Terms of sale
This English translation is provided for information purposes only. In the event of any discrepancy, the French version shall prevail.
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by NutriZoé (the "Seller") with consumers and non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website https://vitaminec.com.
In particular, they set out the conditions for ordering, payment, delivery and management of any returns of the Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.
They are accessible at any time on the website https://vitaminec.com and shall prevail, where applicable, over any other version or any other conflicting document.
As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
Amendments to these General Terms and Conditions of Sale are enforceable against users of the website from the time they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website https://vitaminec.com are food supplements.
The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions, are presented on the website. The Customer is required to read them before placing any order.
The composition of the Products is set out in a product sheet presenting the essential characteristics of the ingredients making up the Products, in accordance with article L.111-1 of the Code de la consommation (French Consumer Code).
This information is intended, without being exhaustive, to inform the Customer as fully as possible of the essential characteristics of the Products. The information may be subject to minor variations and therefore cannot replace the information appearing on the Product packaging, which alone is authoritative and to which the Customer is invited to refer.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website are not contractually binding and cannot give rise to any liability on the part of the Seller.
The Customer is required to refer to the description of each Product in order to ascertain its properties, essential features and delivery times and, in the case of the continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in the French language and is confirmed no later than at the time the Customer validates the order.
ARTICLE 3 - Period of validity of the Product offer
Product offers are valid while stocks last, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows:
NutriZoé, SASU (French simplified joint-stock company with a sole shareholder) with a share capital of €5,000
Registered office: 51, rue Anatole de Monzie, 06300 Nice, France
RCS Nice (Nice Trade and Companies Register) 822 985 107 – SIRET: 822 985 107 00033
Intra-Community VAT number: FR74822985107
Email: hello@vitaminec.com
Telephone: +33 1 82 28 00 28 (Monday to Friday, excluding public holidays)
In accordance with the loi Informatique et Libertés du 6 janvier 1978 modifiée (French Data Protection Act of 6 January 1978, as amended) and Regulation (EU) 2016/679 (GDPR), the Customer has, at any time, a right of access, rectification, objection, erasure, restriction and portability with regard to their personal data, which they may exercise by email to hello@vitaminec.com or by post to the Seller's address mentioned above. In the event of reasonable doubt as to the identity of the person making the request, the Seller may request additional information to confirm it.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the legal capacity required to contract and purchase the Products offered on the website.
ARTICLE 5 - Orders
5-1. Placing an order
It is the Customer's responsibility to select on the website https://vitaminec.com the Products they wish to order. The Customer fills in a form with the chosen method of payment and the delivery address with their details (title, surname, first name, address, postcode, town/city, email, telephone number).
The Customer has the opportunity to check the details of their order and its total price and to correct any errors before confirming their acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or correct any error immediately.
An order is registered on the website when the Customer accepts these General Terms and Conditions of Sale and validates their order. This validation implies acceptance of all of these General Terms and Conditions of Sale as well as of the terms of use of the website.
The sale is only final once the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and in accordance with the procedures described above, constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitute 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 their order using the tracking link sent to them by email upon shipment.
5-2. Amending an order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be amended.
5-3. Cancelling an order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
ARTICLE 6 - Prices
The Products are supplied at the prices in force shown on the website https://vitaminec.com at the time the order is registered by the Seller. Prices are expressed in euros, inclusive of all taxes (TTC).
Prices take into account any discounts that may be granted by the Seller on the website.
These prices are firm and not subject to revision during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to change prices at any time. They do not include delivery costs, which are invoiced in addition under the conditions indicated in the shipping policy and calculated before the order is validated.
If the Customer chooses a more expensive shipping method than standard shipping, the additional delivery costs, as they appear when the order is validated, are borne entirely by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
For deliveries outside the European Union (in particular Switzerland, the United States, Canada and the Middle East), customs duties or local taxes may be charged on receipt; these remain payable by the Customer.
An invoice is drawn up by the Seller and given to the Customer.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full on the day the order is placed, by one of the secure means of payment offered on the website's payment page (in particular bank card, PayPal and cheque, the latter only for orders delivered to France).
In the event of payment by cheque, the order is prepared and shipped after the cheque has been received and cashed by the Seller. The cheque must be sent to NutriZoé, 51 rue Anatole de Monzie, 06300 Nice, France. If it is not received within 10 days, the order may be cancelled.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the refund of the corresponding sums.
