GENERAL TERMS AND CONDITIONS OF SALES

Le 03/10/16

Preambule

These General Terms and Conditions of Sale shall apply exclusively between AESTHETIC GROUP, a Simplified Joint-Stock Company under French law with its registered office at ZA LA GOBETTE – 60540 PUISEUX LE HAUBERGER (France), registered with the Trade and Companies Register of Compiègne under the number 504 395 682 (hereinafter the “Company” where appropriate), and any person visiting or making a purchase through the website www.aestheticgroup.fr (hereinafter the “Customer”).

The purpose of this website is to sell, via said website www.aestheticgroup.fr, ranges of medical devices reserved for use by licensed health professionals and dermo-cosmetic products used in aesthetic medicine, plastic surgery, dermatology, mesotherapy and sports medicine.

Any user may view these General Terms and Conditions of Sale (hereinafter “GTCS” where appropriate) on the website www. aestheticgroup.fr (hereinafter the “Website” where appropriate). As these General Terms and Conditions of Sale may be subject to change, the terms applicable shall be those in force on the Website as at the date the order is placed.

The following definitions shall apply in these General Terms and Conditions of Sale:
- “Customer” shall refer to any person legally able to sign contracts concerning the trade in goods and services, and authorised to use a credit/debit card under the terms set out in Article 5 below.
- “Supplier” shall refer to any company having directly sold products or having authorised AESTHETIC GROUP to sell one of its products on the website www. aestheticgroup.fr.
- “Order” shall refer to each order placed by a Customer according to the terms set out herein.
- “Carriers” shall refer to the companies upon which AESTHETIC GROUP relies to deliver products to the Customer.

The placement of an order by the Customer on the Website www. aestheticgroup.fr shall imply express acceptance of these GTCS, which the Customer acknowledges having read prior to placing the order.

ARTICLE 1 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The purpose of these General Terms and Conditions of Sale is to:
- Govern all relations between the Company and the Customer, from placement of an order for products on the Website to delivery of these products to the address indicated by the Customer upon placing the order.
- Define the rights and obligations of the Parties within the context of the sale of products by AESTHETIC GROUP to the Customer.

ARTICLE 2 – CHARACTERISTICS OF THE PRODUCTS OFFERED

The products for sale are those listed in the catalogue published on the Website www.aestheticgroup.fr.

Each product is accompanied by a description prepared by the Company.

The photographs in the catalogue are as accurate as possible, but cannot guarantee a perfect resemblance to the product offered.

All of the text and photographs are protected throughout the world by copyright and intellectual property rights – their reproduction, even partial, is strictly prohibited – and are not contractually binding.

ARTICLE 3 – ORDER

3.1 Signing in to the Website www. aestheticgroup.fr

Before placing an order, the Customer must sign in to the Website www. aestheticgroup.fr and click on the “Shop” link on the homepage.

3.2 Selecting products

Once signed in to the “Shop” area of the Website, the Customer will be able to view all products offered by the Company and select the desired product(s) by clicking on the “Add to Cart” link.

At any time, the Customer can view their order summary and change it by clicking on the “Cart” link.

The products are presented subject to stock availability.

3.3 Confirming the order

Once the desired products have been selected, the Customer will be asked to confirm their basket by clicking on “Proceed to check out”.
To facilitate processing, the Customer must provide information, which they confirm to be accurate, concerning the name of their company, a VAT number where applicable to receive pre-tax prices in the euro area, their first and last names, geographic and electronic addresses, telephone number, payment card type, number, expiry date and security code, and their personal password.

The data recorded by AESTHETIC GROUP shall constitute proof of the type, content and date of the order.

3.4 Electronic signature

By "Clicking" to confirm the order shall constitute an electronic signature with the same legal status as a handwritten signature. Any order summary that the Customer confirms by “Clicking” shall therefore constitute an irrevocable commitment on their part.

All orders placed will generate a confirmation e-mail. It is the responsibility of the Customer to retain this document, which constitutes proof of their order.

In accordance with its legal obligations, AESTHETIC GROUP shall systematically archive proof of orders and invoices. The Customer may contact the Company to request access to these archives.

ARTICLE 4 – PRICING

All orders are payable in euros.

Product pricing is subject to change on a daily basis. The prices invoiced shall be those in force on the day the order is placed, stated in the product descriptions and on the order summary.

