General terms and conditions of sale
Website: https://myveggie.fr
ARTICLE 1 Company identification :
LABORATOIRE MYVEGGIE, SAS with capital of €10,000, registered in the SAINT-ETIENNE trade register under number 817556145, residing at 21 rue de la Talaudière - 42000 SAINT-ETIENNE, represented by Mrs Véronique DE AZEVEDO, President, duly authorized for the purposes hereof,
hereinafter referred to as "MYVEGGIE
ARTICLE 2 Definition of customer :
Any natural person who, in a personal capacity, after having carefully consulted and approved the present general terms and conditions of sale, as he is obliged to do before any decision, for his personal account, to subscribe to one of the products offered by MYVEGGIE on its site.
hereinafter referred to as the "CLIENT
ARTICLE 3 Contract purpose and scope
The purpose of these General Terms and Conditions of Sale (hereinafter the "GTCS") is to define the technical, legal and financial conditions under which MYVEGGIE undertakes to supply the Products to the Customer.
The parties agree to the GTCS on an amicable basis and in a spirit of conciliation.
Scope of application: These General Terms and Conditions of Sale apply to the site ordering process and to any sale of products concluded between MYVEGGIE (hereinafter referred to as "MYVEGGIE") from the myveggie.fr site to individual customers, regardless of any clauses that may appear in the customer's documents, and in particular the customer's general terms and conditions of purchase, unless expressly accepted in writing by MYVEGGIE and concerning all products marketed by MYVEGGIE.
ARTICLE 4 Acceptance of the GCS :
These GTCs and MYVEGGIE's price lists are expressly approved and accepted by the client, who declares and acknowledges that he has full knowledge of them, and thereby waives the right to rely on any contradictory document, in particular his own general terms and conditions of purchase.
These GTCs are enforceable throughout the period of use for any purchase made by the client, until new GTCs replace these.
ARTICLE 5 Changes to the GCS :
MYVEGGIE reserves the right to modify these terms and conditions of sale at its sole discretion, in accordance with technical developments to the myveggie.fr site or its product offerings, or due to legislation. In the event that essential points affecting the delivery of products are modified, the customer will be asked to read and approve the new GTC at the time of any new order.
In general, the use of the site and the sale of products are always subject to the most recent version of the GTC posted on the site and accessible to the customer at the time of use. It is the customer's responsibility to consult the GTC available on the site itself as often as possible.
ARTICLE 6 Territory :
This site is in French and is open to all countries of the world, but the products are delivered only in France (Metropolitan France + DOM COM) and in Europe (Benelux, Switzerland).
In the event that this site, the products it offers or the manner in which they are offered are, in whole or in part, illegal under the national law of the customer's residence, it is up to the latter to freely renounce access to them from this territory or to access them from other territories where they are deemed legal. The client who chooses to access the https://myveggie.fr platform from a territory where it is deemed to be wholly or partly illegal does so on his own initiative at his own risk and it is his responsibility to assume the consequences of the application of the rules of public order of his country of residence, without imputing responsibility to MYVEGGIE.
ARTICLE 7 Violation of the GCS :
Any violation of these T&Cs authorises MYVEGGIE to refuse for the future to the client author of the violation in question to benefit from the products delivered from the site under the responsibility of MYVEGGIE or to close any account allowing access to the site, without prejudice to any compensation that may be claimed from the author of the said violation by MYVEGGIE.
ARTICLE 8 Agreement of proof - Notifications :
Except in cases where a stipulation herein provides otherwise, it results from an express agreement between the Parties that exchanges between them may take place by any means, in particular by electronic mail to the e-mail addresses mentioned in their correspondence on the site for MYVEGGIE, as part of its registration on the site for the client, or in any other document.
The client recognises that the recordings and backups made on the site (hereinafter the "electronic documents") will have full evidential value between the client and MYVEGGIE. Thus, the electronic documents (including dates and times) shall be deemed authentic between the parties in the event of a claim or dispute.
The client also recognises, as a result, in its contractual relations with MYVEGGIE, the validity and evidential value of electronic mail and connection and data and account modification records, as well as their reproduction on microfiche, optical or magnetic disks, kept by MYVEGGIE, are opposable to the client as evidence.
ARTICLE 9 Definitions :
The terms hereinafter defined, whether in the singular or plural, shall have the following meanings in these GCS.