ARTICLE 8 - Deliveries
The Products ordered by the Customer are delivered to the address indicated when ordering, in the countries, by the methods and at the rates indicated in the shipping policy and summarised before the order is validated.
Orders placed on a working day before 12 noon (Paris time) are usually shipped from Nice (France) the same day, other orders on the following working day, and in all cases within a maximum of 48 working hours. For metropolitan France and Monaco, the indicative delivery time is 1 to 3 working days from shipment, with a maximum of eight (8) days. The time limits applicable to other destinations are specified in the shipping policy.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single consignment.
If the Products ordered have not been delivered within the above time limits, for any reason other than force majeure or the Customer's own act, the Customer may, under the conditions provided for in articles L.216-1 et seq. of the Code de la consommation (French Consumer Code), require the Seller to make the delivery within a reasonable additional period and, failing this, terminate the contract in writing. The sums paid by the Customer will then be refunded no later than fourteen (14) days after the date of termination of the contract.
The Seller bears the risks of transport and is required to refund or replace Products damaged or lost during transport.
In the event of a special request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs will be invoiced separately as an additional charge, on the basis of a quotation previously accepted in writing by the Customer.
The Customer is invited to check the condition of the parcel and the Products upon delivery and to report any anomaly as soon as possible (parcel damaged or opened, Product missing, spoiled or not corresponding to the order) by email to hello@vitaminec.com, with their order number and, if possible, photos. Such a report facilitates the processing of the request; it in no way deprives the Customer of the legal guarantees described in article 11.
If the complaint made to the Seller is unsuccessful, or in the absence of a response within two months, the Customer may submit the dispute to the consumer mediator under the conditions of article 18.
ARTICLE 9 - Transfer of ownership - Transfer of risk
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 the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with articles L.221-18 et seq. of the Code de la consommation (French Consumer Code), the Customer has a period of fourteen (14) days from receipt of their order to exercise their right of withdrawal with the Seller, without having to give any reason or pay any penalty.
In accordance with article L.221-28 of the Code de la consommation (French Consumer Code), the right of withdrawal cannot be exercised for Products unsealed by the Customer after delivery which cannot be returned for reasons of hygiene or health protection. Food supplements may therefore only be returned unopened, with their security seal, foil seal or tamper-evident seal intact.
The Customer informs the Seller of their decision to withdraw before the expiry of the period, by email to hello@vitaminec.com or by post to NutriZoé, 51 rue Anatole de Monzie, 06300 Nice, France, using the model withdrawal form in appendix 2 or any other unambiguous statement setting out their wish to withdraw. The Seller sends the Customer an acknowledgement of receipt by email.
The Customer returns the Products no later than fourteen (14) days after communicating their decision to withdraw, to the address above, complete, in their original packaging and accompanied by the purchase invoice. Return costs are borne by the Customer.
The Seller refunds the price of the Products and the standard delivery costs within fourteen (14) days of receipt of the decision to withdraw, using the same means of payment as that used for the order. In accordance with article L.221-24 of the Code de la consommation (French Consumer Code), this refund may be deferred until the Products have been recovered or until the Customer has provided proof of their shipment. Additional delivery costs resulting from the choice of a more expensive delivery method than standard delivery are not refunded.
ARTICLE 11 - Seller's liability – Legal guarantees
The Products sold on the website https://vitaminec.com comply with the regulations in force in France.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, from:
- the legal guarantee of conformity, provided for in articles L.217-1 to L.217-32 of the Code de la consommation (French Consumer Code), for Products that are defective, spoiled, damaged or do not correspond to the order;
- the legal guarantee against hidden defects, provided for in articles 1641 to 1649 of the Code civil (French Civil Code).
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The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event that a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract and obtain a full refund in return for returning the goods, if: 1° The professional refuses to repair or replace the goods; The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer is not entitled to termination of the sale if the lack of conformity is minor. Any period during which the goods are immobilised for repair or replacement suspends the remaining period of the guarantee until the goods are delivered back in working order. The rights mentioned above result from the application of articles L.217-1 to L.217-32 of the Code de la consommation (French Consumer Code). A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (article L.241-5 of the Code de la consommation (French Consumer Code)). The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Code civil (French Civil Code), for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for returning the goods. |
To assert their rights, the Customer informs the Seller by email to hello@vitaminec.com or by post to the address indicated in article 4, stating their order number and the nature of the defect (photos are helpful). The Seller will inform the Customer of the procedure for returning the Product concerned.
