Terms and conditions

Article One - Foreword

SELARL PHARMACIE DU THEATRE hereafter referred to as « Pharmacy ») is a dispensing pharmacy operating under the licence number XXXXXXX. Its registered office is located at 2 Rue Corneille, 37000 Tours and SIRET number 507 509 784 00017. It is managed by Delphine JUSSEAUME registered to the French Pharmacy Order under the number 10000395516.

The publication and management of the site are carried out by the pharmacy. The online pharmacy is a commercial extension of the Pharmacy's economic activities. Any Internet user who accesses the online pharmacy is free to order medicines and/or parapharmaceutical products for his/her use..

The sale of over-the-counter medicines and/or parapharmaceutical products is carried out directly between Internet users and the Pharmacy. The order process and the delivery service offered differ according to the products purchased (drug and/or parapharmaceutical). Supporting documents may be required in order to validate the order and/or to take possession of it by home delivery when this option is available or by going to the Pharmacy.

Article Two - Purpose of the General Terms and Conditions of Sale

Within the framework of articles L5125-33 and following of the Public Health Code, the present general terms and conditions of sale (hereafter referred to as "GTC") define and frame the conditions of online sale of medicines, medical products and/or parapharmaceutical products (hereafter referred to as "Products") on the website (hereafter referred to as "Officine"), a commercial extension of the Pharmacy's economic activities. The GCS apply to any purchase made on the Officine online pharmacy by any person located in France and for any delivery made exclusively on French territory..

Article Three -Scope of the GTC

In accordance with the legislation in force and for information purposes, the GCS are made available without any obligation to purchase to any person who accesses and consults the online pharmacy. The GCS are applicable within the framework of any sale of Product(s) and on the day of the placing of any order for Product(s). The GCS are applicable to any Internet user who purchases one or more products on the online pharmacy (hereafter referred to as the "Customer"). Only persons at least sixteen (16) years-old are authorized to purchase products. By ticking the box provided for this purpose during the process of purchasing products from the online pharmacy, the Customer accepts the GTCS. The firm and final acceptance of the sale is reflected by the acceptance of the GCS and the final validation of the order. To this end, the Customer freely and knowningly provides his bank details.

Article Four - Medication

In compliance with article L5125-34 of the French Public Health Code, "only medicines that are not subject to compulsory prescription may be the subject of e-commerce". It is not possible to order compulsory prescription drugs online. For all medicines that require a prescription, the customer must go to the pharmacy to present the original prescription to a pharmacist and pay for it. Non-prescription products may be purchased directly from the website provided that they follow the purchase process for non-prescription drugs described in the ordering process below. These same products purchased online can then be picked up by the Customer at the Pharmacy or delivered to the Customer.

Article Five - The online ordering Process

""The sale of all Products is exclusively limited to metropolitan France, including Corsica. Consequently, only persons located in this territory are authorized to order Products from the online pharmacy. Any order to be delivered outside metropolitan France, including Corsica, is automatically cancelled. The Customer completes his order on the online pharmacy from the catalogue of available Products and by means of the order form provided for this purpose. After acceptance of the GCS and provision of bank details, the Customer validates his order online and definitively his order of Products by clicking on the electronic button provided for this purpose. Any order accepted and validated is worth acceptance of the total price of the order, in Euros (€) and all taxes included (including VAT) of the Products purchased by the Customer and any delivery charges"" or "All the offers proposed on the site are limited to the countries proposed at the time of delivery. The offers are valid only when they appear on the site and when stocks are available. The prices thus proposed in our offers are displayed inclusive of tax. Delivery costs are not included and will be the subject of Article XXX. Additional costs may be added at the customer's expense and will be indicated before the validation of the order. The prices of the products on line can be modified at any time by the seller and its modifications will not impact the orders already validated. For all orders to French Overseas Departments and Territories, the price excluding VAT will be displayed on the customer's invoice. Customs duties or other import charges are at the customer's expense. We therefore advise you to inquire with the competent authorities for the prices". The process of purchase on the online pharmacy is as follows: - Identification of the Customer with obligatory creation of a customer account. - Choice and placing in the shopping cart of the product(s). - Consultation of the leaflet(s) of the medicine(s) not subject to compulsory prescription placed in the basket. - The Customer undertakes not to exceed the maximum quantity of non-compulsory prescription drugs of which he is informed when the basket is overfilled (this quantity is blocked when the basket is filled). It is strictly forbidden to place a second order in order to exceed the maximum orderable quantity of the medicine concerned. - Filling in a health questionnaire for any order of medicines not subject to compulsory prescription and attestation of the veracity of the information provided. - Indication of billing and delivery addresses. - Mandatory indication of a telephone number for contact in case of need in connection with the order. - Choice of order pick-up method: at the pharmacy or by delivery if proposed. - Choice of payment method. - Attestation of the validity of the health information previously declared. - Acknowledgement and mandatory acceptance of the GCS. - The Customer will directly receive an invoice inserted in the parcel containing the ordered products. - Summary of the order with indication of the prices and miscellaneous costs, in particular delivery costs. - Choice of the method of payment (see article "Method of payment" of the GCS). - Information on bank details. - Acceptance, validation and payment of the order (secured with HTTPS and 3D-Secure). - Automatic sending to the Customer of an email confirming the order to the email address as indicated by the Customer when ordering. - Acceptance by the Customer of the fact that online payment of the order does not constitute acceptance of delivery by the pharmacist. - When ordering online a medicine not subject to compulsory prescription, the Customer is informed that his pharmaceutical record (PD) cannot be supplied by the pharmacist but that it is possible to have it supplied when passing through the pharmacy. The delivery is only taken care of and managed once the payment has been confirmed by the Pharmacy's bank. Any error of information and/or data entry at the time of each order is likely to vitiate the order, prevent its payment and/or make delivery impossible. As such, the Customer is advised to pay close attention to the information he gives and to his data entry. Similarly, the Customer is advised to read and reread his order summary as well as the GCS. In the event of an error of any kind, the Pharmacy concerned reserves the right to block, cancel or not honour the order. Pierre Fabre Dermo Cosmetics (A-derma, Avène, Ducray, Elancyl, Klorane, Galénic and René Furterer) limits the sale of its Products to 6 identical references sold to the same end user during a period of 15 consecutive days. We are obliged to inform Pierre Fabre Dermo Cosmetics for any delivery request exceeding this number.

