General terms and conditions of sale

Terms and conditions of the website www.argalys.com

Updated on 05/01/2020
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”

Plan

Preamble – Article 1: purpose – Article 2: general information – 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

Preamble

Prior to any transaction, the Customer acknowledges having read them and expressly declares to accept them by ticking the box "I have read and accept the General Conditions of Sale of argalys.com without reservation and I have read my right of withdrawal".
The Seller and the Customer agree that their relationship is governed exclusively by these 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 specializes in the design and sale of dietary supplements and other products or products belonging to the field of well-being. It sells its products through other distributors and via its website www.argalys.com, hereinafter referred to as "the Site". It does not have a store outside of its website.
All products sold by the Seller are listed on the Site which is accessible to the Customer 24 hours a day, 7 days a week, all year round except in the event of maintenance operations.

Article 1. Purpose

The General Terms and Conditions of Sale are intended to describe the terms and conditions of distance selling of goods and services between the Seller and the Customer. They express the entirety 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 products offered on the Site (hereinafter referred to as the “Products”), regardless of their nature.
In the event of any contradiction between these General Conditions of Sale and any other document appearing on the site, including the quality charter or equivalent document, the General Conditions of Sale shall prevail.
If one or more of the provisions of these General Terms and Conditions of Sale are declared null and void following a settlement or final decision of 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 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 their order.
The Customer is a consumer, that is to say, he acts for purposes which do not fall within the scope of a commercial activity, or generally professional.
By checking the box "I have read and accept the General Conditions of Sale of argalys.com without reservation and I have acknowledged my right of withdrawal", the Customer acknowledges having full legal capacity to commit to the General Conditions of Sale.

2.2. Customer identification via password

When placing an order for the first time, and in order to personalize their environment, the Customer must enter an email address and password. The system checks the uniqueness of the email address.
If the password is lost, the Customer can click on the “forgotten password” section and enter their email address to receive a new password at their email address.
The password is not used to make a payment. It is confidential and is requested from the Customer each time they log in to the Site. They are solely responsible for its use.

2.3. Scope of application, enforceability and duration of the General Conditions of Sale

The Customer acknowledges having read the General Terms and Conditions of Sale and expressly declares to accept them. This acceptance is given with each order as soon as the Customer checks 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". 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 to, until the expiry of their guarantees.
The Client is responsible for implementing all technical means (IT and telecommunications) to enable him to access the Site.

2.4. Proof

Unless proven otherwise by the Customer, the Seller's automatic recording systems are considered to constitute 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 Terms and Conditions of Sale at any time. In the event of modification of these General Terms and Conditions of Sale, each order shall be subject to the General Terms and Conditions of Sale in effect on the date of the order. The Customer is invited to consult the Site regularly to keep informed of any 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 become aware of their essential characteristics before placing a final order, this includes a copy of the Product labels with their legal and obligatory notices concerning the method and precautions for use relating to them.
At the time of placing the order, the Customer acknowledges having read the specific conditions of sale stated on screen (denomination, price, components, weight, quantity, specific features of the products, cost of services and limitation of certain categories of products) and expressly declares to 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 in view of his personal specificities. The Customer acknowledges and confirms that he is the sole judge of the suitability of the products in view of any contraindications that may be personal to him, as well as their compatibility with any other products that 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 the exclusive responsibility of the Customer to seek advice 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 that is temporarily unavailable is indicated as such on the Site. Simply adding an item to your shopping cart does not constitute validation of the order.
The Seller ensures that it makes 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 order validation. If this is the case, the Customer will be informed directly and before any payment for said order.

