General Terms and Conditions

1. Scope of the General Terms and Conditions of Sale

1.1. These General Terms apply to all purchases of dietary supplements and other products (the “Products”) made on the Site www.nutreov.com (the “Site”) by the customer (“Customer” or “You”).

The Products are sold by one or other of the companies forming the NUTREOV group (hereinafter “NUTREOV” or “We”), which includes:

• NUTREOV PHYTHEA, a simplified joint-stock company (SAS) with share capital of €86,800, registered with the Paris Trade and Companies Register (RCS) under number 444 031 926, intra-Community VAT number FR28444031926, with its registered office at 66 avenue des Champs-Élysées, 75008 PARIS, France;
• NUTREOV PHYSCIENCE, a simplified joint-stock company (SAS) with share capital of €518,000, registered with the Paris Trade and Companies Register (RCS) under number 485 242 606, intra-Community VAT number FR39485242606, with its registered office at 66 avenue des Champs-Élysées, 75008 PARIS, France.

Unique Citeo identifier: FR212874_01BPOI

1.2. The General Terms in force at the time of your order and made available on the Site apply to that order. We may change or modify the General Terms, and you must therefore review the General Terms applicable to each new order placed. We recommend that you print or save the General Terms applicable at the time you place your order.

2. Customer Service

Our customer service team will answer any questions you have about orders placed on the Site. You can reach us by phone, at the cost of a standard call, at 0473838080, on the following days and times: Monday to Friday, 9 a.m. to 6 p.m., excluding public holidays. You can also reach us by email at nutreovetmoi@nutreov.com, and by post at: Laboratoires Nutreov, Service Consommateurs, 5 rue Louis Blériot, 63000 CLERMONT-FERRAND.

3. Placing an Order

3.1. NUTREOV sells and delivers Products exclusively within [mainland] France.

3.2. To purchase the Products, you must:

• be a natural person not acting within the scope of a commercial, industrial, craft, professional, or agricultural activity;
• be at least 18 years old; and
• have the legal capacity to make the purchase.

By placing an order, you expressly declare on your honor that you meet the above conditions.

3.3. To purchase the Products, you must create an account with a personal username and password. Protect your password and do not disclose it to anyone, as you are responsible for any purchase made using your username and password. The information required to create an account is as follows: last name and first name, phone number, billing and delivery postal address, email address. How your personal data is handled is described in our privacy policy.

4. Products – Packaging – Storage

Information relating to the essential characteristics of the Products, including their qualities, prices, presentation, and packaging, is provided on the Site.

Photographs appearing on the Site are not contractually binding.

5. Information on the Ordering Process and Conclusion of the Contract

5.1. To place an order, the Customer must select the Products and desired quantity on the Site and add them to “My Cart.”

5.2. Before confirming the order, We will display on the Site a summary of the Products you have selected in your cart, the total price (including taxes and any other fees, if applicable), as well as any additional services you have selected, if applicable, so that you can check them. You may then note any input errors and correct them before confirming your order. Before the contract is concluded, the General Terms must be reviewed and accepted again. By clicking the “Place order and pay” button, you place a firm and final order and are obligated to pay the amount of that order.

5.3. After placing the order, the Customer will receive a confirmation email including the invoice and the General Terms.

5.4. The contract between you and NUTREOV is concluded only if we accept the order. As soon as the order is accepted, a contract is formed on the basis of the General Terms.

5.5. The ordering process and the conclusion of the contract take place in French. Please keep the order and these General Terms on a durable and secure medium. For all purchases with a total amount exceeding €120, NUTREOV retains the contract history for 10 years, and the Customer may access it upon request sent to NUTREOV at the following email address: nutreovetmoi@nutreov.com.

6. Product Availability

We make every effort to ensure the availability of all Products offered for sale on the Site. However, if a Product is unavailable, we will not be obligated to deliver it. The sale of that Product will be cancelled, 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. Prices and Methods of Payment

7.1. Product prices are those shown on the Site at the time the order is placed. NUTREOV is free to change its prices at any time.

7.2. All Product prices displayed on the Site are shown in euros and include VAT at the legal rate in force. They do not include delivery charges, which are payable in addition and appear in the order summary. All charges are shown separately on the Site during the ordering process before you place your firm and final order.

7.3. Payment must be made by credit card or PayPal. The credit cards accepted by NUTREOV are: Carte Bleue, Visa, and MasterCard. 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 they have the necessary authorizations to use the payment method chosen for their order. Payment is made at the time of the order.

7.5. All transmission of payment-related information takes place in a secure environment. In particular, when paying by credit card, the transmission of the card number, expiry date, and visual cryptogram (CVV) on the back of the card used by the Customer takes place in a secure environment using protocols in force on the Internet, on the server of NUTREOV’s service provider: OVH. The Customer’s communication of their credit card number constitutes authorization to debit their account for the amount of the order.

