GENERAL SALES CONDITIONS SURGILAB ® S.A.S. AND SIGNS LOGIVEA ® PROFILCARE ® BELLERMA ® PRODUCTS - SERVICES - ADVICE

Preamble:

SURGILAB® S.A.S. distributes products related to sports, sun protection, textiles and accessories (hereinafter "Products").

ARTICLE 1 - Application of the GSC

These General Sales Conditions (hereinafter the "General Conditions" or GSC) detail the rights and obligations of SURGILAB® S.A.S. and any BUYER who has ordered Products, subject to specific derogatory conditions expressly negotiated and stipulated in writing between SURGILAB® S.A.S. and the BUYER.
These GTCS have priority over all agreements or contrary provisions, with the exception of specific conditions expressly negotiated and accepted by each party. These GTCs cancel and replace any previous general terms of sale that could have governed the relations between the parties.
These terms and conditions apply in all territories where SURGILAB® S.A.S. products are sold.

ARTICLE 2 - Orders

All orders must be made from the order form provided for this purpose by SURGILAB® S.A.S. or on the forms of the professional or public pages of the websites: "www.duprod.es" or "www.dermaswing.es" by informing the data for this purpose

ARTICLE 3 : Price of Products

The prices of the Products sold are those in force on the day of ordering, as indicated in the order form signed by the BUYER or on the forms of the websites at the time of purchase. The prices are indicated in euros, shipping and packing costs are indicated on the order forms at the time of the order. Free shipping applies depending on the nature of the items and quantities that are ordered.

ARTICLE 4: Terms and conditions of payment

Invoices are issued by SURGILAB® S.A.S. on the date of shipment of the goods. The ordered products are payable by the BUYER before shipping. For the regular professional BUYER, specific conditions can be established. Payments will be made by bank transfer, by credit card on the websites "www.duprod.es" or "www.dermaswing.es" or on the electronic payment terminal of SURGILAB® S.A.S..
With regard to professional BUYERS from the day following the date of payment of invoices and in the absence of spontaneous payment of the invoice, SURGILAB® S.A.S. will apply by right and without it being necessary to put in residence, penalties of the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10%. In addition, SURGILAB® S.A.S. may require the payment of a lump sum of € 40, corresponding to the recovery costs, without prejudice to any other action that SURGILAB® S.A.S. may present against the BUYER. In case of non-payment of an invoice, SURGILAB® S.A.S. reserves the right to demand the return of the unpaid Products to the exclusive charge of the BUYER.

ARTICLE 5: Transfer of ownership / transfer of risk / conservation of property

The transfer of ownership of the Products, for the benefit of the BUYER, will be made only after the total payment of the price by the latter, whatever the date of delivery of said Products. In case of complaint, the BUYER undertakes to allow the identification of the products in his possession at any time, it being understood that the Products in stock will be considered as corresponding to the unpaid Products. The BUYER will be responsible for any measure that can guarantee the fulfillment of the obligations arising from these Terms. SURGILAB® S.A.S. reserves the right, in case of violation of the obligations subscribed, to request the immediate return of the Products. The transfer to the buyer of the risks of theft, loss or deterioration of the products is effective from the delivery and until the total payment or the return of all products at the time of delivery in the premises of SURGILAB® S.A.S..

ARTICLE 6: Delivery - Complaint

Delivery is made to the place indicated by the BUYER in the order form or on the website (s). In case of late delivery of more than 30 days from the date indicated by SURGILAB® S.A.S. the BUYER, may request the cancellation of the order form, unless the delay in delivery is due to events beyond the control of SURGILAB® S.A.S. such as the strike, the temporary stoppage of production, the difficulty of supplying the materials, the failure of its suppliers, the interruption of the carriers, the fire, ... or more generally, in the occurrence of cases of major forces beyond the control of SURGILAB® S.A.S., defined by law or jurisprudence. If one or more of the cases mentioned above impede the delivery of the products ordered, the order can be canceled by simply notifying the buyer of the impossibility of SURGILAB® S.A.S. to deliver the requested products.
Depending on the products, the quantities, the destinations, the orders can be postage free or not. The price of delivery and packaging are specified at the time of order. For urgent deliveries, an amount of specific will be studied on a case by case basis. For shipments outside the European area, transport prices will be specified in the price offer given to the customer. In case of particular requests of the BUYER regarding the conditions of packing or transport of the ordered Products, duly accepted in writing by SURGILAB® S.A.S., the related expenses will be subject to an additional specific invoicing. At the time of delivery, the BUYER must verify the apparent status of the Products and sign the receipt presented by the carrier and link to this document the exact details of any deterioration that may have been found on the packaging and / or products. In the absence of reservations expressly made by the BUYER at the time of delivery, Products delivered by SURGILAB® S.A.S. will be deemed to comply with the quantity and quality of the order. The BUYER has a period of 3 days from delivery and receipt of the Products ordered to issue, in writing, said reserves to the carrier and SURGILAB® S.A.S.. No claim can be validly accepted in case of non-compliance by the BUYER with the aforementioned procedures. SURGILAB® S.A.S. will replace the non-compliant Products delivered as soon as possible, the failure of which has been duly verified at the reception.

ARTICLE 7: Traceability and storage

The professional BUYERS undertake to respect the specific requirements of storage and traceability related to the Products. Protective products should be stored between minimum and maximum storage temperatures (minimum 10 degrees, maximum 25 degrees).

ARTICLE 8: Responsibility for the use of the product

The responsibility of SURGILAB® S.A.S. can not be engaged in the case where the sold Products have been stored under abnormal conditions or incompatible with their nature. They can not under any circumstances be reconditioned for sampling purposes. Samples can not be sold.

ARTICLE 9: Advertising and Material Media

All advertising material (posters, screens, etc.) and consumer information material, which are provided free of charge to the BUYER, are and remain the property of SURGILAB® S.A.S., including the intellectual property rights relating thereto. SURGILAB® S.A.S. reserves the right to remove them from points of sale. The professional BUYER will keep the advertising material that will no longer be used so that SURGILAB® S.A.S. can recover it. It can only be destroyed by the BUYER after having received authorization from SURGILAB® S.A.S..

ARTICLE 10: Acceptance of the BUYER

These Conditions are expressly accepted by the BUYER, who declares and acknowledges having perfect knowledge of them, and consequently waives any other contradictory document, such as, for example, his own general conditions of purchase.

ARTICLE 11: Product resale price

It is recalled that the professional BUYER freely establishes the resale prices of the Products in accordance with the laws and regulations in force.

ARTICLE 12 - Applicable law, jurisdiction and independence of these clauses

These conditions are subject to French law. Any dispute, claim must be notified in writing to SURGILAB® S.A.S. within the time limits indicated in these terms and conditions or in the law, and failing that, as soon as possible. Any dispute resulting from the conclusion, the execution, the violation or the interpretation of these GSC is the competence of the Commercial Court of Bayonne, whatever the place of delivery, the mode of payment accepted and even in case of collateral appeal or multiple defendant. For this purpose, the non-commercial BUYERS expressly waive the jurisdiction of the Superior Court. If one or more stipulations of these terms and conditions were deemed null and void or declared as such for the purposes of the applicable law and following the final judicial decision, the other stipulations would continue to apply.