- Object of the general conditions of sale
- Offers and prices
- Right to retract
- Payment terms
- Transfer of ownership
- Intellectual property
- Personal data
- Applicable law - Settlement of disputes
- Partial non-validation
- Force majeure
- Pre-contractual information
Terms of Sales
The products made available on this site are for strictly personal use. In the event of an order for products intended for resale (outside the framework of Prescription and commercial agreement), NUTRI&CO reserves the right to refuse the order.
Orders are prepared by our teams in our warehouse in Venelles. Each product is shipped with a clear plastic seal around the cap. This is a security device ensuring the inviolability of the bottle. If the seal is not present on the bottle, you must not accept your package. Your order will then be subject to a return, a request for compensation from us to the carrier. You will then be refunded after receipt of the package.
We reserve the right to offer you NUTRI&CO "goodies" added to your order.
1. Subject of the general conditions of sale
1.1. To what do these general conditions of sale apply?
These conditions of sale apply, without restriction or reservation, to all sales concluded between, on the one hand, the company NUTRI & CO SAS, a simplified joint-stock company with share capital of €71,173.01 whose registered office is located at 9 Cours des Arts et Métiers, 13100 Aix-en-Provence, registered in the Trade and Companies Register of Aix-en-Provence under number 825 396 492 and represented by Edouard Fornas, in his capacity as Chairman, identified with the intra-community VAT number: FR 66825396492 whose trade name is Nutri&Co (hereinafter referred to as "Nutri&Co"), and on the other hand, any non-professional buyer (hereinafter referred to as the "customer" or "customers") wishing to acquire the products offered for sale by Nutri&Co (hereinafter referred to as the "products") via the website (hereinafter referred to as the "Website"). They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the customers.
1.2. What products do we offer?
The products offered for sale on the website are food supplements, plant extracts, cosmetics and care products. The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website. The customer is required to read it before placing an order. The choice and purchase of a product is the sole responsibility of the customer. The color and graphic elements of the bottles are subject to change. These modifications do not in any way lead to a modification of the formulation of our products, but may occur for reasons of brand image or even stock (for example out of stock of a certain type of bottle).
The customer is required to refer to the description of each product in order to know its properties and essential particularities.
1.3. What are the contact details to reach us?
The contact details of NUTRI&CO are as follows:
9 cours des arts et métiers
Phone : 04 42 24 89 94
Email : [email protected]
1.4. What will happen if you accept these T&Cs?
The validation of the order by the customer implies acceptance without restriction or reservation by the customer of these conditions of sale. The customer acknowledges having the capacity required to contract and acquire the products offered on the website. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by Nutri&Co. These general conditions of sale are accessible at any time on the website. The customer declares to have read these general conditions of sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the Website.
1.5. Can these T&Cs be modified and if so, under what conditions?
Nutri&Co reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the customer. Unless proven otherwise, the data recorded in Nutri&Co's computer system constitutes proof of all transactions concluded with the customer. The general conditions of sale are concluded for the duration necessary for the supply of the products. In accordance with the Data Protection Act of January 6, 1978 as well as the GDPR Regulations, the customer has at any time a right of access, rectification and opposition to all of his personal data by writing, by mail and providing proof of identity, to the address mentioned above.
2.1. How to place an order at NUTRI&CO?
The customer can place an order by Internet on the Website. The Customer who wishes to place an order on the Website must order according to the following methods:
- • create a “customer account” in which he will indicate all the contact details requested.
- • create an online basket by selecting all the chosen Products.
- • accept these general conditions of sale, validate his order after having checked it.
- • make the payment under the conditions provided.
Any order implies acceptance without restriction or reservation of these general conditions of sale. Any order implies acceptance of the prices and description of the products available for sale.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
From the moment the Customer has validated his order, he is deemed to have accepted knowingly and without reservation these general conditions of sale, the prices, volumes and quantities of products offered for sale and ordered.
