GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
These general terms and conditions of sale (hereinafter referred to as the "GTC") apply, without restriction or reservation, to sales made concerning food supplement and cosmetic products (hereinafter referred to as the "Products") of the DE AUREA brand.
These General Terms and Conditions of Sale govern all sales of Products between DE AUREA (hereinafter the "Seller") and the individual consumer wishing to purchase Products (hereinafter the "Customer"). The Seller and the Customer are referred to as the "Parties." The Customer declares that they have full legal capacity. It is specified that the Products are intended for the Customer's personal use, unrelated to their professional activity.
Consequently, any order for Products which will be made on the DE AUREA website (hereinafter the "Website"), remotely by the use of an order form, remotely by an order recorded by telephone operators will be governed exclusively by these General Terms and Conditions, which will prevail over any other conditions appearing in any other document unless otherwise agreed in advance, expressly and in writing by the Seller.
The Seller reserves the right to modify these Terms and Conditions at any time. The Terms and Conditions applicable to any order are those accepted by the Customer at the time of order confirmation.
By placing an order, the Customer accepts these terms and conditions. The Seller therefore invites the Customer to carefully read the clauses contained in these General Terms and Conditions of Sale. Consequently, no conflicting clause can be invoked against the Seller unless the Seller has expressly accepted it.
In case of discrepancies in the information presented on the different communication media or in case of different versions, the information contained on the DE AUREA website shall prevail.
CONCLUSION OF THE SALE
The sale is considered final upon receipt of the order form and the corresponding payment from the Customer. Order registration constitutes acceptance of these Terms and Conditions in their entirety. Once validated, the order cannot be modified. No order will be validated without receipt of payment. In the event that a product is unavailable after a paper order has been received, the Seller will contact the Customer.
The information provided by the Customer when placing the order is binding upon them: in the event of an error in this information, particularly the recipient's email address and contact details, the Seller cannot be held responsible for the inability to deliver the Product or acknowledge receipt of the order. Any delivery made to the address indicated by the Customer will be considered complete.
In the event of a reshipment due to a lack of information and/or error on the part of the Client, the costs incurred by this reshipment will be charged to the Client.
Notwithstanding the foregoing, the Seller reserves the right to cancel any order from a Customer with whom there is a prior payment dispute or for any other legitimate reason, including, but not limited to, the unusual nature of the order. Any order that is fraudulent or suspected of being fraudulent by the Seller will be deemed null and void.
PRODUCTS
The Products offered for sale on the Site are:
- food supplements intended to be used in addition to a normal diet which can in no way replace a varied and balanced diet;
The main characteristics of the Products, including, where applicable, specifications, illustrations, dimensions, capacity, and specific compositions, are those presented on the Website. The Customer is required to review this information carefully before placing any order. In particular, the Customer is required to be aware of any potential allergens present in certain Products.
The choice and purchase of a Product is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to understand its properties, essential characteristics, and delivery times.
Product offers from the Seller are subject to availability, as indicated when the order is placed. Photographs illustrating the Products are not contractual.
The Seller reserves the right to modify at any time the list and ranges of Products available for sale on the Website, in catalogues or any other communication medium.
PRICE
Product prices are expressed in Euros and include all taxes (VAT); the applicable VAT rate is that in effect on the date of the order. Delivery charges are included in the price shown, except for deliveries outside Metropolitan France, which will be subject to additional charges based on the destination.
The Seller expressly reserves the right to update its prices at any time. Only orders valid on the date of the modification will not be subject to the price change. Therefore, any order placed on an expired order form will be subject to the price modification.
Prices are inclusive of all taxes, ex-works from our premises located in Ostwald, France, standard packaging included.
PAYMENT TERMS
Only the receipt of payment without reservation will constitute final validation of the order and trigger the shipment of the order within the scheduled delivery time.
Payment can be made:
- by bank card on the Seller's 100% secure online payment platform ( The following cards are accepted: Mastercard, Visa and AMEX)
- via PAYPAL by entering your account details.
- in installments depending on the
conditions in force on the day of the order with any payment provider determined by DE AUREA and offered to the Client (subject to validation of the file by the payment provider).
PROPERTY
The Seller retains full ownership of the Products sold until full payment of the total price, including principal, fees and taxes, has been received.
For hygiene reasons, please note that once opened, no Product can be returned or exchanged.
DELIVERY
Delivery takes place by handing over the products to a carrier chosen by DE AUREA for France and abroad.
DE AUREA offers delivery of Products within Metropolitan France. Exceptionally, some European countries may be eligible for delivery of certain Products.
The products are delivered on the date or within the period indicated, unless the parties have agreed otherwise.
If no deadline or date has been set by the parties, the products will be delivered no later than 30 days after the conclusion of the contract. In the event of a delay in delivery, the parties will agree on a reasonable additional period. If delivery is not made by the expiry of this new period, the Customer may freely terminate the contract. The contract will be considered terminated upon receipt by the Seller of the registered letter informing them of this termination.
Except in the event of performance occurring in the interim. When the contract is terminated, the Seller will reimburse the Customer no later than 14 days following the termination of the contract. Under no circumstances may the Customer claim damages from the Seller. The Customer acknowledges that the Seller is not liable for any failure on the part of the carrier.
PERSONAL DATA
The Seller collects personal data concerning its Customers, including through cookies on the Website. All data collected by DE AUREA, its purposes, as well as the cookies and their purposes, are detailed in our Privacy and Personal Data Protection Policy, available on the Website or upon request.
