1. Subject

 

These general conditions of sale set out the rights and obligations of FAME Santé Health and its clients in the sale of services presented on the website www.fame-sante.com. 

All services performed by FAME Santé Health implies acceptance without reservation of the buyer to these terms of sale.

These Terms and Conditions were last updated on September 4, 2013.

2. Definitions

 

"Customer" means any natural person who consults, takes note, books, orders and buys a service offered on the website.

"Service" means any service offered on the website.

3. Terms and Conditions

 

3.1 Overview of services

 

FAME Santé activities include:

• Linking the Customer with health care facilities, doctors and surgeons.
• Linking the Customer with travel agents, airlines, hotels, restaurants, service providers….
• Assisting the Customer in organizing their medical trip: administrative procedures and logistics.

 

The Customer acknowledges that, prior to the acceptance of these General Conditions of Sale, they have been informed that:

FAME Santé is not a medical facility nor is it intended to practice medicine or provide any medical or paramedical orders. All services provided by health care facilities are the responsibility of the latter as well as that of the practitioners who are involved.

The health care facilities provide services in accordance with their own terms and conditions. Some of FAME Santé’s conditions may limit or exclude all or part of the responsibility of the health care facilities to their customers. In particular, these terms and conditions may exclude any liability for death, personal injury or medical malpractice. It is the responsibility of the undersigned Customer to read any terms and conditions of the health care facilities before committing.

Any document or any agreement made with a health care facility cannot be the responsibility of FAME Santé.

FAME Santé is not a travel agent under the provisions of Articles L.212-1 and the French Code of Tourism and is not intended to be. All services provided by third parties are not FAME’s responsibility.

 

3.2 General Provisions

 

3.2.1 Entire Agreement

The parties agree that their relations will be exclusively governed by this contract, excluding any condition previously available on the site with the exception of the legal notice and the Terms & Conditions of Use which will remain in force and form an indivisible whole with these.

3.2.2 Modification of contract

No subsequent document, no modification of the contract regardless of the form shall be effective between the parties without taking the form of an endorsement dated and signed by them.

3.2.3 Nullity

If any provision of this contract shall be invalid under a rule of law or a court decision becomes final, it would be deemed null and void, without invalidating the contract or altering the validity of the remaining provisions.

3.2.4 Waiver

The fact that one or the other party does not claim the application of any provision of the contract or acquiesces in its breach, either permanently or temporarily, shall not be construed as a waiver by that party rights arising for it from that clause.

3.2.5 Applicable law and disputes

These conditions are subject to French law. The competent court in case of a dispute concerning the interpretation or execution of this contract will be, Paris- France, the location of the headquarters of PROFEEL Group.

3.3 Orders

 

The Customer shall place an order online for all services on the website.

In order for a request to be properly registered on the website, the Customer must identify themselves by registering and logging on the website with a username and password, which are strictly personal to them.

FAME Santé is committed to fulfilling orders received on the website only to the extent of availability of services and those of our partners. In the absence of availability of the service, FAME Santé will inform the Customer of its inability to fulfill the relevant request.

The Customer confirms their order with the button "Confirm your order" at the bottom of the "Summary of your order" page after accepting these terms and conditions of sale. Before this validation, it is routinely offered to the Customer to check each element of the order, so they can correct any errors.

FAME confirms the order by e-mail; it includes all elements of the order.

The data recorded by FAME Santé constitute proof of the nature, content and date of the order. This is archived by FAME Santé in the conditions and legal deadlines; the Customer may access this filing by contacting the Customer Relations.

3.4 Quote

 

Following the request for a quote, an advisor will contact the customer within 48 hours to discuss the request and provide the services that best suit their needs.

After this first step, the counselor will provide the Customer with a free initial estimate of the time and cost of service.

A custom quote will be determined once all the information (including medical) are communicated and reviewed by a medical consultant.

The acceptance of the quote will remain dependent on the appreciation and is the responsibility of the Customer.

A service may begin upon receipt of the accepted quote, signed and dated by the Customer.

 

3.5 Prices

 

FAME Santé reserves the right to change prices at any time without notice. These changes may be due to a change in the rates established by the health care facility and / or Service Providers. However, the services ordered are charged at prevailing prices at the time of the order.

Prices become final upon signature by the Customer of an agreed estimate defined in consideration of their specifics.

Prices are indicated in euro all taxes included. They take into account the VAT applicable on the day of the order. These prices do not include fees and taxes not specifically mentioned.

No discount will be given for early payments.

 

3.6 Payment

 

The Customer may pay for purchases:

• Online with a Credit Card (Visa, Mastercard)
• By bank transfer

 

Depending on the service, the customer must:

• Pay the full amount due before the start of the service; that is to say at the time of the order or the acceptance and signature of the quote (E-consultation, All Inclusive Packs).
• Pay a deposit of 50% of the amount due upon acceptance and signature of the quote, 30% of the amount due 15 days before the completion of the service, and the balance (20%) within 10 days after the end of the service (Customized medical travel, Flying Doctors, Air Ambulances).

 

3.7 Late payment

 

Should payment be delayed, the buyer must pay FAME Santé a late penalty equal to 1.5 times the legal rate of interest. The legal rate of interest used is that in effect on the due date.

This penalty is calculated on the amount of duty remaining amount due, and shall run from the date of expiry of the price without any prior notice is required.

In accordance with Articles 441-6 and D. 441-5 of the Commercial Code, any late payment causes of right, in addition to late fees, an obligation of the debtor to pay a lump sum of € 40 for collection costs.

Additional compensation may be claimed on evidence, where the cost of collection incurred exceeds the amount of the lump sum.

 

3.8 Cancellation

 

Any cancellation by the Customer of this contract will result in the following payments:

For the Customized Medical Travel, Flying Doctors, Air-Ambulance services:

• In the event of cancellation by the Customer more than 15 days before the date set for service fulfillment, the amount paid for the validation of the estimate (50% of the total) will be retained by FAME.
• In the case of cancellation by the Customer less than 15 days before the date set for service fulfillment, the Customer shall pay all sums due to FAME Santé. This amount will not be refunded.

 

For All Inclusive Packages:

• between 30 and 21 days before departure, 50% of the total cost will be retained;
• between 20 and 8 days prior to departure, 75% of the total cost will be retained;
• between 7 days and until the day of departure, 100% of total tour cost will be retained;

 

For the Online Consultation service: any change or cancellation made less than 48 hours prior to the date set for the consultation will not be entitled to any refund.

The Customer declares to have been informed that in case FAME Santé decides to cancel an order especially because of the Customer inaccuracy or omission of essential information about their health status, the cancellation conditions of this section will be applied.

 

3.9 Duration

 

These general conditions of sale apply throughout the duration of the contractual relationship between the parties.

 

4. Customer Service

 

For any information, question or complaint, please contact FAME Santé’s Customer Service:

Address: 7 ter Cour des Petites Ecuries, 75010 Paris, France

Tél: +33.1.44.88.80.57 / Fax: +33.1.42.33.09.91 / E-mail :  contact@fame-sante.com