General Terms of Sale

YNEO PHARMA – TERMS OF SALES APPLICABLE from October 15, 2019

Article 1 – Object

 

The purpose of these terms of sale is to define the terms and conditions in French language, of the remote sales of the products (hereinafter “the products”) presented on the website www.vyseo.fr (hereinafter The “site”) between:

– on one side YNEO Pharma LLC with capital of € 6,800.00 with head office located at 4 rue de la République 69001 LYON, and registered in the LYON Trade and Companies Register under number 513 285 833, intra-community VAT : FR 685 132 858 33 (hereinafter the “Seller”).

Contact information of The Seller is as follows:

Postal address :

YNEO Pharma

4 rue de la République

69001 LYON

France

Phone Number

04 37 42 38 01

E-Mail address

[email protected]

The Seller’s activity is the development and marketing of products dedicated to the health and comfort of the eye.

The Seller notably ensures the marketing of its products through the Site.

– on the other side, any non-professional individual residing in Metropolitan France, Corsica, or Monaco, having the legal majority and the full legal capacity to conclude a sales contract, visiting and / or making a purchase on the website www.vyseo.fr (hereinafter “the Client”),

The Seller and the Client are hereinafter collectively referred to as the Parties (hereinafter “the Parties”).

In addition, these Terms of Sale are defined by the Seller to the Client browsing the Site of the products offered on the Site (hereinafter the Product /s). Purchases of Products for resale are strictly prohibited.

Any order placed on the site w www.vyseo.fr implies full acceptance of these Terms and Conditions of Sale by the Client, with the exception of all others, and expresses adherence to them. It is specified that the Seller reserves the right to adapt these Terms of Sale or to modify them at any time. In this case, the Terms of Sale are enforced on the day of the order placed by the Client will be applied between the Parties.

Article 2 – Provisions and Terminology

DEFINITIONS :

Products: All the products offered by the Seller on this Site.

Site: The Seller’s website accessible at www.vyseo.fr.

Member (s): Any Internet user who has entered personal data on the Site registration form.

Client(s): Actual Client of goods or services offered by the Seller.

These Seller’s Terms of Sale define the rights and obligations of the parties in connection with the sale of Products by the Seller to Clients of the Website www.vyseo.fr.

The Member confirms to have read and accepted the rights and obligations relating thereto.

These Terms and Conditions of Sale of the Seller define the rights and obligations of the Parties in connection with the sale of Products by the Seller to Members of the Internet Site www.vyseo.fr (hereinafter referred to as “the Site“).

The Member confirms to have read and accepted the rights and obligations relating thereto.

Article 3 – The products

Information relating to the essential characteristics of the Products and their prices is available in a visible in understandable manner in each Product sheet appearing on the Site. The Client confirms to have read it before placing an order. The Customer declares to have familiarized themselves before placing an order.

The Seller guarantees to present the detailed description of the Products. The photo associated with the description is not contractual.

The Seller’s activity is highly regulated and under the control of the National Agency for the Safety of Medicines and Health Products. The regulations limit and frame communication in matters of health or use of the Seller’s Products.

This Site by no means intends to provide health or pharmacy advice, or consultations in these areas. Any information in this regard should be requested from a doctor or pharmacist. Therefore, the Member or Client acknowledges being fully informed that the information contained on the Site is not intended, in any way, to:

-Give medical advice;

– provide a diagnosis;

– replace the consultation, notice or recommendations of a health professional.

The Products offered for sale are photographed, described and presented with the greatest possible accuracy. However, the differences that may exist between the Products and their photographs, in particular in terms of colors, cannot constitute grounds for the cancellation of the sales contract or engage in any way the responsibility of the Seller.

It is specified that the photographs that illustrate the Products have no contractual value.

The purchase of Products on the Site with intent to resell is strictly prohibited.

Article 4 – Access and administration of the site (Host)

Telecommunications costs related to accessing the Site remain the sole responsibility of the Client.

The Seller reserves the right to terminate, modify, suspend, restrict or interrupt access to all or any part of it’s site, its content, for any duration and without notice.

Article 5 – Intellectual property

Copyright and derivative rights:

The Seller owns the rights to the texts, the general architecture, the images, whether or not animated, the graphics and the sounds of the Site.

In accordance with the Intellectual Property Code, any representation or reproduction, in whole or in part, made without the consent of the Seller is illegal. The same is true for translation, adaptation or transformation, arrangement or reproduction by any art or process.

