GTC of the site www.argalys.com
Updates on 01/05/2020
These 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 434 790 35800023, 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 Customer”
Preamble – Article 1: subject – Article 2: general – Article 3: characteristics of products and prices – Article 4: orders – Article 5: payment – Article 6: delivery – Article 7: retention of title and transfer of risk – Article 8 : right of withdrawal – Article 9: guarantees – Article 10: customer relationship – Article 11: use of personal data – Article 12: management of cookies – Article 13: intellectual property – Article 14: liability – Article 15: force majeure – Article 16: applicable law/complaints, mediation and disputes
Prior to any transaction, the Customer acknowledges having read them and expressly declares to accept them when he ticks the box "I have read and I accept the General Conditions of Sale of argalys.com without reservation and I have taken aware of my right of withdrawal.
The Seller and the Customer agree that their relations are governed exclusively by these general conditions of sale as visible on www.argalys.com (hereinafter referred to as "the Site") at the time of the order.
The Seller specializes 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 apart from its website.
All the products sold by the Seller are listed on the Site which is accessible by the Customer 24 hours a day, 7 days a week, all year round except in the event of maintenance operations.
Article 1: object
The General Conditions of Sale are intended to describe the methods of distance selling of goods and services between the Seller and the Customer. They express all of the obligations and rights of the Parties. The Customer has the option of saving and/or printing them.
The Conditions apply without restriction or reservation to all the products offered on the Site (hereinafter referred to as the “Products”), whatever their nature.
In the event of a contradiction between these General Terms and Conditions of Sale and any other document appearing on the site, including the quality charter or equivalent document, the General Terms and Conditions of Sale prevail.
If one or more of the stipulations hereof are declared void following a settlement or a final decision of a competent jurisdiction, this does not affect the validity, the binding force or the scope of the other clauses of these General Conditions of Sale.
Article 2. General
2.1. Full legal capacity of the Client
Under the General Conditions of Sale, a Customer is any natural person, aged at least eighteen (18) years or having the authorization of the authorized person on the date of validation of his order.
The Customer is a consumer, that is to say that he acts for purposes that do not fall within the scope of a commercial activity, or generally professional.
By ticking the box "I have read and I accept the General Conditions of Sale of argalys.com without reservation and I am aware of my right of withdrawal", the Customer acknowledges having full legal capacity to commit to the title of the General Conditions of Sale.
2.2. Customer identification via a password
During the first order, and in order to personalize its environment, an email address and a password must be entered by the Customer. A uniqueness and e-mail address check is performed by the system.
In the event of loss of the password, the Customer can click on the “forgotten password” section and enter his email address in order to receive a new password at his email 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. He is solely responsible for its use.
2.3. Fields of application, opposability and duration of the General Conditions of Sale
The Customer acknowledges having read the General Conditions of Sale and expressly declares to accept them. This acceptance is given to each order when the Customer ticks the box "I have read and I accept the General Conditions of Sale of argalys.com without reservation and I am aware of my right of withdrawal". He accepts without reservation all the stipulations provided for in these said Conditions.
The General Conditions of Sale are those in force on the Site on the date of validation of the order by the Customer. They are valid for the duration necessary for the supply of the goods and services subscribed, until the expiry of their guarantees.
The Customer is responsible for the implementation of all technical means (IT and telecommunications) specific to allowing him to access the Site.
Unless proven otherwise by the Customer, the Vendor's automatic recording systems are considered as proof of the nature, content and date of the sales contract.
2.5. Modification of the General Conditions of Sale
The Seller reserves the right to adapt or modify the General Conditions of Sale at any time. In the event of modification of these, each order is subject to the General 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 stay informed of developments.
Article 3. Characteristics of products and prices
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 take note of their essential characteristics before taking the final order, this includes a copy of the labels of the Products with their legal and mandatory notices concerning the mode and the related precautions.
At the time of placing the order, the Customer acknowledges having read the special conditions of sale set out on the screen (denomination price, components, weight, quantity, particularities of the products, cost of the services and limitation of certain categories of products) and declares expressly accept 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 the specificities which are personal to him. The Customer acknowledges and confirms that he is the sole judge of the relevance of the products in view of any contraindications that may be personal to him, 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 its sole responsibility. It is exclusively up to the Customer to be assisted by counsel if he does not consider himself sufficiently informed.
