General Conditions of Sale (GTC)
Preamble / Identity of the seller / Access to professional and commercial rules if applicablet)
The preamble recalls the objective of the general conditions of sale. It also serves to remind, where applicable, that certain products for sale on the site are subject to special conditions of sale. The preamble also makes it possible to know the professional and commercial rules to which the seller intends to comply, if applicable.
These conditions indicate in particular the following information:
- Means of reproduction and archiving of these conditions
- Legal notices of the site evosmile.Fr
- The general conditions of use of the site evosmile.Fr
- The essential characteristics of the goods offered
- The different steps to follow for the conclusion of the contract online
- Technical means of identifying and correcting errors made during data entry
- The languages offered
- Procedures for archiving and access to the contract
- The means of consulting the professional and commercial rules to which the seller intends to comply
- Legal and contractual guarantees
- Delivery times, costs and terms
- Monitoring the delivery and costs of remote communication techniques
- The price
- Payment terms and means of security
- Details on how to exercise the right of withdrawal,,
- The duration of the contract and the validity of the price.
Last updated on 09/01/2018
EvoSmile is a service provided by FEHYM EVO
To see the legal notices of the evosmile site.Fr,Click here
To see the general conditions of use of the evosmile site.Fr,Click here
It is specified beforehand that the present conditions exclusively govern the sales, by the site evosmile.Fr
These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders you place on this site.
evosmile.Fris not the manufacturer of the goods for sale. The characteristics presented, photos, descriptions are taken from the information given by the supplier. However,ins,
evosmile.Fr respects the quality and current manufacturing standards.
If the product and / or characteristics do not match the product received by the customer. We invite you to click here to see the site's refund policyevosmile.Fr
These general conditions are presented in French.
We exercise and we are subject to the micro-enterprise regime. You can find the rules and conditions of this plan in clicking here.
Section 1 - The different steps to follow for the conclusion of the contract online
On the Internet : https: //evosmile.Fr or www.evosmile.Fr
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click Add to Cart. At any time while browsing our site, you can confirm your order by clicking on Payment.t ».
Validation of the contract
When you click on Payment, a confirmation message appears. It summarizes all the products and options selected. On this page, you can either update your basket by modifying quantities and / or deleting one or more articles, or continue by checking the box: I accept the GTC and Secure payment.urisé ».
If you do not have to modify the form and if you want to continue with your order, you must click on Continue to send method. ».
To continue your order, you must finally click on Continue to the payment method then Place my order.e ».
After payment on our secure server see "payment", an acknowledgment of receipt is displayed. It confirms the registration of your order and informs you that an electronic confirmation message will be sent to you as soon as possible.s.
In the event of a risk relating to product availability, we reserve the right to refuse an order for the same product from a certain quantity greater than 100.).
Technical means of identifying and correcting errors
You have the option at any time to identify and correct your mistakes when entering your data. When you notice an error after the conclusion of the contract, you must contact us (click here to access the '' contact us '' section‘)
Section 2 - Procedures for archiving and accessing the contract
We will archive contracts, purchase orders and invoices on a reliable and durable medium.
You have the right to communicate these documents for orders of an amount greater than or equal to 120..
Section 3 - Legal and contractual guarantees
In accordance with the legal provisions in force relating to the conformity of the goods with the contract, in terms of hidden defects available in appendix 1 of these conditions, we will reimburse you, repair or exchange any product apparently defective, damaged or damaged or not corresponding to your order. .e.
We will also reimburse you for all return costs upon presentation of the supporting documents. Photo, video, etc..)
If so, we invite you to read our Refund Policy.
We do everything possible to satisfy you. We are responsible for the proper execution of these general conditions However, our responsibility cannot be incurred due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or the fact of non-compliance of the product to foreign legislation in the event of delivery to a country other than France..
Section 4 - Delivery times, costs and terms
Terms of delivery
We will deliver the products to you at the address indicated in the order form.
