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Conditions of Use
Article 1 : INTRODUCTION
1.1 - The shop
The online shop of the website "boutique-sante-voyage.fr" was set on by its owner Visa pour le Monde. Every order approved by the consumer within the "boutique-sante-voyage.fr" shop area implies a prior agreement of the general terms of sale.
1.2 - Order validity
The consumer acknowledges being totally informed about the fact that his agreement, as regard of the content of the hereby general terms of sale, does not require a hand-written signature, as the consumer orders the products online. The consumer declares being liable enough to commit himself to the general terms of sale.
1.3 - Enforcement of the general terms of sale
The consumer can save or edit the hereby general terms of sale, but must bear in mind that both actions are binding upon his own liability, as the hereby terms could be modified by Boutique Santé Voyage®. The applicable terms will be those in force on the website at the time when the consumer validated his order.
1.4 - Contract informations
The online shop set up by Visa pour le Monde within the scope of its website mentions the following informations:
- legal account allowing an accurate identification of Boutique Santé Voyage®
- essential characteristics of the presented goods
- quotation in euros (inclusive of tax) of prices and, if need be, participation to shipping costs of the goods
- quotation of means of payment, delivery or carry out
- mention of the right to renege
- mention of the offer length of validity
1.5 - Common commitments
These general terms of sale express the entire commitments and rights of both sides. Consequently, the consumer is reputed of having entirely agreed the whole stipulations of the hereby conditions. Boutique Santé Voyage® commits itself to play its part as a retailer within the scope of the same terms of sale.
Article 2 : GENERAL POINTS
2.1 - Object and enforcement of the general terms of sale
The hereby general terms of sale aim at define rights and commitments of both parties within the scope of online sale of products and services from Boutique Santé Voyage® to the consumer.
2.2 - Contract information
The hereby contract is based on the following contract documents, displayed in hierarchical increasing order:
- the hereby general terms of sale
- the order slip
2.3 - Enforcement time
The hereby general terms of sale become effective when the customer sign the order slip. These general terms of sale are effective within the necessary time for supply of ordered goods and services, till termination of the guarantees.
2.4 - Electronic signature validity
In accordance with the French law of March, 13th 2000 about electronic signature, an order slip signed by the consumer with a "double click" is an irrevocable agreement which can only be reconsidered in limited cases allowed in the hereby general terms of sale, such as the "right to renege" and the "stock out". The "double click", along with a procedure of authentification, non-rejection and protection of messages integrity, account for an electronic signature. This electronic signature stands for a hand written one between the two parties.
2.5 - Transaction evidences
Computerized registers are conserved in the computer systems of Boutique Santé Voyage® in reasonable conditions of security, and will account for evidences of any communication, order and payment between the two parties. Filing of order slips and bills will be carried out permanently and trustfully in order to stand for evidence in a legal context.
Article 3 : Products
3.1 - Information
Boutique Santé Voyage® displays on its website products to sell along with their detailed description, in order to enforce article L 111-1 of the "Code de la Consommation" (Consumption Code), which allows the potential consumer to be aware of the essential characteristics of products he may buy before the final order.
3.2 - Prices / VAT
Prices on the website are displayed in euros inclusive of tax. They are in effect when the consumer validates his order and do not include shipping costs, which are extra charged and mentioned in the final validation of the order. Prices are subjected to the French VAT; if any change in the legal rate of this VAT occurs, prices of products available on the Boutique Santé Voyage® website will be updated from the date of enforcement.
3.3 - Availability
Availability time is quoted on detailed product folders posted on the Boutique Santé Voyage ® website and reported on consumer's order slip. As informations about products availability come from suppliers and / or manufacturers, Boutique Santé Voyage® will not be made responsible for potential definitive unavailability or delay in availability time; furthermore, such incidents will not give rise to damages for the consumer.
3.4 - Offers validity
Offers displayed on the Boutique Santé Voyage ® website are valuable within open stock limits. Boutique Santé Voyage® reserves the right to modify products selection, prices and availability according to providers/manufacturers' confines, and commits itself to inform customers about any change.
3.5 - Offers conformity
Offers displayed on the Boutique Santé Voyage® website comply with the French statute law in effect and with French legal requirements. Pictures, texts, graphics, information or characteristics duplicated to illustrate displayed products are not conform to the said products. Boutique Santé Voyage® cannot thus be blamed in case of potential mistake or omission in one of those, or in case of significant change in the said characteristics carried out by either providers or manufacturers.
