Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
The website accessible at https://combeau.co allows CB INC SAS to offer dietary supplements for sale to users.
The present General Terms of Sale are concluded between CB INC SAS with a capital of 10.000 € registered in the RCS of Paris under the number 852 816 636, having its headquarters at 320 RUE SAINT HONORE 75001 PARIS (hereinafter referred to as "CB INC" or "the Seller"), and on the other hand, any person who has made a purchase on the website https://combeau.co (hereinafter referred to as "the Customer").
Any act of purchase on the site https://combeau.co (hereinafter referred to as the "Site"), automatically entails acceptance of all of these conditions.
ARTICLE 1 - DEFINITIONS
User: refers to any natural or legal person accessing the Site, whether or not they are a Customer.
Customer: refers to any user who purchases a Product through the Site and/or has a personal account on the Site.
Order: refers to the process whereby the Customer selects the Products they wish to purchase and have them delivered. An Order is finalised 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 to be paid. Once the Order has been finalised, the Seller shall proceed to dispatch the Products ordered in accordance with these GTC.
Contract: means these GTC and any special conditions applicable to certain promotional operations. The Customer hereby waives the right to invoke any contradictory document that would be in conflict with the Contract, and which would consequently be unenforceable against CB INC.
Parties: refers jointly to CB INC and the Users of the Site.
Product(s): refers to the product(s) available for sale on the Site.
ARTICLE 2 - PURPOSE OF THESE TERMS AND CONDITIONS AND CURRENT VERSION
The purpose of these Terms and Conditions of Sale is to define the terms and conditions under which Users may access the Web Site and place Orders, and to govern the relationship between CB INC and Users, including all related rights and obligations.
These Terms and Conditions of Sale apply to the relationship between Users and between Users and CB INC. All Users agree to respect, without restriction or reservation, these GTC, whether they visit the Site or place an Order. The GTC are notified to the Users for acceptance prior to any Order on the Site.
CB INC is free to modify, at any time and without notice, the present GTC, in order to take into account any legal, jurisprudential and/or technical evolution. CB INC will inform the User by any means, who must accept the new GTC. In any case, the fact that the User continues to use the Site after being informed of the modification of the T&Cs implies the acceptance of the modifications by the User.
The version of the T&Cs that prevails is the latest version available on the Site.
The version applicable to an Order is the one in force on the date the Order is placed.
Each new Order requires the Customer to accept the GTC, which the Customer acknowledges and accepts. If Users do not accept the T&Cs or any subsequent amendments thereto, they must refrain from using the Site.
The User declares that he/she has obtained from CB INC, prior to placing an Order, all the information concerning the Products and the delivery terms. The User declares that he/she is solely responsible for the choice of Products and their suitability for his/her needs.
The User must be a duly represented legal entity or a natural person of full age with the legal capacity to place an Order on the Site. Failing this, he/she must have the authorisation of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.
The Products are exclusively intended to be sold to end consumers, whether natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he/she is acting as a final consumer and that he/she does not intend to resell the Products for commercial purposes.
ARTICLE 3 - PRODUCTS
The Products offered for sale by CB INC are those that appear on the Site, on the day of the consultation of the Site by the User, within the limits of available stocks. In case of lack of availability of the Products, CB INC commits to inform the Customer. CB INC shall not be held responsible for any Product being out of stock or for the impossibility to sell a Product for which there is no stock.
The Products are described on the corresponding page within the Website and all their essential characteristics are mentioned. The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of CB INC.
The Products are food supplements and have been declared as such to the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) under the number 2020-6-33 in accordance with the provisions of Article 16 of Decree No. 2006-352 of March 20, 2006 on food supplements. Consequently, the customer agrees to respect the conditions of use and conservation of the products.
ARTICLE 4 - PRICE
The price of the Products sold on the Site is indicated respectively by article. The prices of the Products are indicated in euros, all taxes included. The Prices applied to the Customer correspond to those displayed on the Site at the time of the Order. CB INC reserves the right to modify the prices of the Products displayed on the Site.
At the time of the Order Validation, the total Price corresponds to the total amount of the cumulated Prices of the Products which are the object of the Order, to which is added the amount of the delivery costs; this amount includes all taxes.
The prices indicated for each Product do not include the delivery costs which are invoiced in addition, according to the conditions indicated on the Web Site and calculated prior to the placing of the Order and detailed, if need be, in the summary before placing the Order. The total payment requested from the Client shall correspond to the total amount of the purchase of the Products, including these costs.
