ARTICLE 1: GENERAL
The present General Conditions of Sale (hereinafter referred to as “GCS”) govern all relations between ArboSanté Laboratoires and anyone wishing to place an Order (hereinafter referred to as the “Customer(s)) of one or more health solutions marketed by ArboSanté Laboratoires (hereinafter the “Product (s)“) on its Website store.arbosante.com
These present GCS supplement the general conditions of use of the Website www.store.arbosante.com available at any time on the Website under the heading “Legal Notice” and is applicable to the Customer.
Sales are exclusively governed by the provisions applicable under French law, when a contract is created between ArboSanté Laboratoires and its Customer and by these present General Conditions of Sale, which form an integral part of any contract relating to the sales by ArboSanté Laboratoires. This contract is executed in French.
The Website www.store.arbosante.com (hereinafter referred to as the “Website”) is published by:
ArboSanté Laboratoires by Lavoisier Family Services
6Th Floor, Tower A, 1 Cybercity, Ebene, Mauritius
Licence n° : C116016223
ARTICLE 2: PRODUCTS
The Products offered by ArboSanté laboratoires on the Website remain in effect as long as the Products are available on the Website, and depending on availability of stocks.
Prior to his Order, the Customer may take cognisance of the essential characteristics of the Product(s) he wants to Order, on the Website. ArboSanté Laboratoires invites the Customer to refer to each Product description to know their specific characteristics. In case of doubt or if the Customer requires further information, he may contact ArboSanté Laboratoires by email on the following address email@example.com
The Products offered on the ArboSanté Laboratoires Website comply with the French legislation in force and standards applicable in France. ArboSanté Laboratoires cannot be, in any case, be held responsible for the misuse of the Products on sale on the Website, including a usage other than the intended use of a Product, or the non-respect of Product storage instructions.
ARTICLE 3: PRICE
On the Product presentation page on the Website, the Products prices are indicated in the EUR currency, including all taxes but excluding handling and delivery charges. Delivery charges may apply and are specified to the Customer prior to any final Order confirmation. Any Order, regardless of their origin, are payable in the EUR currency.
The Products prices may change depending on the commercial policy of ArboSanté Laboratoires. The Products will be, in any case, charged at the rates applicable on the Website at the time of the final validation of the Order. The price of each Order, including the delivery charges, is payable in full at the Order. Otherwise, no delivery will be processed, and the sale is deemed to be cancelled on the initiative of the Customer.
ARTICLE 4: ORDER
4.1. Registration and creation of an account
To place an Order, the Customer may either create an account or continue as a guest. In the case of the creation of an account, the login will be the Customer’s email address. However, it is for the Customer to choose his password. The Customer shall regularly update his password on the “My Account” page. It is strongly recommended not to choose a password composed of a common word but rather to alternate figures and letters.
Upon registration, the Customer receives a confirmation email. The Customer is solely responsible for his password and of its usage. He expressly agrees to safe keep same and not to communicate same to anyone under any circumstances.
4.2. Registration of an Order
To place an Order, the Customer selects the different Products they want to but by clicking on their description card. He chooses the number of selected Products and then click on the “Add to Cart” button. Each new addition to the cart is indicated to the Customer in his Order summary.
The Customer will not be able to process the Order if he does not tick in the box “Read and Accept the Conditions of Sale”. By ticking in the box “I have read and accept the conditions of sale”, the Customer materializes his full acceptance of this present GCS and to the specific sale conditions applicable to each Order placed and as set out on his screen (Product(s) description, price, weight, quantity, etc.).
For instance, when the Customer tick the above-mentioned box, he acknowledges having read and accepted the particular conditions of sale, without any restriction. Before the final acceptance of his Order, the Customer can verify the Order details, the Order price including all taxes, with the applicable charges and can rectify any mistake on his Order.
ARTICLE 5: PAYMENT
In accordance with article L. 221-14 of the “Consumer Code”, the Customer is informed that the Orders are with the payment obligation. The price is immediately due on the date of the Order.
