Date of last update: 15/10/2017.
Article 1 - LEGALS MENTION
This site, accessible at URL www.letsbebio.com (the " Site "), Is edited by :
Acintya Global Holdings SAS with a capital of 1000 euros, registered with the RCS Nanterre under number 830 862 637, whose registered office is located at 7 rue Bouvier, 92340 Bourg-la-Reine, FRANCE, represented by Déborah ROUZEL duly empowered
(Hereinafter the " exploiting ").
The individual VAT number of the Operator is : FR69830862637.
The site is hosted by OVH, located 2 rue K ellermann, BP 80157, 59053 Roubaix Cedex 1, FRANCE, (phone : 1007).
The Operator can be reached at the following telephone number +33 6 79 50 34 53 and to the following email address firstname.lastname@example.org.
General Terms and Conditions (the " Terms and conditions ", where the " CGV ") Apply exclusively to the online sale of the products offered by the Operator on the Website.
The Terms are available to customers on the site where they are directly searchable and can also be communicated to him on request by any means.
The Terms are binding on the customer recognizes, by checking a box or clicking on the button provided for this purpose by becoming aware and accepted them before ordering. The validation of the order by confirmation is adherence by the purchaser to the Terms in effect at the date of the order of conservation and reproduction are performed by the Operator.
Article 3 - DESCRIPTION OF THE PRODUCTS
The Website is a site selling online organic food products (hereinafter (s) " Product (s) ") open to any person or entity using the Site (the" Customer ").
The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the site of the manufacturer by a link located on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or is at the latest addressed to the delivery. The Products comply with the requirements of French law.
The Client remains responsible for the terms and consequences of its access to the Site, particularly via the Internet. Such access may involve the payment of costs to technical service providers such as Internet service providers, who are still responsible for them. In addition, the Customer shall provide and be fully responsible for the necessary equipment in order to connect to the Site.
The Customer acknowledges having verified that the computer configuration that it uses is secure and in working order.
Article 4 - CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Client must identify himself / herself using his or her secret and personal password and password. It is the Client's responsibility not to disclose his username and password in accordance with the provisions of the PERSONAL DATA section of these Terms and Conditions. Each Customer agrees to maintain strict confidentiality of the data, in particular his / her password and his / her identity, enabling him / her to access his / her client area, the Client acknowledging that he / she is solely responsible for accessing the Service through his / her username and password, unless there is evidence of fraud. Each Customer agrees to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and / or password.
After the creation of its personal customer area, the Customer will receive an email confirming the creation of its customer space.
The Client undertakes to register at:
- deliver real, accurate, current at the time of their entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
- keep current enrollment data to ensure ongoing real, accurate and current.
In addition, the Client undertakes not to make available or distribute any unlawful or objectionable information (such as defamatory or 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 to its exclusive faults.
Article 5 - ORDERS
The Operator endeavors to ensure optimal availability of its Products. The offers of Products are valid within the limit of available stocks.
If, in spite of the best efforts of the Operator, 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 will have the choice between :
● the delivery of a product of a quality and a price equivalent to those originally ordered, or
● return of the price of the product ordered no later than thirty (30) days from the payment of amounts already paid.
It is agreed that, apart from reimbursement of the price of the Unavailable Product, if this option is requested by the Customer, the Operator is not liable to any cancellation indemnity, unless the non-performance of the contract is personally attributable to it.
Except as otherwise provided in these Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, Customer's orders are firm and final.
At the time of placing an order, the Client must select the selected Products, add them to his basket indicating the selected Products and the quantities desired. The Customer has the possibility to check the detail of his order and his total price, and to return to the previous pages to possibly correct the contents of his basket before validating it.
The Customer agrees to read the Terms and conditions in effect before accepting and confirming the terms and any costs of delivery and withdrawal prior to the payment of the order. The confirmation of the comma nd implies acceptance of Terms and the contract form.
The contractual information relating to the order (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 on a reliable and durable support this confirmation of order as proof. A digital invoice is placed at the disposal of the Customer in the " my account ". The Operator also advises the Customer to print and / or archive on a reliable and durable support this invoice as proof.
Any email that will be sent to the Client as part of an order will be the email address that the client uses to identify itself in its client area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
● The Client does not respect the General Conditions in force at the time of his order;
● The customer's order history shows that sums remain due to previous orders ;
● One of the Client's previous orders is subject to litigation during processing ;
● The Client has not responded to a request for confirmation of his order that the Operator has sent him.
The Operator shall archive contracts for the sale of Products in accordance with applicable legislation. In making a request to the following address email@example.com, the Operator will provide the customer a copy of the contract subject of the application.
Any modification of order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer during the placing of the order (in particular name and address of delivery) bind the latter. Thus, the responsibility of the Operator can not in any way be sought in the event that an error during the placing of the order would prevent or delay the delivery / issue.
