General terms and conditions of sale
General Terms and Conditions of the www.argalys.com website
Updated on 01/05/2020The
present general conditions of sale govern all sales concluded between :
- The company ARGALYS, SAS, registered in the Trade and Companies Register of Villefranche-Tarare under the unique identification number Siret 43479035800023, whose registered office is 195 Rue de Thizy, 69400 Villefranche sur Saône, hereinafter referred to as “the Seller”, and
- Any person placing an order on the website www. argalys.com, hereinafter referred to as “the Client”.
Preamble – Article 1: Purpose – Article 2: General – Article 3: Product characteristics and prices – Article 4: Orders – Article 5: Payment – Article 6: Delivery – Article 7: Retention of title and transfer of risks – Article 8: Right of withdrawal – Article 9: Guarantees – Article 10: Customer relations – Article 11: Use of personal data – Article 12: Cookie management – Article 13: Intellectual property – Article 14: Liability – Article 15: Force majeure – Article 16: Applicable law/complaints, mediation and disputes
Prior to any transaction, the Client acknowledges having read them and expressly declares that he accepts them when he ticks the box “I have read and accept the General Terms and Conditions of Sale of argalys.com without reserve and I have read my right of withdrawal”. The Seller and the Customer agree that their relations are governed exclusively by the present General Terms and Conditions of Sale as visible on www. argalys.com (hereinafter referred to as “the Site”) at the time of the order.
The Seller is specialized in the design and sale of food supplements and other products or belonging to the field of well-being. It sells its products via other distributors and via its website www. argalys.com, hereinafter referred to as “the Site”. It does not have a store outside its website.
All products sold by the Seller are listed on the Site which is accessible by the Customer 24 hours a day and 7 days a week, all year round except in case of maintenance operations.
Article 1. Subject
The purpose of the General Terms and Conditions of Sale is to describe the terms and conditions of distance selling of goods and services between the Seller and the Customer. They express all the obligations and rights of the Parties. The Customer may save and/or print them.
The Conditions apply without restriction or reservation to all products offered on the Site (hereinafter referred to as the “Products”), whatever their nature.
In the event of any contradiction between these Terms and Conditions and any other document appearing on the Site, including the quality charter or equivalent document, the Terms and Conditions shall prevail.
If one or more of the stipulations herein are declared null and void following a settlement or a final decision by a competent court, this shall not affect the validity, binding force or scope of the other clauses of these General Terms and Conditions of Sale.
Article 2. General
2.1. Full legal capacity of the Client
Under the General Terms and Conditions of Sale, a Customer is any natural person who is at least eighteen (18) years of age or who has the authorisation of the authorised person on the date of validation of his order.
The Customer is a consumer, i.e. he is acting for purposes that do not fall within the scope of a commercial activity, or in a general professional manner.
By ticking the box “I have read and accept the General Terms and Conditions of Sale of argalys.com without reservation and I have read my right of withdrawal”, the Client acknowledges having full legal capacity to commit to the General Terms and Conditions of Sale.
2.2 Customer identification via a password
At the time of the first order, and in order to personalize his environment, an e-mail address and a password must be entered by the Customer. A uniqueness and e-mail address check is carried out by the system.
If the password is lost, the Customer can click on the “Forgotten password” section and enter his e-mail address in order to receive a new password at his e-mail address.
The password is in no way used to make a payment. It is confidential and is requested from the Customer each time he connects to the Site. The Customer is solely responsible for its use.
2.3 Scope, enforceability and duration of the General Terms and Conditions of Sale
The Customer acknowledges having read the General Terms and Conditions of Sale and expressly declares that he accepts them. This acceptance is given with each order as soon as the Client ticks the box “I have read and accept the General Terms and Conditions of Sale of argalys.com without reservation and I have read my right of retraction”. He accepts without reserve all the stipulations set out in these Terms and Conditions…
The General Sales Conditions are those in force on the Site on the date of validation of the order by the Client. They are valid for the duration necessary for the supply of the goods and services subscribed to, until the extinction of their guarantees.
The Customer is responsible for the implementation of all technical means (IT and telecommunications) to enable him to access the Site.
In the absence of proof to the contrary provided by the Customer, the Seller’s automatic registration systems shall be deemed to be proof of the nature, content and date of the contract of sale.
2.5.Modification of the General Terms and Conditions of Sale
The Seller reserves the right to adapt or modify the General Terms and Conditions of Sale at any time. In the event of modification of the present, each order shall be subject to the General Terms and Conditions of Sale in force on the day of the order. The Customer is invited to come and consult the Site regularly in order to be informed of any changes.
Article 3. Product and price characteristics
3.1 Consultation of product characteristics
The Seller presents on its Site the products and services as well as their detailed description so that the Customer can become acquainted with their essential characteristics before the final order is taken, this includes the copy of the labels of the Products with their legal and obligatory mentions concerning the instructions and the precautions of use which relate to them.
At the time the order is placed, the Customer acknowledges having read the special terms and conditions of sale set out on the screen (price, components, weight, quantity, product characteristics, cost of services and limitation of certain categories of products) and expressly declares that he accepts them without reservation.
For all products, and in particular for products relating to nutrition and health, the Customer determines his choice both in view of the essential characteristics of the products and taking into account his personal specificities. The Customer acknowledges and confirms that he is the sole judge of the relevance of the products in view of any personal contraindications, as well as their compatibility with any other products he may use or treatments to which he may be subject, so that the choice of products ordered is made under his sole responsibility. It is exclusively up to the Customer to be assisted by an adviser if he does not consider himself sufficiently informed.
3.2. Product availability/validity of supply
Product offers and prices on the Site are valid as long as they are visible and available. Any product temporarily unavailable is indicated as such on the Site. The simple fact of adding an item to the shopping cart does not constitute validation of the order.