The prices shown are inclusive of VAT. Any changes in the applicable VAT will be reflected in the product pricing.

Shipping and handling fees will be billed in addition to the order price.

ARTICLE 5 – REMOTE PAYMENT

The Customer shall pay for their purchases exclusively by credit/debit card (Carte Bleue, VISA, Eurocard / MasterCard) after confirming the order and accepting these General Terms and Conditions of Sale.

The Customer will be connected immediately to the Bank server on which AESTHETIC GROUP is authenticated as a retailer.

The Customer must then select their payment card type, number, expiry date and security code (three-digit code on the back of the card) before confirming the information entered.

In doing so, the Customer guarantees AESTHETIC GROUP that they are fully entitled to use the said card and that they have sufficient funds in the associated bank account to cover all costs resulting from the order. In the event of refusal by the bank or if there are insufficient funds, the order will automatically be cancelled.

An order confirmation will be generated automatically by the Website and sent by e-mail to the address entered by the Customer.
AESTHETIC GROUP shall retain ownership of the order until payment has been made and received in full.

Consequently, AESTHETIC GRPOUP may refuse to deliver or to honour an order, as well as suspend or close a Customer’s account, where a payment dispute is pending or where there is suspicion of fraud.

All information exchanged during payment processing is encrypted using the SSL protocol. This data cannot be detected, intercepted or used by third parties.

Nor shall it be stored in the AESTHETIC GROUP information systems.

ARTICLE 6 – DELIVERY

All times indicated are calculated in working days. The delivery date is calculated taking into account preparation and handling times in addition to the delivery time of the carrier (hereinafter the “Carrier”) selected from among those offered by the Company.

The products will be delivered to the delivery address specified by the Customer during the order process.

AESTHETIC GROUP shall not be held responsible for any delivery delays or errors where errors have been made by the Customer regarding their surname, first name, address or telephone number. Should this be the case, return shipping fees shall be borne by the Customer and the delivery times will be substantially delayed.

Shipping fees are calculated based on the weight of the order and the destination country, and are added to the price as indicated in Article 4 herein.

Depending on the destination city or country, product deliveries shall be made as follows:
- In Metropolitan France, deliveries will be made by express carrier UPS.
Or by La Poste (Colissimo service) depending of customer’s choice.
- For all international orders, deliveries will be made by express carrier UPS or forwarding agent.

Once their order has been dispatched from the Company’s premises, an e-mail will be sent to the Customer indicating the unique tracking number allocated to their parcel, so that they may track its progress using the Carrier’s website, where available.

Regardless of the mode of transport, the Customer or the recipient of the order must sign a distribution slip or acknowledgement of receipt. This acknowledgement of receipt shall constitute proof of delivery by AESTHETIC GROUP and of receipt, by the Customer or the recipient of the order, of the products ordered.

If the Customer is unavailable on the delivery date, a delivery notice will be left in their post box.

Depending on the instructions provided, the Customer will need to contact or will be contacted by the Carrier to arrange a new delivery date. The Customer shall undertake to be present.

Otherwise, delivery will not be possible and the return shipping fees shall be borne by the Customer.

No dispute concerning the delivery itself shall be admissible if the parcel is reported as delivered.

Once the delivery has been completed as described above and the product handed over to the Customer, they must verify its condition and contents, and immediately report any reservations to the Carrier if justified. The Customer may even refuse the parcel if it arrives at its destination opened or showing clear signs of damage. Parcels must be delivered in perfect condition.

In the event a parcel is not received within a maximum of three weeks after the order date for reasons that cannot be attributed to AESTHETIC GROUP, or in the event the parcel received does not match the order placed on the Website www.aestheticgroup.fr, the Customer may cancel their order and contact AESTHETIC GROUP regarding this matter.

Any claim made after this period may be rejected without the Customer having any recourse, and the sale shall be considered complete.

AESTHETIC GROUP shall not be held responsible for any consequences arising from a delayed delivery or the loss of a parcel by the Carrier.

ARTICLE 7 – CUSTOMER RELATIONS AND AFTERSALES SERVICE

For additional information, questions or claims, the Customer may contact AESTHETIC GROUP.
By post: AESTHETIC GROUP – ZA LA GOBETTE – 60540 PUISEUX LE HAUBERGER (France).
By telephone: +33 (0)3 44 74 19 95, Monday to Friday from 8:30 am to 17:30 pm.
By e-mail: info@aestheticgroup.fr , 24/7.

