GENERAL CONDITIONS OF SALE (FOR THE ATTENTION OF CONSUMERS)

Applicable from August 6 , 2020 References : PARNASIA LTD
 

Definitions: 

" Order " : refers to the order placed by the CUSTOMER via the Site.  

" Account " : refers to the account created by the CUSTOMER on the Site.  

“ Contract ” : refers to the contractual unit formed by the
GENERAL TERMS OF COMMERCE, and the GENERAL TERMS OF UTILIZATION of the Basket.   

" Data " : refers to personal data, as defined by law, of the CLIENT and transmitted by the latter to PARNASIA LTD.  

" Basket " : refers to the summary provided by PARNASIA LTD to the CUSTOMER via the Site and summarizing all the Products ordered and their cost. 

" Products " : refers to the items sold by PARNASIA LTD and appearing on the Site. The Products are described and presented by PARNASIA LTD with the greatest possible accuracy, it being specified that in the event of a contradiction between the presentation of the Products and their production, PARNASIA LTD cannot be held liable.  

" Site " : refers to the webSite accessible at the following address https://www.meditopmask.com/  

General provisions and acceptance of the general terms of service: 

  1. These terms and conditions (hereinafter " Terms “) are intended to define the terms and conditions under which the company PARNASIA LTD, company with responsibility limited, registred in Hong Kong under the number 64461224-000-03-15-0 the address is Suit D, 6/F HO Lee commercial Building 38-44 d’Aguilar Street – Central Hong Kong, (hereinafter " PARNASIA LTD"), sells the Products, as defined in these GTS, customers have the status of consumer or non-professional in accordance with the consumer code.

PARNASIA LTD and the CUSTOMER are individually referred to as " a Party " and jointly " the Parties “.

  1. In the event that any of the provisions of the GTS are declared null or ineffective, in any way and for any reason whatsoever, it will be deemed unwritten, without this affecting the validity of the other provisions. Nor does it invalidate the other provisions. The Parties then agree to replace the clause declared null and void by a clause which will most closely relate to its content of the clause initially adopted and given the initial intention of the Parties, in particular so as to maintain the initial balance of their relationships. The same principles will apply in the event of incomplete stipulations.

No tolerance, inaction or inertia of PARNASIA LTD can be interpreted as a waiver of its rights under the terms of the GTC

  1. Any Order placed with PARNASIA LTD by the CUSTOMER implies full and unreserved acceptance of the GTCs in force on the date the Order is placed, regardless of the contrary provisions that may appear on any document issued by the client. THE GTC cancels and replaces all previous conditions.
  1. PARNASIA LTD reserves the right to modify or adapt the GTC at any time. The applicable T & Cs will be those in force on the date of placing the Order by the CUSTOMER.
  1. The CUSTOMER acknowledges having read the GTCs before placing an Order, having accepted them and having the capacity to enter into a contract.

Article 1 : Subject – Contractual documents 

1.1 The purpose of these T & Cs is to determine the terms and conditions under which PARNASIA LTD sells and delivers the Products ordered by the CUSTOMER.

1.2 The Contract is formed by the following contractual documents:

  • These GTC ;
  • The Basket ;
  • The General Terms of Use (GTU) ;
  • PARNASIA LTD privacy policy.

Article 2: Method of placing the Order – Basket  

2.1 To order the Products, the CUSTOMER must first go to the Site, or the online sales platforms, using any device allowing an Internet connection, in order to inform the Products he wishes to order, and thus create your Basket.

No order sent by mail can be taken into account.

2.2 When placing an order, the CUSTOMER must confirm it using the so-called “double-click" technique: after selecting the Products added to his Basket, the CUSTOMER must check and possibly correct the content of his Basket (namely, in particular: identification and quantity of the Products selected, corresponding prices, delivery terms and costs), before validating it, accepting these GTC, and its obligation to pay for the Order, and thus confirming acceptance of his Order.

2.3 Following the placing of the Order by the CUSTOMER, PARNASIA LTD will acknowledge receipt by sending the CUSTOMER an Order confirmation email including the summary of his Order and its number.

2.4 PARNASIA LTD reserves the right not to validate the CLIENT’s Order for any legitimate reason, in particular in the event that:

  • It would not comply with these T & Cs;
  • Payment is refused;
  • One of the CLIENT’s previous orders would not have been paid in full when due;
  • A dispute relating to the payment of one of the previous orders is being processed;
  • Several serious and concordant elements would raise a suspicion of fraud on the Order.

