TERMS AND CONDITIONS OF SALE AND USE
I. Preliminary Notices
1. Legal Notice
This website is published by the company UNESSENCE, SARL with a capital of 5 000 €,registered in the Bobigny Trade and Companies Register under the number 537 639 635, and whose head office is located at 165, Bld Victor Hugo, 93400 SAINT-OUEN, FRANCE.
The company UNESSENCE can be reached by phone at 0616582602 or by e-mail using the following address: email@example.com.
Intra-Community VAT number: FR 07537639635. The publishing director of the Website is Zidani Morad.
This Website is hosted by the company OVH, whose head office is located at 2, rue Kellermann 59100 Roubaix, France, which can be reached by phone at the following number: +33(0)97210107.
This Website is freely accessible to all Internet users. It consists of an online product sales website.
These General Terms and Conditions of Sale (hereafter referred to as the “GTCS”) apply, without restriction or reserve, to all sales concluded by the company UNESSENCE, SARL with a capital of 5, 000.00€, registered in the Bobigny Trade and Companies Register under the number 537 639 635, and whose registered office is located at 165, Bld Victor Hugo, 93400 Saint-Ouen, France (hereinafter referred to as the “Vendor”) to clients and non-professional buyers (hereinafter referred to as the “Customers” or the “Customer”), wishing to purchase the products sold by the Vendor (hereinafter referred to as the “Products”) on the website www.unessence.com(hereinafter referred to as the “Website”). The Vendor and the Customer(s) shall together be referred to as the “Parties”.
The Vendor specialises in the sale of food supplements online.
In particular, the GTCS specify the terms and conditions of orders, payments, deliveries and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be completed by special conditions, set out on the Website, prior to any transaction with the Customer.
These GTCS apply to the exclusion of all other conditions, in particular by means of distribution and marketing channels other than online.
They are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
As these GTCS may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the Website on the date the order is placed.
2. Definitions and Disclaimers
1. Food supplements:foodstuffs which are intended to supplement the normal diet and are a concentrated source of nutrients or other substances with a nutritional or physiological effect, alone or in combination, marketed in dose form, namely forms of presentation such as capsules, lozenges, tablets, pills and other similar forms, as well as sachets of powder, ampoules of liquid, drop dispensing bottles and other similar forms of liquid or powder preparations intended to be taken in measured units of small quantities.
2. Nutrients: Vitamins and Minerals.
3. Substances with a nutritional or physiological purpose: chemically defined substances with nutritional or physiological properties, with the exception of nutrients and substances with exclusively pharmacological properties.
4. Plants and plant preparations: ingredients composed of plants or isolated therefrom, with the exception of the substances mentioned in 2 and 3, possessing nutritional or physiological properties, with the exception of plants or plant preparations possessing pharmacological properties and intended solely for therapeutic use.
5. Food supplements do not have the properties of prevention, treatment or cure of a human disease.
4.Taking food supplements cannot compensate for a balanced and varied diet.
For more information on dietary supplements and their applicable regulations, the Vendor encourages the Customer to visit the website:https://www.economie.gouv.fr/dgccrf/s%C3%A9curit%C3%A9/produits-alimentaires/complements-alimentaires(In French).
3. Acceptance of the General Terms and Conditions of Sale
Subscription to a contract governed by these General Terms and Conditions with the Vendor presupposes the user’s acceptance of these General Terms and Conditions of Sale. The user acknowledges having read these terms and conditions in full. This acceptance will consist, for the Customer, in validating these GTCS.
The Customer acknowledges the evidentiary value of the Website Vendor’s automatic registration systems and, unless the Customer provides proof to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of these General Terms and Conditions presupposes that the Vendors have the necessary legal capacity to do so, or failing this, that the Vendors have the authorisation of a tutor or curator in case of incapacity, of a legal representative if the Vendors are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.
4. Modalities of order placement and purchase process
1.Products, Selection and Ordering:
Products Offers are understood to be within the limits of available stocks, as specified at the time the order is placed.
To place an order, the Customer may select one or more Products and add them to his/her basket. When the order is complete, the Customer will be able to access his/her basket by clicking on the button provided for this purpose. By consulting his/her basket, the Customer will be able to check the number as well as the nature of the Products he has chosen and will be able to verify their unit price as well as the global price of the order. The Customer will have the possibility to remove one or more products from his/her basket. This summary will indicate to the Customer the option he/she has or not to exercise his/her right of retraction as well as the deadlines and terms and conditions that apply.
The Customer is responsible for verifying the accuracy of the order and reporting or correcting any errors immediately.
If his/her order suits the Customer and the latter wishes to validate the said order, the Customer will have to click on the validation button, to access a form in which the Customer can either enter his/her connection identifier if the Customer already has one, or register on the Website by completing the relevant form, with the Customer’s personal information. As soon as the Customer is connected or after the form is fully completed, the Customer will be invited to check or modify the delivery and invoicing details, to read and validate these conditions, to confirm the order and will then be invited to proceed with the payment by being redirected, if necessary, to the secure payment interface.
An order placement on the Website is completed when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order.
This validation implies the acceptance of the entirety of these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use of the Website.
The sale is deemed final only after the Customer has received confirmation of acceptance of the order by the Vendor by e-mail, which will be sent within 24 hours at the latest after receipt by the Vendor of the full price.
Within the same timeframe, the Vendor undertakes to send the Customer an e-mail summarising the order to confirm its processing and to communicate all information relating to the order.
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be modified and cannot be cancelled, apart from the exercise of the consumer cancellation right or cases of force majeure.
The Vendor does not intend to sell the Products on the Website to professionals, but only to consumers or non-professional individuals, for their personal needs.
Therefore, the Vendor reserves the right to refuse orders for the same Product in large quantities.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the terms described above, on the Website results in the formation of a distance contract between the Customer and the Vendor.
Unless proven otherwise, 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 concerning the payment of a previous order.
The order will be processed only after receipt of the payment of the full price of the order. The delivery process stipulated in Article 8 “Delivery” below will start only after the price is paid by the Customer.
2. Customer Account
The creation of a Customer account is a prerequisite for any order. To this end, the Customer will be asked to provide personal information. The Customer undertakes to provide accurate information failing which the contract will be terminated at the Vendor’s initiative and the Customer’s account deleted.
Some information will be deemed essential for the conclusion of the contract and the collection of the said information will be required for the creation of the account and the validation of the contract. Refusal by a Customer to provide the said information will result in preventing the creation of the Customer’s account as well as, incidentally, the validation of the order.
This account allows the Customer to consult all his/her orders made on the Website, and also allows the Customer, if necessary, to follow the delivery of the purchased products.
If the data contained in the Customer’s account were to be lost following a fortuitous event, technical failure or force majeure, the Vendor shall not be held liable, as this information has no probative value but is only of an informative nature. However, the Vendor undertakes to store securely all contractual elements whose preservation is required by law or regulation in force.
The Vendor reserves the exclusive right to delete the account of any user who has contravened these Terms and Conditions of Sale (in particular but without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and setting up his/her account) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute damage for the excluded Customer who will not be entitled to claim any compensation as a result of the said deletion.
This exclusion is not exclusive of the possibility, for the Vendor, to take legal action against the Customer should the facts justify it.
When creating the Customer account, the Customer will be asked to choose a password. This password is the guarantee of the confidentiality of the information contained in the Customer account and the Customer therefore refrains from transmitting it or communicating it to a third party. Failing this, the Website cannot be held responsible for unauthorised access to the Customer account.
5. Products Available for Sale
The Products available for sale on the Website are food supplements, within the meaning of Decree No. 2006-352 of 20 March 2006 on food supplementsand defined in the article.
The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and do not engage the Vendor’s responsibility.
The quantity of the nutrients or substances mentioned in 3° and 4° of Article 1 above, contained in the product is indicated on the labelling and the online product sheet on the Website. The quantity refers to the daily portion of products recommended by the manufacturer as indicated on the label.
The units used for vitamins and minerals are specified by decree set by the ministers responsible for consumer affairs, agriculture and health.
The Customer must refer to the description and labelling of each Product in order to know its properties, essential characteristics, composition and delivery times.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
6. Product Prices, Taxes and Delivery Charges
The prices indicated on the Website are in Euros, all taxes included (VAT included), and excluding delivery costs. Prices are firm, with no discounts or rebates. These prices are subject to change at any time by the Vendor. The price applicable to the Customer is the price in force at the time of the order.
The prices take into account any discounts that may be granted by the Vendor through the Website.
Delivery costs will, in any circumstances, be indicated to the Customer before any payment and on the summary of the order.
Should the Customer request a faster or more expensive shipping method than the standard shipping method, the additional shipping costs, as they appear at the time the Customer validates the order, will be borne in full by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
7. Terms and Conditions of Payment
The price is payable cash, in full on the day the order is placed by the Customer on the Website and can be paid by credit card, cheque, bank transfer or Paypal.
Payments by credit card are made through secure and encrypted transactions provided by the service providers: CIC or Paypal.
For credit card payments, the Vendor of this Website does not have access to any data relating to the customer’s means of payment.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco.
The cashing of the check is carried out upon receipt.
The Products ordered by the Customer will be delivered in metropolitan France and in the countries of the European Union within 2 to 4 working days from the dispatch of the order, to the address indicated by the Customer when ordering on the Website.
For some products and in case of a specific order, the shipping time may be longer, in which case it is indicated on the Product sheet on the Website.
Delivery consists of the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Vendor undertakes to do its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these delivery times are given for information only. If the Products ordered have not been delivered within 15 (FIFTEEN) days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions set out in articlesL 216-2 L 216-3 L 241-4of the French Consumer Code.
The sums paid by the Customer will then be returned to him/her at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of non-conformity of the delivered Product, the Vendor -undertakes to rectify it or to reimburse the Customer, as indicated in the article -“Responsibility of the Vendor - Warranty”.
The Vendor will bear the risks of transport and will be obliged to reimburse the Customer for any damage caused during transport.
In the event of delivery outside the European Union and to French overseas departments and territories, the Customer is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of the said duties and taxes are not the responsibility of the Vendor and shall in any event be borne by the Customer. It is therefore incumbent on the latter to verify the information as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
Deliveries are made by an independent carrier, in particular UPS, la POSTE or FEDEX, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
In case of a specific request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Vendor, the related costs will be subject to a specific additional invoice, on the basis of a quotation previously accepted in writing by the Customer.
In the event of delivery of a package that is manifestly and visibly deteriorated, incomplete or containing damaged products, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the Vendor without delay, so that a new package can be prepared for him/her, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these Terms and Conditions of Sale will no longer apply and the Vendor undertakes to do its best efforts to redeliver the ordered Products.
Failure to pay any sum due to the publisher by the due date will give rise to penalties equal to 3 three times the legal interest rates to which will be added a lump-sum indemnity of 40 Euros for collection costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior formal notice.
9. Transfer of Ownership - Transfer of Risk
The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of 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 take place when the Customer takes physical possession of the Products. Therefore, the Products travel at the Vendor’s own risk.
10. Cancellation Rights
In accordance with the legal provisions in force, the Customer has a period of 14 (FOURTEEN) days from receipt of the Product to exercise his/her cancellation right with the Vendor, without having to justify the reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 (FOURTEEN) days following notification to the Vendor of the Customer’s decision to retract.
Products must be returned in their original condition and complete (packaging, accessories, instructions...) allowing resale as a new product, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The cancellation right can be exercised by e-mail at the following address: firstname.lastname@example.org or by post at the following address: UNESSENCE, 165, Bld Victor Hugo, 93400, SAINT-OUEN, FRANCE, using the withdrawal form available at the end of these Terms and Conditions of Sale.
In the event of exercising the cancellation right within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will be borne by the Customer.
If the Products cannot be returned by MAIL, the Vendor will forward the amount of the return costs by any means.
Reimbursement will be made within 14 (FOURTEEN) days from the notification to the Vendor of the cancellation decision.
However, and in accordance with Article L121-21-8 of the Consumer Code, the cancellation right cannot be exercised for contracts:
➢ For the supply of goods made according to the consumer’s specifications or clearly personalised;
➢ For the supply of goods likely to deteriorate or expire rapidly
➢ For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. In case of exercise of the cancellation right, the Vendor will proceed to the refund, using the same means of payment used by the customer for the initial transaction, unless the Customerexpressly agree to a different means; in any case, this refund will not incur any costs to be borne by the Customer.
11. Liability of the Vendor
The Products sold on the Website comply with the regulations in force in France and their performance is compatible with non-professional use.
The Products supplied by the Vendor automatically covered, without additional payment, independently of the cancellation right, in accordance with the legal provisions, by the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered which make them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the annex to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
IT IS REMINDED THAT WITHIN THE FRAMEWORK OF THE LEGAL GUARANTEE OF CONFORMITY, THE CUSTOMER BENEFITS FROM A PERIOD OF TWO YEARS FROM DELIVERY OF THE GOODS TO TAKE ACTION AGAINST THE VENDOR; -MAY CHOOSE BETWEEN REPAIR OR REPLACEMENT OF THE PRODUCT ORDERED, SUBJECT TO THE COST CONDITIONS PROVIDED FOR IN ARTICLE L 217-9 OF THE FRENCH CONSUMER CODE; IS EXEMPT FROM HAVING TO PROVIDE PROOF OF THE EXISTENCE OF THE PRODUCT’S LACK OF CONFORMITY DURING THE TWENTY-FOUR MONTHS FOLLOWING DELIVERY OF THE PRODUCT.
THE LEGAL GUARANTEE OF CONFORMITY APPLIES INDEPENDENTLY OF THE COMMERCIAL GUARANTEE THAT MAY POSSIBLY COVER THE PRODUCT. THE CUSTOMER MAY DECIDE TO IMPLEMENT THE GUARANTEE AGAINST HIDDEN PRODUCT DEFECTS IN ACCORDANCE WITH ARTICLE 1641 OF THE FRENCH CIVIL CODE; IN THIS CASE, THE CUSTOMER MAY CHOOSE BETWEEN THE RESOLUTION OF THE SALE OR A REDUCTION OF THE SALE PRICE IN ACCORDANCE WITH ARTICLE 1644 OF THE FRENCH CIVIL CODE.
SEE ANNEXES AT THE END OF THESE TERMS AND CONDITIONS OF SALE.
In order to exercise these rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of 14 (FOURTEEN) days from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Vendor will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made without undue delay and at the latest within 14 (FOURTEEN) days following the Vendor’s discovery of the lack of conformity or latent defect.
Reimbursement will be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Vendor will not be liable in the following cases: failure to comply with the legislation of the country in which the products are delivered, which the Customer is responsible for verifying, 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 Vendor’s warranty is, in any circumstances, limited to the replacement or reimbursement of non-conforming or defective Products.
12. Protection of Personal Data
Pursuant to Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the Customer is necessary to process his/her order and to prepare invoices.
This data may be communicated to partners of the Vendor in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the Website complies with the legal requirements for the protection of personal data, with the information system used to ensure optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning him/her.
This right may be exercised by the Customer by sending an e-mail to the Vendor at the following address: email@example.com, or by post to the address of the head office of the publisher mentioned at the beginning of these general terms and conditions.
The personal data collected is subject to a computer processing and is exclusively reserved for the Vendor.
The Data Controller is Mr Zidani Morad.
13. Use of the Website
The user: is the person browsing the Website, the Internet user who has not necessarily placed an order with the Vendor.
The Customer: is the person who places an order with the Vendor.
The publisher: the person who publishes, i.e. makes available to the public, pages on the Internet, in this case the company UNESSENCE.
The publisher reserves the right to collect the public IP (Internet Protocol) address of any user/Customer of the Website. The collection of this IP address will be carried out anonymously, it will be kept for the same length of time as the personal information and will only be used for the proper administration of the services offered on this Website. The IP address is a series of numbers separated by dots that uniquely identifies a computer on the Internet.
The publisher/Vendor will have to communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on judge’s order). The IP address of any computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet Service Providers).
In order to allow the user of the Website, an optimal navigation on this Website as well as a better functioning of the various interfaces and applications, the publisher can proceed to the installing of cookies on the computer. These cookies allow the storage of information relating to navigation on the Website (date, page, times), as well as any data entered by the user or Customer during his/her visit (searches, login, email, password). These cookies are intended to be stored on the user’s computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this Website.
The user or Customer has the possibility to block, modify the retention period, or delete these cookies via the interface of his/her browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this Website will not be optimised. If the systematic deactivation of cookies on the user’s browser prevents the user from using some services or functionalities provided by the publisher, this malfunction can in no way constitute damage for the user or the Customer who will not be able to claim any compensation as a result.
The user or Customer of the Website also has the possibility of deleting the cookies previously stored on their computer, through the settings of their browser provided for this purpose (usually, tools or options / privacy or confidentiality). Such an action does not affect the user’s browsing on this Website, but causes the user or Customer to lose all the benefit provided by the cookies. In this case, user or Customer will have to re-enter all the information.
The hypertext links on this Website may refer to other websites and the publisher of this Website cannot be held responsible if the content of these websites contravenes the legislation in force. Similarly, the publisher of this Website cannot be held responsible if the user’s visit to one of these websites causes him/her any harm.
By ticking the box provided for this purpose or by expressly agreeing to this, the user or Customer accepts that the publisher may send them, at a frequency and in a form to be determined by the publisher, a newsletter that may contain information relating to its activity. When the user or Customer ticks the box provided for this purpose, he/she agrees to receive commercial offers from the publisher of this Website for products and services similar to those ordered. Subscribing users or Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, in each of the newsletters.
Furthermore, the user or Customer who has accepted the communication of personal data (and in particular his/her e-mail address) to third-party partners of this Website by ticking the box provided for this purpose may receive newsletters issued by these partners, either commercially or not, at the frequencies and in the forms determined by the said partners.
The user or Customer has at any time the option to unsubscribe by clicking on the link provided for this purpose, available on each of the newsletters issued by the said partners. Alternatively, the user or Customer has the option of unsubscribing by directly contacting the sender(s) of the said newsletters.
The publisher of this Website will in no way be held responsible for the content, data or forms of the newsletters sent by the said partners, regardless of the prejudice that may have been suffered by the user or the Customer. Any complaint must be made directly to the issuer of the newsletter.
14. Intellectual Property
The content of the Website is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the French Civil Code, the Party who has not agreed to assume an excessively onerous performance risk may request a renegotiation of the contract from its co-contractor.
16. Force Majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
17. Applicable law -Language
These General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in French.
Should they be translated into one or more languages, the French text will be the only prevailing text in the event of a dispute.
All disputes to which the operations of purchase and sale concluded in application of these General Conditions of Sale could give rise, concerning their validity, interpretation, execution, cancellation, consequences and effects and which could not be resolved between the Vendor and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission - Commission de la médiation de la consommation(French Consumer Code, art. L 612-1) or with existing sector-based mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
“ODR” Address, Online Dispute Resolution:https://ec.europa.eu/consumers/odr/mai n/?event=main.home.selfTest
The customer, noting that a violation of the general regulation on the protection of personal data would have occurred, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain against the data controller or processor, compensation with a civil or administrative court or with the French National Commission for Data Processing and Liberties.
19. Pre-contractual Information - Customer Acceptance
By ordering on the Website, a natural person (or legal entity) agrees to and fully accepts these General Terms and Conditions of Sale and is obliged to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Vendor.
1. Provisions Relating to Statutory Guarantees
Article L217-4 of the French Consumer Code
The Vendor is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
To conform to the contract, the product must: Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the Vendor and have the features that the Vendor presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the Vendor, the producer or his representative, including advertising and labelling; Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the Vendor and which the latter agreed to. Article L217-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product. Article L217-16 of the French Consumer Code: When the buyer asks the Vendor to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance. Article 1641 from the French Civil Code: The Vendor is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 of the French Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
2. Cancellation Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the www.unessence.comwebsite,except for exclusions or limitations to the exercise of the cancellation right in accordance with the applicable General Terms and Conditions of Sale.
To UNESSENCE, SARL - 165, Bld Victor Hugo at 93400 SAINT-OUEN, FRANCE
Order Date: ...........................
Order Number: ............................................................ ..
Customer Name: ......................................................... ..................
Customer Address: ......................................................... ..............
Signature of the Customer (only in case of notification of this form on paper):