General terms of sale of The Parapharmacy Company

Preamble

Website’s Property: the website is the property of The Parapharmacy Company in its totality. Any integral or partial reproductions are prohibited without prior authorization of The Parapharmacy Company. The present general terms of sale apply in an exclusive way between The Parapharmacy Company and any person visiting or purchasing via the website www.the-parapharmacy.com. (Hereafter “You”)

1. Acceptance of the general terms of sale

You acknowledge that, prior to placing any order, you have read the general terms of sale stated on this screen and you expressly certify that you accept them without reservation. The present general terms of sale govern the contractual relationship between you and The Parapharmacy Company. They will prevail on all other conditions appearing in any other document, excepting a written The Parapharmacy Company’s Agreement. The present general terms of sale can be modified at any time by The Parapharmacy Company, without advance warning. The applicable conditions will be those prevailing at the time of your orders’ confirmation.

2. Products

Products offered are those which are listed in the catalogue published on this Website. These products are offered within the limit of available stock. The photographs and texts illustrating the products are offered as information and are not contractual. The products sold by The Parapharmacy Company are compliant with current French legislation and standards applying in France and in the European Union. However, The Parapharmacy Company cannot guarantee the complete conformity of its products with standards applying in countries outside of the European Union. The Parapharmacy Company can ship its products to more than 200 countries and covers the following zones: French Metropolitan territory, French overseas departments and territories, European Union, and International in their near entirety. A complete list of the countries covered by our shipment services is available on our Website under the heading “Delivery and Returns”.

3. Order

You declare having reached legal majority age and possessing legal capacity, or being authorized by your parents to place an order on the Site. The automatic-recording systems are held as valid proof of the nature and the contents of the orders. To place an order on The Parapharmacy Company’s site, a client must first register with the company by creating an account, the necessary instruction will be provided at the time of registration. Prior to confirming your order and proceeding to the payment’s stage, you must first have accepted without reservation the entirety of the General Terms of Sale. The data recorded on the website constitute proof of all the transactions between you and The Parapharmacy Company (www.the-parapharmacy.com). The data recorded by the payment system constitute proof of the financial transactions. Once the payment is accepted, The Parapharmacy Company confirms your order using the email address you have provided. A recap of the order and an invoice will be attached to the conformation message. At the same time you will receive another e-mail informing you about the availability of the products. If one or several products are unavailable, we will later notify to you a date of restocking. The sale will be concluded as soon as The Parapharmacy Company validates the payment of the order, i.e. from the date of the validation of the payment by credit card, PayPal or money transfer. The confirmation of the payment will be done by sending you an email. The Parapharmacy reserves its right to refuse or cancel any order from a client with whom could exist a disagreement relating to payment of former orders.

4. Prices

Prices are listed in Euros, all taxes included (French VAT and other applicable taxes). The invoiced VAT is equal to the basic rate applied in Metropolitan France for this category of products, i.e. 20% or 5.5%. The VAT rate mentioned on your invoice corresponds to the VAT rate of items ordered and sent. The prices displayed as “Our Price” include the French VAT at the corresponding rate. Prices listed on product descriptions do not include shipping fees. Prices given at the time of confirmation of orders are the final prices, tax-inclusive. These prices include the price of the products, handling charges, preservation charges, shipping fees and insurance costs. Prices are payable cash on the day of the order’s confirmation. For clients outside Metropolitan France, The Parapharmacy Company must, in compliance with current law, invoice the VAT for orders shipped to most European Union’s countries. Orders shipped outside of the European Union are not subject to VAT, but can be subject to local taxes and customs taxes current in the country of reception. This is also the case for orders shipped to French overseas department and territories (TOM/DOM) and other territorial collectivities. For orders with a shipping address located within the European Union, the VAT is itemized on the last page of the order, in the e-mail acknowledgement of your order as well as on the invoice attached with your order. Warning: any inaccurate information provided by the client in order to evade VAT can result in fines and criminal prosecution.

