Terms of Sales

ARTICLE 1 - PURPOSE

1.1 The purpose of these general conditions is to define the rights and obligations of the buyer ("the Customer") of any of the products ("the Product") marketed, via the website accessible at the address www.massagesanté.com ("the Site"), by the seller designated below ("the Seller"):

Health Massage

72 Colony Street, 75013 Paris - France,

Registered in the national business register under SIRET number 93084837900010

And whose customer service is accessible at the email address contact@massagesanté.com

This email address with an accent is supported by email applications. In very rare cases, it is possible that the email address with an accent is not supported. The email address of MassageSanté without an accent is in the following format which allows to encode the accent of the e of "santé": contact@xn--massagesant-lbb.com

To facilitate contact in countries where the use of the accent is not common, there is therefore a service email address.

It is as follows: service@massagesante.shop

1.2 These general conditions form the whole of the contractual provisions (“the Contract”) governing, in this context, the relations between the Seller and the Customer (“the Parties”).

1.3 Complete completion of the ordering process referred to in Article 2 implies full and complete acceptance of these general conditions communicated at the same time to the Customer.

ARTICLE 2 - PLACING AN ORDER

2.1 Any order for a Product on the Site requires the perfect completion of all of the following steps:

- On the “Catalog” page of the Site, the Customer must select each desired Product, then add it to their basket by clicking on the “+ Add to my basket” button, the Customer can then modify the quantity of each Product thus added to their basket;

- Once the order has been completed, on the “My basket” page, the Customer must click on the “Validate” button to finalize the order;

- In the next step, the Customer must enter his email address and the billing and delivery addresses (if different);

- Finally, in the last step, the Customer must enter their discount code if they have one, select the chosen delivery method, then pay the total amount of their order.

2.2 The Customer is informed that, before final validation of his order, the Seller offers him the possibility (I) to check the details of said order and its total price, (II) to identify any errors made in entering data and (III) to correct them.

2.3 After final validation of the order by the Customer, the Seller acknowledges receipt of said order by sending an email to this effect to the address provided by the Customer.

ARTICLE 3 - PRICE, INVOICING AND PAYMENT

3.1 The prices of the Products sold through the Site are indicated in euros and are inclusive of all taxes (“TTC”) and excluding additional delivery costs, the amount of which is mentioned on the Site where applicable, because standard delivery is free delivery.

3.2 Any Product ordered by the Customer is invoiced by the Seller on the basis of the price including tax and delivery costs in effect upon full completion of the ordering process described in Article 2, as mentioned on that date on the Site.

3.3 Each invoice issued by the Seller in accordance with the provisions of Articles 3.1 and 3.2 is payable in accordance with the terms described in Article 2.1.

3.4 The Customer is expressly informed that no order can be prepared or shipped until the total price has been paid in full.

ARTICLE 4 - DELIVERY AND REAL-TIME ORDER TRACKING

Subject to the provisions of Article 3.4, the Seller undertakes to deliver to the address indicated by the Customer during the ordering process referred to in Article 2, the Product(s) ordered by the Customer as soon as possible. On average, delivery takes 7 days (with dispatch within 48 hours of ordering).

The MassageSanté company is expressly committed to guaranteeing the best delivery times. Real-time order tracking has been set up on this page .

Emails are sent to the customer very regularly to inform him of the progress of his order. The customer is invited to check his spam box in case the filter of his email address makes an error. The customer must then approve the MassageSanté sender as legitimate.

ARTICLE 5 - RIGHT OF WITHDRAWAL AND REIMBURSEMENT

5.1 In accordance with the provisions of Article L. 121-20 of the Consumer Code, the Customer having the status of consumer has a right of withdrawal which he can exercise within a maximum period of fourteen (14) clear days from the delivery of the Product(s) concerned. When this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

5.2 In order to exercise the right of withdrawal referred to in the first paragraph of Article 5.1, the Customer must send the Seller, within the aforementioned period, an email to this effect to the address contact@massagesanté.com . In response, the Seller will send the Customer an email indicating the procedure and the return address for the Product(s) concerned.

