The complete science
for pre & post care skin treatments

T&Cs

These general terms and conditions of sale (hereinafter the «General Terms and Conditions» or «GTC») apply to any purchase made by an individual or legal entity (hereinafter the «CUSTOMER») from Regenlab France with a share capital of € 170,000, having its registered office at 2 avenue de Laponie 91940 Les Ulis, hereinafter referred to as the «SELLER, Regenlab or Regenlab France»

IMPORTANT

All orders placed imply the CUSTOMER’s unreserved acceptance of these general terms and conditions of sale. They constitute the sole basis for commercial negotiation between the parties. In the absence of express acceptance, any condition proposed by the Customer shall be unenforceable against Regenlab, regardless of the time at which it may have been brought to Regenlab’s attention. The placing of an order by the Buyer implies a waiver of its right to invoke its own general conditions of purchase or to invoke any provision contrary to these Conditions. These GCS come into force on the date of validation of the order by Regenlab.

DEFINITIONS

«CUSTOMER»: refers to the SELLER’s co-contractor, healthcare professional or healthcare establishment, who guarantees to be a user as defined by law and jurisprudence. The CUSTOMER refers to any person acting in a professional capacity (for example, exercising an activity in the medical or paramedical field), i.e. in the context of his or her regular professional activity, and who holds any title, clearance or authorization required for such exercise. Products sold by Regenlab may be purchased by healthcare professionals within the meaning of articles L4111-1 to L4163-10, articles L4211-1 to L4252-3, and articles L4311- 1 to L4394-3 of the French Public Health Code. These healthcare professionals include hospitals, clinics, doctors, pharmacists, medical physicists and medical auxiliaries. Medical students are subject to the provisions of the French Public Health Code, and in particular to article R4127-1, which stipulates that they are bound by the Code of Medical Ethics. They are authorized to practice in accordance with the Public Health Code, and in particular articles L4131-2 et seq., and must provide, on request, their authorization to practice, proving their status as substitutes and/or assistants in dedicated structures, and therefore their status as professionals; «DELIVERY»: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of ordering. «PRODUCT»: refers to Regen4D cosmetic products alone or in combination with hyaluronic acid. «TERRITORY»: Refers to metropolitan France (excluding DOM/TOM), Monaco, Andorra, Belgium and Luxembourg.

PURPOSE

These terms and conditions govern the sale of the PRODUCT by the SELLER to its CUSTOMERS.

ACCEPTANCE OF TERMS AND CONDITIONS

The CLIENT undertakes to read these terms and conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS. The SELLER advises the CLIENT to read the general terms and conditions with each new order, the latest version of the terms and conditions applying to all new PRODUCT orders.

PURCHASE OF PRODUCTS

The PRODUCT is intended for use only by persons who have read the instructions for use. The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information provided. In addition, Regenlab reserves the right to request any document and/or proof from the Customer (healthcare professional) in order to validate the order, aimed at proving the reality of this professional practice as well as compliance with current regulations in terms of authorization and declaration. The Customer guarantees the authenticity of the documents provided and will be solely responsible for any consequences that may result from the false or inaccurate nature of said documents and/or supporting evidence.

ORDERS

At the CLIENT’s request, the Regenlab France sales representative will fill out an order form with all the CLIENT’s contact details. The quotation will be validated with the CLIENT by the sales representative after it has been checked. Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke its own terms and conditions of purchase or any other terms and conditions. All data supplied and the recorded confirmation shall be deemed proof of the transaction.

INVOICING

The CLIENT shall provide the information required for invoicing. In particular, the CLIENT must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address. Whatever the method of order or payment used, the CLIENT will receive the original invoice by e-mail.

ORDER DATE

The order date is the date on which the order is entered by the Regenlab France sales representative.

PRICES

For all PRODUCTS, the CLIENT will be informed by the Regenlab France sales representative of the prices in euros including all taxes, as well as any applicable delivery charges (depending on the weight of the parcel, excluding packaging, the DELIVERY address and the carrier or mode of transport chosen). In particular, prices include valueadded tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force. The applicable VAT rate is expressed as a percentage of the pre-tax value of the PRODUCT sold. The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated by the Regenlab France sales representative may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except for gross errors. The applicable price is that indicated by the Regenlab France sales representative on the date the order is placed by the CLIENT.