3.3. Price

The prices displayed on the Site are determined by the Seller. They do not include shipping costs. Shipping costs are charged to the Customer in addition. They are indicated before the final order is confirmed. 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 order summary page.
The price indicated in the Customer's order summary is the final price. It includes the total price of the order with the details of each product as well as the delivery costs.
Products are invoiced based on the rates in effect at the time orders are 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 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 a transaction may result in the modification of the price including tax of the transaction, until the validation of the order.
Validation of the order by payment constitutes acceptance of the price including tax of the product as well as the amount of VAT at the rate appearing on the order summary.
In the event of a data entry, printing or calculation error resulting in 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., unrelated to the actual value of the product ordered. In this case, and despite automatic order confirmation by the Seller, the said order is cancelled. The Customer is informed by the Seller as soon as possible so that they can, if they wish, 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 paying for their first order.
To create an account, the Customer provides their title, first name, last name, telephone number, email address, and exact delivery address (floor, city, postal code). They also provide their email address and choose a password. These details are confidential. The Customer is solely responsible for the consequences of using their account until it is deactivated. They agree to provide true and honest information. Furthermore, they agree to inform the Seller of any changes to said information.
This information is necessary for order management and the commercial relationship between the Seller and the Customer. Any Customer who does not provide all of this information waives the right to create their 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 data entry errors and the resulting consequences (delay and/or delivery error). In this context, the costs incurred for reshipping 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 website www.bloctel.gouv.fr .

4.1.2. Use of the account

The Customer can view the details of their 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 delivery is immediate, or from the date of delivery when this is not immediate. The Seller guarantees access to it at any time to the person who signed if the latter requests it within the limits set by article 4.1.3.
The Customer can access archived sales concerning him by making a request by email to contact2@argalys.com 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 may then be anonymized as part of statistical analyses carried out by the company.

4.1.4. Account Deactivation

In the event of non-compliance with these General Conditions of Sale by the Customer, the Seller reserves the right to deactivate, automatically and without compensation, the Customer's account without having to provide notice, after sending an email or a formal notice sent by registered letter with acknowledgment of receipt which remains without effect for thirty (30) days.
In the event of a serious and significant breach or fault by the Client, the account will be deactivated automatically, without notice, formality or compensation.
It is the responsibility of the Customer who wishes to deactivate his account to inform the Seller by email 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 their order in accordance with the instructions on the Site. This order is summarized in a summary that includes all the elements. The Customer confirms it by clicking on the "I complete my order" icon. Simply adding a product to the basket does not constitute confirmation of the order. Any order that has not been confirmed cannot be fulfilled.
The Seller recommends that the Customer keep a record of the data relating to his order on a reliable paper or electronic medium.

4.3. Confirmation of the order by the Seller

The Seller confirms receipt of the Customer's order by sending an automatic email detailing the essential characteristics of the product ordered, the price including tax, and, where applicable, any difficulties or reservations relating to the order placed.
The Seller may request proof of identity and address from the Customer. If this is the case, the order is only confirmed upon receipt and validation of said proof. Any delay in providing this information may affect the delivery time of the order. In the event that the Customer does not provide any of this information, the Seller reserves the right to cancel the order and refund the Customer. If the order confirmation deadline is exceeded, the order is canceled.
The Seller reserves the right not to confirm the order in the event of refusal of payment authorization by officially accredited organizations, non-payment of a previous delivery or payment dispute in the process 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 email.
Failure by the Seller to confirm within the time limits shall not be deemed to constitute confirmation and acceptance of the order.

Article 5. Payment

The Customer explicitly acknowledges their payment obligation when confirming the order. By clicking on "pay to order", they acknowledge that placing an order entails payment for the order. The amounts collected are not considered as deposits or down payments.
Only the payment methods described below are accepted on the Site:

5.1. Bank card

The Seller accepts Carte Bleue, Visa and MasterCard. The Customer provides their credit card details (card number, expiry date and cryptogram) on the day the order is validated, payment is made following shipment of the order (excluding drop).
For any first order and/or in the event of random checks, validation of the order by entering a 3D-SECURE code provided by the bank of the card holder and communicated by SMS, may be requested from the Customer in order to validate the payment.

5.3. Paypal

The Customer can pay for their order via their Paypal account. They simply need to select the "Paypal" payment method when choosing payment and check the "I confirm my payment method" box. The Customer is redirected to the Paypal interface. This will ask them to identify themselves before an order summary is offered. The Customer confirms the order summary. At this point, an order confirmation page appears with a new order number.
An email is sent to the Customer to confirm the order and send them 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 payment method used is valid and is not the result of a fraudulent transaction.
In the event of an order which has not been paid in full or in part by the Customer, the Seller undertakes to inform the Customer by email and to ask them to remedy the situation.
In the absence of a response or solution before the order delivery date, the Seller reserves the right to refuse to make a delivery, to honor an order, or even to cancel all current orders or to suspend the Customer's account.
The Seller reserves the right to suspend any order or delivery in the event of refusal of authorization by financial institutions.

