General terms of sales
Preamble
Protifast.com (hereinafter referred to as the "Website") is an online e-business accessible via the Internet at www.protifast.com, and is open to any user of the Internet network (hereinafter referred to as a "Net-surfer").
It is produced by the French private limited company PROTIFRANCE of which is EUR 63,100 and the registered office of which is at 2,ZA les pins verts, 33650 Saucats, and which is registered with the Bordeaux Register of Companies & Commerce under number 394774020. You can contact Protifast by calling 0033 (0)556722400 (lines open Monday to Friday, 9am to 6pm).
The Website enables PROTIFAST to offer dietetic for sale (hereinafter referred to as the "Products") to Net-surfers navigating the Website (hereinafter referred to as the "Users"). For the purpose of these Terms & Conditions, it is hereby agreed that any User and PROTIFAST shall be referred to collectively as the "Parties" and individually as the "Party", and that any User confirming any order shall thereafter be referred to as the "Purchaser". All User rights and obligations therefore shall of necessity apply also to the Purchaser.
The User wishing to purchase online via the Website hereby formally declares that he/she has full legal capacity.
Article 1. Purpose
These Standard Terms & Conditions of Business determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website, and apply worldwide, insofar as concerns solely the relationship created via the Internet and exclusively on the said Website. The Purchaser agrees that he has read them, and any purchase of one or more products by the Purchaser implies his complete acceptance and advance agreement to adhere, in full, to these general terms of sale and warranties, which prevail over any other documents except for special conditions explicitly accepted in writing by PROTIFAST.
Article 2. Products - Prices
2.1. Products
The Products offered for sale by PROTIFAST are those shown on the Website on the day and date on which the User logs onto the Website and while stocks last. No photograph illustrating any Product shall be deemed to constitute part of any contract.
2.2. Prices
The prices for the Products are shown in euros. They are inclusive of Value-Added Tax (VAT) at the rate applying on the date of the order.
PROTIFAST reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the said Products. Any shipping costs will be charged in addition.
Article 3. Registration and confirmation of the order
3.1. Navigating the Website
The User is free to navigate between the various different Web pages on the Website without any obligation to make any purchase.
3.2. Registering the order
If the User wishes to make an order, he or she selects the various different Products in which he or she is interested and makes such interest clear by clicking on the "Add to the Basket" button. At any time the User may:
- obtain a summary of the Products selected or alter his/her order by clicking on "my basket" accessible on the top right-hand corner of each page in the "our products" section,
- complete his or her Product selection and place an order by clicking on "my basket".
An order summary will then appear on the screen. If the list that appears matches the Products the User has chosen, he or she may place the order by clicking "I confirm my order - I recognize my obligation to pay for this order." The User must then identify themselves, either by entering their email address and password (if they are a repeat customer or member of the myCaudalie loyalty program), or by accurately filling out the form with the information required to identify them, including their first and last name and mailing address. The User is hereby informed and agrees that entering any identifying information serves as proof of identity and represents consent.
3.3. Confirming of the order – Secure payments
After the User has read the order summary and filled in all the required information, they must choose a preferred method of payment for the order. The User must click "Confirm order" to pay for the order. Users may pay for their purchases with a credit or debit card (Visa or Mastercard). They must enter the name that appears on the card, card number, expiration date, and the CVV code on the back of the card. Users may also pay using the secure PayPal system. PayPal payments are made via the secure PayPal website (www.paypal.com).
All information that is exchanged to process payment is encrypted using the SSL (Secure Socket Layer) protocol. These data cannot be detected, intercepted, or used by any third party. These certifications guarantee that the operating processes and technical solutions Mercanet uses meet the strictest criteria for secure exchanges and protection of banking information. Note that the BNP Paribas bank server is also secured via SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible, and that the User's banking information will never pass through Protifast's information system.
Once payment has been confirmed, the User returns to the Website. His or her order is registered and becomes irrevocable. The User, henceforth, becomes the Purchaser. The order form is registered in PROTIFAST's computerized records (which are themselves stored on a durable reliable back-up support), and will be deemed to be proof of the contractual relationship between the Parties.
3.4. Confirming receipt of the order
Once the Purchaser has confirmed payment, an order summary will be sent by email to the email address entered as part of his or her identifying information. This confirmation will state: the payment and delivery methods, any shipping costs, the characteristics of the Product(s) ordered, and the conditions and procedure for exercising the right to a cooling-off period.
The address where the Purchaser may send complaints, and information about customer service and commercial warranties.
Article 4. Shipping costs
The order will be fulfilled no later than thirty (30) days with effect from the following day after the Purchaser has confirmed his or her order.
List of zones and rates:
| Country | Shipping method Rates |
|---|---|
| Metropolitan France, Corsica | Colissimo Mon Commerçant |
| Metropolitan France, Corsica, Monaco | Colissimo Mon Domicile |
| United Kingdom (Delivery to the UK excluding Jersey and Guernsey) |
Colissimo |
| Germany, Italy, Austria, Belgium, Luxembourg, Netherlands, Portugal, Spain, Greece, Poland | Colissimo |
| Suiss | Colissimo |
These prices are inclusive of all taxes.
