale of the site www.lbs-medical.com accessible exclusively to adults and capable individuals are intended to define the rights and obligations of the company LBS MEDICAL and the customer. These conditions apply to the exclusion of any other conditions, in particular those in force for in-store sales of the same products or for sales intended for professionals.
Any order for a product appearing in the online store of the site www.lbs-medical.com (hereinafter “the Site”) requires consultation and prior acceptance of these General Conditions of Sale. Clicking to accept the General Conditions of Sale on the Site thus implies full acceptance of them. This click has the value of a “digital signature”.
The conditions applicable to any order consist of these General Conditions of Sale, the mandatory provisions of the Consumer Code (articles L.221-5, L.211-2, L.616-1) and any special conditions applicable to the command.
The contract concluded between LBS MEDICAL and the customer is formalized by the order confirmation email. These General Conditions of Sale will prevail over any other condition appearing in any other document, unless otherwise waived, expressly and in writing .
These General Conditions of Sale govern orders placed from the date shown above. For any order placed before this date, the customer must refer to the General Conditions of Sale accessible on durable media in their order confirmation email.
2- 2 - PRODUCTS
LBS MEDICAL markets prevention, monitoring and comfort products in the Medical, Pharmaceutical, Health and Well-being fields. The precise characteristics of the products are indicated in the “Products” pages of the Site. The products remain the property of LBS MEDICAL until the order has been fully collected. Any risk of loss or damage to the goods is transferred to the customer from the moment the customer or a third party designated by him, and other than the carrier proposed by LBS MEDICAL, takes physical possession of these goods.
The products offered comply with current French legislation. LBS MEDICAL cannot be held liable in the event of non-compliance with the legislation of the country of delivery of the product.
3 - PRICE
The prices of the items are indicated in Euros including tax. All orders, whatever their origins, are payable in Euros. The price indicated during order confirmation is the final price. The applicable VAT rate corresponds to French VAT.
For deliveries outside France in the European Union, LBS MEDICAL will be forced to review the VAT rate. The customer will be informed of the applicable VAT rate when ordering. For deliveries outside mainland France and the European Union, the VAT rate may vary. In any case LBS MEDICAL will apply the VAT rate defined by the regulations in force, as well as any additional taxes that may be payable.
Promotions may be offered on the Site.
In accordance with applicable regulations, LBS MEDICAL reserves the right to cancel any order in the event of a display error or proven technical problem which makes the price of the order manifestly low or derisory.
4 - ORDER
Any order is conditional on prior acceptance of these General Conditions of Sale. Acceptance of these General Conditions of Sale as well as the entry of their banking information by the customer constitutes irrevocable acceptance of the conditions of sale and payment, and will validate the customer's order.
It is understood that the data stored in the information system of LBS MEDICAL and/or its partners has probative force and can be produced as proof in relation to orders and the obligations arising therefrom.
In order to place their order, the customer must complete the various fields indicated on the Site. Fields marked with an asterisk are mandatory. In the absence of a response or if the information provided is incorrect, LBS MEDICAL will not be able to process the customer's order.
The data recorded by the payment system constitutes proof of financial transactions. An order confirmation email as well as the order summary will be sent to the customer to the email address provided as soon as the transaction is validated.
The data collected is kept for a period strictly necessary for the management of your account, your order and any warranty that applies to the product purchased.
In the event of an erroneous declaration, in particular when the billing or delivery data is incorrect or impossible to verify, or in the event of suspicion of fraudulent use of means of payment, the order may be suspended for three (3) days from sending an email by LBS MEDICAL to the customer requesting regularization. If at the end of this period, the order is not regularized, LBS MEDICAL may then cancel the order.
LBS MEDICAL cannot then be held responsible for non-performance of the contract, in the event of force majeure, concept as understood by the French Courts.
5 - PAYMENT
The payment methods accepted by LBS MEDICAL are indicated on the payment page.
The customer certifies that he is fully authorized to use the means of payment (credit card or transfer) to pay for the order and that these means of payment allow him to pay the total price of the order.
The agreement given by the customer to payment, formalized by the communication of the elements necessary for the use of the chosen means of payment, is irrevocable and the customer undertakes not to object to payment outside of the cases strictly provided for by the regulations. applicable (in particular loss, theft or fraudulent use of the means of payment).
SOGENACTIF online payment allows payment via a bank server (Société Générale) and is transferred in a completely secure environment to the bank. The data is under no circumstances retained by LBS MEDICAL.