The Seller ensures that it will make every effort to ensure the availability of the entire range of products and services offered. However, all or part of the quantity of a product added to the basket may no longer be available at the time of validation of the order. If this is the case, the Customer is informed directly and before any payment of the said order.
The prices displayed on the Site are determined by the Seller. They do not include shipping costs. Shipping costs are billed to the Customer in addition. They are indicated before the validation of the final order. The amount of taxes may change in case of delivery abroad: in this case, the new amount is indicated to the Customer on the order summary page.
The price indicated in the summary page of the Customer’s order is the final price. It includes
the total price of the order with the details of each product as well as the delivery costs. The products are invoiced on the basis of the rates in force at the time the order is recorded. The products remain the property of the Seller until full payment of the price.
The sale of products is subject to VAT according to the terms and conditions applicable to the transaction, which may differ depending on the place of delivery and the nature of the goods. The legal modification of the VAT rate applicable to an operation may lead to the modification of the price including VAT of the operation, and this until the validation of the order.
The validation of the order by the payment is worth acceptance of the price including all taxes of the product as well as the amount of the VAT at the rate appearing on the summary of order.
In the event of an input, printing or calculation error showing a price lower than the price normally charged by the Vendor, the lowest price shall be applied to the Customer, unless this price is manifestly derisory, i.e., bears no relation to the actual value of the product ordered.
In this hypothesis, and despite an automatic order confirmation by the Seller, the said order is cancelled. The Customer shall be informed by the Vendor as soon as possible so that he can, if he so wishes, place a new order.
Article 4. Order
4.1. My account” section
4.1.1. Account creation
To make purchases on the Site, the Customer must first create a customer account. This account is created exclusively on the Site, either before any purchase by clicking on the link “create my account”, then on “create your account”, or before the payment of his first order. To create his account, the Customer informs his civility, his name, first name, telephone number, e-mail address, exact delivery address (floor, city, postal code). He or she also provides his or her e-mail address and chooses a password. These elements are confidential. The Customer is solely responsible for the consequences of the use of his account until it is deactivated. He undertakes to provide true and sincere information. Moreover, he undertakes to inform the Seller of any change concerning the said information.
This information is necessary for the management of the orders as well as for the commercial relationship between the Seller and the Customer. The Customer who does not provide all this information waives the creation of his account.
The Seller shall present a summary of the information provided to the Customer and an e-mail containing this information shall be sent to the Customer.
The Seller shall not be liable for input errors and the consequences thereof (late and/or incorrect delivery). In this context, the costs incurred for the reshipment of the order are borne by the Customer.
If the Customer does not wish to be the subject of commercial canvassing by telephone, he can register on a list of opposition to telephone canvassing on the site www.bloctel.gouv.fr.
4.1.2. Use of the account
The Customer may consult the details of his current order by clicking on “basket” then “I access my basket”.
The history of orders and invoices can be consulted at any time on the Site in the “order tracking” section.
Where the contract is concluded by electronic means and is for a sum equal to or greater than 120 euros, the Seller shall ensure the preservation of the contract for a period of ten (10) years from its conclusion where delivery is immediate, or from the date of delivery where delivery is not immediate. The Seller guarantees access at any time to the person who signed if the latter so requests within the limits set by Article 4.1.3.
The Customer may access the archived sales concerning him by making a request by e-mail to email@example.com or by post.
4.1.3. Management of personal data
As part of the exercise of the right to oblivion, the company undertakes to delete the personal data for accounting purposes of all persons whose account has been inactive for more than 36 months (3 years) after the last activity recorded on the account of the client concerned. These data may then be anonymised for statistical analysis by the company.
4.1.4. Account deactivation
In the event of non-compliance by the Customer with these General Terms and Conditions of Sale, the Seller reserves the right to deactivate the Customer’s account, ipso jure and without compensation, without notice, after sending an e-mail or a formal notice sent by registered letter with acknowledgement of receipt, which shall remain without effect for thirty (30) days. In the event of a breach or a serious and significant fault of the Customer, the deactivation of the account takes place by right, without notice, formality, or compensation.
It is incumbent on the Customer who wishes to deactivate his account to inform the Seller of this by e-mail or registered letter with acknowledgement of receipt sent to Customer Service. The Seller undertakes to deactivate the Customer’s account within a maximum period of seven (7) days from receipt of this letter.
4.2. Validation of the order by the Customer
The Customer places his order in accordance with the indications appearing on the Site. This is the subject of a summary that includes all the elements. The Customer validates it by clicking on the icon “I complete my order”. The simple fact of adding a product to the basket does not validate the order. Any non-validated order cannot be honoured.
The Vendor recommends that the Customer keeps a record of the data relating to his order on a reliable paper or computer medium.
4.3. Confirmation of the order by the Seller
The Seller confirms that the Customer’s order has been taken into account by sending an automatic e-mail containing the essential characteristics of the product ordered, an indication of the price inclusive of tax, and any difficulties or reservations relating to the order placed. The Vendor may ask the Customer for proof of identity and address. If this is the case, the order is confirmed only upon receipt and validation of such proof. Any delay in the transmission of this information may affect the delivery time of the order. In the event that the Customer does not transmit any of this information, the Vendor reserves the right to cancel
the order and proceed to reimburse the Customer. If the time limit for confirming the order is exceeded, the order shall be cancelled.
The Vendor reserves the right not to confirm the order in the event of a refusal to authorise payment by officially accredited bodies, non-payment of a previous delivery or a payment dispute in the course of administration, a problem concerning the order received, an incomplete order, a foreseeable problem concerning the supply of the product, or in the presence of a withdrawal or recall procedure initiated concerning one or more of the products ordered.
