These General Terms and Conditions of Sale apply, without restriction or reservation to all sales concluded by MYRA NUTRICOSMETICS BV (the “Seller”) to consumers and non-professional buyers (the “Customers” or the “ Customer ”), wishing to acquire the products offered for sale by the Seller (the “ Products ”) on the website: htpps://absology.co (the “ Website ”).
They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order.
Changes to these General Conditions of Sale are binding on users of the Website from the moment they are put online and cannot be applied to transactions concluded previously.
The products offered for sale on the Website are mainly cosmetic food supplements.
The main characteristics of the Products and in particular the specifications, illustrations and indications for use of the Products, are presented on the Website.
The Customer is required to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller.
The customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. .
The contractual statements are presented in French and English and are subject to confirmation at the latest when the Customer confirms the order.
The Products presented on the Website are offered for sale for Europe (excluding Switzerland). In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
Product offers are understood to be within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulation) which entered into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by mail and justifying his identity, the address of the Seller, mentioned above.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website.
It is up to the Customer to select on the Website the Products he wishes to order.
The Customer, when browsing the Website, can select Products which will then be added to their virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order by activating the "view basket" function and place his order by selecting the "confirm order" function.
Registration on the Website is not mandatory in order to place the Order. However, an account will be automatically generated on the Website, in the name of the Customer, after placing the order, the information of which will be communicated by e-mail after the order with a temporary password.
The Customer must necessarily provide an address, a delivery method as well as a valid payment method in order to finalize the order and effectively form the sales contract between him and the Seller. The finalization of the Order implies acceptance of the prices of the Products sold as well as the payment terms indicated on the Website. The Seller cannot be held responsible for errors in the information entered by the Customer, nor for their possible consequences in terms of delay or error in delivery.
Contractual information is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the contract of sale.
Once the order has been placed, the Customer will receive confirmation by email. This confirmation will summarize the order as well as relevant delivery information.
Placing an order constitutes the conclusion of a distance sales contract between the Seller and the Customer. The sale will not be considered final until the Customer has sent confirmation of acceptance of the order by the Seller by email and after receipt by the latter of the full price due.
The Seller reserves the right to suspend, cancel or refuse any order from a Customer, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Website or with which there is a dispute relating to the payment of a previous order.
The Products are supplied at the current prices listed on the Website, when the order is registered by the Seller. The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that may be granted by the Seller on the Website. These prices are firm and not revisable during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the order.
If the Customer requests a faster or more expensive method of shipping than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely their responsibility.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, by bank card: CB, Visa, Mastercard, American Express, ApplePay.
Payment of the price can alternatively be made by means made available by the Seller, such as an electronic wallet or even a bank transfer.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data is exchanged in encrypted mode via a security protocol.
In the event of total or partial non-payment of the Products, the Customer must pay the Seller a late payment penalty, the rate of which is equal to three times the legal interest rate.
In addition, any late payment automatically entails the application of a lump sum compensation of forty Euros, without prejudice to late penalties.
Late payment will also result in the immediate enforceability of all sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of pending orders made by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment can be charged to the Customer.
The Products ordered by the Customer will be delivered in mainland France within a period of fifteen days from the dispatch of the order to the address indicated by the Customer when ordering on the Website.
The Products ordered by the Customer will be delivered to countries in the European zone within twenty days from the dispatch of the order to the address indicated by the Customer when ordering on the Website.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information only.
If the Products ordered have not been delivered within thirty days after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request within conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
In the event of non-compliance of the delivered Product, the Seller - undertakes to remedy it or to reimburse the Customer.
The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer is responsible for calling on a carrier that he himself chooses, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier once he has handed over the Products sold. to the carrier who accepted them without reservations.
The Customer therefore acknowledges that it is the carrier who is responsible for making the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of fifteen days from delivery to formulate in writing any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged package, already open, etc.), with all the relevant supporting documents (photos in particular).
After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within ten days of notifying the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer.
The refund will be made upon receipt of the package, after checking its good condition.
The products must be sent to the following address, inserting all the information:
17 QUEBEC AVENUE
91140 VILLEBON SUR YVETTE
It is imperative to leave a copy of the purchase order and the invoice in the package, so that the package can be identified.
The products sold on the Website comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions, of the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order.
The Products supplied by the Seller also benefit from the legal guarantee against latent defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer can decide to implement the guarantee against hidden defects of the Products in accordance with 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 the provisions of article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of two years from the delivery of the Products or of the discovery of hidden defects within the deadlines mentioned above. above and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant and defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within thirty days of the Seller's finding of the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer's bank account or by check sent to the Customer.
The Seller's liability cannot be engaged in the following cases:
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices. , especially.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Website meets legal requirements for the protection of personal data, the information system used ensuring an optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the Website.
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contracting party.
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
These General Terms and Conditions of Sale and the transactions resulting from them are governed by Dutch law.
They are written in French and English. In the event that they are translated into one or more languages, only the English text will prevail in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Commission for consumer mediation (Consumer Code, art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The pre-contractual information must relate to the essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned (Consumer Code art. L 111-1 1 °).
The fact for a natural (or legal) person to order on the Website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
In the event of non-compliance with the obligations arising from the acceptance of these General Conditions of Sale, incidents of payment of the price of an Order, delivery of incorrect information when creating the customer account or acts likely to harm the interests of the Company, the Seller reserves the right to suspend access to the subscription service or, depending on the seriousness of the acts, to terminate the Subscription and the customer account. The Company also reserves the right to refuse to enter into a contract with a Client who has been excluded or sanctioned for such acts.