The agreement of the central bank card network triggers the sending of the goods. On the day of online payment, the customer's account is debited for the invoice amount corresponding to the product(s) to be shipped and delivery costs if necessary. In the event of refusal by said payment centers, the order will be automatically canceled and the customer notified by email. Furthermore, LBS MEDICAL reserves the right to refuse any order from a customer with whom there is a dispute.
6 - SHIPPING COSTS
Unless otherwise stated on the Site, shipping costs are free for all orders over 99 euros including tax to be delivered in France. LBS MEDICAL reserves the right to modify the amount of this commercial advantage of which the customer will in any case be aware before confirming his order. Below this amount, a contribution to shipping costs is charged in addition to the price of the products. Unless otherwise stated on the Site or different option chosen by the customer, shipping is done by Colissimo followed 48/72 hours. The amount of delivery costs are indicated when the customer enters the order.
7 - DELIVERY
The products are delivered by Colissimo from Monday to Friday to the address that the customer provided when placing their order. In the event of the customer's absence, a notice is left in their mailbox. The package will then be made available in the post office attached to the customer's home.
It is up to the customer upon receipt of the package to immediately check it and it is advisable in the event of a problem to express reservations to the carrier "La Poste" by registered letter with acknowledgment of receipt within 3 days following receipt of the package. package.
Delivery will take place within the deadlines specified on the Site prior to validation of the order or failing that, no later than thirty (30) days after validation of the order.
In the absence of delivery within the expected deadlines, the customer may terminate the contract, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having requested, according to the same terms, LBS MEDICAL d 'make the delivery or provide the service within a reasonable additional period, the latter has not been carried out within this period.
8 - PROCESSING UNDISTRIBUTED PACKAGES.
These are packages not delivered to the final recipient for the following reasons: NPAI, unclaimed, refused, transport damage, theft, etc.
Returns for NPAI (does not live at the address indicated) or "unclaimed" packages : After receipt of your package by our services, we will contact you by email or by telephone to offer to reship the package corresponding to your order, correcting any errors appearing on the address or the name of the recipients, the shipping costs. re-delivery remaining at your expense. If you refuse to pay the shipping costs again, your order will be canceled and we will refund your order (excluding shipping costs) by transfer or check within 8 days of receipt of your package.
- Returns for “refused” packages : If the package is damaged, torn, opened...you must refuse the package and request a declaration of theft from La Poste or the carrier at the time of refusal, then contact our services to inform us by sending us proof of spoliation. After receipt of your returned package by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer to reship the products initially ordered or exchange products with equivalent characteristics in the event of a shortage. of stock. If you refuse, your order will be refunded by transfer or check within 8 days of receipt of your package.
9 – RIGHT TO RETRACT
Any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity benefits from a right of withdrawal, in accordance with article L221-18 of the Consumer Code.
In accordance with articles L.221-5 and L.221-23 of the Consumer Code, the withdrawal period is 14 days from the day on which the customer or a third party, other than the carrier, designated by him takes physical possession good ; and in the case of an order for several goods delivered separately whose delivery is staggered over a defined period, from the taking of physical possession of the last good sold and shipped by LBS MEDICAL.
Once this period has expired, the customer no longer has this right of withdrawal. When this period expires on a weekend, public holiday or non-working day, it is extended until the next working day.
The customer exercises his right of withdrawal without having to justify his decision or to bear any costs other than the direct costs of returning the goods and the costs of depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and the proper functioning of these assets.
The right of withdrawal is exercised without penalties, including standard delivery costs (i.e. corresponding to the least expensive delivery offered by LBS MEDICAL). Additional delivery costs generated by the choice of a more expensive delivery method than the standard delivery method offered by LBS MEDICAL, however, remain the responsibility of the customer.
The costs of returning the product(s) are the sole responsibility of the customer.
To exercise his right of withdrawal, the customer informs LBS MEDICAL of his decision to withdraw by sending, before the expiration of the aforementioned period, the withdrawal form annexed to these General Conditions of Sale or any other declaration, devoid of ambiguity, expressing his desire to retract to:
- the following email address: email@example.com
- u or to the following postal address: LBS MEDICAL Sales Administration Service 101 chemin de Ronde, 78290 Croissy-sur-Seine.
The burden of proof of the exercise of the right of withdrawal rests on the customer, it is therefore advisable, in the event of sending by post, to send it by Registered Letter with Notice of Receipt.
Upon receipt of the customer's withdrawal request, LBS MEDICAL will send them a confirmation email, accompanied by an agreement/tracking number.