The Vendor reserves the right to refuse or cancel any new order from a Customer with whom a dispute exists.
In such cases, the Seller shall inform the Customer by e-mail.
Failure by the Seller to confirm the order within the time limit shall not be deemed to constitute confirmation and acceptance of the order.
Article 5. Payment
The Customer explicitly acknowledges his obligation to pay at the time of the validation of the order. By clicking on “pay to order”, he acknowledges that the placing of an order entails the payment thereof. The sums collected are not considered as a deposit or advance payment. Only the means of payment described below are accepted on the Site:
5.1. Credit card
The Seller accepts Carte Bleue, Visa and MasterCard. The Customer enters his credit card references (card number, expiry date and cryptogram) on the day the order is validated, and payment is made following the dispatch of the order (excluding drops).
For any first order and/or in the event of random checks, the validation of the order by entering a 3D-SECURE code provided by the bank of the credit card holder and communicated by SMS, may be requested from the Customer in order to validate the payment.
The Customer can proceed to the payment of his order via his Paypal account. He just has to choose the payment method “Paypal” at the time of the choice of payment and check the box “I validate my payment method”. The Customer is redirected to the Paypal interface. This one asks the Customer to identify himself before a summary of the order is proposed to him. The Customer validates the said summary of the order. At this point, an order confirmation page appears with a new order number.
An e-mail is sent to the Customer in order to confirm the order and to send him the resulting invoice.
5.4 Discount code
When the Customer has a personal Discount Code created by the Seller, the Customer enters this Code in the box provided for this purpose and the discount will automatically be applied to the amount of the order, excluding shipping costs.
5.4. Failure to pay
The Customer guarantees the Seller that the means of payment used is valid and is not the result of a fraudulent operation.
In the event of an order that has not been paid for in whole or in part by the Customer, the Seller undertakes to inform the Customer by e-mail and to ask the Customer to remedy the situation.
In the absence of a response or solution before the delivery date of the order, the Vendor reserves the right to refuse to make a delivery, to honour an order, or even to cancel all current orders or to suspend the Customer’s account.
The Seller is entitled to suspend any order or delivery in the event of refusal of authorization from financial institutions.
5.7. Securing means of payment
All banking transactions are carried out on the Site in a secure manner. The Seller uses the HTTPS protocol of its service provider WPSERVEUR which encrypts information in order to protect all data related to personal information and means of payment.
The information communicated when placing the order is not stored on the Vendor’s servers. To increase security, the Customer communicates this information with each new order.
The Customer may choose to activate the “one-click” option by ticking the “save my card for future orders” box. By ticking this box, you accept that your bank details will be saved in your online account, in a secure manner, so that you do not have to enter them again for future orders”. The Customer’s credit card data is not stored by the Seller, but by its service provider WPSERVEUR. The “one-click” function can be activated if the Customer so wishes, in order to prevent him from having to enter his credit card information when placing future orders.
The Customer may terminate the “one-click” option at any time.
If the Customer does not wish to activate this option, the information required to pay for the order by credit card must be provided at the time of each order.
In the event of payment made fraudulently, in particular by means of stolen credit card numbers, the Vendor reserves the right to transmit to the police, all information relating to the order paid fraudulently, possibly allowing the intervention of the police when the order is delivered.
The invoice is established with each order. It is not sent by e-mail but is available in digital format on the Site.
The Customer may download and/or print it. He may request a paper edition from Customer Service.
The validation of the order at the time of payment implies acceptance of the payment of the VAT, indicated at the time the order is placed.
Article 6. Delivery
The delivery of the order shall be made by third party transport service providers appointed by the Seller, hereinafter referred to as the Deliverer.
The products are delivered to the delivery address indicated by the Customer during the order process. The Customer undertakes to receive the products at the address indicated on the order
form. Delivery means the transfer to the Customer of physical possession or control of the goods.
It is the Customer’s responsibility to check the accuracy of the information entered before validating the order (complete address as described in 4.1.1 hereof). In the event of an error in the wording of the contact details, the Seller shall not be held liable for the impossibility of delivering the order. The delivery costs incurred for this delivery shall not be reimbursed to the Customer. The Customer may however contact Argalys
Customer Service by e-mail (whose address is mentioned in article 10. Customer Relationship) or use the contact form on the site available at the following address: https://www.argalys.com/en/contact-us/ and choosing as the subject of the question: “a change of address? ». If the Customer’s request is made less than three (3) working days before the date of dispatch of this order, the Seller cannot be held responsible for the non-correction of this error in the delivery address. The reshipment of the package to the correct address shall be invoiced to the Customer.
The delivery of products is ensured in Metropolitan France, Monaco, DOM, Germany, Luxembourg, United Kingdom, Italy, Spain (excluding specific territories), Belgium, Netherlands, Portugal (excluding specific territories), Austria, Ireland.
The order is delivered in one go. However, the Vendor reserves the right to split the Customer’s order into several shipments at no additional cost to the Customer.
It is recalled that the Seller reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute remains.
6.2. Terms of delivery
Delivery is made in the presence of the Customer or any person authorised to receive the goods. It is carried out in limit of ownership (or co-ownership if the place of delivery is located in a co-ownership). The Deliverer is not obliged to enter the Customer’s residence when the order is delivered.
It is up to the Customer to check prior to the order, in particular with regard to the specifications of the products in terms of size, weight and volume, that they can be delivered by the normal access routes to the place of delivery.
As the delivery is made by a professional carrier, the place of delivery must be accessible to the vehicles provided for this purpose (commercial vehicles up to 20 m³) and this up to the limit of the property or co-ownership. In the event of non-accessibility by this type of vehicle, the Customer undertakes to collect the goods from a collection point that can be reached .