Violation of the provisions of article L122-4 of the Intellectual Property Code constitutes an infringement within the meaning of article L335-2 of the Intellectual Property Code, which constitutes an offense that can be punished by 3 years’ imprisonment and a fine of 300,000 euros. The content of the Site, including texts and images, is protected by copyright and other intellectual property rights and, unless otherwise indicated separately, may not be used, modified, transmitted or reused without prior written permission. of the Seller.

The Member, or the Client agrees to immediately report to the Seller any case of fraud and / or unauthorized access of which he becomes aware. Same goes for all visual elements, whether or not they are registered as a trademark or for another reason, whether or not they are accompanied by the acronyms, ®, or ©, as well as the presentation and content of all the articles, press reviews, and more generally any information appearing on the sites is the exclusive property of the Seller or of third parties with which the latter has concluded agreements allowing the distribution.

Any use of data or information from the Site must mention the Seller as the source of information and is subject to the prior obtaining of formal written authorization from the Seller.

The Client who has a personal website and who wishes to place, for personal use, on his site a link directing to the Homepage of the Seller’s site, must first and foremost request the authorization of the Seller. In no case can this said link be understood as an implicit agreement.

Any unauthorized link must be removed at the Seller’s simple request, the latter reserving the right to initiate any procedure it deems necessary.

Brands :

The names and logos of the Seller constitute registered and protected trademarks. Any use of the name and / or logo of the Seller or its products requires the prior written authorization of the Seller. Failure to obtain such authorization, the Member is liable to criminal prosecution. The reproduction, imitation, use, affixing, deletion or modification of a registered trademark constitutes an infringement which may be punished by 3 years’ imprisonment and a fine of 300,000 euros.

Product brands, trade names and logos, designs and models, as well as more generally all copyrights and industrial and intellectual property rights belonging to the Seller or its affiliates or of which the Seller or its affiliates have the rights of use (collectively the “Trademarks”) appearing in this Site, are Trademarks of the Seller. No mention appearing on the Site may be interpreted as conferring, implicitly or otherwise, any assignment, license or right of use of any Trademarks appearing on the Site without the prior written authorization of the Seller or any third party holder of said Brands or Trademarks.

Nothing in these General Terms and Conditions of Sale may be interpreted as granting the Client or Member a right of any kind whatsoever over the elements protected by intellectual property, of which the Seller may have the property or the right to use. The Seller will use all legal means to guarantee the protection of its intellectual and / or industrial property rights, including any civil and / or criminal prosecution.

Article 6 – Product prices

Article 6.1 : Prices

The prices of the Products are those indicated in Euros, All Taxes included on the Site on the day the order is placed. They take into account the VAT at the rate used in France on the day of the order as well as any discounts resulting from any ongoing promotional operations (promotions, etc.).

They reserve the right to typographical or printing error. These prices are exclusive of the flat-rate contribution to the shipping costs fixed on the day of the order.

The price including all taxes of each product is indicated in the corresponding product sheet. The shipping costs of the Member’s order will be indicated to him before the final validation thereof. They are € 2.99 when the products selected in the basket allows sending by envelope, and € 4.99 when the products selected in the basket must be sent by parcel. Shipping costs are free if the order exceeds € 20.

The Seller reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in effect at the time of order entry.

Failure by the Client to comply with the obligations described by the General Conditions of Sale, in particular sections concerning any incident of payment of the price of an order may result in the suspension of access to the service of www.vyseo.fr, depending on the degree of seriousness of the acts in question, without prejudice to any damages that the Seller may request. Consequently, the Seller reserves the right to refuse any order from a Member with whom there is such a dispute.

Article 6.2 Discounts:

Discounts will be applied to the Member’s basket according to the promotional code offered. The Seller reserves the right to customize the allocation of promotional codes.

Article 7 – Order

a / Client identification

Any new Client must, when ordering, complete a form containing the following mandatory information: title, surname, first name, postal address, email address, telephone (landline or mobile).

No order can be validated if the Client has not previously completed all the mandatory fields of the identification form.

b / Establishment and validation of the order

Members have the possibility of ordering on the internet with www.vyseo.fr. The Client interested in one or more Product (s) presented on the Site must follow the following process in order to place his order online: Adding the selected Product (s) to the basket. Access to the basket is possible at any time until payment, Identification of the Client, Choice of delivery method after the Client has been able to take note of the corresponding shipping costs, Addition of payment information and acceptance of these Terms of sale after having read it.

c / Confirmation of the order

The Member guarantees that he is fully authorized to use the payment card for the payment of his order and that his means of payment provide access to sufficient funds to cover all the costs resulting from the use of the services of www.vyseo.fr.

