Terms of use

Terms and conditions of sale

(please read before purchasing)


Refund policy and privacy policy can be found at the bottom of the page.

Please read them carefully before purchasing at www.exomedicalperformance.fr

IntroductionHow to order a product

This is done in three stages:

1. Choose the variant of your desired item (e.g. Standard)

2. Then click on "add to basket".

3. Finally, enter the desired quantity. Proceed to payment


PREAMBLE


08/15/2022 version

Delivery free of charge in mainland France and Belgium for orders over 150 euros. In case of doubt, please send an e-mail to contact@exomedical.fr to find out which countries are available for delivery.


This site is operated by EXO MEDICAL and managed by its representative. The terms "we", "us" and "the Seller" refer to EXO MEDICAL. EXO MEDICAL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions of sale(hereinafter the "Terms and Conditions" or "Terms and Conditions of Sale" or "T&Cs") apply to any purchase made by an individual(hereinafter the "Customer") from EXO MEDICAL

All new features or tools added to the current store are also subject to the Terms of Use. You can consult the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. Your continued use of or access to the website constitutes acceptance of any such changes. The Terms and Conditions are accurately dated and may be changed or updated at any time. The General Conditions applicable are those in force at the time of the Order. Changes to the Terms and Conditions will not apply to Products already purchased.

The entire content of each product sheet is subject to copyright. Copying any paragraph of a product sheet is illegal and may result in legal action.

The purpose of these General Terms and Conditions of Sale is to govern the sale and delivery of Products ordered from EXO MEDICAL via the Site.

They can be accessed at any time via a hypertext link available on the Site's home page.

Any order placed on the Site implies the Customer's unreserved acceptance of these terms and conditions of sale.


Article 1 - Online sales / LEGAL NOTICES

EXO MEDICAL PERFORMANCE is a website owned by EXO MEDICAL, SARLregistered with the Registre du Commerce et des Sociétés de VERSAILLES, 89195325900019 and managed by MR TONDU.

EXO MEDICAL PERFORMANCE - 43 Boulevard Vauban / Immeuble Edison

78280 Guyancourt - 01 86 86 02 84

CONTACT@EXOMEDICAL.FR

FR38891953259 

-Shopify Hosting

 

Article 2 - General information

These General Terms and Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, any user of the www.exomedicalperformance.fr website making a purchase via the website of EXO MEDICAL PERFORMANCEwebsite, hereinafter referred to as "the Customer", on the one hand, and "the Seller", on the other, EXO MEDICAL PERFORMANCE.

The Customer and the Vendor are hereinafter referred to as "the Parties".

These conditions apply exclusively to non-business individuals.

The purchase of a Product via this site implies unreserved acceptance of the General Terms and Conditions of Sale.

Insofar as the Customer purchases Products directly and automatically online from www.exomedicalperformance.fr, the Customer's electronic acceptance marks the conclusion of the contract between the Customer and the Vendor. In accordance with the French law of March 13, 2000 on electronic signatures and the French law of June 21, 2004 on confidence in the digital economy, any purchase validated by the Customer by means of a "double click" or by agreement over the telephone constitutes irrevocable acceptance of these terms and conditions by the Customer, in the same way as a handwritten signature.

The general conditions of sale are concluded for the duration necessary for the sale of the Products, until the extinction of their guarantees.

The Customer selects the Product(s) he/she wishes to purchase, and can access the order summary at any time. The Customer may modify his/her order and correct any errors before finally validating it.

Receipt of final payment for the order by EXO MEDICAL PERFORMANCE after confirmation of the order summary by the Customer concludes the sales contract between the Customer and the Vendor. The contract may only be called into question within the limits set out in the GCS. Any order placed implies unreserved acceptance of the GTS by the Customer.

Confirmation of the order validated by the Customer will be sent by e-mail. Depending on the method of payment used, order confirmation may be deferred until final receipt of payment by EXO MEDICAL PERFORMANCE.

To this end, the Customer formally accepts the use of electronic mail for confirmation by the Vendor of the content of his order.

EXO MEDICAL PERFORMANCE reserves the right to refuse orders from a Customer with whom there is a dispute or incident relating to the payment of a previous order under the conditions detailed in article 4.2 below.


