General conditions of sale
ARTICLE 1 – LEGAL NOTICES
This site, accessible at the following URL: crusoe-moustique.com (the "Site"), is published and operated by the company LABORATOIRES BIOPROTECTION, a simplified joint stock company with capital of €14,444.4, registered with the Nanterre Trade and Companies Register under number 894 657 980, whose head office is located at 20 bis, rue Barthélémy Danjou - Boulogne-Billancourt (hereinafter referred to as the "Operator"). The Operator's individual VAT number is: FR54894657980. The Site is hosted by the IONOS server.
The Operator can be contacted at the following email address: bonjour@crusoe-moustique.com
ARTICLE 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS OF SALE
The general terms and conditions of sale (the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website. The GTC are made available to customers on the Website where they can be consulted directly and can also be communicated to them upon simple request by any means. The GTC are binding on the customer who acknowledges, by checking the box provided for this purpose during the ordering process, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
ARTICLE 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for products associated with protection against mosquito bites (hereinafter the "Product(s)") open to any natural or legal person using the Site (the "Customer"). The Products presented on the Site are each the subject of a description (prepared by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics and their precautions for use. The Customer is invited to respect them and the Operator cannot under any circumstances be held liable for damages of any nature resulting from non-compliant use of the products sold on the site.
The photographs illustrating, where applicable, the products do not constitute a contractual document. The Products comply with the requirements of French law in force. The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain his responsibility. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site. The Customer acknowledges having verified that the computer configuration he uses is secure and in working order.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to accurately represent the colours, we cannot guarantee that the colour representation on your computer accurately reflects the colour of the Products. Your Products and their packaging may vary slightly from these images.
ARTICLE 4 – INFORMATION TRANSMITTED BY THE CUSTOMER
The Customer undertakes, when communicating the information necessary for placing his order, to provide real, accurate and up-to-date information at the time of entering it in the order form, and in particular not to use false names or addresses, or names or addresses without authorization. The Customer further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its exclusive fault.
ARTICLE 5 – ORDERS
The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stocks. If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer may choose:
• Either to obtain delivery of the Product within the new deadline announced by the Operator;
• Either, to obtain reimbursement of the price of the Product ordered no later than thirty (30) days from payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it. With the exception of any contrary mention appearing in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to his basket by indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the T&Cs then in force before accepting them and to confirm the terms and any delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the T&Cs and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is sent to the Customer when the order is sent. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address provided by the Customer when placing the order.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
• The Customer does not comply with the General Terms and Conditions in force at the time of the order;
• The Customer's order history shows that amounts remain due under previous orders;
• One of the Customer’s previous orders is the subject of a dispute currently being processed;
• The Customer has not responded to a request for confirmation of his order that the Operator sent to him.
The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address bonjour@crusoe-moustique.com, the Operator will provide the Customer with a copy of the contract that is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery.
The Customer declares that he has full legal capacity to enter into a commitment under the General Terms and Conditions.
ARTICLE 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means. Orders can be paid online using the payment solutions available on the date the order is placed.
The Customer's order is recorded upon acceptance of payment by the payment platform used by the Customer.
As part of the control procedures, the Operator may be required to ask the Customer for all the documents necessary to finalize its order. These documents will not be used for any other purposes than these.
ARTICLE 7 – PAYMENT OF THE PRICE
The price of the Products in effect at the time of the order is indicated in euros including all taxes (TTC) excluding delivery and transport costs or international taxes. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.
Delivery costs are added to the price of the Products and indicated separately before the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Payment is made through the Stripe payment platform. Accepted bank cards include, but are not limited to, those of the Visa, Eurocard / MasterCard and American Express networks. Payment for the Products and all applicable delivery charges is made in advance.
ARTICLE 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time the Customer sends confirmation of their order.
The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it using the "double-click" technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it, then he acknowledges accepting the General Conditions of Sale before clicking on the button relating to payment, finally he validates his order after having filled in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
ARTICLE 9 – RETENTION OF TITLE
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
ARTICLE 10 – SHIPPING AND DELIVERY
We deliver to addresses in Belgium and France.
If you order Products from our website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes applied when the delivery reaches its destination. Please be aware that we have no control over these charges and cannot predict their amount.
You will be responsible for paying any import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all laws and regulations applicable to the country where the Products are to be delivered. We disclaim any liability if you violate any law.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The shipping costs are those specified when finalizing the order and are accepted by validating the order. Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the initially announced time, the Operator will send an email indicating the new delivery date to the Customer. The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip or possibly refuse delivery of the Product depending on the nature of the defect found. No complaints about the quantity or external condition of the Product will be accepted if the complaint has not been noted on the delivery slip.