3.2. Availability of products/validity of the offer
The product offers and prices appearing 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 your shopping cart does not constitute validation of the order.
The Seller ensures that it implements all necessary efforts 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 participation in shipping costs. The shipping costs are invoiced in addition to the Customer. They are indicated before the validation of the final order. The amount of taxes may change in the event of delivery abroad: in this case, the new amount is indicated to the Customer on the summary page of the order.
The price indicated in the summary 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 tariffs in force at the time of the recording of the orders.
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 applicable to the operation, which may differ according to 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 implies acceptance of the price including VAT of the product as well as the amount of VAT at the rate appearing on the order summary.
In the event of an input, printing or calculation error revealing a price lower than the price normally charged by the Seller, the lowest price is applied to the Customer, unless this price is clearly derisory, i.e. say, unrelated to the actual value of the product ordered. In this case, and despite automatic order confirmation by the Seller, said order is cancelled. The Customer is informed by the Seller as soon as possible so that he can, if he 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 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 payment of its first order.
To create his account, the Customer fills in his title, surname, first name, telephone number, e-mail address, exact delivery address (floor, city, postal code). He also fills in his 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. It undertakes to provide true and sincere information. In addition, he undertakes to inform the Seller of any change concerning said information.
This information is necessary for the management of orders as well as the commercial relationship between the Seller and the Customer. The Customer who does not provide all this information renounces the creation of his account.
The Seller presents a summary of the information provided to the Customer and an email containing this information is sent to him.
The Seller is not responsible for input errors and the resulting consequences (delay and/or delivery error). In this context, the costs incurred for the reshipment of the order are the responsibility of the Customer.
If the Customer does not wish to be the subject of commercial prospecting by telephone, he can register on a list of opposition to telephone canvassing on the site www.bloctel.gouv.fr .
4.1.2. Account use
The Customer has the possibility to consult the details of his current order by clicking on “basket” then “I access my basket”.
The history of orders and invoices can be viewed at any time on the Site in the “order tracking” section.
When the contract is concluded electronically and relates to a sum equal to or greater than 120 euros, the Seller ensures the conservation of the contract for a period of ten (10) years from its conclusion when the delivery is immediate, or from the date of delivery when this is not immediate. The Seller guarantees access at any time to the person who signed it if the latter so requests within the limits set by article 4.1.3.
The Customer can access the archived sales concerning him by making the request by e-mail addressed to firstname.lastname@example.org or by post.
4.1.3. Management of personal data
As part of the exercise of the right to be forgotten, 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 observed. on the account of the customer concerned. This data can then be anonymized in the context of statistical analyzes carried out by the company.
4.1.4. Account deactivation
In the event of non-compliance with these General Terms and Conditions of Sale by the Customer, the Seller reserves the right to deactivate, automatically and without compensation, the Customer's account without having to give notice, after sending a e-mail or formal notice sent by registered letter with acknowledgment of receipt which remained without effect for thirty (30) days.
In the event of a breach or serious and significant misconduct by the Client, the deactivation of the account takes place automatically, without notice, formality or compensation.
It is the responsibility of the Customer who wishes to deactivate his account to inform the Seller by e-mail or registered letter with acknowledgment of receipt addressed 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 which 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 constitute validation of the order. Any order not validated cannot be honored.
The Seller recommends that the Customer keep 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, the indication of the price including tax, if applicable, the difficulties or reservations relating to the order placed. .
The Seller may ask the Customer for proof of identity and address. If this is the case, the order is only confirmed upon receipt and validation of said supporting documents. 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 Seller reserves the right to cancel the order and to reimburse the Customer. If the order confirmation time is exceeded, the order is cancelled.
The Seller reserves the right not to confirm the order in the event of refusal of payment authorization by officially accredited bodies, non-payment for a previous delivery or payment dispute in the course of administration, problem concerning the order received, incomplete order, 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 Seller reserves the right to refuse or cancel any new order from a Customer with whom a dispute exists.
In such cases, the Seller informs the Customer by e-mail.
Lack of confirmation by the Seller within the deadlines does not constitute confirmation and acceptance of the order.
Article 5. Payment
The Customer explicitly acknowledges his obligation to pay when validating 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 deposits or installments.
