LABORATOIRE PRONATUR (SAS PNS) General Terms and Conditions of Sale (Consumers)
Last update : 25/04/2019
MANAGER AND PUBLISHER OF THE SITE
SAS Plaisir Nature Santé (PNS) With a share capital of 5,000 euros, registered with the RCS of Tarascon (13) under number 830 374 823, having its registered office at route de Noves 13210 Saint-Rémy de Provence, whose company name is LABORATOIRE PRONATUR, and whose e-mail address is contact@pronatur.fr ,website :https://www.pronatur.fr/.
PNS is represented by Mrs Hacquard Laetitia, in her capacity as Chairman.
Customer service contacts :
Email :contact@pronatur.fr
Address: Route de Noves Saint Rémy de Provence FRANCE
The website can be accessed at the following address:https://www.pronatur.fr (hereinafter referred to as the "Site") of the PNS company identified by the brand name LABORATOIRE PRONATUR (hereinafter referred to as the "Site Manager"), the services offered therein, including those offered by catalog, paper mailing or e-mail, are subject to compliance with these General Terms and Conditions of Sale (hereinafter referred to as the "GTC").
ARTICLE 1 - ACCEPTANCE OF TERMS AND CONDITIONS
Any access to the site and/or use of the site by the customer and/or order on the site or paper support or taken by telephone supposes the unconditional acceptance and without reserve and the respect of the whole of the terms of the present CGV. They constitute a contract between Laboratoire PRONATUR and the customer.
The PRONATUR Laboratory Manager reserves the right to modify the Site and these General Terms and Conditions of Sale at any time, or to modify or supplement them with new additional contractual terms and conditions.
The applicable GCS are those online on the Laboratoire PRONATUR Site and in force on the date of the Order placed by the Customer.
The customer is informed that the site and the products marketed on it comply with French and European legislation.
Before ordering a product offered for sale by Laboratoire PRONATUR, the customer must carefully read these general terms and conditions of sale (hereinafter the "General Terms and Conditions").
They express the entirety of the obligations of the parties. No general or specific condition appearing in documents sent or delivered by you or a third party may be incorporated herein, insofar as such documents are incompatible with these general conditions.
The purchase of a product implies unreserved acceptance of the general terms and conditions valid for the duration necessary for the supply of the goods purchased, until the expiry of the guarantees owed by Laboratoire PRONATUR.
The customer declares that he/she has full legal capacity to enter into the present terms and conditions.
ARTICLE 2 - PRODUCTS
The products are those offered on the Laboratoire PRONATUR website. They are offered within the limits of available stocks. Laboratoire PRONATUR presents the essential characteristics of the Products and invites the Customer to read them carefully.
Photographs of products and gifts are for guidance only and are not contractually binding. Therefore, Laboratoire PRONATUR declines all responsibility if, despite all the usual precautions, errors occur in the printing of a catalog, sales documents or on the site.
Food supplements, cosmetics, medical devices, and all other types of products such as massage gels can in no way be considered as medicines.
Their consumption or use in no way dispenses with the need to consult a doctor or follow prescriptions.
Dietary supplements should be used as part of a healthy lifestyle and not as a substitute for a varied, balanced diet.
Expiration dates and batch numbers are indicated on products that require them. Each batch is identified, so you can ask us about it if you need to.
ARTICLE 3 - ORDERING
Orders can be placed by post using the order form, directly on the website or by telephone.
Laboratoire PRONATUR reserves the right not to confirm an order, if the order indicates one or more erroneous elements (price, description, photo, etc.), if the product is no longer available or, in general, due to any circumstances likely to affect the execution of the order placed.
In this case, the customer has the choice of requesting either a refund of the sums paid for the order of this product, or an exchange, or to receive a credit note.
In the event of a request for reimbursement, payment having already been made, Laboratoire PRONATUR will reimburse the sums concerned, at the latest within 30 days following the request for reimbursement, by cheque or bank transfer.
ARTICLE 4 - WITHDRAWAL PERIOD
Subject to the conditions and limits set out in Articles L.221-18 et seq. of the French Consumer Code, the customer has 14 days to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception of the cost of returning the goods, which will be at the customer's expense. The customer may also exercise his right of withdrawal once the contract has been concluded. This period runs from the day of receipt of the order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Any right of withdrawal exercised after the expiry of the aforementioned period shall not be taken into account by Laboratoire PRONATUR, and the products delivered shall be presumed to have been accepted.