By clicking on the “Order” button during the ordering process, and after having checked in his “Basket” the contents of the order, and if necessary, to have modified it, the Member declares to accept fully and without reserve the all of these Terms and Conditions of Sale.

After confirming the content of his order, the Member will validate it definitively by payment. The order will not be final until payment of the corresponding price.

Upon payment, the Seller will systematically confirm the acceptance of the order of each Member directly on the web page after validation of the payment.

An email including the paid invoice corresponding to the purchases made will be sent to the Client once payment has been confirmed. Only this last e-mail triggers the preparation of the order with the Seller.

It is therefore specified that the order will not be validated in the event of partial or total default by the Client. In addition, the Seller reserves the right not to deliver the order in the event of an ongoing dispute between the Parties relating to one or more previous orders.

Article 8 – Payment of the order

The Seller has put in place the technical means necessary to secure orders and payments made on its Site (cf. Article 7).

Payment for the Products is made, as previously stated, at the time of validation of the order by the Client.

It is done exclusively:

(i) by credit card. The bank account corresponding to the card used for payment is then debited immediately.

Article 9 – Securing of payments

Article 9.1: Transmission of information when paying by credit card

The Client is asked at the end of the order to indicate his card number, the validity date and the last three digits appearing on the back of the card. Various accesses to authorization distributors are then made in order to verify the data to avoid abuse and fraud. For this, the server is in encrypted mode and all the information conveyed is encrypted. None of this data travels unencrypted over the Internet.

By all means, the online supply of his card number and the final validation of his order will constitute proof of the validation of the order by the Client and of the exigibility of the sums due in execution of the said order.

This validation constitutes signature and express acceptance of all operations carried out on the Site.

Article 9.2: Security and control devices

In order to ensure secure payments, the Site uses STRIPE’s secure payment service in accordance with the European DSP2 directive and strong Client authentication. All card numbers are encrypted on disk with AES-256. STRIPE is certified to the highest industry standards and has obtained regulatory licenses worldwide: PCI DSS Level 1 Certification; SSAE18 / SOC 1 type 1 and type 2 and SSAE18 / SOC 2 type 1 reports.

The Seller controls all the orders that have been validated on the Site by the Client. This aims to protect the Seller and its Clients from abusive practices operated by fraudsters.

For an order that has a delivery address different from the billing address, the Seller’s services may need to contact the two persons mentioned; namely, the person attached to the billing address and the one indicated for the delivery address.

As part of these procedures, the Seller’s services may be required to ask the Client for all the documents necessary to release his order: proof of address and debit in his name, but also proof of address in the name of the person indicated for delivery address, etc. These requests are made by email and / or telephone. In the absence of a response from the Client within 2 working days of the request for additional information, the Seller, unable to validly honor the order, may cancel the order.

In particular, the information provided in the order form is subject to automated data processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.

The incorrect transmission of data by the Client on the order form prevents the completion and analysis of his order.

The occurrence of an outstanding payment due to fraudulent use of a bank card will result in the registration of the person whose contact details appear on the order form associated with this outstanding payment in a payment incident file. An irregular declaration or an anomaly may also be the subject of specific treatment.

Article 10 – Availability of products and services

Only the Products presented on the Site on the day of the Client’s order are available for sale over the internet and may be the subject of a purchase.

However, if the purchased Product becomes unavailable, temporarily or permanently, after validation of the order, the Seller undertakes to inform the Client within 72 (seventy-two) working hours from the validation of the constituent elements. of the order.

The Seller will then reimburse the product according to the following terms:

– If the Product that became unavailable was the only constituent of the order, the Seller will reimburse the Client for the entire order, including shipping costs.

– If the Product that has become unavailable represents only part of the Products ordered, the Seller will reimburse the Client for the price of the Product that has become unavailable, excluding shipping costs, if applicable, taking into account the flat-rate nature of these costs.

The refund of the amount concerned will be made within 30 days of payment of the amounts paid by credit to the bank account corresponding to the bank card used for payment.

Article 11 – Right of withdrawal

The Client has a legal period of fourteen (14) days to withdraw without giving any reason.