Only the means of payment described below are accepted on the Site:
5.1. Bank card
The Seller accepts Carte Bleue, Visa and MasterCard. The Customer enters the references of his bank card (card number, expiry date and cryptogram) on the day of the validation of the order, the payment is made following the shipment of the latter (excluding drop).
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 holder of the bank card 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. All he has to do is choose the "Paypal" payment method when choosing the payment and tick the box "I validate my payment method". The Customer is redirected to the Paypal interface. This asks the Customer to identify himself before a summary of the order is offered to him. The Customer validates said summary of the order. At this end, an order confirmation page appears with a new order number.
An e-mail is sent to the Customer to confirm the order and 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 be automatically applied to the amount of the order, excluding shipping costs.
5.4. Default of payment
The Customer guarantees to the Seller that the means of payment used is valid and is not the result of a fraudulent operation.
In the case of an order that has not been fully or partially paid for by the Customer, the Seller undertakes to inform the Customer of this by e-mail and to ask him to remedy the situation.
In the absence of a response or solution before the delivery date of the order, the Seller reserves the right to refuse to make a delivery, to honor an order, or even to cancel all orders in progress or to suspend the account. client.
The Seller is authorized to suspend any order or any delivery in the event of refusal of authorization by the financial organisations.
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 Seller's servers.
To increase security, the Customer communicates this information with each new order.
The Customer can choose to activate the “one-click” option by checking the box “register my card for my next orders. By checking this box you accept that your bank details will be saved in your online account, in a secure way, in order to avoid you having to enter them again during future orders. The data linked to the Customer's bank card is not stored by the Seller, but by its service provider WPSERVEUR. The "one-click" function can be activated if the Customer wishes, in order to avoid having to enter information relating to his bank card when ordering later.
The Customer may terminate the "one-click" option at any time.
If the Customer does not wish to activate this option, the information necessary to pay for his order by credit card must be communicated with each of his orders.
In the event of payment made fraudulently, in particular by means of stolen credit card numbers, the Seller reserves the right to transmit to the police all information relating to the order paid fraudulently, possibly allowing the intervention of the police. of the order upon delivery of the order.
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 has the option of downloading and/or printing it. He can request a paper version 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 of placing the order.
Article 6. Delivery
The delivery of the order is carried out by third party transport 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 ordering process. He 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 up to the Customer to verify the accuracy of the information entered before validating the order (full address as described in 4.1.1 hereof). In the event of an error in the wording of the contact details, the Seller cannot be held responsible for the impossibility of delivering the order. The delivery costs incurred for this delivery are not reimbursed to the Customer. However, the Customer may contact Argalys Customer Service by e-mail (the address of which is mentioned in Article 10. Customer Relations) or use the contact form on the site available at the following address: http://www.argalys .com/contact.html and choosing as the subject of the question: “a change of address? ". If the Customer's request occurs 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 return of the parcel to the correct address is invoiced to the Customer.
The delivery of the 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 Seller 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 honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute remains.
Delivery is made in the presence of the Customer or any person authorized to receive the goods. It is carried out at the property limit (or joint ownership if the place of delivery is located in a joint ownership). The Deliverer is not required to enter the Customer's home when the order is delivered.
It is up to the Customer to check before ordering, in particular with regard to the specifications of the products in terms of size, weight and volume, that they can be transported by normal access routes to the place of delivery.
The delivery being made by a professional carrier, the place of delivery must be accessible to the vehicles provided for this purpose (utility vehicles up to 20 m³) and this up to the limit of ownership or joint ownership. In the event of non-accessibility by this type of vehicle, the Customer undertakes to recover the goods at an accessible collection point.
The Seller reserves the right not to follow up on an order from a Customer who cannot prove his delivery address on simple request from Customer Service or the Deliverer.
The Customer agrees to prove his identity in the event of a request from the Deliverer, by an official identity document in force and by communicating, if necessary, the order number.
In the event that the Customer is unable to receive the order himself, it is up to him to appoint a third party with a power of attorney and a photocopy of the identity card of the said Customer.
No request for delivery of parcels can be honored if the conditions indicated above are not respected by the Customer.
In the event of delivery to the Customer's place of work, as the Deliverer does not have access to the premises, the Customer takes all necessary precautions so that the Deliverer can deliver the order to him and the Customer can receive it.
The Seller cannot be held responsible for the delivery of the order to a third party present at the delivery address declared by the Customer during the validation of the order.
