Terms of Sale

Last updated: 10/07/2024

Article 1 – Legal Notice

This website, accessible at https://delis-rd.fr/ (the “Site”), is published by:

DELIS R&D, a limited liability company (SARL) with share capital of €325,160, registered with the Paris Trade and Companies Register under number B 754 004 844, whose registered office is located at 45 Rue de Chézy, 92200 Neuilly-sur-Seine, represented by Georges CARP, duly authorized for the purposes hereof,

(hereinafter referred to as the “Operator”).

The Operator’s individual VAT number is: FR 55 754004844.

The Site is hosted by PUSH IT UP, located at 124 rue d’Aboukir, 75002 Paris.

The Site’s Publishing Director is Georges CARP.

The Operator can be contacted at the following email address: contact@delis-rd.fr.

Article 2 – General provisions relating to these general terms and conditions

These General Terms and Conditions of Sale (the “General Terms and Conditions of Sale” or the “GTCS”) apply exclusively to the online sale of products offered by the Operator on the Site.

The GTCS are made available to customers on the Site, where they may be consulted directly, and may also be provided upon simple request by any means.

The GTCS are enforceable against the customer, who acknowledges, by ticking a box or clicking the button provided for this purpose, that they have read and accepted them before placing an order. Validation of the order through confirmation shall constitute the buyer’s acceptance of the GTCS in force on the date of the order, the storage and reproduction of which are ensured by the Operator.

Article 3 – Description of the products

The Site is an online sales website for food supplements (hereinafter the “Product(s)”), open to any natural or legal person using the Site (the “Customer”).

Each Product displayed on the Site is accompanied by a description (prepared by the supplier or accessible on the manufacturer’s website via a link available on the Site) stating its essential characteristics. Photographs illustrating the products, where applicable, are not contractual documents. The Product instructions for use, where this is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of applicable French law.

The Customer remains responsible for the terms and consequences of accessing the Site, notably via the Internet. Such access may involve the payment of fees to technical service providers such as Internet service providers, which shall remain at the Customer’s expense. In addition, the Customer shall provide and remain fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration used is secure and in proper working order.

Article 4 – Creation of the customer account

To place an order on the Site, the Customer must first create a personal customer account. Once created, in order to access it, the Customer must identify themselves using their login (email address) and their secret, personal and confidential password. It is the Customer’s responsibility not to disclose their login and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to keep strictly confidential the data, in particular login and password, allowing access to their customer account, the Customer acknowledging that they are solely responsible for access to the Service via their login and password, except in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their login and/or password.

After creating their personal customer account, the Customer will receive an email confirming the creation of their account.

When registering, the Customer undertakes to:

• provide real, accurate and up-to-date information when entering it in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization;
• keep registration data up to date in order to ensure that it remains real, accurate and current at all times.

The Customer also undertakes not to make available or distribute unlawful or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Failing this, the Operator may suspend or terminate the Customer’s access to the Site at the Customer’s sole fault.

Article 5 – Orders

The Operator makes every effort to ensure optimal availability of its Products. Product offers are valid while stocks last.

If, despite the Operator’s best efforts, a Product proves unavailable after the Customer has placed the order, the Operator shall inform the Customer by email as soon as possible, and the Customer shall have the choice between:

• delivery of a Product of equivalent quality and price to that initially ordered; or
• reimbursement of the price of the ordered Product no later than thirty (30) days after payment of the sums already paid.

It is agreed that, apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator shall not be liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to the Operator.

Except where otherwise stated in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to the basket by indicating the selected Products and the desired quantities. The Customer has the option of checking the details of their order and its total price, and returning to previous pages to correct the contents of the basket if necessary before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale in force before accepting them and to confirm the delivery terms and any delivery and withdrawal fees prior to payment of their order. Confirmation of the order implies acceptance of the GTCS and forms the contract.

The contractual information relating to the order (including in particular the order number) shall be confirmed by email in due time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or save this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Operator also advises the Customer to print and/or save this invoice on a reliable and durable medium as proof.

Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log in to their customer account.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that:

• The Customer does not comply with the General Terms and Conditions in force at the time of the order;
• The Customer’s order history shows that sums remain due in respect of previous orders;
• One of the Customer’s previous orders is the subject of an ongoing dispute;
• The Customer has not responded to a request for confirmation of the order sent by the Operator.

The Operator archives Product sales contracts in accordance with applicable legislation. Upon request sent to the following address: contact@delis-rd.fr, the Operator shall provide the Customer with a copy of the contract covered by the request.

Any amendment to an order by the Customer after confirmation of the order is subject to the Operator’s agreement.

The information provided by the Customer when placing the order (in particular name and delivery address) is binding upon them. Accordingly, the Operator may under no circumstances be held liable if an error made when placing the order prevents or delays delivery/supply.

The Customer declares that they have full legal capacity enabling them to commit themselves under these General Terms and Conditions.

