TERMS OF SALES
PREAMBLE
The company NewSom distributes the BluePro Mandibular Advancement Device for the treatment of snoring and obstructive sleep apnea. The BluePro orthosis is exclusively reserved for healthcare professionals: dentist, stomatologist, ENT specialist. NewSom does not sell to consumers. Anyone who violates this provision will be prosecuted and will be liable for the harm suffered by NewSom as a result. Any order for products, in writing, by phone, fax, internet or on site, implies acceptance of the General Conditions below. It is specified that these general conditions may be modified at any time, and that the authentic version of the General Conditions is the one available on the Company’s website at the address www.bluepro.pro/gtc.
DEFINITIONS
The following words or expressions will have the following meaning in the context of these presents: Internet store: designates the NewSom website on which the Products are presented and sold to customers. Order: refers to the sales contract concluded between NewSom and the customer of the NewSom Internet store. Product sheet: refers to the classified information concerning a product supplied by NewSom when the said product is put on sale in its internet store. Products: refers to all the goods and services offered for sale by NewSom in its internet store. Service: refers to the sale of Products by NewSom to customers of its Internet Store. Transaction: refers to all operations, secure processing, authorizations and agreements inherent in the payment of the price of products ordered by credit card.
ARTICLE 1 – OBJECT
The purpose of these General Conditions of Sale is to define the terms and conditions under which NewSom offers and sells its Products to its customers. These general conditions of sale will prevail over all other conditions appearing in any other document, except prior exemption, express and written.
ARTICLE 2 – ACCEPTANCE OF CONDITIONS
The customer acknowledges having read, at the time of placing the Order, these general conditions of sale and expressly declares to accept them unreservedly. These general conditions of sale govern the contractual relations between NewSom and its customer, both parties accepting them without reservation.
ARTICLE 3 – PRODUCTS
The seller reserves the right to make any changes he deems useful to his products at any time.
ARTICLE 4 – ORDER
The automatic registration systems are considered as proof of the nature, content and date of the Order. NewSom will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will not be concluded until the sending of the said order confirmation. NewSom reserves the right to refuse or cancel any Order from a customer, in particular in the event of the insolvency of said customer or in the event of a default in payment of the Order concerned or of a previous delivery or of a dispute over payment for a previous order. The mentions indicated by the customer, when entering the information inherent to his Order, bind the latter. NewSom cannot be held responsible for errors made by the customer in the wording of the contact details of the recipient of the Order (delivery address, billing address in particular) and for delays in delivery or the inability to deliver the Products ordered other than these errors. could spawn.
ARTICLE 5 – SHIPPING
After confirmation of the Order and subject to full payment of the price of the products ordered, NewSom undertakes to ship the products ordered to its customer at the delivery address according to the following deadlines: France: Delivery against signature of the recipient within 48 hours in Colissimo Outside France: Delivery against signature of the recipient by Colissimo International. Indicative delivery time D + 3 to D + 8 In case of absence, the package will be made available at the post office. All Products stipulated in Orders placed with NewSom are intended for the professional use of customers or recipients whose names are mentioned at the delivery address. Where applicable, the customer agrees to pay upon receipt, all present and future taxes, duties, taxes and other charges due in respect of the delivery of said products themselves; NewSom’s joint and several liability cannot at any time be engaged in this respect. Customers or recipients of the Products are prohibited from any partial or total resale of the Products. Delivery will be made by La Poste. In accordance with the practices of mail order sales, the seller’s liability is released at the time of posting. The goods always travel at the risk and peril of the recipient. The delivery rates and taxes indicated when ordering on the page https://www.bluepro.pro/panier/ are estimated and will be updated during the order according to the customer’s delivery and billing information. Delivery times are indicated as exactly as possible but depend on the seller’s supply and transport possibilities. Delivery delays cannot give rise to damages, withholding or cancellation of orders in progress. However, in the event of a delivery delay exceeding seven (7) days from the indicative delivery date, the Customer may, if he wishes, and except in cases of force majeure, terminate the sales contract by registered letter with request for Notice of receipt. This right must however be exercised within sixty (60) ) working days from the delivery date initially provided for in the contract. The following are considered in particular as force majeure releasing the seller from his obligation to deliver: strikes and the impossibility of being supplied. Upon receipt of the ordered Products, the customer or recipient must check the proper functioning of the goods delivered, and take note of their conditions of use appearing on the instructions for use provided to them. In the event that one or more of the Products ordered is missing or damaged, the customer or the recipient must make any reservations with the carrier at the time of delivery. For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the customer. In the event that the customer wishes the Products ordered to be delivered to two separate addresses, the latter should place 2 separate Orders.
ARTICLE 6 – PRICE
The price is expressed in euros. The price indicated on the sales site does not include the costs inherent in transport. The price indicated in the Order confirmation is the final price expressed inclusive of all taxes and including VAT. This price includes the price of the Products, handling, packaging and storage costs for the Products, transport and commissioning costs. Product prices are guaranteed until the publication of a new price list which replaces and cancels all the previous ones.
ARTICLE 7 – PAYMENT
The price invoiced to the customer is the price indicated on the Order confirmation sent by NewSom. The price of the Products is payable in cash by credit card on the site on the day of the actual order. The Order validated by the customer will only be considered effective when the secure bank payment center has given its agreement to the transaction and, where applicable, after acceptance of the assumption of risk by the insurer.
ARTICLE 8 : INVOICING
An invoice is issued for each delivery and is always in the package along with a delivery note. It must have been paid including cents. NewSom does not grant cash discounts.
ARTICLE 9 – APPLICABLE LAW
These general conditions of sale are subject to French law.
ARTICLE 10 – RESPONSABILITY
NewSom cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products sold. The same applies to any modifications to the Products resulting from the manufacturers. The responsibility of NewSom will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the customer and NewSom reserve the right, before any legal action, to seek an amicable solution. Otherwise, for merchant customers, the Tribunal de Nantes has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 – GUARANTEE
In all cases NewSom cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. The responsibility of NewSom is systematically limited to the value of the Product in question determined on the date of its sale and this without possibility of recourse against the brand or the company producing the product. In any event, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 et seq. Of the Civil Code. The customer can contact customer service by phone +33 1 85 08 70 27 or by email at hello@bluepro.pro.
ARTICLES 12 – LEGAL INFORMATION
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. Failure to provide information results in the non-validation of the Order. In accordance with the “Informatique et Libertés” law, the processing of personal information relating to customers has been the subject of a declaration (1758097) to the National Commission for Computing and Liberties (CNIL). The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with NewSom. In addition, NewSom undertakes not to communicate, free of charge or with consideration, the contact details of its customers to a third party.