Terms of use

PREAMBLE - Legal information

The www.animaderm.com website (hereinafter referred to as “the Site”) is published by SAS Audevard (hereinafter referred to as “the Company”) with share capital of 546,896 euros, registered in the Nanterre Trade and Companies Register under no. 317 002 178, with registered offices at 37-39 rue de Neuilly, 92110 Clichy.
Director of publication: Marina Wissink
Contact email: contact@animaderm.com
Contact telephone number: 01.47.56.37.00
The site is hosted by Audevard, located 37-39 rue de Neuilly, 92110 Clichy, France.
Intracommunity VAT number: FR19317002178

Customer service

Our customer service is available Monday to Friday, 8am to 5pm. You can contact our customer service
- by email: contact@animaderm.com
- or by post: Animaderm, Groupe Audevard, 37-39 rue de Neuilly, 92110 Clichy.

Article 1: SCOPE OF APPLICATION

These General Terms and Conditions of Sale and Use (“GTCS”) govern all sales concluded with the Company through the Site and define the terms and conditions of use of the Site. The GCS are brought to the attention of the customer prior to the conclusion of any sale. The customer declares that he/she has the legal capacity to contract and acknowledges that he/she has read and accepted these GTC in their entirety without reservation.

The Company reserves the right to modify the General Terms and Conditions at any time. The new general terms and conditions of use and sale will, where applicable, be brought to the attention of the customer by online modification and will be applicable only to sales made after the modification. The current General Terms and Conditions of Sale are available on the Site in French at all times.

The purchase of products on the Site is accessible to natural persons of legal age who have the legal capacity to contract, as well as to professionals.

The products sold on the Site are new.

ARTICLE 2 - DELIVERIES

2.1. Terms of delivery

Items ordered are delivered exclusively to the countries listed on the following URL page: https://www.animaderm.com/fr/content/1-livraison-retour-produits-animaderm
Your items will be delivered to you by a carrier in a relay point or to your home, according to your choice.
When placing your order, you will be asked to give your telephone number so that the carrier can inform you of the planned delivery date and invite you to confirm it.
You agree to be present on the delivery date agreed with the carrier. If you are unable to be present on the day of delivery, you may :

-choose an authorized person to accept the delivery and assume all your responsibilities; 
-agree another delivery day with the carrier.

2.2. Delivery times
Items are delivered within approximately :
-five working days for deliveries in mainland France
-ten working days for deliveries to Corsica, the French overseas departments and territories or the EU countries mentioned in article 2.1.
-fifteen working days for deliveries outside the EU.

The delivery times indicated above run from the moment you have definitively validated your order (see article 3.3 (“Third stage”) of these GCS),
In the event of a delay in delivery of more than fifteen working days, you have the right to cancel the order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having enjoined us, by the same means, to make delivery within a reasonable additional period, we have not complied within this period.

The order is considered cancelled upon receipt of the letter or written notice informing us of this cancellation, unless we have complied in the meantime.
In this case, reimbursement will be made at the latest within fourteen days of the date on which the order was cancelled.

2.3 Delivery charges
You will be asked to pay a flat-rate contribution towards delivery costs, the amount of which is defined in the price list accessible via this link: https://www.animaderm.com/fr/content/1-livraison-produits-animaderm.
The cost of delivery can be accessed at any time by clicking on the basket and is shown in the order summary, prior to validation of the order by you.
In the event of delivery failure on your part, the cost of the 2nd delivery, based on an estimate, will be charged to you.

2.4. Normal checks on delivery
You must carefully check on delivery that the packaging is in good condition and that the products delivered are intact, complete and in conformity with your order. If you notice any damage or non-conformity, report it immediately to the carrier and specify it on the delivery note, then contact Animaderm customer service by e-mail.

In the event of a delivery error (reference or quantity) or breakage during transport, you can request a return within a maximum of ten days of receipt of your order, by logging into your customer account and returning to your order history. This return request must first be validated by the Company, which may ask you for proof of the alleged error or breakage. In the event of validation of your return request due to a delivery error or defect in the product delivered, the cost of returns will be borne by the company.

For France, subject to your return request being validated by the Company, if a return package is necessary, you must go to http://destinataires.dpd.fr/ and click on : “Manage your returns”. You will then be asked to enter the parcel number of the order you wish to return, which will then enable you to print out the return slip to stick on your parcel. Finally, the parcel must be dropped off at one of the Relais Pick up outlets indicated on the DPD website: http://www.dpd.fr/recherche_relais.

2.5. Product availability
Our products indicated in stock are valid as long as they are visible on the site, within the limit of available stocks. Products shown as out of stock are not available.

