Terms of Sales

Effective as of 01/05/2023

 

We invite you to carefully read these general conditions of sale (hereinafter "the GCS") as well as our privacy policy on the protection of personal data (hereinafter "Privacy Policy") which govern our relations if you order our products (hereinafter “the Products”) for sale on the website www.phytanatura-herbo-vital.com (hereinafter “the Site”).

It is also recommended that you save and/or print them. In the context of these GTCS, it is agreed that "the Customer" designates the person browsing the Site and/or ordering the Products on the Site and HERBO VITAL designates the company whose identification is given in article I below. After.

ARTICLE 1 – Identification of the seller

HERBO VITAL is a SARL with a share capital of 40551 euros, registered in the Tours Trade and Companies Register under number 390887685, whose registered office is located at Zone Actiloire, at CINQ MARS LA PILE (37130) and whose Intra-community VAT is FR94 390 887 685.

ARTICLE 2 - Scope

These General Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with buyers ("Customers or Customers"), wishing to acquire the products offered to the sale (“The Products”) by the Seller on the site http://www.phytanatura-herbo-vital.com/.

Any order for a Product offered on the Site assumes consultation and express acceptance of the current T&Cs which prevail over all previous versions as well as any specifications issued by the Customer.

The Customer declares to have read these GCS and to have accepted them without reservation by checking the box provided for this purpose before the implementation of the online payment procedure on the site http://www.phytanatura-herbo-vital.com /.

In accordance with the applicable legislative and regulatory provisions and relating to the electronic signature, it is recalled that the validation of the order form in accordance with these GCS constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is worth proof of the completeness of the order and of the eligibility of the sums due in execution of the said order.

 The T&Cs express all of the obligations and rights of the Parties. The fact that HERBO VITAL does not avail itself at a given time of any clause of the GCS cannot be interpreted as a waiver to avail itself of it later.

HERBO VITAL reserves the right to modify the T&Cs at any time, those applicable being those in force at the time the order is placed. The Customer is therefore invited to carefully consult the T&Cs appearing on the Site on the day of his order, prior to its validation.

ARTICLE 3 – Declarations

By creating an account and/or placing an order on the Site, the Customer acknowledges having full legal capacity to engage under the GCS.

He also declares to be informed that the resale of a product from the PHYTANATURA range at a price lower than the price offered on the site is expressly prohibited.

Finally, the Customer declares to have read, at the time of placing his order, the characteristics of the Products and to have had all the necessary information in this respect.

ARTICLE 4 – Products

The Products offered for sale are those presented on the site.

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 www.phytanatura-herbo-vital.com which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid within the limits of available stocks, as specified when placing the order.

These GCS are accessible at any time on the site www.phytanatura-herbo-vital.com and will prevail over any other document.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Products presented on the site www.phytanatura-herbo-vital.com are offered for sale for the following territories: Metropolitan France, Overseas Territories and any Foreign country.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

F or all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.

ARTICLE 5 - Price

The Products are supplied at the current prices appearing on the site www.phytanatura-herbo-vital.com, when the order is registered by the Seller.

The prices are expressed in Euros, including VAT.

The prices take into account any reductions which may be granted by the Seller on the site www.phytanatura-herbo-vital.com.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices 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.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 6 – Orders

It is up to the Customer to select on the site www.Phytanatura-herbo-vital.com the Products he wishes to order, according to the following methods:

In order to place an order, the Customer is invited to create an account (hereinafter "Customer area - Account") in order to benefit from any discounts (hereinafter "Sponsorship and loyalty").

For professionals it is an obligation.

After having selected the desired Product(s), the Customer places his order in accordance with the indications appearing on the Site. His order is then the subject of a summary which includes all the elements. The Customer then validates it by clicking on the “proceed to payment” button. The Customer then chooses his delivery and billing address if different, then his delivery method. Finally, the Customer proceeds to the payment of the order under the conditions indicated in the "payment" section (Article VII below).

HERBO VITAL confirms the Customer's order by sending an e-mail containing in particular:

  • the characteristics of the Product(s) ordered;
  • indication of the price including tax;

HERBO VITAL reserves the right not to confirm the order, in particular in the event of refusal of payment authorization by officially accredited bodies, non-payment of a previous order or a dispute with the Customer in progress. of administration, or in the event of a problem concerning the order received, an incomplete order, a foreseeable problem concerning the supply of the Product, as well as in the presence of a withdrawal or recall procedure initiated concerning one or more of the Products ordered . HERBO VITAL will inform the Customer of this by e-mail as soon as possible.

HERBO VITAL recommends that the Customer keep a record of the data relating to his order on paper or on a reliable computer medium.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site www.pphytanatura-herbo-vital.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Customer will be able to follow the progress of his order on the site and on colissimo.fr.

