SecureHealth SAS, SIREN 883 278 525, with its registered office at 111, Avenue de Fontainebleau, 94270 LE KREMLIN-BICÊTRE
offers products reserved for natural persons acting as consumers and services and products reserved for professional clients, namely all natural or legal persons acting for purposes which fall within the scope of their professional activity.
Any order placed remotely by a natural person acting as a consumer is governed by the “General Terms and Conditions – Consumer”. A consumer cannot therefore rely on the stipulations contained in the “General terms and conditions – Professional Client”.
Any agreement and any order placed by a professional client is governed by the “General terms and conditions – Professional Client”. A professional client cannot therefore rely on the stipulations contained in the “General terms and conditions – Consumer”.
General Terms and Conditions – Professional Client
ARTICLE 1: SCOPE OF APPLICATION
1.1 These General Terms and Conditions for Professional Clients (hereinafter referred to as the “Pro GTC”) apply in their entirety to all sales of products and services (hereinafter referred to without distinction as the “Products”) offered by the company. SecureHealth SAS (hereinafter referred to as “SecureHealth”) to a clientele of professionals acting exclusively for purposes which fall within the scope of their professional activity (hereinafter referred to as the “Pro Client”). In the context of the Pro GTC, SecureHealth and the Pro Client may, together or separately, be referred to as the “Party or Parties”.
The catalog of Products offered by SecureHealth to the Pro Client is accessible on its Website or made available by SecureHealth by mail or in person.
For the purposes hereof, any person with a company registration number such as SIREN in France (companies, self-employed, liberal professions, associations, works councils, institutions and public authorities, etc.) or equivalent abroad is considered as professional.
It is expressly specified that since the Pro GTC are applicable only to sales made to a Pro Client who acts for purposes that fall within his professional activity, no right of withdrawal exists for the benefit of the Pro Client.
1.2 Any order implies full and unreserved acceptance of all the stipulations of the Pro GTC which prevail over any other document possibly issued by the Pro Client. Unless specific conditions agreed by amendments signed between the two Parties, the Pro GTC alone are applicable to the placing of an order. The Pro GTC supplemented by the Pro Client’s order validated by SecureHealth and, where applicable, by the addendum signed between the two Parties constitute the sales contract concluded between SecureHealth and the Pro Client, to the exclusion of any writing previously exchanged by the Parties. All exceptions to the Pro GTC imply the signing between the Parties of a specific agreement.
1.3 The applicable Pro GTC are those in force on the day of the order made by the Customer, in accordance with the terms defined in Article 3 of the Pro GTC.
1.4 The current version of the Pro GTC is permanently accessible on the Website. The Pro GTC in force at the time the order is placed can also be viewed by the Pro Client by clicking on the link appearing at the footer of the quotes sent, if applicable, by SecureHealth.
1.5 SecureHealth reserves the right to modify the Pro GTC at any time, subject, as far as possible, to a notice period. Any modification of the Pro TGC will be notified to the Pro Client by sending an e-mail to the address provided by him as part of the procedure for creating a User Account on the Website or by SecureHealth after the ‘acceptance of a quote by a Pro Client. It is the Pro Client’s responsibility to take cognizance of the Pro GTC thus modified prior to placing any new order made on the Website, which is, as of right, subject to the new Pro GTC in force.
Any service performed by SecureHelath implies the Pro Client’s full acceptance of these general terms and conditions.
Article 2: CREATION AND USE OF A PRO CUSTOMER ACCESS
2.1 Prior to placing an online order, the Pro Client is required to create a User Account. In order to create the User Account, the Pro Client must complete a form accessible online and enter all of the requested information including, when applicable, the order or professional numbers as well as the organization that issued this number – according to the legislation in force. If the form does not include the necessary fields, the Pro Client can complete this information by e-mail to the following address: email@example.com or in response to a SecureHealth representative on his securehealth.fr address
As part of the registration form, the Pro Client must also declare and certify on their honor that they undertake to use the User Account to order Products for purposes falling within the scope of their professional activity exclusively. In the event of non-compliance with this certification, the Pro Client will be solely responsible for the consequences that may arise therefrom (penal, tax, etc.) and undertakes to guarantee SecureHealth of all the consequences that the latter could suffer as a result of non- compliance with this stipulation.
2.2 To activate the User Account, the Pro Client must validate the User Account creation form, according to the procedure indicated on the Website. The validation of the User Account will imply the express acceptance of the SecureHealth Pro GTC by the Pro Client. An email confirming the creation of the User Account will be sent to the Pro Client at the address indicated in the registration form.
2.3 The Pro Client refrains from usurping the identity of a third party, creating an account for anyone other than himself, providing an e-mail address which he does not own and creating several User Accounts. The Pro Client is solely responsible for his username and password and for any fraudulent use of these. The Professional Client undertakes not to communicate his password and not to let a third party use his User Account or let him compromise the security of his User Account. In the event that the Pro Client reveals his password to a third party, SecureHealth reserves the right to close his User Account. In addition, if the Pro Client loses his password, he must then generate a new password as per the instructions provided by SecureHealth. The Pro Client will receive, on the e-mail address which he has previously communicated to SecureHealth, his new username and / or his new temporary password which he will have to personalize subsequently under the conditions indicated in said e-mail. If the Pro Client forgets the email address he used to create his User Account, he must contact SecureHealth who will communicate it to him.
2.4 SecureHealth reserves the right to prevent the use of the User Account, in the event that the Pro Client provides incomplete, inaccurate or non-compliant information during the process of creating the User Account or its update.
