Preamble
The service you are visiting on which this text is posted (hereinafter the “Service”), accessible on the online health and beauty store website soin-et-nature.com (hereinafter the “Site”), is governed by these Terms of Use. This text sets forth the Terms of Use, which you accept by using the Service.
These General Terms of Use (hereinafter the “GTU”), the Privacy Policy, and the General Terms and Conditions of Sale constitute the entire agreement between you and us regarding access to and use of the Service and supersede all prior communications, offers, proposals, or correspondence, whether oral or written, between you and us.
Please refer to the Privacy Policy regarding the processing of your personal data.
Article 1 – Legal Notices for the Service
Company Information: The website soin-et-nature.com is operated by PHARMACIE COMAILLS A., a limited liability company under French law with a share capital of €154,050.00, whose registered office is located in Perpignan,124-125 Avenue Victor Dalbiez, registered with the Perpignan Trade and Companies Register under number 504 435 934.
Legal representatives: Dr. Arnaud Comaills
Intra-Community VAT number: FR47504435934
SIRET number: 50443593400022
Responsible Pharmacist: Dr. Arnaud Comaills
Doctor of Pharmacy, graduate of the Faculty of Pharmacy in Montpellier
Holder of a University Diploma (DU) in Orthopedics, graduate of the Faculty of Pharmacy at the University of Montpellier
RPPS Number: 10001935856 (registration in the Shared Directory of Healthcare Professionals)
Registration number with the National Order of Pharmacists: 123792, Section A
FINESS Number: 660788928 (National Registry of Health and Social Care Facilities)
Contact: Our customer service department can be reached by email at contact(at)soin-et-nature.com or by phone at 0468546231 Monday through Friday from 9:00 a.m. to 12:30 p.m. (toll-free from France)
Article 2 – Purpose of the Terms and Conditions
The purpose of these Terms of Service is to define the provisions applicable to any use of the Service, including access to and use of the Service by a user (hereinafter “You,” “Your,” “Yours,” etc.).
Use of the Service implies unconditional acceptance of these Terms of Use. If you do not accept these Terms of Use, you may not use the Service and may leave it immediately.
Article 3 – Terms and Conditions of Access to the Service
3.1 Availability
We use our best efforts to keep the Service accessible 24 hours a day, 7 days a week. We strive, reasonably and diligently, to maintain the security and operational integrity of the Service by implementing security measures appropriate to the nature of the data and the risks posed by its operations.
We reserve the right to interrupt, temporarily suspend, or modify access to all or part of the Service without prior notice, in order to perform maintenance, upgrades, or for any other reasons, including technical ones, without such actions giving rise to any obligation or entitlement to compensation.
3.2 User Account
Creating an account requires you to identify yourself.
Access to your account is restricted to you after you log in using your username and password, which you have chosen freely.
When creating this account and throughout your registration, you agree to provide accurate, complete, and up-to-date information.
You are solely responsible for the information stored in your account. You may add, modify, or remove this information at any time.
You acknowledge that your username and password are strictly personal and confidential. Use of your username and password over the internet is at your own risk. It is your responsibility to take all necessary measures to protect your own data from any unauthorized access. Accordingly, we cannot be held liable for any unauthorized access to your account or any changes made to your account.
3.3 Your Obligations
By accessing, visiting, or using the Service, you warrant and represent that you:
- Have the legal capacity to enter into this contractual relationship;
- Have read and agreed to these Terms of Service and the Privacy Policy;
- Will be responsible for any use of the Service, whether by you or by anyone using your login credentials.
3.4 Prohibition on Illegal or Unlawful Use
You are hereby informed that all applicable laws and regulations in force apply to the internet.
You certify that you will not use the Service for any purpose that is illegal or prohibited by law or these Terms of Use.
By way of example, but not limited to, you must not under any circumstances:
- Intercept or attempt to intercept email or any other private communication not intended for you;
- Use any means that would limit a third party’s peaceful use of the Service;
- Send email to other Internet users for any purpose other than individual communication; in particular, use the Service as a mass communication tool to send a general message that is unsolicited by the recipients;
- Falsely represent yourself as one of our employees, agents, or representatives;
- Use all or part of the data provided and collected on the Service for any commercial purpose.
Depending on your state of residence, you may also be subject to specific regulations, which you agree to familiarize yourself with and comply with.