2.2. When will the customer's order be considered final?
The sale will only be considered final after NUTRI&CO has sent confirmation of acceptance of the order (with a summary) to the Customer by e-mail and after receipt by NUTRI&CO of the full payment. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Customer and NUTRI&CO.
3. Offers and prices
3.1 How are changes to our prices handled?
NUTRI&CO reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order. The Offers and Products are provided at the current prices appearing on the Website, when the order is registered.
3.2. How are the prices of our products indicated? What about shipping costs and promotional offers?
The prices of the products are indicated in euros, all taxes included, and do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order, packaging and processing of the order.
Promotional offers are valid for the period of validity they mention and as long as they are displayed on the Website, as well as within the limits of available stocks.
The price is payable in cash, in full and in a single payment on the day the order is placed by the Customer, by way of secure payment. At no time can the sums paid be considered as a deposit or down payment. No cash on delivery will be accepted, for any reason whatsoever. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
All orders are invoiced in euros and payable in euros.
NUTRI&CO reserves the right, in the event of non-compliance with the payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
3.3. Special conditions depending on the country
In order to comply with the regulations in force in each country, Nutri&co reserves the right not to ship certain products outside France whose online distribution without a prescription is prohibited.
N.B. Delivery constitutes the transfer to the Customer of physical possession or control of the Product.
4.1. How are delivery charges calculated?
For each order, a flat-rate contribution to the costs of provision is requested, which includes postage, packaging and processing of the order. The flat-rate contribution is indexed to the delivery method chosen by the Customer when placing the order. Delivery costs are free from 60 € for metropolitan France.
Participation in shipping costs is inclusive of VAT.
In order to reduce transport costs, all Products of small or medium size are sent by the Colissimo Suivi service of La Poste, which undertakes to deliver within forty-eight (48) hours throughout France and offers the possibility the Customer to recover the products ordered at the post office close to the delivery address in the event of the absence of the initial place of delivery when the postman is presented. If the Customer is absent on the day of delivery, the postman leaves a notice in his mailbox, which will allow him to collect his package at the post office during opening hours, within fifteen days. The Customer is able to track his order using the Colissimo number sent to him by email on the day his order is dispatched.
For reasons of availability, an order may be delivered in several installments to the Customer. The customer only pays for one delivery.
4.2. What are the delivery times ?
NUTRI&CO undertakes to make its best efforts to deliver the Products ordered by the Customer as soon as possible. For more information, we invite you to read our Terms of delivery. However, if the Products ordered have not been delivered within thirty (30) days after placing the order, the Customer must inform NUTRI&CO as soon as possible, by telephone or email.
NUTRI&CO will liaise with the carrier so that the latter conducts an investigation, which may last up to twenty-one (21) days. If the Products are found, they will be forwarded to the Customer's home. If the Products are not found at the end of the investigation, the Products will be deemed lost and NUTRI&CO will then be able to send replacement Products to the Customer, at no additional cost to the Customer. If the Products ordered were no longer available, NUTRI&CO will reimburse the amount of the Products deemed lost.
In any event, if the Products have not been delivered within ten (10) days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the Customer's written request under the conditions provided for in Articles L. 216-2 to L. 216-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
4.3. What happens if you enter an incorrect delivery address?
The Products are delivered to the address indicated by the Customer when placing the order. The Customer must ensure its accuracy. Any package returned to NUTRI&CO because of an incorrect or incomplete delivery address will be reshipped at the Customer's expense and NUTRI&CO cannot be held responsible for the impossibility in which it may be to deliver the order. If the Customer wishes to be delivered to two separate delivery addresses, he must place two separate orders, with the related delivery costs.
4.4. What should you do upon receipt of the order?
Upon receipt of the order, the Customer is required to check the condition of the Products delivered. In the event of apparent defects, the Customer has the right of return under the conditions provided for in these general conditions. Any anomaly concerning the delivery (i.e.; missing or damaged products, damaged packages) must imperatively be indicated, first, on the delivery note and in the form of handwritten reservations accompanied by the signature of the customer with the carrier. Secondly, any anomaly must be notified as soon as possible following receipt of the Products at NUTRI&CO:
by simple mail to the following address:
9 cours des arts et métiers
by email to the following address: [email protected]
by phone 04 42 24 89 94, Monday to Friday from 9:30 a.m. to 6:30 p.m.