The product must be returned accompanied by the agreement/tracking number no later than 15 days from the date of receipt of the confirmation email from LBS MEDICAL, to the following address:
LBS MEDICAL Sales Administration Service 101 Chemin de Ronde
The products must be returned as a whole, in their complete original packaging. In the event of deterioration of the product, resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the products, the costs of depreciation will be borne by the customer. The amount of this depreciation will then be deducted from the amount of the reimbursement sent to the customer.
- REFUND IN CASE OF EXERCISE OF THE RIGHT OF WITHDRAWAL
Following the exercise of its right of withdrawal by the customer and in accordance with article L.221-25 of the consumer code, LBS MEDICAL will reimburse all payments received from the customer for the purchase of the returned products, including the standard delivery costs no later than 14 days from receipt of your withdrawal request. LBS MEDICAL may defer reimbursement until receipt of the product(s) or until the customer has provided proof of shipment of the product(s), the date retained being that of first of these facts.
LBS MEDICAL will reimburse the customer by transfer or check. In any case, this reimbursement will not cause additional costs for the customer.
As part of exercising his right of withdrawal, the customer can also request the exchange of the product.
- EXCHANGE IN CASE OF EXERCISE OF THE RIGHT OF WITHDRAWAL
In the case of an exchange request not linked to an error by LBS MEDICAL in relation to the order placed, the reshipment will be at the customer's expense. In this case, the item(s) must be returned within a maximum period of 15 days from confirmation of exchange by LBS MEDICAL.
Products returned damaged, soiled or incomplete will not be exchanged.
The exchanged product is delivered to the original delivery address within a maximum of 10 days. Failing this, the customer may terminate the contract, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having ordered, according to the same terms, LBS MEDICAL to make delivery in a reasonable additional time, the latter was not executed within this period.
- EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
• delivery of audio or video recordings or computer software unsealed after delivery;
• the delivery of products which have been made according to the customer's specifications or clearly personalized;
• the supply of products likely to deteriorate or expire quickly;
• the provision of services fully executed by LBS MEDICAL for which the customer accepted at the time of placing his order that LBS MEDICAL begins their execution, and waived his right of withdrawal;
• the supply of digital content (including applications, computer software, digital books, MP3s, etc.) not provided on a physical medium (e.g. on a CD or DVD) if you accepted at the time of placing the contract your order that we begin the supply of it and waive your right of withdrawal.
10 - LBS MEDICAL GUARANTEE AND LEGAL GUARANTEES
All products offered on the Site are eligible for the LBS MEDICAL commercial guarantee.
The LBS MEDICAL guarantee is offered free of charge for any defect or poor workmanship within a specific period from the sale, the duration of which varies depending on the product. The warranty period is 2 years. The commercial guarantee contract is annexed (Appendix 2) to these General Conditions of Sale.
In accordance with current regulations, the consumer customer also benefits from the legal guarantee of conformity and the guarantee against hidden defects attached to the articles sold on the site and which appear in articles L.217-4 to L.217-13 of the Code of Consumption and articles 1641 to 1648 and 2232 of the Civil Code.
It is specified that the guarantees do not apply to normal wear and tear of certain parts or articles nor in the case of professional or collective use, nor to damage caused by causes external to the articles.
In the event of non-conformity of the item(s), the return costs by the customer to LBS MEDICAL are then free or reimbursed.
When acting as a legal guarantee of conformity, the consumer:
* benefits from a period of two years from the delivery of the property to take action;
* can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
* is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the new goods, except for second-hand goods;
* may decide that the legal guarantee of conformity applies independently of the commercial guarantee that the seller may have granted to the consumer;
* may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and in this case, may choose between the cancellation of the sale or a reduction in the sale price in accordance with the Article 1644 of the Civil Code.
The customer can contact LBS MEDICAL Customer Service
- - by post to the following address: LBS MEDICAL 101 Chemin de Ronde 78290 Croissy-sur-Seine France
- - by email to the address firstname.lastname@example.org .
- - by telephone on 01 30 15 06 96 Monday to Friday from 9 a.m. to 5 p.m.
In the event of difficulty, after contacting LBS MEDICAL customer service and in the absence of a satisfactory response, the customer may contact the consumer mediator in accordance with article 15 of these General Conditions of Sale.
In accordance with article L612-1 of the Consumer Code, LBS MEDICAL guarantees the consumer effective recourse to a consumer mediation system.