Article Six - Privacy policy - Protection of personal data

The visit to the online pharmacy results in the collection of the IP address in the log files of the company Selarl Pharmacie du Théâtre. All operations accessible after registering in the online pharmacy involve the collection, processing and storage of personal data. In application of the French Data Protection Act of 1978, files containing such data have been declared to the Commission Nationale Informatique et Libertés (CNIL). All files containing personal health data are stored on computer servers managed and secured by a data hosting company that meets all applicable legal obligations in terms of the storage of health data. Our Personal Data Protection Policy can be consulted by clicking on the following link and sets out our commitment to the protection of your personal and health data. The rights relating to the protection of the personal data of each Internet user registered on the online pharmacy and their terms of exercise are specified in our Privacy Policy. No telephone canvassing. Although we do not carry out any telephone canvassing, in accordance with Article L223-2 of the French Consumer Code, any person who provides his or her telephone details when registering on the pharmacy's website has the right to register on the telephone canvassing opposition list, the BLOCTEL device www.bloctel.fr.

Article Seven - Order tracking

On the online pharmacy, the Customer can track his order. These functions are available on the webpage "My Account" below personal information.

The Products are offered for sale on the online pharmacy within the limits of available stocks. For technical reasons related to stock management, we cannot guarantee the effective and immediate availability of our products. In the event that one or more products in his basket are no longer immediately or totally available when his order is processed, the Customer is informed as soon as possible by telephone, by messaging or by e-mail. Several options are then offered to the customer: - Receive the product ordered at its availability - When the pharmacy can restock within a maximum period of 48 hours, the Pharmacy can inform the Customer by specifying the dates and/or deadlines of availability of the said Products unavailable at the time of his order; - Cancellation and full refund of the order; - Replacement of the product(s) ordered by an equivalent product(s); All exchanges of information and/or data as well as bank details are secure and subject to Articles 1316-1 and following of the French Civil Code, particularly with regard to proof in electronic form. Cases of force majeure or period of closure of the Pharmacy which will be displayed on the online pharmacy set aside and as far as within the limits of available stocks, the procedure for shipping and delivery of Products ordered runs from the day of receipt of the email confirming the order to the email address as indicated by the Customer when ordering. Any order requested with "express delivery within the day" and validated by the Customer before 5:00 pm may be delivered the same day of the order provided that the delivery is made in an area of action estimated at less than 5 kilometers maximum distance from the Pharmacy. For orders placed at a greater distance, "express delivery" is not available to the Customer. Whatever the estimated delivery time, it is considered Sundays and holidays not included. Without the possibility of compensation of any kind whatsoever or the possibility of withdrawal in favour of the Customer, the Pharmacy can only be held liable in the event of an excessive delay estimated at seventy-two (72) hours overtime, Saturdays, Sundays and public holidays not included.

Article Nine - Contact

For any question relating to the Products, an order and/or the follow-up of an order, the Customer is invited to consult the contact details made available to him on the online pharmacy. Availability times may be indicated. In addition, the Customer may use the direct electronic messaging service made available to make any request to the Pharmacy.