The Client declares to have the full legal capacity enabling him to commit himself under these General Conditions.
Enrollment is open to able adults and minors on condition that these intervene under the supervision of the parent or guardian with parental authority. Under no circumstances, registration is permitted on behalf of third parties unless it is legally entitled to represent it (legal entity for example). The registration is strictly personal to each Client.
In the event of failure by the Client to comply with any of the provisions hereof, the Operator reserves the right to terminate the Client's account without prior notice.
Article 6 - TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order made on the Site is an order with obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any case, the Operator reserves the right to check the validity of the payment, before the order is dispatched, by all necessary means.
The Operator uses the online payment solution [online payment solution].
Orders can be paid using one of the following payment methods :
● Credit card payment via Stripe. Payment is made directly on the secure banking servers of the bank of the Operator, via Stripe, bank details of the Customer do not pass on the Site.The bank details communicated at the time of payment are protected by a Secure Socket Layer (SSL) encryption method. In this way, these coordinates are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited from the corresponding amount only when (i) the data of the bank card used will have been verified and (ii) the debit will have been accepted by the bank that issued the bank card.
The impossibility of debiting the sums due will lead to the immediate nullity of the sale.
In particular, the bank card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
In this case, the order validated by the Customer will be considered effective only when the secure bank payment center has given its agreement on the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the necessary documents to finalize his order. These parts will not be used for any purpose other than these.
Article 7 - PAYMENT OF THE PRIZE
The price of the products in force at the time of the order is indicated in euros all taxes included (TTC) except delivery and transport costs. In the event of promotion, the Operator undertakes to apply the promotional price to any order placed during the promotional period.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The proposed prices include discounts and rebates that the Operator would be required to grant.
If shipping or carriage charges apply, they will be added to the price of the Products and shown separately prior to the Customer's validation of the order. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time of the sending by the Customer of the confirmation of his order.
The attention of the Customer is particularly drawn to the way in which the order placed on the Site is accepted. When the customer places his order, he must confirm this by 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 selected products, prices, terms and shipping charges) before validating by clicking on "I validate my delivery," then reco nnaît accept these terms before clicking the button "I pay" , finally he validates his order after having filled his bank details. The " double click "Is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
Archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and lasting copy. Such communications, purchase orders and invoices may be produced as proof of contract. In the absence of evidence to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and his Clients.
The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in case:
- Delivery of a non-conforming to the declared Product Product;
- delivery beyond the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract after the operator was ordered, on the same terms and without result, to make the delivery within a reasonable additional time;
- of price increase is not justified by technical modification of the product imposed by the authorities.
In all these cases, the Client may require the refund of the deposit paid plus the interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the Operator in case:
- refusal of the buyer to take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 - PROPERTY RESERVE
The Operator remains exclusive owner of the Products on the Site until receipt of the full price, including the shipping costs.
Article 10 - SHIPPING AND DELIVERY
The on-line offers on the site are reserved for consumers residing in France or, as the case may be, in a member country of the European Union, and for deliveries in the same geographical areas.
Delivery refers to the transfer to the Customer of physical possession or control of the Product.
The operator offers shipping options or issuing different depending on the nature of the product.
Shipping fees are those specified in the finalization of the order and are accepted by the validation of the order.
In accordance with the delivery deadline indicated on the Site for each of the Products, the Operator agrees to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site at the time of the order. These delays include the preparation and shipment of the order as well as the time stipulated by the carrier.
The Operator agrees to ship the Products in accordance with the deadlines announced on each Product sheet and at the level of the basket, provided that the payment of the order has not been previously refused.
However, if one or more Products can not be delivered within the time limit initially announced, the Operator will send an email informing the Customer of the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to verify that this address does not contain any error. The responsibility of the Operator can not be engaged if the address communicated by the Customer is erroneous, preventing or delaying the delivery.
On delivery, it may be necessary to sign a receipt.
No delivery will be made to a PO Box.
Upon delivery, it is the Customer's responsibility to verify that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate it on the delivery note. No claims on the quantity or the product's condition will be accepted if the claim has not been paid to the delivery.
Article 11 - RE dealings RIGHT
If a Product delivered does not give full satisfaction to the Customer, the Customer can 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 form of withdrawal (see bottom of this document).
The Operator will send an acknowledgment of receipt of the Client's request for retraction by e-mail.
In this case, the Customer may exercise his right of withdrawal by notifying the Operator :
- name, street address, phone number and email address;
- decision to withdraw by an unequivocal statement (eg letter sent by mail, fax or email as soon as these details are available and therefore appear on the standard form of withdrawal).The Client may use the template of the withdrawal form but this is not obligatory.