3.6 - Mutual commitments
3.6a - of the consumer
Total or partial impossibility to use the products, notably because of equipment inconsistency, will not give raise to any compensation, refund or legal action to place the responsibility on Boutique Santé Voyage®: only the consumer can evaluate compatibility between his own products and those ordered on the Boutique Santé Voyage® website.
3.6b - of the retailer
In case of delay in availability time, Boutique Santé Voyage® commits itself to inform the consumer about the new availability time in effect from either providers or manufacturers. In case of extended unavailability of any product, Boutique Santé Voyage® will offer either to replace or refund the missing item.
3.7 - Transfer property
Boutique Santé Voyage® keeps freehold of sold items till full payment by the consumer of the order, inclusive of taxes and shipping costs. Boutique Santé Voyage ® will not take charge of transfer property for a good bought on its website by a customer for a third person. The original purchaser of the said good is the only person who can claim for the benefits and conditions of the hereby general terms of sale.
Article 4 : THE ORDER
4.1 - Confirmation
Contractual information will be confirmed by e-mail. Some orders may be checked out by the Boutique Santé Voyage® checkout department: in this case, final confirmation will require further documents, and a list of those documents will be send to the consumer by e mail. Boutique Santé Voyage® reserves the right to cancel the order if the documents are not send in time or if they do not satisfy the requirements.
4.2 - Consumers' personal informations
Orders paid by check, transfer payment or money order will only be carried out at reception of the mean of payment. Availability and shipping times will thus need to be calculated from the date of registration of the mean of payment. The consumer must checkout the sufficiency and conformity of his delivery address: Boutique Santé Voyage® will not be made responsible neither for typing mistake nor potential consequences such as delivery delay and/or mistake. In that case, all extra shipping costs to send the package back will be charged to the consumer.
4.3 - Carrying out the order
The consumer will be warned by e-mail as soon as his order is carried out. The order is carried out by 30 days at the latest since final validation by Boutique Santé Voyage® (reception of mean of payment and checkout procedure done).
4.4 - Order non-performance
Boutique Santé Voyage® will not be made responsible in case of non-performance of the contract for the following reasons:
- stockout or unavailability of the ordered product
- in case of force majeure
- disturbance
- total or partial strike of carriers or postal services
- flooding
- fire
4.5 - Mutual commitments
4.5a - of the consumer
In the absence of sufficiency and conformity of personal information provided by the consumer at the time of his order, Boutique Santé Voyage® will not be made responsible of potential typing mistakes and of the potential consequences following from them, such as delivery mistakes or delays: in this case, all extra shipping costs will be charged to the consumer. In case of order checkout, the consumer will have to send to Boutique Santé Voyage®, by fax (+33(0) 5 62 30 25 31) or by e-mail, readable copies of his ID and of a document justifying of his home address. Order will be carried out after reception and checkout of those documents. In the absence of those documents within the 15 day period following validation of the order by the consumer, Boutique Santé Voyage® reserves the right to cancel the said order.
4.5b - of the retailer
Boutique Santé Voyage® commits itself to inform the consumer about any change concerning his order (changes in prices, delivery time, product characteristics…): the consumer will thus be able either to cancel or modify his order.
4.6 - Participation to shipping costs
Boutique Santé Voyage® reserves the right to charge the consumer with shipping costs if a defined total sum for an order is not reached. Required participation will be clearly mentioned on the Boutique santé Voyage® website and will vary in accordance with package weight and order threshold. Total will be mentioned on the website when validating the order.
4.7 - Warning and Advice
Boutique Santé Voyage® strongly advises the consumer to keep paper trail or save on his computer documents testifying of his order till the latter had been carried out, or even till the end of guarantee period of the products delivered by Boutique Santé Voyage®.
Article 5 : PAYMENT
5.1 - Validation of means of payment
Checks are cashed at validation of the order by the consumer. Payments through credit card, Paypal, money order and transfer payment are cashed at validation of the order by the consumer, exclusive of specific and/or punctual payment offers displayed within the scope of the Boutique Santé Voyage® website.
5.2 - Means of payment
The consumer disposes of the whole means of payment suggested when he validates his order: credit card, Paypal, money order, check or transfer payment. If you paid by check, your bank account must be domiciled in France. Each order paid by check or money order will only be carried out at reception of the payment. Delivery time will thus have to be calculated from date of registration of the payment.