The Seller reserves the right not to proceed with an order from a Customer who cannot prove his delivery address upon simple request from Customer Service or the Deliveryman.
The Customer agrees to prove his identity in case of a request from the Deliveryman, by means of an official identity document in force and by communicating, if necessary, the order number.
In the event that the Customer is unable to accept the order himself, he shall be responsible for appointing a third party with a power of attorney and a photocopy of the Customer’s identity card.
No request for delivery of packages can be honoured if the above-mentioned conditions are not respected by the Customer.
In the event of delivery at the Customer’s place of work, as the Supplier does not have access to the premises, the Customer shall take all necessary precautions so that the Supplier can hand over the order to the Customer and the Customer can receive it.
The Seller shall not be liable for the delivery of the order to a third party present at the
delivery address declared by the Customer when validating the order.
The delivery of two (2) or more orders to the home of the same Customer (persons living under the same roof), on the same day, on the same delivery time slot or on a different delivery time slot than the one chosen for the first order shall give rise to the invoicing of the same number of home delivery packages, unless expressly agreed otherwise by the Vendor’s Customer Service.
As soon as the order is delivered to the Customer at the address indicated and after the Customer has signed the delivery note, the Seller has fulfilled its delivery obligation. The Seller thus declines all responsibility in the event of subsequent loss or theft.
Following two (2) unsuccessful presentations at the Customer’s home, due to the Customer’s absence, the order shall be cancelled and refunded, less the costs of the second presentation.
6.3. Delivery costs
Delivery costs are automatically calculated and indicated at the time of choosing the delivery method.
The amount of the delivery costs is variable according to the amount of the basket and the place of delivery. Tariff indications covering metropolitan France (excluding armed postal codes), Belgium, Spain and Switzerland are given on the page http://www. argalys.com/informations-delivery.html.
6.4. Receipt of products
The delivery time is indicated to the Customer when placing the order and before validation of the order. The delivery date depends on the availability of the products (which may vary according to each product) as well as the delivery method chosen.
The Customer has two (2) modes of delivery, i.e. delivery at a relay point or at home.
6.4.1. Relay Point Delivery
In the case of delivery at a relay point, the Customer is notified of the arrival of his package by e-mail from the relay point chosen by the Customer.
When withdrawing his order, the Customer is invited to check the general condition of his package before signing and in case of damage to refuse it. However, in the event that the retailer refuses to open the package at the relay point, the Customer is invited to report the incident within 72 hours of receipt of the package by e-mail to Customer Service (whose address is mentioned in Article 10. Customer Relationship) or by using the site’s contact form, available at the following address: https://www.argalys.com/en/contact-us/.
The Customer indicates the order number concerned and attaches a precise description of the condition of the package or damaged product.
Packages are available to the recipient for a period of 10 to 14 days depending on the relays. Packages that are not recovered at the end of this period are returned to the Vendor.
The return of the order to the Vendor due to the Customer’s failure to withdraw it within the time limits indicated shall result in the cancellation and reimbursement of the said order to the Customer. In this case, the amount of the return costs shall be deducted from the amount refunded to the Customer. The amount withheld will be the same amount as the delivery costs due for the order not withdrawn. The Seller nevertheless reserves the right to adapt the amount of these costs according to the size, weight, geographical area and nature of the order not withdrawn by the Customer. The amount that will then be applied will be the price actually paid by the Seller to its carrier (which may be between €6 and €100).
In such a case, if the Customer wishes to benefit from his order, a new order must be placed. The Customer shall bear the delivery costs associated with this new order.
6.4.2. Home delivery
The Customer may choose delivery by carrier to the delivery address indicated by the Customer when placing the order. Delivery is made against signature.
If at the time of delivery, the Customer is not present, a delivery notice is left with the recipient indicating a new delivery date or information relating to the delivery of the package. On receipt of the package, the Customer checks the condition of his package before signing the delivery slip and may refuse any damaged package or product by noting “refusal for damage” on the delivery slip. However, if the carrier refuses to let the Customer open the package, or if the package has been given to a third party, the Customer is invited to report the incident within 72 hours by e-mail to the Vendor’s Customer Service (whose address is mentioned in Article 10. Customer Relationship) or by using the site’s contact form, available at the following address https://www.argalys.com/en/contact-us/ It indicates the order number concerned and attaches a precise description of the condition of the package or damaged product.
The Customer undertakes to be present at the delivery address indicated on the day of delivery. The Customer undertakes to sign the delivery note presented by the Deliverer on which he makes any precise and concise handwritten reservations concerning the products delivered.
If the Customer is absent at the time of delivery, the Supplier shall contact the Customer to agree on a new delivery date. After the second delivery, the Deliveryman shall be able to drop off the package at a relay point close to the Customer’s residence.
The delivery note may be a paper document or an electronic medium kept by the Seller as proof of delivery. By signing the delivery note, the Customer acknowledges having received his order. The list of items actually delivered appears on the invoice available for six (6) months for downloading on the Website www.greenweez.com in the “My Account” section.
6.5. Dispute management and product returns
In the event of a dispute, the original packaging must be retained until the dispute is resolved. The Seller advises the Customer to inform Customer Service within a maximum of 24 hours of delivery.
In the event of an incident during delivery, the Customer is invited to contact the Seller’s Customer Service department in order to indicate the damage that occurred during delivery. The Seller recommends that the Customer confirm the incident within 24 hours by e-mail to the Seller’s Customer Service by e-mail (whose address is mentioned in Article 10. Customer Relationship) or by using the site’s contact form, available at the following address: https://www.argalys.com/en/contact-us/ To this end, the Vendor’s Customer Service Department will contact the Customer to establish any possible methods of repairing the damage.
