These sales conditions are concluded on the one hand by the company HealthWorks France with a capital of 5000 Euro whose head office is located at 6 rue de Castellane, 75008 Paris, registered in the Paris Trade and Companies Register under number 514 959 220 hereinafter referred to as "HealthWorks France" and managing the site https://www.medactiv.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website https://www.medactiv.com hereinafter referred to as " the buyer ".
Article 1. Object
These terms of sale aim to define the contractual relations between HealthWorks France and the buyer and the conditions applicable to any purchase made through the website https://www.medactiv.com. The acquisition of a product through this site implies an unreserved acceptance by the buyer of these terms of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site https://www.medactiv.com is unrelated to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him to commit under these general conditions of sale.
HealthWorks France reserves the right to modify these terms of sale at any time in order to comply with any new regulations or to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Customs and Import Rights
Customs duties are fees applied to gifts or goods sent to the UK from outside the EU. This only becomes payable if your order exceeds £135. The carrier will pay this to HMRC on your behalf, but you will probably have to reimburse this upon receipt of your purchase. Customers ordering from the UK or the USA are responsible for paying local taxes and duties when importing products into their respective countries.
Article 3. Products
The products offered are those listed on the HealthWorks France company's website https://www.medactiv.com, within the limits of available stocks. Healthworks France reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description listing its main technical characteristics. The photographs are as accurate as possible but do not bind the Seller. The sale of the products presented in the site https://www.medactiv.com is intended for all buyers residing in countries that fully allow the entry of these products onto their territory.
Article 4. Rates
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the applicable VAT on the day of the order. Any change in the VAT rate may be reflected in the price of the products. HealthWorks France reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 5. Order and payment terms
Before any order, the buyer must create an account on the site https://www.medactiv.com. The account creation section is accessible directly from the sidebar menu. On each visit, the buyer, if he wishes to order or consult his account (order status, profile...), must identify himself using this information. HealthWorks France offers the buyer to order and pay for his products in several stages, with 2 payment options to choose from:
- Payment by bank transfer: the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by bank transfer". Finally, the last step offers him to check all the information, read and accept these general sales conditions by ticking the corresponding box, then invites him to validate his order by clicking on the button "Confirm my order". This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank to make the transfer corresponding to the amount of his order to the bank account of HealthWorks France, the details of which are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. HealthWorks France will ship the products no later than 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
- Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by Paypal". The next step offers him to check all the information, read and accept these general sales conditions by ticking the corresponding box, then invites him to validate his order by clicking on the button "Confirm my order". Finally, the buyer is redirected to the secure PAYPAL interface to securely enter his Paypal account or personal credit card details. If the payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of it, the buyer can demand the cancellation of the card payment, the sums paid will then be re-credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain the refund of the fraudulent debit and any bank charges that the operation may have generated, the cardholder must dispute in writing the withdrawal with his bank, within 70 days following the operation, or 120 days if the contract linking him to it provides for it. The amounts debited are refunded by the bank within a maximum period of one month after receipt of the written dispute formed by the cardholder. No charge for the refund of the sums can be charged to the holder.
The confirmation of an order implies acceptance of these terms of sale, the recognition of having perfect knowledge and the waiver of its own purchase conditions. All the data provided and the recorded confirmation will serve as proof of the transaction. If the buyer has an email address and if he has entered it on his order form, HealthWorks France will communicate to him by email the confirmation of the registration of his order.
If the buyer wishes to contact HealthWorks France, he can do so either by mail at the following address: HealthWorks France, 6 rue de Castellane, 75008, Paris; either by email at the following address: hello@medactiv.com, or by phone at 01 42 66 15 59.
Article 6. Reservation of ownership
HealthWorks France retains full and complete ownership of the products sold until full receipt of the price, in principal, fees and taxes included.
Article 7. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 8. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO, delivery service with tracking, delivery without signature. Delivery times are indicative only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. HealthWorks France can provide the buyer with the tracking number of his parcel by e-mail. The buyer is delivered to his home by his postman. In case of absence of the buyer, he will receive a notice of passage from his postman, which allows him to pick up the ordered products at the nearest Post Office, during a period indicated by the postal services. The risks associated with transport are the responsibility of the buyer from the moment the items leave the premises of HealthWorks France. The buyer is obliged to check in the presence of the Post Office or the deliveryman, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 9. Warranty
All products supplied by HealthWorks France benefit from the legal warranty provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned to HealthWorks France which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by mail to the following address: HealthWorks France, 6 rue de Castellane, 75008, Paris, within thirty days after delivery.
Article 10. Liability
HealthWorks France, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be engaged for a damage resulting from the use of the Internet network such as data loss, intrusion, virus, break of the service, or other involuntary problems.
Article 11. Intellectual Property
All elements of the site https://www.medactiv.com are and remain the intellectual and exclusive property of HealthWorks France. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 12. Personal Data
HealthWorks France undertakes to preserve the confidentiality of the information provided by the buyer, which he would transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the Internet user has a right of access, modification and deletion of the information concerning him. He can request it at any time by mail to the following address: HealthWorks France, 6 rue de Castellane, 75008, Paris.
Article 13. Dispute Resolution
These distance selling conditions are subject to French law. For all disputes or litigation, the competent Tribunal will be that of Paris.