SANTEKIN General Terms and Conditions of Sale
The present Contractual Conditions apply to any order placed by a customer on the Internet site of the company SANTEKIN, whose registered office is at 22 rue de Bienassis 38460 VILLEMOIRIEU.
1 - THE CONTRACT
1.1 Acceptance of the contract by the Customer
The Customer is fully aware that it is technically not possible to place an order on the SANTEKIN site without first having read and accepted these Contractual Conditions. Any order placed on the SANTEKIN site implies full and complete acceptance by the Customer of all these contractual documents. This will be evidenced by electronically ticking the box "I have read and accept the SANTEKIN Contractual Conditions" below and then clicking on the "Validate" button.
These Contractual Conditions may be subject to change, it being understood that the conditions applicable to you are those in force on the SANTEKIN site at the date of the order.
1.2 Opening a SANTEKIN account online
When placing the first order, the Customer registers on the SANTEKIN Site and provides information about himself, such as his surname, first names, postal address (for delivery and billing), e-mail address and telephone number.
By registering on the SANTEKIN site, the Customer certifies that he is of legal age and that he has full legal capacity to contract with SANTEKIN. The Customer certifies that the information thus provided is true, accurate, sincere and up-to-date. Under no circumstances can SANTEKIN be held responsible for the consequences of an erroneous statement. In addition, the Customer undertakes to inform SANTEKIN in writing of any change in his situation (in particular change of address, telephone number, e-mail address, etc.). The Customer expressly acknowledges that any failure to provide this information may prevent SANTEKIN from carrying out the contract properly, as SANTEKIN needs to know the exact identity and contact details of its Customers.
For more information on the management of personal data, the Customer is invited to consult the "Legal Notice" section. When registering, the Customer chooses an identifier and a confidential code (password) enabling him/her to identify himself/herself to the SANTEKIN site servers for placing the order and for subsequent connections. The Customer is advised that he/she alone is responsible for managing and keeping all the identification elements he/she has chosen. He undertakes not to reveal this personal and confidential information to a third party. Any instruction received by SANTEKIN which includes the above-mentioned identification elements is deemed to have been made by the Customer and SANTEKIN cannot be held responsible for any fraudulent use of these identifiers.
2 - PRODUCT ORDERS
2.1 Description of the products
The essential characteristics of the products are indicated on each descriptive card. The information provided includes the name of the product, its reference and a brief description. The Customer can also consult the photographs illustrating the products, it being specified that the delivered products can present minimal differences with the photographed articles.
In the event of hesitation as to the choice of a product or doubt as to its characteristics or method of use, and more generally for any question concerning the products offered, the Customer is informed that SANTEKIN's sales teams remain at his or her disposal to provide any additional information that he or she may consider useful.
2.2 Right of withdrawal
The Customer has a period of seven (7) clear days from delivery to return any product ordered without having to justify his reasons or pay any penalties, although the cost of returning the product will be borne by the Customer.
When the seven (7) day period expires on a Saturday, Sunday or holiday, it is extended to the next business day. The Customer may waive this time limit in the event that he is unable to travel and at the same time needs to call upon an immediate service necessary for his living conditions. In this case, he would continue to exercise his right of withdrawal without having to justify his reasons or pay penalties.
The Customer is fully advised that the right of withdrawal authorizes him to test the product but not to make a current use of it. The returned product must indeed be suitable for marketing. Thus, the Customer loses the benefit of his right of withdrawal, if the purchased product presents marks of use.
As regards single-use products such as tapping strips or products intended to be in contact with the skin or body, the right of withdrawal cannot be exercised by the Customer if the product has been used in whole or in part or if the hygiene cellophane inside the packaging has been damaged.
Customers exercising their right of withdrawal must return the products in their original packaging to the following address SANTEKIN, 22 rue de Bienassis - 38460 VILLEMOIRIEU
The Customer shall be reimbursed for the sums paid as soon as possible and at the latest within thirty (30) days of the date on which the right of withdrawal was exercised.
2.3 Terms of delivery
Delivery costs vary according to the weight, size, number of products ordered, the country of delivery and the chosen carrier. The Customer will be informed of the amount of the delivery costs before the final validation of his order.
SANTEKIN delivers its products in France, Belgium, Luxembourg and Switzerland. In the event of delivery outside French territory or in the French Overseas Departments and Territories, the Customer must find out about the conditions for importing the products ordered into the country of delivery and it is his responsibility to make any corresponding declaration and/or payment to the competent local authorities.