The Seller undertakes to respond to all requests or claims within a maximum period of ten
(10) days from the date of receipt thereof.
6.6 Delivery time
Except in cases of force majeure, fortuitous events or due to a third party, the Seller shall respect the delivery times indicated to the Customer when placing the order. In the event that the deadlines cannot be met, the Customer is automatically informed by the Seller by any
means, in particular by e-mail, SMS or telephone.
In the event of late delivery, the Vendor suggests that the Customer inform him/her of this delay by contacting Customer Service in order to agree together on the best solution.
Article 7. Reservation of ownership and transfer of risks
It is agreed that the products delivered and invoiced to the Customer remain the property of the Seller until full payment of their price.
Failure to pay may result in the Seller claiming back the products. The above provisions do not prevent the transfer, to the Customer’s benefit, of the risks of loss or deterioration of the products, as well as any damage they may cause.
Article 8. Right of withdrawal
8.1. The right of withdrawal
Article L. 221-18 of the Consumer Code states that the consumer has a period of fourteen (14) days, from receipt of the products, to exercise his right to withdraw from the distance contract without having to give reasons for his decision.
The Customer shall notify the Vendor of his decision to withdraw by sending him the withdrawal form (available in the “my account” and “make a return” sections, as well as in the appendix hereto) or an unambiguous statement, expressing his wish to withdraw, before the expiry of the aforementioned period by e-mail (the address of which is mentioned in Article
- Customer Relationship) or by using the contact form on the site, available at the following address: https://www.argalys.com/en/contact-us/, section “I have a question about an order already placed” .
8.2. Conditions for returning products
The Seller recommends that the Customer return the product(s) subject to withdrawal to the
Seller without undue delay and no later than fourteen (14) days following the date of communication of its decision to withdraw. The return of
the product(s) shall be made in their original packaging(s), in good condition, UNOPENED (with the first opening device not tampered with) accompanied by the documentation. They must be accompanied by the invoice and the duly completed withdrawal form.
The Vendor also recommends that the Customer returns the product accompanied by its original packaging in a package provided for this purpose, which does not allow the product to be identified (postal parcel, bubble envelope, craft
Finally, the Vendor recommends that the Customer returns the products by registered parcel with acknowledgement of receipt to the following address: Regis Martelet c/o Argalys 4 rue Gustave Eiffel 21160 Marsannay la Cote.
The product(s) must be in perfect condition for resale. Any product that is incomplete or damaged by the Client following handling other than that necessary to establish its nature,
characteristics and proper functioning will not be reimbursed. The Seller recommends that the Customer indicate the invoice number to which the products relate and the return number on the package.
The Customer shall bear the entire cost of return in the event that he exercises his right of retraction.
In the event the Customer exercises the right of withdrawal, the Seller shall be required to reimburse all sums paid by the Customer at the latest within fourteen (14) days from the date of recovery of the products or until the Customer has provided proof of the shipment of these products. The date chosen shall be the earlier of these dates.
The Seller shall make the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly consents to a different means proposed by the Seller.
A product that has benefited from a promotional benefit will be refunded at the price actually paid by the Customer.
The Customer is reminded that the Customer shall bear the entire cost of returning the product if it exercises its right of retraction.
8.4. Exclusions to the right of withdrawal
In accordance with article L. 221-28 of the Consumer Code, any right of withdrawal is excluded, in particular for products likely to deteriorate or expire rapidly (fresh products, products taken out of the cold chain…), as well as for hygiene products unsealed by the Customer and which cannot be taken back for reasons of hygiene or health protection (hair removers, underwear, razors, toothbrushes, etc.).
Article 9. Guarantees
9.1. The legal guarantee
The Seller undertakes to provide the Customer with a good or service in accordance with his request.
In any event, the Customer may, in the case of tangible goods, claim from the Seller (at the address mentioned in Article 11) the legal guarantee of conformity provided for by the Consumer Code and in particular Articles :
- Article L.217-4 of the French Consumer Code: “The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility
- Article L.217-5 of the French Consumer Code: “The goods are in conformity with the contract:
- if they are fit for the use usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
- if they are suitable for the use usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
- 2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter” –
- Article L.217-12 of the Consumer Code: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods”.
The Seller also remains liable for any redhibitory defects of the item under the conditions provided for in articles 1641 to 1648 paragraph 1 of the Civil Code.
- 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 would only have paid a lower price for it, if he had known about 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”.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 10. Customer Relationship
For any question, information or complaint, the Seller’s Customer Service is at the disposal of the Customer.
- By e-mail: firstname.lastname@example.org
- By mail to the following address Argalys BP90070-69653 Villefranche Cedex
- By the contact form https://www.argalys.com/en/contact-us/
Article 11. Protection of personal data
THAT PROCESSES YOUR DATA?
The company Argalys Sas, processes the data collected about you, and is responsible for the processing of personal data for any collection of data about you in relation to the services offered by Argalys.
FOR WHAT PURPOSES DO WE COLLECT AND PROCESS YOUR DATA?
Argalys collects and processes your data for the purposes listed below and detailed below:
Firstly, they are used for customer relationship management purposes and to enable us to better interact with our customers, to optimize the user experience or to respond to customer requests and possible complaints.
These treatments include, but are not limited to:
- The possibility to create an account,
- the management of your consents and authorisations concerning the use of your personal data, in particular for the sending of newsletters and commercial solicitations by electronic means,
- Enable you to benefit from Argalys services: order products and services, track your orders and their invoicing, subscribe to newsletters, etc…
- Acknowledge your status as a loyal customer, as soon as you have wished to indicate this to ARGALYS, and if this information is requested from you. Being here reminded the use of your personal data by the loyalty program ARGALYS are subject to conditions of use specific to the loyalty program.