Article 4 – Our Warranties and Liabilities
4.1 Quality of Information and Content
With regard to the information and content we provide on the Site, we are bound only by an obligation of means; we assume no obligation of result of any kind.
All information contained on this Site has been carefully compiled, verified, and updated. However, we cannot guarantee that all information and illustrations are complete, accurate, and up-to-date at all times. This applies in particular to information regarding manufacturers’ products as shown on the packaging depicted. In general, we disclaim all liability and make no guarantees regarding the legitimacy, timeliness, accuracy, completeness, reliability, or availability of the content, information, and services provided by the Service.
We disclaim, as a matter of principle, any liability for damages, whether tangible or intangible, resulting from the use or non-use of the information presented, or from the use of incorrect or incomplete information, provided that no intentional error or gross negligence on our part can be attributed to us. All offers presented on the Site are non-binding and provided for informational purposes only. We expressly reserve the right to modify, supplement, or delete parts of the Site or the entire offering without prior notice, or to suspend its publication temporarily or permanently.
In general, we remind you that the information on this Site regarding medical advice, medications, and treatment methods is not a substitute for the advice of a doctor or a pharmacist.
If you have any questions about our Service (excluding pharmaceutical advice or product advice), you can also contact us by email or phone. Information obtained through these instant messaging services is provided for informational purposes only and does not constitute pharmaceutical advice or replace a consultation with a healthcare professional. If you wish to submit a question to our pharmaceutical advisors, please contact us at the email address and phone number listed in Section 1 of these Terms.
4.2 Content Provided by Third Parties
Under no circumstances will we accept any liability for any consequences whatsoever, including those resulting from the use of the Service by Site users or from information provided by Site users via this Service. This information is the responsibility of each Site user who provides, configures, modifies, and controls it.
We are under no obligation to verify the legality of information transmitted and stored by third parties, nor to investigate circumstances indicating illegal activity.
However, we are required to remove or block the use of information in accordance with applicable laws as soon as we become aware that the information provided by third parties violates the law.
4.3 Security and Access
Numerous factors beyond our control may interfere with the operation of the Service. Consequently, we do not guarantee continuous, uninterrupted, or secure access to our Services. Accordingly, we cannot under any circumstances be held liable for any interruption in access to the Service or for any consequences that may result therefrom.
We shall never be held liable for any damages (direct or indirect) or for any temporary or permanent incidents that may be caused to your data or computer equipment while you are accessing the Service, visiting your account, or generally during the transmission to your device of the files and software that comprise the Service. In particular, we are not liable for any transmission of a virus through our Service.
We are not liable for any fraudulent use of our distribution channels and disclaim all liability in the event of unauthorized access to our computer systems or data theft, provided that we implement appropriate measures to prevent such unauthorized access.
4.4 Damages
To the extent permitted by law, we are not liable for any damages you may incur related to a force majeure event or any commercial loss, loss of customers, loss of brand reputation, business disruption, or any other special, incidental, or consequential damages arising from or in connection with the Service or these Terms of Use.
Article 5 – Your Liability to Us
5.1 Your Content
By posting information and content such as photos, documents, comments, or reactions on the Service, each user contributes to the dialogue and the operation of our Service.
To ensure that this dialogue proceeds appropriately and that the Service operates effectively, you agree to comply with all of these Terms of Service and applicable legal regulations.
5.2 Liability for Content
You hereby acknowledge that you are solely responsible for the content posted online by you or through your account, for any consequences that may result from your contributions, for any breach of your obligations under the provisions or legal notices applicable to this Service, and for all consequences of such a breach.
5.3 Information Provided
The information you provide may not, without this list being exhaustive:
- Be false, inaccurate, or misleading (it must, as far as possible, be truthful and verified);
- Be defamatory, unlawfully threatening, or harassing;
- Be obscene (pornography, pedophilia), contrary to public order and morality;
- Contain attacks or insinuations based on race, religious beliefs or lack thereof, ethnic origin, gender, or sexual orientation;
- Contain viruses, Trojan horses, or any other computer program intended to harm, intercept, or steal data or personal information from the system;
- Infringe upon the rights of third parties, such as intellectual property rights, the right to privacy, and the right to the protection of personal data, etc.
Therefore, you must ensure that any information and/or document originating from a third party and included in the information you provide is used with the prior and express authorization of the third party concerned.
