Terms of sale

(Metropolitan France, Corsica included, excluding DOM TOM)

MONDERNA HEALTH & WELLNESS
SAS MHW – 18 Rue Ernest Guillier – 24000 PERIGUEUX - FRANCE

SIRET number: 812 946 713
VAT number: FR94812946713

contact@dermoiioniq.com – +33(0)5 53 88 25 60

(Metropolitan France, Corsica included, excluding DOM TOM)

1. GENERAL PROVISIONS: These general conditions of sale (hereinafter: "GTC") apply to any natural or legal person placing an order (hereinafter: the "Buyer") for products distributed by MHW CARE (MONDERNA HEALTH & WELLNESS) (hereinafter: “MHW”).

The T&Cs apply exclusively and without limitation to any professional or individual Buyer on the domestic and Internet markets. The T&Cs cancel and replace, from their entry into force, the previous general terms and conditions of sale of MHW. The T&Cs are subject to change by MHW at any time. The applicable T&Cs will be those in effect when the order is placed. Any order placed with MHW implies full and unreserved acceptance of the T&Cs which can only be derogated from after prior, express and written acceptance by MHW. All the conditions listed in the GCS apply and prevail over any other writing, in particular those issued by the Buyer (General Conditions of Purchase, etc.). The fact of not availing himself, at a given time, of any of the provisions of the GCS cannot be interpreted by the Buyer as a waiver by MHW to avail himself of them later. The T&Cs form a whole with the price lists. The Buyer may not assign to a third party the obligations or rights arising from the GCS, in whole or in part, directly or indirectly.

2. DELIVERY TIMES AND ORDERS BY POST: Orders must reach MHW in writing at PERIGUEUX at least 21 (twenty-one) full working days before the date desired by the Buyer for the availability of the products of the permanent range, accompanied by prior payment, by check or bank transfer. In the absence of an express written acknowledgment of receipt of the order from MHW within 2 (two) full working days, confirming in particular the availability of the products requested, the order will be considered as not having been received. Any request for modification of an order must be submitted within a maximum period of 10 (ten) days following receipt of the proforma sent by MHW, it being specified that a modification, or suspension, or postponement or cancellation of an order by the Purchaser cannot be effective without the express, written and prior consent of MHW. A modification of the order may result in a price increase or cause new delivery times to run. In the event of cancellation of an order or failure to remove the products after a period of 90 (ninety) days following the date of provision of the products by MHW, the latter may demand without prior notice full payment of the order and other costs incurred such as storage of the goods. In the event of temporary unavailability of the products or delay in delivery, MHW undertakes to inform the Buyer and to do its best to deliver the products as soon as possible. The minimum order quantity and the order units must be defined and validated jointly by the parties, and their terms will be set out in the prices. MHW reserves the right to reduce or split any order presenting an abnormal character. By "abnormal" order is meant any order whose quantities are exaggeratedly different from those normally accepted by MHW during the Buyer's regular orders.

3. DELIVERY TIMES AND INTERNET ORDERS: Before placing any order, the Purchaser must create an account on the dermoioniq.com website. The account creation section is accessible directly from the side menu bar. At each visit, the Buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. MHW offers the Buyer to order and pay for his products in several stages, with 3 payment options to choose from: payment by check, bank transfer, Paypal or credit card.

The Buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), 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. The Buyer chooses the method of payment for his order, checks all the information, reads and accepts these general conditions of sale, then validates his order.

If the Buyer has opted for payment by check, he 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 print this order form, accompanied by his check made out to "MHW CARE" at the following address: 18 Rue Ernest Guillier 24000 PERIGUEUX. No cash payment should be sent. Only checks issued by a French bank will be accepted. Upon receipt and cashing of the check, the order will be processed and the Buyer will be informed by email. MHW will ship the products at the earliest 2 working days after cashing the check corresponding to the order, subject to provisions.