5.3 - Payment wholeness
Payment wholeness must be carried out when ordering, except in case of specific offer displayed on the website boutique-sante-voyage.fr None of the charged sums will be regarded as deposits. Boutique Santé Voyage® reserves the right to refuse to carry out an order from a consumer who have not settle (totally or partially) a previous order, or if there is a litigation between the said customer and Boutique Santé Voyage®.
5.4 - Mutual commitments
5.4a - of the consumer
The consumer guarantees to Boutique Santé Voyage® that he has the required authorizations to use the mean of payment he chooses to settle his order.
5.4b - of the retailer
Boutique Santé Voyage® reserves the right to suspend all operations or delivery if the financial organizations refuse to allow the payment. However, the consumer must bear in mind that Boutique Santé Voyage® will not be made responsible of a potential fraudulent use of his mean of payment which would not have been discovered during the checkout procedure.
5.5 - Warning and Advice
Boutique Santé Voyage® strongly advises the consumer to ensure solvency of his payment BEFORE validation of his order on the website. Boutique Santé Voyage® reminds to all consumers that payment through credit card pass through a secured system: none of the credit card numbers are registered in our files.
Article 6 : DELIVERY
6.1 - General points
An order is viewed as in full and final settlement when the whole ordered products is shipped and the consumer has totally settled his order (products payment + participation to shipping costs)
6.2 - Modalities
Products will be shipped to the address mentioned by the consumer on the order slip. Boutique Santé Voyage® reminds to the consumer that he must make sure to mention the right and useful information to perform delivery.
6.3 - General reservations
The consumer has a legal and contractual duty to checkout condition and contents of his package when he gets delivered, in the presence of the deliverer. Any anomaly about the package or its contents (damages, missing product, damaged package, broken products…) must be reported on the delivery slip of the carrier as "hand written, detailed, definite and dated reservations", validated with the consumer's signature. In parallel, the consumer must report this anomaly to the carrier within the 2 (two)-day period following the delivery through registered mail with delivery slip mentioning in details the said anomalies. The consumer also need to send to Boutique Santé Voyage®, within the same period, a copy of this mail along with, if need be, the "plundering official report" or the "anomaly report" obtained from the carrier at:
Boutique Santé Voyage/VPLM - BP 81332 - 31013 Toulouse Cedex 06 Caution: all complaints sent behind the 2-day limits will be definitely rejected with no possible appeal.6.4 - General commitments
6.4a - of the consumer
The consumer or the person who acknowledges receipt of the delivery on his behalf must make sure that the package contents is in conformity with the order in the presence of the deliverer.
6.4b - of the retailer
Boutique Santé Voyage® will perform all the required efforts to regularize the consumer's situation if the latter carried out the necessary move in case of anomaly when getting delivered. Boutique Santé Voyage ® will not be made responsible for potential delivery delay, particularly in cases of mistake due to the consumer, upheavals due to the carrier (total or partial strike of logistics and/or postal services and/or mode of transportation)
6.5 - Delivery time
In case of delay in deliveries performed by Coliposte within the 8 day period following the sending date mentioned in the "dispatch notice" e mail, the consumer is advised to go to the nearest post office in order to checkout whether his package is in process or not: if not, the consumer must report the delay to Boutique Santé Voyage® by e mail. Boutique Santé Voyage® will thus carry out an investigation from the Post office: this investigation may take up to 21 working days after the setting-up date. If the product were found within this period, it would be sent back to the consumer without delay. On the other hand, if the product is not found within the said period, the Post office will regard the package as lost: in this case, Boutique Santé Voyage® will replace the lost product with no extra costs for the consumer. If the ordered product is unavailable, the consumer may get refund if he provides the official report of loss validated by the carrier. In case of delay in deliveries performed by Chronopost within the 10 day period following the sending date mentioned in the "dispatch notice" e mail, the consumer is advised to report the delay to Boutique Santé Voyage® by e mail. Boutique Santé Voyage® will carry out an investigation from the carrier to localize the package: if the package is found, it will be send back to the consumer without delay; if not, Boutique Santé Voyage® will send back the ordered product to the consumer after getting the official report of loss from the carrier. If the ordered product is not available, the consumer may get refunded in accordance with modalities of the hereby general terms of sale.