5.7. Securing payment methods

All banking transactions are carried out securely on the Site. The Seller uses the HTTPS protocol of its service provider WPSERVEUR, which encrypts information to protect all data related to personal information and payment methods.
The information provided 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 "save my card for my next orders. By checking this box you agree that your bank details will be saved in your online account, securely, to avoid you having to enter them again for future orders". The data linked to the Customer's bank card are 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 them having to enter their bank card information for 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 necessary for payment of their order by credit card must be provided with each of their orders.
In the event of payment made fraudulently, in particular by means of stolen bank card numbers, the Seller reserves the right to transmit to the police all information relating to the fraudulently paid order, possibly allowing intervention by the police upon delivery of the order.

5.8. Invoices

The invoice is issued for each order. It is not sent by email but is available in digital format on the Site.
The Customer has the option to download and/or print it. They can request a paper version from Customer Service.
Validation of the order at the time of payment constitutes acceptance of payment of the VAT, indicated at the time of placing the order.

Article 6. Delivery

6.1. General information

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 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 confirming 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. The Customer may, however, contact Argalys Customer Service by email (the address of which is mentioned in article 10. Customer Relations) or use the contact form on the website available at the following address: https://www.argalys.com/pages/contact 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 dispatch date of this order, the Seller cannot be held responsible for the failure to correct this error in the delivery address. The reshipment of the package to the correct address is invoiced to the Customer.
Delivery of products is assured 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 shipment. 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 for a previous order or with whom a payment dispute remains.

6.2. Delivery conditions

Delivery is made in the presence of the Customer or any person authorized to receive the goods. It is made at the property boundary (or co-ownership boundary if the delivery location is located in a co-ownership). The Delivery Person is not required to enter the Customer's home when delivering the order.
It is the Customer's responsibility to check, prior to ordering, particularly with regard to the product specifications in terms of size, weight and volume, that they can be transported via normal access routes to the place of delivery.
As delivery is carried out by a professional carrier, the delivery location must be accessible to vehicles provided for this purpose (utility vehicles up to 20 m³) up to the property line or the co-ownership boundary. In the event of non-accessibility by this type of vehicle, the Customer undertakes to collect the goods from an accessible collection point.
The Seller reserves the right not to process an order from a Customer who cannot provide proof of their delivery address upon simple request from Customer Service or the Delivery Person.
The Customer agrees to provide proof of his identity if requested by the Delivery Person, by providing a valid official identity document and, if necessary, by providing the order number.
If the Customer is unable to receive the order himself, he must appoint a third party with power of attorney and a photocopy of the Customer's identity card.
No request for parcel delivery can be honored if the conditions indicated above are not respected by the Customer.
In the event of delivery to the Customer's workplace, as the Delivery Person does not have access to the premises, the Customer shall take all necessary precautions to ensure that the Delivery Person can deliver the order 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 when confirming the order.
The delivery of two (2) or more orders to the home of the same Customer (people living under the same roof), on the same day, in the same time slot or in 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 Customer has signed the delivery slip, the Seller has fulfilled its delivery obligation. The Seller therefore declines all liability 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 cancelled and refunded, less the cost of the second presentation.

6.3. Delivery costs

Delivery costs are calculated automatically and indicated when choosing the delivery method.
The amount of delivery costs varies depending on the amount of the basket and the delivery location. Price indications covering the cases of mainland France (excluding Army postal codes), 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 their order and before confirming it. The delivery date depends on the availability of the products (which may vary depending on each product) as well as the delivery method chosen.
The Customer has two (2) delivery methods, namely delivery to a relay point or to the home.

