General terms and conditions

TERMS AND CONDITIONS OF SALE

For the purposes of these general terms and conditions of sale, the term “Vendor” refers to CELLULA PHARM, a simplified joint stock company with capital of 25,000 euros, registered with the Grasse Trade and Companies Registry under number 938 512 100, whose registered office is located at 230, route des Dolines - 06560 VALBONNE, FRANCE . and the term “Customer” refers to any non-professional purchaser making a purchase on this website (hereinafter the “Site”). For the purposes hereof, it is agreed that the Customer and CELLULA PHARM will be collectively referred to as the “Parties” and individually as the “Party”. The Customer declares that he/she is of legal age or has parental authorization and that he/she has the legal capacity to enter into a contract enabling him/her to place an order on the Site. It is specified that the products for sale on the Site (hereinafter the “Products”) are reserved for private individuals and are intended for the Customer's personal use, without any connection with the Customer's professional use. Any order for a Product offered on the Site implies the Customer's acceptance of the present terms and conditions of sale. The Seller can be reached on the contact form.

ARTICLE 1: SCOPE OF APPLICATION OF GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply, without restriction or reservation, to sales of Product(s), between the Seller and the Customer, online from the Site.

The General Terms and Conditions of Sale apply to the exclusion of all other conditions. The General Terms and Conditions of Sale are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document. CELLULA PHARM reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Site. The General Terms and Conditions of Sale applicable are those in effect on the date the order is placed. In the absence of proof to the contrary, the data recorded by the Vendor constitutes proof of all transactions.

ARTICLE 2: PRODUCTS

Only the Products listed on the Site on the day of its consultation by the Customer are offered for sale. Product offers and prices are valid, within the limits of available stocks, as long as they are visible on the Site. The Customer is invited to consult the description of each Product to find out its characteristics. The Products comply with the standards applicable to them. In accordance with Article L.111-1 of the French Consumer Code, the Customer may, prior to placing an order, acquaint himself/herself on the Site with the essential characteristics of the Product(s) he/she wishes to acquire by clicking on the Product, it being specified that the Products are described as accurately as possible.

ARTICLE 3: CUSTOMER ACCEPTANCE

The validation of the order by the Customer implies acceptance without restriction or reservation of the present Terms and Conditions of Sale. With this validation, the Customer expressly acknowledges that the present General Terms and Conditions of Sale are enforceable against him/her, and waives the right to invoke any contradictory document, which would be unenforceable against the Vendor. The Customer also acknowledges that he has been fully informed that his agreement to the content of the General Terms and Conditions of Sale does not require a handwritten signature of this document, as the sale is made electronically. The Vendor wishes to point out that, in application of article 1146 of the French Civil Code, non-emancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by a person exercising parental authority over them and who is capable of contracting. Consequently, if an order is placed without having this required legal capacity, the legal guardians (parents, tutors...) will assume full responsibility for this order and will have to honor the price.

ARTICLE 4: ORDER CONFIRMATION

Any order for Product(s) will be subject to confirmation. Confirmation of the order will take the form of an electronic message. Confirmation is subject to the following two conditions: full receipt of the price of the Products ordered. Validation of the order by the Vendor. In the absence of validation within 72 hours, the full price of the order will be returned to the Customer. It is however specified that orders placed on the Site on Fridays after 5:00 pm, on Saturdays, Sundays or public holidays, are processed on the next working day.

ARTICLE 5: PRICES

The Products offered by the Vendor are sold at the prices in force when the order is registered by the Vendor, as shown on the Site. Prices are expressed in euros (€) and include all taxes. Prices include VAT applicable on the date of the order. Prices do not include delivery, packaging and order processing costs, which are invoiced in addition and indicated before the order is validated. Prices are firm and non-revisable during their period of validity, as shown on the Site. An invoice is issued by the Vendor and given to the Customer at the latest upon delivery of the Products ordered. The price depends on the Products ordered by the Customer. The Customer acknowledges that the price of each Product has been clearly indicated on the Website before placing the order.

ARTICLE 6: ORDERING

In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer acknowledges that, prior to placing an order, he/she is aware on the Site:

• the various steps to be followed in order to conclude the contract with the Vendor; the technical means enabling him/her, prior to the conclusion of the contract, to identify any errors made in data entry and to correct them;
• the language proposed for the conclusion of the contract;
• in the event that the contract is archived, the terms and conditions of such archiving by the Vendor and the conditions of access to the archived contract;
• the means of electronically consulting the professional and commercial rules to which the author of the offer intends, where applicable, to submit.