5. Payment

The payment of products ordered on The Parapharmacy Site can be done:

1) By credit card (Carte Bleue, Visa, Mastercard/Eurocard, American Express); directly online. For this purpose, The Parapharmacy Company has chosen Ingenico Ogone, the site of secure payment, the main European service provider for electronic payment for online and remote business. “Paiement by credit card” allows you to pay via its secure site. The phase of payment is entirely processed between you and Ingenico Ogone. During the phase of credit card payment, you leave The Parapharmacy website temporarily, to be redirected to “Paiement Ogone” website. This guarantees that:
● The Parapharmacy will never know your card number.
● Ingenico Ogone will never know any details about your purchases, since only the total amount and the reference number of your order are transmitted to “Paiement Ogone” by the seller.
The order will be automatically cancelled and the client will be warned by email if payment is rejected by concerned banking centers. The implementation of this procedure, which cannot be regarded as a guarantee against any fraudulent use of bank card, nor implicate The Parapharmacy Company’s responsibility, delays the payment’s validation until the end of the checking procedure. It might lead to the order’s cancellation. In addition, The Parapharmacy Company reserves its right to refuse any credit card payment for an amount exceeding 200 Euros.

2) By PayPal payment, within the limit of 500 Euros (before shipping fees are added).

3) By money transfer for any purchase exceeding 500 euros (before shipping fees are added). The Parapharmacy Company reserves its right to refuse any payment by money transfer for amounts under 500 Euros (before shipping fees are added).

4) By check, but only in Metropolitan France, and within the limit of 200 Euros (before shipping fees are added). The Parapharmacy Company reserves its right to refuse any payment by check for amounts exceeding 200 Euros (before shipping fees are added).

6. Retention of title clause

In compliance with the French law of May 12, 1980, ordered products remain the property of The Parapharmacy Company until their complete payment by the client. In case of non-performance of the client’s obligations, no matter the reasons, The Parapharmacy Company will be able to require immediate restitution of the products, at the client’s own expenses and risks.

7. Availability and shipment

All deadlines listed on The Parapharmacy Site are expressed in work days (i. e. except Sundays and bank holidays). Each product description mentions:
• Either the immediate availability of the product: the mention “en stock” corresponds to stock’s state at the time of the order.
• Or an availability date: the availability date corresponds to the theoretical restocking date in our Company. This date depends on the time frame indicated by the supplier and/or the manufacturer of the product and varies according to the type of product.
• Or the mention “pré-commande”: the products are new products announced by suppliers and/or manufacturers, without an availability date.
• Or the word “rupture”: the product is temporarily unavailable from our suppliers.
• Or the word “Vente flash”: the product is subject to an exceptional rebate; such an offer is valid only for a certain period of time, for certain products and within the limit of stock availability.
• The mentions "Promo" or "En solde": the products are discounted for a limited time period: orders are handled, prepared and shipped, i.e. given to our shipper, within 5 work days from:
◊ Reception of the product by The Parapharmacy Company, for available products.
◊ Validation of the payment by the client and bank’s acceptance, when orders are made by credit card online, PayPal or money transfer, for products in stock at the time of that validation or reception.
◊ Reception of the products by The Parapharmacy Company, when they become indeed available from our supplier, for products in pre-order.

• Orders are normally handled after validation of the credit card payment. The indication «en stock» and the availability period may vary between the date of the order and, depending on the case, the date of payment validation by credit card. Also, the date of availability may be changed by suppliers and/or manufacturers. In such cases, dates of availability will be those current at the time of the credit card payment validation. However, listed dates are only theoretical and may change slightly; the client will then be notified by email.

• In case of unavailability of the products at our suppliers:
- permanent unavailability: If products available at the time of the order become, thereafter, for whatever reason, permanently unavailable, The Parapharmacy Company will inform the client and shall either offer articles of substitution, or reimburse the missing articles, without delay and at the latest on the 30th day, in accordance with the provisions of article L121-20-3 of French Code de la consommation.
- temporary unavailability: If products available at the time of the order become, thereafter, for whatever reason, temporarily unavailable, The Parapharmacy Company will inform the client of the expected date of restocking. The client may then choose to maintain his order with these new deadlines, or to cancel it. In that case, The Parapharmacy Company shall reimburse the missing articles without delay and at the latest on the 30th day, in accordance with the provisions of Article L121-20-3 of the French Code de la consommation. If one or more products of a several items’ order are not immediately available, the order will be shipped only when all products are available. The order will be handled within 5 days after the products’ date of availability, as explained above.

8. Shipment

Products bought on www.the-parapharmacy.com website are shipped to 200 countries. Regarding shipment, we work with the Colissimo Service of La Poste. Colissimo is a fast delivery service.

For the Zone France Métropolitaine : the delivery will be made by Colissimo Access F or Colissimo Expert F within 48 hours for any package weighing less than 30 kilos.
- Colissimo Access F packages are delivered to the mailbox of the addressee (as given by the sender) without signature.
- Colissimo Expert F packages are delivered to the address given by the sender only by signature upon delivery, of the addressee or of any person working for him, or living with him, or specially mandated, or by any other mean agreed with La Poste. This service is included in the shipping fees and is invoiced 2 Euros no matter the amount.