To do this, it suffices for him to send his communication relating to the exercise of the right of withdrawal before the expiry of the period of fourteen (14) days after the day on which the latter or a third party designated by him other than the carrier, takes physical possession of the Product (s).

To exercise the right of withdrawal, the Client must, at his choice, notify his decision to withdraw by means of an unambiguous declaration.

The Client must return the Product in new condition in its original packaging, intact, taking into account the properties of the product, without undue delay and no later than fourteen (14) days after having communicated their decision of withdrawal. This deadline is deemed to have been met if the Product is returned before the expiry of the fourteen-day withdrawal period.

The Seller recommends that the Client uses a parcel tracking service. In the event of a dispute, proof of shipment may be requested from the Client.

Requests for withdrawal and product returns should be sent to:

YNEO Pharma

4 rue de la République

69001 LYON

France

ou via E-mail to the following address: [email protected]

The Client will have to bear the direct costs of returning the goods. If by extraordinary circumstances, any Product, due to its nature, cannot normally be sent by post, the Seller will inform the Client of the cost of returning the goods prior to ordering.

It is understood that the Client must return the product in new condition in its original packaging, intact, taking into account the properties of the product, and it may under no circumstances be opened, tested or used. In addition, the Product must be accompanied by all possible accessories, instructions for use and documentation.

The Client may be held liable for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this good.

In the event of withdrawal, the Seller will reimburse all payments received from the Client, including delivery costs (with the exception of additional costs arising from the fact that the Client has chosen, where applicable, a delivery method other than the less expensive standard delivery offered) without undue delay and, in any event, no later than FOURTEEN (14) days from the day on which he is informed of the Client’s decision to withdraw.

However, the Seller may defer the reimbursement until he has received the goods or until the Client has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

The Seller will proceed with the reimbursement using the same means of payment that the Client had used for the initial transaction (credit to the Member’s bank account), unless the Client expressly accepts the delivery of a good of a quality and an equivalent price;

In any case, this reimbursement will not incur costs for the Client.

Article 12 – Delivery

Article 12.1 : Delivery methods

The products ordered will be delivered by the carrier to the address provided when placing the order.

Article 12.2: Delivery times are allocated by the carrier upon the taking charge of the package

Delivery is made in mainland France only. The usual average times correspond to shipping processing times (on average 24 hours) to which the delivery times are added (on average 3 working days).

The Client’s attention is drawn to the following facts:

Any order placed by the Client on Friday, Saturday or Sunday will not be processed by the Seller until the following Monday;

The times indicated above depend on the handling of the package by the carrier.

Orders placed by the Client on a public holiday will be processed on the following working day.

Article 13 – Guarantees

13.1 Client service of the Seller guarantees the conformity of the products

The Seller declares that he is able to sell on the Site all the Products put online of which he holds full ownership.

The Seller is liable for defects in the conformity of the goods with the contract under the conditions of Article L. 211-4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided for in Articles 1641 and following of the Civil Code.

All requests under the legal guarantee of conformity and under the warranty against defects in the item sold can be made to the Seller’s Client service at the following address:

Postal address :

YNEO Pharma

4 rue de la République

69001 LYON

FRANCE

13.2 Legal guarantee of conformity

The Seller reminds that when acting as a legal guarantee of conformity, the Client:

– Benefits from a period of two years from the delivery of the property to act;

– can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;

-is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods. ;

– the legal guarantee of conformity applies regardless of any commercial guarantee granted.

All reservations that the Client intends to make on the condition of the Products delivered (non-conformity, manufacturing defect, transport damage, etc.) must be mentioned on the delivery note. In the absence of any mention on the delivery note, the Seller can demonstrate that the lack of conformity did not exist at the time of the sale.

The guarantee is excluded for any deterioration resulting from causes unrelated to the intrinsic qualities of the Products, such as those resulting from abnormal use (load, humidity or excessive heating, etc.) or due to the Client (transport).

The warranty is also excluding of the defects that the Client was aware of and that he could not ignore upon receipt.

13.3 Legal warranty against hidden defects

The Client can decide to implement the guarantee against hidden defects of the item 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.

In accordance with the provisions of articles 1641 et seq. Of the Civil Code, the Seller guarantees the Client against all the damaging consequences of defects and hidden defects that the Products sold that might come up, provided that the latter are notified to him without delay and at the latest within two years from the discovery of the defect.

Upon delivery of the order, the Client is required to check the Products. The Seller will not be liable for any defects that the Client could detect later on, by himself, after an apparent examination of the Product sold.