ARTICLE 5 - PROMOTIONAL CODES AND VOUCHERS
Promotional codes apply only to the basic non-rebate prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per customer account unless otherwise instructed by CB INC. These codes are not refundable during an exchange.
The vouchers sent by CB INC are usable for 1 year on all the Products offered on the Site. The vouchers cannot be combined with each other, nor with promotional codes.
ARTICLE 6 - ORDER
The Customer, when browsing the Site, can add Products to his virtual basket. They can also access the summary of their virtual basket in order to confirm the Products they wish to order by clicking on the "basket" button and place their Order by clicking on the "buy" or "confirm order" buttons. Registration on the Web site and the creation of a personal space are not compulsory in order to place an Order.
If a personal space is created, the information enabling the Customer to identify him/herself, such as the login and password, is personal and confidential. This information may only be modified on the Client's or CB INC's initiative, in particular if the Client forgets his/her password. The Client is solely responsible for the use of his identification details.
He is required to keep them confidential. CB INC shall not be held responsible for any disclosure of these data. Any Order placed using the Customer's login and password shall be deemed to have been placed by the Customer. The Seller shall in no way be held responsible for any damage caused by the disclosure of these personal and confidential data by the Customer and therefore for the use of these data by a third party.
CB INC shall in no event be held liable for any damages whatsoever, in particular as a result of the use of the services subscribed to, whether it be damage to reputation, image, or loss of data that could occur as a result of the use of the services offered by CB INC.
The Customer must always provide a valid address, shipping address and payment method in order to finalize the Sales Order and to effectively form the Sales Contract between the Customer and CB INC.
The finalization of the Sales Order implies the acceptance of the Prices of the Products sold as well as the terms of payment indicated on the Web Site. CB INC shall not be held responsible for any typing errors made by the Client, nor for any consequences resulting from such errors, such as delays or errors in delivery.
The contractual information will be confirmed at the latest upon validation of the Sales Order by the Client.
The Client will have the opportunity to check the information and details of the Sales Order, its total price and to correct any possible errors before confirming its acceptance. This confirmation implies acceptance of the entirety of these GTC and constitutes proof of the sales contract.
Once the Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will include a summary of the Order as well as the relevant information concerning the delivery of the said Order. CB INC will send the confirmation by e-mail to the address indicated at the time the Sales Order was placed.
CB INC commits itself to fulfilling the validated Sales Order, subject to availability. In the event that one or more Products are unavailable when the Sales Order is placed, the Client will be informed by e-mail. The Client will have the choice to either be reimbursed the amount corresponding to the unavailable Products, or to have the Product(s) delivered when said Product(s) become available (unless said Product(s) is (are) permanently withdrawn from the catalogue). In any case, CB INC shall not be held responsible for any damage suffered by the Client, nor shall it be held liable for any damages incurred as a result of such damage.
CB INC may at any time modify the range of Products offered for sale on the Web Site, without prior notice to the Client.
The placing of an Order constitutes the conclusion of a contract of sale between CB INC and the Client. The sale shall be deemed definitive once the Seller has sent the Customer confirmation of acceptance of the Sales Order by e-mail and once the full price has been received by the Seller.
CB INC reserves the right to suspend, cancel or refuse any and all Orders placed by a Customer, whatever their nature or level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Web Site, or in the event of a dispute relating to payment of a previous Order.
ARTICLE 7 - PAYMENT
Payment by the Customer shall be made by credit card or by the PayPal service. If the payment is made by credit card, the payment will be processed by "STRIPE", a specialised server.
If the Customer has opted for a payment via Paypal, the Customer will be transferred to the electronic payment server.
The transaction is immediately debited from the Customer's bank card after verification of its data, on receipt of the debit authorisation from the company issuing the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the total amount of the purchase.
The Customer guarantees CB INC that he is fully authorized to use the means of payment chosen for the payment of his Order and that this means of payment legally provides access to sufficient funds to cover all costs resulting from his Order on the Site. CB INC shall not be held responsible for any fraudulent use of the means of payment used.
Payments made by the Customer shall only be considered final once the amounts due have been received by the Seller. Furthermore, CB INC reserves the right to suspend or cancel any current Sales Order placed by the client if the client fails to respect the above conditions of payment.