The mediator's mission is to try, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
After contacting LBS MEDICAL customer service and in the absence of a satisfactory response within 60 days, the customer may contact the E-commerce Mediator whose contact details are as follows:
Sas MEDIATION SOLUTION 222 Chemin de la Bergerie 01 800 Saint-Jean de Niost – France
Tel: 33 (0)4 82 53 93 06
The client, however, remains free to accept or refuse recourse to mediation and may refer the matter to the competent courts.
The customer is also informed that he has the possibility of using the European Online Dispute Resolution (ODR) platform to resolve his dispute: www.ec.europa.eu/consumers/odr/
11 – OWNERSHIP
The site is the property of the company LBS MEDICAL in its entirety, as well as all related rights. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext type links to the site are authorized without specific requests.
12 - PROTECTION OF PERSONAL DATA
Personal data communicated by the customer are processed in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, Directive 95/46/EC on data protection and any associated regulations or instruments, as well as any other applicable laws, regulations, regulatory requirements and codes of conduct relating to the protection of personal data or any other legislation, regulations, rules and codes of conduct which transpose or replace the above ( including Regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and the free movement of data (“GDPR”) applicable from May 25, 2018).
In accordance with the “Informatique et Libertés” law of January 6, 1978 as amended and the GDPR, subject to proof of identity, the customer has a right of access, rectification, erasure, opposition and limitation. the processing of personal data concerning him, as well as the right to data portability and the definition of his directives relating to the management of his data after his death.
You can exercise these rights by mail to the following address: LBS MEDICAL 101 chemin de Ronde 78290 Croissy-sur-Seine or by email to email@example.com .
All obligations and rights attached to the customer's personal data are stipulated in the Confidentiality Policy attached below to these General Conditions of Sale and accepted by the customer when communicating their data or validating their order.
GDPR - Contact form
The personal information collected in the contact form is intended for the exclusive use of LBS MEDICAL and is not disclosed to third parties.
This personal information is intended for the processing of your request for information and is not kept beyond the time necessary for this processing.
You have the right to access, modify, rectify and delete data concerning you (“Informatique et Libertés” Law of January 6, 1978 as amended). For any requests, please contact the contact above.
The law states that we can only store cookies on your device if they are strictly necessary for the operation of the site. For all other types of cookies, your permission is required.
This site does not use any other type of cookies (preference cookies, statistical cookies, marketing cookies, third-party cookies, etc.)
Site usage statistics for content optimization, technical management and security purposes use the IP address of your Internet access. This data is communicated only to our service provider TIRCIS and to LBS MEDICAL. They are kept for one month before being anonymized.
This agreement is subject to French law. The language of the contract is French. Any dispute arising in the context of the application or interpretation of this contract will be submitted to the competent French courts.
In accordance with article 6.2 of Regulation (EC) No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations, this choice does not deprive the consumer residing in the European Union of the protection provided to him by the provisions to which it cannot be waived by agreement under the law of his country of residence.
ANNEX 1: WITHDRAWAL FORM in accordance with article L.221-5 of the Civil Code
I/We* hereby notify you of my/our* withdrawal from the contract relating to the sale of the item(s) below.
Last name First Name :
*Delete where applicable
ANNEX 2: LBS MEDICAL COMMERCIAL GUARANTEE
For products benefiting from the LBS MEDICAL commercial guarantee, if, after inspection, it is recognized that the product has a hidden defect or poor workmanship, we will repair or exchange the product at our expense. This warranty does not cover cases of normal wear and tear, accidental damage, abusive use, improper care, and excludes any claim for compensation for breakage of elements that the customer has inserted into LBS MEDICAL products.
PURPOSE AND TERMS OF THE LBS MEDICAL GUARANTEE :
The LBS MEDICAL guarantee aims to ensure the absence of hidden defects and poor workmanship of the products. It covers the costs related to the repair of the item or its replacement according to the terms of the warranty applicable to your product.
The LBS MEDICAL guarantee is due free of charge for any defect or poor workmanship within a specific period of time from the sale. In the event of immobilization of the property due to the implementation of the guarantee and for more than 7 days, the duration of the guarantee is extended by a period equal to the immobilization.
The LBS MEDICAL guarantee covers all manufacturing or material defects. It only gives rise to repair or replacement of the damaged property and does not give right to any compensation in kind or in cash.
The warranty does not cover misuse, accidental damage or improper care.
This guarantee is offered by the company LBS MEDICAL, whose head office is 101 chemin de Ronde 78290 Croissy-sur-Seine registered with the RCS of Versailles under number B 390182731. You benefit from the legal guarantee of conformity mentioned in articles L. 217 -4 to L. 217-12 of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Article L. 217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1648 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
AUGUST 10, 2022