The Customer is expressly advised that the products offered on the SANTEKIN site are intended for European Union countries and that it is his responsibility to check that the products ordered comply with the legislation and regulations of the country of delivery. SANTEKIN cannot therefore be held responsible for any harmful consequences linked to the incompatibility of these products with the regulations of the country of delivery.
Delivery is carried out by an external service provider. The Customer is required to check the condition of the goods on delivery and to report any damage or missing items to the transport service provider. SANTEKIN delivers to the Customer within thirty (30) days of the order being validated and paid for. SANTEKIN is fully released from its obligation to deliver when the Customer receives the goods. The risks of loss, theft or deterioration of the products are then transferred to the Customer, including for products sold with a retention of title clause. The products are offered within the limits of available stocks. Indications on the availability of the products appear on the article sheets as well as on the order form.
If it turns out that a product ordered is in fact unavailable, SANTEKIN immediately informs the Customer by e-mail and proposes a new delivery date. If this delivery time is not convenient, the Customer may request the cancellation of the sale of the unavailable product and obtain, where appropriate, a refund of any sums paid in this respect.
The guarantee of the products is one year unless otherwise specified. Certain guarantees may be longer depending on the manufacturer's recommendations.
Products sold on the SANTEKIN Site are covered by the legal guarantee of conformity, in application of the provisions of articles L.211-1 to L.211-14 of the Consumer Code. Article L. 211-4 of the French Consumer Code stipulates that: "The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 211-5 of the Consumer Code states that:
"To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where appropriate :
- Correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- To present the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Given the terms of distance selling, SANTEKIN cannot accept specific requests made by the Customer nor can it undertake to supply products intended for a special use sought by the latter. SANTEKIN cannot therefore be held responsible for the unsuitability of the products supplied for the particular objectives pursued by the Customer.
In the event of hesitation as to the choice of a product, the Customer is invited to contact the SANTEKIN sales teams.
In accordance with article L. 211-12 of the French Consumer Code, "the action resulting from the lack of conformity is prescribed by two years from the date of delivery of the goods".
2.5 Reservation of ownership
The customer is clearly informed that the goods sold remain the property of the seller until full payment of their price in principal and interest. Any clause to the contrary shall be deemed to be unwritten, including when it appears in the Customer's purchase conditions. In the event of non-payment of the price on the due date, SANTEKIN may reclaim the products and cancel all sales that have not given rise to effective payment. This clause shall remain in full force and effect until the price has been received in SANTEKIN's accounts. These provisions do not prevent the transfer of risks of the goods sold upon receipt by the Customer.
The Customer undertakes not to transform or incorporate the said goods, nor to resell them or pledge them, until the price has been paid in full, under penalty of immediate reclamation of the goods. The Customer also undertakes to inform SANTEKIN of any event likely to affect the effective implementation of this clause (damage affecting the goods, seizure proceedings, opening of collective proceedings, etc.).
3 - TEACHING AIDS
3.1 Description of the teaching materials
The essential characteristics of the teaching aids are specified on the description sheets, the title, the theme, the author of the course, the questions addressed as well as the duration during which the course is made available to the Customer.
The Customer is fully aware that consultation of the teaching materials cannot be considered as participation in professional training or distance learning, as no teaching assistance is provided to the Customer and no follow-up is provided by SANTEKIN. The sums paid by the Customer to consult these SANTEKIN materials cannot therefore be validly charged to professional training expenses. No training certificate will be issued.
In the event of hesitation about the choice of a course or in the event of doubt about the content of a teaching aid, the Customer may call the SANTEKIN sales teams for further information.
3.2 Methods of provision
After validation of the order and effective payment of the price, the Customer can access the chosen products on the SANTEKIN site. To this end, a login and password are sent by e-mail to the address given when the order was placed.
In order to be able to access the courses offered by SANTEKIN, the Customer must have the following computer configuration: (detail the technical requirements: connection speed, hardware and software needed)
Failing this, SANTEKIN cannot guarantee that the Customer will have effective access to the products chosen.
3.3 No right of withdrawal
The Customer has no right of withdrawal for the provision of educational materials. Indeed, in application of the provisions of Article L. 121-20-2 of the Consumer Code, this service is provided, at the request of the Customer, before the expiration of the seven (7) day withdrawal period, which the latter expressly acknowledges and accepts.
