Article 1. - Entirety
These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale prevail over any other document, and in particular over all general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to buyers of the same category. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to occasionally modify its general conditions. They will be applicable as soon as they are posted online. If a sales condition is missing, it will be considered to be governed by the current practices in the distance selling sector whose companies are headquartered in France. These general terms and conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order. The supplier reserves the right to derogate from certain clauses of these terms, depending on the negotiations conducted with the buyer, by establishing special terms of sale. The seller may also establish categorical general terms and conditions of sale, derogating from these general terms and conditions of sale, depending on the type of buyer considered, according to objective criteria. Buyers meeting these criteria will then be subject to these categorical general terms and conditions of sale.
Article 2. - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and equipment offered by the seller to the buyer. These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, it is necessary to request a specific quote.
Article 3. - The Order
The buyer places their order online, from the online catalog and through the form that appears on the site. For the order to be validated, the buyer must accept these general conditions by clicking where indicated on the site. Their acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below. The buyer must choose the address and delivery method. Payment is made by credit card. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below. In certain cases, including non-payment, incorrect address, or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. In case of unavailability of a product ordered, the buyer will be informed by email. The cancellation of the order for this product and its possible refund will then be carried out, the rest of the order remaining firm and definitive.
For any questions regarding order tracking, the buyer should contact the email address contact@prpfirst.com. The online provision of the buyer's banking information and the final validation of the order will be proof of the buyer's agreement: — payment of the amounts due under the purchase order; — signature and express acceptance of all operations carried out.
In case of fraudulent use of banking information, the buyer is invited, as soon as this use is noticed, to contact the email address contact@prpfirst.com.
Article 4. - Order Confirmation
The contractual information will be subject to confirmation by email no later than the time of delivery or, failing that, to the address indicated by the buyer on the order form.
Article 5. - Proof of Transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 6. - Information on Products
The products governed by these general conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be engaged. The photographs of the products are not contractual.
Article 7. - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. The prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the total price must be made at the time of the order. At no time can the amounts paid be considered as deposits or down payments. If one or more taxes or contributions, notably environmental ones, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
Article 8. - Payment Method
8.1. Payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer. To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's site. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them, when validating the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered. The seller has implemented an order verification procedure to ensure that no one uses another person's banking details without their knowledge. As part of this verification, the buyer may be asked to send by fax or email to the seller a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by the seller of the documents sent. Payment of the price is made in full at the time of the order. Payments made by the buyer will only be considered final after effective receipt of the amounts due by the seller.
Article 9. - Availability of Products
Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For delivery in mainland France, the period is 5 working days from the day following the one on which the buyer placed their order. In case of delay, the seller's liability cannot be engaged, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the buyer. In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 10. - Delivery Terms
Delivery is only made after confirmation of payment by the seller's banking organization. In case of non-compliance with the payment conditions mentioned above, the seller may cancel the sale. The ordered products are delivered by Colissimo Suivi/Chronopost or by an independent carrier, including express carriers, depending on the size and weight of the ordered products and at the exclusive initiative of the seller. The products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the package to be collected at the place and during the period indicated. If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...). This verification is considered to have been carried out as soon as the buyer, or a person authorized by them, has signed the delivery slip. The buyer must then confirm these reservations by registered letter to the carrier at the latest within two working days following the receipt of the item(s) and send a copy of this letter to the seller at the address indicated in the legal notices on the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions...). The transfer of ownership and the risks of loss and deterioration relating thereto will only be carried out after full payment of the price by the buyer, regardless of the delivery date. The products therefore travel at the seller's risk. The seller is released from the delivery entrusted to an independent carrier, according to the buyer's choice. The latter must then indicate the delivery address to this carrier. The delivery is deemed to be made as soon as the products ordered by the seller are handed over to the carrier. Under these conditions, the buyer therefore has no recourse against the seller in case of non-delivery of the transported goods.
Article 11. - Delivery Errors
The buyer must notify the seller on the day of delivery or at the latest the first working day following delivery, of any claim of delivery error and/or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made after this period will be rejected. The claim can be made by email to the address shop@prpfirst.com. Any claim not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any responsibility towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the issuance of the exchange number. In case of delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, to the following address:
MEDFIRST
C/O PRP FIRST
IMMEUBLE ATRIA
8 ESPLANADE COMPANS CAFARELLI
31000 TOULOUSE
FRANCE
The return costs are the responsibility of the seller.