6.4.1. Delivery to a Relay Point

In the case of delivery to a relay point, the Customer is notified of the arrival of their package by email from the relay point chosen by the Customer.
When collecting their order, the Customer is invited to check the general condition of their package before signing and, in the event of damage, to refuse it. However, if the merchant refuses to open the package at the relay point, the Customer is invited to report the incident within 72 hours of receiving the package by email to Customer Service (the address of which is mentioned in article 10. Customer Relations) or by using the contact form on the website, available at the following address: https://www.argalys.com/pages/contact 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 relay point. Packages that are not collected after 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 specified timeframe will result in the cancellation and refund of the order to the Customer. In this case, the amount of the return costs will be deducted from the amount refunded to the Customer. The amount deducted will be the same as the delivery costs due for the order not collected. The Seller nevertheless reserves the right to adjust the amount of these costs depending on the size, weight, geographical area and nature of the order not collected by the Customer. The amount that will then be applied will be the price actually paid by the Seller to its carrier (which can 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 provided by the Customer when placing the order. Delivery is made against signature.
If the Customer is not present upon delivery, a calling card is left with 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 the package before signing the delivery slip and may refuse any damaged package or product by noting on the delivery slip "refusal due to damage". However, in the event of refusal by the carrier to allow the Customer to 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 email to the Seller's Customer Service (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: https://www.argalys.com/pages/contact 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. He undertakes to sign the delivery slip presented by the Delivery Person on which he issues any precise and concise handwritten reservations concerning the products delivered.
If the Customer is absent at the time of delivery, the Delivery Person will contact the Customer to arrange a new delivery date. After the second delivery, the Delivery Person will be able to drop off the package at a collection point near the Customer's home.
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 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 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 to indicate the damage that occurred during delivery. The Seller recommends that the Customer confirms, within 24 hours, the incident by email to the Seller's Customer Service by email (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: https://www.argalys.com/pages/contact To this end, the Seller's Customer Service will contact the Customer to establish possible methods of repairing the damage.
The Seller undertakes to respond to all requests or complaints within a maximum of ten (10) days from the date of receipt thereof.

6.6. Delivery time

Except in cases of force majeure, unforeseeable circumstances or the actions of a third party, the Seller shall comply with the delivery times indicated to the Customer when the order is placed. In the event that the deadlines cannot be met, the Customer shall be automatically informed by the Seller, by any means, including email, SMS or telephone.
In the event of a delay in delivery, the Seller suggests that the Customer notify them of this delay by contacting Customer Service in order to agree on the best solution together.

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 the products. The above provisions do not prevent the transfer to the Customer 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 of withdrawal from the contract concluded at a distance without having to justify his 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” sections, as well as in the appendix hereto) or an unambiguous declaration expressing his wish to withdraw, before the expiry of the aforementioned period by email (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: https://www.argalys.com/pages/contact, 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 regarding COVID-19, due to hygiene reasons, we are temporarily unable to accept returns, neither for after-sales service nor for the right of withdrawal. We are extending the return and withdrawal periods 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 withdrawal to the Seller, without undue delay and, at the latest, fourteen (14) days following the date of communication of his decision to withdraw.
The return of the product(s) must be made in their original packaging(s), in good condition, UNOPENED (with the first opening device 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 product to be identified (postal parcel, bubble envelope, craft paper, etc.).
The Seller finally 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 condition for resale. Any product that is incomplete or damaged by the Customer as a result of handling other than that necessary to establish its nature, characteristics and proper functioning will not be refunded. 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 return costs if they exercise their right of withdrawal.

8.3. Reimbursement

In the event that the Customer exercises the right of withdrawal, the Seller is required to reimburse all sums paid by the Customer no later than fourteen (14) days from the date of recovery of the products or until the Customer has provided proof of shipment of these products. The date retained is that of the first of these facts.
The Seller will make the refund using the same means of payment as 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 refunded at the price actually paid by the Customer.
It is reminded that the Customer bears all return costs in the event of exercising 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 removed from the cold chain, etc.), as well as for hygiene products unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection (epilators, underwear, razors, toothbrushes, etc.).