2.5 Emails are sent to the email address provided by the CLIENT.

 

Article 3: Products – Availability 

3.1 The Products sold by PARNASIA LTD are those displayed on the Site. In the event of a specific order, it is up to the CUSTOMER to send an email to the following email address: info@parnasia.com.

3.2 The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of PARNASIA LTD. As such, PARNASIA LTD cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks or a failure of one of its suppliers.

3.3 In the event that, after the Order, the Product ordered becomes totally or partially unavailable, PARNASIA LTD will inform the CUSTOMER by mail of this unavailability and will give the CUSTOMER the possibility, at its discretion:

  • Either to be delivered of a Product of a quality and a price equivalent to that initially ordered.
  • Or to be reimbursed for the price of the Product ordered.

3.4 PARNASIA LTD takes the greatest care in the presentation and description of these Products to best satisfy the CUSTOMER’s information. However, it is possible that errors beyond the control of PARNASIA LTD may appear on the Site, which the CUSTOMER recognizes and accepts.

3.5 It is specified that PARNASIA LTD only accept the return of intact and unused Products, these two conditions being checked before returning the returned Products to stock.

Article 4: Shipping and Delivery 

4.1 PARNASIA LTD offers different delivery methods, the delivery conditions, and in particular the costs and times, being different depending on the delivery method chosen by the CUSTOMER.

The different delivery methods are specified in the “ DELIVERIES AND RETURNS ” section on the Site.

4.2 The delivery conditions, and in particular the costs and deadlines, applicable to the Order are those mentioned on the Site at the time of the Order. The delivery of certain Products, in certain geographical areas, may give rise to additional invoicing. In such a case, this information is clearly communicated to the CUSTOMER.

The total amount of the delivery costs of the Order is clearly indicated to the CUSTOMER when the Order is placed, and before any validation thereof.

4.3 The date of delivery of the Products is indicated when the CUSTOMER chooses the delivery method.

If the Order contains several Products with different delivery times, the delivery time of the Order will be the longest delivery time.

The CUSTOMER is informed that:

  • For Products in stock at the time of the Order: PARNASIA LTD reserves a preparation period of 96 hours before shipment (working days); 
  • For Products not in stock at the time of the Order (pre-orders): the Order will be shipped after receipt of the Products sent by the supplier of PARNASIA LTD, which cannot be responsible for the delivery times of its suppliers. Thus, the delivery time announced on the day of the Order is announced as an indication, according to the information brought to the attention of PARNASIA LTD on the day of the order.

4.4 When PARNASIA LTD is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the CUSTOMER upon receipt of the Product by the CUSTOMER.

As an exception, the risk is transferred to the CUSTOMER when the Product is handed over to the carrier when the latter is responsible for transport by the CUSTOMER and not by PARNASIA LTD.

4.5 If it is impossible to make the Delivery, due to an incorrect delivery address or the lack of withdrawal by the CUSTOMER of his Order from the selected collection point or from the carrier, PARNASIA LTD will not proceed to any refund of the Order. It will be up to the CUSTOMER to indicate a new valid delivery address, the re-shipment costs being able to be charged to the CUSTOMER.

4.6 In the event of a delay in the delivery of the Products ordered, PARNASIA LTD will attempt to inform the CUSTOMER. The CUSTOMER can also report the late delivery himself:

PARNASIA LTD undertakes to do what is necessary to determine the cause of the delay and find an adequate solution for the effective delivery of the Products ordered as soon as possible.

It is hereby specified that PARNASIA LTD cannot be responsible for delays in delivery due to external causes.

Also, if in the event of late delivery due to a cause unrelated to PARNASIA LTD (for example: manufacturing delay on the part of the manufacturer), the CUSTOMER will not be able to cancel his Order.

In any event, in the event that, after the order, a product becomes totally or partially unavailable, PARNASIA LTD will informs the CLIENT by email of this unavailability and give him the possibility:

  • Either to be delivered of a Product of a quality and a price equivalent to that ordered;
  • Or to be reimbursed for the price of the Product ordered within 30 days of payment of the Order at the latest.

Article 5: Reception of the Products by the CUSTOMER – Conservation of the Products.

If upon receipt of the Products the CUSTOMER finds that some Products are missing or damaged, he will contact PARNASIA LTD as soon as possible so that PARNASIA LTD can send him the said missing Products or can replace the damaged Products, as soon as possible.

It is up to the CLIENT to provide proof of the deterioration of a delivered product and that this deterioration is not attributable to him.