AVAILABILITY OF PRODUCTS

PRODUCTS are offered for sale within the limits of available stocks. In any event, if unavailability was not indicated at the time the order was placed, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable. The SELLER may, at the CLIENT’s request :
– Either offer to ship all PRODUCTS at the same time as soon as the OUT OF STOCK PRODUCTS become available again,
– Or proceed with a partial shipment of the available PRODUCTS initially, then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred.

THE RIGHT OF WITHDRAWAL

The SELLER may offer CUSTOMERS the possibility of exercising their right of withdrawal in the cases and under the conditions mentioned in articles L.221-18 and L.221-3 of the French Consumer Code, with the exception of the restrictive cases mentioned in article L.221-28 of the French Consumer Code. Regenlab France hereby informs the CLIENT that, in accordance with the provisions of article L.221-28, 4° of the French Consumer Code, as the PRODUCTS sold are likely to deteriorate or expire rapidly after their dispatch to the CLIENT, no right of withdrawal may be offered to the CLIENT.

PAYMENT

Payment must be made within 30 days of receipt of the PRODUCTS. Payment must be made by bank transfer to Regenlab France’s IBAN account (FR76 3000 4014 0300 0102 8378 732). The reason for the transfer must include the invoice reference and the customer number FR.

PAYMENT TERMS

In accordance with French law n°2008-776 de modernisation de l’économie (LME) of August 4, 2008 supplemented by law n°2014-344 of March 17, 2014 relating to consumption, invoices issued by Regenlab must be paid within thirty (30) days end of month from the date of issue of the invoice for all payments.

LATE PAYMENT

Late payment penalties: In the event of late payment, the Customer shall owe Regenlab late payment penalties without the need for a reminder. In accordance with Article L. 441-6 of the French Commercial Code, the penalty rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points. Flat-rate penalty: A flat-rate penalty for collection costs of €20.00 per invoice not paid by the due date will be payable in addition to any default interest incurred.

PROOF AND ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L 134-2 of the French Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT’s request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

TRANSFER OF OWNERSHIP

All PRODUCTS remain the property of Regenlab until the price has been paid in full, i.e. the actual receipt of payment and not the delivery of a document creating an obligation to pay. In the event of payment by instalments, full payment of the price is only made once all instalments have been paid.

All PRODUCTS remain the property of Regenlab until full payment of the price, i.e. the actual collection of the payment title and not the delivery of a title creating an obligation to pay. In the event of payment by instalments, full payment of the price is only made once all instalments have been paid. The transfer of risks (theft, loss, deterioration or destruction) to the Customer or a third party designated by the Customer takes place upon delivery or, in the case of delivery to a carrier, upon delivery of the PRODUCTS to the carrier

DELIVERY

The terms of DELIVERY of the PRODUCTS are set out in the «Delivery Policy» referred to in Appendix 1 hereto.

PACKAGING

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.

WARRANTIES

The warranty period for the Products corresponds to the expiry date of the Products for medical devices.

The warranty period begins on the date shown on the invoice. Photos of Products are non-contractual. The Customer benefits from the legal warranties regarding conformity and hidden defects, in accordance with the legal provisions in force.

WARRANTY OF CONFORMITY

Article L.211-4 of the French Consumer Code: «The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility.»

Article L.211-5 of the French Consumer Code: To conform to the contract, the goods must: Be fit for the purpose normally expected of similar goods and, where applicable :

– Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer:

– To present the qualities that a BUYER may legitimately expect in view of the public statements made by the SELLER, by the producer or by his representative, in particular in advertising or labelling; The SELLER is bound to deliver a PRODUCT that conforms, i.e. that is fit for the use expected of an identical good and corresponds to the description given in the catalog. This conformity also implies that the PRODUCT presents the qualities that a BUYER may legitimately expect in view of the public statements made by the SELLER, including in advertising and on labelling. In this context, the SELLER may be held liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to the SELLER or has been carried out under the SELLER’s responsibility. Any action resulting from a lack of conformity is barred after two (2) years from delivery of the PRODUCT (Article L.211-12 of the French Consumer Code). In the event of lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT’s choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address :

Regenlab France
2 avenue de Laponie
91940 Les Ulis

Lastly, the CLIENT is exempted from having to prove the existence of a defect in the conformity of the PRODUCT during the six (6) months following delivery of the good. It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.