ARTICLE 8 - DELIVERY
The Client chooses one of the delivery methods available on the Site when making the Sales Order. The Products shall be delivered exclusively within the geographical areas indicated by the Seller. Delivery times shall be between five (3) and ten (10) working days, depending on the Territory in which the delivery is to be made. These delivery times are given as an indication only.
The Customer shall choose a valid delivery address which must be located in the Territory, failing which the Order shall be refused. The Customer shall be solely responsible for any failure to deliver due to an error or lack of information when placing the Order. In any case, the amount of the Delivery Costs shall be indicated to the Customer before the Order is validated and may vary according to the Territory chosen.
For all Orders, the Products shall be delivered to the address indicated by the Customer when placing the Order.
Delivery times are available in these GTCS as well as on the Site, on the "Deliveries and Returns" page. They are provided for information purposes only and may vary depending on the availability of the Products ordered. Delivery times shall always be understood to be in working days and shall correspond to the average time taken to prepare and send the Order within the Territory.
Delivery times shall run from the date of Order Confirmation by the Seller, acceptance of payment and verification of the data essential to the preparation and dispatch of the Order.
The Seller shall not be held liable for any delay in delivery caused by the carrier. The Customer shall notify the Vendor of any such delay as soon as possible by e-mail: email@example.com
ARTICLE 9 - CLAIMS
The Customer is required to check the condition of the packaging and the Products on delivery. It is the Customer's responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery.
The said reservations and claims may be noted on the sign-in sheet, co-signed by the deliverer and of which he keeps a copy; or be addressed to the carrier by registered letter with acknowledgement of receipt within three (3) working days, not including public holidays, following the date of Delivery of the Products.
Failure to make a claim within the aforementioned time limit extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. Therefore, any claim related to apparent damage at the time of delivery will not be accepted.
By signing the delivery receipt without issuing precise reservations accompanied by the words "Refusal for damage", and by accepting the products, the Customer acknowledges having received the goods without apparent damage at the time of delivery.
The Customer shall inform the Vendor if the Products are not accepted for delivery, or if the Customer has informed the carrier of such a complaint, by e-mail sent toat: firstname.lastname@example.org .
The customer shall make sure that the Products delivered correspond to the Sales Order.
In the event that the Products do not conform in kind or in quality to the specifications mentioned on the delivery slip, the Customer shall have a period of fourteen (14) days from the date of delivery to express any reservations or complaints regarding the non-conformity or apparent defect of the Products delivered.
He must inform the Seller by e-mail sent to at: email@example.com attaching the relevant supporting documents together with the references of the order.
After this period and in the absence of having respected́ these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects will have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 and following of the Consumer Code and those provided for in these General Terms of Sale.
In certain cases, the Seller may request the return of the Product to the address below. The return shipping costs will then be charged to the company.
CB INC SAS 320 RUE SAINT HONORÉ 75001 PARIS
ARTICLE 10 - RIGHT OF WITHDRAWAL OF THE CONSUMER
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for exchange or reimbursement, provided that the Products are returned in perfect condition in their original packaging, with their security label intact (any damaged, incomplete, damaged product or whose packaging is deteriorated will not be taken back), within fourteen (14) days following the communication of its decision to retract.
In particular, CB INC will not reimburse products from which the security label/packaging has been removed. The returns are to be made in their original state and complete (packaging, accessories, instructions ...) allowing their return to the market in new condition.
The return of the Product is made at the risk of the Customer. If the package is lost, stolen or damaged during the return of the product, CB INC reserves the right to refuse reimbursement of the returned product(s).
In order to exercise this right of withdrawal, the Customer has up to fourteen (14) days following receipt of the Order to inform the Seller of their decision to withdraw by e-mail sent toat: firstname.lastname@example.org.The Customer must then return the Product(s), at his/her own expense, in its (their) original packaging, at the latest within fourteen (14) days following the communication of his/her decision to cancel, to the address: CB INC SAS 320 RUE SAINT HONORÉ 75001 PARIS
When the fourteen (14) days periode expires on a Saturday, Sunday or public holiday, it is extended until the next business day. If the Products are not returned within the fourteen (14) days period, the Order shall be deemed final and no refund shall be made.
If the above conditions are met, the Seller shall refund the Customer all sums paid by the Customer, as soon as possible and at the latest within fourteen (14) days of the date on which the Company was informed of the Customer's decision to withdraw.
The Company reserves the right to defer the refund until the earlier of the date of recovery of the Product(s) or the date on which the Client provides proof of shipment of the Products.
