GENERAL TERMS AND CONDITIONS OF SALE

Definitions:

Customer(s): means any non-trading natural person who is at least 18 years old and who places Orders for Products on the Website Vitabio belonging to the company Vitagermine SAS for private use.

Vitagermine SAS: means the company that sells Vitabio and Madia Bio Products, subject to these General Terms and Conditions of Sale, registered with the Bordeaux Trade and Companies Register under number 775 586 811, and for which the contact details are as follows:

- Email address: info@vitagermine.com

- Postal address: 7 rue du Pré Meunier, Canéjan, 33612 Cestas Cedex.

Order: any commitment made by the Customer to purchase Products.

Product(s): means Products marketed by Vitagermine SAS under the trademarks Vitabio and Madia Bio.

Login: means the email address required for a Customer to log into the Website Vitabio belonging to Vitagermine SAS and access their account.

Password: means the succession of characters that the Customer must keep confidential and that allows the Customer, together with their Login, to access their account.

Website: means the Website Vitabio belonging to Vitagermine SAS and that can be accessed through the URL address https://www.vitabio.fr.

Intellectual Property Rights: means the intellectual property rights held by Vitagermine SAS (trademarks, designs, patents, copyright)

Delivery(ies): means the transfer to the Customer of the physical possession or the actual handing over of Products.

Transport: means the transport of Products from when the Products are made available in the warehouses belonging to Vitagermine SAS until their Delivery to the Customer.

Article 1. Object of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the contractual relations between Vitagermine SAS and its Customers in connection with any purchase of Products made on the Website.

Any Order automatically entails the Customer's acceptance of these General Terms and Conditions of Sale, the current version of which was updated on 01/02/2019.

 Article 2. Changes to the General Terms and Conditions of Sale

Vitagermine SAS reserves the right to adapt or modify these General Terms and Conditions of Sale at any time.

Any potential changes will be enforceable from when they are placed online and the General Terms and Conditions of Sale in force on the day of the Order will be applied to each Order.

 Article 3. Products

The Products covered by these General Terms and Conditions of Sale are organic food products for children and adults sold under the trademarks Vitabio and Madia Bio, including fruit pouches, fruit & vegetable pouches, dairy pouches, cereals, breakfast powders, dishes, fruit and/or vegetable juices, smoothies, spreads, snacks, desserts, food supplements and superfoods.

The key characteristics of the Products and their prices are specified in the Product descriptions on the Website before any purchase made by the Customer.

Article. 4. Order process and confirmation

To place an Order on the Website:

the Customer logs in by creating an account using a form to fill in containing the following compulsory information: title, surname, first name, Customer's email address, Password, or, if the account has already been created, the Customer must enter their Email and Password in the relevant fields;

the Customer selects the Products of their choice on the Website and can view their basket, which they can edit by clicking on it;

the Customer then enters the billing address and Delivery address for the Products before choosing their preferred Delivery method from the options offered on the Website;

the Order summary is updated based on the Delivery method chosen and any additional charges incurred; 

the Customer selects the payment method (Visa or Mastercard) and agrees to the General Terms and Conditions of Sale by ticking the relevant box located near a hypertext link that redirects to the General Terms and Conditions of Sale;

the Customer has the option to verify and modify their Order before entering their banking details;

the Customer clicks on the button "Order and pay" to confirm their Order.

Confirmed Orders cannot be modified.

The Order confirmation will be available for the Customer to view directly online and will be sent to the Customer by email to the email specified by the Customer on the registration form.

This Order confirmation email will acknowledge receipt of the Order.

The Customer will also have access to the Product(s) included in the Order by logging into their account using their Login and Password.

Article 5. Right of withdrawal

5.1. Extent of the right of withdrawal

Customers have the right to withdraw without giving any reason and return their Product(s) within fourteen (14) clear days from their Delivery date.

However, in accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to Products:

likely to deteriorate or expire rapidly;

that have been unsealed by the Customer after Delivery and that cannot be returned on the grounds of hygiene or health protection.

5.2. Procedures for exercising the right of withdrawal

 To exercise their right of withdrawal, the Customer must notify of their intention to withdraw using a clearly worded statement expressing their wish to withdraw sent by email to the following address: info@vitagermine.com.

The Customer must return the Product subject to the right of withdrawal within fourteen (14) days following the notification of their decision to withdraw sent to the following postal address: société VITAGERMINE SAS, 7 rue du Pré Meunier, Canéjan, 33612 Cestas Cedex.

The Product in question must be returned to Vitagermine SAS:

in its original packaging in perfect condition for resale (not damaged),

accompanied by the sales invoice that makes it possible to identify the Customer.

The Customer shall bear the cost of returning the Products.