Article Ten - Fraudulent use of bank details

Any customer who suspects fraudulent use of his bank details following an order placed on the online pharmacy must contact the Pharmacy at the details available on the online pharmacy.

The computerized records, kept in the Pharmacy's computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a durable medium that can be produced as proof.

Article Twelve - Products

The products are offered for sale on the online pharmacy within the limits of available stocks. On the website, photos of medicines not subject to compulsory prescription represent the medicine as it is can be purchased in the pharmacy. They are displayed, described and presented in a clear and unambiguous manner. In the case of parapharmacy products, they present the products in a clear and unambiguous manner without being able to guarantee their full and/or exact conformity. As such, a description of each product and at least one packaging visual are proposed. The parapharmacy elements are for information purposes only and the appearance of the Product received may differ from that displayed on the online pharmacy. In the current state of technology and knowledge, it is not possible to guarantee the display of the packaging visuals of the Products on the online pharmacy. Both the Pharmacy and its service provider make every effort to make available visuals corresponding to Products withdrawn or received, without however guaranteeing their compliance.

Article Thirteen - Price of the Products

The prices as displayed are indicated all taxes included (VAT), in euros (€) and are those practiced on the day of the firm and final validation of the sale on the online pharmacy, subject to availability on that date. Any unavailability of Product is taken care of in application of the article "Availability of products" of the GCS. The unavailability of a Product cancels its sale and is refunded to the Customer. In the event of new availability of the Product(s) whose sale has been cancelled, the prices charged, in the event of a price change, are those as indicated on the day of the new order of the said Products made by the Customer. Any price modification displayed takes effect on the day it is put online on the online pharmacy. The Pharmacy applies the current prices indicated at the time of the order. At no time are the payments made nor can they be considered as a deposit or advance payment.

Article Fourteen - Method of payment

The Customer is free to choose his method of payment to pay for his order according to the choices made available to him on the online pharmacy. The Customer guarantees to the pharmacy that he is the holder of the bank account used or that he has all the authorisations allowing him to use it. In the event of any problem or complaint from the Customer or any third party interested in the order or its payment, the Pharmacy reserves the right to suspend the order, its management and/or the delivery of the Products. This applies even if the order has been paid for. In the event of refusal to authorise payment by credit card or non-payment or partial settlement of the order and even if an e-mail confirming the order has been sent - automatically - to the Customer, the order cannot be delivered. The Pharmacy reserves the right to request one or more checks from the Customer in the event of a problem in the payment of the order. In this respect, it may in particular be requested that the Customer provide a copy of his identity document and proof of address. The order will then be validated and accepted by the Pharmacy only after receipt and verification of the requested documents.

Article Fifteen - Terms of delivery of the Products

For each order, the different modes and rates of delivery available are specified and subject to the choice and validation of the Customer before the final validation of his order. In the event of an order being subject to delivery to the address indicated at the time of the order, the Products ordered shall only be delivered on working days or by one of its delivery service providers in the name, on behalf and under the responsibility of the Pharmacy that prepared the order. The Products ordered must be delivered by hand. The Customer undertakes to take the greatest possible care and ensure the greatest possible accuracy in indicating the delivery address given by the Customer at the time of placing the order. Any order returned to the Pharmacy because of an incorrect or incomplete address can only be reshipped if the Customer agrees to pay for the new delivery costs and/or those incurred by a new delivery. If the Customer is absent at the time of delivery of the order, the deliveryman will return the parcel to the Pharmacy. The Customer is advised to refuse any delivery that appears damaged, spoiled, deteriorated, already opened or incorrect and/or to make a reservation to the delivery person, which is noted and signed on the order delivery slip. Any order refused by the Customer is notified to the Pharmacy, which will do its utmost to contact the Customer. The Pharmacy reserves the right to re-ship the order in a compliant manner or to cancel the sale and reimburse the Customer at no additional cost.

Article 15.1 - Shipping time for postal deliveries

The Pharmacy undertakes to prepare the order and dispatch it to the address indicated by the Customer within 72 hours following the validation of the order. In case of necessity to restock the product ordered, the customer is informed that the delivery time will be 72 hours.

Article 15.2 - Error of delivery and complaints

In the event of a delivery error, i.e. in cases where the Customer receives a Product other than the one ordered or a deteriorated Product, the Customer has a right of complaint which he can exercise with the Pharmacy. The Customer also has the possibility to act as a legal guarantee as indicated in the article "Legal guarantees of the Seller" below.