ARTICLE 8 – RIGHT OF WITHDRAWAL

8-1 Withdrawal procedures

In accordance with the legal provisions in force, the Customer shall have fourteen days from the receipt of the product to exercise their right of withdrawal with the Company, without having to state the reason or pay any penalties.

In the event the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed. The Customer shall remain responsible for any return shipping fees.

Returns must be made in their original and complete condition (packaging, accessories, notices, etc.) enabling them to be resold as new, and must be accompanied by a copy of the invoice.

8-2 Products excluded from the right of withdrawal

In accordance with the regulations in force and given the specific nature of the products, the right of withdrawal may not be exercised for products where sterilisation might be compromised.

8-3 Return address

Returns must be sent to:
AESTHETIC GROUP
ZA LA GOBETTE – 60540 PUISEUX LE HAUBERGER (France)

ARTICLE 9 – LIABILITY & FORCE MAJEURE

All information available on the Website www.aestheticgroup.fr is provided for information purposes only (text, illustrations, photos and videos are non-binding).

AESTHETIC GROUP shall make every effort to provide the Customer with verified information, but may not be held liable for any potential errors or for the Customer’s own usage of the products, nor any related damages of any kind, both tangible and intangible or bodily injury, resulting from the malfunction or misuse of the products.

In all cases, AESTHETIC GROUP’s liability shall be limited to the amount of the order. AESTHETIC GROUP may not be held liable for any stock shortages or product unavailability, force majeure (as defined by the law and case law), disruption or full or partial strikes in particular of the postal services and means of transport and/or communication, floods, or fires which may delay or prevent execution of the contract and thus delivery of the order.

Therefore, in the aforementioned cases in this article, the Customer may not claim any compensation in the event of a delay or failure to execute the contract.

ARTICLE 10 – DATA PROTECTION

AESTHETIC GROUP shall undertake to protect all personal data entrusted to it by the Customer when placing their order and which is required for processing the said order.

The file containing Customers’ personal data held by AESTHETIC GROUP is subject to a declaration to the French Data Protection Authority (CNIL).

Pursuant to the provisions of French law no. 78‐17 of 6 January 1978 on Data Protection, amended by law no. 2004-801 of 6 August 2004, provided they prove their identity, the Customer shall have the right to request that the personal data concerning them be corrected, completed, updated, locked or deleted if it is inaccurate, incomplete, ambiguous or outdated, or if the collection, use, communication or storage of such data is prohibited.

The Customer is also entitled to object, for legitimate reasons, to the processing of personal data concerning them. However, this objection shall make placing an order and/or delivering said order impossible.

The Customer may exercise these rights by sending a letter with proof of identity enclosed to the following address: AESTHETIC GROUP – ZA LA GOBETTE – 60540 PUISEUX LE HAUBERGER (France).

AESTHETIC GROUP is responsible for the collection and processing of this data, the contact details for which are provided below. This data shall be used exclusively for the purposes of processing the Customer’s order and shall not be divulged to third parties without their prior consent. If the Customer should so wish, they may receive commercial offers from the Company and its trading partners.

ARTICLE 11 – INTELLECTUAL PROPERTY

“AESTHETIC GROUP / DISPODERM / LIPO-one / EVOLUTIV’ / INEX / MESALYSE” are registered trademark.

Nothing herein may be interpreted as conferring any transfer whatsoever of the intellectual property rights to this trademark for the benefit of the Customer.

The Website www.aestheticgroup.fr and all of the elements it contains (text, photographs, videos and audio) are protected by intellectual property law and are the exclusive property of AESTHETIC GROUP.

Any reproduction or representation is prohibited, subject to the legal exceptions in force.

ARTICLE 12 – APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are subject to French law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship between the Company and the Customer shall be subject to the exclusive competence of the French courts.

ARTICLE 13 – LEGAL NOTICES

The publisher of the Website www.aestheticgroup.fr is AESTHETIC GROUP, a Simplified Joint-Stock Company under French law with its registered office at ZA LA GOBETTE – 60540 PUISEUX LE HAUBERGER (France), registered with the Trade and Companies Register of Compiègne under the number 504 395 682, represented by its CEO François Baptendier.