ARTICLE 3 - CONCLUSION OF SALES

3.1. The products presented on the Site are valid as long as they are electronically accessible on the Site and within the limits of available stocks. The catalog of products offered on the Site is subject to change and we reserve the right to modify it at any time.

3.2. The language used for the conclusion of the contract is French.

3.3. Any order you place with our company implies your unreserved acceptance of our General Terms and Conditions of Sale, which you acknowledge are enforceable against you.

3.4. We reserve the right to refuse any order from an identified customer with whom there is a dispute relating to a previous order or to misuse of our products that is prejudicial to our image.

3.5. Once you have selected one or more items in your basket, you can click on “Checkout” to display the contents of your basket. You can also view the contents of your basket by clicking on “View Basket”.

Once you have viewed the contents of your basket, you are invited to click on the “Place order” link to place your order; the process of concluding a sales contract on the Site then proceeds as follows:

Step 1: Login
You are invited to identify yourself or create an account by filling in the required fields and choosing a password that you must keep secret at all times. You are solely responsible for the truthfulness and accuracy of the information provided when creating your account and during the ordering process. Consequently, we cannot be held responsible for the inaccuracy or obsolescence of the data and information provided by you. In the event of a change in this data or information, it is your responsibility to notify us as soon as possible. You must then confirm your billing and delivery addresses.

Second step: choosing payment and delivery method
You are invited to choose a method of payment from those offered (see article 5 of these GTC), as well as a delivery method from among the options available.

Third step: order validation
At this stage, you will be shown a summary of your order, including your chosen method of payment and the total amount of your order (including delivery costs) minus any discounts. You are invited to check these details and correct them if necessary.
You are then asked, via a checkbox, to accept the GCS and to confirm that you have read and accepted the terms and conditions for exercising your right of withdrawal.
You are then invited to click on a link entitled “Pay your order”. By clicking on this link, you definitively validate your order and are obliged to pay for it.
You will then be redirected to the secure page of our payment service provider, where you will be asked to provide the data required to fulfill your payment obligation and to click on the “Confirm payment” link.

Fourth step: order confirmation by the Company
Subject to the successful completion of all the preceding stages, we will send you an order confirmation e-mail containing the information indicated in the order summary. This confirmation e-mail also contains the present GTC in a printable format, as well as a link allowing you to access the standard withdrawal form.

ARTICLE 4 - PRICES

4.1. The prices of our items displayed on the Site are fixed in euros, inclusive of all taxes (including value-added tax at the current rate) and exclusive of delivery charges (see article 2 of these GTC). 

4.2. We may modify the prices of the products we offer on the Site at any time.
However, products are always invoiced on the basis of the prices indicated in the order summary and in the order confirmation e-mail.

4.3. If one or more taxes or contributions, e.g. environmental, were to be created or modified, either upwards or downwards, this change would be reflected in the selling price of our items shown in our catalogs and sales documents.

ARTICLE 5 - PAYMENT

Payment for your purchases (see article 3.3. of these GTC and the Second stage of the contractual process) must be made by credit card. We accept the following cards

• VISA Electron
• Maestro
• Visa
• e-Carte Bleue
• Mastercard
• Carte Bleue

You will be asked to specify your credit card type and enter all data (card number, expiry date, visual cryptogram), then click on the “Confirm payment” link.

Your credit card account will then be debited with the total amount of your order (including delivery charges) less any discounts, and your order will be dispatched as soon as you have validated your payment. We would also like to inform you that, for security reasons, your bank details are transmitted exclusively and directly (we do not receive any communication from them) to our certified service provider specializing in the management of secure online payments in encrypted form via a secure connection, and that they are not kept by them beyond the time required to complete the transaction.

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1. Our non-professional customers established in the European Union have a period of fourteen days in which to exercise their right of withdrawal, without having to give any reason whatsoever.
In accordance with the provisions of article L.221-28 of the French Consumer Code, the right of withdrawal may be excluded for certain products, in particular those which are likely to deteriorate or expire rapidly, or which cannot be returned for reasons of hygiene or health protection.

6.2. In cases where you have a right of withdrawal, the fourteen-day withdrawal period runs :
- from the day on which you, or a third party other than the carrier and designated by you, receive the order concerned,
- or, in the case of an order for several items delivered separately, from the day on which you, or a third party other than the carrier and designated by you, received the last item,

6.4. To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending us, by post to Animaderm, Groupe Audevard, 37-39 rue de Neuilly, 92110 Clichy or by email to contact@animaderm.com before the expiry of the fourteen-day withdrawal period, the attached withdrawal form or, at your option, any other unambiguous statement expressing your wish to withdraw.