ARTICLE 6 Bis - Customer area - Account

To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his e-mail address.

The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.

To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an e-mail to: contact@herbo-vital.com. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the site www.phytanatura-herbo-vital.com will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic and had no effect.

Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

The creation of the account entails the acceptance of these general conditions of sale.

ARTICLE 7 - Terms of payment

The total amount of the order (price as well as delivery costs) is paid by secure payment, according to the following terms:

  • payment by credit card
  • or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
  • via PayPal

The amount is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.phytanatura-herbo-vital.com.

Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

ARTICLE 8 – Deliveries and returns

The Products ordered by the Customer will be delivered in mainland France and worldwide by Colissimo for a gross weight of less than 30 kg (order and packaging included).

For any package weighing more than 30kg, deliveries will be made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access. In the case of an order greater than 30kg to be delivered outside metropolitan France, the price of the delivery will be subject to an estimate.

Deliveries are made within the carrier's deadlines to the address indicated by the Customer when ordering on the site.

With Colissimo, for delivery in mainland France, allow 2 to 3 working days. To an Overseas destination, the delivery time is between 6 to 18 days (variable in times of crisis). For Europe, a few days should be enough. Finally, for delivery by international Colissimo, the shipment can take between 3 and 8 working days.

For any order over 30Kg and delivered by private carrier in mainland France, the delivery time is between 3 and 4 working days.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or 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 deadlines specified above.

If the Products ordered have not been delivered within 8 days after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request within conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing. by the customer.

ARTICLE 8-1 Cost of delivery

  1. For metropolitan France

- For all shipments whose gross weight is less than 30kg, deliveries will be made by La Poste, by Colissimo, with a number that will be notified to you at the time of shipment. You will be able to track the delivery of your package by going to the colissimo.fr website.

Under these conditions: €8.00 including tax for an order of less than €75.00 and postage paid for any order above €75.00 including tax.

- Any order over 30kg gross, delivered by private carrier will be subject to an estimate.

  1. Overseas

For any order under 30kg gross, delivered by colissimo:

Overseas Zone 1 : €12.00 including tax for an order of less than €110.00 and postage paid for any order above €110.00 including tax.

Overseas Zone 2 : The shipping costs for parcels weighing up to 5kg are determined by the Colissimo tariffs (see indicative tables below, or for more details on the Colissimo.fr website). For parcels weighing more than 5kg, HERBO VITAL bears half of the shipping costs, which means that the customer will only pay half of the actual costs. For example, if the actual shipping costs for a 10kg order amount to €108.30, the customer will only pay €54.15 thanks to the partial support of HERBO VITAL

Any order over 30kg gross, delivered by private carrier will be subject to an estimate.

Weight up to…

Colissimo prices
 To OM area 1 2

Colissimo prices
 To OM area 2 2

500g

€12.35

€12.50

1kg

€18.80

€18.75

2kg

€25.60

€33.10

5kg

€38.45

€55.30

10kg

€61.60

€108.30

15kg

€128.70

€247.10

30kg

€141.35

€283.90

 

OM 1 zone: Guadeloupe, Martinique, Guyana, Reunion, Mayotte, Saint-Pierre-et-Miquelon, Saint-Martin, Saint-Barthélemy.
Zone OM 2: New Caledonia, French Polynesia, Wallis and Futuna, French Southern and Antarctic Lands (TAAF).

  1. Foreign

For any order under 30kg gross, delivered by Colissimo:

To the EU, and Switzerland 2 : €12.00 including tax for an order of less than €110.00 and postage paid for any order above €110.00 including tax.

To UK : 15.00€ TTC for an order lower than 120.00€ and postage paid for any order higher than 120.00€ TTC.

To Zone B  and C : Shipping costs for parcels weighing up to 5kg are determined by Colissimo's tariffs (see indicative tables below, or for more details on the Colissimo.fr website). For parcels weighing more than 5kg, HERBO VITAL bears half of the shipping costs, which means that the customer will only pay half of the actual costs. For example, if the actual shipping costs for a 10kg order amount to €125.05, the customer will only pay €62.525 thanks to the partial support of HERBO VITAL.

Any order over 30kg gross, delivered by private carrier will be subject to an estimate.

Attention, for zones B and C, the limit is 20 kg! Any order over 20kg gross must be quoted for delivery by private carrier.