Order: refers to the process whereby the Customer selects the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products he/she wishes to have delivered, as well as the delivery options, and when he/she has paid the amount due. Once finalized, the Order is processed by myVeggie, which will ship the Products ordered in accordance with the terms and conditions of these GTC.
Data: All information entered by the customer, including any information entered by the customer in his/her account, under his/her full and entire responsibility and stored on the servers administered by MYVEGGIE.
Products: all products marketed by MYVEGGIE on the myveggie.fr website.
Site: the website located at URL: myveggie.fr
Customer: any natural person of legal age purchasing products marketed by MYVEGGIE.
ARTICLE 10 Product descriptions :
The MyVeggie products offered on our website include a diverse range of dietary supplements, herbal extracts, cosmetics and skincare products. Each product is presented with its main features, including specifications, illustrations and indications of dimensions or capacity.
It is essential for the customer to be aware of these details before placing an order, as the choice and purchase of a product are the sole responsibility of the customer. Please note that the color and graphic elements of the bottles may vary without affecting the formulation of the products, such modifications being due to reasons of brand image or stock availability.
In accordance with article L. 111-1 of the French Consumer Code, the essential characteristics of products are available on our site for an informed purchase.
The photographs and graphics on the site, although produced with care, are not contractual and do not engage our responsibility.
We remind you that the food supplements sold are intended to complement a normal diet and cannot replace a varied and balanced diet. None of our products is intended to cure, treat or prevent any disease. We recommend that you consult a doctor for any medical advice specific to your state of health.
This information is provided in the interests of transparency and responsibility towards our customers, and in compliance with the legal and regulatory obligations in force.
ARTICLE 11 Product purchasing process :
Placing an order:
Once on the myveggie.fr website, customers can click on the products of their choice and place an order directly online. They must then accept the GTCS, and provide all the information required to ship the product(s): Surname
First name
E-mail address
Full physical address
Telephone number
They must then provide their credit card details on a dedicated, secure online form, enabling their order to be paid for securely.
Cardholder's name (LAST & FIRST NAMES)
Card's 16-digit number
Expiry date
Virtual cryptogram code on the back of the card.
In the event of any problem with the customer's bank account (payment refused, incorrect address, etc.) MYVEGGIE reserves the right to block the customer's order until the problem has been resolved.
Once payment has been made, the customer will receive an order confirmation e-mail at the address indicated, summarizing the entire order.
In the event of unavailability of one or more products ordered, the customer will be informed by e-mail, and will then have the choice of requesting a refund of the order from customer service, or waiting for MYVEGGIE to restock and maintaining the order, which will be dispatched as soon as possible.
From the moment the Customer validates his/her order, he/she is deemed to have accepted, with full knowledge of the facts and without reservation, the present general conditions of sale, and the prices, volumes and quantities of products offered for sale and ordered.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may track the progress of his order on the www.myveggie.fr website.
In order to place an order on the myveggie.fr website, the Customer must be at least 18 years of age and have the legal capacity or parental authorization to place an order on the Website.
ARTICLE 12 Shipping & Delivery :
Delivery charges will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer at the time the Order is validated.
They will appear on a specific line separate from that specifying the price of the Products.
It is expressly specified that the amount of delivery charges may vary depending on the territory to which the Products are delivered, which the Customer expressly acknowledges and accepts.
Deliveries are made in France (Metropolitan and DOM-COM), Europe (BENELUX, Switzerland...)
Delivery times are given as an indication only. Order preparation and delivery will only be carried out once the order has been paid in full by the customer. Products are delivered to the delivery address indicated by the customer during the ordering process.
Delivery times include the preparation and dispatch of the Order, as well as the delivery of the Products to the point of delivery (the Customer's postal address or delivery point).
In the absence of any indication on the Website of a delivery time for the Products, myVeggie undertakes to deliver them within a maximum of 30 (thirty) days from the date of the Order validation email sent to the Customer by myVeggie. In this case, the Products in question will be delivered within the delivery time indicated on the Site and reiterated at the time of the Order.
However, as myVeggie uses external service providers (carriers, postal services, etc.) to deliver the Products, myVeggie is totally dependent on these third-party service providers. The delivery times indicated on the Site may therefore be affected by the service providers, without myVeggie being responsible for these delivery delays and the consequences that may result from them.
If the Products have not been delivered within ten (10) days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L. 216-2 to L. 216-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Products are delivered to the address indicated by the Customer when placing the order. The Customer must ensure that this address is correct. Any parcel returned to myVeggie due to an incorrect or incomplete delivery address will be reshipped at the customer's expense and myVeggie shall not be held responsible for any inability to deliver the order.