The costs of returning Products that are non-conforming or affected by a defect are borne by the Seller. Refunds are made as soon as possible and no later than fourteen (14) days after receipt of the returned Product or of proof of its shipment, using the same means of payment as that used for the order, unless the Customer agrees to another means.
The Seller cannot be held liable in the event of failure by the Customer to comply with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check, nor in the event of misuse or failure to comply with the conditions of use and storage indicated on the packaging.
ARTICLE 12 - Warning on the use of food supplements
The Customer is solely responsible for knowing their own needs and state of health, and it is up to the Customer to check, before any consumption of the Products, their needs and the compatibility of consuming the Products with their state of health, if necessary by consulting competent professionals.
The Products are in no way a substitute for medicines. They in no way replace a varied and balanced diet and a healthy lifestyle, and are not intended to prevent, treat or cure any disease.
The recommended daily dose indicated on the packaging should not be exceeded. Excessive consumption of food supplements may cause adverse effects.
ARTICLE 13 - Protection of personal data
Pursuant to loi n° 78-17 du 6 janvier 1978 modifiée (French Data Protection Act No. 78-17 of 6 January 1978, as amended) and Regulation (EU) 2016/679 (GDPR), it is noted that the personal data requested from the Customer are necessary for processing their order and drawing up invoices, in particular.
These data may be communicated to the Seller's partners responsible for the execution, processing, management and payment of orders.
The Customer has a right of access, rectification, erasure, objection, portability and restriction of processing with regard to the information concerning them, as well as the right to lodge a complaint with the CNIL (French data protection authority). The conditions of processing and of exercising these rights are detailed in the privacy policy.
ARTICLE 14 - Intellectual property
The content of the website https://vitaminec.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement.
ARTICLE 15 - Unforeseeability (imprévision)
In the event of a change in circumstances that were unforeseeable at the time the contract was concluded, in accordance with the provisions of article 1195 of the Code civil (French Civil Code), the Party that has not agreed to assume the risk of excessively onerous performance may ask its co-contracting party to renegotiate the contract.
ARTICLE 16 - Force majeure
The Parties cannot 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 Code civil (French Civil Code).
ARTICLE 17 - Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are written in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 18 - Mediation
In accordance with articles L.612-1 and L.616-1 of the Code de la consommation (French Consumer Code), the Customer may send a written complaint to the Seller at hello@vitaminec.com. Subject to article L.612-2 of the Code de la consommation (French Consumer Code), the Customer also has the option of submitting a request for amicable resolution by way of mediation, within less than one year of their written complaint to the Seller.
The Seller has appointed, by membership registered under number 50168/VM/2207, SAS Médiation Solution as its consumer mediation body.
To refer a matter to the mediator, the consumer must submit their request:
- either in writing to: SAS Médiation Solution, 222 chemin de la Bergerie, 01800 Saint-Jean-de-Niost (tel.: 04 82 53 93 06);
- or by email to: contact@sasmediationsolution-conso.fr;
- or by completing the online form entitled "Saisir le médiateur" (Refer to the mediator) on the website https://www.sasmediationsolution-conso.fr.
Whatever the means of referral used, the request must contain:
- the applicant's postal, telephone and email contact details;
- the name, address and registration number with SAS Médiation Solution of the professional concerned;
- a brief statement of the facts, the consumer specifying to the mediator what they expect from this mediation and why;
- a copy of the prior complaint;
- any documents enabling the request to be examined (order form, invoice, proof of payment, etc.).
ARTICLE 19 - Disputes
Failing an amicable solution, all disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.
ARTICLE 20 - Pre-contractual information - Customer acceptance
The Customer acknowledges having received, prior to placing their order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in article L.221-5 of the Code de la consommation (French Consumer Code).
The fact that a natural person places an order on the website https://vitaminec.com entails full and complete adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer.
APPENDIX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES
The provisions of the Code de la consommation (French Consumer Code) relating to the legal guarantee of conformity (articles L.217-1 to L.217-32) are summarised in the box in article 11 and can be consulted in full at www.legifrance.gouv.fr.
Article 1641 of the Code civil (French Civil Code)
The seller is bound by the guarantee in respect of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.
Article 1648, first paragraph, of the Code civil (French Civil Code)
Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
APPENDIX 2 - WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of NutriZoé, 51 rue Anatole de Monzie, 06300 Nice, France – hello@vitaminec.com:
I hereby give notice of my withdrawal from the contract for the sale of the goods below:
Ordered on / received on:
Order number:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
Date:
