Preamble
Offers from the e-shop are made by Laboratoire Provendi SAS. The electronic catalog
provides the following information:
Identification of the Compagny:
Laboratoire Provendi
ZI Les Bracots – 341 Rue du Grand Vire
74890 BONS EN CHABLAIS
France
N°SIRET : 411860182
Phone : +33 (0) 450 363 756
Fax : +33 (0) 450 363 716
E mail : sales@provendi.fr
Description of the main characteristics of the proposed products.
Mention of the total price of the proposed products in Euros, inclusive of tax for
countries of the EU, and exclusive of tax for the other countries. These prices
do not include the shipping costs.
Information regarding the arrangements for payment and for delivery. Existence of
a right of withdrawal.
The period for which the offer and the price remain valid.
All information displayed on the www.provendi.fr
(hereinafter referred to as the « Site ») is presented in French. The customer may
nonetheless opt for a presentation of the e-shop and the catalog in English.
The customer acknowledges, before placing the order, that he has read all the information
aforementioned and the General Terms of Sale.
The customer also declares that the purchase of said products is not in direct connection
with his professional activity, such purchase being reserved for his personal use
only.
Being a consumer, the customer has specific rights which shall be questioned if
the products purchased through the e-shop would be actually purchased for his professional
activity. Moreover, the customer declares that he has the legal capacity to enter
into this agreement.
1 – Purpose
The purpose of these General Terms of Sale is to define the rights and obligations
of the parties in the context of on-line selling of products proposed in this e-shop
by Laboratoire Provendi SAS.
2 – Area of the offer
The geographical area covered by the offer made by the e-shop of Laboratoire Provendi
SAS is the following:
France
European Union
Outside EU : South Africa, Saudi Arabia, Argentina, Australia, Bahamas, Canada,
Chile, China, South Korea, United Arab Emirates, USA, Hong Kong, Island, Israel,
Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Mexico, Norway, New Zealand,
Russia, Singapore, Switzerland, Taiwan, Thailand, Turkey.
3 – Contractual Documents
This Agreement is made up of the following documents, in decreasing hierarchical
legal value:
The General Terms of Sale
The order form
The photographs of the product on the Site are not contractual. Laboratoire Provendi
SAS shall not be liable in case of errors or alterations resulting from the processing
of these photographs.
4 – Order taking
Any order form signed by the customer by an « approval click » shall constitute
an irrevocable commitment which can only be challenged in the cases restrictively
listed in this Agreement in Section 16 « Right of withdrawal » and Section 11 «
Fulfillment of the order ».
5 – Confirmation of the order
The contract shall only be effective upon Laboratoire Provendi’s confirmation of
the order. The customer will receive an acknowledgement of receipt by fax, mail
or e-mail to confirm the order including all elements (such as list of ordered products,
price, date of delivery, shipping costs …)
Laboratoire Provendi SAS keeps its right not to confirm the order for any reason
whatsoever, in particular for any problem of products procurement or any problem
concerning the received order.
6 – Term of the offer
The offers proposed on the Site shall be valid as long as the products related thereto
are on line and while stock last.
7 – Price - Invoice
Prices are indicated in Euros. The amounts indicated in Pounds, US dollars or in
any other currency are only indicative. The exact amount will be calculated in accordance
with the current rate of the dollar or of the other concerned currency at the time
of the payment.
The price fixed at the time of purchase is firm and does not include the shipping
costs which are extra. Said costs will be indicated in the confirmation of the order.
For a delivery inside the EU, the prices include the VAT applicable at the date
of the order. Prices are inclusive of VAT.
In the event of delivery outside the EU, the customer will have to pay for customs
duties or VAT or any other taxes due to the import of products in the country of
delivery. The customer is also solely responsible for the formalities related thereto
unless otherwise specified. The customer is solely responsible for checking whether
the products ordered can be imported under domestic law in the country of delivery.
The invoice will be issued by Laboratoire Provendi SAS. The customer shall indicate
the address where the invoice has to be sent.
8 – Payment
The price is payable upon placement of the order.
The customer undertakes to pay the total price of the products (price of products
and shipping costs) as stipulated on the Site and also to pay for, or have someone
pay for the customs duties, the VAT or any other taxes due to the import of products
in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order by credit card as proposed on the Site. When
approving the order form, the customer warrants Laboratoire Provendi SAS that he
has all authority needed to use such a method of payment by credit card.
9 – Non payment – Retention of title
Title to the ordered products shall remain with Laboratoire Provendi SAS until full
and definitive payment. Laboratoire Provendi SAS reserves its right to claim the
return of the ordered products in case of non payment.
Under those circumstances, and upon Laboratoire Provendi’s request, the customer
shall return any product for which the payment has not occurred. The customer shall
pay for any costs in connection therewhith.
10 – Transfer of risks
Risks of loss shall pass to the customer upon delivery of the product to the carrier
by Laboratoire Provendi SAS. Products transportation are at the customer’s own risk,
even if they are shipped or returned carriage free. During the withdrawal period
mentioned hereunder in Section 16, the customer, as custodian, shall be liable for
the product. If the product is damaged or destroyed during the customer’s custody,
this latter will bear all the consequences thereof.
11 – Fulfillment of the order
The order will be fulfilled whithin the period indicated on the Site and confirmed
by Laboratoire Provendi SAS at the time of the confirmation of the order. In any
case, the order will be fulfilled within 30 days following the confirmation of the
order at the latest, subject to the limit of available stock and unless otherwise
agreed.