Any payment by cheque is not allowed. Accordingly, the Customer must have a bank card that is accepted by the banking institution in charge to proceed with the online payments (CB, Visa, Mastercard), the validity of which will be verified and confirmed by the payment server of this banking institution.
It is specified that the details of the bank card are secured by encryption via the system known as “3D Secure” so as to protect, as effectively as possible, all the data related to the means of payment, and that the Customer’s banking card details will not be stored on the informatic system of ArboSanté Laboratoires, but rather on that of the bank in charge of making payments online. Any online payment made on the Website implies an immediate debit.
The delivered goods remain the property of ArboSanté Laboratoires until the Customer fulfills all of his obligations and more specifically until settlement of the price in full.
ARTICLE 6: PAYMENT VALIDATION
In Order to limit the risks of fraud and to protect the interests of its Customers, ArboSanté Laboratoires may be required to carry out checks on the validity of payments made. In case of a control, the Customer is notified by email of the supporting documents to be sent to ArboSanté Laboratoires, so as to allow a final validation of his Order.
At the term of this possible control, ArboSanté Laboratoires reserves the right to accept or reject the Order. In case of non-receipt of the supporting documents within a 48 hours period, ArboSanté Laboratoires reserves the right to refuse the validation of the payment and therefore to reject the Order. In case of receipt of documents deemed to be non-compliant, ArboSanté Laboratoires reserves the right to reject the Order.
ARTICLE 7 : DELIVERY
ArboSanté Laboratoires delivers exclusively in France and Luxembourg.
7.1. DELIVERY PERIOD
The delivery period includes the preparation time of the package by ArboSanté Laboratoires and the time of delivery by the carrier. In case of delays taken by the carrier, the responsibilities of ArboSanté Laboratoires cannot be committed for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be claimed from ArboSanté Laboratoires.
The purchases receipts are sent by email to the email address provided by the Customer upon his registration on the Website of ArboSanté Laboratoires.
7.2. PRODUCT AVAILABILITY
ArboSanté Laboratoires agrees to deliver Orders within the limits of available stocks. Consequently, in case of unavailability of one of the Products, the Customer will be informed, when finalising his Order posted on the web page and the sale cannot be made.
However, despite the care taken by ArboSanté Laboratoires in the management of its stocks and the means it has implemented for this purpose, errors may exceptionally be mentioned on the availability of its stocks. In this case, ArboSanté Laboratoires will inform the Customer by email, of the availability of Product(s) as soon as possible. ArboSanté Laboratoires will then take the appropriate steps to refund the price of the unavailable Product(s). The bank account corresponding to the credit card details given at the time of the Order will then be re-credited with the amount paid, within thirty (30) days from the notification sent to the Customer. The bank account linked with the bank card will be re-credited of the amount paid, with a delay of 30 days as from the day the Customer is notified.
7.3. DELIVERY TERMS
Colissimo delivery for Metropolitan France and Corsica.
The package will be delivered at the address indicated by the Customer upon Order. In case of absence, it will be up to the carrier to advise the Customer and the Customer must take the necessary measures to retrieve the delivered Products within the time specified by it. The Customer must provide a valid telephone number in Order for him to be notified of the delivery at the post office. The Customer must be able to provide proof of identification and if necessary, the number attributed to his Order.
The carrier informs the Customer where and when to retrieve his package within a period of 14 days. After this period, the package is returned to the sender, and ArboSanté Laboratoires reserves the right to invoice the Customer for any possible return fees.
At the time of delivery, the Customer agrees to sign the delivery note that may be presented to him. He may, if necessary, make any remark concerning the delivery of his Order. By signing the delivery note, the Customer acknowledges having received the described Order in good condition.
In accordance with article L. 216-4 of the “Consumer Code”, the Customer is informed that the transfer of risks takes place only when the Customer or a third party designated by him, and other than the Post Office (in charge of the delivery), physically takes possession of the package. In the case where the packages show signs of break-in or ill-treatment during reception, the reserves of use must be made to the carrier. No claim will be accepted after a period of 7 clear days following Order delivery. No dispute relating to the delivery itself is possible if the package appears to have been delivered, based on the computer system (flashing) of the Post Office.