ARTICLE 3: PLACING AN ORDER FOR PRODUCTS
3.1 Once the User Account has been created, the Pro Client can send his order forms to SecureHealth by email. When the Pro Client wishes to place his order through the Website, he must use the online order form. When the amount of the order exceeds a certain threshold, the Pro Client can request a quote. In addition, certain conditions linked to the order (weight, volume, etc.) may automatically lead to an online quote request.
3.2 For orders placed online, any order only becomes final and valid once accepted by SecureHealth and subject to the availability of Products in stock. This acceptance takes the form of an order confirmation sent by SecureHealth to the Pro Client by e-mail. For orders that have been the subject of a request for a quote, the Pro Client’s order only becomes firm and final once the quotation has been returned by the Pro Client by e-mail, duly initialed, signed by an authorized person and stamped with the Pro Client stamp during the period of validity of the quote.
3.3 SecureHealth reserves the right in particular to refuse to honor an order:
• which would be abnormal in nature (in terms of the quantities ordered or the quality of health professional in particular),
• in the event of the Professional Client failing to fulfill his obligations;
• in the event of a manifest price error,
• in the absence of sufficient information to allow SecureHealth to execute said order.
ARTICLE 4: PRICE
4.1 The SecureHealth prices applicable to sales are accessible on the Website or offered by quotation. The prices are expressed in Euros, exclusive of tax (but ecotax included if necessary, when the Pro Client is connected with his account excluding delivery costs. The delivery costs re-invoiced to the Pro Client by SecureHealth are displayed for information on the Website when placing an order online, the actual delivery cost are confirmed on the quote sent by SecureHealth or on the order confirmation sent by SecureHealth to the Pro Client. The applicable VAT rate is the one in force on the day of the invoice, the volume of purchases and the country of activity of the Pro Client in accordance with the regulations applicable to intra-community VAT.
4.2 Orders are invoiced at the price applicable on the day the quote is issued by SecureHealth or its confirmation by email of the online order. Prices are subject to change at any time. It is therefore up to the Professional Client to consult the prices in force on the Website before placing any order. In any case, the Pro Client may not invoke any right against SecureHealth for the purpose of benefiting from a price previously offered or proposed a posteriori by SecureHealth on the Website.
4.3 When special financial conditions are agreed based on the turnover achieved between SecureHealth and the Professional Client, the turnover serving as the basis corresponds to the turnover excluding all taxes (in particular, excluding VAT, Eco-Packaging contribution , DEEE, Sorecop, etc.) actually collected by SecureHealth during the reference period.
4.4 As a general rule, no discount will be granted in the event of early payment, unless understood in advance and confirmed with its conditions on the quote.
ARTICLE 5: DELIVERY
5.1 The delivery is made:
- either by direct delivery of the goods to the buyer;
- or by sending a notice of availability in store for the attention of the buyer;
- or at the place indicated by the buyer on the order form.
The delivery time indicated during the registration of the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer’s benefit to:
- the award of damages;
- the cancellation of the order.
5.2 Notwithstanding the application of the retention of title clause, the transfer of risk takes place at the place and at the time agreed in the context of the order confirmation, at the time of the first appearance of the delivery services provider at the address indicated in the Customer’s Order. Pro. Products are unloaded in any case under the exclusive responsibility of the Pro Client.
When the Pro Client collects the Products directly from the premises of SecureHealth, the transfer of risk occurs when the Products are made available by SecureHealth at its premises, all of the transport, loading and of unloading being at the risk and the exclusive charge of the Pro Client.
Notwithstanding the retention of title clause, and from the transfer of risks, the Pro Client must insure the products against all risks of damage or liability, and in particular take out liability insurance for the Products on behalf of SecureHealth and at its expense.
5.3 No delay in delivery authorizes the Professional Client to cancel, totally or partially, his order or to refuse delivery of the Products, without SecureHealth having been able to effectively and previously ascertain with proof the reality of the alleged grievance against SecureHealth claimed by the Pro Client. In any case, the return of the Products can only take place on condition of having been the subject of the express and prior agreement of SecureHealth, in compliance with the stipulations of article 7.
5.4 No penalty of any kind may be applied by the Pro Client to SecureHealth when the breach alleged by the Pro Client is due to a circumstance outside SecureHealth’s will and/or, even partially, to the fault or the negligence of the Pro Client.
5.5 In other cases, the application of penalties assumes that SecureHealth has been able to check the reality of the complaints with which it is accused by the Pro Client. Consequently, no penalty can be applied unilaterally and not adversely by the Pro Client. Any compensation with an amount owed by the Pro Client to SecureHealth further assumes that SecureHealth has expressly recognized, in writing and in advance, the reality of the grievance justifying the application of penalties.
5.6 In any event, the application of penalties cannot be of a purely fixed and predetermined nature. Indeed, any penalty must reflect the reality of the damage actually suffered by the Pro Client and may only relate to the undelivered Products (for which the Pro Client has clearly demonstrated to have suffered prejudice) and not to the entire order.
5.7 Any refusal of delivery made unilaterally by the Customer, without respecting the stipulations of article 7, for reasons not attributable to SecureHealth and not related, in particular, to a problem of late delivery, quality etc., will engage the responsibility of the Pro Client vis-à-vis SecureHealth.
5.8 In the event of damage, delays or missing items, it is the Pro Customer’s responsibility to record objections and reservations with the delivery services provider, on the receipt document that he must sign, have the delivery services provider or his driver’s agent countersigned, date and confirm by registered letter within three (3) days, not including public holidays, in accordance with the provisions of article L 133-3 of the French Commercial Code. Compliance with this formalism is necessary to engage the liability of the transport provider. Failing this, the Pro Client must assume the exclusive responsibility for the possible consequences of this non-compliance.
