General Conditions of Sale (“General Conditions”)
1. Scope of the General Conditions of Sale
1.1. These General Conditions apply to all purchases of dietary supplements and other products (the “Products”) made on the website https://nutreov.com/en/ (the “Website”) by the customer (“Customer” or “You”).
The Products are sold by one of the companies that make up the NUTREOV group (hereinafter “NUTREOV” or “We”·) which includes:
- The company NUTREOV PHYTHEA, a simplified joint stock company with share capital of €86,800 entered in the Paris Trade and Companies Register under number 444 031 926, intracommunity VAT number FR28444031926, whose registered office is at 66 avenue des Champs-Elysées, 75008 PARIS, France;
- The company NUTREOV PHYSCIENCE, a simplified joint stock company with share capital of €518,000 entered in the Paris Trade and Companies Register under number 485 242 606, intracommunity VAT number FR39485242606, whose registered office is at 66 avenue des Champs-Elysées, 75008 PARIS, France.
CITEO unique identifier: FR212874_01BPOI
1.2. The General Conditions in force at the time of your order and available on the Website are applicable to said order. We may change or modify the General Conditions and you should therefore review the General Conditions applicable to each time you place an order We recommend that you print or save the applicable General Conditions when placing an order.
2. Customer service
Our customer service department will answer any questions you may have regarding placing orders on the Website. You can contact us by telephone at the price of a standard call on 0473838080 on the following days and times: from Monday to Friday between 9 a.m. and 6 p.m., excluding bank holidays. You can also contact us by email at the following address: https://nutreov.com/en/fidelity/, and by postal mail: Laboratoires Nutreov, Customer Service, 5, rue Louis Blériot 63000 CLERMONT-FERRAND
3. Placing an order
3.1. NUTREOV sells and delivers Products in France [mainland] exclusively.
3.2. To purchase the Products, you must:
- be a natural person who is not acting in the course of a commercial, industrial, craft, professional or agricultural activity;
- be at least 18 years old; and
- have the legal capacity to make the purchase.
In placing your order, you expressly declare that you meet the aforementioned conditions.
3.3. To purchase Products, you must create an account with a personal user ID and password. Protect your password and don’t disclose it to anyone as you are liable for any purchase made using your user ID and password. The information required for the creation of the account are as follows; surname and first name, telephone number, billing and delivery postal address, email address. The manner in which your personal data is managed is described in our privacy policy.
4. Products – Packaging – Storage
Information relating to the main characteristics of the Products, particularly their qualities, price, presentation and packaging is provided on the Website.
The photographs on the Website are not contractual.
5. Information on the order process and entering into the contract
5.1. To place the order on the Website, the Customer must select the Products and the quantity desired and add them to “My Basket”.
5.2. A summary of the Products you have added to your basket will be displayed on the Website, along with the total price, including taxes and any other expenses if any, and where applicable additional services you have selected, for you to check before confirming your order. You can correct any input errors before confirming your order. Before entering into the contract, the General Conditions must be reviewed and accepted again. By clicking on the button “Place an order and pay”, you are placing a firm and final order and you are obliged to pay the amount of this order.
5.3. After having placed the order, the Customer will receive a confirmation email enclosing the invoice and General Conditions.
5.4. The contract between yourself and NUTREOV is entered into solely if we accept the order. Once the order is accepted, a contract is entered into on the basis of the General Conditions.
5.5. The order process and the conclusion of the contract are executed in French. Please store the order and these General Conditions on a secure durable medium. For all purchases over the total amount of €120, NUTREOV keeps a record of the contract history for 10 years and the Customer may have access thereto on request sent to NUTREOV, to the following email address: https://nutreov.com/en/fidelity/.
6. Availability of the Products
We will endeavour to ensure the availability of all Products offered for sale on the Website. However, in the case where a Product you have ordered is not available, we are not bound to deliver it. The sale of this Product will be terminated. You will be informed within 48 hours and the price of the Product will be refunded within a maximum period of 10 business days.
7. Price and methods of payment
7.1. The price of the Products are those indicated on the Website at the time of placing the order. NUTREOV is free to change its prices at any time.
7.2. All of the prices of the Products displayed on the Website are displayed in euros and include VAT at the legal rate in force. They do not include delivery costs, which are payable in addition and which are indicated in the order summary. All of the costs are indicated separately on the Website during the order process before placing your firm and final order.
7.3. Payment must be made by bank card or Paypal. The following bank cards are accepted by NUTREOV: Debit card, Visa, Master Card. These payment cards must be issued by a banking or financial institution located in the European Union or Monaco.
7.4. The Customer guarantees to NUTREOV that he/she is authorised as necessary to use the chosen method of payment. Payment is made at the time of placing the order.