For the Zone Outremer : The delivery will be made by Colissimo Expert OM Service within a deadline of 5 to 7 days, for any package weighing less than 30 kilos towards the DOM, Mayotte, Saint-Pierre et Miquelon, and for any package weighing less than 10 kilos towards the TOM and the Secteurs Postaux. Packages are delivered to the address given by the sender only by signature upon delivery, of the addressee or of any person working for him, or living with him, or specially mandated, or by any other mean agreed with La Poste.

For the Zones Union Européenne and Internationale : The delivery will be made by Colissimo Expert I Service within a deadline of 3 to 11 days for any package weighing less than 30 kilos towards destinations which accept it. The order will be delivered to the address given by the sender only by signature upon delivery, of the addressee or of any person working for him, or living with him, or specially mandated, or by any other mean agreed with La Poste.

Zones covered by Colissimo Expert I

Zone 1: Germany, Belgium, Netherlands, Luxemburg
Zone 2: Great Britain, Italy, Spain
Zone 3: Austria, Denmark, Ireland and Portugal
Zone 4: Finland, Norway, Sweden and Switzerland, the Azores, Madeira, Canary Islands
Zone 5: Greece, Hungary, Iceland, Poland, Czech Republic, Slovakia, Slovenia
Zone 6: Other Countries of Eastern Europe and Maghreb
Zone 7: USA, Canada, Africa and the Middle East
Zone 8: America (except USA and Canada), Asia and Oceania

If a package cannot be delivered because the mailbox is too small and/or because the addressee or his/her representative is absent, a delivery notice is left by La Poste in the addressee’s mailbox. The delivery notice indicates the location of the post office where the package can be collected.

Shipping fees

If your order exceeds 55 Euros (all taxes included); there is no shipping fee. This offer is valid only for Metropolitan France. For orders whose amount is inferior to 55 Euros, and for all orders placed in Zones Outremer, Union Européenne, and Internationale covered by our website, shipping and handling fees will be invoiced. For Zones Outremer, Union Européenne, and Internationale covered by our website, shipping fees include a contribution to insurance costs. You can access the list of shipping fees applied in zones covered by The Parapharmacy’s website in the “Livraison et retours” Section. The Parapharmacy Company, in any event, will be released from its obligation of delivery in the event of:
• cases of force majeure, such as wars, riots, fire, strikes, accidents and the impossibility to be supplied.
• non-performance by the client of any of its obligations (payment, correctness of provided information such as shipping address…).

9. Package tracking

You will be informed without delay, by an email sent to your address, of the shipment of your package. Package handling is done with the "Colissimo Suivi" Service by La Poste; it will enable you to track the delivery status of your package using the tracking number which will be given to you at the time of shipment of your order. You will be able to track your package by connecting to: http://www.coliposte.fr, and then by supplying, in “Espace Particulier”, your package’s number (13 characters.) However, for all orders except Metropolitan France, the tracking of the package varies depending on the country of destination.

For orders placed Outre-Mer (French overseas territories and départements):
- The package tracking will be “complet” (complete) from deposit to delivery for the following destinations: DOM and Mayotte.
- the package tracking will be “partiel” (partial); i.e. until the exit from Metropolitan France for the following destinations: TOM, Saint-Pierre et Miquelon and the Secteurs Postaux.

For orders placed in Zone Internationale: The tracking varies depending on the countries of destination; it can be:
- either from deposit to delivery,
- or until the exit from Metropolitan France.
You can read about the type of package tracking on our website in the “Livraison et retours” section.

As the delivery is done by La Poste, The Parapharmacy Company cannot be held responsible for delivering delays. Any mistake or omission, in the shipping address or the client’s identification exonerates The Parapharmacy Company from delivery responsibility. If a package is returned because of an incomplete address (ex: residence, building, company, etc. have been omitted); the charges related to the new shipment of the package will be supported by the client. The Parapharmacy Company is committed to do its utmost to deliver orders within 30 days after credit card payment validation. In addition, the client is committed to pay all taxes, VAT, and all other taxes according to laws current in all covered zones. The Parapharmacy Company cannot be held responsible if the client does not pay the necessary taxes. All orders placed on our website are exclusively for the private use of our clients; partial or total resale of products is strictly forbidden.