1. The Customer selects on the Site the Products he/she wishes to order.
2. In accordance with the provisions of article 1127-2 of the Civil Code, the Customer acknowledges that he/she has been given the opportunity to check the details of his/her order and its total price, and to correct any errors, before confirming them to express his/her acceptance.
3. The Vendor acknowledges receipt without undue delay and by electronic means of the order sent to him by the Customer.
4. The order is the subject of an e-mail confirming the contractual information relating to the Customer's order.
5. The sale of the Products will be considered final after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail and after full payment of the price of the Products by the Customer.
6. Any order is concluded firm and non-cancellable, subject to the provisions of article 10 (withdrawal period).

ARTICLE 7: PAYMENT

The price is payable, exclusively in euros, in cash, in full on the day the order is placed by the Customer, according to the terms specified in article 5 above. Unless the server is unavailable, the Customer may choose between the following methods of payment when validating the order: credit card, Apple Pay, bank transfer, cheque or Paypal. In the case of payment by credit card, as described on the payment module, the Customer must enter the card number, expiry date, cardholder's name and visual cryptogram. Any charges levied by the customer's bank remain at the customer's expense, even in the event of a refund. Online payment by credit card is secured by Société Générale. The Société Générale website guarantees a secure connection and encryption of the customer's confidential data. The customer can verify this security by the presence of https:// and a padlock image in the address bar. As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by the Vendor for the sole purpose of verifying the Customer's identity, the validity of the order, the method of payment used and the intended delivery. The Vendor takes all necessary steps to ensure a high level of security for the personal information entrusted to the Vendor by the Customer when placing an order. However, it is also the Customer's responsibility to be very vigilant, for example by not communicating his/her login and/or password. In the event of fraudulent use of this information, the Vendor cannot be held responsible. The use of the Customer's login and/or password shall constitute proof of identity. The final validation of the order and the provision of the credit card number and its cryptogram will be considered as proof of acceptance of the said order and therefore, due payment of the sums committed to the latter.

The computerized registers, kept in the computer systems of the Vendor or its service providers, will be considered as proof of the order and the resulting payments. The Customer acknowledges having read the General Terms and Conditions of Sale of the secure payment service and undertakes to comply with them. In addition, the Customer acknowledges that he/she is aware of the following points and agrees to abide by them without restriction: All payment orders must be placed before 5:00 p.m. (local time in the country in which the account is registered) on a working day for the order to be taken into account on the same day. Otherwise, the effective date will be the next working day. At no time may the sums paid be considered as deposits, as the sales contract is binding. Payments made by the Customer will not be considered final until the Seller has received the sums due. The Vendor shall not be obliged to proceed with the supply of Products ordered by the Customer if the price has not previously been paid to the Vendor in full under the aforementioned conditions.

ARTICLE 8: DELIVERY TIME FOR PRODUCTS, DELIVERY ZONES AND RECEIPT OF PRODUCTS

8.1 DELIVERY TIME

The Products ordered by the Customer will be shipped within 4 working days following the order confirmation sent electronically by the Vendor. The Customer may monitor the status of his order by calling the following number: 04 92 93 22 14 (price of a local call). Orders placed on the Site on Fridays after 5:00 p.m., Saturdays or Sundays are processed on the following Monday. Orders placed on the Site on a public holiday other than Friday, Saturday or Sunday will also be processed on the next working day. The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the times specified above. However, these times are given as an indication only. If the Products ordered have not been delivered within 72 hours of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction. Products ordered, available and paid for will be delivered to the address indicated as the delivery address on the order, using one of the following methods: Colissimo (home delivery) or Colissimo (relay point delivery). The Vendor cannot be held responsible for any error made by the Customer when placing an order, or for any consequences arising therefrom (delay, delivery error, non-delivery, etc.). Orders returned to the Vendor's warehouse as undelivered due to absence or incorrect address will not be reimbursed. In the event of return to the Vendor's warehouse, the order will be kept for one (1) month, with the possibility for the Customer to request a new shipment, at his own expense. After this period, the order is deemed to have been abandoned in favor of CELLULA PHARM.