To exercise this right, the customer must notify Laboratoire PRONATUR of his decision to withdraw before the expiry of the period indicated above, by means of an unambiguous statement expressing his wish to withdraw. This declaration must also include the following information:
1. Customer details
2. Product references
3. The product
The customer must return the products subject to retraction no later than fourteen days following communication of his decision to retract, to the following address: Laboratoire PRONATUR -Service retour, Route de Noves 13210 Saint-Rémy de Provence. Returned products must be in new condition and fit for resale, and if possible in their original packaging. Return shipping costs will be borne by the customer. It is the customer's responsibility to keep all proof of return.
Laboratoire PRONATUR shall reimburse the sums received no later than 14 days from the date on which it was informed of the customer's decision to withdraw. Reimbursement may be deferred by Laboratoire PRONATUR until receipt of the products or proof of shipment of the products subject to withdrawal by the customer, whichever occurs first.
Reimbursement will be made using the same means of payment as that used for the order subject to retraction, unless the customer expressly accepts a different means of payment.
In the context of certain operations, Laboratoire PRONATUR may offer a "Satisfied or Refunded" guarantee allowing a refund request within one month. To do this, simply return the products, even if opened, within one month and Laboratoire PRONATUR will refund the returned products under the same conditions described above. Shipping and return costs are at the customer's expense.
ARTICLE 5 - PRICES AND VALIDITY, PROMOTIONAL OFFERS, GIFTS
Prices are indicated in euros, inclusive of all taxes, and include the VAT applicable on the day the order is placed.
Prices do not include shipping and handling.
Prices cannot be modified once the customer's order has been validated.
Any gifts and discounts, as well as product prices and promotional offers, are those indicated in the catalog, website or mailings to which the order form refers.
In the event of an old order form, Laboratoire PRONATUR reserves the right not to validate the order or to apply the conditions in force at the date of the order (products, prices, commercial conditions, gift, etc.).
ARTICLE 6 - PAYMENT TERMS
The price of the products and the fixed contribution to the processing and dispatch costs (the amount of which is specified on the order form) are payable in cash on the day the order is placed, without discount.
Payment shall be received upon validation of the order by Laboratoire PRONATUR.
The sums paid may under no circumstances be considered as deposits or advance payments.
Products are sold with a clause expressly subordinating the transfer of ownership to full payment of the price in principal and accessories.
Payment can be made by :
- order by mail: by cheque or credit card
- order on the site: by cheque, credit card, PayPal, bank transfer
The customer warrants that he/she is entitled to use the chosen method of payment. Laboratoire PRONATUR does not accept cash on delivery.
Laboratoire PRONATUR reserves the right to suspend or refuse any order or delivery in the event of an existing dispute with the customer, total or partial non-payment by the customer of a previous order, or refusal to authorize payment by credit card by banking organizations. In such cases, Laboratoire PRONATUR shall not be held liable.
ARTICLE 7 - DELIVERY
Products are delivered to the address indicated on the order form and only in mainland France. Laboratoire PRONATUR undertakes to do its utmost to ensure that orders are delivered within a maximum of 14 working days from receipt.
Laboratoire PRONATUR declines all responsibility for extended delivery times due to the carrier, particularly in the event of loss of products or strikes.
If the customer requires 2 delivery locations, he/she must place 2 orders and pay the corresponding delivery charges.
In the event of a product being temporarily out of stock for less than 14 days, Laboratoire PRONATUR reserves the right to postpone shipment of the parcel within this period. If the stock shortage delays shipment of the product by 14 days or more, the customer will be contacted by telephone, post or email and offered the option of cancelling the order or delivering it within an agreed timeframe.
If a product is sold out, the customer will be offered a credit note or a refund.
If the order contains several products, one of which is out of stock, a first parcel will be dispatched immediately with the available products, and a second parcel will be sent as soon as the out-of-stock product is available. The customer will then only pay for one delivery.
In the event that the carrier is unable to deliver to the customer due to a wrong address or non-acceptance of the package by the customer at his door, the products are returned to Laboratoire PRONATUR and the customer may be reimbursed or obtain a credit note corresponding to the amount of the products concerned, less the shipping costs incurred.