If the Customer finds that the Products are defective or damaged or do not correspond to his Order, he must make a detailed complaint in writing accompanied by a photo to ArboSanté Laboratoires on the email address firstname.lastname@example.org, within three clear days. Any complaint formulated outside this period will not be accepted.
The Customer must send back the Product(s) to ArboSanté Laboratoires at the address below:
ZI Carros – 1ère avenue 4989M
06517 Carros – France
After examination and on a case to case basis, ArboSanté Laboratoires will have the possibility to refund the Product (s), excluding any exchange. In this case, the return costs will be refunded to the Customer.
The refunds will be made within a 15 days period following reception of the Product(s) by ArboSanté Laboratoires.
ArboSanté Laboratoires will do the refunds by crediting the Customer’s bank account that was used for the Order.
The Customer is committed to ArboSanté Laboratoires by the information relating to his contact details and the delivery and billing details, should they be different. Therefore, in case of error in the name of the addressee’s details (including surname, first name, street name and number, postal code, city name, phone number or email), ArboSanté Laboratoires cannot be held responsible for the impossibility in which it could be to deliver the Order.
Delivery modes for other countries, except for those mentioned in article 7
ArboSanté Laboratoires reserves the right to change the international carrier if it deems necessary. It is understood that this choice from ArboSanté Laboratoires will be of no consequence for the Buyer.
Delivery by IMX for Luxembourg
On delivery, the Buyer or the recipient of the Order is delivered by the agent of the company IMX and electronically signs an acknowledgment of receipt. This electronic acknowledgment is proof of the delivery by ArboSanté Laboratoires, and the proof of receipt by the Buyer or the recipient of the Order, of the Products Ordered.
In case of absence, the Buyer or the recipient of the Ordered Products receives a notice of delivery, which allows him to contact the carrier with the contact details indicated on the notice of delivery so as to agree on another day of delivery. IMX reserves the right to deliver to any person appearing to have the authority to accept the delivery of the item on behalf of the recipient (such as a person in the same premises as the recipient or a neighbor thereof). The recipient will be informed of all alternate delivery options, by an information note to be left at his address.
No claim relating to the delivery itself is possible if the package appears to have been delivered, as proven by the computer system (flashing) of the carrier.
ARTICLE 8: CANCELLATION RIGHT
In accordance with article L. 121-21 of the “Consumer Code”, the Customer has a period of fourteen (14) clear days, as from the date of receipt of the package containing the Products Ordered, to exercise his right of cancellation without having to justify his decision, nor to pay any penalty. When the period of fourteen (14) clear days expires on a Saturday, a Sunday or a public holiday, it is extended to the next working day.
To exercise the cancellation right, the Customer must notify ArboSanté Laboratoires, by e-mail on the address email@example.com, its decision of cancel by means of a declaration without ambiguity, expressing its will to cancel, by indicating in particular his identity, his delivery and billing address (if they are different), the Order number, the date of receipt of the Order. For this purpose, ArboSanté Laboratoires provides the Customer with a prescribed cancellation form.
(Kindly fill and send back this form only if you wish to cancel the contract)
To: ArboSanté Laboratoires Email address: firstname.lastname@example.org
I/We [*] hereby inform you that I/we cancel our sale contract of the following Product(s) [*],
Ordered on [*], and received on [*],
Name of Customer(s),
Address of Customer(s)
[*] Delete where appropriate
ArboSanté Laboratoires will acknowledge receipt of the cancellation by email. In accordance with article L. 121-21-3 of the “Consumer Code”, the Customer undertakes to return the Product(s) for which he has exercised his right of cancellation, at his own costs, within fourteen (14) days following the notification to ArboSanté Laboratoires of his cancellation right.
In Order to facilitate the refund, the Product(s) must be returned, in its entire state and its original packaging in good condition, neither opened nor tampered with and be accompanied by the delivery note, to the following address:
ZI Carros – 1ère avenue 4989M
06517 Carros – France
The return shipping costs are exclusively the sole responsibility of the Customer. However, the Customer is warned that a compensation may be claimed if the Product has been used in a way that does not comply with the principles of civil law.
