1.1 French Advanced Medicine is a French société par actions simplifiée, organized and operating under the laws of France, with a share capital of 62,500 euros, having its registered office located at 3 Place Giovanni Da Verrazzano, 69009 LYON (France), incorporated with the Registry of Trade and Companies of Lyon under the number 812 704 617 (hereinafter “French Advanced Medicine”). Its business includes the supply of services to put in contact foreign patients with French healthcare facilities in order to facilitate the access of such patients to healthcare services provided by such facilities.
1.2 French Advanced Medicine offers and supplies the services (hereinafter the “Services”), as detailed on its websitewww.frenchadvancedmedicine.com, exclusively to natural or legal persons and who act for purposes which are outside the business or profession they may be engaged in (hereinafter the “Customers”).
1.3 The Services include, but are not limited to:
– Putting the Customer in contact with healthcare facilities located in France (hereinafter the “Healthcare Facilities”) and/or healthcare professionals in France (hereinafter the “Healthcare Professionals”) to receive medical treatments or a second-opinion diagnosis;
– Establishing contacts and/or organizing the collaboration with service providers (hereinafter the “Providers”) to provide the Customer with various services during his stay in France (e.g. hotel booking, provision of chauffeured vehicles, provision of interpreters, restaurant booking, delivery of meal trays, etc.).
1.4 Considering the business of French Advanced Medicine and the Services that it provides, the Customer expressly acknowledges that French Advanced Medicine:
– IS NOT A HEALTHCARE FACILITY;
– DOES NOT IN ANY WAY MAKE DIAGNOSES, PRESCRIBE MEDICAL TREATMENTS OR PERFORM ANY SORT OF
MEDICAL OR PARA–MEDICAL ACTS FOR THE CUSTOMERS; acts as a mere intermediary between the Customers and the Healthcare Facilities, Healthcare Professionals and Providers: All the services and interventions proposed and/or performed by the Healthcare Facilities, Healthcare Professionals and Providers to the benefit of the Customers, and/or acquired through the intermediary of French Advanced Medicine shall be governed by the agreements, conventions and/or general terms of the Healthcare Facilities, Healthcare Professionals and Providers, and are the sole responsibility of the latter. The Customer is responsible for reviewing the terms of service and/or the terms of sale of the Healthcare Facilities, Healthcare Professionals and Providers with whom he shall be put in contact, and French Advanced Medicine may under no circumstances be held liable in this respect.
2. Purpose and scope of application
2.1 These general terms and conditions of the provision of services (hereinafter the “General Terms”) set forth the rights and obligations of French Advanced Medicine and the Customer, and shall automatically apply to any Services provided by French Advanced Medicine to the Customer.
2.2 Services are provided exclusively to natural or legal persons and who act for purposes which are outside the business or profession they may be engaged in.
2.3 These General Terms can be consulted simply, freely and at any time at
www.frenchadvancedmedicine.com and/or requested by phone at +33 (0)4 20 10 21 66 , by e-mail at email@example.com by mail to French Advanced Medicine, 3 place Giovanni Da Verrazzano, 69009 LYON – France. In any event, these General Terms are systematically forwarded to the Customer to enable him to place an order for Services.
2.4 Any request for an estimate or order related to the Services implies full and unreserved adherence to these General Terms that will prevail over any other document or information issued by French Advanced Medicine, with the exception of specific conditions that must be previously and expressly agreed upon by French Advanced Medicine.
2.5 French Advanced Medicine reserves the right to amend these General Terms at any time, after having beforehand informed the Customer thereof by any means. In that case, the applicable General Terms shall be those in force as of the date on which the Customer has placed his order for Services.
2.6 In the event any of the clauses set forth in these General Terms is held null and void for any reason whatsoever, the validity of and compliance with the other provisions hereof shall remain unaffected and full enforceable between French Advanced Medicine and the Customer. Failure by French Advanced Medicine or the Customer to exercise the rights granted to it/him hereunder shall under no circumstances operate as a final waiver to assert such rights.