 

Article 3 - Prices

3.1 All prices are quoted in euros and include VAT.

3.2 The Vendor reserves the right to change the price of items at any time, but items will be invoiced on the basis of the prices in force at the time orders are validated, subject to availability.

3.3 Items and any charges will be invoiced on the basis of the rates in force at the time the order is registered.

3.4 Retention of title: Products remain the property of the Vendor until full payment has been received.

 

Article 4 - Order - Validation

4.1 Personal information

When placing an Order, the Customer agrees to provide the information requested and undertakes to ensure the accuracy of such information:

  • First and last name
  • Postal address
  • Phone
  • E-mail address
  • Type of payment card, card number, expiry date and cryptogram of the card or account PayPal

In the absence of proof to the contrary, the data recorded by the Vendor constitutes proof of all transactions.

The customer must check all the information entered during the order process (product ordered, delivery address, billing address, telephone number, etc.). The Customer must also check the information contained in the order confirmation email.

The Vendor cannot be held responsible for any input errors made by the Customer, nor for the consequences in terms of late or incorrect delivery. Thus, if delivery cannot take place due to a data entry error by the Customer, the cost of reshipment will be borne by the Customer.

4.2 Confirmation and dispatch emails

The Vendor sends an email confirming the Customer's order, summarizing the contractual information.
The Customer's order is then validated by the Vendor's Services in accordance with the payment validation procedures described in these general terms and conditions of sale, and the Customer receives a new email informing him of the dispatch date of his order.

4.3 The Customer's order is made up of products from the online catalog compiled by the Vendor.

4.4 Orders can only be registered on the site if the Customer has clearly identified him/herself. To this end, the Customer is invited to identify him/herself by indicating his/her surname, first name, valid e-mail address, postal address, telephone number (preferably for contacting the delivery person) and date of birth. The Vendor reserves the right to cancel an order from a Customer who, in his or her opinion, presents any form of risk, or with whom there is a dispute relating to the payment of a previous order.

4.5 Any order implies acceptance of the prices and description of the Products available for sale.

4.6 Orders are payable in euros only, inclusive of all taxes.

4.7 The Vendor undertakes to honour orders received within the limits of available stocks of Products.

4.8 The sale dates indicated on the site are the dates in force in France.

 

Article 5 - Availability

5.1 The Seller's offers of Products and prices are valid as long as they are visible on the site, within the limit of available stocks.

5.2 For Products not available from the Seller, the Seller's offers are subject to availability from the Seller's suppliers.

5.3 In the event that a Product is unavailable after the Customer has placed an order, the Vendor will inform the Customer by e-mail as soon as possible. The Customer's order will be automatically cancelled and the Customer reimbursed under the conditions specified in article 10.8.

5.4 The availability information provided at the time of ordering is given as an indication only, as Products are reserved only after payment of the order. Orders awaiting payment which are settled late after the order has been registered may therefore see the stock of the Product(s) ordered modified or cancelled. In the event of stock shortage, the Vendor undertakes to contact the supplier to find out the delivery date for the product ordered and will inform the Customer immediately.

If the Customer decides to cancel his Order for unavailable Products, he will be reimbursed for all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was cancelled.

 

 

Article 6 - Delivery

6.1 Delivery is made in France and Belgium.

6. EXO MEDICAL PERFORMANCE offers the Customer the cost of delivery by Colisimo to France. Delivery to abroad will be charged according to the market prices observed for each destination. Secure delivery against loss and theft is also available.

6.3 EXO MEDICAL PERFORMANCE or Colisimo /(or other delivery company) cannot be held responsible for late delivery or non-delivery in the event that the Customer has not provided a complete and correct delivery address. The return of a parcel that could not be delivered due to a lack of information in the delivery address will be billed at €6.90.

Details of delivery times and costs are shown at the checkout.

2 delivery methods with tracking à home/withdrawal point available:

  • standard delivery, free of charge
  • delivery fast / secure, chargeable (loss / theft guarantee)

The delivery time depends on the carrier and the type of product. 2 to 49 days depending on the delivery method chosen.

Fast / secure delivery is a priority / loss before "delivered" status.

Any customs duties are at the customer's expense.

