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TERMS & CONDITIONS

I. Basic provisions

1.

These General Conditions of Sale (hereinafter referred to as "General Conditions") are issued in accordance with Articles 1751 and following. of Law No 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

MR Mark Reynolds

Self Enterprise : Mito Light partner

93, boulevard Edouard Herriot

06200 Nice -France

Siret : 

Phone : 06 10 33 50 62

E-mail : howarthrey@gmail.com

Https://www.ledtherapie.com

2.
These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of his or her commercial activity as a consumer or in the course of his or her commercial activity (hereinafter referred to as "Buyer") through the web interface found on the website www.ledtherapie.com (hereinafter referred to as the “Online Store”). and the sales system.

3.
The terms and conditions are an integral part of the purchase contract. Any derogatory provision of the Purchase Agreement or any other written agreement shall prevail over the provisions of these Terms.

4.
These terms and conditions and the purchase contract are concluded in French.

II. Information on goods and prices

1.
The object of performance is products, goods or services according to the seller’s offer (hereinafter referred to as "goods"). Information on the goods, including the prices of individual goods and their main characteristics, is provided for each Good in the catalogue of the online shop. The prices of the goods remain valid as long as they are displayed in the online shop. This provision does not prevent the negotiation of a purchase contract on the terms agreed individually.

2.
Any presentation of the goods in the catalogue of the online shop is for information purposes only and the seller is not obliged to conclude a purchase contract for these goods.

3.
Information on the costs associated with packaging and delivery of goods is published in the online shop. Information on the costs associated with the packaging and delivery of the goods listed in the online shop only applies in cases where the goods are delivered in France, Monaco, England and Italy

.

4.
Discounts on the purchase price of the goods may not be combined with each other unless the seller and buyer agree otherwise.

III. Order and conclusion of the purchase contract

1.
The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone charges) are borne by the buyer. These costs do not differ from the base rate. The buyer accepts the use of remote means of communication in the conclusion of the contract. 

2.
The buyer orders the goods as follows:

via their customer account if they have already registered on the online store,
by completing the order form without registration. 

3.
When ordering, the buyer selects the goods, the number of items to be placed in the shopping cart, the method of payment of the goods and the delivery method. Unless otherwise agreed between the Seller and the Buyer, the Buyer acknowledges that the maximum number of pieces of each ordered item may be 5 pieces, as the Seller is unable to provide a higher number of parts.

4.
Before sending the order, the buyer is allowed to check and modify the data he entered in the order. The Buyer sends the order to the seller by clicking on the button "Order with payment obligation". By clicking on the "Order with obligation to pay" button, the consumer concludes the purchase contract. The information provided in the order is considered correct by the seller. The validity of the order is subject to the execution of all mandatory data in the order form, by entering the number of pieces in the maximum quantity in accordance with paragraph 3 above, and confirmation from the buyer that he has read these terms and conditions.

5.
Upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer at the time of the order. This confirmation is automatic and is not considered the conclusion of a contract. The confirmation is accompanied by the current conditions of the seller. The purchase contract is concluded only after receipt of the order by the seller. The order acceptance notification is sent to the buyer’s e-mail address. The Buyer expressly acknowledges that if he orders a greater quantity of goods than the maximum possible according to the preceding paragraph 3, then the purchase contract is never concluded, even despite the delivery of an automatic confirmation of receipt of the order to the Buyer according to the previous sentence.

6.
In case one of the requirements stated in the order cannot be fulfilled by the seller, a modified offer is sent to the buyer’s e-mail address. The amended offer will be considered as a new proposal of the purchase contract and the purchase contract will be concluded in this case by confirmation of acceptance of this offer by the Buyer to the Seller at its e-mail address specified in these Terms and Conditions.

7.
All orders accepted by the seller are binding. The buyer may cancel an order until he has received a notice of acceptance of the order by the seller. The buyer can cancel an order by calling the seller’s phone number or email indicated in these terms and conditions.