ATTENTION
You have the option to register for free on a telephone marketing opt-out list BLOCTEL (www.bloctel.gouv.fr) so that you no longer receive telephone marketing calls from professionals in accordance with Law No. 2014 344 of March 17, 2014 relating to consumer affairs.
TRANSPORTATION
Packaging is provided by the Seller, at the Buyer's expense and on their behalf. Regardless of the mode of transport, the products travel at the recipient's risk. In accordance with the Consumer Code, once we are responsible for shipping, the risk of loss or damage to the product will only be transferred to the consumer upon physical possession, regardless of the mode of transport and delivery conditions, even if the prices are quoted carriage paid. The risk will be transferred to the recipient upon delivery of the goods to the carrier, provided the carrier has been arranged by the recipient and we have not offered a choice of carrier.
WITHDRAWAL
In accordance with the applicable legal provisions, the Customer has a period of fourteen (14) clear days from the receipt of his order to inform DE AUREA of his intention to exercise his right of withdrawal subject to the provisions below by any means expressing his intention, without ambiguity, to withdraw.
He will then have a period of fourteen (14) calendar days to return the Products to the Seller for reimbursement, without having to justify any reason and without penalty except for shipping costs, provided that the Products are returned in their original packaging, in perfect condition, complete (packaging, accessories, instructions, etc.), unopened and accompanied by the invoice or a copy of the corresponding invoice.
Any returned Products that are found to be incomplete, damaged, broken, opened or soiled will not be accepted by the Seller.
If the returned Products are deemed compliant, a full refund of all sums paid, including shipping costs, will be issued.
delivery, if applicable, with the exception of the charge of shipping costs, will take place at the latest within fourteen (14) calendar days from the date on which the Customer indicated his or her intention to withdraw.
The refund will nevertheless be deferred until the Products have been effectively recovered, as provided for in Article L.221-24 of the Consumer Code.
The Customer will be refunded to the same payment method that was used by the Customer when placing the order (refund to the payment method used when placing the order).
If this period normally expires on a Saturday, Sunday, or public holiday, it is extended to the next working day (Art. L121-16 - Consumer Code). This right must be exercised using a withdrawal form or any other unambiguous statement expressing this intention.
If the amount of the Customer's original order allowed them to obtain a benefit, the refund for returned Products is made up to the limit of the sums actually paid by the Customer.
In this article, delivery costs are understood as the costs for sending the product and shipping costs are understood as the costs of returning the package, which remain the responsibility of the Customer in the event of withdrawal.
The Customer will only bear the direct costs of returning the Products to the Seller.
GUARANTEE
The Seller assumes, with respect to the Customer, the responsibility relating to the Products it sells, in accordance with the regulations in force.
The Seller undertakes to comply with its obligations relating to the warranties attached to the Products sold on the Site.
In the event of non-conformity of the Products delivered, the Customer, in accordance with the provisions of Articles L. 217-8 et seq. of the Consumer Code, may request either the replacement of the non-conforming Product or the refund of the non-conforming Product.
The foregoing provisions do not exclude the application of the legal guarantee against hidden defects under Articles 1641 et seq. of the Civil Code, in accordance with the provisions of Article L. 217-4 of the Consumer Code.
The Seller shall not be held liable for the non-execution of the order in the event of stock shortage or unavailability of Products due to a case of force majeure as defined by the civil code and case law.
Furthermore, the Seller shall not be held liable, particularly in cases where the Products have not been properly selected or used by the Customer. Similarly, the Seller's liability under these Terms and Conditions shall not be engaged in the event of damage resulting from the use of the Internet, including but not limited to viruses, intrusions, data loss, or Internet service interruptions.
CLAIMS
Upon receipt of the order, the Customer (or the recipient of the order if different from the Customer) is required to check the condition of the package and the conformity of the Products to the order (reference/description of the Products, quantity).
All claims or reservations must contain all relevant supporting documents for non-conformity of delivery (photographs, proof of filing reservations with the carrier).
Claims must be made by registered letter with acknowledgment of receipt.
Claims must be submitted to the Seller as soon as possible after delivery of the Products. The Seller reserves the right to request from the customer any information and supporting documents necessary to process their claim, including photographs of the Products in question.
The Seller will reimburse or replace, as soon as possible and at its own expense, the Products delivered whose non-conformity or apparent defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-3 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
After the legal deadline and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects and no claim will be validly accepted by the Seller.
MEDIATION
For any claim, warranty claim, or other request, the Seller's Customer Service is available to the Customer, who may:
- send an email to contact@deaurea.fr
- use the contact form available on the website
The Client is informed of their option to contact a mediator to resolve the dispute.
The Customer must contact Customer Service before initiating a mediation procedure.
The mediator can only be contacted if the following conditions are met: the dispute must necessarily be related to the sale of a product purchased remotely, between a consumer and DE AUREA.
The Customer must have attempted to resolve the dispute with DE AUREA's Customer Service. If the dispute cannot be resolved, the Customer is advised of their option to contact a mediator.
No other mediator or court should have been involved in resolving the dispute beforehand. If the conditions are met, the Customer may then request mediation from the mediation center nearest to the Seller's registered office. If an amicable solution cannot be reached, only the court of the Seller's registered office will have jurisdiction, even in the case of third-party claims or multiple defendants.
INFORMATION
The information collected is processed electronically for the purpose of managing your order and sending you documentation and offers. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access and rectify information concerning them.
If you wish to exercise this right and obtain access to information concerning you, please contact us by email at contact@deaurea.fr