Article 9. Guarantees

9.1. The legal guarantee

The Seller undertakes to provide the Customer with goods or services that comply with their request.
In any event, the Customer may rely, for tangible goods, on the Seller (at the address mentioned in article 11), on the legal guarantee of conformity provided for by the Consumer Code and in particular the articles:

• Article L.217-4 of the Consumer Code: “The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
• Article L.217-5 of the Consumer Code: “The good conforms to the contract:
  • 1. whether it is suitable for the use usually expected of a similar good and, where applicable:
    - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
    - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
  • 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 attention of the seller and which the latter has accepted.
• 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 latent defects in 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 for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of 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 item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 10. Customer Relations

For any questions, information or complaints, the Seller's Customer Service is available to the Customer.

• By email: contact2@argalys.com
• By mail to the following address: Argalys BP90070-69653 Villefranche Cedex
• Via the contact form: https://www.argalys.com/pages/contact

Article 11. Protection of personal data

WHO 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 data about you 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 optimise the user experience and to respond to requests and possible complaints from our customers.

These treatments include in particular:

• The ability to create an account,
• the management of your consents and authorizations concerning the use of your personal data, in particular for sending 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.
• To acknowledge your status as a loyalty customer, if you have wished to indicate this to ARGALYS, and if this information is requested from you. It is recalled here that the use of your personal data by the ARGALYS loyalty program is subject to specific terms of use for 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 possible 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 relating to the exercise of rights, in particular those of access, rectification and opposition, which you benefit from in application of the regulations on personal data;
• managing the risk of fraudulent use of your data or the services you access via ARGALYS; depending on the results of the checks carried out, ARGALYS may take any measures it deems useful to secure your data and our information systems used for the purposes of using ARGALYS, as well as to defend its interests. If necessary, these measures may lead to suspending your access to www.Argalys.com and your online account
• the management of product recalls initiated by suppliers or the sending of various information or documents relating thereto;
• to establish analyses or statistics to respond to surveys or requests carried out by public interest bodies, or administrations, or administrative or judicial authorities (for example in the case of food risk),
• to trace and administer the evidence that ARGALYS must provide in accordance with 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 relating 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 ARGALYS' activity (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 intended to improve customer knowledge and the services that ARGALYS can offer its customers. Your data may therefore be used, in compliance with any required authorizations that you may have granted us:

• to send you promotional messages or personalized or non-personalized advertising, by post or electronically, including mobile notifications, according to your profile,
• to analyze your use of the services (including your online browsing and your reactions to emails), so that we can get to know you better, assess the interest represented by the Services offered as well as the messages we send you and offer you offers, content and services adapted to your profile; these analyses will be carried out in compliance with the authorizations that you may have given us, in particular in the event of the use of cookies or other tracers.

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 his or her consent at any time, on the understanding that this will not call into question the lawfulness 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 set out herein. This includes:

• technical operations related to address rectification;
• the allocation of a digital identifier linked to your data, so that we can interact with you via different digital communication media (websites and mobile applications, social networks) including to send you targeted advertising,
• technical, organizational or cybersecurity operations related to the detection of anomalies and the securing of your data as well as our 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.
• as part of any agreement you may have entered into, for example to enable us to communicate with you about our offers and products or those of third-party advertisers;
• in compliance with the interests, freedoms and fundamental rights of the persons registered for ARGALYS services because this is necessary to enable us or our partners to pursue our legitimate interests such as retaining our customers, 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 ensuring our defense in the event of litigation.

WHAT DATA DO WE COLLECT?

The data processed within the ARGALYS framework comes from:

• of 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 ordering and purchasing, your browsing history on the site, dates and times of consultation of the site, location data;
• sites and mobile applications published by entities third parties to ARGALYS: information relating to browsing or advertisements addressed to you;
• social networks such as Facebook, LinkedIn, Twitter; Indeed, data exchanges may occur between ARGALYS and social networks, for example when you are connected to the Facebook social network on your computer and you visit 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 log out of social networks before visiting the ARGALYS site.
• Data about you may be transmitted to us by third parties, such as your postal or email address, data relating to your profile, which will be integrated into our databases. These third parties have collected your data fairly and obtained all required consent before any transmission to ARGALYS.

Except for data from open data, other data is not publicly accessible.
Data may be collected directly from you or through the use of ARGALYS services or may come from other entities in 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 know you better and interact with you, to offer an easier relationship with the ARGALYS ecosystem, or to send you content adapted to your profile and your interests.