8.
In case of obvious technical error on the part of the Seller in indicating the price of the Goods in the Online Shop or during the ordering process, the Seller is not obliged to deliver the Goods to the Buyer at this clearly incorrect price even if the Buyer has received an automatic acknowledgement of receipt of the order in accordance with these General Conditions. The seller must inform the buyer of the error:

IV. Customer account

1.
Based on the buyer’s registration in the online shop, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.

2.
When registering for a customer account and when ordering goods, the buyer is required to provide all information correctly and truthfully. The Buyer is required to update the information provided in the user account each time it changes. The information provided by the buyer on the customer’s account and when ordering the goods is deemed correct by the seller.

3.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary for access to its customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4.
The Buyer is not authorized to allow third parties to use the customer account.

5.
The Seller may cancel the User Account, in particular if the Buyer no longer uses its User Account or if the Buyer breaches its obligations under the Purchase Agreement or these Terms and Conditions.

6.
The Purchaser acknowledges that the User Account may not be permanently available, including the necessary maintenance of Seller’s hardware and software or the necessary maintenance of third-party hardware and software.

V. Methods of payment and delivery of goods

1.
The buyer may pay the price of the goods and all costs associated with the delivery of the goods under the purchase contract in the following manner:

 

Online via the payment gateway Sprite online bank.

our payment in France, by bank transfer to the seller’s bank account 

IBAN:

2.
With the purchase price, the buyer is obliged to pay the seller the costs associated with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of the goods.

3.
In case of non-monetary payment by bank transfer, the purchase price is payable within 5 days of the conclusion of the purchase contract.

4.
In case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5.
In the case of a non-monetary payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.

6.
Seller does not require any advance or similar payment from Buyer. Payment of the purchase price before the shipment of the goods is not a deposit.

7.
Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, it is required to register sales received with the tax administrator online, in case of technical failure within 48 hours at the latest.

8.
The goods are delivered to the buyer at the address indicated by the buyer in the order

9.
The choice of delivery method is made at the time of the order of the goods, and this choice cannot be changed after the conclusion of the purchase contract, unless the buyer and seller agree otherwise.

10.
The cost of delivery of the goods according to the method of shipment and receipt of the goods is specified in the buyer’s order and in the seller’s order confirmation. In the event that the delivery method is agreed upon at the specific request of the buyer, the buyer assumes the risk and additional costs associated with that delivery method.

11.
If the Seller is required under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is required to take delivery of the goods upon delivery.
If the buyer does not take delivery of the goods ordered from the contracted carrier, the buyer runs the risk of being included in the database of unreliable customers and the shipment of any subsequent order will be conditional on payment of the full price of the order by bank transfer.
In case of non-acceptance of the goods, the Buyer shall be obliged to pay to the Seller the actual costs incurred by the Seller for the packaging, shipping and subsequent return of the goods not accepted. The Buyer acknowledges that such additional costs may be recovered by the Seller through a third party with whom the Seller has entered into a debt collection agreement.
If, for reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or differently from that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different delivery method.

12.
Upon receipt of the goods by the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of defect, immediately inform the carrier. In the event of a packaging breach indicating an unauthorized intrusion into the shipment, the buyer cannot accept the shipment from the carrier.

13.
The seller must issue a tax document - invoice to the buyer. The buyer will receive the invoice by email within 10 days of receipt of payment. When ordering from countries outside the EU, the original invoice is always the one included in the package for customs purposes.

14.
The buyer acquires ownership of the goods by paying the full purchase price of the goods, including delivery costs, but not before taking delivery of the goods. Liability for destruction, damage or accidental loss of the goods shall be transferred to the buyer at the time of receipt of the goods or at the time when the buyer was obliged to accept the goods, but has not done so in breach of the purchase contract.

15.
The seller must deliver the goods to the buyer usually within 10 working days of the date of conclusion of the purchase contract. The Buyer acknowledges and agrees that this period may be extended by an additional 5 business days, such that this extension of delivery time will not be considered a material breach of the Purchase Contract. However, if the Seller does not deliver the goods to the Buyer, even within the extended delivery period, this will be a substantial breach of the Purchase Agreement and the Buyer will have the right to withdraw from the Purchase Agreement.

16.
The Seller reserves the right to change the delivery date of goods that may be pre-ordered, even several times. In the event of a substantial change in the delivery date (i.e. 30 day change), the Buyer shall have the right to withdraw from the contract. If the circumstances invoked by the seller at the time of the buyer’s pre-order change to the extent that the seller cannot reasonably be bound by the pre-order, the seller has the right to cancel the pre-order. order without notice and inform the buyer.