6.6 - Anomaly/Plundering
When delivery is performed by La Poste, if the package is open and/or damaged (generally with a yellow scotch-tape on it) and if the consumer acknowledges reception of it with "hand written" reservations, the consumer must obtain an "anomaly report" from his postman or from the nearest post office. He must then send the form to Boutique Santé Voyage®, the latter will thus be able to start an investigation, and if need be, launch a legal action in damages. If the consumer refuses to acknowledge reception of the damaged package, he must, along with the "hand written reservations", ask the carrier to send the package back to Boutique Santé Voyage® along with a "plundering official report" (report n° 170) he previously copied (in order to keep paper trail of the incident). When delivery is performed by Chronopost, all damaged and/or open packages (generally with a yellow scotch-tape on it), accepted or not by the consumer, must be subjected to "hand written reservations". Those will have to be mentioned on the deliverer slip, and the consumer will have to report the incident to the carrier and to Boutique Santé Voyage® within the 2 working day period following the delivery. Some carriers will perform home checkout to certify the condition of the package before taking away and, if need be, sending back to the after sales service of Boutique Santé Voyage® along with an incident report.
6.7 - Warning/Advice
In the resolution of potential litigation between the carrier and the consumer, damages and anomalies will be taken into account only if they are mentioned in the "hand written reservations". Boutique Santé Voyage® strongly recommends to the consumer to conserve wrapping and upper wrapping materials till complete resolution of the problem. A breach of trust may lead to rejection of claims by the carrier.
Article 7 : PACKAGE RECEIPT
7.1 - Modalities
The consumer must report to Boutique Santé Voyage® any claims for delivery mistakes and/or products non-conformity with indications of the order slip within the 2-day period following date of reception of the package. All claims reported after this period will be rejected with no possible appeal for the consumer.
7.2 - Delivery mistakes
If the consumer received a package destined to someone else, he must keep it in condition and report the incident to the Customer department of Boutique Santé Voyage ®:
- by e mail
- by phone at +33 (0)975 850 775 on : Mondays 2:30pm / 6:30pm (local time) Tuesdays to Fridays 10:00 am / 1:00pm - 2:30pm / 6:30pm (local time) Except on French bank holiday
7.3 - Non-conformity
In case of non-conformity of the product, the consumer may claim by the Boutique Santé Voyage® Customer Department by e mail or by simple mail sent at:
Boutique Santé Voyage/VPLM - BP 81332 - 31013 Toulouse Cedex 06 The consumer will describe precisely the reasonable ground justifying the non-conformity.7.4 - Mutual commitments
7.4a - of the consumer
All claims derogating from the rules quoted above and/or carried out behind the defined time limit will not be taken into account and will free Boutique Santé Voyage® from any duty in respect to the consumer.
7.4b - of the retailer
Boutique Santé Voyage® will perform the required efforts to deal with the consumer's problem without delay. If claims are carried out in time, and if a mistake has been done in our departments, Boutique Santé Voyage® commits itself to send the products back to the consumer by a mode of transportation of his own choice.
7.5 - Warning and Advice
The consumer must bear in mind that documents in relation with the package may be asked for checkout: he thus must conserve all the received elements (inclusive of wrapping materials) till complete resolution of the potential problem.
Article 8 : RIGHT TO RENEGE
8.1 - General points
The consumer is granted a right to renege within the 7 working day period following the delivery date: during this time, he may return to Boutique Santé Voyage® items which do not satisfy his requirements, and will take charge of shipping costs.
8.2 - Modalities
All returning procedure must beforehand be reported to Boutique Santé Voyage® by e mail or by simple mail sent at:
The consumer will thus be given a return number to send the product back to the After Sales department of Boutique Santé Voyage®. In all cases, the consumer will bear the risks and take charge of shipping costs. The hereby right of renege is granted without penalties, exclusive of return costs which are taken in charge by the consumer. If the consumer wants to exert his right to renege, he will be asked to choose between refund and exchange (for equal amounts) and, in the latter case, will take in charge shipping costs.
8.3 - Mutual commitments
8.3a - of the consumer
All items subjected to revocation and returned to Boutique Santé Voyage® must be unused and proper to sale. Items, which are returned faulty, damaged or without wrapping, will not be refunded or exchanged.
8.3b - of the retailer
In case of revocation, Boutique Santé Voyage® will perform the required efforts to carry out refunds up to 30 days after reception of the returned items. The consumer will be refunded by check (if his bank account is domiciled in metropolitan France) or through transfer payment (with an additional cost of 8 euros(around $10.30 USD).