The retraction form is also available at this address: https://www.animaderm.com/fr/content/7-formulaire-de-retractation

WITHDRAWAL FORM
Order cancellation (articles L.221-18 et seq. of the French Consumer Code) for all purchases made by non-professionals. Please complete and return this form only if you wish to cancel your order.

For the attention of Animaderm, Groupe Audevard, 37-39 rue de Neuilly, 92110 Clichy, France.
I hereby notify you of my withdrawal from the contract of sale referred to below:

• Order number :
• Ordered on :
• Received on :
• Customer name :
• Customer address :
• Customer's signature (only in case of notification of this form on paper) :
• Date :

To be sent by post to Animaderm, Groupe Audevard, 37-39 rue de Neuilly, 92110 Clichy or by email to contact@animaderm.com

6.5. In the event that you have validly exercised your right of withdrawal, you may return your product to us by post, at your expense, retaining proof of dispatch. Alternatively, you can return your product to us via the carrier who initially delivered it. We will then contact you within fourteen days to arrange a date for collection of the parcel by our carrier. In this case, we will ask you to pay a flat-rate fee of €14.90 (incl. VAT) to cover return costs.

6.6. Provided that your return was covered by the right of withdrawal and that the products were returned to us unused and with their packaging intact, we will refund all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which we were informed of your decision to withdraw. We may defer reimbursement until the goods have been recovered or until you have provided proof of shipment of the goods, whichever comes first. We will make the refund using the same method of payment that you used for the original transaction.

6.7. The exercise of the right of withdrawal terminates the obligation of the parties to execute the order, as well as any ancillary contract, at no cost to you other than those relating to the return of the products.

ARTICLE 7 - WARRANTIES

7.1. In accordance with the legal provisions in force, we inform you that you benefit from a legal guarantee of conformity as well as a legal guarantee against hidden defects. Thus, we are liable for any lack of conformity or latent defect that may affect the item you have purchased, in accordance with Articles L. 217-3 et seq. of the French Consumer Code and Articles 1641 to 1649 of the French Civil Code, extracts of which are given below.

7.2. Conformity

In accordance with the legal provisions in force, you benefit from a legal guarantee of conformity under the conditions set out in articles L. 217-1 et seq. of the French Consumer Code. You have two years from delivery to take action. However, this warranty is limited to the expiration date of each product mentioned on its packaging, and to its intended use.
You do not need to prove the existence of a lack of conformity during the twenty-four months following delivery. We may rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.

The legal warranty of conformity applies independently of any commercial warranties.
In the event of a proven lack of conformity, we will replace the product at no charge to you.

In the event of a lack of conformity, you may request either repair or replacement of the product concerned. However, in the event that this choice would entail a cost manifestly disproportionate to the other method, given the value of the product or the extent of the defect, we will have the option of proceeding according to the method not chosen.

7.3. Hidden defects

We guarantee that the products ordered on our Site are free from hidden defects.
You may decide to invoke the warranty for latent defects under the conditions defined below:
In the event of a product defect, the latent defect warranty may only be invoked if you can prove that the defect predated the sale and was not apparent when the product was delivered, in accordance with article 1641 of the French Civil Code. The alleged defect must be sufficiently serious to render the product unfit for its intended use.
Under article 1648 of the French Civil Code, an action for latent defects must be brought within two (2) years of discovery of the defect.
Should the presence of a latent defect be established, you may choose between rescission of the sale or reduction of the price, in accordance with article 1644 of the French Civil Code.

7.4. In any event, any warranty is excluded in the event of normal wear and tear of your item or improper maintenance or use.

ARTICLE 8 - LIABILITY

8.1. In accordance with the legal provisions in force, we are automatically responsible for the proper performance of obligations resulting from sales concluded via the Site.

Notwithstanding the foregoing, we may, however, exonerate ourselves from all or part of our liability by proving that the non-performance or improper performance of the contract is attributable either to our co-contractor, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

When the product presents either a defect of conformity or a hidden defect, you have the choice between the legal guarantee of conformity, provided for in article L217-3 of the French Consumer Code, and the guarantee against hidden defects of the thing sold, provided for in article 1641 of the French Civil Code.

8.2. We decline all responsibility in the event of damage inherent in or caused by the use of the Internet network, particularly with regard to access to and use of the Site.

ARTICLE 9 - PROTECTION OF PERSONAL DATA

You are hereby informed that we collect and process personal data concerning you. As indicated on the Customer Account creation form, certain data must be provided, while others are optional.
In addition, we automatically receive and record information from your computer and browser, including your IP address, when you connect to the Site.

This data is kept only for the time necessary to fulfil the purpose for which it was collected, which in any case may not exceed 24 months.

