Effective from 01/06/2024
The term “Customer” refers to any purchaser, whether an individual or a legal entity, public or private, acting for purposes within the scope of its commercial, industrial or artisanal activity, including when acting in the name or on behalf of another professional.
These General Terms and Conditions of Sale (GTCS) apply to all services offered by the Service Provider on the extern-design.fr website (hereinafter “the Site”).
The services offered are as follows:
Creation of computer-assisted digital files for the production of partial removable prostheses.
The clauses contained in these GCS are independent of each other, so the nullity of one of the clauses does not lead to the total or partial nullity of these GCS.
The Customer is obliged to take note of the characteristics and specifications of the services presented by the Service Provider. By accepting these GTS, the Customer acknowledges that he has ascertained the suitability of the services ordered for his needs. In this respect, the Customer acknowledges that the choice and purchase of a service are the sole responsibility of the Customer.
Prior to placing an order, the Customer declares that he/she has read the present General Terms and Conditions of Sale and accepts them by checking the appropriate box.
By accepting, the Customer waives the right to claim that he/she was unaware of any of the articles in these GTS.
The Service Provider reserves the right to modify these GCS at any time and without prior notice; the applicable GCS are those in force at the time the order is placed. Amendments to the GTCS shall have evidentiary force if they are established by a written document, known as an “amendment”. An “amendment” within the meaning of the present contract is a written document dated and signed by the parties or their representatives.
In the event of refusal to accept these GTC, the Service Provider will be unable to provide its services.
By placing an order with the Service Provider, the Customer declares that he/she has full legal capacity.
The data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.
The time limits mentioned in these GTC are expressed in working days (i.e. excluding weekends and French public holidays) and begin to run at the start of the first hour of the day following the day of the act, event, decision or notification which causes them to run, and end at the expiry of the last day of the time limit.
After registering on the site, the customer will identify himself with his codes.
The customer is invited to create an account in order to place an order. The customer must then register by filling in the form provided, and undertakes to provide accurate information. The Customer is responsible for updating the information provided, and may modify it by logging into his/her account. The Customer may unsubscribe by going to the dedicated page on his/her personal space, or by sending an e-mail to the following address: . In the event of non-compliance with the GCS, the Site may suspend/close the Customer's account after sending a formal notice by e-mail to which no response has been received.
The customer chooses the work to be carried out by clicking on add to basket (there are three options).
The customer then completes the diagram provided by clicking on the teeth to display the diagram of the desired future prosthesis.
He can enter a code to identify the patient, and if he has any special comments, note them in the space provided.
The information is then validated and the files (in STL format) linked to the work requested are uploaded.
Next, the customer must finalize the job by clicking on submit so that it appears in the shopping cart.
The order will not be considered valid until full payment has been received. The customer is obliged to check the accuracy of the order and to report any errors immediately.
The Service Provider reserves the right to refuse delivery of a service for legitimate reasons, in particular: bad faith on the part of the customer, unavailability of the Service Provider, abnormal demand on the part of the customer, unusable files.
Services will be invoiced on the basis of the rates in force at the time the order is validated by the Customer. Prices are indicated in euros and exclusive of tax when the order is placed, and inclusive of all taxes when payment is made.
An invoice is drawn up by the Service Provider and automatically e-mailed to the Customer when the order is validated.
The price is paid by secure payment as follows:
The price is payable in full by the customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the Site. (Crédit Mutuel)
Payments made by the Customer will not be considered final until the Service Provider has received the sums due.
The Service Provider shall not be obliged to provide the services ordered by the Customer if the Customer does not pay the Service Provider the full price in accordance with the above conditions.
The services ordered by the Customer will be provided as follows:
Services will be provided within 24 to 72 hours.
If the services have not been provided within the agreed timeframe, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set out in articles L.216-1, L.216-2 and L.216-3 of the French Consumer Code if, after formal notice to the Service Provider to provide the services within a reasonable additional timeframe, the latter has not complied within this timeframe. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The customer has a period of 14 days to retract from the day following the order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the first working day.
The right of retraction can be exercised by e-mail using the attached retraction form (appendix) to be sent by e-mail to the following address: admin@extern-design.fr
Reimbursement will be made within 14 days of receipt by the Service Provider of the Customer's notice of withdrawal.
However, the right of withdrawal does not apply to the supply of clearly personalized goods, nor to digital content supplied on an intangible medium whose performance has begun before the end of the withdrawal period with the express consent of the Customer, and where the Customer has acknowledged that he will lose his right of withdrawal.
By accepting these GCS, the Customer expressly waives his right of withdrawal for services whose execution has begun before the end of the withdrawal period.
The legal guarantee of conformity, consisting of a guarantee that a consumer can claim against possible defects in a product from a professional seller and covering digital products, is applicable to contracts for the sale of goods concluded between professionals and consumers or non-professionals and not to those concluded between professionals.
The services provided by the Service Provider are covered by the legal warranty against hidden defects as defined in article 1641 of the French Civil Code. The Customer must inform the Service Provider by e-mail, to the e-mail address indicated in article 1 of these General Terms and Conditions, of the existence of any hidden defects. Warranty claims for latent defects become statute-barred after 2 years from the date of discovery of the defect.
In the event of a latent defect, the Customer may choose between returning the item and having the price refunded, or keeping the item and having part of the price refunded.
The elements supplied by the Service Provider as part of its service (documents, images, videos, etc.) are the intellectual property and copyright of the Service Provider. Any total or partial reproduction of this content, modification or distribution, without the express prior agreement of the Service Provider, is strictly prohibited and may constitute an infringement of copyright.
Force majeure is an external, unforeseeable and irresistible event. Any event beyond the control of the Service Provider, which could not reasonably have been foreseen at the time of acceptance of these GTC, the effects of which cannot be avoided by appropriate measures and which prevents the Service Provider from fulfilling one or more of its obligations, is considered to be a case of force majeure. The Service Provider shall notify the Customer by any means and inform him of the consequences of this event. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
For further information on the processing of the Customer's personal data, please refer to the privacy policy accessible on the Site, which must be accepted by the Customer prior to any transmission of a personal data collection form, by ticking the box provided for this purpose.
These terms and conditions are governed by and construed in accordance with French law. Any dispute between the parties relating to this contract, including its interpretation, formation, performance and termination, shall be submitted to the competent courts under the conditions of common law. In the event of translation of these GCS into one or more foreign languages, the French text shall prevail in the event of litigation.
For all complaints, please contact the Customer Service Department at the e-mail address of the Service Provider indicated in article 1 of these GTCS.
All disputes arising from the purchase or sale transactions concluded in application of these GTS and which have not been settled amicably between the Service Provider and the Customer, or by mediation, will be submitted to the competent courts under the conditions of common law.