We will deliver to you at the latest on the date indicated in the confirmation message of your order. 3 to 5 working dayss)
If there is a delay in delivery, we will notify you by email as soon as possible and suggest a new date.
In case of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.
Sureevosmile.FrlThe delivery costs are chargeable.
You can contact us by email for any questions about your delivery (click here to access the '' contact us '' section‘)
Nevertheless, we remind you that we offer you the service: Order notification which gives you real-time notifications concerning the status and progress of your order On average, 1 notifications every 2 daysurs)
Section 5 - The price
The prices of our products are indicated in euros including tax
If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.
The payment of these duties and taxes is your responsibility and we invite you to check with the competent authorities in your country. You should also check the possibilities of importing or using the products you order from us in the country of destination.n.
Section 6 - Payment terms and means of securing
We do not collect your payment until the time of shipment. You can therefore freely cancel your order as long as it has not been handed over to our carrier for shipment. As soon as your order is delivered for shipment, an electronic message informs you that we will collect your payment.
Nevertheless, it can sometimes happen that the collection of the payment takes place at the time of the conclusion of the contract.t.
Means of payment
You have several payment methods to pay for your purchases on
- Either by bank cards: Visa, MasterCard, American Express, other credit cards:
Payment is made on the secure banking servers of our STRIPE partners as desired. This implies that no banking information concerning you passes through our site.
Payment by credit card is therefore perfectly secure; your order will be recorded and validated upon acceptance of payment by the bank you have chosen.
- Or by PayPal:
With PayPal your financial information is never communicated toevosmile.Fr . Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.
Payments via our site are subject to a security system. We have adopted the SSL Secure Soket Layer protocol to encrypt credit card details. To protect you against a possible intrusion, we do not store credit card numbers on our computer servers.es.
Section 7 - Satisfied or refunded: modalities for exercising the right of withdrawaln
In accordance with legal provisions, within 14 days of receiving your product, you can exercise your right of withdrawal. You don't have to justify reasons or pay a penalty. With the exception of return costs, which are your responsibility, we will reimburse you for all amounts paid no later than 30 days following your withdrawal. On our proposal, you can also opt for another reimbursement method.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's particular specifications or on audio, video or computer software recordings unsealed by the customer.
Section 6 - The duration of the contract and validity of the price.
The products remain the sole property ofe evosmile.fr until full payment of the price by PayPal or Stripe..
Our price offers are only valid within the double limit of the period of validity of the offer concerned and of available stocks..
Our offers of goods and prices are valid if they appear online on the site on the day of the order.e
Section 7 - Applicable legislation / Competent jurisdiction
These conditions are subject to French law.
In the event of a dispute on the substance or on the form, the French courts will have sole jurisdiction.
Section 8 - Contact us / after-sales service
If you wish to contact us, our customer service is at your disposal at the following address:: contact@evosmile.Fr
Section 9 - Personal information
We collect your personal information for the management of your orders and the follow-up of our commercial relations.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
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.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
To be in conformity 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 between 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..
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.
Defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty is open to him:
1 If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint;;
2 Or if this solution cannot be done without major inconvenience for the latter given the nature of the good and the use he seeks..
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
The action resulting from the lack of conformity lapses two years after delivery of the goods.
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Annex 2: Provisions of the Civil Code concerning the guarantee against hidden defects
The seller is bound by the guarantee 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 has not acquired it. would have given a lower price, if he had known them.
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
The seller of a building to be built cannot be discharged, either before the acceptance of the works, or before the expiration of a period of one month after taking possession by the purchaser, of construction defects or defects. of conformity then apparent.
There will be no termination of the contract or reduction of the price if the seller undertakes to repair.
He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned, as it will be arbitrated by experts. .
If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
The seller of a building to be constructed is bound, from the reception of the works, to the obligations of which the architects, contractors and other persons linked to the project owner by a contract for the leasing of the work are themselves bound by application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no cancellation of the sale or reduction of the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in article 1792-3.
If the item which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable towards the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
It does not take place in sales made by authority of justice.