10. Package delivery

Whatever the place of delivery, it is made to the address provided when the client has placed the order. Delivery will be made by Colissimo Access F or Colissimo Expert F Service.
Colissimo Access F packages are delivered to the mailbox of the addressee (as given by the sender) without signature. If a package cannot be delivered because the mailbox is too small, the package is brought to the door. It will be given into the hands of the addressee or any person working for him, or living with him, or specially mandated. It can also be given to an authorized person or a representative.

Colissimo Expert F packages are delivered to the address given by the sender only by signature upon delivery, of the addressee or of any person working for him, or living with him, or specially mandated, or by any other mean agreed with La Poste.

Colissimo Expert OM Packages are delivered to the address given by the sender only by signature upon delivery, of the addressee or of any person working for him, or living with him, or specially mandated, or by any other mean agreed with La Poste.

Colissimo Expert I packages are delivered to the address given by the sender only by signature upon delivery, of the addressee or of any person working for him, or living with him, or specially mandated, or by any other mean agreed with La Poste.

If a package cannot be delivered because the mailbox is too small and/or because the addressee or his/her representative is absent, there may be several other attempts at delivery starting from the next day, or a delivery notice is left by La Poste in the addressee’s mailbox. The delivery notice indicates the location of the post office where the package can be collected. In such case the package is given to its addressee or his/her representative, duly authorized, upon presentation of identification and his signature if it is required. The package will be kept at the post office for 15 consecutive days starting from the following day after its consignation.

Packing and packaging are done with great care. However it might happen that packages are damaged during transportation. If the package is to be delivered with signature upon delivery, and if it appears damaged (damaged box, damaged safety slip) or if you think it has been opened, we recommend you not to accept the package. It will be returned to us. We suggest that, at the time of delivery, in addition to your signature, you write down precisely on the delivery certificate any reservations you might have, and to also mention them to the shipper by registered letter with acknowledgement of receipt, within the three days after delivery, in accordance with Article L.133-3 of the French Code du commerce. If the package is to be delivered without signature, the same procedure applies except that the client must refuse the package and must produce a certificate of damage from the shipper or competent postal services. In both cases, you also have to notify The Parapharmacy Company, by email at : service-client@the-parapharmacy.com as well as by registered letter with acknowledgement of receipt, of all damages due to transport within eight (8) days after reception. No complaints will be accepted if the procedures are not respected. If your reservations are not expressed, we will not consider any complaint.In the same way, at the time you receive your order, we recommend that you check the conformity of the delivered products. Any reservation regarding the conformity of the delivered goods must be mentioned on the delivery certificate given by the shipper or the competent postal services, and reiterated to us by email as well as by registered letter with acknowledgement of receipt within three (3) days after reception of the order. If this procedure is not respected, no complaint will be accepted. If it is proven that one or several products do not conform with the order, the client will return the non-compliant products at his/her own expense. We in turn will send, upon reception of the returned products, and at our own expense, products conforming to the client’s order.

11. Warranty

In any case, the client benefits from the legal warranty against latent defects (Art. 1626 and following ones, French Code civil). On the condition that the buyer gives proof of the latent defects, the seller has legal obligation to repair all consequences (art.1641 and following ones, French Code civil).

The following cases are excluded from all guarantee:
1. Deteriorations due to use or to causes foreign to the intrinsic qualities of goods.
2. Uses and maintenance non compliant with the product’s user guide provided with the product, as well as lack of use or maintenance.
3. Deteriorations due to: mistakes in handling or connecting (whether with the original accessories or others); abusive or abnormal uses (overload, excessive humidity or heating, etc.); intentional or accidental physical modification; use for commercial or professional purposes.
4. Spare parts or accessories whose substitution results from their normal wear and tear or from normal maintenance operations: e.g. light bulbs, batteries, joints, etc.
5. Costs of postage and equipment modification, in the event of a callback for manufacturing fault.
6. Deteriorations due to external events (lightning, water damage, etc.).
7. Interventions done on equipment by any person not mandated by the customers services, as well as malfunctions and deteriorations due to such intervention.