- the collection of your comments and opinions ;
- the management of communications and the monitoring of our exchanges in particular in the context of possible disputes (in particular via the customer service accessible for example by telephone, by instant messaging such as chat. these exchanges may be recorded for the purposes of improving the service),
- the management of your requests related to the exercise of your rights of access, rectification and opposition, which you benefit from in application of the regulations on personal data;
- management of the risk of fraudulent use of your data or the services to which you have access via ARGALYS; depending on the results of the checks carried out, ARGALYS may take any measures it deems useful for the security of your data and our information systems used for the purposes of using ARGALYS, as well as for the defence of its interests. If necessary, these measures may lead to the suspension of your access to www.Argalys.com and to your online account.
- the management of product recalls initiated by suppliers or the sending of various information or documents related to them;
- to draw up analyses or statistics in response to enquiries or requests made by public interest bodies, or administrative or judicial authorities (e.g. in the case of a food risk),
- to trace and administer the evidence that ARGALYS must bring in application of its legal or regulatory obligations or for needs related to the management of litigation (e.g. the evidence necessary concerning the exercise of your rights, evidence relating to your orders)
- the management of possible disputes, in particular relating to the recovery of sums you may owe us, and the management of payment incidents,
- to respect our legal or regulatory obligations applicable to the activity of ARGALYS (e.g. to respond to requests from the tax authorities).
Your data may also be used to carry out operations relating to commercial prospecting, or studies designed to improve customer knowledge and the services that ARGALYS
can offer its customers. Your data may thus be used, in compliance with any required authorisations that you may have given us:
- to send you promotional messages or advertisements, personalized or not, by postal or electronic means, including mobile notifications, according to your profile,
For commercial canvassing operations related to profiling and which are based on the consent of the data subject of the processing, the data subject may withdraw his consent at any time, provided that this shall not call into question the lawfulness of the processing operation carried out prior to such withdrawal.
Your data may be used to carry out technical operations related to the processing of your personal data for the purposes set out herein. This includes :
- technical operations related to address adjustment ;
- the attribution of a numerical identifier linked to your data, so that we can interact with you via various digital communication media (websites and mobile applications, social networks) including to send you targeted advertising,
- technical, organisational or cybersecurity operations related to detecting anomalies and securing your data and the information systems from which your data is processed.
WHY IS YOUR PERSONAL DATA PROCESSED?
Your data may be processed for one or more of the following reasons:
- because it is necessary to provide ARGALYS’ services.
- within the framework of the agreement that you may have formulated, for example to allow us to communicate with you about our offers and products or those of third party advertisers;
- in respect of the interests, freedoms and fundamental rights of persons registered with ARGALYS services because this is necessary to enable us or our partners to pursue our legitimate interests such as building customer loyalty, optimally managing our relationship with our customers, getting to know them better and promoting our products and services to them or fighting against fraud and defending ourselves in the event of litigation.
WHAT DATA DO WE COLLECT?
The data processed in the ARGALYS framework are from :
- of your registration: data on the subscription form such as your surname, first name, date of birth, contact details, etc.
- the use of ARGALYS services such as your purchases, data enabling you to be identified and authenticated (connection logs, IP address), data relating to purchases, places and times of order and purchase, your browsing path on the site, dates and times of consultation of the site, location data;
- mobile sites and applications published by third parties to ARGALYS: information relating to navigation or advertising that are addressed to you;
- Social networks such as facebook, linkedin, twitter; Indeed data exchanges can occur between ARGALYS and social networks, for example when you are connected to the social network facebook on your computer and you consult a page of the ARGALYS site. Similarly, if you click on the twitter button on a page of the ARGALYS site, twitter will collect this information. If you do not wish such exchanges, we recommend that you disconnect from social networks before consulting the ARGALYS site.
- Data concerning you may possibly be transmitted to us by third parties, such as your postal or e-mail address, data relating to your profile, which will be integrated into our databases. These third parties have faithfully collected your data and obtained any required consent before any transmission to ARGALYS.
With the exception of the data from the open data, the other data is not accessible to the public.
The data may be collected directly from you or through the use of ARGALYS
services or may come from other entities of the group or possibly from our partners or third parties.
The data collected is essential to enable ARGALYS, their service providers and/or partners to provide the services offered via ARGALYS.com, to enable us to get to know you better and interact with you, to offer a facilitated relationship with the ARGALYS ecosystem, or to send you content adapted to your profile and interests.
WHO’S LIKELY TO ACCESS YOUR DATA?
In order to achieve the purposes described above and within the limits necessary for the pursuit of these purposes, your data may be transmitted to all or part of the following recipients:
- authorised persons of the relevant departments within ARGALYS company
- to payment and collection service providers for any amounts you may owe,
- the service providers and subcontractors of the ARGALYS company;
- the administrative or judicial authorities if necessary in the context of compliance with our legal obligations or to enable us to ensure the defence of our rights and interests.
LIMITING THE LENGTH OF TIME WE KEEP YOUR DATA
The data collected about you will be kept for the time necessary for the fulfilment of the above-mentioned purposes, plus the period of legal prescription.
Thus, primarily your account data (registration) will be kept for the duration of your membership. They may then be kept and processed for 3 years following the last contact from you, to enable us to send you commercial solicitations.
Your data may be kept longer in accordance with specific legal obligations or the applicable legal statute of limitations. For example, data may be kept for :
- 6 years for tax documents ;
- 10 years for accounting documents ;
- for the entire duration of the litigation and until all avenues of appeal have been exhausted.
HOW SECURE IS YOUR DATA?