VI. Withdrawal from the contract

1.
'Consumer' means any person who, apart from his commercial activity or the independent exercise of his profession, enters into a contract with the seller contractor. The buyer as a consumer must then always assert his rights under the contract concluded or the rights arising from the defective performance with the seller. A buyer who has entered into a purchase contract outside his activity as a consumer has the right to withdraw from the purchase contract.

2.
The withdrawal period is 30 days from the date of receipt of the goods.

3.
The Buyer may not, among other things, withdraw from the Purchase Agreement:
• the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
• when delivering goods adapted to the wishes of the buyer or his person,
• in other cases referred to in Article 1837 of the Civil Code

.

4.
In order to respect the withdrawal period, the buyer must send a withdrawal declaration within the withdrawal period.

5.
To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The Buyer will send the withdrawal form to the Seller’s e-mail or delivery address indicated in these Terms and Conditions. The Seller acknowledges receipt of the form to the Buyer as soon as possible. Withdrawal of the contract takes effect on delivery to the seller.

6.

The buyer who has withdrawn from the contract is obliged to return the goods to the seller without delay, at the latest within 14 days from the effective date of withdrawal of the contract. The Buyer will bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual post.

7.

If the buyer withdraws from the contract, the seller must return to the buyer without delay, but no later than 14 days after the withdrawal of the contract took effect, all sums, including the cost of delivery, received from the buyer in the same manner as received from the buyer. The seller will only return the funds received to the buyer by other means if the buyer agrees and no additional costs are incurred.

8.
If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller will refund to the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.

9.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer has delivered the goods to the seller.

10.
The buyer must return the goods to the seller, intact, unworn and not oiled and, if possible, in their original packaging. The Seller has the right to unilaterally offset any claim for damage to the goods against the Buyer’s claim for a refund of the purchase price.

 

11.
The seller has the right to withdraw from the purchase contract because of stock shortages, unavailability of the goods or if the manufacturer, importer or supplier of the goods has ceased production or importation of the goods. The Seller must promptly inform the Buyer by the e-mail address specified in the order and must return all sums, including delivery charges, received from the buyer under the contract within 14 days of notification of withdrawal of the purchase contract in the same manner or as specified by the buyer.

VII. Rights arising from defective performance

1.
The Seller is responsible to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer only at the time the buyer took over the goods:
• the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer taking into account the nature of the goods and on the basis of the publicity they make,
• the goods are specific to the purposes for which the seller declares that they are to be used or for which such goods are usually used,
• the quality or workmanship of the goods corresponds to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
• the quantity, measure or weight of the goods;
• the goods comply with the requirements of the legislation.

2.
If a defect occurs within six months of receipt of the goods by the buyer, the goods are deemed defective upon receipt. The buyer is entitled to claim the right to a defect in the consumer goods within 24 months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which the lower price has been agreed, to wear and tear caused by normal use, to a defect in the secondhand goods corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the defective performance right if he knew before taking back the goods that they were defective, and also if the buyer caused the defect.

3.
In case of default, the buyer can claim the defects, i.e. claim the goods and demand:

• replacement with new products;
• repair of goods;
• a reasonable discount on the purchase price;
• withdraw from the contract.

 

4.
The buyer has the right to withdraw from the contract,
• if the goods have a material defect,
• cannot use the goods properly due to recurrence of defect or defects after repair,
• in case of multiple defects of the goods.

5.
The seller is obliged to accept the claim in any establishment where acceptance of the claim is possible, possibly also at the head office or place of business. The Seller shall deliver to the Buyer a written confirmation of the time when the Buyer exercised the right, the content of the claim and the method of settlement of the claim required by the Buyer, and confirmation of the date and method of settlement of the claim, including confirmation of the remedy and its duration, or written justification for the denial of the claim.

6.
The Seller or an employee authorized by the Seller shall deal with the complaint immediately, in complex cases, within three business days. This time limit does not include the time appropriate to the type of product or service required for a professional defect assessment. The complaint, including the removal of the defect, shall be settled without delay, not later than 30 days from the date of the complaint, unless the seller and buyer agree to a longer period. The expiration of this period in vain will be considered a substantial breach of the contract and the buyer will have the right to withdraw from the purchase contract. The moment when the expression of the Buyer’s will (exercise of the defective right of performance) reaches the Seller is considered as the moment of complaint.