8.2 INFORMATION ON DELIVERY ZONES

Products available on the e-commerce site can be delivered to Metropolitan France and the following countries:

• Germany
• Andorra,
• Austria,
• Belgium,
• Bulgaria,
• Brazil,
• Canada,
• China,
• Cyprus,
• South Korea,
• Croatia,
• Denmark,
• Spain,
• Estonia,
• United States,
• Finland,
• Greece,
• Guadeloupe,
• French Guiana,
• Hungary,
• Ireland,
• Iceland,
• Italy,
• Reunion,
• Latvia
• Lithuania
• Luxembourg
• Malta
• Martinique
• Mayotte
• Monaco
• Norway
• New- Caledonia
• Netherlands
• Poland
• French Polynesia
• Portugal
• Czech Republic
• Romania
• United Kingdom Uni
• Saint Pierre-et-Miquelon
• Singapore
• Slovakia
• Slovenia
• Sweden
• Switzerland
• Taiwan
• Thailand
• Vietnam

Shipping costs vary according to delivery country. To find out the cost of delivery, add the product to your basket and fill in the information requested in the “Estimate delivery” section. Occasional offers of free shipping only apply to deliveries within metropolitan France.

8.3 RECEPTION OF PRODUCTS

If the Customer notes any anomalies on the delivered package (open, damaged package ... ), it is imperative that they notify CELLULA PHARM's consumer service

• by ordinary mail, by writing to the following address:

CELLULA PHARM - Service Qualité Consommateurs - 230, Route des Dolines - 06560 Valbonne

• by e-mail under the heading “Contact” on the www.cellula-pharm.com website,
• or by telephone on 04 92 93 22 14 (price of a local call) from Monday to Friday, 9am to 5pm.

This notification must be made within fourteen (14) working days of receipt of the parcel, indicating the Customer's name, postal address, email address, order number and date, the reference of the product ordered, the quantity and the precise reason for the complaint. If the Customer finds that the product itself is damaged, he/she must notify the Vendor by e-mail and then return it to the Vendor within fourteen (14) working days of receipt with its original packaging, placed in a blank cardboard box, indicating his/her name, postal address, e-mail, order number and date, the reference number of the product ordered, the quantity and the precise reason for the complaint. The product in question will be reimbursed within thirty (30) days of receipt by the Vendor, after any necessary checks have been carried out. No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines. In the absence of reservations or claims expressly made by the Customer upon receipt of the Products, the latter will be deemed to conform to the order, in quantity and quality. The above commercial warranty applies independently of the legal warranties of conformity and latent defects referred to in article 11 of these General Terms and Conditions of Sale.

ARTICLE 9: AVAILABILITY OF SERVICES ORDERED

The Seller indicates on the Site cellula-pharm.com in a clear and legible manner, at the latest at the beginning of the ordering process, the means of payment accepted by the Seller and any delivery restrictions. The Customer is informed of the availability of the Products when the order is placed. In the event of the Vendor's failure to perform the contract due to the unavailability of the service ordered, the Customer will be informed of this unavailability. The Customer may (i) be reimbursed as soon as possible and at the latest within thirty (30) days of payment of the sums paid, such sums bearing interest at the legal rate thereafter, or (ii) accept, in the event of an order for several products, delivery of the available products and renew your order for the product concerned when it becomes available again, or (iii) receive, after agreement with the Vendor, a service of equivalent quality and price.

ARTICLE 10: RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.

10. 1 EXERCISE OF THE RIGHT OF WITHDRAWAL:

To exercise the right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous statement, either:

• A letter sent by post to Cellula-Pharm - Service E-Commerce - 230 Route des Dolines - 06560 Valbonne ;
• An e-mail via our contact form (link)

For the withdrawal period to be respected, it is sufficient for the Customer to transmit the communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period. The Customer must bear the direct costs of returning the goods.

10.2 CONSEQUENCES OF THE RIGHT OF WITHDRAWAL:

The Customer must return the Product(s) ordered to the following address:

LUXROUTAGE - 18, rue Louis Rossel - 57050 METZ

without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw from this contract. This deadline is deemed to have been met if the Customer returns the goods before the fourteen-day period has expired. In the event of the Customer's withdrawal from the present contract, the Vendor will reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by the Vendor) without undue delay and, in any event, no later than fourteen days from the day on which the Vendor is informed of the Customer's decision to withdraw from the present contract. The Vendor will make the refund using the same means of payment that the Customer used for the initial transaction, unless both parties expressly agree to a different method. In any event, this refund will not incur any costs for the Customer. The Vendor may defer reimbursement until it has received the goods or until the Customer has provided proof of shipment of the goods, whichever comes first. The Customer is only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

10.3 EXCEPTION TO THE RIGHT OF WITHDRAWAL:

The exercise of the right of withdrawal is excluded for contracts for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

ARTICLE 11: SELLER'S LIABILITY

The Seller is fully liable to the Customer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are to be performed by the Seller or by other service vendors, without prejudice to its right of recourse against the latter. The Vendor provides email support throughout the contract period. Any request for support will be answered within 48 hours. Support will be available, by telephone on 04 92 93 22 14 (price of a local call) and/or e-mail from Monday to Friday, from 09:00 to 18:00.