Initial shipping costs are included, with the exception of return shipping costs, which remain the responsibility of the Client. The proof of the effective exercise of the right of withdrawal is the responsibility of the Customer.
ARTICLE 11 - DISPUTES
All disputes to which the purchase and sale operations concluded in application of the present General Conditions of Sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he may, in any event, have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies (email@example.com or by mail to Service du Médiateur du e-commerce de la FEVAD - 60 rue de la Boétie - 75008 Paris) or to any alternative method of dispute resolution in the event of a dispute.
In addition, 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 settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
ARTICLE 12 - LIMITATION OF LIABILITY
CB INC declines all responsibility for damages of any nature whatsoever resulting from the use of the Site or the Ordering of Products, including but not limited to any damage to the Customer's reputation or image, or any loss of data that may occur as a result of using the Site.
In the event that CB INC's liability is established and retained due to a prejudice suffered by the Customer and exclusively to CB INC, this liability is limited to the amount of the Order paid by the Customer to CB INC.
The User acknowledges that his use of the Site is at his own risk. The Site is provided to the User "as is" and is accessible without any guarantee of availability and regularity. CB INC will make its best efforts to make the Website available 24 hours a day, seven days a week, except in case of force majeure or an event beyond CB INC's control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or acts of malice or any damage to CB INC's hardware or software.
CB INC shall in no event be liable for any interruption of all or part of the Website, whatever the cause, duration or frequency of such interruption.
The Site has the technology necessary to date for its access and use, the presence of viruses or other harmful elements, introduced by any means or by any third party, which can produce alterations in the computer systems of the User cannot be excluded.
CB INC offers no guarantee, neither explicit nor implicit, as to the functioning of the Site, in particular any technical problem that may arise.
CB INC reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
CB INC's liability under the obligations of these GTC shall not be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts in Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of CB INC.
It is agreed that in the event that CB INC's liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, all indirect, consequential and/or incidental damages, such as for example a commercial disturbance, a loss of clientele, etc., will not entitle the User to compensation.
The Customer undertakes to use the Products in strict compliance with the instructions for use provided by CB INC. Consequently, CB INC shall not be held liable in the event of improper use of the Products by the Customer or any third party.
ARTICLE 13 - LEGAL GUARANTEE
In accordance with the provisions of the French Consumer Code, the Products sold on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the French Civil Code), allowing Customers to return defective and non-conforming Products free of charge.
Guarantee against hidden defects.
In accordance with articles 1641 and following of the French Civil Code, CB INC is bound by the guarantee against hidden defects of the Products sold, which render them unsuitable for, or significantly affect, the use for which they are intended. The Customer may bring an action on the basis of a latent defect within two years of the discovery of the defect. Within the framework of the legal guarantee of hidden defects, CB INC, according to the Customer's choice, undertakes, after assessment of the defect, either: to reimburse the Customer for the totality of the price of the Product concerned; or to reimburse part of the price of the Product if the Customer decides to keep it.
Legal guarantee of conformity.
In accordance with articles L.217-4 et seq. of the French Consumer Code, CB INC shall deliver Products that comply with the Order placed by the Customer, i.e.:
- Products that correspond to the description given by CB INC
- Products that possess the qualities that the Customer may legitimately expect with regard to CB INC's statements.
The Customer may bring a claim based on a lack of conformity within two years from the date of delivery of the Products, it being understood that any lack of conformity appearing within two years from the date of delivery shall be deemed to have existed from the date of delivery.
Within the framework of the legal guarantee of conformity, CB INC, at the Customer's discretion, undertakes, after having assessed the defect, to either: refund the price of the Product concerned; or exchange the Product for one that conforms to the Order, if this is possible.
ARTICLE 14 - CLAIMS AND INFORMATION
Any claim or request for information related to the present General Terms and Conditions of Sale shall be addressed to the Customer Service by e-mail at: firstname.lastname@example.org
ARTICLE 15 - PROOF
The User, the Customer recognises the validity and the evidential value of the electronic exchanges and recordings kept by the Company and accepts that these elements have the same evidential value as a written document signed by hand under the terms of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies relating to electronic signatures.
ARTICLE 16 - MISCELLANEOUS PROVISIONS
Partial invalidity: if one or more stipulations of these GTCs are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Non-waiver: the fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.
Applicable law and jurisdiction: these GTC are governed by French law, unless otherwise provided. In the absence of an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GTCs will be submitted to the competent courts of Paris, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.