These general terms and conditions govern exclusively the contractual relations between www.m3pharmacie-magnien and any person consulting the site http://www.m3pharmacie-magnien.fr or wishing to make the purchase of one of the products proposed on this site . These conditions apply to the exclusion of all other conditions, in particular those which are in force for sales in pharmacy. By browsing on http://www.m3pharmacie-magnien.fr or by ordering one of the products offered on this site, the Customer agrees to be bound by these conditions that apply to any offer, order and agreement between the customer and the company, as well as any transaction necessary for their execution.
The legal information of the site http://www.m3pharmacie-magnien.fr are:
The website is published by Cometik Group, 67 rue d'Angleterre - 59000 Lille FRANCE
- Rue Raphael, 21 - 5060 Falisolle BELGIUM
- C / Rossello, 254 - 2 ° 1 - 08037 Barcelona SPAIN.
The website is hosted by OVH, 2 RUE KELLERMANN- 59100 ROUBAIX
Contact details of m3pharmacie-magnien
13 rue de la liberty 21140 SEMUR EN AUXOIS
Telephone: 03 80 97 11 42 Fax: 03 80 92 68 17
Contact email: via the "contact us" link on the website http://www.m3pharmacie-magnien.fr
Opening hours: Monday to Saturday from 9h to 12h and from 14h to 19h
These conditions are available to everyone on the merchant website of http://www.m3pharmacie-magnien.fr
m3pharmacie-magnien reserves the right to modify at any time these terms and conditions subject to showing these changes on its website.
The patient must accept the general conditions of sale before payment. These general conditions of sale are equivalent to an electronic contract.
Article 1 - Price
The prices of our products are indicated in euros all taxes included (VAT) excluding the cost of processing and shipping (see Shipping costs). The shipping costs applicable to the Customer's order are communicated during the ordering process and varies according to the weight.
In case of order from a country other than metropolitan France you are the importer of the product concerned. For all products shipped outside the European Union and DOM-TOM, prices will be calculated according to customs duties or other local taxes or import duties or state taxes.
These rights and sums are not within the purview of www.m3pharmacie-magnien. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to inquire about these aspects with your local authorities.
All orders, whatever their origin, are payable in Euros.
m3pharmacie-magnien reserves the right to change prices at any time. However the products will be billed based on the rates in effect at the time of registration of the orders, subject to availability.
The products remain the property of m3pharmacie-magnien until full payment of the price.
Only drugs are not intended to be sold outside mainland France.
The list of medicines that can be sold on the Internet is available on the website of the National Agency for the Safety of Medicines and Health Products (ANSM).
The pharmacist can not accept an order from a minor under the age of sixteen.
The order fees are not decreasing depending on the volume ordered.
Orders are made directly on the site http://www.m3pharmacie-magnien.fr. Any order implies acceptance of prices and product descriptions. Orders must be confirmed by m3pharmacie-magnien.
Contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery.
www.m3pharmacie-magnien reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order.
In addition, m3pharmacie-magnien reserves the right to refuse orders and therefore deliveries without having to justify its decision in case of problem found on the operation of the database. This includes all attempts at fraud or circumvention of the verification protocols put in place for the safety of the consumer.
Specificities related to Pierre Fabre Dermo Cosmetics:
The sale of all Pierre Fabre Dermo Cosmetics ranges (A-derma, Avene, Ducray, Elancyl, Klorane, Galenic and René Furterer) is limited to the European Economic Area.
Any sale made outside this economic area will be immediately refunded.
European Economic Area: Germany, Austria, Belgium, Bulgaria, Cyprus (Greek part), Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Iceland, Liechtenstein, Norway.
In addition, Pierre Fabre Dermo Cosmetics (A-derma, Avène Thermal Water, Ducray, Elancyl, Klorane, Galénic and René Furterer) limits the sale of its Products to 6 identical references sold to the same end user during a period of 15 consecutive days. We are required to inform Pierre Fabre Dermo Cosmetics for any delivery request that exceeds this number.
Article 2a - Order for medicinal products
It is not imposed a minimum threshold of purchases, order a single medicine is possible.
Before any order, a questionnaire about the condition of the person is filled in by the patient.
The order must not exceed the exemption doses granted by active principle, cf. in article R.5132-2 of the CSP, so that the drug remains not subject to compulsory medical prescription.
Before any validation of the order, the pharmacist ensures the absence of contraindication and drug interaction. Otherwise, the order is blocked and the patient contacted to explain the reasons and issue the appropriate advice.
The drugs on sale come directly from the stock of the pharmacy.
Orders must be placed without brokers in accordance with article L.5125-25 of the CSP.
Article 3 - Validation
You declare that you have read and accepted these General Conditions of Sale before placing your order. The validation of your order is therefore acceptance of these Terms and Conditions of Sale.