If the buyer has opted for payment by bank transfer, in order to finalize his payment and trigger the processing of his order, he must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of MHW, whose contact details are communicated to the Buyer. Upon receipt of the transfer, the order will be processed and the Buyer will be informed by e-mail. MHW will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

If the Buyer has opted for online payment, the shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier. The Buyer is redirected to the secure PAYPAL interface in order to securely enter his Paypal account references or personal credit card. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the latter, the Buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a bank 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 reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit from his bank, within 70 days following the transaction, or even 120 days if the contract binding him to the latter so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute formed by the cardholder. No cost of restitution of the sums can be charged to the holder.

The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the Buyer has an e-mail address and if he has provided it on his order form, MHW will send him by e-mail confirmation of the registration of his order.

For any order to be delivered outside the European Union, customs duties will be borne by the purchaser, who must pay them directly to the competent services of the country concerned.

If the Buyer wishes to contact MHW, he can do so either by post to the following address: 18 Rue Ernest Guillier 24000 PERIGUEUX; either by email at the following address: info@mhw.care, or by telephone on 05 53 88 25 60

4. PRODUCT PRESENTATION AND PACKAGING: MHW reserves the right to modify the presentation, shape and design of its products. MHW is then not required to apply this change to orders already running. Changes to the presentation, form or design of the products do not call into question the prices communicated and agreed between the parties, unless MHW deems it appropriate, in which case the new prices would in all cases be communicated to the Buyer within the fixed in article 5 below.

5. DELIVERIES: Delivery is made: either by direct delivery of the goods to the buyer, or at the place indicated by the buyer on the order form.

The delivery time indicated when registering the order is given for information only and is in no way guaranteed. MHW will make its best efforts to respect the indicative delivery times that it could give to the Buyer when processing his order. In the event of temporary unavailability of the products or a delay in relation to the indicative delivery date given by MHW, the latter will inform the Buyer and will do its best to deliver the products as soon as possible. No compensation, deduction or penalty will be due and the order cannot be canceled in the cases of unavailability or delay mentioned above. If the Purchaser refuses a delivery, MHW may postpone the scheduled delivery date by notifying the Purchaser in writing to that effect. MHW is authorized to make full or partial disposals. The risk of transport is fully borne by the buyer.

In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR.

Failing this, any order received by the Buyer will be deemed accepted by the latter 5 (five) full working days after delivery.

Delivery costs will depend on the place indicated by the buyer on the order form:
- In mainland France, delivery is free for the buyer.
- For the European Union, delivery is free from 150€ of purchase and 15€ for orders under 150€.
- For all other countries (Africa, Asia, America, Oceania as well as the DOM-TOMs), delivery is free from 200€ of purchase and 25€ for orders under 200€.

6. 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 their right of withdrawal and thus return the product to MHW for exchange or refund without penalty, except for the cost of return, provided that the product has not been opened.

In accordance with article L.121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for the supply of goods likely to deteriorate or expire rapidly or the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

The Buyer must return the product(s) to the following address, MHW CARE – Service Client – ZAC de Trenque 1 rue François Neveux 47550 Boé.

The Buyer must include in the package a document including his contact details, the date of order and the date of receipt of his order and his order number

The Buyer can use the following model withdrawal form:

I hereby notify you of my withdrawal from the contract relating to the sale of the following product:
Ordered on:
Received on...:
Name :
Address :
Signature :
Date :

The Buyer has fourteen days from the date of receipt of his order to return his product(s).

The Buyer must bear the costs inherent in returning the package.

MHW CARE recommends that the Buyer choose a mode of transport with tracking number. In the event of non-receipt of a customer return without a tracking number, MHW CARE will not accept any refund.

If the aforementioned conditions are met, MHW CARE will reimburse the Buyer, within fourteen days of receipt of the product(s).

7.RATES: MHW sets its rates for each calendar year from January 1 to December 31. In the event of price changes, MHW will ensure that the Purchaser is informed of them within 6 (six) weeks prior to their entry into force. The prices of the products, invoiced in Euros, are those in force on the day of shipment. The prices are indicated per container, per product, per product quality, excluding taxes as defined in the price lists.