 

Weight up to…

Colissimo prices
 To EU, Switzerland 2 and UK 3

500g

€13.45

1kg

€16.60

2kg

€18.80

5kg

€24.05

10kg

€39.65

15kg

€58.30

30kg

€75.50

 

 

 

 

Weight up to…

Colissimo prices
 To area B 4

Colissimo prices
 To area C 4

500g

20,20 €

€29.55

1kg

24,10 €

€32.85

2kg

€26.35

€45.20

5kg

€33.85

€66.15

10kg

€56.05

€125.05

15kg

€76.05

€177.70

20kg

€92.95

€216.65

 

2 Zone also including Liechtenstein, San Marino and the Vatican.

3 With a fare supplement of €3 in connection with the impacts of Brexit.

4 Zone B: Eastern Europe (outside the EU, Switzerland and Russia), Norway and North Africa.

Zone C: Other destinations (outside the EU and Switzerland). African countries (excluding North Africa), Canada, United States, Russia, Near and Middle East.

Any tax, excluding postage, will be borne by the customer, whether for Overseas or abroad. 

ARTICLE 8-2 Returns

The Customer is required to check the condition of the products delivered. He has a period of 48 hours from delivery to formulate complaints by post and email, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Code of consumption and those provided for in these GCS. The shipping costs will be borne by the customer in the case of an order return for non-compliance or deterioration due to the seller and will be subject to compensation in the form of a credit note.

The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

In the event of deterioration of the package during transport, the customer must make a complaint upon receipt and have this deterioration noted with the carrier/deliveryman Colissimo. If the product is damaged during transport, the customer can refuse the package and return it to the sender.

ARTICLE 8-3 Methods of reception

The order will reach the Customer at his home or at the address of his choice within the period indicated when placing the order. Delivery means at the doorstep of the address indicated by the Customer and in the presence of the latter or of any person authorized to receive the package. Carriers are not required to enter the Customer's home.

HERBO VITAL reserves the right not to follow up on an order from a Customer who cannot prove his delivery address on simple request from Customer Service or the carrier.

The Customer agrees to prove his identity, if requested by the carrier, by an official document in force and by communicating, if necessary, the order number which was communicated to him in the e-mail confirming his order. If the Customer is unable to receive the order himself, he must appoint a third party to represent him with a power of attorney and a photocopy of the said Customer's identity card.

No request for delivery of the parcel can be honored if the conditions indicated above are not respected by the Customer.

If the Customer (or an authorized third party) is not present when the package is presented at the delivery address, a transit advice note will be left by the carrier in the Customer's mailbox to inform him of this. The Customer, provided with an identity document, must then claim his parcel at the post office indicated on the delivery notice within two weeks at the latest. Otherwise, the order will be returned to HERBO VITAL. HERBO VITAL will then offer the Customer to resend his order a second time at the cost of a new shipment.

In the absence of delivery on the date or within the time specified in the order (plus the additional period of 8 days mentioned above), the Customer may cancel his order, by registered letter with acknowledgment of receipt or any equivalent means, if , after having enjoined, according to the same terms, HERBO VITAL to make the delivery within a reasonable additional period, it has still not been executed within this period. If necessary, HERBOVITAL will refund the Customer no later than 14 days following the cancellation of the order.

ARTICLE 9 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 10 – Promotions, Sponsorship and Loyalty

- See article 5 above with regard to the prices of any promotions and reductions.

- For professionals, with SIRET number:

 5% discount from €350 incl. VAT / Free shipping

7% discount from 1000€ incl. VAT/Free shipping.

- The customer has the possibility of sponsoring the person of his choice and consequently of benefiting from a reduction of €10.00 including tax on an order of €50.00 including tax minimum purchase ( valid only once per referral and for the first order made by the latter ).

The sponsorship offers the godchild a 5% reduction on his first order, using the sponsorship code received by his sponsor. These offers cannot be combined with other promotions and offers in progress on the site.

- Loyalty points are allocated as follows: for each €50.00 including tax of purchase: €0.50 including tax is accumulated.

The setting up of the sponsorship and loyalty points system will be put in place after the launch of the site and will be announced on the latter.

ARTICLE 11 - Right of withdrawal

According to the terms of article L221-18 of the Consumer Code “ For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 6 Bis of the GCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not taken back.

The return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 12 - Seller's liability - Warranties

The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements 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 suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article 1641 of the Civil Code.

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration 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 the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller will replace the Products under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed in the form of a credit note, on presentation of supporting documents.

The return costs will be borne by the seller if it was indeed defective products.

Replacements of products deemed non-compliant or defective will be made as soon as possible and at the latest within 8 working days following the Seller's finding of the lack of conformity or the hidden defect.

The responsibility of the Seller cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
  • in the event of misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's warranty is, in any case, limited to the replacement of Products that are non-compliant or affected by a defect.