The exercise of the cancellation right gives rise to a refund of the Customer within thirty (30) days from the date on which this right is exercised by the Customer. The refund of the Customer will be made by any means of payment.
The refund of the Customer will include the refund of any amount paid, including the shipping costs of the Product, excluding the cost of return. In accordance with the provisions of article L. 121-21-4 of the Consumer Code, ArboSanté Laboratoires will proceed to the refund upon receipt of the goods or upon receipt of proof of shipment of the goods, the date selected being that of the first of the above happening.
ARTICLE 9: RESPONSIBILITY
The Buyer, prior to his Order, declares to have full legal capacity, allowing him to engage under these General Conditions of Sale. ArboSanté Laboratoires cannot, under no circumstances, be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person, lacking legal capacity, ordered articles on the ArboSanté Laboratoires Website, his legal representatives (parents, guardians in particular) would have to assume full responsibility for this Order and should, in particular, pay the price.
The responsibility of ArboSanté Laboratoires under the obligations of these General Conditions of Sale cannot be engaged in the case where the non-performance of its obligations would be attributable to the fact of a third party, even if it is foreseeable, at the Customer’s fault, or at the occurrence of an event of force majeure as defined by the French courts or any other event that has not been reasonably under the exclusive control of ArboSanté Laboratoires.
Any claim by a user, including any Customer, against Arbosante laboratoires, must be made within one month of the occurrence of the event, subject of the complaint.
ARTICLE 10. PROOF
The Customer expressly acknowledges that the input of any login and password amounts to proof of his identity and gives his consent to all operations made on the Website following his identification.
The Customer must ensure that his e-mail address remains valid during the period of registration on the Website running the risk of not being able to access it, in case of loss of his password.
The Customer’s account is strictly personal and cannot be transferred by any means to a third party, even for free.
The Customer hereby expressly accepts that the automatic registration system of ArboSanté Laboratoires are considered as proof:
– of the usage of his login and password, and the dates and time of this usage
– of the contents saved by the Customer in his “My Account” space
– of the nature, the substance, the date and time of all exchanges between the staff of ArboSanté Laboratoires made from the Website,
– and more widely, of all the information exchanged from within the website and the Customer.
ArboSanté laboratoires cannot be held responsible for any prejudice that the Customer would suffer as a result of use by a third party of his username and password. In case of loss, misuse or fraudulent use of all or part of his username and password, the Customer must immediately notify ArboSanté Laboratoires. He remains responsible for any use made of its username and password before having informed ArboSanté Laboratoires and that it could, within a reasonable time, change them. In the case where a Customer would distribute or use his username other than for its purpose, ArboSanté Laboratoires reserves its right to terminate the contract and to delete his access to “My Account” including all registered information without any notice nor indemnity. ArboSanté Laboratoires may also take legal action to obtain compensation for any damage it might suffer as a result of such dissemination or usage.
These provisions are expressly considered as being substantial between the parties.
ARTICLE 11: INTELLECTUAL PROPERTY
The ArboSanté Laboratoires brand, as well as all of the figurative marks or not and all the illustrations, images and logotypes and any content appearing on the Website are and shall remain the exclusive property of ArboSanté Laboratoires in respect of copyright as well as to the title of the intellectual property and for the whole world.
The Website, as well as the softwares, structures of the databases, texts, information, analyses, images, photographs, graphics, logos, sounds, marks, or any other information contained on the Website are the exclusive property of ArboSanté Laboratoires or, where appropriate, of the respective owners with which ArboSanté Laboratoires has concluded usage agreements.
Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, or any other content of the Website for any reason and on any medium whatsoever, without the express, written prior agreement of ArboSanté Laboratoires, is strictly prohibited. It is the same for all copyrights, designs, patents listed and/or used on Website.