All deterioration, including aesthetic damage, resulting from defects or hidden defects which appear in use and which the Client could not have been aware of during delivery are covered by the guarantee, provided that the item is rendered unsuitable for the Client’s use for which it was intended, or which reduces this use so much that the Client would not have acquired it, or would have given only a lower price, if he had known them.

On the other hand, the guarantee is excluded for any deterioration resulting from causes unrelated to the intrinsic qualities of the Products, such as those resulting from abnormal use (load, humidity or excessive heating, etc.) or due to the Client (transport).

In any event, the Client must provide proof of the existence of the hidden defect on the day of delivery.

Article 14 – Liability

The Products sold on the Site are subject to the warranty conditions provided for by French law.

The Seller cannot be held responsible for the non-performance of the order concluded in the event of force majeure.

The Seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by the Seller.

In particular, Seller cannot be held responsible for any disruption in the provision of the service or any external intrusion or presence of computer viruses.

Article 15 – Personal data / Confidentiality

The Seller informs the Member that his data will be used exclusively by his internal services, for the processing of the Member’s order, to strengthen and personalize communication, in particular by sending newsletters, special offers if the Client agrees to receive them. by checking the box provided for this purpose. Mandatory, they are necessary to respond to any order request. If you do not complete these fields, your requests or answers cannot be processed.

The Seller informs the Member that he may also communicate his personal data to ensure the delivery of orders by his service providers, certain aspects of after-sales service, and to carry out satisfaction surveys. In addition YNEO PHARMA may also communicate this data to respond to an injunction from the legal authorities.

In accordance with Regulation (EU) 2016/679 on the protection of personal data, you have the following rights on your data: right of access, right of rectification, right to erasure (right to oblivion), Right of opposition, right to the limitation of treatment, right to portability. You can also define guidelines for the conservation, erasure and communication of your personal data after your death.

You can, for reasons of your particular situation, oppose the processing of the data concerning you.

To exercise your rights, please send a letter to YNEO PHARMA, 4 rue de la République 69001 LYON or [email protected] Please attach a copy of an identity document.

In case of a breach of the above provisions, you have the right to lodge a complaint with the National Commission on Informatics and Liberty.

Article 16 – Contract integration

These General Conditions of Sale on the Internet concluded between the Seller and the Client express all the rights and obligations of the Parties.

No document, no indication, no correspondence can give rise to obligations under these General Conditions of Sale on the Internet, if it is not the subject of an amendment signed by both parties.

If a particular provision of these Terms of Sale on the Internet is held to be invalid or declared as such by a decision having the force of res judicata or if one of the clauses of these Terms of Sale on the Internet becomes null and void through a change in legislation and regulations, the other stipulations will retain all their force and scope.

This can in no way affect the validity and compliance with these Terms of Sale on the Internet.

Article 17 – Complaints, mediation and litigation

17.1 Complaints

All complaints should be made to the Seller’s Client service at the following address:

Postal address:

YNEO Pharma

4 rue de la République

69001 LYON

FRANCE

In addition, for any complaint or for any question concerning an order, the Client can contact the Seller’s Client service by going to the “Contact Client Service” section or by phone:

Phone number : 0800 100 650 (Toll Free Number)

Advisors are available to the Client from Monday to Friday, 9 a.m. to 12:30 p.m. and 2 p.m. to 6 p.m.

Only complaints relating to the online sale of Products on the Site will be taken into account by the Seller’s services.

17.2 Applicable law – dispute

FRENCH LAW IS THE ONLY APPLICABLE LAW TO RELATIONS BETWEEN YNEO PHARMA AND THE CLIENT. ANY DISPUTE BETWEEN THE PARTIES RELATING TO THE INTERPRETATION, THE EXECUTION AND / OR THE TERMINATION OF THEIR AGREEMENT, WILL BE BROUGHT BEFORE THE COMMERCIAL COURT OF THE REGISTERED OFFICE OF YNEO PHARMA, WHEREVER THE PLACE OF THE ORDER, DELIVERY AND PAYMENT EVEN IN CASE OF A WARRANTY CALL OR PLURALITY OF DEFENDANTS.

APPENDIX: STANDARD WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

Attention of: YNEO Pharma 4 rue de la République 69001 Lyon France

I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property below:

Order (*) / receipt (*):

Name of Client (s):

Address of Client (s):

Signature of Client (s) (only if this form is notified on paper)

Date :

(*) Cross out the unnecessary option.