Terms and Conditions

The present general terms and conditions of sale, hereinafter referred to as these "GTC", govern all relations between:

MEDISOURCE, a limited liability company with registered office at 47 B - Boulevard CARNOT - 13100 AIX EN PROVENCE, France

Hereinafter referred to as"the Seller”

And

All individuals, in their full legal capacity, and legal persons purchasing on this website.

Hereinafter referred to as “the Buyer” or “the Buyers”.

 

Purchases are of physical products, hereinafter referred to as “the Products” or “the Product”.

This website is accessible via the URL https://medcline.eu/ (“the Site”).

These GTC shall apply without restriction or reservation to all sales concluded between the Buyer and the Seller on this Site by the conclusion of the online contract, hereinafter referred to as “the Contract”, between them.

The Buyer and the Seller shall hereinafter also be referred to as “the Parties”.

MEDISOURCE benefits from an exclusive distribution contract for the Products with the Company Amenity Health, a Californian company, which holds the exclusive property of the domain name “medcline”.MEDISOURCE is authorised to operate the website https://medcline.eu/.

The Site’s product pages report the following information:

• The characteristics of the Products and services offered; (Main characteristics such as dimensions, main materials, finishes, technical specifications, illustrations and categories of use of the Products)
• The Product prices;
• The validity period of the offer and the price;
• The terms of payment, delivery or performance;
• The existence of the statutory right of withdrawal for consumers.

The main characteristics of the Products are presented on each product page. The Buyer is encouraged to read them carefully before making an order.

The Seller may suggest products or services to the Buyer according to the Buyer’s inclinations and purchase behaviour. These suggestions are in no way intended to constitute medical advice.  

The device benefits from a declaration of conformity at the European Union level dated 29 November 2021, respecting the EU Regulation 2017/745 of the European Parliament and of the Council dated 05 April 2017 concerning medical devices.

The Seller holds an exclusive distribution right for various European countries, including The United Kingdom, granted by the owner of the device patent:

 

 

ARTICLE 1 – CONCLUSION OF THE CONTRACT

• Purpose and scope

The purpose of these GTC is to define the rights and obligations of the concerned parties.

These GTC apply to all sales of Products offered on the Site. The Buyer expressly declares to accept them in their entirety, without reservation.

Acceptance of these GTC shall take effect upon submission of the order by the Buyer. The applicable GTC are those in force on the day the order is submitted by the Buyer.

The Seller reserves the right to modify the GTC at any time and without prior notice, the modifications being then applicable to all orders submitted after that modification is published on the Site.

As a consumer, the Buyer enjoys specific rights governed by the law in force and by the applicable Consumer Law. These statutory provisions, including those referred to in the body of these GTCs (e.g., the right of withdrawal, etc.) shall not apply to any sale to a professional customer in the exercise of their professional activity.

 

1.2 Execution of the order

Orders may be placed exclusively online.

Buyers may browse the various pages of the Site to find out about the Products available for sale. Each Product has a dedicated page with the main characteristics mentioned in the product description.

Buyers may add the Product(s) to their virtual basket by clicking on "Add to basket”. Once their basket is completed, they go to the "Basket" page summarising the composition of their basket (quantities, price, subtotal and total before discount and transport). Their basket can still be modified at this stage.

Then, Buyers may click on the "Order" button to go to the page that allows them to validate the contract.

 

1.3. Validation of the Contract

When Buyers reach the confirmation page, they must choose the method of payment and fill in all the information necessary for the delivery of their order. For instance:

• Email
• Last name, first name
• Detailed delivery address
• Telephone

The e-mail address serves as a unique identifier for the Buyer so that the Seller can process the order electronically.

The delivery address is essential for the proper performance of the Contract. It is the responsibility of the Buyer to ensure the accuracy of the information provided (surname, first name, address, additional address, postcode, town, country, company if applicable, optional elements such as digicode, floor, etc.). The telephone number allows the Seller to contact the Buyer in case of any need regarding its order.

The delivery address also allows the calculation of automatic delivery charges.

Then, the Buyer may confirm their choice by clicking on the "Continue to delivery" button. The Buyer is then offered various alternative delivery options with their respective price.

The order total is updated according to the delivery choice made. The Buyer may then proceed to payment. The different options available are displayed. If necessary, the Buyer can enter a different billing address from the delivery address.