12. Limitation of responsibility

The products offered for sale are compliant with current French legislation. The Parapharmacy Company declines any responsibility in the case that delivered items would not comply with the legislation of a country other than France. It is your responsibility to check with local authorities about the possibility of importation or use of the products or services you plan to order. The Parapharmacy Company declines any responsibility whatever product uses which would exceed or would differ from its normal use. The Parapharmacy Company declines any responsibility in the event of abnormal or excessive use of any product. Before any order and all the more before any use, the client commits to take the necessary precautions in order to make sure that there is no possibility of allergic reactions or incompatibilities between his condition and one of the elements composing the products sold on our website. The information given on the website, photographs, product descriptions, prices… are given as purely indicative. The Parapharmacy Company endeavours to offer accurate information. Possible mistakes, especially occurring from translation of product description from a foreign language, are merely accidental and will be corrected as soon as possible. The Parapharmacy Company could not be held responsible for simple errors or omissions which could have subsisted despite all the care taken in the products’ presentation. It is the same for possible modifications of the products decided by the manufacturers. The photographs are provided as mere illustration. We invite you to read the description of each product in order to have a thorough knowledge of their precise characteristics. If in doubt or if you wish further information, do not hesitate to contact us. In the case of an obvious mistake between a product’s characteristics and its presentation and/or the terms of sale, The Parapharmacy Company’s responsibility could not be committed. Due to the large number of products available and the variety of their sources, it may happen that some user’s notes cannot be available in a foreign language or in your language. We advise you in that case to inform yourself of their characteristics from their manufacturers or, more simply, to ask your questions by using our contact form. In accordance with current law, The Parapharmacy Company is not responsible for non-performance or bad performance of the contract which would be caused either by the customer, or by insurmountable and unpredictable action of a third party or by a case of force majeure. In no case will we be held responsible for losses of benefit, commercial losses, data losses or shortfall or any other damage, indirect or which was not predictable at the time of the use of the website or of the conclusion of the sale contract between us and you. The limitation of responsibility above does not apply in the event of fraud or gross negligence of our part, in the event of physical injuries or liability for defective products, in the event of eviction and non-compliance (including latent defects). In the case of hypertext links leading from the www.the-parapharmacy.com website to other sites, we will not be held responsible for the contents of the information provided on these sites after activation of these links.

13. Retraction

In accordance with L.121-20 articles and following ones, of the French Code de la consommation, the client has 14 days, beginning at the day of delivery, to return the product in its original package, for substitution or reimbursement. The return will be accepted only if the product has not been opened nor used. Products packaged in blisters or products with warranty labels must be returned in their original condition. Reimbursement will be effected within 30 days after the date on which the client has exercised his/her right to retraction (Art. L121-20-1, French Code de la consommation).

14. Anti-fraud controls

During checking of orders, our Customers Service Department may also perform various checks before validation. These controls actually aim at protecting The Parapharmacy Company from abusive practices by defrauders. At the time of such checks, the Customers Service Department might have to request from you all the information necessary for placing your order: a proof of address and/or information about the credit card owner, proof of identity, etc. We remind you that you have the right to access, correct and oppose your personal data by mail or e-mail: service-client@the-parapharmacy.com.

15. Data protection

Personal data relative to clients is absolutely necessary for the processing and delivery of orders, as well as preparation of invoices and contracts of guarantee. Lack of information will result in non-validation of an order. In accordance with the law "Informatique et Libertés", the processing of personal data about clients has been submitted to the Commission Nationale de l’Informatique et des Libertés (CNIL); and registered under number n°1430645. According to the 34th article of the French law of January 6, 1978 you have the right to access, modify, correct and delete all personal data. This right can be exercised through The Parapharmacy Company. Moreover, The Parapharmacy Company commits itself not to communicate, for free or with counterpart, the personal data of its clients to a third party. In accordance with the French law nº 98-536 of July 1, 1998 about the legal protection of databases, The Parapharmacy Company is the producer and owner of whole or part of its website’s databases. Upon accessing the present website, you acknowledge that all the data composing it is legally protected, and, in accordance with the above-mentioned law, you will refrain from extracting, re-using, storing, reproducing, representing or recording, directly or indirectly, by any means whatsoever and whatever the medium, whole or part qualitatively or quantitatively substantial, of the contents of the databases appearing in this site.

16. Court's jurisdiction and applicable law

The present General Terms of Sale are governed and interpreted in accordance with French law. In the event of disputes and after an attempt at an out of court settlement, the courts of Tours (France) will be the court of competent jurisdiction for any litigation about the present General Terms of Sale, even in the event of plurality of defendants or claim for contribution and whatever the means of payment. This attribution of competence is expressly given in favor of The Parapharmacy Company, which reserves its right to refer to any appropriate court.

17. Clients service department

For any information or question, our Customers Service Department is at your disposal:
- E-mail: service-client@the-parapharmacy.com
- Telephone 33 (0)9 61 06 23 84 - Indigo Number - (Monday to Saturday from 10:00 to 16:00)
- Mail:

The Parapharmacy
2, rue Corneille
37000 Tours
France.