EXO MEDICAL PERFORMANCE is responsible until the Product is delivered to the Customer. It is reminded that the Customer has a period of three (3) days to notify the carrier of any damage or partial loss noted during Delivery.


The following delivery methods are available:


6.4 EXO MEDICAL PERFORMANCE undertakes to respect a preparation time of between 24 and 78 hours for delivery by Colissimo from the positive evaluation of payment by credit card.

6.5 In the case of Products that can be delivered on different dates depending on their availability, the delivery period is based on the longest period.

6.6 Upon receipt of the order, the Vendor recommends that the Customer check the conformity of the order and inform the Vendor of any anomaly within 24 hours. After this period, EXO MEDICAL PERFORMANCE cannot be held responsible for non-conforming deliveries.


Article 7 - Prerequisites for placing an order


The order of a Product by a private individual on the Site is reserved for persons aged at least 18 years, capable of contracting and acting for legal purposes.

The Customer guarantees that he/she has truthfully filled in the information requested at the time of registration. Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and order Products, and that his/her browser allows secure access to the Site.

The Customer expressly undertakes not to use false information or information from third parties.

After the first order and for subsequent orders, the Customer may access his account by entering his login and password. The customer is solely responsible for maintaining the confidentiality of the login and password used to access his customer account, and must take all necessary measures to ensure that these elements remain confidential and secure. 

 Article 8 - Payment methods - Security


8.1 Online payment for Products is made by credit card or by PayPalwhose contractual conditions are available at the following address: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full

8.2 The Vendor makes every effort to ensure the confidentiality and security of data. All data exchanged, and in particular sensitive data linked to card payment methods on the web, is encrypted by Stripe. Payment is entirely secure. Payment in 4 instalments via Klarna, details of which are available at: https://www.klarna.com/

 

Article 9 - Processing and collection of personal data

The information collected is secured via Shopify. The data controller is Mr Tondu. The customer may make a request at any time to EXO MEDICAL PERFORMANCE to register on the BLOCTEL telephone anti-solicitation list. All consumers have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list https://conso.bloctel.fr/index.php/inscription.php

In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when solicitations are made as part of the performance of a current contract and are related to the subject matter of said contract, including when the purpose is to offer the consumer products or services related to or complementary to the subject matter of the current contract or likely to improve its performance or quality. They are kept for the duration of the present relationship and for a maximum period of five years after the end of the contractual relationship, in accordance with legal archiving and conservation obligations. EXO MEDICAL PERFORMANCE and its service providers involved in the contractual relationship between EXO MEDICAL PERFORMANCE and the customer.

Customers may at any time exercise their right to access, rectify, delete, limit, carry, object to the processing of their data or to be subject to a decision based exclusively on processing, and may give instructions concerning the processing of their data after their death, by logging on to their account or by contacting customer services. contact@exomedical.fr.

EXO MEDICAL PERFORMANCE collects on the Site personal data concerning its Customers in order to process Orders placed on the Site, analyze Orders, respond to inquiries and, if the Customer has expressly chosen this option, send newsletters, unless the Customer no longer wishes to receive such communications from EXO MEDICAL PERFORMANCE . In this respect, the Customer is invited to consult the Privacy Policy which will provide further information on the protection of personal data, the processing carried out via the Site and how to exercise their rights.

Article 10 - Warranties & Right of withdrawal

 

10.1 Warranty of conformity


Article L. 217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility".

Article L.217-5 of the French Consumer Code: "The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter".

EXO MEDICAL PERFORMANCE is liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made its responsibility or has been carried out under its responsibility.

The action resulting from a defect in conformity is barred after two (2) years from delivery of the Product. (Article L.217-12 of the French Consumer Code). In the event of a lack of conformity, the Customer may request replacement or reimbursement of the Product, at his or her discretion.
In the event that replacement is not possible, EXO MEDICAL PERFORMANCE undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the address indicated by e-mail by the customer service department contact@exomedical.fr

The implementation of the legal warranty of conformity must not entail any costs for the purchaser(article L. 217-11 of the French Consumer Code).