Article 12. - Product Warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in design or supply of the said services to the exclusion of any negligence or fault of the buyer. In any event, if the seller's liability is retained, the seller's warranty would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
Article 13. - Right of Withdrawal
Since the buyer is a professional purchasing within the framework and for the needs of their profession, there is no need to apply the right of withdrawal provided for by the consumer code except as provided for by the HAMON law (C. consom., art. L. 221-3).
Article 14. - Force Majeure
All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and entail their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonable efforts possible. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 15. - Partial Non-Validation
If one or more stipulations of these general conditions 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 stipulations will retain all their force and scope.
Article 16. - Non-Waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 17. - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 18. - Applicable Law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract. If they do not succeed, the parties will submit the dispute to the court of TOULOUSE.
Article 20. – Protection of Personal Data
20.1 - Collection of Personal Data
The personal data collected on this site (or "Platform") are as follows:
Account Opening
When creating the user's account, their name, first name, email address, and date of birth.
Connection
When the user connects to the Platform, it records, in particular, their name, first name, connection data, usage data, location data, and payment data.
Profile
The use of the services provided on the Platform allows for a profile to be filled out, which may include an address and a phone number.
Payment
As part of the payment for products and services offered on the Platform, it records financial data relating to the user's bank account or credit card.
Communication
When the Platform is used to communicate with other members, the data concerning the user's communications are subject to temporary storage.
Cookies
Cookies are used, as part of the use of the site. The user has the possibility to disable cookies from their browser settings.
20.2 – Use of Personal Data
The personal data collected from users is intended to provide the Platform's services, improve them, and maintain a secure environment. Specifically, the uses are as follows:
– access and use of the Platform by the user; – management of the operation and optimization of the Platform; – organization of the conditions of use of the payment services; – verification, identification, and authentication of data transmitted by the user; – offering the user the possibility to communicate with other users of the Platform; – implementation of user assistance; – personalization of services by displaying advertisements based on the user's browsing history, according to their preferences; – prevention and detection of fraud, malware (malicious software), and management of security incidents; – management of any disputes with users; – sending commercial and advertising information, according to the user's preferences.
20.3 – Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases: – when the user uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts; – when the user publishes, in the free comment areas of the Platform, information accessible to the public; – when the user allows a third party's website to access their data; – when the Platform uses service providers to provide user assistance, advertising, and payment services. These service providers have limited access to the user's data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on personal data protection; – if required by law, the Platform may transmit data to respond to claims against the Platform and comply with administrative and judicial procedures; – if the Platform is involved in a merger, acquisition, transfer of assets, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
21.4 – Transfer of Personal Data
Due to the organization of the company responsible for the Platform within an international group, the user authorizes the Platform to transfer, store, and process their information in the United States. The laws in force in this country may differ from the laws applicable in the user's place of residence, within the European Union. By using the Platform, the user consents to the transfer of their personal data to the United States. The Platform remains responsible for personal data that is shared with third parties as part of the Privacy Shield. The Platform complies with the Privacy Shield rules, the data protection shield between the European Union and the United States, as formulated by the US Department of Commerce regarding the collection, use, and retention of personal data transferred to the United States from the European Union. The Platform has declared to the US Department of Commerce that it adheres to the principles of the Privacy Shield. In case of conflict between the terms of the clause and the principles of the Privacy Shield, the latter will prevail.
21.5 – Security and Confidentiality
The Platform implements organizational, technical, software, and physical measures in digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the internet.
21.6 – Implementation of User Rights
In accordance with the applicable regulations on personal data, users have the following rights: – they can update or delete data concerning them by logging into their account and configuring the settings of this account; – they can delete their account by writing to the following email address: contact@prpfirst.com. It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the Platform, even after their account has been deleted; – they can exercise their right of access to know the personal data concerning them by writing to the following email address: contact@prpfirst.com. In this case, before implementing this right, the Platform may request proof of the user's identity to verify its accuracy; – if the personal data held by the Platform are inaccurate, they can request the update of the information, by writing to the following email address: contact@prpfirst.com; – users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@prpfirst.com.
21.7 – Evolution of this Clause
The Platform reserves the right to make any modifications to this clause regarding the protection of personal data at any time. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on its site. The Platform will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.