The delivery of two (2) orders or more to the home of the same Customer (people living under the same roof), on the same day, on the same slot or on a different delivery slot than that chosen for the first order gives rise to the invoicing of as many home delivery packages, unless expressly agreed otherwise by the Seller's Customer Service.
Upon delivery of the order to the Customer at the address indicated and after the signing of the delivery note by the Customer, the Seller has fulfilled its obligation to deliver. 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 his absence, the order is canceled and refunded, minus the costs of the second presentation.
Delivery costs are calculated automatically and indicated when choosing the delivery method.
The amount of the delivery costs varies according to the amount of the basket and the place of delivery. Tariff indications covering the cases of metropolitan France (excluding armed postcodes), Belgium, Spain and Switzerland are given on the page http://www.argalys.com/informations-livraison.html.
6.4.Receipt of products
The delivery time is indicated to the Customer when placing his order and before validating it. 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) delivery methods, namely delivery to a relay point or to their home.
6.4.1. Relay point delivery
In the case of delivery to a relay point, the Customer is notified of the arrival of his package by e-mail from the said relay chosen by the Customer.
When withdrawing his order, the Customer is invited to check the general condition of his package before signing and in the event of damage to refuse it. However, in the event of the merchant's refusal to open the parcel at the relay point, the Customer is invited to report the incident, within 72 hours of receipt of the parcel, by e-mail to Customer Service (whose address is mentioned in Article 10. Customer Relations) or by using the contact form on the site, available at the following address: http://www.argalys.com/contact.html The Customer indicates the order number concerned and attaches a precise description of the condition of the damaged package or product.
The parcels are available to the recipient for a period of 10 to 14 days depending on the relays. Packages that are not collected at the end of this period are returned to the Seller.
The return of the order to the Seller due to the Customer's failure to collect it, within the time indicated, entails the cancellation and reimbursement of the said order to the Customer. In this case, the amount of the return costs is deducted from the amount refunded to the Customer. The amount retained 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 his carrier (which may be between €6 and €100).
In such a case, if the Customer wishes to benefit from his order, a new order should be placed. The Customer bears the delivery costs related to 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 his order. Delivery is made against signature.
If during delivery, the Customer is not present, a delivery notice is left to the recipient indicating a new delivery date or information relating to the delivery of the package.
Upon receipt of the package, the Customer checks the condition of his package before signing the delivery note and may refuse any damaged package or product by noting on the delivery note "refusal for damage". However, in the event of the carrier's refusal to let the Customer open the package, or if the package has been handed over to a third party, the Customer is invited to report the incident, within 72 hours, by e-mail to the Service. Customer of the Seller (whose address is mentioned in article 10. Customer Relations) or by using the contact form on the site, available at the following address: http://www.argalys.com/contact.html . It indicates the order number concerned and attaches a precise description of the condition of the damaged package or product.
The Customer agrees to be present at the delivery address indicated on the day of delivery. He undertakes to sign the delivery note presented by the Deliverer on which he issues any precise and concise handwritten reservations concerning the products delivered.
In case of absence of the Customer during the delivery, the Delivery Person contacts the Customer in order to agree on a new delivery date. After the second passage, the Deliverer is able to drop off the package at a relay point near the Customer's home.
The delivery note can 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 download on the Website www.greenweez.com under my account.
6.5. Dispute management and product returns
In the event of a dispute, the original packaging must be kept until the resolution of the said dispute. The Seller advises the Customer to inform Customer Service within a maximum period of 24 hours from delivery.
In the event of an incident during delivery, the Customer is invited to contact the Seller's Customer Service to indicate the damage that occurred during delivery. The Seller recommends that the Customer confirm, within 24 hours, the incident by e-mail to the Seller's Customer Service by e-mail (the address of which is mentioned in article 10. Customer Relations) or by using the form site contact information, available at the following address: http://www.argalys.com/contact.html . To this end, the Seller's Customer Service contacts the Customer to establish any possible terms for repairing the damage.
The Seller undertakes to respond to all requests or complaints within a maximum period of ten (10) days from the date of receipt thereof.
Except in cases of force majeure, fortuitous event or due to a third party, the Seller respects 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 a delay in delivery, the Seller suggests that the Customer notify him of this delay by contacting Customer Service in order to agree together on the best solution.