 

10.2 Warranty against hidden defects

The Vendor undertakes to exchange or reimburse any Product found to have hidden defects, defects in conformity resulting from packaging and quality problems during normal use of the Product, in accordance with Articles L.217-4 to L.217-14 of the French Consumer Code.
The costs of reshipment will then be borne by the Vendor. The Buyer may not cancel the sale if the lack of conformity is minor.


EXO MEDICAL PERFORMANCE is bound by the warranty for latent defects in the Product sold which render it unfit for its intended use, or which diminish this use to such an extent that the Customer would not have purchased it, or would only have paid a lower price for it, had he been aware of them. (Article 1641 of the French Civil Code)

This warranty allows the Customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the Product if it is returned, and reimbursement of part of its price if the Product is not returned.

In the event that replacement or repair is impossible, EXO MEDICAL PERFORMANCE undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the address indicated by e-mail by customer service. contact@exomedical.fr

The action resulting from redhibitory defects must be brought by the Customer within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code).

In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to hidden defects, defective Products (through no fault of the Buyer) or not corresponding to the order will be reimbursed or exchanged at the Buyer's discretion. Products must be returned in the condition in which they were received, with all components (accessories, instructions, etc.) in packaging that allows them to be transported in good condition.
These guarantees are without prejudice to the right of withdrawal set out in article 4. Under the legal warranty of conformity, the Purchaser:
- has two years from the date of delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code;
- Finally, the Customer is exempted from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product, except for second-hand goods for which this period is set at six (6) months (Article L. 217-7 of the French Consumer Code).


The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. It is reminded that the Buyer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, and that in this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In all cases, defective products must be repaired or replaced at no cost to the consumer. This principle also applies to the cost of returning the product.

The Vendor will not be responsible for any external postal charges incurred by the customer if he has not been informed in advance.

 

10.3 Order error:
In the event of a model or Product error during order preparation, the Seller undertakes to exchange the Product. Return and reshipment costs will be borne by the Seller.

10.4 Returns by the Customer:
The Customer has a legal retraction period of 14 clear days from the date of receipt of the Products. Return shipping costs are at the Customer's expense.

In the event that the Customer has ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several batches of parts), the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good, batch or part.


To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement to contact@exomedical.fr by downloading the withdrawal form available here.

In order for the withdrawal period to be respected, the Customer must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

In the event of withdrawal by the Customer, EXO MEDICAL PERFORMANCE undertakes to reimburse all sums paid, including delivery charges, without unjustified delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw (Article L.221-24 of the French Consumer Code).


Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

    • Supply of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the Customer after delivery.
  • Supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement by the consumer and express waiver of his right of withdrawal. 
    • Supply of goods or services whose price depends on fluctuations in the financial market
    • Supply of goods made to customer specifications or clearly personalized
    • Supply of goods likely to deteriorate or expire rapidly
    • Supply of sealed audio or video recordings or software which have been unsealed after delivery
    • Newspaper, periodical, magazine (except subscription contracts)
    • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance.
    • Supply of goods which by their nature are inseparably mixed with other items
    • Supply of alcoholic beverages for which the price has been agreed at the time of concluding the sales contract, for which delivery can only be made after 30 days and whose actual value depends on market fluctuations beyond the seller's control.
    • Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.

10.5 Upon receipt of the parcel, the Vendor will judge whether the Products are in perfect condition (packaging, accessories and instructions, etc.).
No returns will be accepted if the Products returned have been visibly worn, damaged, worn, damaged or their packaging damaged or deteriorated, making the product unfit for resale in new condition.

10.6 If the return is refused by the Vendor, the Products will be returned to the Customer at the Vendor's expense without the Customer being entitled to claim any reimbursement or compensation whatsoever.

10.7 Exchange:
The Customer has 14 days from the date of receipt to return the Products and request an exchange. Return shipping costs will be borne by the Customer.

10.8 Refunds:
In the event that the Vendor makes a refund of a Product in the circumstances referred to in this article, it will be made by mutual agreement via exchange, credit note on a future order or according to the Customer's method of payment within 30 days from the date of notification of the refund.

10.9 Assets :

If the purchaser wishes to obtain a credit note, it must be used exclusively on the website within a 6 months maximum.

 

Article 11 - Customer service

If you have any questions, please do not hesitate to contact our customer service;

E-mail address : contact@exomedical.fr

Our advisors are at your disposal Monday to Saturday, response within 24h / 48H.