8.4 - Warning and Advice
Boutique Santé Voyage® strongly recommends to the consumer to send the items back with a complementary insurance which guarantees a refund of the said items at their commercial value in case of plundering or loss. Beyond the defined time limit, Boutique Santé Voyage® will regard the items as conform to the consumer's requirements and thus agreed by him: all revocations sent beyond this time limit will be refused.
Article 9 : RETURN PROCEDURE
9.1 - General points
Items return is subjected to the preliminary agreement of Boutique Santé Voyage® and must satisfy the requirements of return procedure implemented by the After Sales Department of Boutique Santé Voyage®. Boutique Santé Voyage® will refuse packages which do not satisfy the requirements of return procedure or those which have not been allowed to return by the After Sales Department: those packages will be sent back to the consumer, and the latter will take the shipping costs in charge.
9.2 - Modalities
When receiving the claim, Boutique Santé Voyage® will assign a return number to the said items and report it to the consumer. Items return can only be carried out after reception of the return number; the latter is valid during 8 working days. If the return results from a delivery mistake attributable to Boutique Santé Voyage® or from the non-conformity of the delivered items, and depending on weight and/or volume of the said products, Boutique Santé Voyage® will grant to the consumer a prepaid postage stamp to return the said products.
Products to be refunded or exchanged must be returned in their original wrapping to Boutique Santé Voyage® within the 8-working day period following the return authorization validated by the After Sales Department, with all accessories, warranty, notices, software and drivers at:
The return number must be clearly mentioned on the wrapping and the return slip must be printed and sent along with the package.
9.3 - Warning and Advice
All returns must be beforehand reported to the Customer Department of Boutique Santé Voyage®. If the hereby procedure is not completed, Boutique Santé Voyage® will reject all kinds of claims.
9.4 - Refund of return costs
If the consumer do not use the prepaid postage stamp sent by Boutique Santé Voyage®, the latter reserves the right to refund return costs or not. Requests for refund of return costs must be carried out by the consumer with the justifying documents and will be limited, if need be, to 1 (one) sending with insurance by Colissimo recommandé. Requests will only be validated if Boutique Santé Voyage® is involved by duty and if the return item is conform to the consumer's original statement, validated by the After Sales Department of Boutique Santé Voyage®.
Article 10 : ITEMS WARRANTY
10.1 - Modalities
Boutique Santé Voyage® reminds to the consumer that the great majority of providers set terms about original wrappings in order to insure guarantee. Boutique Santé Voyage® will refuse all returned items that may be insured by direct guarantee of the manufacturer. If the item turns out to be faulty within the warranty period, the consumer must contact the Customer service Department of Boutique Santé Voyage®: the latter will indicate him the procedure to return the said item. No return will be allowed if it had not been beforehand subjected to the agreement of the Customer service Department: the latter will assign a return number and a "signed as agreed" return slip. This return slip is valid for the 8-workin day period following the assignment of the return number: from this date, the faulty item must be returned to Boutique Santé Voyage® in its original wrapping materials and with all accessories, warranty, software and drivers. The whole package must be protected by an upper wrapping, with clear quotation of the return number assigned by Boutique Santé Voyage®. The printed return slip must come along with the returned item.
10.2 - General points
In accordance with article 4 of the French decree n°78-464 of March, 24th 1978, the hereby general terms cannot deprive the consumer of the legal guarantee binding the professional retailer to insure all consequences of hidden flaws for sold items. The hereby clause will only be enforceable if the order is fully settled. Boutique Santé Voyage® reminds to the consumer that After Sales processing may take up to 8 (eight) weeks.
10.3 - Conditions
Warranty time and conditions are those mentioned on items folders displayed on the website when ordering and, if need be, those mentioned on the warranty slip included in the package. Boutique Santé Voyage® strongly recommends to checkout the kind of warranty offered for each item (some warranties may offer home assistance or direct fixing from the manufacturer) and to contact either the Customer service Departments and the manufacturer BEFORE carrying out a return request.
10.4 - Mutual commitments
10.4a - of the consumer
The consumer will bear all risks and costs of the return procedure of a faulty item. The consumer must send the warranty coupon along with the faulty item: it may be binding for fixing under warranty.
10.4b - of the retailer
Boutique Santé Voyage® insures warranty for hidden flaws of delivered items, for exchange/ refund of faulty items or workpieces, but will not be made responsible for potential damages deriving from the said hidden flaws. Boutique Santé Voyage® will take in charge transfer of the item to the manufacturer and shipping costs to send the fixed item back to the consumer.