NUTRI&CO reserves the right to ask the Customer to return the damaged Product(s).
4.5 I received a damaged package. What to do ?
If the Customer notices at the time of delivery of his parcel to be delivered against signature that the latter is damaged, he can, at his choice, refuse the parcel which will then be directly returned to NUTRI&CO or receive the parcel while indicating the deterioration of its packaging.
If the Customer notices that the packaging of his package to be returned to the mailbox is damaged, he may, provided that the package has not been opened, refuse the package by returning it to the post office, no later than business day following its distribution.
4.6. How are NPAI returns managed?
Returns under the reason "NPAI" correspond to packages returned by the service provider responsible for delivery under the mention: "Does not live at the address indicated". After receipt and acceptance of the returned package by NUTRI&CO services, a credit note for the total amount of the order, postage deducted, will be credited to the Customer's customer account within forty-eight (48) hours of receipt of the package by NUTRI&CO. . The Customer can then place his order again, ensuring the accuracy of the delivery address provided.
4.7. How are returns under the reason "unclaimed" handled?
Returns under the "unclaimed" reason correspond to packages that have not been claimed by Customers at the post office or at the merchant chosen by the Customer when ordering within fifteen (15) days from the notice of passage. After receipt and acceptance of the returned package by NUTRI&CO services, a credit note for the total amount of the order, postage deducted, will be credited to the Customer's customer account within forty-eight (48) hours of receipt of the package by NUTRI&CO. . The Customer can then re-order.
5. Right of withdrawal
5.1. What is the withdrawal period?
Pursuant to the provisions of Article L. 221-19 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise his right of withdrawal from NUTRI&CO, without having to justify reasons or to pay a penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging, complete and in perfect condition, allowing a new marketing.
5.2. What should I do to exercise my right of withdrawal?
Products that are damaged, already opened, soiled or incomplete will not be taken back. The Products must be returned within fourteen (14) days following notification to NUTRI&CO of the Customer's decision to withdraw. This period begins to run at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
The Product in its original packaging must be sent to the following address:
The Customer must imperatively accompany his package with the withdrawal form below or any other unambiguous statement expressing his desire to withdraw:
I hereby notify my withdrawal from the contract relating to the order of the Products below:
– Order of : …………
– Order number : …………
– Client name : …………………… –
Customer address : …………………………
It is advisable to send the package back by tracked mail, in the event that it is lost during postage, as NUTRI&CO cannot be held liable in this respect.
6.1. How and in what cases will you make the refund?
In the event of non-receipt of the order within the aforementioned delivery times, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer, under the conditions provided for in Articles L. 216 -2 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract by the Customer, excluding any compensation or deduction.
In the event of unavailability of the Product ordered, the Customer having opted for the refund will be reimbursed for the sums paid at the latest within fourteen (14) days of their payment.
The Customer will be reimbursed within fourteen (14) days of receipt of the Products by NUTRI&CO.
The refund will be made according to the method of payment used by the Customer when ordering. NUTRI&CO reserves the right to cancel and refund all orders made by a professional.
7. Terms of payment
N.B. This is an order with payment obligation, which means that placing the order implies payment by the Customer.
7.1. What are the payment methods ?
To pay for his order, the Customer uses the payment method made available to him by NUTRI&CO and listed on the Website.
The Customer guarantees to NUTRI&CO that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. NUTRI&CO reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment.
NUTRI&CO does not keep personal or financial information in its database when processing the Customer's payment.
7.2. Payment by credit card
Payment by credit card is made directly online by a secure transaction, with the Checkout.com system. Payment data is exchanged in encrypted mode using the 128-bit SSL (Secure Socket Layer) protocol. When the Customer orders on the Website, the debit of the bank card is carried out immediately according to the following methods: the Customer indicates in the area provided, the number of his bank card, without space between the figures, its date of validity, as well as than the last three digits of the pictogram on the back of the card. The credit card is generally debited when the order is dispatched.