Return costs are the responsibility of the Customer, unless the goods can not normally be returned by the Post Office, in which case the Operator shall recover the Product at his own expense.
The exceptions of article L.221-28 of the Consumer Code apply and hinder the exercise of the right of withdrawal, in particular if the order consists of a contract:
- supply fully executed before the end of the withdrawal period and services whose performance began after prior express consent of the consumer and expressly waiving his right of withdrawal;
- provision of goods or services whose price depends on fluctuations in the financial market outside the professional control and may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods liable to deteriorate or expire rapidly;
- the supply of goods which were unsealed by the consumer after delivery and may not be returned for hygiene or health protection reasons;
- the supply of goods which, having been delivered and by their nature, are mixed inseparably with other items;
- supply drinks with delivery delayed beyond thirty (30) days and the value agreed upon conclusion of the contract depends on market fluctuations outside the control of the professional;
- maintenance or repair work to achieve urgently the consumer's home and expressly requested by it, within the limits of spare parts and strictly necessary work to respond to the emergency;
- supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for the subscription contracts to these publications;
- concluded at a public auction;
- delivery of hosting services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities to be provided on a date or at a specific period;
- supply of digital content not supplied on a tangible medium whose implementation began after prior express consent of the consumer and expressly waiving his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for its resale, unused and with all possible accessories.
In addition to the Returned Product, the return package must also contain a letter indicating the Customer's exact contact details (full name, address and address) as well as the order number and the original purchase invoice.
The Operator will reimburse the Customer the amount of the Product within fourteen (14) days of receipt of the Product and of all the elements enabling the Client to be reimbursed. Such reimbursement may be made by the same means of payment as that used for the Client. As such, the Customer has settled his order in the form of assets / gift vouchers may be redeemed by assets / good gift for the will of the Operator.
By accepting these Terms and Conditions, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 12 - CUSTOMER SERVICE
● by email by contacting firstname.lastname@example.org indicating their name, phone number, the purpose of the application and the number of the order concerned.
Article 13 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all the elements present on the Site, including without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other 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, distributed, distributed, represented, stored, used, leased or otherwise exploited , free of charge or onerous, by a Customer or by a third party, whatever the means and / or the media used, whether known or unknown to date, without the express prior written permission of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.
ARTICLE 14 - LIABILITY AND WARRANTY
The Operator can not be held responsible for the breach of the contract by the Client or due to an event characterized as force majeure by the competent courts or the unpredictable and insurmountable fact of any third party herein.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, the availability and the integrity of the transmissions of data on the Internet. Thus, the Operator does not warrant that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and / or their presentation.
The Operator can not be held responsible for the use that would be made of the Site and its services by the Clients in violation of the present General Conditions and for the direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Operator can not be held liable for any false declarations made by a Client and his behavior towards third parties. In the event that the liability of the Operator is sought because of such behavior of one of its Clients, the latter undertakes to guarantee the Operator against any conviction pronounced against him and to reimburse the Operator, An operator of all costs, including lawyers' fees, incurred in its defense.
Regardless of any additional contractual guarantee (commercial guarantee) could be granted, the products covered by the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code (including 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.
When you act within the scope of the legal guarantee of conformity:
- you have a period of two (2) years from delivery of the product to act:
- you can choose between repair or replacement of the goods subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;
- you will not need to prove the existence of the lack of conformity of the well during the twenty-four (24) months following delivery of the goods (except used goods).
You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between resolving the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, section 1641, 1644 and the first paragraph of Article 1648 of the civil Code, in force at the date of these Conditions of Sale:
Art. L.217-4 of the Consumer Code:
" The seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the installation instructions or the installation when this was charged to it by the contract or was carried out under its responsibility. "
Art. L.217-5 of the Consumer Code:
" The property is in conformity with the contract:
(1) If it is suitable for the usual use of a similar good and, where appropriate:
- it corresponds to the description given by the seller and possesses the qualities which he has presented to the buyer in the form of a sample or a model;
- if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. "
Art. L.217-7 of the Consumer Code:
" Any defects in conformity appearing within twenty-four months from the date of issue of the goods are presumed to exist at the time of issue, unless proven otherwise.
For second-hand goods, this period is fixed at six months.
The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance. "
Art. L.217-9 of the Consumer Code:
"In case of lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then bound to proceed, unless it is impossible, according to the modality not chosen by the buyer ".
Art. L.217-12 of the Consumer Code:
" The action resulting from the lack of conformity is prescribed by two years from the delivery of the property. "
Art. 1641 of the Civil Code:
" The seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish such use that the purchaser has not acquired it, would have given a lesser price if he had known them. "
Art. 1644 of the Civil Code:
" In the case of articles 1641 and 1643, the buyer has the choice to return the item and to have the price refunded, or to keep the item and to obtain part of the price. "
Art. 1648 paragraph 1 of the Civil Code:
" The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect. "
It is recalled that the search for amicable solutions before a possible legal action does not interrupt the delays of action of the legal guarantees nor the duration of any possible contractual guarantee.