If the Customer notices that the packaging of the parcel to be delivered to the letterbox is damaged, he/she may, provided that the parcel has not been opened, refuse the parcel by returning it to the post office, at the latest on the working day following its delivery.
Products are dispatched within 48 hours of order confirmation by e-mail to the customer
Once the products have been dispatched, delivery will be made to the address indicated by the customer by colissimo 48h for customers with a delivery address in mainland France. For other destinations, the delivery time is between 2 and 14 working days. The name of the carrier will be communicated to the customer by e-mail after purchase.
If the customer wishes delivery to 2 different locations, he/she must place 2 separate orders and pay the associated delivery charges.
If the parcel is returned to the sender due to the impossibility of delivery, a contribution to the cost of returning the parcel of 6 euros will be requested.
The customer may choose a different delivery method:
Express delivery. The customer will be asked to pay a contribution to delivery costs (the exact amount will be communicated to the customer before payment is made)
Delivery to a relay point.
MYVEGGIE will systematically offer these 2 additional modes of delivery depending on their feasibility.
ARTICLE 13 Right of withdrawal - Products :
In accordance with Article L.121-21 of the French Consumer Code, the customer has a period of fourteen days from receipt of the products to exercise his right of withdrawal, by sending a form by RAR to the head office of MYVEGGIE as indicated in the headers.
No cancellation of order will be accepted if the procedure is not respected.
The customer must return the products to MYVEGGIE no later than 14 days following the sending of his decision to withdraw. The customer must only pay the direct costs of returning the products, as MYVEGGIE does not cover these costs.
MYVEGGIE then has 14 days to reimburse the customer upon written notification of cancellation.
However MYVEGGIE will not refund the customer in the following cases:
- Quantity of products below order
- Products opened or already consumed
- Products where blisters appear open
- Damaged product or packaging, rendering it unfit for re-marketing
- Products not stored under the conditions recommended on the packaging
Product returns are made at the Customer's own risk. If the package is lost, stolen or damaged when the product is returned, myVeggie reserves the right to refuse reimbursement of the returned product(s).
Only the customer identified as such to myVeggie may exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery.
ARTICLE 14 Pricing :
The prices of products and services, firm and non-revisable, are those displayed on the site on the day the order is placed by the customer.
Product prices are quoted in Euros, inclusive of all taxes. They take account of VAT and any reductions applicable on the day of the order and according to the country of delivery.
Product prices exclude delivery and postage costs
If one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products on the website and on the various sales media.
However, a price cannot be modified once the customer's order has been validated.
All product offers proposed on the site are limited to Metropolitan France and to the countries proposed for delivery.
myVeggie reserves the right to change prices without notice.
Promotional codes apply to non-rebated base prices only. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used 1 time per customer account unless otherwise instructed by myVeggie. These codes are not refundable in the event of an exchange.
ARTICLE 15 Terms of payment :
Payment for services is made by credit card
To this end, the customer authorizes MYVEGGIE to debit his/her credit card for the amount indicated when the order is placed on the website.
MYVEGGIE assures the customer that payments made are secure and that agreements have been made with professionals in the sector in order to fully ensure this objective.
Invoices corresponding to each direct debit will be available in the customer's member area. The customer may also request that invoices be sent by e-mail to the following address: contacts@MYVEGGIE.com.
Payment by credit card is made directly online via a secure transaction with the Checkout.com system. Payment data is exchanged in encrypted mode using SSL 128-bit protocol (Secure Socket Layer). When the Customer places an order on the Website, the credit card is debited immediately as follows: the Customer enters the credit card number in the appropriate field, with no spaces between the digits, the validity date, and 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 myVeggie site also allows payment by Paypal and Scalapay.
ARTICLE 16 Warranties and exclusions :
Products marketed by MYVEGGIE are manufactured in France by partner laboratories. MYVEGGIE offers customers a guarantee of conformity, quality and compliance with regulations applicable to dietary supplements.
MYVEGGIE also guarantees that products have undergone controls and tests carried out by partner laboratories before being put on the market.
In any event, MYVEGGIE shall not be held liable by the customer in the following cases:
- Damage suffered by the customer as a result of misuse of the products.
- Failure by the customer to check, before ordering and throughout the use of the products, the customer's state of health and any allergies to one of the product's components, or failure to observe any contraindications mentioned.