Article 6: Right of withdrawal 

6.1 In accordance with the provisions of Articles L. 221-18 et seq. Of the Consumer Code, the CLIENT has a period of fourteen working days from the day after receipt of the last Product of his order to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs, which remain the responsibility of the CUSTOMER.    

The transport of the returned Products is the responsibility of the CUSTOMER; any damage suffered by the Products on this occasion being such, as recalled below, to revoke the exercise of the CUSTOMER’s right of withdrawal.   

6.2 To exercise his right of withdrawal, the CUSTOMER must notify PARNASIA LTD of his decision to withdraw from the order by means of a written declaration without any ambiguity, before the expiry of the withdrawal period of 14 days mentioned in the article

The CUSTOMER may also exercise his right of withdrawal via his Account, by writing to the following email address: info@parnasia.com or by writing to the postal address of the head office of PARNASIA LTD.

 

6.3 PARNASIA LTD will acknowledge receipt by email of the CUSTOMER’s decision to withdraw. PARNASIA LTD will then reimburse the sums paid by the CUSTOMER without undue delay and in any event, at the discretion of PARNASIA LTD:

  • No later than 14 days from the day on which PARNASIA LTD became aware of the CLIENT’s decision to withdraw.
  • Or on the day of collection of the Products.

The reimbursement of sums paid by the CUSTOMER will be made using the same means of payment as that used by the CUSTOMER, unless otherwise agreed by the Parties. This reimbursement will be made at no cost to the CUSTOMER.

6.4 Only Products returned in a condition allowing them to be put back on sale by PARNASIA LTD (this assuming that they are returned in their original packaging, taking into account the nature of the Products) will be accepted. Consequently, Products returned incomplete, damaged, or used will not be taken back.

By express agreement between the Parties, taking into account the nature of the Products and the importance of the original packaging for the value of the Products, it is decided that the Products unsealed by the CUSTOMER are considered to be Products used within the meaning of the above clause, and therefore the CUSTOMER cannot exercise his right of withdrawal for unsealed Products.

6.5 The CUSTOMER must return the Products to PARNASIA LTD no later than 14 days following the sending of his request for withdrawal.

6.6 In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

“ 1 ° The provision of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior consent of the consumer and express waiver of his right of withdrawal; 

2 ° the supply of goods or services the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3 ° Supply of goods made to the consumer’s specifications or clearly personalized;

4 ° The supply of goods liable to deteriorate or expire rapidly;

5 ° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6 ° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8 ° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9 ° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10 ° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11 ° Concluded at a public auction;

12 ° Provision of accommodation services, other than residential accommodation, services provided on a specific date or period;  

13 ° The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal. " 

Also, taking into account these elements and point 5 ° of article L.221-28 of the aforementioned Consumer Code, the CUSTOMER is informed that he does not benefit from any right of withdrawal when the Products have been unpacked. And / or used by the CUSTOMER within the period of 14 days.

6.2 All the legal provisions applicable to the right of withdrawal are reproduced in Appendix 1.

Article 7: Price information 

7.1 Product offers are valid as long as they are legible on the Site. The prices of the Products are indicated on the Site in currencies relative to the customer’s location, VAT included, but excluding customs charges and other taxes.

All prices displayed are calculated value added tax (VAT) applicable in the customer’s respective country, which may be different depending on the billing country.

7.2 The prices of the Products indicated on the Product sheets of the Site are exclusive of delivery costs, any customs charges and other taxes, and any other additional specific services to which the CUSTOMER may have subscribed.

7.3 The amount of delivery charges applicable for the Products ordered are accessible on the Site.

Article 8: Terms of payment 

8.1 Payments for the price of the Basket are made:

  • Bank cards.
  • Any other payment method detailed on the Site.

The CUSTOMER expressly acknowledges that the communication of his bankcard number to PARNASIA LTD constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, a notification of cancellation of an Order for non-payment is sent to the CLIENT by PARNASIA LTD to the email address provided by the CLIENT when registering on the Site.

The data recorded and kept by PARNASIA LTD constitute proof of the Order and of all past sales.

8.2 PARNASIA LTD reserves the right not to offer one or more payment methods for any legitimate reason, in particular in the event that:

  • The payment partner no longer offers the service in question,
  • One of the CUSTOMER’s previous orders would not have been fully paid when due,
  • A dispute relating to the payment of one of the CLIENT’s previous orders is being processed,
  • Several serious and concordant elements would raise a suspicion of fraud on the Order.