7.5. Any transmission of data relating to payment takes place in a secure environment. In particular, when making payment by bank card, the transmission of the bank card number and its validity date, as well as its visual cryptogram (CVV) on the reverse side of the bank card used by the Customer, takes place in a secure environment using the protocols in force on the Internet, on NUTREOV’s service provider’s server: OVH. The communication by the Customer of his/her bank card number is deemed authorisation to debit your account for the amount of the products ordered.
8. Delivery of the Products
Two methods of delivery:
- Standard Delivery by Colissimo within 3-4 business days with shipping costs of €4.90
- Express Delivery by Chronopost with next day delivery for any order placed before midday with shipping costs of €9.90
Standard delivery is free with purchases of €39 and over.
9. Right of withdrawal
9.1. You have a period of fourteen days starting from the date of delivery of the Products to exercise your right of withdrawal, without having to provide a reason for your decision. The delivery day is not included in the calculation of this delivery period, and if the period expires on a Saturday, Sunday or bank holiday, it is extended until the next business day.
9.2. To exercise this right, you must write to NUTREOV at the following address: 5 Rue Louis Blériot 63 100 Clermont Ferrand, within a period of 14 days. The withdrawal form is available here.
9.3. Products must be returned, at your own cost, to the following address: NUTREOV 5 Rue Louis Blériot 63 100 Clermont Ferrand, no later than within 14 days starting from the date on which you sent the withdrawal form to NUTREOV.
9.4. Once the Products have been returned, NUTREOV will proceed with the refund of the price and the delivery costs paid by the customer for the purchase of the Products.
9.5. Bearing in mind the nature of the Products, the right of withdrawal cannot be exercised for Products whose packaging has been opened following delivery.
10. Warranties
10.1. NUTREOV is bound by a legal guarantee of conformity of the goods with the contract under the conditions of article L. 211-4 et seq. of the Consumer Code and a guarantee of latent defects of the goods or services sold under the conditions set out under articles 1641 et seq. of the Civil Code.
10.2. When you implement the legal warranty of conformity, you benefit from a period of two years starting from the delivery of the Product to implement it, and you are during this period exempted from providing proof of the Product’s conformity defect.
You can request a replacement of the Product or a refund.
10.3. You may also decide to implement the warranty against the hidden defects of the Product within the meaning of article 1641 of the Civil Code and in this case, you can choose between the cancellation of the sale or a reduction in the sales price in accordance with article 1644 of the Civil Code.
“Article L.217-4 of the French Consumer Code: The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. He is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where he is responsible for the latter under the contract or they have been performed under his responsibility.”
“Article L.217-5 of the French Consumer Code: In order to comply with the contract the goods must:
1 – be fit for the purpose usually expected of such goods and, where applicable:
a) correspond to the description provided by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
b) possess the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the labelling;
2 – or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by him.”
“Article L.217-12: Action resulting from compliance defect is limited to two years after the delivery of the good.”
“Article 1641 of the Civil Code: The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had he known of the defect”
“Article 1648 of the Civil Code, first paragraph: Action resulting from hidden defects must be taken by the buyer within two years after discovery of the defect”
11. Liability
11.1. NUTREOV will be discharged from its obligation to deliver on the scheduled date, in the case of an event constituting a force majeure (in particular, in the event of a fire, explosion, network failure, flooding, snow, ice, an accident etc.) and as a consequence beyond its control.
11.2. The information provided by the Customer, at the time the order is placed, binds the latter, the Customer undertakes not to use erroneous information or third party information, not to violate the rights of third parties and more broadly not to use the Website in any way that may give rise to civil or criminal liability according to the laws in force. The customer holds NUTREOV harmless against any action that may be brought against it in this respect.
11.3. NUTREOV cannot under any circumstances be held liable:
- In the event of erroneous information or an input error of its contact details by the Customer
- In the event of the incorrect use of its identifiers or the order placement method by the Customer
- in the event of an obvious error in the display of a derisory price.
11.4. NUTREOV, at all stages of the online sales process, is only bound by an obligation of means; it cannot be held liable for technical or material errors,or any direct or indirect damages such as in particular the loss of data, intervention, virus, interruption of service, other involuntary problems or in the case of force majeure resulting both from the use of the Internet network and the Website.
11.5. NUTREOV disclaims all liability:
- for any interruption of access to the Website;
- for the occurrence of bugs;
- for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Website.
11.6. For maintenance reasons, NUTREOV may interrupt access to the Website and will endeavour to warn the Customers in advance. Website customers acknowledge having checked that the computer system used contains no viruses and is in perfect working order.
12. Claims/Mediation
12.1. In the event of a complaint, the Customer must send its request in writing to customer services as indicated in article 2 above.
13. Applicable law
The contract entered into between NUTREOV and the Customer is governed by French law.