5.3 In accordance with the provisions of Article L. 121-20 of the Consumer Code, in the event of exercising the right of withdrawal in accordance with Article 5.2, the Seller will reimburse the Customer for the amount of the returned products within a maximum period of thirty (30) clear days from the date on which said products were received.

It is understood that, in this case, the return costs are the responsibility of the Customer and the returned products must be "fit for resale", that is to say, in perfect condition and unopened.

ARTICLE 6 - WARRANTIES AND LIABILITY

6.1 - Legal guarantees

Under the conditions defined by the regulations in force, the Product(s) supplied by the Seller to the Customer benefit(s):

(I) The guarantee for lack of conformity defined in article 1603 of the Civil Code;

(II) The guarantee against hidden defects defined in articles 1641 et seq. of the Civil Code;

(III) When the Customer has the status of consumer, of the guarantee of conformity defined in articles L. 211-4 et seq. of the Consumer Code.

In accordance with Article L. 211-15 of the Consumer Code, the provisions of Articles L. 211-4, L. 211-5 and L. 211-12 of said Code, as well as those of Article 1641 and the first paragraph of Article 1648 of the Civil Code, are reproduced in full below:

- Article L. 211-4 of the Consumer Code:

“The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

- Article L. 211-5 of the Consumer Code:

“To comply with the contract, the property 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 in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling.

6.2 - Commercial guarantee

6.3 Any warranty is excluded in the event of modification, without the express authorization of the Seller, of the Products, in the event of use not in accordance with the recommendations contained in the instructions for use of the Products, of negligence or lack of maintenance of the Products, as well as in the event of an accident not attributable to the Seller or of force majeure within the meaning of case law.

ARTICLE 7 - INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY

The domain name www.massagesanté.com , as well as all elements and content appearing on the Site, are the exclusive property of the Seller and are protected, throughout the world, under copyright and intellectual property rights.

Their reproduction, even partial, is strictly prohibited, except with the prior and express authorization of the Seller.

Under the same conditions, their use is limited to strictly private use.

Any reproduction or any other use constitutes counterfeiting and is punishable as such under the Intellectual Property Code, unless prior express authorization is obtained from the Seller.

ARTICLE 8 - PERSONAL DATA

8.1 The communication to the Seller by the Customer, during the ordering process described in Article 2, of personal data concerning him is necessary for the conclusion and execution of the Contract. This data is collected and processed in accordance with Law No. 78-17 of January 6, 1978, for the purposes of executing said Contract and promoting the activities of the Seller, as well as for purely statistical purposes. The Customer is expressly informed that the personal data concerning him are not subject to any transfer, whether free of charge or for a fee, to any third party.

8.2 The Seller is responsible for the processing referred to in Article 8.1. Also, the Seller complies with the General Data Protection Regulation (GDPR).

8.3 The Client has a right of access, a right of rectification and a right to delete personal data concerning him. The Client may also object, for legitimate reasons, to the processing of data concerning him. The Client may exercise all or part of these rights by sending an email to this effect to the following address: contact@massagesanté.com

ARTICLE 9 - APPLICABLE LAW AND DISPUTES

9.1 The Contract is subject to French law.

9.2 ALL DISPUTES TO WHICH THE CONTRACT MAY GIVE RISE, CONCERNING BOTH ITS CONCLUSION, ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, AS WELL AS ITS TERMINATION, ITS CONSEQUENCES AND ITS FOLLOW-UP, ARE SUBJECT TO:

(I) WHEN THE CUSTOMER HAS THE STATUS OF A CONSUMER, FRENCH COURTS HAVE JURISDICTION UNDER THE CONDITIONS OF COMMON LAW;

(II) WHEN THE CUSTOMER DOES NOT HAVE THE QUALITY OF CONSUMER, THE EXCLUSIVE JURISDICTION OF A FRENCH COMMERCIAL COURT, NOTWITHSTANDING MULTIPLE DEFENDANTS OR WARRANTY APPEAL, INCLUDING FOR EMERGENCY, CONSERVATORY OR REQUEST PROCEDURES.