WHO WILL BE LIKELY TO ACCESS YOUR DATA?

To achieve the purposes described above and within the limits necessary to pursue these purposes, your data may be transmitted to all or part of the following recipients:

• authorized persons from the relevant departments within the ARGALYS company
• to payment providers and recovery providers for amounts that you may owe,
• the service providers and subcontractors of the company ARGALYS;
• administrative or judicial authorities where appropriate 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 DURATION OF STORAGE OF YOUR DATA

The data collected about you will be kept for the period necessary to fulfill the above purposes, plus the legal limitation period.
Therefore, primarily, your account data (registration) will be kept for the duration of your membership. It may then be kept and processed for 3 years following your last contact, to allow us to send you commercial solicitations.
Your personal data may be retained for longer periods due to specific legal obligations or applicable statutory limitation periods. For example, data may be retained for:

• 6 years for tax documents;
• 10 years for accounting documents;
• for the entire duration of the disputes and until all appeals have been exhausted.

HOW IS YOUR DATA SECURED?

Argalys 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 it from being distorted, damaged or accessed by unauthorized third parties.
Argalys chooses subcontractors or service providers who provide 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 confidentiality levels at least identical to those of Argalys.

IS 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 the right to information as well as the right to access, rectify, and erase (unless they are necessary for the performance of our contract, or if they are necessary for us to comply with our legal obligations or to establish or exercise our rights) data concerning you, as well as the right to define guidelines regarding 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 the one communicated to you.

You also have the right to obtain the limitation of processing and the right to the portability of the data you may have provided, which will apply in certain cases. Furthermore, you may request to exercise your right to object, 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 exercising such a right to object, ARGALYS will cease processing unless there are legitimate and compelling reasons for the processing which prevail over the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of a legal claim. You may also object to any processing related to prospecting (including profiling related to such prospecting), or withdraw your consent at any time, for cases where it has been requested (withdrawing your consent will not affect the lawfulness of the processing carried out before the withdrawal of consent).

ARGALYS wishes to inform you that failure to provide or modify your data may have consequences in the processing of certain requests within the framework 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 directives and the exercise of your rights are carried out by email to contact2t@argalys.com or by post to Argalys BP90070 69653 Villefranche cedex, specifying the information allowing your identity to be established.

If we are unable to respond to your requests in a manner that satisfies you, you may 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

12.1. Use of cookies during your visit to our Site

To enable the Site's customers to benefit from the services offered by the Site such as consultation, registration for the services offered, video playback, etc., optimization of its use and its personalization (in particular customization) according to the user, the Site uses Cookies.

Unless the Customer decides to disable cookies, he/she accepts that the Site may use them. He/she may disable these cookies at any time, free of charge, using the deactivation options offered to him/her 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 purpose

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 recognize his browser during the validity period of the cookie concerned.
Only the issuer of the cookie concerned can 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 (communications agency, audience measurement company, targeted advertising provider, etc.) allowing them, during the validity period of their Cookies:

• to collect browsing information relating to browsers consulting the Site,
• to determine the advertising content likely to correspond to the Client's interests in order to send them targeted advertising, based on their browsing history collected by the third party.

At any time, the Customer can prevent the collection of information concerning him via these third-party cookies by clicking on the corresponding links (see article 12.6. Management and use of cookies).

The issue and use of Cookies by these companies are subject to their own terms of use.

12.4. Cookies integrated into third-party applications on the Site or Services

The Seller may include on its Site computer applications from third parties, which allow it to share content from the Site with other people or to inform these other people of the Customer's consultations or opinions regarding content on the Site. This is particularly the case for the "Share" and "Like" buttons from social networks such as Facebook, "Twitter", "viadéo", etc.

The social network may identify the Customer through this button, even if the Customer did not use it when visiting the Site. This type of application button may allow the social network concerned to track navigation on the Site, simply because the social network account is activated on the Customer's browser (open session) during their 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 hold.

12.5. Sharing the use of your terminal with other people

Sharing the use of your terminal with other people and configuring your browser settings with regard 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 browser software programs, the Seller 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.