The NUTRI & CO site also authorizes payment by Paypal, Fintecture and Scalapay.
8. Transfer of ownership - Transfer of risk
The transfer of ownership of the Products from NUTRI&CO, to the benefit of the Customer, will only be carried out after full payment of the price by the Customer, regardless of the date of delivery of the said Products. Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be realized when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of NUTRI&CO.
9.1. What are the applicable legal warranties?
The Products sold on the Website comply with the regulations in force in France. The Products supplied by NUTRI&CO benefit automatically and without additional payment, independently of the right of withdrawal:
• the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code, for Products that appear to be defective, damaged or damaged or that do not correspond to the order,
• the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code, resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use.
9.2. What are NUTRI&CO's obligations?
• According to Article L. 217-4 of the Consumer Code “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing upon delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
• According to article L. 217-5 of the Consumer Code “The good complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer under in the form of a sample or model; if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
• According to 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. »
• According to article 1641 of the Civil Code "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have paid less for it, if he had known them. »
• According to article 1648 of the Civil Code “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
In order to assert his rights, the Customer must inform NUTRI&CO, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products or the existence of hidden defects within a period maximum of two (2) years from their discovery.
The Customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refund for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the observation by NUTRI&CO of the lack of conformity or the hidden defect. Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.
9.3. In which cases can NUTRI & CO be held liable?
NUTRI&CO cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify;
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the product, accident or force majeure.
The NUTRI&CO guarantee is, in any event, limited to the replacement or reimbursement of products that are non-compliant or affected by a defect.
10. Intellectual Property
10.1. I like your site. Can I use your photographs, texts, comments or articles?
All trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sounds, as well as all computer applications that could be used on the website and more generally all elements reproduced or used on the site are protected. by the laws in force in respect of intellectual property.
They are the full and entire property of NUTRI&CO or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of NUTRI&CO, is strictly prohibited. The fact that NUTRI&CO does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of legal proceedings. Any simple or hypertext link is strictly prohibited without the express written consent of NUTRI&CO.
11. Personal data
12. Applicable law - Settlement of disputes
12.1 How to proceed for any dispute?
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, NUTRI & CO adheres to the Service of the Mediator of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr.
12.2 When can I contact the mediator for a dispute with NUTRI&CO?
After prior contact by consumers vis-à-vis NUTRI & CO, the Mediator's Service may be contacted for any consumer dispute whose settlement has not been successful.
13. Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
14. Force majeure
14.1. What are force majeure events and how are they handled?
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all the reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three (3) months, these general conditions may be terminated by the injured party.
15. Pre-contractual information - Acceptance and customer rights
15.1. What does acceptance of NUTRI & CO's T&Cs mean?
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions and of all the information and information referred to in Articles L. 111 -1 to L. 111-8 of the Consumer Code, and in particular:
- • the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; the price of the Product and its ancillary costs; in the absence of immediate execution of the contract, the date or the deadline on which NUTRI&CO undertakes to deliver the Product;
- • information relating to the identity of NUTRI&CO, its postal, telephone and electronic contact details and its activities, insofar as they are not apparent from the context;
- • information relating to legal warranties and their implementation methods;
- • the functionalities of the digital content and, where applicable, its interoperability;
- • the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal.
15.2. Can you assure me that my mobile number will remain confidential?
In the order form, we must collect the consumer's mobile number in order to be able to contact him in the event of a problem processing his order or in the event of a delivery problem. Nutri & Co uses your telephone number only in the execution of the contract concluded with the consumer. We remind you that any consumer has the possibility of registering on the list of opposition to canvassing by means of this link http://www.bloctel.gouv.fr.
The fact, for a natural or legal person, of ordering on the Website implies full and complete acceptance and acceptance of these general conditions of sale and obligation to pay for the Products ordered.