Article 12 - Intellectual property

12.1. All texts, comments, works, illustrations, works and images reproduced or represented on the site are strictly reserved under copyright and intellectual property law for the entire world.

12.2. In this respect, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the French Intellectual Property Code. Any reproduction or representation, in whole or in part, of the site or of all or part of the elements found on the exo medical performance site is strictly forbidden. EXO MEDICAL PERFORMANCE site is strictly forbidden.


Article 13- Liability

13.1 Photos are provided for illustrative purposes only. The Vendor invites the Customer to refer to the description of each Product for its precise characteristics.

EXO MEDICAL PERFORMANCE undertakes to present the essential characteristics of the Products and the mandatory information that the Customer must receive under applicable law.

These characteristics and information appear on the Product sheets on the Site. The Customer undertakes to read this information carefully before placing an Order on the Site.

All Products sold comply with current European legislation and standards applicable in France.

13.2 In the event of hypertext links pointing to other sites from the Vendor's site, the latter shall not be responsible for the content of the information provided on these sites after activation of these links.

13.3 In the case of professional purchases, the Vendor shall not be liable for any indirect damage, operating loss, loss of profit, loss of opportunity, damages or costs.

 

Article 14 - Comment, Criticism, Communication

You can unsubscribe from our mailings at any time by clicking on the link at the bottom of the page.

All customer reviews are monitored and moderated by the marketing team. In the event of any comments infringing the law, morality or ethics (abusive advertising, defamatory comments, insults, comments out of context, etc.), the Seller reserves the right to refuse or modify the review concerned.

 

Article 15 - Applicable law - Disputes

This contract is governed by French law.
The language of this contract is French.

In the event of a dispute between the professional and the consumer, the two parties shall endeavour to find an amicable solution.

If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer ombudsman responsible for the professional, i.e. AME CONSOwithin a period of one year from the date of the written complaint sent to the professional.

Referral to the consumer ombudsman must be made :

  • or by completing the form on the AME CONSO website: www.mediationconso-ame.com ;
  • or by post to AME CONSO, 11 Place Dauphine - 75001 PARIS.

 

Article 16 - After-sales service - Warranty conditions

All our products are covered by the legal warranty of conformity and the warranty against hidden defects. The cost of sending the Product(s) to the workshop is borne by EXO MEDICAL PERFORMANCE. For all returns, the customer must send the package to EXO MEDICAL PERFORMANCE to the address indicated by e-mail by customer service contact@exomedical.fr. The Vendor undertakes to follow up with suppliers in the event of repairs.

Regardless of the problem encountered with the Product, the customer must first provide proof of the following photographic / video of the problem, mentioning the order number, by e-mail.

All Products sold also benefit from the legal guarantees provided by law.

Non-conformity refers to the following situations:

  • Unfit for the use normally expected of a similar product (e.g., a product normally intended to operate wirelessly on battery power that must eventually be plugged into the mains).
  • Goods that do not correspond to the description given by the seller even though they function perfectly (for example, the color does not correspond to the model presented).
  • Property that does not have the qualities advertised by the seller or agreed with you (for example, a cooker hood advertised as particularly quiet turns out to be noisy).
  • Goods with a manufacturing defect, imperfection or poor assembly
  • Installation not carried out correctly by the vendor or incomplete or incomprehensible installation manual preventing you from mounting the unit properly

Defects can arise from :

  • of the good itself,
  • packaging,
  • installation instructions,
  • of the installation when it was made by the seller or carried out under his responsibility.

However, the legal warranty of conformity does not apply if :

  • you were aware of the defect at the time of purchase,
  • you could not have been unaware of the defect at the time of purchase (for example, if the seller informed you of it),
  • the defect results from materials supplied or added by you (for example, if you put a non-compliant battery in your phone).


 

Article 17 - FORCE MAJEURE



The responsibility of EXO MEDICAL PERFORMANCE shall not be liable if the non-performance or delay in performance of any of its obligations described in these GTS is due to force majeure.

Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

In the event of the occurrence of one of the above-mentioned events, EXO MEDICAL PERFORMANCE will endeavour to inform the Customer as soon as possible.


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