12.6. Management and use of cookies

The Client can manage and modify the use of cookies at any time using the options outlined below.
The settings that the Customer makes may modify their internet browsing and their conditions of access and use of certain services on the Site which require the use of cookies.
The Client can thus manage their cookies:

• from its navigation software, or
• interprofessional platforms, or
• when it is offered to him from a link in the list below.

Please note: The Customer's opt-out is processed using a cookie. Therefore, if the Customer disables all cookies on their device or if they change their device, the Seller will no longer know that the Customer has chosen this option.

1) Management of cookies from the browser software: the Customer can configure his browser 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 terms and conditions applicable to the management of cookies stored in the browser, the Client is invited to consult the help menu of your browser as well as the “Your traces” section of the CNIL (National Commission for Information Technology & Civil Liberties) website http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/.

2) Online management of cookies from interprofessional platforms: the Client can also connect, for example, to the Youronlinechoices Site http://www.youronlinechoices.com/fr/controler-ses-cookies/, offered by digital advertising professionals 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 online 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 allow advertisements to be tailored to your interests.

Article 13. Intellectual Property

The texts and graphic elements, their assembly in the Site, and the Site itself are the exclusive property of the Seller and are protected under 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 different elements of the Site are prohibited and expose its author(s) to prosecution.
The General Conditions of Sale do not authorize under any circumstances 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 Site under the following conditions:

• a private, personal and non-transferable right of use over 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 paper print,
• any use of documents from the Site must mention its source.

Any other use is prohibited, including 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 July 1, 1998, concerning the legal protection of databases.

Any use of the Site in contradiction with the provisions of this article constitutes an offense of counterfeiting, for which the person having committed such an offense ("Counterfeiter") may be held accountable. Civil and criminal penalties may be imposed against any counterfeiter.

Article 14. Liability

14.1. General

The detailed product sheet is the only contractual source.
The Seller may be exonerated 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 act of a third party to the contract, or to a case of force majeure (defined in Article 15 hereof).
The fact that one of the Parties does not avail itself of a failure by the other Party to fulfil any of the obligations referred to herein shall not be interpreted in 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 under any circumstances guarantee that it will operate without interruption.
The Customer acknowledges that he accepts that the Seller cannot be held responsible for interruptions or slowdowns of the Site or for damages linked to:

• to fraudulent intrusion by a third party into the Site, or to the illicit extraction of data, despite the implementation of security means in accordance with current technical data, with regard to known security techniques
• to an interruption in the supply of electricity or transmission lines due to public or private operators;
• to speeds of access 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,
• to the fraudulent use by the Client or third parties of all information made available on the Site,
• to events due to force majeure, an administrative authority, or acts of third parties, as defined by case law and in particular the public or private Internet network which may, where applicable, 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 or she accesses.
The Site reserves the right, without notice or compensation, to temporarily or permanently discontinue any service or all of the services offered from the Site.
It is the Customer's responsibility to protect their technical equipment, particularly against any form of contamination by viruses and/or attempted intrusion, and to carry out all backups of their 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 hyperlinks to other websites, which are subject to their own rules of use, particularly regarding the use of the Customer's personal data. The Customer is advised to read the rules of use of these sites, particularly those applicable to their personal data. The Site makes no commitment regarding these other websites to which the Customer may have access via the Site, particularly 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, whether deep or not, to the Site is strictly prohibited.

14.3. Illegal content/Good morals

Any action by the Customer that aims 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 lawful purposes and that it is prohibited to publish or transmit via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise detrimental to human dignity material. If the Seller is informed of the presence of unlawful 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. The Seller is entitled to carry out electronic monitoring of the documents displayed and public areas of the Site to verify 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 honor orders that contravene public order or morality.

Article 15. Force majeure

Force majeure events are deemed to be those which, being unforeseeable and irresistible, make it absolutely impossible to perform the sales contract under the conditions provided for.

All force majeure events, as 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 shall not be held liable for non-performance of the contract concluded in the event of the occurrence of one of the aforementioned events.

Article 16. Applicable law/Claims, 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 Seller's Customer Service in order to seek an amicable solution.

The Seller informs the Customer that it 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 – relationconso@fevad.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 appeals 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.

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