Argalys takes into account the nature of the personal data and the risks involved in the processing, in order to put in place the appropriate technical, physical and organizational measures to preserve the security and confidentiality of personal data and prevent them from being distorted, damaged or accessed by unauthorized third parties. Argalys chooses subcontractors or service providers that offer guarantees in terms of quality, security, reliability and resources to ensure the implementation of technical and organisational measures, including the security of processing
. The subcontractors and service providers undertake to respect levels of confidentiality at least identical to those of Argalys.
IS YOUR DATA PROCESSED OUTSIDE THE EUROPEAN UNION?
Unless otherwise specified, the different categories of data collected by Argalys are processed by its service providers within the European Union.
WHAT ARE YOUR RIGHTS?
In accordance with the regulations on the protection of personal data, you have the right to information as well as the right to access, rectify, delete (except if necessary for the execution of our contract, or if necessary for us to comply with our legal obligations or to ascertain or exercise our rights) related to the data concerning you, as well as the right to define directives concerning the fate of your data after your death. It is hereby specified that under the right of access, Argalys may request the payment of reasonable fees based on administrative costs for any additional copy of the data to that which will be communicated to you.
You also have a right to obtain a limitation on the processing and a right to the portability of the data that you may have provided, which will apply in certain cases. In addition, you may request to exercise your right to object, on grounds relating to your particular situation, to the processing of personal data concerning you where the processing is based on the legitimate interest of the controller, including profiling. In case of exercise of such right of opposition, ARGALYS will cease processing except where there are legitimate and compelling reasons for the processing which override the interests and rights and freedoms of the data subject or for the establishment, exercise or defence of a legal claim. You may also object to any processing related to canvassing (including profiling related to such canvassing), or withdraw your consent at any time, if you have been asked to do so (the withdrawal of your consent will not affect the lawfulness of the processing carried out prior to the withdrawal of consent).
ARGALYS wishes to inform you that failure to provide information or modification of your data may have consequences in the processing of certain requests in the context of the execution of services and that your requests for the exercise of rights will be kept for follow- up purposes.
The communication of specific post-mortem instructions and the exercise of your rights are made by e-mail to email@example.com or by post to Argalys BP90070 69653 Villefranche
cedex, specifying the information that will enable your identity to be established.
In the event that we are unable to respond to your requests in a manner that satisfies you, you may also file a complaint with a supervisory authority (in France the CNIL 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07. Tel: 01 53 73 22 22).
Article 12. Cookie management
Unless the Customer decides to disable cookies, he accepts that the Site may use them. He may deactivate these cookies at any time and free of charge using the deactivation options offered to him and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the Site.
12.2 Cookies: definition and usefulness
When consulting the Site, information relating to the navigation of the Client’s terminal (computer, tablet, smartphone, etc.) on the Site may be recorded in text files called “Cookies”, installed on his browser. Cookies will be used to recognise the browser during the period of validity of the cookie concerned.
Only the issuer of the cookie concerned is likely to read or modify the information contained therein.
12.3. Cookies deposited by a third party on areas of the Site
The Site is likely to contain Cookies issued by third parties (communication agency, audience measurement company, targeted advertising service provider, etc.) allowing the latter, during the period of validity of their Cookies :
- to collect navigational information relating to the browsers consulting the Site,
- to determine the advertising content likely to correspond to the Customer’s centres of interest in order to send him/her targeted advertising, with regard to his/her browsing history collected by the third party.
At any time, the Customer may prevent the collection of information concerning him/her via these third-party cookies by clicking on the corresponding links (see article 12.6.
12.4. Cookies embedded in third party applications on the Site or Services
The Seller may include on its Site computer applications from third parties, which enable it to share Site content with other people or to inform these other people of the Customer’s consultations or opinions concerning Site content. This is notably the case of the “Share” and “Like” buttons on social networks such as Facebook, “Twitter”, “viadeo”, etc.
The social network is likely to identify the Customer thanks to this button, even if the Customer did not use it when consulting the Site. This type of application button may allow the social network concerned to follow the navigation on the Site, simply because the social network account is activated on the browser (open session) of the Customer during his navigation on the Site.
The Seller has no control over the process used by social networks to collect information relating to the Customer’s browsing on the Site and associated with the personal data they have.
12.5. Sharing the use of your terminal with others
Sharing the use of your device with others and configuring your browser settings with respect to Cookies is the Customer’s free choice and responsibility. If the Customer’s terminal is used by several people and when the same terminal has several browsers, the Vendor cannot ensure with certainty that the services and advertisements intended for the Customer’s terminal correspond to his own use of this terminal and not to that of another user of this terminal.
Thus the Customer can manage his cookies:
- from its browser software, or
- inter-professional platforms, or
- when it is proposed from a link in the list below.
Warning: the Customer’s unsubscription is taken into account by means of a cookie. Consequently, if the Customer deactivates all cookies on his terminal or if he changes the terminal, the Vendor will no longer know that the Customer has chosen this option.
1) Cookie management from the browser software: the Customer can configure his browser software so that Cookies are stored in his terminal or that they are rejected, either systematically or according to their sender.
To find out the terms and conditions applicable to the management of cookies stored in the browser, the Customer is invited to consult the help menu of his browser as well as the “Your traces” section of the CNIL (Commission Nationale de l’Informatique & des Libertés) website http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/.
2) On-line management of cookies from inter-professional platforms: the Customer may also
connect, for example, to the Youronlinechoices
Site http://www.youronlinechoices.com/fr/controler-ses-cookies/, offered by digital advertising professionals grouped together within the European association EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau France, or any other platform that offers this type of service.
This European platform, ouronlinechoices.com, is shared by hundreds of Internet advertising professionals and constitutes a centralized interface enabling them to express their refusal or acceptance of Cookies as specified above.