Article 6: Terms of payment
6.1 Invoices are payable, at the time of placing the order on the Website, before shipment of the Products or for larger orders according to the conditions stipulated in the estimate, or failing this by paying a deposit of 50% of the total of the invoice, the balance to be paid upon receipt of the goods.
6.2 Payment is made by bank transfer, credit card, administrative mandate or check. Payment is deemed to have been made when the funds are actually available to SecureHealth in its bank accounts.
6.3 Payments by credit card may be subject to an additional charge indicated on the estimate.
6.4 Any unpaid invoice, in whole or in part, on the due date automatically entails, without prior notice:
• the application of late payment penalties calculated by applying a rate equal to three times the legal interest rate in force on the amounts still due and for a period corresponding to the number of days of delay observed between the due date entered on the invoice and the actual payment on the value date;
• the legal fixed compensation of forty (40) Euros for recovery costs, without prejudice to the right for SecureHealth to claim additional compensation on supporting documents;
• the immediate payment of all sums due, regardless of the payment method provided.
SecureHealth will also have the right to:
• notify the termination of the sales contracts concerned, the Pro Client then having to return the unpaid Products, subject to a retention of title clause, which have already been delivered, at his own expense and risk;
• claim compensation for the damage suffered;
• refuse any new order or suspend the execution of orders in progress until full payment of the sums due or until the Professional Client has established a payment guarantee in favor of SecureHealth.
6.5 Compensation will take place automatically between the sums owed by the Pro Client to SecureHealth and those owed by SecureHealth to the Pro Client, subject to the provisions of Article L 442-1 I of the Commercial Code with regard to compensation for non-compliance with delivery deadlines or non-compliance of goods.
Consequently, the Pro Client expressly consents to the compensation of sums due by the Pro Client to SecureHealth, whether under the sales contracts concluded between SecureHealth and the Pro Client or under any other commercial relationship that the parties could also have, with all the claims that SecureHealth owes to the Pro Client and / or with all other sums that SecureHealth holds in the name and on behalf of the Pro Client, in any capacity whatsoever, either automatic and immediate and in and under subject to the provisions of Article L 442-1 I of the Commercial Code with regard to compensation for non-compliance with delivery deadlines or non-compliance of goods.
In the event of termination of the commercial relationship, the receivables and all other reciprocally due amounts existing between SecureHealth or its delegates or delegates, on the one hand, and the Professional Client, on the other hand, will automatically become payable and will be offset against each other.
The same will apply in the event of default or late payment by one of the Parties of any sums due in respect of the invoices issued.
ARTICLE 7: PRODUCTS – CONFORMITY – GUARANTEE
7.1 Product characteristics
7.1.1. The visuals of the Products accessible on the Website have no contractual value and are therefore not opposable to SecureHealth.
7.1.2. The Products are offered by SecureHealth within the limits of available stocks. The responsibility of SecureHealth cannot be engaged by the Pro Client in the event of unavailability of a Product.
7.1.3. SecureHealth freely determines the evolution of the ranges and references of Products offered on the Website. The information contained in the catalogs and prospectuses are provided for information purposes only by SecureHealth.
SecureHealth thus reserves the right to cease the marketing of any Product offered to the Pro Client appearing on the Website or the commercial documents at any time, without the Pro Client being able to engage the responsibility of SecureHealth in this regard and/or claim payment of damages.
7.1.4. It is up to the Professional Client to carefully read the description of the Products and its detailed technical characteristics on the Website or, where applicable, on the quote.and to verify that the Product (s) he wishes to order correspond (s) to his needs and expectations. Under no circumstances can SecureHealth be held liable by the Pro Client when the latter has ordered a Product that does not correspond to his needs and expectations of which SecureHealth would not have been aware. The attention of the Pro Client is drawn to the fact that SecureHealth offers ranges of Products intended for professional equipment and other Products which do not have the characteristics of professional equipment and are intended for non-intensive current use. So,
7.1.5. Under no circumstances may unsold items be taken back by SecureHealth.
7.1.6. The products offered on the Website by SecureHealth comply with the regulations applicable in metropolitan France. It is the responsibility of the Professional Client who places an order on the Website and who intends to export the Products purchased to verify the compatibility and compliance of the Products with the legislation of the country of destination. SecureHealth cannot be held liable by the Pro Client in the event of the export of Products not compatible or non-compliant with any legislation not applicable in France, which the Pro Client expressly recognizes and accepts.
7.2. Waste treatment
7.2.1 Treatment of waste electrical equipment (DEEE) and electronics.
In order to finance the collection and recycling channels for Waste Electrical and Electronic Equipment (DEEE), SecureHealth has, in its capacity as distributor, the obligation to collect a eco-participation with Pro Customers. The amount of the eco-participation is indicated on the Website, on the product sheet of the articles falling under this obligation.
It is specified that SecureHealth does not take back the electrical and electronic equipment of Pro Customers, having the quality of reseller of the products purchased (as opposed to Pro Customers who use the products purchased for their professional activity).
SecureHealth informs the Pro Client having the quality of reseller of the products purchased that, in accordance with articles L. 541-10-2 and R. 543-180 of the Environmental Code, any consumer can benefit from a free right of recovery of its used electrical and electronic equipment; it is therefore up to the Pro Client to inform its own clients of the cost of waste disposal under the conditions provided for in the applicable regulations and to ensure the return of used equipment from consumers who request it.