8.PROMOTIONS: The promotions organized by MHW will in each case be the subject of a specific offer to the Buyer.

9. ONLINE SALE: In the case of resale of Dermoioniq products on a website, the Buyer must request authorization and the terms and conditions for putting them online from MHW, whatever the reason for the resale.

10.PAYMENT: Unless otherwise stipulated by MHW, invoices are payable in full upon ordering.

The Buyer is prohibited from automatically deducting penalties from the amount of the invoice corresponding to non-compliance with the provision or non-compliance of the products without the written agreement of MHW.

Payment is deemed to be made on the date the funds are made available to MHW, not when payment is made. When a Buyer's credit deteriorates, MHW reserves the right to require payment in advance, a payment guarantee or to set an outstanding limit. The Buyer's refusal to comply with such a request entitles MHW to refuse the sale of its products at the end of the 48 (forty-eight) hours following the MHW request. Any late payment, total or partial, of the invoices on their due date will automatically and without prior notice result in the application of late payment penalties due the day following the due date appearing on the invoice, the rate of these penalties corresponding to three times the legal interest rate, plus VAT, as well as the application of a lump sum compensation for recovery costs in the amount of 40 (forty) euros. In addition, MHW reserves the right: to ask the Buyer, upon presentation of supporting documents, for additional compensation if its recovery costs exceed the aforementioned amount; to suspend any new delivery or to cancel the delivery in progress until full payment of its invoices; to suspend the performance of its obligations; to reduce or cancel any discounts granted to the Buyer without prejudice to any other action that MHW would be entitled to bring against the Buyer for compensation for any damages. No discount is granted to the Buyer for advance payment, unless otherwise agreed in writing by MHW.

11. QUALITY: MHW undertakes that the products ordered comply in all respects with the legal and regulatory requirements in force, in particular with regard to:

-the quality, composition, presentation and labeling of the products;

- compliance with environmental regulations;

-labour and employment law;

- safety and hygiene.

MHW makes every effort to market products that are beyond reproach, both from the point of view of their quality and their presentation. Achieving these objectives implies that operators in contact with MHW products observe and/or enforce a certain number of minimum technical conditions:

Transport: The party in charge of transport undertakes during transport to load the products inside vehicles allowing the protection of the products against shocks, the sun, bad weather.

Storage: The Buyer undertakes to store the products upon their arrival in a warehouse allowing them to be properly preserved, in a clean place, protected from light, sun, frost, rain, without sudden variations in temperature and without contact with non-food products. MHW's emergency-quality contact information is: 18 Rue Ernest Guillier 24000 PERIGUEUX; either by email at the following address: info@mhw.care, or by telephone on 05 53 88 25 60

12. TRANSFER OF RISKS / RETENTION OF OWNERSHIP: The transfer of risks takes place at the time of the provision of the products (not unloaded) by the carrier to the Buyer, at the place of delivery previously agreed between the Buyer and MHW . The Buyer will insure the products as soon as they are made available. The products, wherever they are, remain the property of MHW until effective payment of the full price in principal and accessories by the Buyer. The Buyer will bear the cost of the risks, conservation and insurance of the products still unpaid. The Buyer may not pledge or assign the products as security before full payment of the price to MHW. In the event of garnishment or any other third-party intervention, the Buyer will notify MHW so that MHW can assert its rights. This retention of title clause will automatically apply in the event of receivership or judicial liquidation of the Buyer.

13. COMPLAINTS: Any action by the Buyer concerning a claim for money which he would owe to MHW, under the execution of sales contracts, must be brought within a period of 12 (twelve) months. . After this period, the action of the Buyer will be prescribed. In addition to the provisions relating to transport, complaints concerning apparent defects or non-conformity of the products delivered with the products ordered or the packing slip must be reported to MHW within 3 (three) full working days, from of receipt of the goods, at the place initially agreed between the Buyer and MHW by registered letter with acknowledgment of receipt. The Buyer will be responsible for providing all the necessary evidence to establish the real existence of the defects or anomalies. MHW will be free to observe, by any means, the defects or anomalies and to remedy them. The Buyer must have the carrier note any cases of damage or partial loss, on arrival on the carrier's delivery slip and notify him of his reservations or protests within 3 (three) working days of receipt, by extrajudicial document or by registered letter. The Buyer undertakes to inform MHW of this in writing immediately. MHW will not accept any return of goods without its prior written agreement to this effect.