8.3 RESERVE OF OWNERSHIP: the transfer of ownership of Products from PARNASIA LTD, to the benefit of the CUSTOMER, will only be carried out after full payment of the price by the CUSTOMER, regardless of the delivery date of said Products. In the event that payment is not made within the time limits provided by the Parties, PARNASIA LTD reserves the right to take back the delivered Products.

 

Article 9: Securing payments and combating fraud 

Online payments on the Site or by telephone with PARNASIA LTD are made via a secure payment platform, supplemented by control measures, specific to each means of payment, in order to guarantee the security of purchases made on the Site and fight against fraud.

The details of the payment card provided by the CUSTOMER when placing their Order are never transmitted unencrypted over the network.

Article 10: Guarantees 

10.1 For Products purchased from PARNASIA LTD, PARNASIA LTD is liable for any lack of conformity of the Product with the contract under the conditions of Article L. 217-4 and following of the Consumer Code and for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the civil code.

Regarding the guarantee against hidden defects, the CUSTOMER can decide to implement this guarantee within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the price of sale in accordance with article 1644 of the Civil Code.

10.2 It is recalled that the consumer within the framework of the legal guarantee of conformity: 

  • Has a period of one year from the delivery of the property to act;
  • May choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee that may cover your property, when there is one.

10.3 It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

10.4 To benefit from the legal guarantee of conformity or the guarantee against hidden defects for a product purchased from PARNASIA LTD, the CUSTOMER must contact PARNASIA LTD by the following means:

  • By email, at the following address : info@parnasia.com.
  • Through his Account
  • By mail to the head office of PARNASIA LTD.

Article 11: Force majeure 

In the event of the occurrence of an event of force majeure preventing the execution of these GTC, PARNASIA LTD will inform the CLIENT within fifteen (15) days of the occurrence of this event, by email or letter registered with acknowledgment of receipt.

Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the courts and tribunals of the client’s respective country, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. Commercial, civil disturbance, insurgency, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.

All the obligations of the Parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of PARNASIA LTD or the CUSTOMER without compensation on either side.

Article12: Information Technology and Freedoms – Protection of Personal Data 

The personal data protection policy is specified in the Confidentiality policy document available at this address: link

Article 15: Intellectual property 

PARNASIA LTD remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., carried out (even at the request of the CUSTOMER) for the supply of the Products to the CUSTOMER.

The CUSTOMER therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, Products, etc., without the express, prior written authorization of PARNASIA LTD which may make it conditional on financial compensation.

Article 16: Applicable law 

These T & Cs and the operations resulting from them are governed and subject to The laws of the clients respective country.

These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 17: disputes 

17.1 ALL DISPUTES WHICH OPERATIONS AND PURCHASE OF SALE ENTERED UNDER THE PRESENT TERMS OF COMMERCE MAY GIVE RISE, ON THEIR VALID AS THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, CONSEQUENCES AND SUITES AND WHO WOULD CAN BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.        
17.2 The CLIENT is informed that he may in any of question use a conventional mediation, particularly among of the Commission of mediation of consumer (Article L 612-1 of the Consumer Code) or to the bodies of sectorial mediation existing and whose references are to the Site or any alternative mode of dispute resolution (conciliation, for example) in case of dispute.

Article 18: Pre-contractual information – Customer acceptance 

The CLIENT acknowledges having received notice prior to the award of the order and the conclusion of the Agreement, legible and understandable manner, these Terms and all information listed in Article L.221-5 of the Code of consumption , and in particular the following information:       

  • The essential characteristics of Products, given the medium of communication used and the concerned Products;
  • The price of the Order and related costs (delivery, for example);
  • In the absence of immediate execution of the contract, the date or the deadline at which PARNASIA LTD undertakes to deliver the Order ordered;
  • Information relating to the identity of PARNASIA LTD, its postal, telephone and electronic contact details, and its activities, if they do not appear from the context,
  • Information on legal and contractual guarantees and their modalities of implementation;
  • The functionalities of the digital content and, where applicable, its interoperability;
  • The possibility of resorting to conventional mediation in the event of a dispute;
  • Information about the right of withdrawal (existence, terms, time, conditions for the exercise of this right and standard form of withdrawal available in the account), the terms of termination and other circumstances significant contractual;
  • The means of payment accepted.

The fact for a natural (or legal) person to order on the Site implies full and complete acceptance and acceptance of these GTC and obligation to pay for the Order, which is expressly recognized by the CLIENT, who waives, in particular, to prevail over any contradictory document, which would be unenforceable against PARNASIA LTD.

Article 19: Contact details of PARNASIA LTD

Company name: PARNASIA LTD

Email address: info@parnasia.com