If the product ordered is not available or is out of stock, Laboratoire Provendi
SAS undertakes to inform the customer as soon as possible and to indicate a replenishment
time.
The customer may, at its option, wait for the availability of the product or obtain
a refund and shall inform Laboratoire Provendi SAS by e-mail.
12 – Delivery
The area of delivery corresponds to the geographical area covered by the offer.
Products are delivered to the address indicated by the customer in the order form.
Delivery shall be deemed to have been made when the products are delivered to the
carrier.
The delivery note given by the carrier, dates and signed by the customer upon delivery
will constitute an evidence with regard to transport and delivery.
The customer shall check the content, the conformity and the condition of the product(s)
on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever,
the customer shall be responsible for exercising all claims against the carrier.
Laboratoire Provendi SAS shall never be held liable for any reason whatsoever.
Therefore, Laboratoire Provendi SAS advises the customer to check the condition
of the products upon delivery and before signing the acknowledgement of receipt
of the parcel.
If the customer notes any damage he shall reject the products or issue handwritten,
precise and dated reservations. These reservations must be confirmed by registered
letter with recorded receipt sent to the carrier within three (3) working days following
the delivery date of the products. A copy shall be sent to Laboratoire Provendi
SAS.
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13 – Force majeure
It is expressly understood that are considered as cases of force majeure, in addition
to those which are usually retained by the case law in France, Total or partial
strikes, interruption of transport facilities or of procurement for any reason whatsoever,
legal or governmental restrictions, computer breakdown, interruption of telecommunications
including communication networks and especially internet.
Should a case of force majeure occurs, the fulfilment of the order will in a first
step be suspended.
If after a three (3) months period, the parties ascertain the continuance of said
case of force majeure, the order will be automatically cancelled, unless otherwise
agreed by both parties.
14 – Collection of the goods in the event of the customer’s absence
In the event of the customer’s absence at the time of the delivery, the carrier
will leave a delivery address given by the customer. The product shall be collected
at the address indicated by the carrier and according to the carrier’s instructions.
If after the period indicated by the carrier, the customer has not collected the
products, the products will be returned to Laboratoire Provendi SAS which reserves
its right to refund to the customer the price of the products, the postage costs
remaining payable by the customer.
15 – Claims
Claims related to the non conformity of the delivered product(s) with the order
shall be made in writting directly to Laboratory Provendi SAS and immediately upon
receipt of said product(s). The customer must keep the packaging and the delivery
note
In case of an error, the customers undertakes to return said product within seven
(7) days from its receipt provided that the product is returned to Laboratoire Provendi
SAS, without opening the packaging, in its original condition and packaging, together
with all the associated documents.
One Laboratoire Provendi SAS has received the product in due form, it will, at its
expenses, send the product initially ordered by the customer.
16 – Return Policy (Outside France)
You have the right to return your order within seven (7) working days of receipt
of the goods.
In order to process a return we will need you to contact our customer service by
phone or email, quoting your order number. Any goods returned must be returned in
its original packaging, in the condition in which you received them, shall neither
have been used, nor have suffered any damage.
The goods should be returned to the following address:
Laboratoire Provendi
ZI Les Bracots – 341 Rue du Grand Vire
74890 BONS EN CHABLAIS
France
Tel: +33 (0) 450 363 756
The cost of returning goods will be at your own expense to the address above. Please
dispatch all goods by traceable post, including the reason for exchange or refund.
Laboratoire Provendi will not be responsible for any returned goods that are lost
in transit.
You will be refunded within (30) days once the goods are received in our warehouse.
Refunds are generally made by bank transfer so we may need your bank details.
17 – Personal Informations
All information provided by you will be treated securely.
We do not pass on your details to any third party unless you give us permission
to do so.
The personal information requested from and related to the customer is essential
to process and ship his order, to issue invoices and to draft warranty agreements,
as the case may be.
18 –Electronic Signature
The « approval click » constitutes an electronic signature.
Between the parties this electronic signature has the same legal value as a handwritten
signature.
19 – Evidence
Computer-based registers, recorded in the computer system of Laboratoire Provendi
SAS in reasonable conditions of security shall be deemed it be the evidence of the
communications, orders and payments that have occured between the parties.
Order forms and invoices are stored in a reliable and permanent medium so as to
constitute a mean of evidence.
20 – Intellectueal property
Laboratoire Provendi SAS owns the intellectual property right upon the Site and
the right to display the elements of the catalog, in particular the photographs
for which it has obtained the necessary authorizations from the concerned persons.
Consequently, total or partial reproduction of the elements contained in the Site
or the catalog on any medium whatsover, the use of such elements and the fact to
make them available to third parties are strictly prohibited.
21 – Entire Agreement
These general Terms of Sale represent all obligations of the parties. No other general
or special term and conditions communicated by the customer shall neither be included
in, nor depart from these General Terms.
22 – Non Renunciation
Any one or more failure by Laboratoire Provendi SAS to enforce any provision of
this Agreement or to exercise any right shall in no way constitute a waiver of such
right or remedy on any future occasion.
23 – Severability
Should one or several clauses of these General Terms be considered as being non
valid or is declared to be so in accordance with an act, a rule or pursuant to definitive
ruling of a competent court, the remaining clauses will remain valid.
24 – Litigation
This Agreement is governed by the French Law, for both the substantive and procedural
rules.
THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION
WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE
SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED
OFFICE OF LABORATOIRE PROVENDI SAS, NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS,
OR EMERGENCY PROCEDURE.
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