In order to validate the Contract, Buyers shall then tick the box to accept these GTC. The Contract will only be considered valid after that the Seller has communicated to the Buyer acceptance of the order. The email with which the Seller acknowledges receipt of the order doesn’t represent acceptance of the order.

The Seller reserves the right to refuse any order from a Buyer at their own discretion, for instance in case of an ongoing dispute relating to the payment of a previous order or for other reasons. The Seller also reserves the right to cancel or refuse any order from a Buyer who has fraudulently used the promotional code system.

The Seller reserves the right to suspend the execution of the order if certain information provided by the Buyer appears to be obviously erroneous and/or incomplete. The Seller will then contact the Buyer to verify and/or correct and/or complete the information provided in order to resume the execution of the order. If the Buyer cannot be contacted within 7 working days, the Seller reserves the right to cancel the order and thus not conclude any Contract.

 

1.4. Errors

The Buyer may correct any errors in the information provided at any time prior to the conclusion of the Contract.

Once the order has been placed, the Buyers will receive confirmation of their order by e-mail. The Buyers may also, if they have chosen to create a customer account, access this information at any time on the Site.

In the event of an error by the Buyer in the wording of their contact details or the place of delivery, resulting in the misplacement of the Product(s), the Buyer remains responsible for payment of said lost Product(s).

Any new order can only be placed only after that the Buyer has paid in full the price due for any previous orders.

In the event of an error on the part of the Buyer in providing their contact details or delivery address resulting in the non-delivery of the Products and/or their return to the Seller’s logistics services, the Seller shall not be held responsible for the failure to deliver the Products. In this case, the costs incurred for a new delivery shall be borne by the Buyer.

In the event of an error found after the conclusion of the Contract, the Buyer must contact the Seller as soon as possible, although the Seller cannot guarantee, on account of organizational or logistical reasons, that the Seller will be able to modify or cancel the order.

 

 

ARTICLE 2 - GEOGRAPHICAL COVERAGE OF THE OFFER

The Products sold on the Site may be delivered to: Europe (including Austria, Belgium, France, Germany, Luxemburg, Spain, Netherlands, Croatia, Czechia, Denmark, Estonia, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Poland, Portugal, Slovakia, Slovenia, Sweden, Switzerland, Bulgaria, Finland, Greece, Norway, Romania, Serbia, Cyprus, Malta, Iceland, Mayotte, Réunion) and United Arab Emirates.

This area is subject to change, and the Seller will endeavour to update it in due course.

The Seller may use filters on the Site to block and/or restrict orders from countries not covered by the offer.

 

 

ARTICLE 3 - DURATION OF THE OFFER

The Site offers are valid for as long as the related Products remain online, available for sale, and conditional to stock availability.

 

ARTICLE 4 - PRICES

The prices of the Products indicated do not include the contribution to the shipping costs (also called delivery costs) which are invoiced independently and explicitly before the conclusion of the Contract. The shipping costs are calculated according to the place and method of delivery chosen by the Buyer.

 

ARTICLE 5 - SECURE PAYMENT METHODS

The purchase price may be paid only electronically by:

• Bank cards (Visa, Mastercard, American Express)

Payments are made on the secure servers of the payment partners mentioned. No banking information of the Buyer is managed by the Site.

Payments are secured by the latest protocols. Payment is made in full as a single payment.

 

 

ARTICLE 6 – NON-PAYMENT AND RETENTION OF TITLE

The Products ordered remain the property of the Seller until the final and full payment of their price, including shipping and taxes. This is notwithstanding the date of delivery of the concerned Products.

The Seller reserves the right to reclaim the Products ordered in the event of non-payment. In this case, the Buyer undertakes to return any unpaid Products, at the Seller's first request, at their own expense.

 

 

ARTICLE 7 – ORDER EXECUTION

The Seller makes its best effort to fulfil orders within the timeframe specified on the Site on the date when the order is made, unless otherwise agreed between the Seller and the Buyer.

This timeframe is understood to be the time required to prepare the order until it is handed over by the Seller’s logistical provider to the courier.