4 - GENERAL INFORMATION
4.1 Paying for purchases
To place an order, the Customer selects the products he/she wishes to purchase by clicking on the "Add to cart" button in the corresponding product description. The Customer can then check and, if necessary, rectify the details of his order and check the total price on the "Basket" page. To express his agreement, the Customer clicks on the button "Complete the order" then "Validate". Payment, due at the time of ordering, is made by credit card or by bank transfer to a French bank located in metropolitan France.
If the Customer chooses to pay by credit card, he/she is redirected to the secure site of an external service provider in whose hands the payment is made. To make this payment, the Customer provides the following banking information:
- Credit card number,
- Expiry date of the card
- Visual cryptogram on the back of the card
The Customer certifies that he/she is the holder of the bank card whose information he/she communicates and that he/she holds all the necessary rights to use it.
The payment made via the services of the partner site implies full acceptance, by the Customer, of the general conditions of service established by the provider.
If the Customer chooses to pay by bank transfer, he/she is directed to a page detailing the terms and conditions of payment by bank transfer and in particular the IBAN to which it must be made.
If the Customer agrees with this way of proceeding, he/she clicks on the "Validate the order" button. A confirmation page will then appear, it being specified that the final validation and processing of the order will only take place upon receipt of the confirmed transfer to the bank account.
The Customer is fully aware that the contract is only concluded once the sums due have been effectively cashed into SANTEKIN's bank account. No shipment or provision of goods is made prior to collection. A confirmation e-mail is sent to the Customer at the address he/she gave when opening his/her account, after the transaction has been definitively validated.
The prices are indicated in Euros, including all taxes and excluding delivery charges.
All orders are payable in Euros. The Customer is informed of the amount of the delivery charges before the final validation of his order.
The Customer is expressly advised that certain products offered on the SANTEKIN site are medical devices, i.e. products intended to be used for the prevention, control, treatment or alleviation of a disease or injury. They are not, therefore, innocuous products. In case of doubt as to the choice or use of these devices, the Customer is invited to seek advice from his veterinarian.
SANTEKIN cannot therefore be held responsible for any injury suffered or inflicted by the Customer as a result of incorrect use of these products.
SANTEKIN reminds you that only persons authorised by law may practise massage or medical gymnastics and use the products sold on the SANTEKIN Site on third parties.
SANTEKIN endeavours to ensure continuous access to the teaching materials ordered by the Customer. However, the Customer is advised that this service is provided subject to maintenance and servicing periods, server upgrades and any exceptional interruptions.
SANTEKIN shall not be held responsible for the unavailability of the service due in particular to disruptions in the Internet or electrical network. The Customer acknowledges that he/she has the Internet connection, hardware and software required to consult the online courses.
SANTEKIN cannot be held responsible if the Customer's computer configuration is inadequate.
SANTEKIN endeavors to control the quality of the information contained in the teaching materials but cannot guarantee its accuracy, relevance, timeliness or completeness.
4.3 Archiving and proof of transactions
The Parties agree that any information from SANTEKIN's computer system shall have evidential value in the event of a dispute relating to the interpretation or execution of these Contractual Conditions. The information necessary to establish proof of agreements concluded with the Customer shall be kept for a period of ten (10) years.
4.4 Data processing and liberties
In accordance with the Legal Notice of the SANTEKIN Site, the personal information collected by SANTEKIN is used (1) for statistical purposes on the number of visitors to the site, (2) for monitoring and managing your order and (3) for commercial prospecting and monitoring customer relations.
Information collected for statistical purposes is kept for a period of one year from the date of your last visit to the SANTEKIN Site.
Information concerning Customers is kept for as long as is necessary to manage the commercial relationship, with the exception of that necessary to establish proof of a right or contract, which may be archived for a period of ten (10) years.
Information relating to prospects is kept for a period of one year from the last contact on their part. It is then automatically deleted from SANTEKIN's databases. In accordance with the provisions of articles 38 and following of law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, you have the right to access, communicate, rectify, update and delete personal data concerning you.
To exercise any of these rights, you can send a letter to the following address SANTEKIN 22 rue de Bienassis - 38460 Villemoirieu - France or by e-mail to: firstname.lastname@example.org
4.5 Applicable law
The contract concluded between the Customer and SANTEKIN is subject to French law, whatever the nationality of the Customer or the country where the product was ordered or delivered.