This procedure will not prevent the display of advertisements on the websites that the Customer visits. It only blocks technologies that allow you to adapt advertisements to your centres of interest.
Article 13. Intellectual Property
The texts and graphic elements, their assembly in the Site, and the Site itself are the exclusive property of the Vendor and are protected under the applicable copyright legislation. The logos, distinctive signs of the Vendor are protected under trademark law.
Any deterioration of the elements present on the Site or of the Site, as well as, in the absence of express authorisation, any reproduction, downloading, copying, modification, commercial use, whether total or partial, of the various elements of the Site are prohibited and expose their author(s) to prosecution.
Under no circumstances do the General Terms and Conditions of Sale authorise the reproduction, modification or commercial use of the various elements of the Site.
By accessing this Site, the Vendor grants a user license under the following conditions:
- a right of private, personal and non-transferable use on the content of the Site or one of the elements that make it up,
- a reproduction right for storage for the purpose of reproduction on a single-user screen, in one copy, for back-up copy or hard copy,
- Any use of documents from the Site must mention its source.
Any other use is prohibited, in particular use for commercial purposes, network use, repeated and systematic extraction of elements of the site carried out in contravention of the provisions of the Law of 1 July 1998, concerning the legal protection of databases.
Any use of the Site in contradiction with the provisions of this article constitutes an offence of counterfeiting, for which the person having committed such an offence (“Counterfeiter”) may be asked to answer. Civil and penal sanctions may be pronounced against any counterfeiter.
Article 14. Responsibility
The detailed product sheet is the only contractual source.
The Seller may exonerate itself from all or part of its liability by providing proof that the non- performance or poor performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure (as defined in Article 15 hereof).
The fact that one of the Parties does not take advantage of a failure by the other Party to
comply with any of the obligations referred to herein shall not be interpreted for the future as a definitive waiver by the non-defaulting Party of the obligation in question.
14.2. Operation and use of the site
The Seller is only bound by an obligation of means with regard to the operation and continuity of the Site. The Seller cannot in any way guarantee that it will function without interruption.
The Customer acknowledges that the Seller cannot be held responsible for interruptions or slowdowns of the Site or for damages related to it:
- to fraudulent intrusion by a third party into the Site, or to the illicit extraction of data, despite the implementation of security means that comply with current technical data, with regard to known security techniques
- an interruption in the supply of electricity or transmission lines due to public or private operators ;
- access speeds to the Site, particularly from other Internet sites, speeds of opening and consulting pages of the Site, external slowdowns, suspension or inaccessibility of the Service,
- fraudulent use by the Customer or third parties of any information made available on the Site,
- facts due to a case of force majeure, to an administrative authority, or facts of third parties, as defined by case law and in particular the public or private Internet network, which may, if necessary, lead to the suspension or termination of the Service,
- if the service offered by the Site proves incompatible or malfunctions with certain software, configurations, operating systems or equipment that you use.
The Customer is solely responsible for the use of the service offered by the Site and the information or content to which he has access.
The Site reserves the right, without notice or compensation, to temporarily or permanently stop a service or all the services offered from the Site.
It is incumbent on the Customer to protect its technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion and to make any back-up of its data, the Site cannot be held responsible for this.
The Site reserves the right to make any modifications and improvements it deems necessary or useful.
The Site may contain hypertext links to other Internet sites, which are subject to their own rules of use and in particular concerning the use of the Client’s personal data. The Customer is advised to read the rules of use of these sites and in particular those applicable to his personal data. The Site does not make any commitment concerning these other Internet sites to which the Customer may have access via the Site, in particular with regard to their content, their operation, access to these sites and the use of his personal data by the latter.
The creation of hypertext links, deep or not, to the Site is strictly forbidden.
14.3 Illegal Content/Pecent Materials/Por morality
Any action by the Customer that would be intended to restrict or prevent another customer from using or enjoying the Site is strictly prohibited. The Seller reminds that the Customer may only use the Site for legal purposes and that it is forbidden to publish or transmit through the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise
offensive to human dignity. In the event that the Seller is informed of the presence of illegal content on the Site, it shall be entitled to immediately delete the content. The Vendor also reserves the right to take all necessary measures to ensure that his rights are respected. The Seller is entitled to carry out electronic monitoring of the documents displayed and the public areas of the Site to check their compliance with the above requirements.
It is also prohibited to collect or store personal information about other customers.
The Seller reserves the right not to honour orders that contravene public order or morality.
Article 15. Force majeure
Are considered events of force majeure those which, unforeseeable and irresistible, make it absolutely impossible to execute the sales contract under the conditions provided for.
All events of force majeure, as defined by regulations and case law, constitute a cause for suspension or termination of the Vendor’s obligations if the event lasts more than one (1) month. The Seller shall not be held liable for the non-fulfilment of the concluded contract in the event of the occurrence of one of the aforementioned events.
Article 16. Applicable law/Complaints, mediation and disputes
The General Terms and Conditions of Sale are subject to French law, unless otherwise provided by law.
In the event of disputes, the Customer may, first of all, contact the Seller’s Customer Service department in order to seek an amicable solution.
The Vendor specifies to the Customer that he is a member of the Fédération du e-commerce et de la vente à distance (FEVAD) and the e-commerce mediation service (60 rue la Boétie – 75008 PARIS – firstname.lastname@example.org). This impartial, confidential and rapid alternative dispute resolution service is organised by FEVAD. For more information, the Client may at any time refer to the complaints and appeals information page on the FEVAD website: http://www.fevad.com/espace-consommateurs.
In the event of a possible complaint by a European Customer, resulting from an online purchase, the latter is invited to go to the following website: http://ec.europa.eu/consumers/odr/
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts, unless otherwise provided by law.