The delivery time depends on the day and time of the order placement, which, save exceptional situations (e.g., health crises, etc.), is defined as follows:

• For all orders placed from Monday to Friday (excluding public holidays), the Products are normally dispatched no later than one working day after the order is placed.
• At weekends and on public holidays, shipment is postponed to the next working day.

In the event of an exceptional delay in the execution of the order, the Seller undertakes to inform the Buyer as soon as possible and to specify the updated timing of delivery. The Buyer will confirm by e-mail its choice either to accept the new delivery time or to be refunded.

When the Buyer orders several Products in a single order and the delivery time is not the same for all Products (for instance, when a Product is out of stock or in case of a pre-order), all Products will still be shipped together. The Seller reserves the right to split these shipments at its own expense.

 

 

ARTICLE 8 - DELIVERY

Orders are delivered to the address indicated by the Buyer when placing the order.

As explained above, in case of an error on the part of the Buyer in providing their contact details or stating the delivery address and resulting in the misplacement of the Product(s) or in a failure to deliver the Product(s), the Buyer shall remain liable for the payment of the lost Products. In all these cases, the costs incurred for a new delivery shall be borne by the Buyer.

The Seller undertakes to take the necessary measures to delivery Products ordered in the quickest and smoothest possible way.

The delivery times indicated on the Site are the average times usually applied by the chosen couriers, depending on the service purchases, to deliver the order to the Buyer.

After shipping the order, the Seller will provide the Buyer with a tracking number to allow the Buyer to follow the status of shipment.

Delivery shall be deemed to take place as soon as the Product is handed over to the Buyer or to a person designated by the Buyer or left in a safe place upon the Buyer’s authorization.

Upon delivery, the Buyer or any person authorised to receive the package(s) must check the contents, conformity and condition of the Product(s).

Therefore, the Seller encourages the Buyer to check the condition of the package(s) and the Products delivered before acknowledging receipt of the parcel at the moment of delivery. If the Buyer or any person authorised to receive the parcel notes apparent defects or anomalies, they must refuse delivery of the Products and leave specific reservations on the delivery note.

If Buyers notice any anomaly in the order or in the delivery, they should promptly inform the Seller by email.

Delivery will take place exclusively on working days (i.e. Monday to Friday) unless explicitly stated otherwise. In case of delay, damage, total or partial loss of the Products, or any other problem, the Buyer should contact the Seller.

If the recipient is absent at the time of delivery, the carrier will leave a delivery notice (by e-mail or on paper) at the delivery address indicated by the Buyer, indicating the relay point where the product can be collected.

The order must be collected from the address and in the manner indicated by the carrier. If the order is not collected within the time limit set by the carrier, the order will be returned to the Seller who reserves the right to reimburse the price of the order, with the shipping costs remaining at the Buyer's expense.

 

 

ARTICLE 9 - PROMOTIONS

Within the framework of general or special marketing operations, the Seller may offer at its discretion specific Products, for free or discounted, even when not displayed on the Site (“Promotional Products”).

The Seller may also offer promotional codes for specific Products, the duration and conditions of which will be expressly indicated to the Buyer wishing to use the code.

If the Promotional Products are linked to the order independently of its content, then the Buyer wishing to return its entire order must also return the Promotional Products.

If the Promotional Products are linked to one or more Products ordered which do not constitute the entirety of the order, then the Buyer wishing to return the Product(s) ordered linked to the Promotional Products, will also have to return the Promotional Products.

In the absence of the return of the Promotional Products, the Seller reserves the right to deduct the value of the missing Products from the refund.

 

 

ARTICLE 10: PRODUCT AUTHORIZATIONS

The Products are shipped from France. For any purchase for export outside the territory of the European Union, it is the Buyer's responsibility to ensure that the requirements of the legislation in force in the country of importation are met.

The Seller shall not be considered as the importer of the Product ordered and shall in no way be held responsible for non-compliance with the legislation of the country concerned, with particular respect to healthcare and safety requirements.

 

 

ARTICLE 11 - WAIVER

In the event of an error concerning one or more Products, the Buyer undertakes to contact the Seller as soon as possible by email to this address: contact@medcline.eu

IN NO EVENT SHALL THE SELLER BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO ECONOMIC LOSS OR LOSS OF PROFITS SUFFERED OR INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY BREACH OF THESES GTC OR ANY TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY OR NEGLIGENCE) COMMITTED BY A PARTY IN CONNECTION WITH THIS AGREEMENT.