Article 7. Retention of title 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 the products. The above provisions do not prevent the transfer, for the benefit of the Customer, of the risks of loss or deterioration of the products, as well as the damage they could 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 of withdrawal from the contract concluded at a distance without having to justify its decision.
The Customer notifies the Seller of his decision to withdraw by sending him the withdrawal form (available in the "my account" and "make a return" section, as well as in the appendix hereto) or an unambiguous declaration, expressing his desire to withdraw, before the expiry of the aforementioned period by e-mail (the address of which is mentioned in article 10. Customer Relations) or by using the contact form on the site, available at the following address: http: //www.argalys.com/contact.html, section “I have a question about an order already placed”. .
8.2. Conditions for returning products
Following the latest measures taken by the French government concerning COVID-19, for hygiene reasons we are temporarily unable to take returns, neither for after-sales service nor for the right of withdrawal. We are extending the deadlines for returns and withdrawal and invite you to keep your products until the end of the crisis. You can then return them to us following the usual procedure.
The Seller recommends that the Customer return the product(s) subject to the withdrawal to the Seller, without undue delay and, at the latest, fourteen (14) days following the date of communication of its decision to withdraw.
The return of the product(s) takes place in their original packaging(s), in good condition, UNOPENED (with the device for first opening unaltered) accompanied by the documentation. They must be accompanied by the invoice and the duly completed withdrawal form.
The Seller also recommends that the Customer return the product with its original packaging in a package provided for this purpose, which does not allow the identification of the product (postal package, bubble envelope, craft paper, etc.).
Finally, the Seller recommends that the Customer return the products by registered parcel with acknowledgment 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 resalable condition. Any product that is incomplete or damaged by the Customer following manipulations other than those 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 bears all the costs of return in the event of exercise of his right of withdrawal.
In the event of exercise of the right of withdrawal by the Customer, the Seller is required to reimburse all the sums paid by the Customer at the latest within fourteen (14) days from the date of recovery of the products or until that the Customer has provided proof of the shipment of these products. The date used is that of the first of these facts.
The Seller proceeds with the refund using the same means of payment as the one the Customer used for the initial transaction, unless the Customer expressly consents to a different means offered by the Seller.
A product that has benefited from a promotional advantage will be reimbursed at the price actually paid by the Customer.
It is recalled that the Customer bears all the costs of return in the event of exercise of his right of withdrawal.
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 quickly (fresh products, products taken from the cold chain, etc.), as well as for hygiene products unsealed by the Customer and which cannot be taken back for reasons of hygiene or health protection (epilators, underwear, razors, toothbrushes, etc.).
Article 9. Warranties
9.1. The legal guarantee
The Seller undertakes to provide the Customer with goods or services in accordance with his request.
In any case, the Customer may avail himself, for tangible goods, from the Seller (at the address mentioned in article 11), of the legal guarantee of conformity provided for by the Consumer Code and in particular of the articles :
- Article L.217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to defects of conformity resulting from the packaging, the assembly instructions or the 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 Consumer Code: “The good complies with the contract:
- 1. if it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
- 2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”
- 1. if it is specific to the use usually expected of a similar good and, where applicable:
- Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods"
The Seller also remains liable for redhibitory defects of the thing 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 does not would not have acquired, or would have given only a lesser price, if he had known 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 granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution 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 available to the Customer.
- By email: email@example.com
- By post to the following address: Argalys BP90070-69653 Villefranche Cedex
- Via the contact form www.argalys.com/contact
Article 11. Protection of personal data
WHO PROCESSES YOUR DATA?
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 data concerning you for the purposes listed below and detailed below:
First of all, they are used for customer relationship management purposes and to allow us to better interact with our customers, to optimize the user experience or to respond to requests and possible complaints from our customers.
These treatments include in particular:
- The possibility of creating an account,
- the management of your consents and authorizations concerning the use of your personal data in particular for the sending of newsletters and commercial solicitations by electronic means,
- Allow you to benefit from Argalys services: order products and services, track your orders and their invoicing, subscribe to newsletters, etc.