The Customer acknowledges that the data recorded by http://www.m3pharmacie-magnien.fr constitute proof of all transactions between m3pharmacie-magnien and its customers.
Article 4 - Availability
Our product offers and prices are valid as long as they are visible on the site, while stocks last. In the event of a temporary unavailability of product after placing your order we will notify you by mail or mail as soon as possible.
In the event of prolonged unavailability (more than 2 months), your order will be automatically canceled and you will be refunded to your bank account or by check.
Article 5 - Delivery
Shipping costs are offered from € 130 (but packages under 5kg) in France and some European countries.
The products are delivered to the delivery address you specified during the ordering process. The times indicated are usual average times and correspond to the processing and delivery times. http://www.m3pharmacie-magnien.fr can not be held responsible for the consequences due to a delay in delivery.
In case of deliverable items at different dates given their availability, the delivery time is based on the longest time. m3pharmacie-magniense however reserves the possibility of splitting the deliveries. Participation in the processing and shipping fees will only be charged for one shipment. In this case, an email will be sent to you.
In case of absence of the Customer or error in the wording of the delivery address rendering the delivery impossible, it is up to the Customer to agree on a new delivery with the carrier. The additional costs thus incurred will be borne by the Customer.
In case of delay in delivery, 7 days minimum after departure from the pharmacy, you must let us know by email with the order number, so that our services request an investigation to La Poste or any other carrier in charge of delivery.
m3pharmacie-magnien declines any responsibility as for the lengthening of the delivery periods because of the carrier, in particular in case of loss of the products or strike, because of this no refund or compensation can be paid.
Article 5a - Delivery of medicinal products
Delivery can only be made directly to the patient's home or directly to the pharmacy.
The delivery must comply with the requirements of Articles R / 5125-47 to R / 5125-49 of the CSP.
The pharmacist informs the patient that he must check on delivery the safety devices on the outer packaging to verify that the medicines received have not been forged.
Article 6 - Payment
Payment of your purchases is made by credit card (Visa, MasterCard, Carte Bleue) or check.
The invoice includes the name and qualification of the pharmacist (holder or assistant) who dispensed the medicine and the address of the pharmacy.
The invoices are archived by the pharmacist to ensure the traceability of the medicines delivered.
Article 7 - Security
The website of m3pharmacie-magnien is the subject of a security system: We have adopted the SSL encryption process and we have also strengthened all the scrambling and encryption processes to protect all the data as efficiently as possible. sensitive payment methods (See Payment Security).
Article 8 - Conformity of products
If, on delivery, the product:
- does not correspond to the order
- present defects
- is damaged
The Customer may request a refund or exchange within 7 working days from the day after the day of delivery, provided that the product is in its original packaging and not used.
The product and the request for exchange or refund must be sent, at the expense of the Customer, together with a photocopy of the invoice to the following address:
m3pharmacie-magnien 13 rue de la liberty 21140 SEMUR EN AUXOIS
No sending against payment will be accepted, whatever the reason. The return costs will be refunded on request and on proof that you will attach to your request for exchange or refund.
Products opened, damaged or soiled by the Customer are never refunded or exchanged.
In case of abusive returns, the Company reserves the right to refuse any subsequent order.
Article 9 - Refund
Refunds of products in the cases referred to in Article 8 will be made within a period of 30 days or less after the receipt of the products by us.
Reimbursement will be made at the discretion of m3pharmacie-magnien by credit to your bank account or by check sent to the name of the customer who placed the order and to the billing address. No sending against payment will be accepted, whatever the reason.
Article 10 - Customer Service
For any information or question, our customer service is at your disposal by email: via the link "contact us" on the website http://www.m3pharmacie-magnien.fr
By post to the following address:
13 rue de la liberty 21140 SEMUR EN AUXOIS
By phone: 03 80 97 11 42 Monday to Saturday from 9h to 12h and from 14h to 19h
For any information or question about the site http://www.m3pharmacie-magnien.fr and its operation send an email via the link "contact us" on the site http://www.m3pharmacie-magnien.fr
Article 11- Retraction
In accordance with the provisions of articles L121-21 and following of the Consumer Code, the Customer has a period of 14 days to communicate his will to withdraw from the date of receipt of his order and thus return at the latest within 14 days, any product with m3pharmacie-magnien for refund, without having to justify reasons, nor to pay penalties.
When the period expires on a non-working day, it is extended to the next business day. The order is fully refunded, including the costs in the case of delivery, but the shipping costs are reimbursed at the normal rate (slow rate).
The burden of proving the exercise of the right of withdrawal rests with the Customer.
The product must be complete, in its original packaging, unopened and be suitable for re-marketing. In the opposite case, m3pharmacie-magnien reserves the right to refuse the return or to apply a discount on the reimbursement as compensation.