In the event that the parcel is not claimed at the Post Office, after the 15-day period of availability, the products will be returned to Laboratoire PRONATUR and the customer may be reimbursed or obtain a credit note corresponding to the amount of the products concerned, less the shipping costs incurred.
ARTICLE 8 - PRODUCT CONFORMITY AND COMPLAINTS
It is the customer's responsibility to make any necessary reservations before accepting delivery. The customer must therefore always check the parcel on arrival and report any anomaly concerning the delivery to Laboratoire PRONATUR.
If, at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the items. If they have been damaged, the customer must refuse the parcel and note a clear reservation on the delivery note (parcel refused because opened or damaged). The customer must inform Laboratoire PRONATUR as soon as possible.
Laboratoire PRONATUR may only be held liable within the scope of the legal warranty owed to the customer in respect of the conformity of the products and the absence of hidden defects.
If the product does not correspond to the order, the customer must inform Laboratoire PRONATUR within a short period of time from the date of identification of the non-conformity.
If, after verification, the non-conformity is proven and is not due to the customer's fault, and if the customer's good faith is evident, the customer will have the option of being reimbursed or offered a replacement product, the return shipping costs of which will be borne by Laboratoire PRONATUR.
In the event of improper returns, Laboratoire PRONATUR reserves the right to refuse any subsequent order.
ARTICLE 9 - LIABILITY
The products comply with current French legislation. Consumption of Laboratoire PRONATUR products does not exempt the customer from medical supervision, for which Laboratoire PRONATUR cannot, in any event, be a substitute.
Dietary supplements are not medicines and cannot replace a balanced diet.
The purchase of Laboratoire PRONATUR products is the sole responsibility of the customer.
Consequently, Laboratoire PRONATUR cannot be held responsible for the consumption of products by customers under medical supervision or on a special diet, nor for the consumption of products beyond their expiration date or, more generally, for products not adapted to their particular situation.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the customer, as well as in the event of abnormal wear of the product or force majeure.
The choice and purchase of a product are the sole responsibility of the customer. Laboratoire PRONATUR shall not be held liable for any direct or indirect damage arising from the use of the products. In particular, the customer acknowledges having been informed that the products sold by Laboratoire PRONATUR are not intended for all types of persons. The warnings in the catalog, on the website, in the sales documents and in the product leaflets should be read carefully.
ARTICLE 10 - LEGAL WARRANTIES
Legal warranty of conformity (art. L. 217-1 to L. 217-14 of the French Consumer Code)
Article L.217-4.
The seller delivers goods in conformity with the contract and is liable for any defects in 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 the latter is his responsibility under the contract or was carried out under his responsibility.
Article L.217-5. The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Legal warranty against hidden defects (art. 1641 to 1649 of the French Civil Code)
Article 1641.The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 al. 1.The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
ARTICLE 11 - FORCE MAJEURE
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
ARTICLE 12 - INTELLECTUAL PROPERTY
Laboratoire PRONATUR owns the rights to the trademarks "LABORATOIRE PRONATUR", "AGYFLEX", texts, comments and photographs, which it distributes. Any reproduction or representation, whether total or partial, or imitation, is strictly prohibited and constitutes an infringement under the French Intellectual Property Code.
In particular, the customer shall refrain from modifying, copying, reproducing, downloading, distributing or transmitting in any way whatsoever the content of Laboratoire PRONATUR's commercial documents.
ARTICLE 13 - DATA PROTECTION ACT
In accordance with the French Data Protection Act, the processing of personal information relating to Laboratoire PRONATUR customers has been declared to the CNIL.
In accordance with the French Data Protection Act of January 6, 1978, as amended, customers have the right to access, oppose and rectify any information concerning them, by sending a letter to Laboratoire PRONATUR indicating their surname, first name and address.
At any time, the customer can ask to no longer receive proposals by mail or email from Laboratoire PRONATUR, simply write to LABORATOIRE PRONATUR indicating his name, address.
ARTICLE 14 - DISPUTES
The General Terms and Conditions are governed by French law. Any dispute may be settled by contacting our customer service department. Failing amicable settlement, the French court of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the product, shall have jurisdiction.
ARTICLE 15 - CUSTOMER ACCEPTANCE
The present General Terms and Conditions of Sale are expressly approved and accepted by the customer, who declares and acknowledges full knowledge thereof, and hereby waives the right to rely on any contradictory document.