- Recognize your status as a loyalty customer, when you wish to indicate this to ARGALYS, and if this information is requested from you. Being reminded here, the use of your personal data by the ARGALYS loyalty program is 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, particularly in the context of any disputes (in particular via customer service accessible for example by telephone, by instant messaging such as chat. these exchanges may be recorded for the purpose of improving the service ),
- the management of your requests related to the exercise of the rights in particular 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 securing your data and our information systems used for the purposes of using ARGALYS, as well as for the defense 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 relating thereto;
- to establish analyzes or statistics to respond to inquiries or requests carried out by public interest bodies, or administrations, or administrative or judicial authorities (example in the event of a food risk),
- to trace and administer the evidence that ARGALYS must report in application of its legal or regulatory obligations or for purposes related to the management of litigation (e.g. the necessary evidence concerning the exercise of your rights, evidence relating to your orders)
- the management of any disputes, in particular related to the recovery of sums that you may owe us, and the management of payment incidents,
- to comply with our legal or regulatory obligations applicable to the activity of ARGALYS (eg to respond to requests from the tax authorities).
Your data may also be used to carry out operations relating to commercial prospecting, or studies intended to improve customer knowledge and the services that ARGALYS can offer to its customers. Your data is thus likely to be used, in compliance with the required authorizations that you may have granted to us:
- to send you promotional messages or advertisements, personalized or not, by post or electronically, including by mobile notifications, according to your profile,
For commercial prospecting operations linked to profiling and which are based on the consent of the person concerned by the processing, the latter may withdraw their consent at any time, it being understood that this will not call into question the legality of the processing implemented before this revocation.
Your data may be used to carry out technical operations related to the processing of your personal data, for the purposes of the purposes set out herein. This includes :
- technical operations related to the rectification of addresses;
- the allocation of a digital 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 advertisements,
- technical, organizational or cybersecurity operations related to the detection of anomaly and the securing of your data as well as our information systems from which your data is processed.
WHY DOES THE PROCESSING OF YOUR PERSONAL DATA TAKE PLACE?
Your data may be processed for one or more of the following reasons:
- because it is necessary to provide the services of ARGALYS.
- as part 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 allow us or our partners to pursue our legitimate interests such as building customer loyalty, optimally managing our relationship with our customers, get to know them better and promote our products and services to them, or fight against fraud and ensure our defense in the event of litigation.
WHAT DATA DO WE COLLECT?
The data processed in the ARGALYS framework comes from:
- your registration: data appearing on the subscription form such as your surname, first name, date of birth, contact details
- the use of ARGALYS services such as your purchases, data allowing you to be identified and authenticated (connection logs, IP address), those relating to purchases, places and times of order and purchase, your navigation on the site, on the dates and times of consultation of the site, location data;
- sites and mobile applications published by entities third to ARGALYS: information relating to navigation or advertisements addressed to you;
- social networks such as facebook, linkedin, twitter; Indeed, data exchanges can take place between ARGALYS and social networks, when for example you are connected to the facebook social network 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 want 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 electronic address, data relating to your profile, which will integrate our databases. These third parties have collected your data fairly and obtained any consent required before any transmission to ARGALYS.
With the exception of data from open data, other data is not accessible to the public.
The data can be collected directly from you or through the use of ARGALYS services or even come from other group entities or possibly from our partners or third parties.
The data collected is essential to allow ARGALYS, their service providers and/or partners to provide the services of the services offered via ARGALYS.com, to allow us to get to know you better and to interact with you, to offer a facilitated relationship with the ecosystem of ARGALYS, or to contact you, content adapted to your profile and your centers of interest.
WHO WILL BE LIKELY TO ACCESS YOUR DATA?
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:
- authorized persons of the departments concerned within the company ARGALYS
- to payment providers and collection providers for sums that you may owe,
- ARGALYS service providers and subcontractors;
- the administrative or judicial authorities where necessary in the context of compliance with our legal obligations or to enable us to ensure the defense of our rights and interests.
LIMITATION OF THE CONSERVATION PERIOD OF YOUR DATA
The data collected about you will be kept for the duration necessary for the fulfillment of the purposes above, 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 allow us to send you commercial solicitations.
The data concerning you may be kept for longer under specific legal obligations or with regard to the applicable legal limitation periods. For example, data may be retained for:
- 6 years for tax documents;
- 10 years for accounting documents;
- the entire duration of the litigation and until all remedies have been exhausted.
HOW ARE YOUR DATA SECURED?
The Argalys company takes into account the nature of the personal data and the risks presented by the processing, to put in place the appropriate technical, physical and organizational measures to preserve the security and confidentiality of the personal data and prevent them from being distorted. , damaged or that unauthorized third parties have access to it.