WARRANTY AGAINST DEFECTS

The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which so diminish this use that the CLIENT would not have purchased it, or would have paid a lower price for it, had he known of them (Article 1641 of the French Civil Code). This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, or reimbursement of part of its price if the PRODUCT is not returned. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CLIENT to the following address:
2 avenue de Laponie
91940 Les Ulis T

The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years of the discovery of the defect (Paragraph 1 of Article 1648 of the French Civil Code).

LIABILITY

The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER. The SELLER may not be held liable or considered as having failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

PERSONAL DATA

The SELLER will not transfer its customers’ personal data or make them available to third parties in any form whatsoever, with the exception of its subcontractors, who will use them on an ad hoc and confidential basis. This data is processed by the SELLER in strict compliance with applicable laws and its privacy policy.

The collection of nominative information concerning the Customer within the framework of the execution of this commercial relationship may be subject to computerized processing. The information requested is compulsory and necessary for the creation of the customer’s customer file, which is essential for the start of a commercial relationship. The data collected is intended for use by our company’s commercial and financial departments, and may also be communicated to any third-party partners, for commercial and/or statistical purposes, within the European Union. This information will be kept at least for the duration of the commercial relationship and up to 10 years after the end of the collaboration.

In accordance with the European Data Protection Regulation (RGPD), you may exercise your right of direct access to data concerning you, have it rectified, have it deleted, object to its use, obtain the limitation of processing using it or obtain a portable copy to another organization by contacting: RegenLab France or by writing to the email address : compliance@regenlab.com

You may also lodge a complaint with a supervisory authority concerning one or more personal data processing operations carried out in connection with the collection of nominative information concerning the Customer.

CLAIMS

For all complaints relating to the PRODUCTS, the purchaser may contact the Regenlab France sales representative, contact Regenlab France by e-mail at or by post at the following address:

Regenlab France
2 avenue de Laponie
91940 Les Ulis
cosmetovigilance@regenlab.com

It is the CLIENT’s responsibility to check the number and condition of the PRODUCTS on receipt and, in the event of damage or shortages, to make the usual reservations with the carrier and inform the SELLER by letter within 7 days of receipt (keeping the invoice and signed delivery note). The SELLER will then provide the CUSTOMER with identical replacement PRODUCTS.

VALIDITY OF GENERAL TERMS AND CONDITIONS

Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these terms and conditions, shall not affect the validity of these terms and conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these terms and conditions.

Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.

MODIFICATION OF TERMS AND CONDITIONS

These terms and conditions apply to all purchases. The general terms and conditions are dated precisely and may be modified and updated by the SELLER at any time. The general terms and conditions applicable are those in force at the time of the order. Changes to the terms and conditions will not apply to PRODUCTS already purchased.

JURISDICTION AND APPLICABLE LAW

These terms and conditions and the relationship between the CLIENT and the SELLER are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction. However, prior to any recourse to an arbitral or state court, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity. The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If the parties fail to reach agreement within fifteen (15) days, the dispute will be submitted to the competent court designated below: Tribunal d’instance d’Evry, 1 rue de la patinoire 91001 Evry-Courcouronnes. Throughout the negotiation process and until its conclusion, the parties undertake to refrain from taking any legal action against each other in respect of the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.

APPENDIX 1 - DELIVERY POLICY

DELIVERY ZONE

The PRODUCTS offered can only be delivered within the TERRITORY defined in the DEFINITIONS paragraph. It is impossible to place an order for any delivery address outside this TERRITORY. PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
Deliveries will be made within a maximum of seven (7) days.

TERMS OF DELIVERY

The parcel will be delivered to the CLIENT at the times indicated by the CLIENT. In the event of absence, a delivery notice will be left, allowing the CLIENT to choose a new delivery date within 6 working days, or to collect the parcel the following day at 3pm from the relay point indicated on the delivery notice. If no choice is made, the package may be collected by the CLIENT within 15 days.

DELIVERY PROBLEMS

The risks are borne by the purchaser from the moment the PRODUCTS leave the SELLER’s warehouse.