4.1. Delivery Terms & Conditions
On receipt of the Products ordered, the Purchaser must check the Products are compliant. The Purchaser must report any discrepancy relating to delivery (missing or broken items, damaged parcel, etc.) on the delivery slip issued by the carrier when delivering the parcel, and the same day or no later than the first working day following arrival of the goods, must also inform the Customer Service Department at PROTIFAST, by e-mail to: info@protifast.com or by telephone to 0033 (0)556722400 . No claim made after this period will be accepted and PROTIFAST shall not be held liable in respect thereof. If anything appears wrong with the package or Product(s), after informing PROTIFAST of the problem within the stipulated period, the Purchaser must return the item(s) in the original packaging according to the conditions in Article 5, "Cooling-Off Period," defined below and within fourteen (14) days after the order is received. The return must include a letter that lists the Purchaser's information, the invoice date and number, the Product SKU(s) and the reason for the request. PROTIFAST reserves the right to inspect the returned Product(s), consider the reason for the request, and decide accordingly whether or not to send a free replacement of the Product(s); no compensation shall be due. Should a product be unavailable, the Purchaser will be informed. With the Purchaser's prior agreement, a product of equivalent quality and value will be offered. Should the Purchaser not wish to accept this alternative, the amount paid will be refunded within a maximum of thirty (30) days. In such a case, Protifast will bear the cost of product returns resulting from the Purchaser's decision to withdraw from the transaction. Protifast is unable to accept responsibility for failure to deliver or late delivery resulting from cases of force majeure, the actions of a third party or any error on the part of the client. In the event delivery delays, the Purchaser should inform Protifast customer services as promptly as possible, by emailing info@protifast.com or telephoning 0033 (0)556722400.
Article 5. Right to a cooling-off period
The Purchaser has fourteen (14) calendar days to inform PROTIFAST of their desire to take advantage of the cooling-off period. This period begins on the day the order is received. In order to exercise this right, the Purchaser must inform PROTIFAST of their decision to take advantage of the cooling-off period within that time frame, by post.
The Purchaser can use the return form. Next, the Purchaser must return the Product(s) in their original packaging, at their own expense, no later than fourteen (14) days after informing PROTIFAST of their decision to return them, to the following address: PROTIFAST – 2 ZA les pins verts – 33650 Saucats - FRANCE. When the fourteen (14) day period ends on a Saturday, Sunday, or holiday, it is extended to the next business day. If the conditions above are met, PROTIFAST will reimburse the Purchaser for all amounts paid by the latter, as soon as possible but no later than fourteen (14) days after the date on which PROTIFAST was informed by the Purchaser of their decision to return the Product(s). PROTIFAST reserves the right to withhold reimbursement until the returned Product(s) have been received. Initial shipping costs are included, but the Purchaser remains responsible for the cost of return shipping.
Article 6. Data protection
Personally identifiable information upplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
In accordance with law relating to computers and freedom, the processing of personally identifiable information gathered from the Website is subject to formal declaration registered with the National commission for information technology and civil liberties [CNIL]. The User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a written request by post to the Customer Service Department at PROTIFAST – 2, ZA les pins verts, 33650 Saucats-France.
Article 7. Force majeure
No Party shall be liable in the event of partial or total non-performance of any obligation under this contract where such non-performance arises due to an event that constitutes a case of force majeure. Cases of force majeure will be defined as those events which fulfil the criteria set by case law.
The Party relying on any event tantamount to force majeure must advise the other Party thereof within five (05) working days of the occurrence, or the threat, of the event.
The Parties hereby agree that they will consult one another within the shortest possible time in order to decide jointly on how to carry out the order during the case of force majeure.
Article 8. Partial invalidity
If any provision in these Standard Terms & Conditions of Business is found or ruled to be invalid pursuant to any law, regulation or decision of a competent court, the other provisions shall retain their full force and scope.
Article 9. Wholeness of the contract
These Standard Terms & Conditions of Business and the order summary transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties. In the event of contradiction between the said documents, the Standard Terms & Conditions of Business shall prevail.
Article 10. Intellectual property
The protifast.com website is an intellectual work protected under Intellectual Property Law. Each of the elements it comprises (such as brands, logos, photographs, images, illustrations, texts, slogans, and videos) are the exclusive property of PROTIFAST, which is solely authorized to exercise the intellectual property rights and privacy rights pertaining thereto.
Any reproduction or representation, adaptation or modification to the Site, in full or in part, or of any one of the elements it comprises, is explicitly prohibited, in any medium or any format and for any purpose, including commercial purposes.
PROTIFAST must give explicit permission in advance for any reproduction and/or representation of the Site or any one of the elements it comprises. Hypertext links to the Site may not be made except with prior written permission from PROTIFAST. The brands mentioned on the Site are trademarks and as such are the exclusive property of PROTIFAST.
Article 11. Applicable law – Competent jurisdictions
These Standard Terms & Conditions of Business and the contractual relationship between PROTIFAST and the Purchaser are subject to French law. In case of litigation relating to the interpretation, execution or rupture of these general terms of sale, and when an amicable solution cannot be reached, competence will be expressly attributed to the jurisdiction of the Tribunal of Bordeaux.