The Argalys company chooses subcontractors or service providers who offer guarantees in terms of quality, security, reliability and resources to ensure the implementation of technical and organizational measures, including in terms of processing security. Subcontractors and service providers undertake to respect levels of confidentiality at least identical to those of Argalys.
ARE YOUR DATA PROCESSED OUTSIDE THE EUROPEAN UNION?
Except in exceptional circumstances, 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 a right to information as well as a right of access, rectification, deletion (unless they are necessary for the execution of our contract, or that they are necessary for us to comply with our legal obligations or ascertain or exercise our rights) related to the data which concern you, as well as the right to define directives relating to the fate of your data after your death. It is specified here that under the right of access, Argalys may request the payment of reasonable costs based on the administrative costs for any additional copy of the data to that which will be communicated to you.
You also have a right to obtain the limitation of processing and a right to the portability of the data that you may have provided, which will apply in certain cases. In addition, you can request to exercise your right of opposition for reasons relating to your particular situation, to the processing of personal data concerning you when the processing is based on the legitimate interest of the data controller, including profiling. . In the event of the exercise of such a right of opposition, ARGALYS will cease the processing except when there are legitimate and compelling reasons for the processing which prevail over the interests and rights and freedoms of the person concerned or for the observation, the exercise or defense of legal claims. You can also object to any processing related to prospecting (including profiling related to such prospecting), or withdraw your consent at any time, in cases where this would have been requested of you (the withdrawal of your consent will be without affecting the lawfulness of the processing carried out before the withdrawal of consent)
ARGALYS wishes to inform you that failure to provide information or modification of your data is likely to have consequences in the processing of certain requests in the context of the execution of the services and that your requests for the exercise of rights will be kept. for tracking purposes
The communication of specific post-mortem instructions and the exercise of your rights are carried out by e-mail to the address firstname.lastname@example.org or by post to the address Argalys BP90070 69653 Villefranche cedex, specifying the information allowing you to establish your identity.
In the event that we are unable to respond to your requests in a way that satisfies you, you can also lodge 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 can use them. He can deactivate these cookies at any time and this free of charge from the deactivation possibilities offered to him and recalled below, knowing that this may reduce or prevent accessibility 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 Customer's terminal (computer, tablet, smartphone, etc.) on the Site may be saved in text files called "Cookies", installed on their browser. Cookies will be used to recognize its 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 placed by a third party on areas of the Site
The Site may contain Cookies issued by third parties (communication agency, audience measurement company, targeted advertising provider, etc.) allowing them, during the period of validity of their Cookies:
- to collect browsing information relating to browsers consulting the Site,
- to determine the advertising content likely to correspond to the Customer's centers of interest in order to send him targeted advertisements, with regard to his browsing history collected by the third party.
12.4. Cookies embedded in third-party applications on the Site or Services
The Seller is likely to include computer applications from third parties on its Site, which allow it to share Site content with other people or to inform these other people of the Customer's consultations or its opinions concerning a content of the Site. This is particularly the case with the "Share" and "Like" buttons from social networks such as Facebook, "Twitter", "viadéo", etc.
The social network is likely to identify the Customer using this button, even if the Customer did not use it when consulting the Site. This type of application button can allow the social network concerned to follow navigation on the Site, simply because the social network account is activated on the Client's browser (open session) while browsing 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 your device usage with others
The sharing with other people of the use of your terminal and the configuration of your browser settings with regard to Cookies are the free choice of the Customer and his responsibility. If the Customer's terminal is used by several people and when the same terminal has several navigation software, the Seller cannot ensure with certainty that the services and advertisements intended for the Customer's terminal correspond to its own use. of this terminal and not to that of another user of this terminal.
Thus the Customer can manage his cookies:
- from its navigation software, or
- interprofessional platforms, or
- when it is proposed to him from a link present in the list below.
Please note: the taking into account of the Customer's unsubscription is based on a cookie. Consequently, if the Customer deactivates all cookies on his terminal or if he changes the terminal, the Seller will no longer know that the Customer has chosen this option.
1) Management of cookies from the navigation software: the Customer can configure his navigation software so that Cookies are saved in his terminal or that they are rejected, either systematically or according to their issuer.
To find out the procedures applicable to the management of cookies stored in the browser, the Customer is invited to consult the help menu of your browser as well as the "Your traces" section of the CNIL (National Commission for Computing & Freedoms) http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/.