7.2.2 Treatment and recycling of medical equipment, disposable medical supplies and personal protective equipment will be described in the quotes or associated commercial proposals.
7.3. Reception and conformity of the Products
7.3.1. SecureHealth undertakes to deliver a Product in accordance with the order made by the Pro Client. The Pro Client is solely responsible for the suitability of the Products ordered with the specific needs and expectations of the Pro Client as well as for the use for which the Pro Client intends the Product.
7.3.2. Notwithstanding the reservations to be expressed to the delivery services provider by the Pro Client, all claims relating to the conformity of the Product must be brought to the attention of SecureHealth, under penalty of inadmissibility, in writing, as soon as possible and at the latest within a period of three (3) calendar days from receipt of the Products by the Pro Client. To be valid, any complaint must mention the references and dates of the corresponding order and delivery documents.
7.3.3. It is the Pro Client’s responsibility to provide any justification as to the reality of the non-conformities observed. The Pro Client must reserve for SecureHealth any facility to identify the Product (s) concerned and to proceed to the possible observation of the alleged facts in order to remedy them. SecureHealth reserves the right to proceed directly or through any intermediary of its choice with any finding, verification and examination at the premises of the Pro Client.
7.3.4. Returns of non-compliant Products are only authorized and accepted after the prior written consent of SecureHealth. No unjustified return or return of Products can be demanded by the Pro Client. The Products must be returned to SecureHealth by the Pro Client, without having undergone any modifications, within fifteen (15) calendar days of the acknowledgment by SecureHealth of the non-compliance.
7.3.5. SecureHealth’s liability is strictly limited to the replacement of non-compliant Products or the reimbursement of non-compliant Products, at their invoiced price, excluding any damages.
7.3.6. In the absence of a reservation or complaint formulated by the Pro Client in accordance with the provisions of this article, any Product delivered will be deemed to comply.
7.3.7. In accordance with article L 442-1 of the Commercial Code, the Pro Client refrains from refusing Products and / or returning Products and / or automatically applying penalties, without SecureHealth having been able to verify the veracity of the grievance invoked by the Pro Client. Any unjustified refusal of all or part of the Products will give rise to the invoicing of transport costs and other costs caused by the refusal.
7.3.8. According to the conditions specific to each sale and the quantities ordered, SecureHealth reserves the right to provide the documentation of the products sold (EU Declaration of Conformity, user manual, technical and regulatory descriptions among others) in any form whatsoever – in digital format, inside or separately from each package.
7.3.9. Depending on the conditions specific to each sale and the quantities ordered, SecureHealth reserves the right to supply the same product sold with varying packaging and boxing depeding on order and product size.
7.4. After sales service
7.4.1. The manufacturer or supplier of the Product sold by SecureHealth to the Pro Client may offer specific after-sales service and / or commercial guarantees on these Products. SecureHealth is at the disposal of its Pro Client to indicate to him the terms of support for the Products in this capacity by the manufacturer or supplier of the Product, the conditions which may vary from one manufacturer or supplier to another.
7.4.2. SecureHealth may, for certain Products, offer additional contractual guarantees for a fee.
7.5. Legal warranty against hidden defects and liability for defective Products
7.5.1. In the event of the subsequent occurrence of a defect, hidden at the time of sale, rendering the Product unfit for its normal destination, the Professional Client is required to notify SecureHealth of the occurrence of this defect within thirty (30) calendar days from its discovery. This notification must mention the references and dates of the corresponding order and delivery documents.
7.5.2. It is up to the Pro Client to provide any justification as to the reality of the defects observed and their consequences on the purposeful usability of the Product. The Pro Client must ensure for SecureHealth any ability to identify the Product (s) concerned and to enable the possibility to observe the alleged defect. SecureHealth reserves the right to proceed directly or through any intermediary of its choice with any finding, verification and examination at the premises of the Pro Client.
7.5.3. When the defect rendering the Product unfit for its purpose has been notified by the Pro Client and recognized by SecureHealth, SecureHealth undertakes either to return the sale price of the Product in return for the return of said Product by the Pro Client or to replace the Product, excluding any damages.
7.6. Product recall
7.6.1. SecureHealth may be required, in particular at the request of one of its suppliers or the competent authorities, to withdraw or recall Products. Any product withdrawal-recall procedure will take place in close collaboration between the Pro Client and SecureHealth, for the sake of efficiency, responsiveness and proportionality. With this in mind, the Pro Client undertakes to take all the necessary steps with his own clients.
7.6.2. Any communication from the Pro Client on the quality of the Products sold by SecureHealth can only take place after the express agreement of SecureHealth.
7.7. SecureHealth Liability Terms
7.7.1. The Pro Client is required to carefully read the documentation relating to the technical characteristics of the Products provided by the manufacturer of the Products and to strictly comply with the conditions of use defined by the latter. The Pro Client will be solely responsible for the consequences related to non-compliance with the conditions of use, abnormal use of the Products and / or abnormal or inappropriate storage conditions. The responsibility of SecureHealth, in any capacity whatsoever, can in no way be engaged by the Pro Client in the event of non-compliance with this stipulation, which the Pro Client expressly acknowledges and accepts.
7.7.2. The responsibility of SecureHealth can in no case be engaged in the event of non-compliance of the Products with the standards and regulations which would come into force after their delivery or in the event of deterioration or damage occurring to the Products not attributable to SecureHealth.