7.
The seller shall inform the buyer in writing of the outcome of the claim. 

8.
The Buyer is not entitled to the right to defective performance if the Buyer knew before resuming the article that the article has a defect or if the Buyer caused the defect itself.

9.
In the case of a justified claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month from the expiry of the warranty period.

10.
The buyer has the choice of the method of complaint, and the buyer chooses the method of complaint processing at the latest when the defect is notified to the seller. The Buyer does not have the right to modify the choice made, unless the Seller agrees.

11.
The rights and obligations of the Contracting Parties in respect of rights arising from defective performance are governed by Articles 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Law No. 634/1992 Coll., on consumer protection.

12.
Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the Seller’s Complaints Regulations.

VIII. Delivery


1.
The parties may provide written correspondence by e-mail.

2.
The Buyer will deliver the correspondence to the Seller at the email address indicated in these Terms and Conditions. The Seller will deliver the correspondence to the Buyer at the e-mail address provided in the Buyer’s customer account or order.

IX. Personal data

1. All information you provide when working with us is confidential and will be treated as such. Unless otherwise authorized in writing by you, we will not use your information for any purpose other than to perform the contract, with the exception of the email address to which commercial communications may be sent to you, as permitted by law, unless you refuse. These communications may only relate to like or related goods and may be refused at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The e-mail address will be kept for this purpose for 3 years after the conclusion of the last contract between the parties.

2. We determine your satisfaction with your purchase through electronic questionnaires as part of the Customer Verified Program, to which our online store participates. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with subsection 7(3) of Act 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires as part of the Verified by Customers program is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase from us. We use the Heureka.cz processor, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyze our market position; we can transmit information about the products you have purchased and your e-addressmail for these purposes. Your personal data is not transmitted to a third party for its own purposes when sending questionnaires by email. 

You may at any time object to sending questionnaires by e-mail as part of the Customer Verified program by rejecting other questionnaires by using the link in the e-mail with the questionnaire.

If you object, we will no longer send you the questionnaire.

3. For more information on data protection, please see the Privacy Policy HERE.

X. Alternative Dispute Resolution

1.
The Commercial Court of Nice is competent for the judicial settlement of consumer disputes arising from a purchase contract. The online dispute settlement platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between seller and buyer under the purchase agreement.

2.
The European Consumer Centre of France ............................................................................................................................................. Internet address: http://....................................................................... is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the on-line settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Online Consumer Dispute Resolution Regulation)

3.
The seller is authorized to sell goods on the basis of a commercial license.
The control of trade shall be carried out within the framework of its competence by the competent commercial authority. Among other things, the French Trade Inspection Authority monitors compliance with Law 634/1992 Coll., on consumer protection.

XI. Final provisions

1.
All agreements between the seller and the buyer are governed by the laws of the French Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the French Republic. This is without prejudice to consumer rights under generally binding legislation.

2.
The seller is not bound by any code of conduct with respect to the buyer within the meaning of paragraph 1826(1)(e) of the Civil Code.

3.
All rights on the seller’s website, in particular copyright in the content, including layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. You may not copy, modify or use the Website or any part thereof without the consent of the Seller.

4.
Seller shall not be liable for errors resulting from interference by third parties with the online shop or its use contrary to its purpose. The Buyer will not use any procedure in the use of the online shop that could have a negative effect on its operation and will not perform any activity that could enable it or allow third parties to interfere with the software or other components of the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or intent.

5.
The buyer hereby assumes the risk of a change of circumstances within the meaning of subsection 1765(2) of the Civil Code.

6.
The purchase agreement, including the terms, is archived by the seller in electronic form and is not accessible.

7.
The seller may modify or supplement the wording of the General Conditions. This provision does not affect the rights and obligations arising from the period of validity of the previous version of the Terms and Conditions.

8.
A sample withdrawal form is attached to the Terms and Conditions.

 

These Terms and Parts of this Agreement come into force on 02 05 2023.

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