 

Provisions relating to the contractual guarantee

Products purchased on the site www.phytanatura-herbo-vital.com may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated, where applicable, in the description of a given Product, according to the terms, following conditions and prices:

Any return accepted by the seller, in the case of an apparent defect or non-conformity of the products delivered, which will be noted by the seller, will allow the buyer to obtain a free replacement, or the return of a credit note to its benefit, to the exclusion of any other indemnity or damages.
The return of the products is carried out at the expense, risk and peril of the buyer (it is therefore advisable for him to insure the products with the carrier).

This contractual warranty covers the following situations:

The warranty is limited to the standard exchange of products affected by a defect or lack of conformity.

This warranty is excluded in the following situations:

In the event of loss or damage to the package, no compensation will be paid to the customer.

It is applicable under the following conditions:

Any return of products must be the subject of a formal agreement between the seller and the purchaser. The customer makes his complaint in an e-mail or clear written letter.

Responsibility

HERBO VITAL is liable under the conditions of common law for all damages, losses and damages, direct, material and foreseeable, resulting from the poor performance or a proven partial or total failure to perform its obligations under the these T&Cs.

Under no circumstances will HERBO VITAL be held liable for compensation for indirect, immaterial, special, punitive or unforeseeable damages.

In addition, HERBO VITAL cannot be held liable for any damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses or resulting from an act attributable to the Customer, to the fact of a third party or any fact qualified as force majeure.

Expressly, are considered as cases of force majeure within the meaning of these GTC, in addition to those referred to in article 1218 of the Civil Code and those usually retained by the case law of the Court of Cassation, the following events: war, attack, embargo, defective equipment resulting from a serial disaster, exceptional bad weather, natural disasters, fires, floods or any other event relating to insured damage, interruption of communication networks, strikes and lockouts (including at subcontractors) , mechanical breakdowns, missing driving force, epidemic (coronavirus or other), fact of the prince such as, but not only, any negative development of the applicable regulations or any restrictive measures decided by the government and imposed by decree to deal with an epidemic (coronavirus or otherwise).

Any complaint must be sent to Customer Service whose contact details are indicated in article 1 of these GCS within 15 days of the occurrence of the event giving rise to the complaint.

In any event, excluding bodily injury or intentional damage, and subject to applicable public policy provisions, HERBO VITAL's liability is limited to an amount corresponding to three (3) times the price of the Products ordered and the use of which gave rise to the compensable damage.

ARTICLE 13 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.

13.1 Collection of personal data

The personal data collected on the site www.phytanatura-herbo-vital.com are as follows:

Account opening

When creating the Client / user account:

Surnames, first names, postal address, telephone number and e-mail address.

Payment

As part of the payment of the Products offered on the site www.phytanatura-herbo-vital.com, the latter records financial data relating to the bank account or credit card of the Customer / user.

13.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of co-contractor(s) is (are):

  • Transport providers
  • Payment institution providers

13.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

13.4 restriction of processing

Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

13.5 Duration of data retention

The Seller will keep the data thus collected for a minimum period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

13.6 Security and Privacy

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

13.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the site www.phytanatura-herbo-vital.com have the following rights:

  • They can update or delete the data concerning them as follows:

The Customer who wishes to deactivate his account will inform HERBO VITAL of this by e-mail or registered letter with acknowledgment of receipt addressed to the Contact Department, the contact details of which are indicated in the “Customer Service Information” section. HERBO VITAL undertakes to deactivate the account within a maximum period of 15 days from receipt of this letter.

  • They can delete their account by writing to the email address indicated in article 13.3 "Data controller".
  • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 13.3 "Data controller".
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 13.3 "Data controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 13.3 "Data controller".
  • They can also request the portability of the data held by the Seller to another service provider.
  • Finally, they can object to the processing of their data by the Seller

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, the latter must be motivated.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 14 - Intellectual property

The content of the site www.phytanatura-herbo-vital.com 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 is likely to constitute an offense of counterfeiting.

ARTICLE 15 - Applicable law - Language

These T&Cs and the resulting operations are governed by and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 16 - Disputes

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GCS. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situations.

In the event of a dispute, the customer will first contact the company to obtain an amicable solution.

The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

Center for Mediation and Arbitration of Paris (CMAP)

39 Avenue Franklin D. Roosevelt – 75008 Paris

https://www.cmap.fr/

01 44 95 11 40

The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.

APPENDIX I

Withdrawal form

 

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://www.herbo-vital.com/ except exclusions or limits to the exercise of the right of withdrawal according to the General Conditions of Sale applicable.

To the attention of SARL, HerboVital

Zone Actiloire 37130 CINQ MARS LA PILE

I hereby notify the withdrawal of the contract relating to the property below:

- Order of (indicate the date)

- Order number: ............................................ ...............

- Client name : ............................................. ..............................

- Customer's address: ............................................ ..........................

Signature of the Client (only in the event of notification of this form on paper)