 

ARTICLE 12 - FORCE MAJEURE

In addition to the cases of force majeure usually upheld by jurisprudence (war, epidemic, riot, fire, etc.), the following are expressly considered to be cases of force majeure: total or partial strikes, internal or external to the Seller, governmental or legal restrictions, breakdowns of computer and/or telecommunications resources, including networks, and particularly the Internet.

The occurrence of a case of force majeure shall initially suspend the execution of the order by operation of law.

If, after a period of 3 months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

 

 

ARTICLE 13 - RIGHT OF WITHDRAWAL (CONSUMER ONLY)

The Buyer, as an individual consumer buying the Products outside of a business or profession within the statutory meaning, has a right of withdrawal for a period of 14 (fourteen) days from the date of delivery of the concerned Product.

The date of delivery is the day when the concerned Product is handed over to the Buyer or to a person designated by the Buyer or left in a safe place upon the Buyer’s authorization.

If this 14-day period expires on a Saturday, Sunday or public holiday, the deadline is extended by law to the next working day.

The right of withdrawal may be performed by the Buyer in writing by sending an email to: contact@medcline.eu

Alternatively, the Buyer may send a letter to this address:

 

The email and/or the letter where the Buyer performs the right of withdrawal must be sent and/or posted before the expiration of the 14-day period.

The Buyer must wait for the Seller’s authorization before shipping the Products for which they are performing the right of withdrawal back to the Seller.

If the right of withdrawal is performed after the delivery of the concerned Products, the Buyer must ensure that the Products returned have not suffered any depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.

The Products must be returned by the Buyer at their own expense - unless otherwise stated on the page of the Product concerned or decided by the Seller - and accompanied by all their accessories, tags, etc. to allow the Seller to proceed to their subsequent resale.

No return will be accepted if the Buyer has failed to notify the Seller in advance and/or has not received the Seller’s authorization to return the Product(s).

No product return will be accepted if the returned Products show to be damaged, stained or ruined due to the Buyer's action.

After that the Seller has checked that the conditions for the right of withdrawal are all met, the Seller will refund the customer the price of the returned Product(s) and the initial shipping costs within 14 working days. The refund will be made to the payment method originally used by the Buyer or, but only if agreed by the concerned parties, via another payment method.

The Buyer must dispatch the Products to the following address with 14 days from the day when the Buyer has been authorized by the Seller to return them:

 

Instead of a refund of the purchase price, the Seller may also offer the Buyer a voucher for a future order on the Site, which the Buyer is completely free not to accept, preferring instead to be refunded of the purchase price.

As provided by the applicable law, the right of withdrawal shall be deemed excluded when the package including the Product(s) has been opened by the Buyer and the Product cannot be returned on the ground of hygiene or health protection. In the case of a medical product for personal use, once the protective packaging has been removed, the Product cannot be returned to the Seller for reasons of hygiene.

 

 

ARTICLE 14 – STATUTORY GUARANTEE

The Products are covered by the statutory guarantee of conformity against defective, non-conforming or damaged Products or those not corresponding to the order (the “Statutory Guarantee”).

The Seller cannot be held liable in case of misuse, negligence or lack of proper maintenance by the Buyer, nor in case of normal wear and tear of the Product, accident or force majeure.

Complaints about the non-conformity of the Product(s) delivered with the order must be made in writing (by post or e-mail, or via the contact form) directly to the Seller.

The Statutory Guarantee is, in any case, limited to the replacement or reimbursement of the price of Products that do not conform or are affected by a defect.

To exercise the Statutory Guarantee, the Buyer must inform the Seller who will then indicate the procedure to follow to return the Product, if necessary.

When the requirements of the Statutory Guarantee are met, the Product will be exchanged for an identical Product and sent to the Buyer at the Seller's expense, except in the event of lack of stock. In this case, the Seller will refund to the Buyer the price paid for the Product.

 

 

ARTICLE 15 - MISCELLANEOUS

These GTC express the entirety of the obligations between the Seller and the Buyer. 

No waiver of any breach of any provision of these CTG shall constitute a waiver of any prior, concurrent or subsequent breach of the same CTG or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

If one or more of the provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall nonetheless retain all their force and scope.