ARTICLE 11 – RIGHT OF WITHDRAWAL
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form sent on request to bonjour@crusoé-moustique.com. and to specify his request with details of the order to help us identify it. The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.
The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
• name, geographic address, telephone number and email address;
• decision to withdraw by means of an unambiguous statement (for example, letter sent by post or email as long as these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form shown above but this is not obligatory.
The return costs are the responsibility of the Customer. The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused. In addition to the returned Product, the return package must also contain (i) the delivery note inserted in said package and sent to the Customer by email specifying the exact and complete contact details (name, first name, address) of the Customer and the order number and (ii) the original purchase invoice.
The Operator will reimburse the Customer for the amount paid for the Product within fourteen (14) days from receipt of the Product and all elements enabling the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the Operator's wishes.
By accepting the General Terms and Conditions, the Customer expressly acknowledges having been informed of the withdrawal procedures.
ARTICLE 12 – FORCE MAJEURE
The Operator shall not be held liable in the event of non-performance or delay in the performance of any of its obligations due to a case of force majeure, within the meaning of Article 1218 of the Civil Code. The following are considered cases of force majeure: epidemics, national strikes, roadblocks, production stoppages or disruptions in the supply of electricity or goods due to a cause not attributable to the Operator. Where applicable, the Operator shall inform the Customer as soon as possible of the occurrence of such an event, and the order shall be suspended for the duration of the events in question. If the event were to last more than one (1) month from the date of its occurrence, the Operator shall ask the Customer what he or she wishes to do with his or her order, namely to obtain a refund for the latter or to wait for the latter to be shipped.
ARTICLE 13 – CUSTOMER SERVICE
The Customer can contact the Operator by email at the following email address: bonjour@crusoe-moustique.com indicating his name, telephone number, the subject of his request and the number of the order concerned.
We will exchange or replace Products damaged in transit and/or containing a manufacturing defect or which do not conform to their description for a period of 15 days, and provided that you have informed us within 4 days of discovering the damage, manufacturing defect or conformity.
If you wish to return a product that is damaged or not as described, please log in to your account, select the return option and complete the associated form.
This clause does not apply if the defect in the products arises from normal wear and tear, wilful damage, poor conditions of use, accident or negligence of use by you or a third party, or any alteration or repair by you or a third party.
We supply the Products for domestic and private use only. You agree not to use the Product for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
ARTICLE 14 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is, as the case may be, the owner and/or holder of exploitation and/or usage rights relating to all elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis. In this sense, the Customer is solely responsible for any unauthorized use and/or exploitation.
ARTICLE 15 – RESPONSIBILITY
The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of the General Terms and Conditions and for the direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred for its defense.
As your customer, we are legally obliged to supply Products that comply with this Agreement. As a customer, you have statutory rights in respect of Products that are faulty or not as described.
The Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
ARTICLE 16 – CUSTOMER SERVICE
Complaints should be addressed to customer service at the following contact details or via our contact form.
• email address: bonjour@crusoe-moustique.com
• postal address: LABORATOIRES BIOPROTECTION - 20 bis, rue Danjou - 92100 Boulogne-Billancourt
ARTICLE 17 – PERSONAL DATA
For more information regarding the use of personal data by the Operator, the Customer is advised to carefully read the privacy policy (the “Privacy Policy”). This Privacy Policy can be consulted at any time on the Site.
ARTICLE 18 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
The GTC constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of the GTC are declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions will retain their full force and scope. Furthermore, the fact that one of the parties to the GTC does not invoke a breach by the other party of any of the provisions of the GTC cannot be interpreted as a waiver on its part to invoke such a breach in the future.
CHANGES TO CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as the General Terms and Conditions, at any time and without notice. The Customer is therefore required to refer to the General Terms and Conditions before using the Site. The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards him or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print the GTC for safe and long-term storage, and thus to be able to invoke them at any time during the execution of the contract if necessary.
APPLICABLE LAW
These T&Cs are governed, interpreted and applied in accordance with French law.
19 - ACCEPTANCE OF THE GTC BY THE CUSTOMER
The Customer acknowledges having carefully read the T&Cs. By placing an order, the Customer confirms having read the T&Cs and accepts them, making him contractually bound by the terms of the T&Cs. The T&Cs applicable to the Customer are those available on the date of the order, a copy of which dated on that day may be provided to the Customer upon request. It is therefore specified that any modification of the T&Cs that would be made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.
20 - ADEME
Unique identifier number of the ecological transition agency (ADEME): FR217566_01OJHM
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