Terms of sale

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.

 

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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