Article Sixteen - Legal guarantees of the Seller

The Pharmacy is only able to ensure the pharmacological qualities of the Products offered for sale in the online pharmacy. With regard to the Products, shall not be held liable in the event of non-compliance or in the event of error of any nature whatsoever caused by the manufacturer of the Products. For all concerned consumer goods, the legal warranty is limited to the conformity of the goods sold and to the conformity of the defects of the goods sold (article L 217-4 et seq. of the French Consumer Code and articles 1641 to 1648 and 2232 of the French Civil Code). When acting as a legal guarantee of conformity, the customer : • benefits from a period of two years from the delivery of the good to act (article L217-12 of the Consumer Code); • may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L211-9 of the French Consumer Code; • is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, this period is six months for second-hand goods (Article L217-7 of the French Consumer Code); • must be informed that this legal guarantee of conformity applies independently of any commercial guarantee that may have been taken out; • must be informed that he may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

Article Seventeen - No right of withdrawal

Article 17.1 - No right of withdrawal for pharmacy and parapharmacy products (health and hygiene products neither taken back nor exchanged)

No right of withdrawal may be exercised for medicinal products insofar as they are health products which, by their nature, are liable to deteriorate. Our products delivered sealed, as well as parapharmaceutical products and cosmetic products that are liable to deteriorate, also do not give rise to a right of withdrawal. The absence of the right of withdrawal is justified by the security requirements of the supply chain. Indeed, a Product that has left the distribution and delivery circuit cannot be reintegrated. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised concerning the following goods: 4° The supply of goods that are likely to deteriorate or expire rapidly; 5° The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection; 6° The supply of goods that, after delivery and by their nature, are inseparably mixed with other items.

Article 17.2 - Withdrawal procedure

For all other consumer goods that are not understood within the meaning of Article L221-28 of the French Consumer Code, the Customer has a right of withdrawal of fourteen days from the day on which he takes possession of his order. This right must be exercised directly with the pharmacy. The Customer has the possibility to retract by filling out the retraction form below, clicking on the link, and sending it to the Pharmacy whose contact details are specified in the form, as well as in the legal notices.

Article 17.3 - Returning the Product

For the products concerned by the article "Withdrawal procedure", they must be returned in suitable packaging to the following address : Pharmacie du Théâtre, 2 rue Corneille, 37000 Tours. The return costs are to be paid by the Customer. Any damaged item will not be taken back..

Article 17.4 - Reimbursement deadline and procedure

The pharmacy will make the refund at the latest within 14 days of being informed of your decision to withdraw and/or cancel the sale. However, the pharmacy reserves the right to defer the refund until the day of collection of the products or until you have provided proof of shipment of the products. The refund will be made by the same means of payment used for the transaction, no refund fee will be charged to the Customer.

Article Eighteen – Complaints

In the event of a complaint, the customer must first contact the Pharmacy on its website, by email or by post in order to agree on an amicable solution.

Article 18.1 - Mediation

In accordance with the provisions of the Consumer Code, any consumer has the right, after having previously addressed himself in writing to the Pharmacy, to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute which opposes him to the latter. Consumer dispute mediation does not apply to disputes concerning health services provided by health professionals (delivery of medicines and/or supply of medical devices). In the aforementioned cases all requests for mediation and complaints should be made to the President of the Regional Council of the Order on which the Pharmacy depends. Contact details are available by clicking on the following link: http://www.ordre.pharmacien.fr/Qui-sommes-nous/Contact/Pour-contacter-l-Ordre and choose from the drop-down menu: "contact the CR + name of region".

Article Nineteen - Force majeure

In the event of the occurrence of an event of force majeure, neither the Pharmacy nor the Customer can be held responsible for a breach of any of its obligations as stipulated under the GCS and/or the order.

Article Twenty - Miscellaneous

Article 20.1 - Completeness of the GTCs

The General Terms and Conditions of Sale constitute the entirety of the agreements for dispensing medicines by electronic means accepted remotely by the Customer.

Article 20.2 - Changes to the GTCs

The Pharmacy reserves the right to make changes to the GTCB. The said modifications take effect on the day they are posted on the online pharmacy.

Article 20.3 - Invalidity

If any of the stipulations of the GTC are declared null and void or unwritten with regard to a rule of law in force or a court decision that has become res judicata, it is in no way likely to lead to the nullity of the GTC or to alter the validity of any other stipulation.

Article 20.4 - Disclaimer

The fact of not claiming the application of any clause of the GTC or of acquiescing to its non-execution, whether permanently or temporarily, cannot be interpreted as a waiver of the rights applicable under the said clause.

Article 20.5 - Applicable law and language

The GCS are governed and subject to French law, which is the only applicable law in this matter. The GCS are written in French, the only language applicable in this matter. Any translation of the GCS can only be of an informative nature.