14. INTELLECTUAL PROPERTY: All technical documents, products, photographs, visuals, texts delivered or shared by MHW to the Purchaser remain the exclusive property of MHW, the sole holder and/or manager of the intellectual property rights to these elements, and must be returned to him at his request.

The Buyer undertakes to use these elements for the sole purpose of executing the Order and this in accordance with the use and use defined by MHW.

The Buyer cannot claim any ownership or any right over the Intellectual Property of MHW and may not, under any circumstances, use it without the express written consent of MHW in all circumstances.

The Purchaser is prohibited from any use of these elements likely to infringe the industrial or intellectual property rights of MHW and undertakes not to disclose and/or transmit them to any third party without the express written consent of MHW.

15.FORCE MAJEURE: Any allegation of force majeure must be notified to the other party, by registered letter with acknowledgment of receipt as soon as the event of force majeure occurs and justifying the impediment it constitutes to the obligations of the party. . The execution by the parties of all or part of their obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the execution. However, this suspension does not apply to payment obligations. In the event that this suspension should continue beyond a period of 1 (one) month, the other party will have the possibility of terminating the current order.

16. CONFIDENTIALITY: The Buyer undertakes personally, and for the persons for whom he answers, not to reveal to anyone the information he may receive or collect during an order placed with MHW and this, during 5 (five) years after the provision of said order. Failure to comply with this obligation may immediately result in the automatic termination of all orders in progress by MHW, without the Buyer being able to claim damages.

17. PERSONAL DATA: MHW has adopted a policy for the protection of personal data (i.e. any data allowing the direct or indirect identification of a natural person).

By communicating personal data to MHW, the Purchaser consents to their being collected and processed by computer by MHW and its subsidiaries for the execution of the Order and more generally within the framework of the commercial relationship with MHW, in accordance with the applicable laws and regulations. The purposes are identified as the implementation of operations relating to customer management, the implementation of the commercial relationship, the development of commercial statistics, the management of unpaid bills and disputes, the management of general accounting, the management of complaints and after-sales services.

This data will be kept for a period of three years from the end of the commercial relationship.

This information intended for MHW may be transferred to its partners for the sole purpose of managing the order.

The Buyer retains the right, at any time, to access, consult, modify, delete, forget, transfer his personal data by contacting MHW: info@mhw.care

The Buyer may also, for legitimate reasons, oppose or limit the processing of personal data concerning him. The Buyer is entitled to lodge a complaint with the competent supervisory authority.

18. TOLERANCE: The parties mutually agree that the fact that one of them tolerates a situation does not have the effect of granting the other acquired rights. Such tolerance cannot be interpreted as a waiver to assert the rights in question.

19. APPLICABLE LAW and ALLOCATION OF JURISDICTION:
ONLY FRENCH LAW GOVERNS SALES BETWEEN THE PARTIES AND THEIR RESULT. ALL DISPUTES OR DISPUTES FOLLOWING AN OFFER, AN ORDER OR ITS EXECUTION, WHICH CANNOT BE THE SUBJECT OF AN AMICABLE SETTLEMENT, WILL BE SUBJECT TO THE SOLE JURISDICTION OF THE ANGOULEME COMMERCIAL COURT, EVEN IN CASES PLURALITY OF DEFENDANTS, APPEAL IN WARRANTY, REFERENCE OR INCIDENTAL CLAIM, AND THIS, NOTWITHSTANDING ANY CLAUSE TO THE CONTRARY, IN ANY OTHER DOCUMENT WHATSOEVER.

20. NULLITY: If a stipulation of the GCS were to be declared null or unenforceable, the other stipulations of the GCS will remain in force and valid and will continue to have effect.