10.5 - Off warranty
Boutique Santé voyage® will not take charge of item with passed warranty time. Boutique Santé Voyage® advises the consumer to ask by the manufacturer about fixing possibilities the latter may offer.
10.6 - Warning and Advice
In the strictest sense of Law n°98-389 of May 19th 1998 about duty for faulty items, the consumer is explicitly informed that Boutique Santé Voyage® is not the manufacturer of items displayed on the website. Consequently, in case of damages to a person or a good deriving from flaws of an item bought on the Boutique Santé Voyage® website, the manufacturer will be the only one to blame, in accordance with informations mentioned on wrappings of the said item. Manufacturer warranty will be revoked if breakdown is attributable to negligence, mistreatment or inappropriate use (disrespect of installing and operating instructions, tampering…): in this case, the item will be sent back to the consumer in same condition, or fixed on demand of the customer (after agreement on a quotation with the manufacturer).
Article 11 : OUT OF EUROPE RESIDENTS
11.1 - General points
For the Customs area of the European Union subjected to VAT, all orders will be charged inclusive of tax. Only consumers satisfying requirements for reduction in tax will be refunded of the French VAT on ordered items. All claims for tax refund and/or intercommunity VAT will have to be formulated after settlement of the order. All orders delivered outside the Customs area of the European Union subjected to VAT will be charged exclusive of tax.
11.2 - Export sale slip
11.2a - General points
Consumers living outside the European Union and in the Départements Français d'Outre-Mer (DOM) (= French Overseas Counties) who want to benefit from reduction in tax may ask an export sale slip by Boutique Santé Voyage®. Price quoted on the bill will be inclusive of tax. Items subjected to reduction in tax will have to be bought for personal use and total amount of the said items will have to exceed 175 euros (around $224 USD) exclusive of shipping costs and/or service offers and/or promotional offers. Boutique Santé Voyage® recommends to ask about requirements for reduction in tax before asking the export sale slip. (Click here for more details about reduction in tax)
11.2b - Modalities
If the consumer satisfies all the Customs requirements, he may send us his export sale slip by e-mail or by fax (n° +33(0) 5 62 30 25 31). Before sending him the said slip, Boutique Santé Voyage® will ask the consumer to append a readable copy of his ID card/passport/resident permit/consular card etc…) and if need be, a justifying document of his permanent residence abroad. Within the 3 months following the purchase, the consumer must return to Boutique Santé Voyage® the pink sheet of the export sale slip validated by the Customs office: Boutique Santé Voyage® will thus be able to refund him the VAT sum of the concerned items by check or transfer payment (with additional costs of 8 euros) (around $10.30 USD). Refund may take up to 6 weeks after reception of the said pink sheet.
11.2c - Conditions
Boutique Santé Voyage® reserves the right to reject any reduction in tax request which would not satisfy the requirements contained in the hereby general terms of sale OR those in effect for the Customs office. Service and promotional offers, as well as participation to shipping costs are not subjected to reduction in tax.
11.2d - Warning and Advice
Boutique Santé Voyage® reminds to the consumer that the delivery address mentioned on the order must be located in one of the non-member states or countries of the European Union to be eligible for reduction in tax.
11.3 - Intercommunity VAT : FR17415079912
11.3a - General points
All residents of the European Union will be charged with the French VAT when validating their order.
11.3b - Modalities
- - If the consumer is a private individual or a corporate body which is not subjected to VAT, he will have to pay the amount mentioned on the order inclusive of tax and, if need be, of participation to shipping costs.
- - If the consumer is a corporate body subjected to VAT (notably non-French firms from the European Union), it will have to send to Boutique Santé Voyage® a point of order with clear mention of the intercommunity VAT number of the said firm.
11.3c - Conditions
Boutique Santé Voyage® reserves the right to reject any reduction in tax request which would not satisfy the requirements contained in the hereby general terms of sale OR those in effect for the Customs office.
11.3d - Warning and Advice
Boutique Santé Voyage® reminds to the consumer that he must have a valid intercommunity VAT number to obtain, if need be, a free of tax bill and refund of the French VAT. The consumer will have to mention, when ordering, a billing address located in a non-member country of the European Union.
