General terms and conditions of sale
https://myveggie.fr
The MYVEGGIE LABORATORY, SAS with a capital of €10,000, registered in the SAINT-ETIENNE trade register under the number 817556145, residing at 21 rue de la Talaudière - 42000 SAINT-ETIENNE, represented by Mrs Véronique DE AZEVEDO, president, duly authorised for the purposes of the present document,
. Hereinafter referred to as "MYVEGGIE"
AND :
Any natural person who, in a personal capacity, after having carefully consulted and approved the present general terms of sale, as he/she is obliged to do before any decision, on his/her personal account, to subscribe to one of the products offered by MYVEGGIE on its site.
hereinafter referred to as the "CLIENT
Purpose of the contract - scope
Purpose:
The purpose of these general terms and conditions of sale (hereinafter referred to as the "GTCs") is to define the technical, legal and financial conditions under which MYVEGGIE undertakes to supply the Products to the client.
The parties agree in an amicable manner and in a spirit of conciliation.
Scope of application:
These GTC apply to the ordering process on the site, to any sale of products concluded between MYVEGGIE (hereinafter referred to as "MYVEGGIE") from the myveggie.fr site with clients, whether they are private individuals or professionals, regardless of any clauses that may appear on the client's documents, and in particular its general terms of purchase, unless expressly accepted in writing by MYVEGGIE and concerning all products marketed by MYVEGGIE.
Acceptance :
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.
Developments :
MYVEGGIE reserves the right to modify these Terms and Conditions, according to technical developments of the myveggie.fr website or its product offerings, or due to legislation, at its sole discretion. In the event that essential points concerning the delivery of products are modified, the client will be asked to read and approve the new GTC when placing a new order.
In general, the use of the site, as well as 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 this use. It is up to the customer to consult the GTC available on the site itself as often as possible.
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.
Violation :
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.
Evidence Agreement - 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.
Definitions
The terms defined below, whether in the singular or plural, shall have the following meanings in these GTC.
Data: All information entered by the client, including that entered by the client in his/her account, if applicable, under his/her full and complete responsibility and appearing on the servers administered by MYVEGGIE.
Products: all products marketed by MYVEGGIE on the myveggie.fr website
Site: the website located at the URL address: myveggie.fr
Customer: any natural person of legal age purchasing the products marketed by MYVEGGIE.
Product purchasing process
Placing an order:
Once on the myveggie.fr website, the customer can click on the products of their choice and place an order directly online. The customer must then accept the GTC and provide all the information necessary for the shipment of the product(s):
Last name
First name
E-mail address
Complete physical address
Telephone number
The customer must then provide his or her credit card information on a dedicated and secure online form, thus enabling the secure payment of the order.
Name of the cardholder (NAME & FIRST NAME)
The 16 digits of the card
The expiry date
The virtual cryptogram code on the back of the card.
In the event of any problem with the client's bank account (payment refused, incorrect address, etc.) MYVEGGIE reserves the right to block the client's order until the problem is resolved.
Once the payment has been made, the client will receive an order confirmation e-mail at the address indicated, summarising the totality of their 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 maintain the order, which will be shipped as soon as possible.
Shipping - Delivery :
Deliveries are made in France (Metropolitan France and DOM-COM), Europe (BENELUX, Switzerland...)
The products are shipped within 48 hours from the order confirmation by e-mail to the customer
Once the products are shipped, the delivery will be made to the address indicated by the customer by colissimo 48h for the customers having a delivery address in Metropolitan France. For other destinations, the delivery time is between 2 days and 14 working days, the name of the carrier will be communicated to the customer by e-mail after the purchase.
If the customer wishes a delivery in 2 different places, he will have to place 2 different orders and pay the associated shipping costs.
In case of return of the parcel to the sender for any impossibility of delivery, a contribution to the costs of return of 6 euros will be requested to send the parcel back.
The customer can choose a different delivery method:
Express delivery. A contribution to the delivery costs will be requested from the customer (the exact amount will be communicated to the customer before payment)
Delivery to a relay point.
MYVEGGIE will systematically offer these 2 additional delivery methods depending on their feasibility.
Right of withdrawal - Products :
In accordance with Article L.121-21 of the French Consumer Code, from the date of receipt of the products, the customer has a period of fourteen days to exercise his/her right of withdrawal, by sending a form by RAR to the head office of the company MYVEGGIE as indicated in the headings.
No cancellation of an order will be accepted if the procedure is not respected.
The customer must return the products to the company MYVEGGIE, at the latest 14 days following the sending of his/her decision to withdraw. The customer must only pay the direct costs of returning the products, as MYVEGGIE does not bear these costs.
MYVEGGIE then has 14 days to reimburse the customer upon written notification of the cancellation. However, MYVEGGIE will not reimburse the customer in the following cases:
Quantity of products less than the order
Products opened or already consumed
Products or blister packs that appear to be open
Products or packaging damaged, making them unfit for resale Products not kept in the conditions recommended on the packaging
Pricing conditions
Prices:
The prices, which are firm and non-revisable, are those displayed on the site on the day the order is placed by the customer. The prices of the products are indicated in Euros including all taxes. They take into account the VAT and any reductions applicable on the day of the order.
The prices of the products do not include delivery costs and shipping 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 confirmed.
Terms of payment :
Payment for services shall be made by credit card
To this end, the client authorises MYVEGGIE to debit his/her credit card for the amount indicated when placing the order on the website.
MYVEGGIE assures the client of its security of payments made and of its agreements with professionals in the sector in order to fully ensure this objective.
Invoices corresponding to each direct debit shall be available in the client's member area. The client may also request that invoices be sent by e-mail to the following address: contact@MYVEGGIE.com
myVeggie warranties and exclusions
The products marketed by MYVEGGIE are manufactured in France by partner laboratories. MYVEGGIE offers the customer a guarantee of conformity, quality and compliance with the regulations applicable to food supplements.
MYVEGGIE also guarantees that the products have been subjected to controls and tests carried out by partner laboratories before being placed on the market.
In any event, MYVEGGIE's responsibility cannot be sought by the client in the following cases:
Damage suffered by the client due to misuse of the products.
Failure by the client to check, before ordering and throughout the use of the products, the state of health and any allergies to one of the components of the product or failure to comply with the contraindications mentioned.
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.
Information - complaints
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.
Applicable law and jurisdiction
These GTC are exclusively subject to 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 only indicative. In case of difficulty of interpretation, the parties shall refer solely to the French text.
All disputes relating to these GTC shall be submitted, prior to any legal proceedings, to one or more conciliators, each party to these GTC designating one unless they agree on the choice of one.
To this end, in the event of a dispute, one of the parties shall 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 has designated; failure to reply within this period shall be deemed to constitute agreement by the second party to the choice of conciliator put forward by the first.
In the event of a proven failure by the party in question to receive or to collect from 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) shall endeavour to settle the difficulties submitted to them and to have the parties accept an amicable solution.
Whatever the outcome of the said amicable conciliation, the conciliator(s) shall 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 minutes of non-conciliation, the dispute shall be brought to the attention of the commercial court in the place of MYVEGGIE's registered office on the day of the summons, which must imperatively note the production of the said duly signed minutes for the purposes of judging 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, in a court that would have jurisdiction in the absence of the above-mentioned clause.