7.7.3. The responsibility of SecureHealth can only be validly engaged on condition that the Pro Client demonstrates the existence of a fault attributable to SecureHealth, of damage and of a causal link between the fault and the damage. SecureHealth’s liability will in any event be strictly limited to direct, certain and foreseeable damage, to the exclusion of any indirect, hypothetical or unforeseeable damage and in any event, will be limited to the amount actually collected by SecureHealth for the order. placed by the Customer or, when SecureHealth’s responsibility is unrelated to a specific order, to the amounts actually collected by SecureHealth for orders placed by the Pro Customer during the last twelve (12) months.
ARTICLE 8: RETENTION OF OWNERSHIP
8.1 SecureHealth reserves ownership of the Products delivered until full payment of the price as well as late payment penalties or lump sum indemnities for collection costs and any other related ancillary sum.
8.2 The Professional Customer undertakes to allow identification and claim of the Products delivered at all times. By express agreement, the Products in stock at the Pro Client are deemed to relate to unpaid invoices.
8.3 The Pro Client, authorized to resell the products delivered in the normal performance of his business, undertakes, if applicable, to assign automatically to SecureHealth the claim held against his sub-purchasers, up to the of the sums still due. The Pro Client is also required to immediately inform SecureHealth of the seizure, for the benefit of a third party, of the Products delivered under retention of title. The Pro Client is also prohibited from pledging or assigning ownership of the Products as a guarantee.
8.4 In the event of non-payment of a fraction or all of any of the agreed installments, and fifteen (15) days after a formal notice by registered letter remains unsuccessful, in whole or in part, SecureHealth will reserves the right to pursue the forced execution of the sale or the resolution of the sale. In the latter case, the Product must be made available immediately to SecureHealth, unless the latter requires the return of the Products at the risk and expense of the Pro Customer. This claim may be made by any means (registered letter, fax, summons from a bailiff, contradictory inventory, etc.), at the expense and risk of the Pro Client. All sums already paid by the Pro Client (in particular down payments) will remain acquired as damages,
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
9.1 The Pro Client acknowledges that SecureHealth does not own all the intellectual property rights and other distinctive signs covering the Products sold by SecureHealth and the elements attached thereto, including the visuals of the Products. Consequently, the sale by SecureHealth of Products to the Professional Client does not entail for the benefit of the latter any transfer or concession of any intellectual property rights whatsoever relating to said Products and the elements attached thereto, including the visuals of the Products, and in particular rights relating to trademarks, designs and models, patents and even copyright.
9.2 When the Pro Client intends the Products purchased from SecureHealth for resale, he undertakes to resell the Products in their original presentation and packaging, without making any alteration whatsoever. The Pro Client also undertakes not to make improper use of the Products which would infringe in any way the intellectual property rights of the manufacturer and more precisely which would discredit or devalue the Products and the rights attached thereto. In the event of non-compliance with this stipulation, the Pro Client will be solely responsible for all the consequences that may arise therefrom and will thereby guarantee SecureHealth, which the Pro Client expressly acknowledges and accepts.
9.3 The Pro Client acknowledges that SecureHealth is the holder of all intellectual property rights covering the Products sold under private label brands and in particular, under the “PKa”, “Carbonato”, “SHSecure” brands or any other distinctive signs and copyright attached to its Products and that no right of use or reproduction of said rights is conferred on it. The Pro Client undertakes to respect all the intellectual property rights of SecureHealth of which he declares to be perfectly aware.
In general, the Pro Client undertakes to:
– not alter all of SecureHealth’s intellectual property rights and not make improper use of them which would discredit or devalue SecureHealth Products. Thus, in particular, the Pro Client undertakes to avoid, for example, in the context of a comparative advertisement featuring the Pro Client and one or other of his competitors, any comparison having the effect of degrading the ‘qualitative image built by SecureHealth around its brands and distinctive signs;
– systematically use the up-to-date graphic guidelines relating to SecureHealth Products available on request;
– not cause any risk of confusion in the minds of third parties, in any way whatsoever, the Products stamped with one of the private labels belonging to SecureHealth and any other SecureHealth product;
– not reproduce or have reproduced, in whole or in part, any intellectual property rights of which SecureHealth is the holder, under penalty of prosecution, and / or transmit to third parties any information of any nature whatsoever allowing total reproduction or partial of these rights.
9.4 The Pro Client acknowledges that all the elements of whatever nature making up the Website, such as in particular the structure of the Website and its graphic charter, are the property of SecureHealth and are protected by intellectual property law. SecureHealth grants the Pro Client a simple right of non-exclusive use of the Website in accordance with the latter’s destination. Any other use of the Website constitutes an infringement and is sanctioned by the Intellectual Property Code, and this without the prior and express authorization of SecureHealth.
ARTICLE 10: FORCE MAJEURE AND CASUALTY CASES
10.1 SecureHealth will be released from its obligations for any event constituting force majeure or fortuitous event which would prevent or delay the delivery of the Products.
10.2 In the event that all orders are totally suspended for a period of more than one (1) month due to a case of force majeure or a fortuitous event, each Party will have the option to terminate the suspended orders,
without owing any compensation in this respect to the other Party, on condition that this termination is notified to the other party by registered letter with acknowledgment of receipt.
ARTICLE 11: CONFIDENTIALITY
The Parties recognize the confidential nature of all information exchanged between them for the execution of orders and undertake to keep it confidential.
Any information transmitted by any means, within the framework of the execution of orders, constitutes “Confidential Information”. Consequently, it is understood between the Parties that all Confidential Information communicated by one of the Parties to the other party will be kept by the receiving Party in the same way that it keeps its own confidential information, that this Confidential Information will not be copied or reproduced and that it will only be used for the purposes of partnership between the parties. Each Party is committed to compliance with this confidentiality obligation by all of its staff, subcontractors, or any other person involved in the execution of orders.