11.4 - Special cases
Boutique Santé Voyage® reminds to the consumer that he is regarded as the legal importer of items delivered in a state/country out of the Customs area of the European Union subjected to VAT. Boutique Santé Voyage® will not take in charge potential Customs or import duties, local and state taxes…The consumer must beforehand checkout import possibilities of the said items by local authorities, and make sure that the technical specificities of the said items are observant to the in effect rules of the said country.
11.5 - Mutual commitments
11.5a - of the consumer
The consumer must beforehand ask by local authorities about import of items he may order, and take full responsibility of statements and payments of potential local taxes corresponding to the said items.
11.5b - of the retailer
Boutique Santé Voyage® will not be made responsible for disrespect of the in effect rules in countries where the said items will be delivered.
11.6 - Participation to shipping costs
Boutique Santé Voyage® reserves the right to charge participation to shipping costs to consumers who do not live in metropolitan France (see Article 4 - 4.6)
11.7 - Warning and Advice
Boutique Santé Voyage® reminds to consumers who want to obtain the export sale slip that billing address must be located in a non-member state or country of the European Union subjected to reduction in tax. Boutique Santé Voyage® reminds to consumers subjected to VAT that billing address must be located in a member-country of the European Union subjected to VAT.
Article 12 : LEGAL INFORMATION AND STIPULATION
12.1 - Force majeure
None of the parties will be regarded as failing in its commitments if execution is delayed, hampered or obstructed by unintentional case or force majeure. Will be considered as unintentional case or force majeure all impelling, unpredictable, inescapable, external facts or circumstances, which would be beyond control of both parties and which cannot be prevented by the latter, in spite of all reasonable efforts. The targeted party will have to inform the other one within the 10-working day period following the date on which the first party took cognizance of the said facts and/or circumstances. Then, except in case of impossibility due to the "force majeure", the two parties will have to meet within the following month, to determine how the execution of their commitments will be performed, in accordance with the said "force majeure". If the said "force majeure" is to exceed 3 months, the targeted party may thus retire the hereby general terms. Are explicitly regarded as case of "force majeure" or unintentional case, except those usually allowed by the French courts of law:
- - earthquakes, fires, hurricanes, flood, lightning and blockade of means of transportation and/or provision.
- - breakdown or internal difficulties in telecom, which are beyond the control of customers.
12.2 - Links
Hyperlinks contained on the Boutique Santé Voyage® website may redirect the consumer to other websites. Boutique Santé Voyage® will not be made responsible if one of those websites or its contents is conflicting with the in effects legal clauses.
12.3 - Right of use
In accordance with the French "Code de la Propriété Intellectuelle" (Intellectual Property Code), the right of use of the Boutique Santé Voyage® software and those released by it is granted to the consumer as non-exclusive, personal and non-heritable. However, in accordance with article L122-6-1 of the said code, the consumer owes a right to reproduction, exclusively to make a backup copy, if the latter is necessary to preserve the software use. In all cases, the author of the said software conserves property rights on his work: the consumer commits itself to respect the said rights.
12.4 - Informatics and liberties
In accordance with the French "Infomatique et libertés" (Informatics and liberties) law n° 78-17 of January, 6th 1978, the consumer owes a right to access and modification of his personal data and may exert the said right by sending an e mail or a simple mail at:
Users are informed that automatic data processing, and particularly management of e mail addresses, has been subjected to registration on June, 29th 2005 by the French Commission Nationale de l'Informatique et des Libertés (CNIL) (National Commission of Informatics and Liberties) (n° 11003609)
12.5 - Partial non-validation
If one or several specifications of the hereby general terms are regarded or declared invalidated, for example to enforce a law, a decree or a definitive judgment pronounced by the versed jurisdiction, the rest of the hereby specifications will remain effective.
12.6 - Non-renouncement
If one of the parties does not exert his rights of claim when the other party fails in the commitments defined in the hereby general terms, this silence will not be regarded as a renouncement of the said commitment.
12.7 - Titles
In case of difficulty to relate one of the header titles of the specifications, titles will be declared as non-existent.
12.8 - Enforceable law
The hereby general terms, form and content rules are subjected to the French law.
12.9 - Information about Boutique Santé Voyage® services
The "boutique-santé-voyage.fr" website is a publication from VISA POUR LE MONDE Inc (capital stock 7 662, 45 €) (around $9.800 USD), registered in the French "Registre du commerce" (Trade registrer) of Toulouse with n° B 415 079 912.
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