3. Request for information and estimate
3.1 To ask for further information or for an estimate, the Customer may use the following means:
– by phone: at +33 (0)4 20 10 21 66 ;
– by letter to be sent to the following address: French Advanced Medicine, 3 place Giovanni Da Verrazzano, 69009 LYON – France ;
– by email to be sent at the following address: firstname.lastname@example.org ;
– by filling in the online form available at the following page: http://www.frenchadvancedmedicine.com/#!ask-for-a-quote/c24vq
3.2 When requesting an estimate, the Customer must disclose to French Advanced Medicine his personal address, email address and phone number so that French Advanced Medicine can contact him quickly. The Customer warrants that the information provided is accurate and that he has full legal capacity to contract, or if the beneficiary of the Services is a minor, that he is the legal representative of this minor.
3.3 An estimate shall be forwarded to the Customer when all information requested by French Advanced Medicine has been sent to and analyzed by the latter. This estimate will notably include
(i) a description of the Services by French Advanced Medicine and the corresponding prices, (ii) a description of the services and/or interventions proposed by the relevant Healthcare Facilities, Healthcare Professionals and/or Providers and the corresponding prices, (iii) the execution date or deadline of the Services and related services by the relevant Healthcare Facility, Healthcare Professionals and/or Providers and (iv) information concerning the identities and contact details of French Advanced Medicine and the relevant Healthcare Facilities, Healthcare Professionals and/or Providers.
3.4 The Customer must return the accepted estimate, duly dated and signed.
4.1 The Customer’s order for Services shall become final only after French Advanced Medicine has received the accepted estimate, duly dated and signed by the Customer, and, as the case may, a down-payment or a full payment of the sums due, according to the chosen type of service, and as stipulated in the estimate, as the case may be
4.2 French Advanced Medicine shall email to the Customer an order confirmation including a recap of the order for Services, in particular a description of the proposed Services and their prices as well as a description of the services and/or interventions proposed by the relevant Healthcare Facility, Healthcare Professionals and/or Providers and the corresponding prices.
4.3 Any order for Services is subject to the availability of services by the Healthcare Facilities, Healthcare Professionals and Providers. In the event the relevant services are not available, French Advanced Medicine shall contact the Customer and offer alternative solutions as expeditiously as possible. Alternative solutions shall be implemented only after receipt of the Customer’s written consent. In the event no alternative solution is identified or accepted by the Customer within a period of 4 business days, the order for Services may be cancelled. In that case, no indemnity whatsoever may be claimed by the Customer from French Advanced Medicine. In the event the Customer has made a payment to French Advanced Medicine, he shall be reimbursed by French Advanced Medicine, except for any sums that may be kept by the Healthcare Facilities, Healthcare Professionals and Providers as per their general terms. However, if the services by the Healthcare Facilities, Healthcare Professionals and Providers are available but if the Customer does not meet the conditions and the eligibility criteria to have access to these services, the Customer shall not be reimbursed.
4.4 Any change in or cancellation of the order by the Customer is subject to French Advanced Medicine’s express approval. In the event French Advanced Medicine is unable to cancel or amend the Services and related services of the Healthcare Facilities, Healthcare Professionals and
– The price of the Services shall remain payable by the Customer;
– The sums already paid by the Customer shall not be refunded.
5.1 The prices of the Services are in euros, inclusive of taxes. The amount charged to the Customer shall be different from the amount billed by French Advanced Medicine if his account’s currency is not the euro. The amount can change according to the differences between the exchange rates. This price difference cannot be reimbursed. Furthermore, the Customer can be charged transaction fees by his bank for a payment in euros. These fees shall be paid by the Customer.
5.2 The prices of the Services may be adjusted at any time. The price applied to the relevant Service corresponds to the price in force at the time the order for Services is registered.
