1. Preamble
These general terms and conditions of sale apply to the use of this website and to all sales between the customer and OSCIMED EUROPE SAS, the company responsible for the website www.topvitality.fr (hereafter: the Site).
Please read these terms and conditions carefully before using this website.
By placing an order on the Site, the customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Once the order has been validated, the customer accepts these terms and conditions.
By using this website or placing an order through it, you agree to use our products for personal purposes. Any resale or rental to private individuals or professionals is strictly forbidden.
These terms and conditions are subject to change at any time; you should read them before placing your order, as the terms and conditions in force at the time of your visit to this website or the conclusion of the contract (as defined below) will automatically apply.
The contract (as defined below) may be executed in any language in which the General Terms and Conditions are available.
2. Acceptance
The on-line provision of the purchaser's credit card number or payment via Paypal and the final validation of the order shall constitute proof of the purchaser's agreement:
- Payability of sums due ;
- Electronic signature and acceptance of all operations carried out.
3. Order
To place an order from the online catalog, the customer must complete an order form by following the steps below. To validate the order, the buyer must accept the present conditions. Next, he/she must enter his/her address, choose a payment method and confirm payment.
OSCIMED EUROPE SAS cannot guarantee the cancellation of an order once the confirmation e-mail has been sent. The best way to try to modify or cancel an order is to send an email to topinfo@oscimed-europe.com.
4. Products
The products you can find on our Site are governed by the present general conditions of sale and are sold/shipped by OSCIMED EUROPE SAS or one of its service providers. They are presented on the Site as accurately as possible and are offered while stocks last.
5. Prices
The price to be paid for OSCIMED EUROPE SAS products is that indicated on the Site below each item. The price includes VAT but does not include shipping costs. Shipping costs are displayed separately at the time of ordering and must be paid at the same time as the order. All orders, whatever their origin, are payable in euros (€). OSCIMED EUROPE SAS reserves the right to change prices at any time.
6. Payment
Payment of the order is made via the payment systems made available during the purchase process: bank card, credit card, American express card and Paypal.
An e-mail is sent once the order is being prepared by our team and the order amount has been debited. We will then notify you of the various stages in the processing and dispatch of your order.
OSCIMED EUROPE SAS will automatically cancel your order if there is a problem with payment, and will notify the customer by e-mail or telephone.
7. Data security and confidentiality
OSCIMED EUROPE SAS collects the following personal data in order to facilitate your transactions: login, profile, payment. OSCIMED EUROPE SAS implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
The personal data collected from users is used to provide and improve TopVitality.fr services and to maintain a secure environment.
Your personal data is shared with third-party companies in the following cases:
- Payments ;
- Publicly visible comments.
All users have the right to access, rectify, limit the use of, port and delete data and cookies.
You can find more information on our privacy policy page.
8. Delivery
Products ordered are delivered according to the terms and deadlines specified in these terms and conditions of sale. If the parcel is damaged on receipt, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel.
OSCIMED EUROPE SAS products will be delivered to the address indicated by the buyer. The customer must provide an exact address, as any product returned to the seller due to an incorrect or incomplete address will be reshipped at the buyer's expense.
9. Retention of title clause
The retention-of-title clause suspends the immediate transfer of ownership from the seller to the buyer. Nevertheless, this derogation does not call into question the firm and definitive nature of the sale once the parties have agreed on the item and the price.
It is agreed that the seller remains the owner of the goods sold until the buyer has paid the full amount stipulated in the contract. Consequently, in the event of non-payment, the seller may demand the return of the goods at any time.
Furthermore, if these goods are damaged, lost or stolen, the buyer will be entirely responsible for the consequences of this loss. The buyer is obliged to take out insurance to guarantee payment of the indemnity directly to the seller.
10. Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence or disappearance. Force majeure shall be deemed to be any facts or circumstances which are irresistible, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
11. Right of withdrawal, returns and exchanges
From the date of delivery of his order and in accordance with the provisions of article L 221-5 of the French Consumer Code, the purchaser has the right to retract without giving any reason, within a period of 14 days. Returned products must be unworn, unwashed and in their original packaging. Please note that if the buyer returns the item without its original packaging, OSCIMED reserves the right not to proceed with reimbursement.
Returned products can only give rise to a refund, the customer cannot request the return of another product in exchange. If the customer wishes to order another product instead of the one returned, he/she may place a new order on the www.topvitality.fr website. Return shipping costs are at the customer's expense.
12. Customer service
Questions, comments or requests concerning these terms and conditions or our products should be addressed to topinfo@oscimed-europe.com.
13. Intellectual property rights
The content of this Site must not be copied under any circumstances. All intellectual property rights are held by OSCIMED SA and its subsidiary OSCIMED EUROPE SAS.
No transfer of intellectual property rights is made through these GTC. Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
14. Liability
If we fail to deliver the products or if the products we deliver are not those you ordered, if they are damaged or defective or if the delivery is of incorrect quantity, our only obligation shall be, at your option, to :
- Rectify any shortage, missing or incorrect delivery; or
- Replace or repair any damaged or defective products; or
- Refund to you the amount you have paid for the products in question.
The user is responsible for:
- The protection of their equipment and data;
- The use of the Site or its services;
- If he/she does not comply with the letter or spirit of these GCS.
15. Hypertext links
The Site may contain hypertext links to other websites over which OSCIMED EUROPE SAS has no control. Despite prior and regular checks carried out by OSCIMED EUROPE SAS, the company declines all responsibility for the content that may be found on these sites.
OSCIMED EUROPE SAS authorizes the creation of hypertext links to any page or document on its Site, provided that these links are not created for commercial or advertising purposes.
In addition, OSCIMED EUROPE SAS must be informed before any hypertext link is set up.
Excluded from this authorization are sites broadcasting information of an illicit, violent, polemical, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.
Finally, OSCIMED EUROPE SAS reserves the right to remove at any time a hypertext link pointing to its Site, if it considers it to be in breach of its editorial policy.