At any time during the partnership, the Confidential Information must, according to the directives of the Party which transmitted it, either be returned to it within three (3) working days of its request, or be destroyed.
This confidentiality obligation does not apply to Part of the following information:
– those accessible to the public on the date of its communication by the transmitting party to the receiving party, or which would become accessible after that date and without fault of the receiving party;
– those already known to the receiving Party at the time of its communication by the issuing Party;
– those sent to the receiving Party with the express exemption of the issuing Party from the obligation of confidentiality.
– subject to confirmation by simple email the reference use of company names and / or logos.
ARTICLE 12: USE OF THE WEBSITE
The Website may be modified or updated and access to the Website interrupted, suspended or stopped at any time without prior notification. As such, it is specified in particular that any maintenance operation carried out on the Website may disrupt access and / or the functioning of the Website. In any case, the Pro Client acknowledges being alerted to technical hazards inherent to the Internet and to any access interruptions that may result. SecureHealth cannot be held responsible for any unavailability or slowdown of the Website.
SecureHealth is in any case not able to guarantee the continuity of the functionalities of the Website, which the Pro Client recognizes. Under no circumstances can SecureHealth be held liable by the Pro Client in this respect. SecureHealth can also not be held responsible for the impact of these disruptions to access and / or functionalities of the Website on the activity of the Pro Client.
It will remain possible to order or follow an order directly by email or phone from the SecureHealth sales department.
ARTICLE 13: DATA PROCESSING
The policy of protection of your personal data is accessible here or by simple request to the sales department.
ARTICLE 14: MISCELLANEOUS STIPULATIONS
14.1. The fact that one or the other of the Parties does not invoke against the other, any of the stipulations of the Pro GTC, cannot be interpreted as a waiver of invoking or benefiting from it. later.
14.2. The Parties expressly refrain from disclosing, directly or indirectly, any information concerning the other party relating in particular to the special conditions of sale that may be granted, to third parties, except to comply with legal obligations. Where appropriate, the party affected by the disclosure request will notify the other party.
14.3. Except in the event of a forced assignment occurring within the framework of a collective procedure to which it would be the subject, each party may not assign all or part of the obligations incumbent on it without the prior written consent of the other Party.
14.4. The Parties recognize that the partnership does not constitute an association or a franchise by one of the Parties to the other.
Under no circumstances may a Party be considered directly or indirectly as an employee, representative or agent of the other Party.
14.5. In the event that one or more stipulations of these PRO GTCs were considered null and void or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations would retain all their force and scope.
14.6 The Parties recognize the precedence of the conditions indicated in the quotes and associated purchase orders over the special conditions, and of the special conditions over the general conditions described in this document.
ARTICLE 15: APPLICABLE LAW AND ATTRIBUTION OF COMPETENCE
15.1 The existing contract between the Parties is governed by French law.
15.2. In the event of a dispute, the parties will endeavor to come together in order to find an amicable solution.
15.3. The Parties agree that by way of derogation from the applicable legal provisions, any dispute that may arise between the parties will be prescribed within a period of one (1) year from its operative event.
15.4 The courts within the jurisdiction of the Court of Appeal of Paris shall have exclusive jurisdiction, notwithstanding multiple defendants, warranty claims and emergency proceedings.
15.5 Any dispute with a client outside French territory – unless explicitly agreed otherwise – will be decided by arbitration according to the arbitration rules of the International Chamber of Commerce by an arbitrator appointed according to said rules. Otherwise, not granted differently, the arbitrary tribunal will be located in Paris and the arbitration language will be French. All documentation can be submitted in French or English.
General Terms and Conditions – Consumers
ARTICLE 1: SCOPE OF APPLICATION
These general conditions of sale (hereinafter “GTC”) apply to any order placed remotely by a natural person having legal capacity and acting in a personal capacity as a consumer with SecureHealth, or directly on the Website SecureHealth Internet accessible at the following address: www.securehealth.fr, either through a SecureHealth sales representative, or by telephone and email.
These GTC are also applicable in all online stores used as a sales channel by Securehealth such as Amazon and CDISCOUNT.
In the event of a conflict, the general or specific conditions of these shops prevail over these GTC.
The GTC are not applicable to professionals. Any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of ‘another professional. Professionals who wish to order from SecureHealth are invited to consult the CGV Pro general conditions of sale.
These GTC are subject to change at any time by SecureHealth. It is your responsibility to consult them and formally accept them before any order.
The applicable GTC are those appearing on the Website at the time of your order and attached to the email confirming your order.
Any order placed on the Website implies full, unconditional and unconditional acceptance of the GTC in force at the time of said order.
Article 2: PRICE INFORMATION
The price of products and services (excluding delivery costs) is that indicated on the Website. SecureHealth reserves the right to change the price of its products and services at any time, in accordance with applicable law. The products or services you order will be billed to you on the basis of the price in effect on the Website at the time of validation of your order.
SecureHealth does not reserve stock (except in the specific case of products indicated as “pre-order” on the product sheet), placing a product or service in the basket does not guarantee the availability of said product. or service as well as its price.
For eligible products, the price displayed on the product sheet includes the amount of the eco-participation. To find out more about eco-participations, click here.You can consult the amount of delivery costs applicable to your order by consulting the page dedicated to delivery methods and costs accessible by clicking here as well as when you select the delivery method of your order.
Article 3: ORDERS
3.1 Availability of products and services
Our product and service offers are valid while stocks last. If, despite our best efforts, a product or service becomes unavailable after the validation of your order, SecureHealth will notify you by email and will refund the price of the product or service initially ordered as well as any amount paid for your order. However, if your order contains other products or services available, these will be delivered to you and the delivery charges will not be refunded.