5.3 No discount shall be granted for early payment.
6. Means of payment and invoicing
6.1 These terms and conditions related to the means of payment and invoicing are applicable unless specific terms and conditions are agreed upon between French Advanced Medicine and the Customer when it is a legal person.
6.2 The Customer may pay for the Services by check, by wire transfer or by credit card directly on the website www.frenchadvancedmedicine.com if the service chosen by the Customer allows it.
6.3 For all Services and related services by the relevant Healthcare Facilities, Healthcare Professionals and/or Providers, the terms of payment and invoicing shall be detailed in the estimate sent to the Customer.
6.4 The Customer shall pay the sums due at the time the estimate for the Services is accepted and signed or according to the conditions stipulated in the estimate.
6.5 Depending on the Services and Healthcare Facilities, Healthcare Professionals and Providers:
– The services associated with the Services shall be paid by the Customer directly to the relevant Healthcare Facilities, Healthcare Professionals and Providers, or
– The payment of the services associated with the Services can be made to French Advanced Medicine that will then pay the corresponding sums to the relevant Healthcare Facilities,
Healthcare Professionals and Providers. The fact that the Customer pays the services of the relevant Healthcare Facilities, Healthcare Professionals and Providers through French Advanced
Medicine does not under any circumstances make French Advanced Medicine liable for the services provided by the latter.
6.6 Any sum due to French Advanced Medicine not paid on maturity date shall automatically bear late interest at the rate of 1.5% per month, without any prior formal payment demand being required in this respect. In case of late payment by the Customer, the order for Services may be cancelled
without any prior formal payment demand being required and without prejudice to any indemnite or legally available recourse.
6.7 French Advanced Medicine reserves the right to refuse providing a Service to a Customer who has not paid all or part of a previous order, or if there is an ongoing dispute over payment.
6.8 French Advanced Medicine reserves the right to sue the Customer for use of, or attempt to use, fraudulent means of payment.
7. Right of withdrawal
7.1 Concerning exclusively the Services ordered by the Customer to French Advanced Medicine, the Customer shall benefit from a right of withdrawal without giving any reason within fourteen (14) days that run from the Services’ order confirmation.
7.2 To exercise the right of withdrawal, the Customer must, before the expiry of the fourteen (14) days period, notify his decision of withdrawal to French Advanced Medicine with a clearly worded statement and send it to the following email address: email@example.com
7.3 Concerning exclusively the services of putting the Customer in contact with Healthcare Facilities or Healthcare Professionals in order to receive a second-opinion diagnosis, the Customer expressly accepts that the execution of the Service starts as soon as the Service’s order is confirmed that is to say before the end of the fourteen (14) days period of withdrawal. The acceptance of the beginning of the execution of this Service is formalized at the moment of the order confirmation. If the Customer exercises his right of withdrawal for the provision of services’ contract whose execution has started, at his express request, before expiry of the withdrawal period, he will be indebted with a sum corresponding to the service provided until the communication of his decision of withdrawal; this amount will be proportionate to the total price of the second-opinion diagnosis service.
7.4 In case of withdrawal from the Customer in the period hereinabove, French Advanced Medicine will reimburse exclusively the amounts paid by the Customer for the Services, without undue delay and, at all events, at the latest fourteen (14) days after it is informed of the Customer’s decision to withdraw. The refund will be done by the same payment method than the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method.
7.5 To all intents and purposes, the Customer expressly acknowledges that the right of with drawalabove-mentioned cannot be exercised (i) for the provision of services fully executed before the end of the withdrawal period and whose execution has started after the Customer’s express prior consent and renunciation of his withdrawal right and (ii) for the provision of accommodation
services, different from residential accommodation, goods transport services, car rental, catering or leisure activities that have to be provided on a given date or period.