Registration is open to legally competent adults and to minors provided that they act under the supervision of the parent or guardian holding parental authority. Under no circumstances may registration be carried out on behalf of third parties unless duly authorized to represent them (for example a legal entity). Registration is strictly personal to each Customer.

In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the account of the said Customer without notice.

Article 6 – Payment terms and security

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, requiring payment of a price in exchange for the supply of the ordered Product.

In any event, the Operator reserves the right to verify the validity of payment, before dispatch of the order, by any necessary means.

The Operator uses the Stripe online payment solution.

Orders may be paid for using the following payment method:

• Payment by bank card. Payment is made directly on the secure banking servers of the Operator’s bank, and the Customer’s bank details do not transit via the Site. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. In this way, these details are not accessible to third parties.

The Customer’s order is recorded and validated upon acceptance of payment by the bank.

The Customer’s account shall be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Inability to debit the sums due shall result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the information entered is incorrect.

Where applicable, the order validated by the Customer shall only be considered effective once the secure bank payment center has approved the transaction.

As part of control procedures, the Operator may ask the Customer for any documents necessary to finalize the order. These documents will not be used for any purpose other than this.

Article 7 – Payment of the price

The price of the Products in force at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable exclusively in euros (€). The full price is due upon confirmation of the order. The proposed prices include any rebates and discounts that the Operator may grant.

If delivery or transport costs apply, they shall be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount due by the Customer and the breakdown thereof are indicated on the order confirmation page.

Article 8 – Formation of the contract

The contract between the Operator and the Customer is formed when the Customer sends confirmation of their order.

The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When placing an order, the Customer must confirm it using the “double-click” method, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of the basket (identification, quantity of selected products, price, delivery methods and costs) before validating it by clicking on “I confirm my delivery”, then acknowledge acceptance of these GTCS before clicking on the “I pay” button, and finally validate the order after entering bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions concluded between the Operator and its Customers.

The order may be cancelled by the Customer by registered letter with acknowledgment of receipt or by a written document on another durable medium in the event of:

• delivery of a Product not conforming to the stated characteristics of the Product;
• delivery exceeding the deadline set in the purchase order or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been instructed, under the same terms and unsuccessfully, to make delivery within an additional reasonable period;
• a price increase not justified by a technical modification of the product imposed by public authorities.

In all such cases, the Customer may require reimbursement of the deposit paid, increased by interest calculated at the legal rate from the date of collection of the deposit.

The order may be cancelled by the Operator in the event of:

• the buyer’s refusal to take delivery;
• non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – Retention of title

The Operator shall retain exclusive ownership of the Products ordered on the Site until full payment of the price has been received, including any shipping costs.

Article 10 – Dispatch and delivery

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member state of the European Union, and for deliveries within these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers different delivery or supply methods depending on the nature of the product: Colissimo.

Shipping costs are those specified when finalizing the order and are accepted upon validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are indicated in business days on the Site at the time of the order. These deadlines include order preparation and dispatch, as well as the delivery time provided for by the carrier.

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at basket level, provided that payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the initially announced period, the Operator shall send an email to the Customer indicating the new delivery date.

The Products will be delivered to the address indicated by the Customer when placing the order. It is therefore the Customer’s responsibility to check that this address contains no error. The Operator may not be held liable if the address communicated by the Customer is incorrect, thereby preventing or delaying delivery.

Upon delivery, the Customer may be asked to sign a receipt.

No delivery shall be made to a post office box.

Upon delivery, it is the Customer’s responsibility to check that the delivered Products conform to the order and that the parcel is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim relating to the quantity or condition of the Product will be accepted if the claim has not been recorded on the delivery slip.

Article 11 – Right of withdrawal

If a delivered Product does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer shall have fourteen (14) days from the date of receipt of the order to do so.

In accordance with Article L.221-21 of the French Consumer Code, and in order to exercise this right of withdrawal under the conditions set out in Articles L.221-18 et seq. of the French Consumer Code, the Customer is invited to contact customer service at the following address: service.client@delis-rd.fr.

The Operator shall send an acknowledgment of receipt of the Customer’s withdrawal request by email.

Where applicable, the Customer may exercise their right of withdrawal by notifying the Operator of the following information:

• name, postal address, telephone number and email address;
• decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or email provided that such contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but this is not mandatory.

Return costs shall be borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator shall collect the Product at its own expense.

The returned Product must be returned in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return parcel must also contain a letter specifying the Customer’s exact and full contact details (surname, first name, address), as well as the order number and the original purchase invoice.

The Operator shall reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all elements enabling reimbursement of the Customer. This reimbursement may be made by the same payment method used by the Customer. In this respect, a Customer who paid for their order in the form of credits / gift vouchers may be reimbursed in credits / gift vouchers at the Operator’s discretion.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

Article 12 – Customer service

The Customer may contact the Operator:

• via the contact form accessible here: Customer Service
• by email at service.client@delis-rd.fr, stating their name, telephone number, the subject of the request and the relevant order number.