When you upload content protected by intellectual property rights (photos, text, drawings, etc.), you agree to verify in advance that the rights holder consents to its use. Furthermore, when the content posted online is a photograph depicting an identified or identifiable person, you agree to verify in advance that the person has given their consent, even if you are the author of the photograph in question.
5.4 Indemnification
You shall indemnify and hold us harmless from any claim and/or legal action brought by a third party, regardless of their form or nature, that is directly or indirectly related to the information provided and other content you have posted on the Site, or that arises from conduct on your part that violates these Terms.
In this regard, you shall be responsible for the full amount of any damages and interest for which we may be held liable, as well as any legal costs and attorneys’ fees incurred by us. We undertake to notify you as soon as possible of any such legal action.
We reserve the right, at our sole discretion and at our own expense, to participate in the defense and/or out-of-court settlement of a claim or to assume sole responsibility for our defense and control of the proceedings, without thereby releasing you from your obligations to compensate us.
Under no circumstances may you accept an out-of-court settlement that would implicate our liability or impose any obligation on us without our prior consent.
5.5 Removal/Modification
We reserve the right, at our sole discretion, to remove, without prior notice, any information provided by you that is deemed harmful, inaccurate, misleading, inappropriate, or non-compliant with the provisions of the Terms of Use, the Privacy Policy, or applicable laws.
Article 6 – References and Hyperlinks
The Service may contain links to other third-party services over which we have no technical or content control. The existence of a hyperlink to a third-party service does not constitute an endorsement of that service or its content.
We therefore cannot offer any guarantee as to the completeness or accuracy of the content of these third-party services, nor as to their availability.
In general, we are not responsible for the content on other websites to which the Site links. We disclaim all liability for any direct or indirect damages resulting from the use or access of the web services to which the Service links or from the information published on those services. We also disclaim all liability regarding the processing of personal data on these services.
We encourage you to review the Terms of Use and privacy policies of these third-party web services to which we link.
Article 7 – Intellectual Property
7.1 Our Intellectual Property
We grant you only a free, personal, non-exclusive, and non-transferable right to access and use the Service, subject to your compliance with these Terms.
You are therefore authorized to use the content of the Service for your personal information, as a source of information, or for data collection.
The Service (considered as an indivisible whole) and the various elements appearing on the Service (such as, in particular, text, photographs, catalogs, layouts, trademarks, logos, illustrations, specific software, and videos) are protected by intellectual property rights belonging to us or to our licensors. Where applicable, authorization for publication, distribution, or a right of use has been obtained from these third parties.
The logo, product names, service names, or company names mentioned on this Service may constitute the trademarks, trade names, or corporate names of their respective owners. You expressly agree to respect these intellectual property rights.
Subject to the exceptions provided by law, you are prohibited, including but not limited to, from modifying, copying, distributing, transmitting, broadcasting, publishing, licensing, transferring, sell, reproduce, or cause to be reproduced, in whole or in part, any information, software, product, or service obtained from this Service, whether temporarily or permanently, by any means, known or unknown, on any medium, without our prior written consent. Failure to comply with this prohibition constitutes an infringement that may result in civil and criminal liability for the infringer.
Hyperlinks to the Service are permitted provided that they link to the home page (unless otherwise specified by us) and are not accompanied by any disparaging or defamatory comments regarding the Service.
7.2 Your Intellectual Property
For content published by you on the Site that is protected by intellectual property rights owned by you, you grant us a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, reproduce, modify, translate, distribute, adapt, and communicate such content published on the Service or sent via email. This license shall remain in effect for the entire legal term of the copyright.
In the case of a contribution (testimonial, advice, recommendation), this license will allow us to publish the testimonial or advice you have provided throughout the Service or to certain users of the Site who may be interested in it. It will also allow us to modify or remove such content when necessary for the administration of the Service. This license includes any moral rights you may possess, which you hereby waive unless you can demonstrate that the modification in question is detrimental to your honor or reputation.
Article 8 – Confidentiality and Respect
You agree to treat as strictly confidential and not to disclose to third parties any information, images, or other content resulting from any activity related to the Service.
You are also prohibited from using information obtained from the Service to abuse, harass, or harm another person, or to contact, promote, solicit, or sell information relating to that person without their prior explicit consent.