The Products returned will be subject to a refund equal to the purchase price of the Products and the delivery fees, excluding any additional costs linked to returning the Products.

The refund will be made within fourteen (14) days from the date on which Vitagermine SAS is informed about the Customer's decision to withdraw, provided Vitagermine receives the Products within this time.

However, this refund period will be deferred until Vitagermine SAS receives the Products or until the Customer provides proof that the Products have been shipped.

Vitagermine SAS will make the refund through the same payment method that the Customer used to place the Order.

Article 6. Prices and payment methods

Vitagermine SAS reserves the right to modify the sales prices for Products at any time, it being specified that the sales prices for Products are set by the rate in force at the time that the Order is placed.

Prices for Products always include all taxes and are given in euros.

The price shall be payable in cash and immediately after the Order is confirmed.

Payment is to be made by a Visa or Mastercard debit or credit card.

Article 7. Delivery

7.1 Terms of Delivery

Deliveries are made exclusively in mainland France to the delivery address indicated by the Customer during the Order process.

Delivery methods and delivery costs are indicated during the Order process.

Deliveries are made:

via Chronopost for home delivery

7.2 Delivery time

 In accordance with Article L. 216-1, al. 2 of the Consumer Code, the maximum delivery time is 30 days from the Order of the Product; the company VITAGERMINE SAS will provide the Customer with an estimated delivery time during the Order process, according to the delivery method selected by the Customer.

7.3 Delay in Delivery

In the event of late Delivery, the Order is not automatically canceled.

The delay in Delivery exceeding seven (7) working days from the latest Delivery date indicated by the company VITAGERMINE SAS, and not due to a case of force majeure, gives the Customer the option to cancel his Order by sending its request to VITAGERMINE SAS - taking care to communicate its Order number - by e-mail to the following e-mail address: info@vitagermine.com.

The Customer will obtain a refund of the total price of his Order within 30 working days of the cancellation of his Order, excluding any compensation.

7.4 Delivery and conformity of the Products

Delivery is deemed to have been made as soon as the Product is made available by the carrier to the Customer.

When the Products are delivered, it is the Customer's responsibility to check the condition of the package containing the Products and to make any reservations which they deem justified or to refuse the package if:

the said package appears to be damaged,

said package appears to have been opened.

The Customer will address his reservations to the carrier by registered letter with acknowledgment of receipt within four (4) working days of Delivery of the Products, it being understood that VITAGERMINE SAS assumes, in principle, the risks of Transport to the Customer.

The risks relating to the Products are borne by the Customer, from their taking physical possession by the Customer or by a third party designated by him; Exceptionally, the risks relating to the Products are borne by the Customer, upon delivery to the carrier, in the event that the latter has been chosen by the Customer and outside the modes of transport offered by VITAGERMINE SAS.

Article 8. Legal guarantees

8.1. Lack of conformity

In accordance with the legal provisions in force (articles L. 217-4 to L.217-14 of the Consumer Code):

the Product (s) ordered must be suitable for the use usually expected of a similar good, correspond to the description given by the company VITAGERMINE SAS and have the qualities that it presented to the Client (with the exception of non-contractual visuals);

the Product (s) ordered must / must have the qualities that a Customer can legitimately expect given the public statements made by VITAGERMINE SAS, in particular in advertising.

The company VITAGERMINE SAS undertakes:

either to replace the non-conforming Product with an identical Product (depending on stock availability),

either to exchange the nonconforming Product with a Product of equivalent price and quality (depending on stock availability),

either to reimburse the Customer for the price of the non-compliant Product under the conditions set out in Article 3 of these general conditions of sale.

8.2. Hidden defects

Any hidden defect which renders the Product (s) ordered unfit for the use for which it (s) are intended, or which reduces this use to such an extent that the Customer does not would not have acquired, or would have given a lower price, if he had known him.

In accordance with the legal provisions in force (articles 1641 to 1649 of the Civil Code), the company VITAGERMINE SAS undertakes:

either to reimburse in full the price of defective, damaged or damaged Products;

either to reimburse part of the price of defective, damaged or damaged Products, if the customer wishes to keep said Products;

or, if the Customer wishes, to exchange the apparently defective, damaged or damaged Products with Products of equivalent price and quality (depending on stock availability).

This warranty against hidden defects runs for two years from the discovery of the defect.

Under the terms of article 2232 of the Civil Code, the postponement of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of the extinctive limitation period beyond twenty years from the date of the birth of law.

8.3. Implementation of guarantees and after-sales service:

In the event of a lack of conformity or hidden defects affecting the Product, and without prejudice to his possible right of withdrawal, the Customer must report this, within the allotted time, in detail by e-mail to the following e-mail address: info @ vitagermine.fr and send the Product to the following postal address: VITAGERMINE SAS, 7 rue du Pré Meunier, Canéjan, 33612 Cestas, accompanied by the sales invoice identifying the Customer.