In the event of delay, damage or shortage of Products, the Customer must make the usual reservations, notably on the delivery note or any equivalent document, and confirm them in writing to the carrier within three (3) days of receipt of the Products by registered letter with acknowledgement of receipt, with a copy to Regenlab (article L.133-3 of the French Commercial Code). After this period, no further claims will be accepted.

In the event of non-conformity of the Products delivered in accordance with the order, any complaint by the Customer must be made in writing, at the latest within seven (7) days of receipt of the Products. Once this period has elapsed, the Products delivered will be deemed to conform to the order, and Regenlab will not consider any claim in this respect. It is the Customer’s responsibility to provide proof of any non-conformity. Any delays in delivery shall not entitle the Customer to cancel the order, to make deductions, to refuse the Products or to claim damages, penalties or indemnities.

Regenlab cannot be held liable for late or non-delivery.

OBLIGATIONS RELATING TO REGULATION (EC) NO 1223/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF NOVEMBER 30, 2009 CONCERNING COSMETIC PRODUCTS :

Article 1 Scope and purpose

This Regulation lays down rules with which any cosmetic product made available on the market must comply in order to guarantee the functioning of the internal market and to ensure a high level of human health protection.

Article 5 Obligations of responsible persons: 1. responsible persons shall ensure compliance with articles 3, 8, 10, 11, 12, 13, 14, 15, 16, 17 and 18, article 19, paragraphs 1, 2 and 5, and articles 20, 21, 23 and 24.

2. Responsible persons who consider or have reason to believe that a cosmetic product which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective measures to bring it into conformity, withdraw it or recall it, as appropriate. Furthermore, if the cosmetic product presents a risk to human health, the responsible persons shall immediately inform the competent national authorities of the Member States where they made the product available and those of the Member State where the product information file is made available, giving details, in particular, of the non-compliance and the corrective measures taken.

3. Responsible persons shall cooperate with these authorities, at the latter’s request, concerning any measures aimed at eliminating the risks posed by cosmetic products which they have made available on the market. In particular, responsible persons shall provide the competent national authority, at its reasoned request, with all the information and documentation necessary to demonstrate compliance with the specific aspects of the product, in a language easily understood by the said authority.

DISTRIBUTOR OBLIGATIONS

1. In the course of their activities, when making a cosmetic product available on the market, distributors shall act with due diligence with regard to the applicable requirements.

2. Before making a cosmetic product available on the market, distributors shall check that:

– the labelling includes the information specified in Article 19(1)(a), (e) and (g) and Article 19(3) and (4),

– the language requirements laid down in Article 19(5) are complied with,

– the date of minimum durability specified, where applicable, in accordance with Article 19(1) has not been exceeded.

3. Where distributors consider or have reason to believe: – that a cosmetic product is not in conformity with the requirements laid down in this Regulation, they may make the product available on the market only after it has been brought into conformity with the applicable requirements, – that a cosmetic product which they have made available on the market is not in conformity with this Regulation, they shall ensure that the necessary corrective measures are taken to bring the product into conformity, withdraw it or recall it, as appropriate. In addition, if the cosmetic product presents a risk to human health, distributors shall immediately inform the responsible person and the competent national authorities of the Member States where they made the product available, giving details, in particular, of the non-compliance and the corrective measures taken.

4. Distributors shall ensure, where a product is under their responsibility, that storage or transport conditions do not compromise its compliance with the requirements of this Regulation.

Post-market surveillance: The Customer must communicate to Regenlab any data relating to the quality, performance or safety of the Regenlab products sold, even if the event identified has not generated a risk for the health of the user or third parties.

Traceability: In addition, in the event of a possible recall of Regenlab’s products, the latter would require the Customer’s collaboration to transmit the information to the end customer for a period of ten (10) years.

The Customer must also provide a register including the traceability of all the products delivered by him for a period of ten (10) years or for the entire duration of the use of the device.

Advertising: The Customer, if he creates advertising media concerning the products supplied, must request validation of these from Regenlab.

OBLIGATIONS OF THE CUSTOMER

The Customer is not authorized to:

– make available on the market the cosmetic products supplied by Regenlab under its own name, under its corporate name or brand,

– modify the destination of cosmetic products, and

– modify the cosmetic products supplied in such a way that this may affect the compliance of the device with the regulations in force.

Any promotion in connection with the Products must strictly comply with the legislation

The complete science for pre & post care skin treatments