ARTICLE 17 - PERSONAL DATA
The User is hereby informed that personal data indicated as being mandatory on the forms and collected within the framework of the service described herein are necessary for the use of the Site. The personal data of the User that the Operator collects from him may include:
- Name and surname
- His email address
- His telephone number
- His date of birth
- His genre
- Its IP address (virtual address of its computer)
The Operator is committed to the protection of personal data of Customer and all personal data obtained in connection with the use of services of the Website.
As such, each customer is solely responsible for maintaining the confidentiality of their username and password, and is solely responsible for all access to its Customer Account, whether authorized or not.
The Operator can not be held responsible for any action or harmful achieved via the personal space of the Customer by a third party who would have had access to his login and password for a foul or negligence is attributable to the Customer. The Customer undertakes to inform the Operator immediately once the Customer is aware or suspects unauthorized use or unauthorized access to personal space.
All personal data collected by the Operator are collected directly from the Customer and processed by the Operator to enable the implementation and management of services of the Website. These data can also be used to develop statistics to improve the services of the Site. These data may be transferred to partners and suppliers involved operator in the process of delivery, billing and management for order processing as well as marketing management purposes and customer relations.
The Operator respects the legislation on protection of personal data. The website collecting personal data, it was the subject of a prior declaration to the CNIL registered under number [ number CNIL declaration] .
Article 18 - LINKS
The hypertext links available on the Site may link to other websites not published by the Operator. They are provided solely for the convenience of the customer, to facilitate the use of available resources on the Internet. If Customer uses these links, you leave the site and then agree to use third-party sites in their own risk or if any terms and conditions that govern them.
The Customer acknowledges that the Operator does not control or does not contribute in any way to the development of conditions of use and / or content applying to or appearing on these sites.
Accordingly, the operator can not be held liable in any way whatsoever due to these hyperlinks.
In addition, the Customer acknowledges that the Operator can not endorse, guarantee or take over all or part of the conditions of use and / or the content of these third party sites.
The Site may also contain promotional links and / or banner ads linking to third party sites not published by the Operator.
The operator asks the customer to report any hypertext link to the Site which allow access to a third party site offering the content contrary to the laws and / or morality.
The Customer may not use and / or insert a hypertext link to the Site without the prior written consent of the operator in each case.
ARTICLE 19 - REFERENCES
The Customer authorizes the Operator to mention the name of the Customer, its logo by reference in its communication materials (brochures, website, business proposal, relationship with the press, press release, press kit, internal communication, etc. .).
ARTICLE 20 - AVAILABLE GEN GENERAL FACTS
ENTIRE AGREEMENT OF THE PARTIES
These Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They represent all the rights and obligations of the Company and the Operator relating to their subject. If one or more provisions of these Terms were declared invalid in application of a law, regulation or following a final decision of a competent court, other provisions shall remain in full force and effect. Furthermore, the fact that a party to these Terms not to claim a breach by the other party to any provision of these Terms shall be construed as a waiver on their part avail themselves in the future of such a breach.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time without notice Site content or services that are available, and / or stop temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time without notice the location of the site on the Internet, and these Terms and Conditions. The Customer is therefore obliged therefore to refer to these Conditions before using the Site.
The Customer acknowledges that the Operator can not be held liable in any manner whatsoever to him or any third party because of these changes, suspensions or terminations.
The Operator advises the Customer to save and / or print these Terms and Conditions for safe and sustainable conservation, and thus able to invoke at any time during the contract if necessary.
CLAIM - MEDIATION
In case of dispute, you should contact a priority to the company's customer service at the following address : email@example.com.
In case of failure of the claim by the customer service or the lack of response from this service within ten (10) days, Customer may submit the dispute to the good order or these Terms of the opponent to the Operator to a mediator .
The mediator will try, in full independence and impartiality, to bring the parties to reach an amicable solution. The parties are free to accept or reject the use of mediation and, if mediation, accept or reject the solution proposed by the Ombudsman.
These Terms shall be governed, construed and enforced in accordance with French law.
ACCEPTANCE OF TERMS GEN GENERAL FACTS BY CUSTOMER
The Customer acknowledges having read these Terms and Conditions.
By registering with the Site, the Client confirms having read the Terms and accept them, making contractually bound by the terms of these Terms and Conditions.
The General Conditions applicable to the Customer are those available at the date of the order, a copy dated to date can be given on request to the Customer, it is clear that any modification of the Terms that would be performed by the Operator will s 'not to any previously may command apply unless Customer expressly agreed to the origin of a given command.