3.2. Methods of placing orders
It is possible to order from SecureHealth :
– Online at www.SecureHealth.fr; – amazon.fr and CDiscount.com
– from France to +33 1 73 43 04 67 Monday to Friday 9:30 a.m. to 5 p.m. (standard call price)
3.3 Order recording Once your order has been placed in accordance with article 3.2, SecureHealth will acknowledge receipt by sending you an order confirmation email including: • the summary of your order,
• its number,
• these GTC.
This email will be sent to the email address you use to identify yourself in your Customer Area. If you do not receive the email mentioned above, we recommend that you contact our Customer Service. SecureHealth reserves the right not to validate your order and / or to suspend the execution of your order, even after sending the confirmation email (as referred to above) for any legitimate reason, in particular assuming :
– your order would not comply with the GTC;
– the quantities of products ordered would not correspond to normal use by a customer acting as a consumer;
– one of your previous orders would not have been fully paid when due;
– a dispute relating to the payment of a of your previous orders would be being processed;
– several serious and concordant elements would raise a suspicion of fraud on your order.
3.4 Suspension / Closure of a customer account by SecureHealth
In the event of abnormal activity by a customer on the Website noted by SecureHealth on the basis of serious and consistent indications which would raise a suspicion of fraud on the said customer, SecureHealthreserves the right to suspend and / or close the customer account(s) concerned. In this case, the customer will receive an information email fromSecureHealth informing him of the closure of his customer account. SecureHealth reserves the right to initiate appropriate legal proceedings allowing compensation for any damage it may have suffered as a result of proven fraudulent activity.
Article 4: TERMS OF PAYMENT
4.1. Payment methods
The different payment methods available will be shown at checkout on the website when passing your order.
By placing an order on the Website, you agree that your purchase invoice will be sent to you in electronic format.
Article 5: SECURITY OF PAYMENTS AND FIGHT AGAINST FRAUD
Payments online on the Website or by phone with SecureHealthare made via a secure payment platform, supplemented by control measures specific to each means of payment, in order to guarantee the security of purchases made on the Website and to fight against fraud. The bank details provided during your order are encrypted using the Secure Socket Layer (SSL) protocol.
Article 6: SHIPPING AND DELIVERY
SecureHealth may offer you, when placing your order, different delivery methods depending in particular on the size of your package and your delivery address.
The terms, costs and delivery times differ depending on the delivery method you choose.
You will be informed, at the time of placing your order, of the delivery method (s) available as well as of the applicable deadlines and prices.
6.1 Delivery methods and costs
SecureHealthmay offer you different delivery methods. The delivery of certain products or in certain areas may give rise to additional invoicing. In such cases, this information is clearly indicated on the information page dedicated to the delivery, accessible at the bottom of each page of the Website or by clicking here. The total amount of the delivery costs of your order is indicated when placing the order. For more information on all delivery methods, click here.
6.2.1 Delivery date
The product delivery date is indicated on the product sheet for each product and may vary depending on the delivery method selected. The delivery date is confirmed in the order confirmation email.
6.2.2 Delay in delivery
In the event of a delay in delivery, SecureHealth will endeavor to inform you. You can also notify us of the delay yourself via your Customer Area or by contacting our Customer Service.
SecureHealth undertakes to do what is necessary to determine the cause of the delay and find an adequate solution for the effective delivery of the products ordered as soon as possible.
For the follow-up of your order and the after-sales service, you can contact us:
– Online, through your Customer Area.
The information concerning your order, its payment, its delivery, its after-sales service, are accessible in your Customer Area, in the sections “my orders” and “Frequently asked questions (FAQ)”;
– By phone from Monday to Friday from 9 a.m. to 7 p.m. and Saturday from 9 a.m. to 6 p.m. +33 1 73 43 04 67.
In order to optimize the processing of your requests, remember to indicate in all your correspondence, whatever the channel used: your last name, first name, email address with which you placed your order and the number of the order concerned.
ARTICLE 7: RECEPTION
7.1 Missing accessory and / or part
When receiving or collecting your order, you must verify that your product is complete (including its accessories).
If you find that some accessories for the product ordered are missing from your package, please contact SecureHealth Customer Service no later than three (3) calendar days after receipt of your order so that we can process your complaint.
7.2 Products delivered damaged
When receiving or collecting your order, you must check the condition of the package (s) received and report any non-compliance on the delivery slip or refuse delivery. In the event that, after acceptance of the package, you notice that the ordered product is damaged, you can report it to us:
– by contacting SecureHealth Customer Service; or
– by logging into your Customer Area, no later than three (3) calendar days after receipt of your order.
Article 8: WITHDRAWAL
In accordance with Articles L. 221-18 et seq. Of the Consumer Code, you have a period of fourteen (14) working days from the day after receipt of the last product of your order to exercise your right of withdrawal without having to justify reasons or pay penalties.
If the period of fourteen (14) working days expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The return of the products is made under your responsibility and at your expense. Any damage to the cause to the products on this occasion is likely to frustrate the exercise of your right of withdrawal.
8.2 Procedures for exercising the right of withdrawal
To exercise your right of withdrawal, you must notify us of your decision to withdraw from your order within the period indicated in article 8.1.
This notification must be made in writing, by any means and in particular:
by returning the following completed and signed form to the indicated postal address or by e-mail:
(Please complete and return this form only if you wish to withdraw from the contract). We accept the form by email at firstname.lastname@example.org
Attention SecureHealth, 111 Avenue de Fontainebleau 94270 Le Kremlin-Bicetre, France.
– I / We (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the good / service (*) below [Indicate the product (s) / service (s) for which you withdraw] ………………………………………. ………………………………………….. ……………… ………………………….. ……………………….. – Ordered on (*) / received on (*) ……… ………………………………………….. ………………………………………….. .. ……………………..
– Order number ……………………………………… ………………………………………….. ………………. …………………………. ……..— Name of consumer (s) ………………………….. ………………………………………….. ………………………….. ……………..— Address of consumer (s) ………………………………….. ………………………………………….. …………………….. …….. …………………………………… ………………………………………….. …………………. ………………………. …………………………… – Signature of the consumer (s) (only in the event of notification of the this form on paper)
– Date …………………………… (*) Cross out the unnecessary
Upon receipt of your withdrawal request and if it complies with the GTCs, SecureHealth may offer you:
– a prepaid voucher to return the product concerned. If applicable, the amount of this prepaid voucher will be deducted from the reimbursement made by SecureHealth for the withdrawal.
– or to return the product concerned by you. In any event, we will send you a return agreement containing a return number and specifying the conditions for returning your package. We recommend you print and paste this return number on the package to allow faster processing of your request. You agree to return the products subject to withdrawal to SecureHealth within 14 calendar days of dispatch of the notification of your decision to withdraw.
Only products returned in a condition allowing them to be put back for sale by SecureHealth (this assuming that they are returned in their original packaging or in a packaging allowing an equivalent protection of said products during their return transport) will be accepted under withdrawal and reimbursed in accordance with the GTC. Consequently, products returned incomplete, damaged, damaged or soiled will not be taken back as a withdrawal.
In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:
– Services fully performed before the end of the fourteen-day withdrawal period with your express prior consent, and express waiver of your right of withdrawal
– Goods made to your specifications or clearly personalized;
– Goods likely to deteriorate or expire quickly
– Goods which have been opened after delivery and which cannot be returned for reasons of hygiene or health protection such as masks or protective clothing.
8.4 Refund in the context of a withdrawal
Following your withdrawal request, SecureHealth, in accordance with legal provisions, will refund you within 14 days of notification of your withdrawal request. In the absence of receipt of your product or proof of If your product is shipped within this time, SecureHealth reserves the right to defer your refund until the day your product is received.
SecureHealth will process your refund via the same payment method as that used on the day of your order, except in the event that the method of payment used does not allow it. Thus, if you have paid for your order using a credit card SecureHealth will refund your credit to your credit card.
For orders paid in cash, reimbursement will be made by check only. The refund check will be issued to the name and billing address indicated when placing the order.
Article 9: GUARANTEES
For products directly sold by SecureHealth, SecureHealth is liable for defects in the conformity of the goods with the contract under the conditions of article L. 211-4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided. in articles 1641 and following of the civil code. Regarding the guarantee against hidden defects, the consumer can decide to implement this guarantee within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the price. of sale in accordance with article 1644 of the civil code.
It is recalled that the consumer, within the framework of the legal guarantee of conformity: – benefits from a period of two years from the delivery of the good to act; – can choose between repair or replacement of the product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your product.
To benefit from the legal guarantee of conformity or the guarantee against hidden defects for a product sold directly by SecureHealth, contact our Customer Service:
- By contacting Customer Service by email at email@example.com by noting the information concerning your order number, its price, method of payment and its delivery date.
Reproduction of legal provisions: Article L217-4 of the Consumer Code
The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the good must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
Action resulting from lack of conformity lapses 2 years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of ‘at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within 2 years from the discovery of the defect.
Article 10: ECO-PARTICIPATIONS AND RETURN OF YOUR WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (DEEE) AND CHARGE FOR PRIVATE COPY
Like any distributor, SecureHealth has the obligation to collect an eco-contribution from its customers, in order to finance the collection and recycling channels for Waste Electrical and Electronic Equipment (DEEE) and Waste of electrical components.
The amount of the eco-contribution is indicated on the product sheet of the products falling under this obligation. To learn more about eco-participations, click here.
10.2 Taking back your DEEE
In accordance with articles L. 541-10-2 and R. 543-180 of the Environmental Code, you can benefit from a free return of your old products, provided that they are Waste Electrical Equipment and Electronics (DEEE) only.
The request to take back your old product must respect the “1 for 1” principle: SecureHealth will take back your old product for any new product of the same type purchased on the Website. Example: a washing machine taken back following the purchase of a new washing machine on our Website.
To find out how to take back your old product, click here.
Article 11: FORCE MAJEURE
SecureHealth cannot be held responsible for the non-performance of one of its obligations under the sales contract when this non-performance is linked to the occurrence of a force majeure event.
Article 12: PERSONAL DATA
Our personal data protection policy can be accessed here.
Article 13: CODE OF GOOD CONDUCT
SecureHealth adheres to the Code of Ethics of the Fevad (Federation of e-commerce and distance selling). To find out more, visit the FEVAD web Website by clicking here.
Article 14: LITIGATION, MEDIATION and APPLICABLE LAW 14.1 For any complaint, our Customer Service is at your disposal.
14.2 Unless otherwise required by mandatory provisions such as those arising from EC Regulation n ° 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I), these GTCS are subject to French law. clauses of these GTC would become void following a change in legislation or by court decision, this in no way affects the validity of the other clauses, which will remain applicable.
Done at … Le Kremlin-Bicêtre (town), on … (date)
… (client’s signature)
… (signature of the legal representative of the company)