All information collected in this way may be used for :

-to manage, process, fulfill and pay for the orders you send us (delivery, invoices, after-sales service),

-to comply with our legal and regulatory obligations, particularly in terms of archiving electronic contracts concluded via the Site,

-for advertising purposes, either after obtaining your express consent, in particular when subscribing to our newsletter, or within the limits authorized by law.

We are the sole owners of the information collected on the Site, which will not be sold, exchanged, transferred or given to another company for commercial purposes without your express consent.
Personal data may only be disclosed in application of a law, regulation or court order.
On the other hand, non-private and/or aggregated data, i.e. data that does not allow you to be identified, may be supplied to third parties for statistical or other purposes.

We implement a variety of security measures to preserve the integrity of your personal information transmitted online. Only our employees who need to perform a specific job (for example, billing or customer service) have access to your personally identifiable information. Computers and servers used to store personally identifiable information are kept in a secure environment.

When we use a service provider or subcontractor to collect and process the data you provide to us, for example to manage customer accounts or process orders, we first ensure that the service provider or subcontractor provides adequate guarantees of confidentiality, usage and data protection.
You have the right to access, rectify, delete and oppose your personal data, as well as the right to limit its processing.
Any such request should be addressed to Animaderm, Groupe Audevard, 37-39 rue de Neuilly, 92110 Clichy.
All requests must be accompanied by a photocopy of your identity document (identity card, passport, driving license).
We have a maximum of one month following receipt of the request to reply.

ARTICLE 10 - ACCESS TO THE SITE

Subject to the provisions of the present article, the Site is accessible 24 hours a day, 7 days a week, all year round.
Access to the Site requires a broadband Internet connection.
We cannot guarantee that access to the Site will be uninterrupted, given the technical difficulties inherent in the Internet network. As a result, we cannot be held liable, in particular, in the event of malfunction in access to the Site and temporary slowdown in the speed at which Site pages open. If you no longer wish to receive newsletters or commercial prospecting by e-mail, you can let us know at any time by clicking on the unsubscribe link in each e-mail sent to you.

You have the option of registering free of charge on the anti-solicitation list at the time this information is collected. If you feel that we are not complying with our obligations with regard to the collection and processing of your personal data, you can send a complaint to the CNIL by post or electronically via the following link: https://www.cnil.fr/fr/plaintes/internet.

Similarly, we may be required to carry out maintenance operations on the Site. It is understood that we cannot be held liable in the event of temporary suspension of access to the Site for maintenance purposes.

Furthermore, we cannot be held responsible for any malfunction or deterioration of your computer equipment due to contamination by a virus.

ARTICLE 11: INTELLECTUAL PROPERTY

All elements making up the Site (texts, photographs, comments, trademarks, trade names, domain names, drawings, images, graphic guidelines, logos, databases, etc.) are strictly protected by intellectual property law and are the exclusive property of us and/or our commercial partners.

Any total or partial reproduction or representation of the Site and/or of one or more of its elements is strictly forbidden, except with our prior written authorization. 

ARTICLE 12 - FINAL PROVISIONS

12.1. We reserve the right, in order to facilitate navigation on the Site, to place cookies or similar files on our connection terminals.
The purpose of cookies is to identify you more quickly when you connect and to facilitate electronic communication. Cookies also enable us to collect statistical and advertising data.
We cannot guarantee that the Site will function optimally if you refuse to accept cookies.
You can refuse to receive cookies by configuring your Internet browser.

12.2. We reserve the right to modify at any time, in whole or in part, these GTCU.
You are deemed to accept the current version of the GTCU each time you connect to the Site.

12.3. Should any clause of these GTCU be wholly or partially invalid, inapplicable or become invalid or inapplicable at a later date, the validity of the other clauses shall not be affected.

12.4. The fact that we do not exercise one of our rights under these GTC shall in no way be interpreted as a waiver on our part of our right to avail ourselves of the rights or clauses provided for in these GTC.

 ARTICLE 13 - DISPUTE RESOLUTION

These GCS are governed by French law.

Any dispute arising from the formation, interpretation or performance of these GSCs shall fall within the exclusive jurisdiction of the ordinary courts in the case of our non-professional customers, and of the courts of Nanterre in the case of our professional customers, notwithstanding plurality of defendants or the introduction of third parties.

Our non-professional customers are informed that, in accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, we adhere to the Service du Médiateur du e-commerce MCP Médiation whose contact details are as follows: 12 square Desnouettes - 75015 PARIS - https://mcpmediation.org/. If your prior written complaint to our company has been unsuccessful, you may refer any consumer dispute to the Mediation Service. Details of how to contact the Mediation officer are available at the following address: https://mcpmediation.org/mode-demploi-2/. The mediator can be contacted at the following address: https://mcpmediation.org/saisir-le-mediateur/

(Date: May 2024)