2) Online management of cookies from interprofessional platforms: the Customer can also connect, for example, to the Youronlinechoices Site http://www.youronlinechoices.com/fr/controler-ses-cookies/, offered by the professionals of digital advertising grouped 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 allowing 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 make it possible to adapt advertisements to your centers of interest.
Article 13. Intellectual property
The texts and graphic elements, their assembly on the Site, and the Site itself are the exclusive property of the Seller and are protected under the applicable copyright legislation. The logos, distinctive signs of the Seller 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 authorization, any reproduction, downloading, copying, modification, commercial use, total or partial, of the various elements of the Site are prohibited and exposes its or its authors to prosecution.
The General Conditions of Sale do not in any way authorize the reproduction, modification or commercial use of the various elements of the Site.
By accessing this Site, the Seller grants a license to use the following conditions:
- a right of private, personal and non-transferable use of the content of the Site or one of the elements that compose it,
- a right of reproduction for storage for the purposes of reproduction on a single-user screen, in one copy, for backup 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 from the site carried out in contravention of the provisions of the Law of 1 July 1998, concerning the legal protection of databases. data.
Any use of the Site in contradiction with the provisions of this article constitutes an offense of counterfeiting, for which the person who committed such an offense (“Counterfeiter”) may be asked to answer for it. Civil and criminal penalties may be pronounced against any counterfeiter.
Article 14. Liability
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 (defined in Article 15 hereof).
The fact for one of the Parties not to take advantage of a failure by the other Party to any of the obligations referred to herein shall not be interpreted for the future as a definitive waiver by the non-Party. defaulting on 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 operate without interruption.
The Customer acknowledges accepting that the Seller cannot be held responsible for interruptions or slowdowns of the Site or damage related to:
- a fraudulent intrusion by a third party into the Site, or the illicit extraction of data, despite the implementation of security means in accordance 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;
- to access speeds to the Site, in particular from other websites, speeds of opening and consulting the pages of the Site, external slowdowns, suspension or inaccessibility of the Service,
- the fraudulent use by the Customer or third parties of all the information made available on the Site,
- to 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 to be 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 accesses.
The Site reserves the right, without notice or compensation, to temporarily or permanently discontinue a service or all the services offered from the Site.
It is the Client's responsibility to protect his technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion and to carry out all backups of his data, the Site cannot be held responsible for this.
The Site reserves the right to make any changes and improvements it deems necessary or useful.
The Site may contain hypertext links to other websites, which are subject to their own rules of use and in particular concerning the use of the Customer'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 makes no commitment regarding these other websites 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 their personal data by them. .
The creation of hypertext links, deep or not, to the Site is strictly prohibited.
14.3. Illegal Content/Good Morals
Any action by the Customer which would have the purpose of restricting or preventing another customer from using or benefiting from the Site is strictly prohibited. The Seller reminds that the Customer may only use the Site for legal purposes and that he is prohibited from publishing or transmitting via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise harmful to the human dignity. In the event that the Seller is informed of the presence of illegal content on the Site, it would be entitled to immediately remove the content. The Seller also reserves the right to take all necessary measures to enforce its rights. Seller may electronically monitor posted materials and public areas of the Site for 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 honor orders that contravene public order or morality.
Article 15. Force majeure
Events of force majeure are deemed to be those which, unforeseeable and irresistible, render absolutely impossible the execution of the sales contract under the conditions provided for.
All events of force majeure, defined by regulations and case law, constitute a cause for suspension or termination of the Seller's obligations, if the event continues beyond one (1) month. The Seller cannot be held responsible for the non-performance of the contract concluded in the event of the occurrence of one of the aforementioned events.
Article 16. Applicable law/Complaints, mediation and disputes
The General Conditions of Sale are subject to French law, unless otherwise provided by law.
In the event of a dispute, the Customer may, first of all, contact the Customer Service of the Seller in order to seek an amicable solution.
The Seller informs the Customer that he is a member of the Federation of e-commerce and distance selling (FEVAD) and the e-commerce mediation service (60 rue la Boétie – 75008 PARIS – email@example.com). This impartial, confidential and rapid alternative dispute resolution service is organized by FEVAD. For more information, the Customer may at any time refer to the information page on complaints and remedies 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:
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