ARTICLE 12: APPLICABLE LAW AND COMPETENT JURISDICTION
All clauses stated in this GCS, including all buying and selling transactions in relation thereto, are subjected to French law. Any dispute relating to the interpretation, execution, the termination of the contract entered between the Customer and ArboSanté Laboratoires will be of the exclusive jurisdiction of the competent French Courts in application of the rules laid down by the Civil Procedure French Code.
ARTICLE 13: CUSTOMER ACCEPTATION
The present General Conditions of Sale together with the prices are expressly hereby approved and accepted by the author of the order, which declares and acknowledges to have a perfect knowledge of same, and hereby waives, the right to use any contradictory document, and precisely, its own general terms of purchase, of which the confirmation of the order resulting in the acceptance of the present general conditions of sale.
In accordance with article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form, you can view the details of your order and the total price, rectify any potential errors, before you validate same to confirm your acceptance.
ArboSanté Laboratoires reserves its right to modify, at any time, the present General Conditions of Sale. Nevertheless, the General Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.
The GCS is applicable throughout the period during which the Products are offered online by ArboSanté Laboratoires up to the end of the legal and contractual warranties. In any event, the “responsibility” clause will survive the extinction of the GCS.
ARTICLE 14: PERSONAL DATA
ArboSanté Laboratoires attaches great importance to the protection of the personal data and is committed to ensuring the Customer visiting the Website that his privacy is protected. This section is intended to inform the Customer of the treatment of his personal data i.e. data that allows to identify him, directly or indirectly, as well as his rights with respect to the handling of same.
The Customer is hereby informed that his registration as well as his use of the Website give way, for ArboSanté Laboratoires, to the automatic collection and treatment of personal data concerning him, whose usage is subject to the provisions of the law no. 78-17 of 6 January 1978 relating to computing, files and to freedoms as amended by law No. 2004-801 of 6 August 2004.
The Customer’s personal data are needed by ArboSanté Laboratoires to process the order and to manage the commercial relationship. They are registered in a Customer’s account of the Company. In accordance with the Computing and Freedom law of 6 January 1978, the Customer has a right of access and rectification of the personal data related to him as well as a right of objection, for valid reasons, to the processing of these data, that he may exercise by writing to the address below:
ArboSanté Laboratoires by Lavoisier Family Services – 6Th Floor, Tower A, 1 Cybercity, Ebene, Mauritius
The respect for privacy, as well as the protection of personal information that the Customer communicates to ArboSanté Laboratoires are essential and ArboSanté Laboratoires strives to secure them by implementing all the means at its disposal to preserve the security of the data and, especially, to prevent that they are distorted, damaged, or accessed by unauthorized third parties.
Desirous to better meet the expectations of the Customer, it is possible that ArboSanté Laboratoires shares certain information with its service providers, qualified as “subcontractors” within the meaning of the above-mentioned law (for example, the provision of services computing systems, customer services). In all other cases, the personal data will not be communicated to a third party without the prior consent of the Customer.
ARTICLE 15. FUNCTIONING OF THE WEBSITE
The Website is usually accessible 24 hours a day, 7 days a week except in case of force majeur or event beyond the control of ArboSanté Laboratoires.
In addition, the operation of the Website may be momentarily diminished or interrupted, in whole or part and for all or part of the Customers, for cases, including maintenance, update or technical improvement, without prior notice. Since ArboSanté Laboratoires is not engaging itself to the performance of the Website, the responsibility of Arbosante laboratoires cannot not be committed.
ArboSanté Laboratoires cannot not be held responsible for the nonfunctioning, an impossibility of access or malfunctioning of the Website due to the use of inappropriate equipment, malfunctioning of the network service provider of the Customer to the internet network. It will be the same for all other external reasons outside ArboSanté Laboratoires.
Furthermore, the Customer acknowledges that the characteristics and constraints of the internet network cannot guarantee the total security, availability, and integrity of data transmissions. As a result, ArboSanté Laboratoires does not guarantee that the Website will operate without interruption or error.
Finally, since the internet is accessible to all, and more specifically to ill-intentioned people, the Customer acknowledges that ArboSanté Laboratoires cannot guarantee the absolute secrecy of exchanges made available on the Website.