ARTICLE 11.1: LEGAL WARRANTY OF CONFORMITY

According to article L.217-4 of the French Consumer Code, the Vendor is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. According to Article L.217-5 of the French Consumer Code, to be in conformity with the contract, the goods must:

• 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 latter has presented to the Customer 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, by the producer or by his representative, particularly in advertising or labelling;
• Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the Customer, brought to the seller's attention and accepted by the latter. In accordance with article L.227-12 of the French Consumer Code, any action resulting from a lack of conformity is time-barred two years after delivery of the goods.

ARTICLE 11.2: LEGAL WARRANTY FOR HIDDEN DEFECTS

Article 1641 of the French Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use, that the Customer would not have acquired it, or would only have given a lesser price, had he known of them. “Article 1648 paragraph 1 of the French Civil Code: ”The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. Any inappropriate use of the Products automatically excludes the application of the warranty."

ARTICLE 12: PERSONAL DATA PROTECTION

In application of law 78-17 of January 6, 1978, amended by law no. 2018-493 of June 20, 2018, and of European regulations on personal data, it is recalled that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular. This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Site complies with legal requirements concerning the protection of personal data. In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of information concerning them. This right may be exercised under the terms and conditions defined in the Site's privacy policy.

ARTICLE 13: COMMENTS, CRITICISMS, COMMUNICATIONS AND OTHER CONTENT

Users of this Site may send us criticisms, comments or any other content, submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing intellectual property rights, or injurious to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of “spam”. The content must relate solely to the product concerned. Users of this Site must not use a false e-mail address, impersonate any person or entity, or lie about the origin of content. We reserve the right, at our sole discretion, to remove or modify any content.

ARTICLE 14: COOKIES

Cookies are small text files that visited sites send to you and store on your computer or mobile device, and which will be sent back to the same sites on each new visit. Thanks to these cookies, the site remembers Your actions and preferences (e.g. login data, preferred language, font size, other display settings, etc.) so that you don't need to specify them again when you return to the site or consult another page on the same site.

Cookies are used for electronic authentication, session tracking and storing information about the activities of users visiting the Site. They may also contain a unique identifier enabling a system to track your browsing activities on the Site, for statistical or advertising purposes. When you visit a site, you may also receive cookies on your computer or mobile device from other sites or servers (third-party cookies). Certain operations may be impossible to perform without the use of cookies, which are sometimes technically necessary for the proper functioning of the Site.

There are different types of cookies depending on their characteristics and functions, which vary in the length of time they are stored on your computer or mobile device. Session cookies are automatically deleted when you close the browser, while persistent cookies remain on your device until a pre-programmed expiry date.

Personal Data Regulations do not always require Your consent for the use of cookies. For example, such consent is not required for “technical cookies”. These cookies are used exclusively to transmit messages over an electronic communications network, or to provide a service specifically requested by the user. In other words, these cookies are essential for the operation of the Site or for the performance of the activities you request.

Technical cookies that do not require your express consent also include, for the French Personal Data protection authority:

Technical cookies that do not require your express consent also include, for the French personal data protection authority:

• “analytical cookies” used directly by the site manager to collect information, in aggregate form, about the number of users and how they visit the site;
• browsing or session cookies (for logging in);
• functional cookies, which enable you to visit a site according to a selected set of criteria (such as language, products selected with a view to purchase) and which are intended to improve the service provided.

On the contrary, “profiling cookies”, which are used to create user profiles as well as to send advertising messages corresponding to the preferences you have indicated while browsing the network, require Your specific consent.

ARTICLE 15: INTELLECTUAL PROPERTY

The content of the Site is the property of the Seller and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright. In addition, the Vendor retains all intellectual property rights on studies, formulas, drawings, models, prototypes, trademarks, logos, etc., relating to the Products. The Customer shall therefore refrain from reproducing or exploiting said studies, formulas, drawings, models, trademarks, logos, prototypes, etc., without the express, written authorization of the Vendor, without the express, written and prior authorization of the Seller, which may be conditional upon financial consideration.

ARTICLE 16: FORCE MAJEURE

Any event of force majeure making it impossible for either party to continue to perform its obligations, and which lasts for at least thirty (30) calendar days, will automatically result in the termination of this contract by operation of law.

ARTICLE 17: APPLICABLE LAW - LANGUAGE

By express agreement between the parties, the General Terms and Conditions of Sale are governed by and subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 18: DISPUTES

All disputes to which the General Terms and Conditions of Sale may give rise shall be submitted to the competent courts under the conditions of common law. The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.