The costs of returning products to m3pharmacie-magnien are the full cost of the Customer, regardless of the costs incurred by the latter in this regard.
If the conditions are met the Customer will be reimbursed pecuniarily, under the same payment conditions used at the time of purchase and at the latest within a period of 14 days maximum after receipt of the product.
Article 11 - bis - No right of withdrawal in case of order for medicinal products
The right of withdrawal is impossible to the extent that medicines of medicinal medication are health products which because of their nature are likely to deteriorate. The absence of the right of withdrawal is also justified by the security requirements of the supply chain.
The absence of right of withdrawal is indicated in a clear and readable way before validation of the order and is expressly mentioned within the general conditions of sale.
The patient can return the medication to the pharmacist only at the express request of the pharmacist in case of batch recall.
Article 12: Claims in case of order of medicines
For delivery errors, that is to say in cases where the patient receives a product other than that ordered or a deteriorated product, reimbursement and re-dispatching procedures by the patient are provided and are clearly described according to Article 8 .
The product will be destroyed in accordance with the legislation in force.
Any returned item (in case of error or defective packaging) can not be put back in the circuit of the sale.
Article 13 - Legal guarantees
In accordance with articles L211-4 and following of the Consumer Code, the Customer has a legal warranty against non-conformities of two years from the date of issue for physical products.
This warranty covers the costs of parts and labor to resolve the lack of conformity of the product.
To comply with the order, the product must correspond to the description given on the site http://www.m3pharmacie-magnien.fr and have the qualities presented or have the qualities that a buyer can legitimately expect in view of these statements .
In the case of a lack of conformity, the Customer can report this defect to customer service on 03 80 97 11 42 (Monday to Saturday from 9am to 12pm and from 14h to 19h)
If the lack of conformity is confirmed by our customer service, and if the repair and replacement of the property are impossible, the Customer can return the property and be refund the price or keep the property and get a part of the price.
In case of minor non-compliance, cancellation of the sale with refund of the price is not mandatory.
The provisions relating to the legal guarantee against the lack of conformity do not deprive the purchaser of the right to exercise the action resulting from the latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual nature or extra-contractual which is recognized by the law.
Regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L.211-4 to L.211-13 of the code of consumption and that relating to the defects of the thing sold under the conditions laid down in Articles 1641 to 1648 of the Civil Code.
When acting under the legal guarantee of conformity:
- You have a period of 2 years from the delivery of the property to act,
- You can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L.211-9 of the code of consumption,
- You are exempted from reporting the proof of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods for which the period is six months.
You can decide to implement the legal guarantee for hidden defects in application of article 1641 of the civil code. In this case, you can opt between the resolution of the sale or the reduction of the price in accordance with Article 1644 of the Civil Code.
Article 14 - Liability
The proposed products comply with the French legislation in force. The responsibility of m3pharmacie-magnien can not be engaged in case of non-compliance with the legislation of the country where the products are delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products you plan to order.
Photos are for illustrative purposes. In case of doubt or if you want further information. Do not hesitate to contact customer service (Article 10).
In case of manifest error between the characteristics of the product and its representation and / or the conditions of the sale, m3pharmacie-magnien can not be held liable.
Article 15 - Applicable Law - Litigation
The validity, interpretation and execution of the present General Conditions of Sale are subject to French law.
The language of this contract is French.
Article 16 - Nominative Information
Health data is data considered sensitive. They are subject to enhanced protection provided by the law of January 6, 1978 relating to computers, files and freedoms. Article 8 of this law lays down a prohibition on the collection of health data but provides for exceptions, in particular for treatments necessary for the administration of care or treatment, or the management of health services and implemented. by a member of a health profession, or by another person who, by virtue of his or her duties, imposes the obligation of professional secrecy provided for in article 226-13 of the Penal Code.
The protection of personal health data is taken into account at all stages of the exchange and the pharmacist must pay particular attention to it.
Patients are informed about the implementation of treatments and their rights of access and rectification of personal data.
Patients are informed that they have no right of objection regarding the creation of their account and the questionnaire they fill out.
The hosting of personal health data is also specifically addressed to Articles L. 1111-8 and R. 1111-9 et seq. Of the Public Health Code. Thus, data hosting can only take place with the express consent of the data subject ".
According to these articles, the hosting of data can only be done by hosts approved by the Minister of Health.
Professional secrecy is mandatory for all pharmacists under the conditions established by law, who must ensure that their employees are informed of their obligations regarding professional secrecy and that they comply with them.
The confidentiality and security of data exchanged with patients and health professionals are therefore essential elements, which have strong implications for the responsibility of those who hold the data.
Pharmacists must comply with their obligations under the law of January 6, 1978 relating to computers, files and freedoms, including making the normal declaration of their website to the National Commission for Informatics and Liberties .