Article 9 - Data Protection
The disclosure of personal or professional data (email addresses, names, mailing addresses) made possible through the Service is provided on an expressly voluntary basis, in accordance with the Privacy Policy.
You may also use certain features of the Service without providing such data or by providing anonymous data or a pseudonym—to the extent that this is technically possible and reasonable.
Third parties are not permitted to use our contact information—such as our mailing address, phone number, and email address—as published in the legal notices on the Site or in similar disclosures to send unsolicited information. We reserve the right to take legal action against senders of unsolicited messages in the event of a violation of this prohibition.
Article 10 – Deletion of Your Account
We may delete an account on our own initiative. Such deletion may result from the account’s inactivity for a certain period of time, and/or a temporary measure taken by us against a suspicious account, for example, when we have reason to believe that you are not complying with these Terms, and/or as a result of a request from a third party alleging a violation of its rights, or from a competent authority. You may not claim any compensation as a result of a deletion, even if it was in error.
Article 11 – Final Provisions
11.1 Amendments to the Terms of Service
We reserve the right to amend these Terms of Service at any time, without prior notice, in response to changes made to the Service, changes in legislation, or for any other legitimate reason.
In the specific case where the Service must be adapted to legislative changes, we will make every effort to implement these changes as quickly as possible. During this period, you acknowledge that we cannot be held liable for any temporary non-compliance.
The new Terms of Use will be posted online with the update date and will apply to you immediately.
The version of the Terms of Service that is binding on you is available at all times on the Service.
You agree to stay informed of these changes by regularly reviewing the page on the Service containing the Terms of Service.
11.2 Severability
If one or more provisions of the Terms of Service are found to be null and void, invalid, illegal, or unenforceable under applicable law, in whole or in part, such a situation shall not affect the validity of the remaining provisions. The void, invalid, illegal, or unenforceable provision shall be retroactively replaced by a valid and enforceable provision whose content is as close as possible to that of the original provision.
11.3 Agreement on Evidence
The contracting parties (you and us) agree that they may exchange the information necessary for the Service electronically. Any electronic communication between the contracting parties is presumed to have the same evidentiary value as a written document on paper. Your use of your login credentials allows us to assume that you are the one using the Service.
A printed version of the Terms of Service and any notices provided in electronic form shall be admissible in any judicial or administrative proceedings related to this contractual relationship, on the same terms and under the same conditions as other documents created and retained in printed form.
11.4 Force Majeure
Notwithstanding any provision to the contrary, neither party shall be held liable for any delay in the performance or failure to perform its obligations resulting from events of force majeure (such as strikes, war, earthquakes, natural disasters of any kind, direct or indirect effects of explosions, fires, heat release, floods, and any other event of force majeure).
11.5 Relationship
These Terms of Use shall in no event be construed as a partnership, a “joint venture,” or any other association between the contracting parties (you and us), and neither contracting party shall be deemed to be the agent or employee of the other. Our relationship with you is that of an independent contractor.
In the event of a dispute between you and other users of the Service or between you and a third party, we have no obligation to become involved. You hereby release us, as well as our directors, employees, and other members, from any and all claims, damages, and liabilities of any kind, known or unknown, relating to such disputes in which you may be involved.
11.6 Communication and Notification
Any communication or notice we send to you will be deemed valid once it is sent to the email address you have provided to us, even if that address is no longer valid.
11.7 Complaints
You may contact us regarding any information, questions, or complaints concerning the Site or these Terms of Use through our customer service department, accessible under the “Contact” section.
In the event of a dispute, you shall first contact our company to seek an amicable resolution. Failing that, the French courts shall have exclusive jurisdiction, regardless of the place of delivery or the accepted method of payment, in accordance with Section 11.8 herein.
11.8 Dispute Resolution
Any contractual relationship between you and us under these Terms of Use is governed by French law. Any dispute arising from the validity, interpretation, performance, or non-performance, interruption, or termination of these Terms of Use shall be governed exclusively by French law and shall fall within the exclusive jurisdiction of the French courts for all types of proceedings.
However, the choice of applicable law may not result in depriving the consumer of the protection afforded by provisions that cannot be waived by agreement under the law that would have been applicable in the absence of such a choice. The choice of applicable law does not permit a deviation from the mandatory rules of international law with respect to the law of the court hearing the case.