Article 13 – Intellectual property and site use license

The Operator is the sole owner of all elements present on the Site, including, without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, designs, software, trademarks, visual identity, databases, Site structure and all other intellectual property elements and other data or information (hereinafter the “Elements”), which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, displayed, stored, used, rented or otherwise exploited, whether free of charge or for consideration, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer shall be solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 14 – Liability and warranty

The Operator may not be held liable for non-performance of the contract due to the Customer or as a result of an event deemed force majeure by the competent courts, or due to the unforeseeable and insurmountable act of any third party to these terms.

The Customer acknowledges that the characteristics and constraints of the Internet do not make it possible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.

The Operator may not be held liable for any use made of the Site and its services by Customers in violation of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or third party. In particular, the Operator may not be held liable for false statements made by a Customer or for their behavior towards third parties. In the event that the Operator’s liability is sought due to such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any sentence pronounced against it and to reimburse the Operator for all costs incurred in its defense, including attorneys’ fees.

Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the statutory warranty of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code (in particular Articles L.217-4 to L.217-14 of the French Consumer Code), and from the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

When acting under the statutory warranty of conformity:

• you benefit from a period of two (2) years from delivery of the goods in which to take action;
• you may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
• you are not required to provide proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

You may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, you may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

Reproduction of Articles L.217-4, L.217-5, L.217-7, L.217-9 and L.217-12 of the French Consumer Code, and Articles 1641, 1644 and the first paragraph of Article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:

Art. L.217-4 of the French Consumer Code:

“The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where this has been made its responsibility by the contract or has been carried out under its responsibility.”

Art. L.217-5 of the French Consumer Code:

“The goods conform to the contract:

1° If they are fit for the use usually expected of similar goods and, where applicable:

– if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

– if they have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or its representative, particularly in advertising or labeling;

2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Art. L.217-7 of the French Consumer Code:

“Lack of conformity which appears within twenty-four months from delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

For second-hand goods, this period is set at six months.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Art. L.217-9 of the French Consumer Code:

“In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer’s choice if that choice entails a manifestly disproportionate cost in relation to the alternative, taking into account the value of the goods or the importance of the defect. The seller is then required, unless impossible, to proceed according to the option not chosen by the buyer.”

Art. L.217-12 of the French Consumer Code:

“Any action resulting from lack of conformity is time-barred two years from delivery of the goods.”

Art. 1641 of the French Civil Code:

“The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.”

Art. 1644 of the French Civil Code:

“In the cases provided for in Articles 1641 and 1643, the buyer has the choice either to return the item and have the price refunded, or to keep the item and receive a partial refund.”

Art. 1648 paragraph 1 of the French Civil Code:

“Any action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”

It is recalled that seeking an amicable solution prior to any possible legal action does not interrupt the limitation periods applicable to statutory warranties or the duration of any contractual warranty that may exist.

ARTICLE 15 – Personal data

For further information regarding the use of personal data by the Operator, please read carefully the Privacy Charter (the “Privacy Policy”). You may consult this Charter at any time on the Site.

Article 18 – Hyperlinks

The hyperlinks available on the Site may direct to third-party websites not published by the Operator. They are provided solely for the convenience of the Customer in order to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and will then agree to use third-party sites at their own risk or, where applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator neither controls nor contributes in any way to the drafting of the terms of use and/or the content applicable to or appearing on such third-party sites.

Consequently, the Operator may not be held liable in any way whatsoever on account of such hyperlinks.

Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or accept responsibility for all or part of the terms of use and/or content of such third-party sites.

The Site may also contain promotional hyperlinks and/or advertising banners directing to third-party websites not published by the Operator.

The Operator invites the Customer to report any hyperlink present on the Site that allows access to a third-party site offering content contrary to laws and/or morality.

The Customer may not use and/or insert a hyperlink pointing to the Site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 19 – References

The Customer authorizes the Operator to mention the Customer’s name and logo as a reference in its communication materials (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 20 – General provisions

ENTIRE AGREEMENT BETWEEN THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entire rights and obligations of the Company and the Operator with respect to their subject matter. If one or more provisions of these General Terms and Conditions are declared void pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions hereof shall not be interpreted as a waiver of the right to invoke such breach in the future.

MODIFICATIONS TO THE TERMS

The Operator reserves the right to modify at any time and without prior notice the content of the Site or the services available on it, and/or to cease operating all or part of the Site temporarily or permanently.

In addition, the Operator reserves the right to modify at any time and without prior notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Site.

The Customer acknowledges that the Operator may not be held liable in any way whatsoever towards them or any third party as a result of such modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, so as to be able to refer to them at any time during performance of the contract if necessary.

COMPLAINTS

In the event of a dispute, you must first contact the company’s customer service department using the following contact details: service.client@delis-rd.fr.

APPLICABLE LAW

These General Terms and Conditions are governed by, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Customer confirms that they have read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms hereof.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which may be provided to the Customer upon request. It is therefore specified that any amendment to the General Terms and Conditions made by the Operator shall not apply to any order placed prior to such amendment, unless expressly agreed by the Customer who placed the relevant order.