Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale (GCS).
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site and guarantees that the purchase of Products on the Site is not directly related to a professional activity and is limited to strictly personal use.
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ABIOCOM, a simplified joint-stock company registered with the trade and companies register under number 500 112 438 RCS Toulouse, whose registered office is located at 9 avenue Léonard de Vinci, 31880 LA SALVETAT SAINT GILLES (“ABIOCOM” or “the Seller”) to consumers and non-professional buyers (“Customers or the Customer”), wishing to purchase the products offered for sale by the Seller (“Products”) on the website www.Nutrivie.com (“the Site”).
They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by specific conditions, stated on the Site, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website www.Nutrivie.com and will prevail, where applicable, over any other version or any other contradictory document.
They only concern orders intended for delivery exclusively to mainland France.
These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Amendments to these General Terms and Conditions of Sale are binding on users of the website www.Nutrivie.com from the time they are posted online and cannot apply to transactions concluded previously.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the Site are products of natural origin, certified ecological and/or organic.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Site.
The Customer is required to read this before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
ARTICLE 3 - Duration of validity of the Product offer
Product offers are subject to availability, as specified when the order is placed.
In the event of total or partial unavailability of Products after placing the order, the Customer will be informed by the Seller as soon as possible of the unavailability of the Product. His order will be cancelled and he will be offered to reorder the remaining products.
ARTICLE 4 - Seller's contact details
ABIOCOM
9 Avenue Leonardo da Vinci
CS 70 005
31880 La Salvetat-Saint-Gilles
05 34 48 02 17
contact@Nutrivie.com
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of identity, to the Seller's address, mentioned above.
ARTICLE 5 – Orders
5-1. Placing the order
It is up to the Customer to select on the Site the Products that he wishes to order, according to the terms and conditions set out on said site.
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and to immediately report or correct any errors.
Registering an order on the Site implies acceptance of all of the T&Cs.
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email no later than 48 hours after the order is placed, and after the Seller has received payment in full.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the Site constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the Site.
5-2. Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of exercising the right of withdrawal or in cases of force majeure.
ARTICLE 6 – Rates
The Products are supplied at the current prices shown on the Site when the Seller places the order. Prices are expressed in Euros and include VAT.
The prices take into account any reductions that may be granted by the Seller on the Site.
These prices are firm and not subject to revision during their period of validity, as indicated on the Site, the Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at the Customer's expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and will be made available to the Customer for consultation in their online customer area and, upon request, may be sent to them by email.
ARTICLE 7 - Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, by bank cards: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding amounts.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.
The Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.
No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.
Any sums paid by the Client cannot be considered as deposits or down payments.
ARTICLE 8 – Deliveries
The Products ordered by the Customer will be delivered in mainland France within the shipping time indicated on the order summary before validation of said order by the Customer, to which is added the processing and delivery time.
Delivery will be made to the address indicated by the Customer when ordering on the Site. The Seller cannot be held responsible for a delivery failure caused by the provision of an inaccurate or incomplete address. Any order returned to the Seller due to an incorrect or incomplete address will, provided that the latter has corrected its address, be reshipped at the Customer's expense.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be terminated at the Customer's written request under the conditions set out in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The customer must inform the Seller as soon as possible by email at the following address: contact@nutrivie.com.
The sums paid by the Client will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of non-conformity of the Product delivered, the Seller undertakes to remedy this or reimburse the Customer, as indicated in the article - “Seller's Liability - Guarantee”.
The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.
Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.
The Customer is required to check the condition of the delivered products. He has a period of 96 hours from delivery to formulate by email: contact@Nutrivie.com any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged package already opened ...), with all the relevant supporting documents (photos in particular). After this period and if these formalities have not been complied with, the Products will be deemed compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of 14 days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.
Beyond this period, the sale will be firm and final.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available at the bottom of these General Terms and Conditions Appendix 2 and via the email address contact@Nutrivie.com. An acknowledgment of receipt will be communicated to the Customer by the Seller.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The refund will be made within 14 days of notification to the Seller of the decision to withdraw, provided that the Customer has returned the Products to the Seller within the same time frame.
ARTICLE 11 - Seller's Liability – Warranty
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 96 hours from the delivery of the Products or the discovery of hidden defects within the time limits referred to above and return the defective Products by postal parcel in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund or replace non-compliant or defective Products.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller shall not be liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 12 - Protection of personal data
In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Site meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.
This right may be exercised under the conditions and according to the terms defined on the Site.
ARTICLE 13 - Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 – Independence
The invalidity or unenforceability of any of the clauses of these General Terms and Conditions shall not affect the validity of the other stipulations, which shall retain their full force and scope.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law – Language
These General Terms and Conditions and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.
ARTICLE 17 – Disputes
All disputes to which the transactions concluded in application of these General Terms and Conditions may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
In accordance with the provisions of Articles L. 612-1 et seq. of the Consumer Code, the Customer has the prior possibility of using a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and ABIOCOM.
Prior to contacting the consumer mediator, the Customer must contact Customer Service for any dispute with ABIOCOM using the Contact Form.
In the absence of a response or amicable agreement following discussions with ABIOCOM within forty-five (45) calendar days and subject to Article L. 612-2 of the Consumer Code, the Customer may contact the Paris Mediation and Arbitration Center (“CMAP”) located at 39, avenue Franklin D. Roosevelt, 75008 PARIS, by post or using the dedicated form on the CMAP website or by email: consommation@cmap.fr;
In any event, the Client is required to comply with the rules of the consumer mediation process available on the CMAP website.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact that a natural person (or legal entity) orders on the Site implies full adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEX 1 - Provisions relating to legal guarantees
ABIOCOM, in its capacity as seller, is liable for any lack of conformity of the Product it has sold in accordance with Articles L. 217-3 to L. 217-4 of the Consumer Code, partly reproduced below.
Legal guarantee of conformity
Article L217-4 of the Consumer Code
The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been assigned to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
ABIOCOM is also bound by the legal guarantee against hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code, as well as in Article 2232 of the same code, partly reproduced below.
Guarantee of hidden defects
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
APPENDIX 2 - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.Nutrivie.com, except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.
ABIOCOM
9 Avenue Leonardo da Vinci
CS 70 005
31880 La Salvetat-Saint-Gilles
- Order of (Date): ...........................................................
- Order number: ...........................................................
- Client Name: ................................................................................
- Customer Address: .......................................................................
Client's signature (only if this form is notified on paper)