7.6 The Customer also expressly acknowledges that the previous provisions of clause 7.1 concern only the Services given by French Advanced Medicine to the Customer. Any possible right of withdrawal (and/or reimbursement of corresponding sums advanced) related to the services or operations proposed and/or performed by the relevant Healthcare Facilities, Healthcare Professionals and/or Providers to the Customers is not concerned by the previous provisions of clause 7.1 and is governed by the applicable legal and/or contractual terms and provisions.
8.1 The Customer acknowledges that French Advanced Medicine is only subject to a best-efforts obligation (obligation de moyens) in connection with the provisions of the Services and that it acts only at the Customer’s request and in accordance with the Customer’s instructions. The Customer is solely liable for the choice of (i) the Services, (ii) the Healthcare Facilities, Healthcare Professionals and Providers who will be acting in relation to the Services, and (iii) the services that are associated with the Services and performed by the Healthcare Facilities, Healthcare Professionals and Providers.
8.2 French Advanced Medicine may not be held liable for any breach of its contractual obligations caused by fortuitous events or force majeure, including, but not limited to, natural disaster, fire, internal or external strike, internal or external breakdown or failure, and, generally, any unforeseeable and irresistible external event that prevents the proper performance of the Services.
8.3 The Healthcare Facilities, Healthcare Professionals and Providers are solely liable for the services they offer and supply to the Customer in connection to the Services. As such, French Advanced Medicine may not be held liable for the information, delayed performance, poor performance or non-performance of the services offered and/or provided to the Customer by the Healthcare Facilities, Healthcare Professionals and Providers.
9. Intellectual property
9.1 All the contents and components of the website of French Advanced Medicine are protected by national and international intellectual property laws. Such contents and components remain the exclusive intellectual property of French Advanced Medicine and/or its business partners who hold the related intellectual property rights. The Customer may not reproduce, exploit, re-publish or use in any manner whatsoever, even partially, any content or component of the website of French Advanced Medicine without the prior written approval of French Advanced Medicine and/or its business partners.
9.2 Any link or hypertext link is strictly prohibited without French Advanced Medicine’s express written approval.
10. Protection of personal data
10.1 Pursuant to the French Data Protection Act (loi n°78-17 relative à l’informatique, aux fichiers et aux libertés du 6 janvier 1978), personal data concerning the Customers may be processed automatically for the purpose of offering the service requested by the Customer. The recipient of the personal data will be one of the Healthcare Facilities that French Advanced Medicine deems the most suitable to meet the Customer’s requirements, and that is on the list of French Advanced Medicine’s partners available at http://www.frenchadvancedmedicine.com/#!hospitals/c1vz2.
10.2 The automated processing of these data has been declared to the French Data Protection Authority (CNIL) under the number 1929004v0. Customers may object to the disclosure of their data and have the right to request access to, rectification and withdrawal of the personal data that concern them, in the conditions laid down by the French Data Protection Act (loi n°78-17 relative à l’informatique, aux fichiers et aux libertés du 6 janvier 1978), by sending their requests to French Advanced Medicine thereof by email at firstname.lastname@example.org or by mail at French Advanced Medicine, 3 place Giovanni Da Verrazzano, 69009 LYON – France.
11. Client service
For any further information or for any potential claim, the Customer may contact French Advanced Medicine by phone at the number +33 (0)4 20 10 21 66, by mail at the following address French Advanced Medicine, 3 place Giovanni Da Verrazzano, 69009 LYON – France or by e-mail at the following email@example.com.
12. Governing law / Jurisdiction clause
12.1 These General Terms shall be governed by the laws of France.
12.2 In case of dispute, if this is specified by law, the Customer may initiate a mediation procedure, notably to the Commission d’évaluation et de contrôle de la médiation de la consommation or to the existing sectoral mediating bodies, or any other form of alternative dispute resolution. If an amicable settlement may not be reached, all disputes related to the Services shall be submitted to the exclusive jurisdiction of French courts, notwithstanding the introduction of third-party defendants and plurality of defendants.