ARTICLE 17 Force majeure :
Neither party shall be held responsible vis-à-vis the other for the non-performance or delays in the performance of an obligation under this contract which would be due to the fault of the other party following the occurrence of a case of force majeure within the meaning of Article 1148 of the Civil Code.
In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: blocking of telecommunications, including telecommunications networks, total or partial strike; lock-up, riot, civil unrest, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flooding, water damage, governmental or legal restrictions legal or regulatory changes to forms of marketing, computer breakdown, any consequence of a technological development, unforeseeable by MYVEGGIE, calling into question the norms and standards of its profession and any other unforeseeable, irresistible event beyond the control of the parties preventing the normal performance of their mutual obligations.
In the event of the occurrence of such an event of force majeure, the obligations of the present contract are suspended. If the case of force majeure continues for a period of more than one month, the present general conditions may be terminated, with relative effect, by either party upon receipt by the other of a registered letter.
ARTICLE 18 Information - claims :
Any complaint or request for information concerning the products must be addressed to MYVEGGIE via the site by referring to the "contact" section, or by post to the following address:
LABORATOIRE MYVEGGIE
Service CLIENT
21 rue de la Talaudière
42000 SAINT ETIENNE
The response to the complaint will be made within 30 working days by post if the client expressly requests it.
If at the end of this period, the customer has not obtained satisfaction, he has the possibility of making a second request by means of notification by registered letter with acknowledgement of receipt. The processing of the request shall not exceed one month from the date of receipt of the notification.
In all correspondence, whether electronic or postal, addressed to MYVEGGIE, the client undertakes to mention his/her surname, first names, name, e-mail and postal address, and the subject of the request, enclosing, where applicable, a copy of the order to facilitate identification and processing of the request.
Any incomplete request cannot be processed by MYVEGGIE.
ARTICLE 19 Intellectual property :
Our company's website, including but not limited to the myVeggie brand, its derivatives and variations, logos, graphic guidelines, layout, information, presentations, content, as well as our systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) are protected by current intellectual property rights and the rights of database producers. These elements are the exclusive property of our company or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, without our prior written consent is strictly prohibited and may result in legal action.
Browsing our site does not confer any intellectual property rights on the user. We grant a right of access and consultation of the site, subject to compliance with these GTC. It is strictly forbidden to copy, reproduce, modify, sell or exploit in any way whatsoever the contents of the site without our express written authorization. This also includes the prohibition of the use of hypertext links without our written consent, and the use of our logo or trademark in a link also requires our written consent.
We emphasize that any infringement of these provisions may result in serious legal consequences for offenders. This warning is intended to protect our intellectual property rights and to ensure the respect and integrity of our work and brand.
ITEM
20 Applicable law and jurisdiction :
These GTC are governed exclusively by French law, to the exclusion of any other legislation, even in the case of customers who are residents or nationals of foreign countries.
The official language of these GTC is French. The use of any other language is for guidance only. In the event of any difficulty of interpretation, the parties shall refer solely to the French text.
Any dispute arising in connection with the present GCS shall be submitted, prior to any legal proceedings, to a conciliator(s), each party to the present agreement appointing one unless they agree on the choice of a single conciliator.
To this end, in the event of dispute, one of the parties will inform the other by registered letter with acknowledgement of receipt of the name of the proposed conciliator, the other party having 30 days to notify the conciliator it designates; failure to reply within this period will constitute agreement by the second party to the choice of conciliator put forward by the first.
In the event of a proven failure on the part of the party concerned to receive or pick up at the post office a notification sent by registered letter with acknowledgement of receipt, notification may be made by any means.
Within a maximum period of three months from the date of their appointment, the conciliator(s) will endeavour to settle the difficulties submitted to them and to ensure that the parties accept an amicable solution.
Whatever the outcome of the said amicable settlement, the conciliator(s) will draw up and sign a conciliation or non-conciliation report.
In the absence of such an agreement within the stipulated timeframe, and subject to the production of the said non-conciliation report, the dispute will be brought to the attention of the Commercial Court of the location of MYVEGGIE's registered office on the date of the summons, which will be obliged to note the production of the said duly signed report for the purposes of adjudicating the dispute.
This clause applies, unless otherwise provided by public policy, and without prejudice to MYVEGGIE's right to take legal action against any person who has infringed its rights, before a court which would have jurisdiction in the absence of the above-mentioned clause.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