8. Delivery of Products

Two delivery methods:

• Standard Delivery via Colissimo, 3–4 business days, with a shipping contribution of €4.90
• Express Delivery via Chronopost, next-day delivery for any order placed before noon, with a shipping contribution of €9.90

Standard delivery is free for orders of €39 or more.

9. Right of Withdrawal

9.1. You have fourteen days from the date of delivery of the Products to exercise your right of withdrawal, without having to justify your decision. The day of delivery is not counted in calculating this period, and if the period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day.

9.2. To exercise this right, you must send NUTREOV, at the address 5 Rue Louis Blériot, 63100 Clermont-Ferrand, within the 14-day period, the withdrawal form available here.

9.3. The Products must be returned, at your expense, to the following address: NUTREOV, 5 Rue Louis Blériot, 63100 Clermont-Ferrand, no later than 14 days from the date on which you communicated the withdrawal form to NUTREOV.

9.4. Upon return of the Products, NUTREOV will refund the price and delivery charges paid by the Customer for the purchase of the Products.

9.5. Given the nature of the Products, the right of withdrawal cannot be exercised for Products whose packaging has been opened after delivery.

10. Warranties

10.1. NUTREOV is bound by the legal warranty of conformity of the goods with the contract under the conditions set out in Article L. 211-4 et seq. of the Consumer Code, and by the warranty against hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

10.2. When you exercise the legal warranty of conformity, you have a period of two years from delivery of the Product to act, and during this period you are exempt from having to prove the existence of the Product’s lack of conformity.

You may request replacement or reimbursement of the Product.

10.3. You may also decide to invoke the warranty against hidden defects of the Product under Article 1641 of the Civil Code, in which case you may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

“Article L.217-4 of the Consumer Code: The seller delivers goods conforming to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when installation was made the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

“Article L.217-5 of the Consumer Code: Goods conform to the contract:

1 – if they are fit for the purpose normally expected of similar goods and, where applicable:

a) if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

b) if they have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2 – Or if they have the characteristics agreed upon by the parties by common accord, or are fit for any special purpose sought by the buyer, made known to the seller, and accepted by the seller.”

“Article L.217-12: Actions arising from lack of conformity are time-barred after two years from delivery of the goods.”

“Article 1641 of the Civil Code: The seller is bound by a warranty on account of hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.”

“Article 1648 of the Civil Code, first paragraph: Actions arising from redhibitory defects must be brought by the buyer within two years from discovery of the defect.”

11. Liability

11.1. NUTREOV will be released from the scheduled delivery in the event of force majeure (in particular fire, explosion, network failure, flood, snow, ice, accident, etc.) beyond its control.

11.2. Information provided by the Customer when placing an order is binding on the Customer. The Customer agrees not to use false information or third-party information, not to infringe the rights of third parties, and more broadly not to use the Site in any way that could give rise to civil or criminal proceedings under applicable law. The Customer indemnifies NUTREOV against any proceedings it may face on this account.

11.3. NUTREOV shall under no circumstances be held liable:

• in the event of false information or data entry errors regarding the Customer’s details;
• in the event of misuse of login credentials or of the ordering process by the Customer;
• in the event of an obvious display error showing an unreasonably low price.

11.4. NUTREOV, at every stage of the online sales process, is bound only by a best-efforts obligation; it cannot be held liable for technical or material errors, or for any direct or indirect damage such as, in particular, data loss, intrusion, viruses, service interruption, other unintentional issues, or cases of force majeure arising from the use of the Internet or of the Site.

11.5. NUTREOV disclaims all liability:

• for any interruption of access to the Site;
• for the occurrence of bugs;
• for any damage resulting from fraudulent intrusion by a third party leading to alteration of the information made available on the Site.

11.6. For maintenance reasons, NUTREOV may interrupt access to the Site and will endeavor to notify Customers in advance. The Customer of the Site acknowledges having verified that the computer configuration used contains no viruses and is in full working order.

12. Complaints / Mediation

12.1. In the event of a complaint, the Customer must send their request in writing to the customer service department indicated in Article 2 above.

12.2. In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any consumer dispute, subject to Article L.152-2 of the Consumer Code, may be settled amicably through mediation with the CMAP – Paris Mediation and Arbitration Centre. Before referring the matter to the CMAP, the consumer must first have contacted the Customer Service department of Laboratoires Nutreov and have received no response or no satisfactory resolution to their complaint. To submit your dispute to the mediator, you may: fill out the form on the CMAP website, www.cmap.fr, under the “you are: a consumer” tab; or send your request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or by email to consommation@cmap.fr. Whichever method you use to contact the CMAP, your request must include the following information to be processed quickly: your postal, email, and phone contact details, as well as the full name and address of the company or establishment concerned, a brief account of the facts, and proof of the steps previously taken with our company or the establishment concerned.

13. Applicable Law

The contract concluded between NUTREOV and the Customer is governed by French law.