In cases where a lack of conformity or a hidden defect affecting the Product is proven and not due to the Customer, the Customer can obtain the reimbursement within 30 days of receipt of the complaint by the company VITAGERMINE SAS.

The initial and return shipping costs will be reimbursed to the Customer (excluding additional costs resulting from the fact that the Customer has chosen, where applicable, a more expensive delivery or shipping method than that offered by VITAGERMINE SAS).

Article 9. Responsibilities and force majeure

The online ordering implies on the part of the Customer knowledge and acceptance of the characteristics and limits of the Internet.

As such, VITAGERMINE SAS cannot be held liable in particular with regard to:

technical performance or malfunctions;

response times to consult, query or transfer information;

service interruptions due to the characteristics and limitations of the Internet network;

the lack of protection of certain data against hijacking, intrusions, and the risk of contamination by viruses circulating on the network, hacking of Customer data.

It is the Customer's responsibility to take all appropriate measures to protect their own data, programs and files.

VITAGERMINE SAS cannot be held responsible for any damage that may result from the aforementioned risks such as loss of data or damage to IT equipment.

VITAGERMINE SAS cannot also be held responsible:

the failure to receive data relating to the Customer's Order taking for any reason (Internet connection problem);

the receipt of data relating to the Customer's Order taking which is incomplete, illegible or impossible to process;

The company VITAGERMINE SAS cannot be held responsible in the event of a fortuitous event or an event of force majeure. The occurrence of such a case has the effect of suspending the performance of the contractual obligations of the company VITAGERMINE SAS.

Article 10. Intellectual property

VITAGERMINE SAS is the exclusive holder of all Intellectual Property Rights relating to the Products and to the structure and content of the Website, unless expressly stated otherwise.

The sale of the Products does not in any way entail the transfer, for the benefit of the Customer, of the Intellectual Property Rights attached to the Products of which the company VITAGERMINE SAS is exclusively the holder.

Any reproduction, exploitation, distribution or use for any purpose whatsoever, even partially, of all or part of the attached Intellectual Property Rights:

to the Products of the company VITAGERMINE SAS,

the structure and content of the VITABIO website of the company VITAGERMINE SAS,

without the express prior authorization of the company VITAGERMINE SAS exposes offenders to legal proceedings.

These actions would indeed be likely to constitute an infringement of Intellectual Property Rights within the meaning of Articles L. 335-2 and following, Articles L.515-1 and following, L.521-1 and following, Articles L.615 -1 et seq., Articles L.615-12 et seq., And Articles L. 716-1 et seq. Of the Intellectual Property Code.

Article 11. Settlement of disputes and applicable law

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

In the event of a dispute, in particular on the interpretation or execution of these general conditions of sale, it is agreed that the Customer and the company VITAGERMINE SAS will consult together in order to reach an amicable agreement.

To this end, VITAGERMINE SAS provides Customers with customer service that can be reached by email at the following address: info@vitagermine.com

In the absence of a direct amicable agreement with the customer service of the company VITAGERMINE SAS, or in the absence of a response from this service within a reasonable time, the Customer may submit the dispute free of charge to an external mediator, by sending his request for payment. amicable dispute at the mediation service of the Paris Mediation and Arbitration Center (CMAP):

  • either via a form made available on the mediateur-conso.cmap.fr website;
  • either by email to the following address: Consommation@cmap.fr;
  • either by regular or registered post to the following address: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.

Whatever the means used to contact the CMAP mediation service, the Client will send it the following information:

  • his postal address,
  • his e-mail address,
  • his telephone number,
  • the name and address of the company VITAGERMINE SAS,
  • written proof of the preliminary steps taken with the company VITAGERMINE SAS.

In accordance with article L.612-2 of the Consumer Code, a dispute cannot be examined by the consumer mediator when:

  • the Customer does not justify having tried, beforehand, to resolve his dispute directly with the company VITAGERMINE SAS by a written complaint;
  • the Customer's request is manifestly unfounded or abusive;
  • the Client's request has been previously reviewed or is under review by another mediator or by a court;
  • the Customer has submitted his request to the mediator within a period exceeding one year from his written complaint to the company VITAGERMINE SAS;
  • the dispute does not fall within the competence of the mediator.

The Client remains free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In the absence of an amicable resolution, any dispute or any dispute relating to the interpretation and / or execution of these general conditions of sale will be brought, at the choice of the applicant (the company VITAGERMINE SAS or the Customer) before the court of the place of domicile of the defendant, or the place of actual delivery of the Product. Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.