Terms of Sales
General terms and conditions of sale applicable on the hygee.co website
Effective Date: 03/10/2020
1. Object
These general terms and conditions of sale apply without restriction or reservation to all online sales offered by HYGEE on the hygee.co website (hereinafter: "the Site ").
The Site is an e-commerce platform, which allows Internet users (hereinafter: "Buyers") to acquire products relating to well-being, health and beauty , including plants and food supplements, offered for sale on the Site (hereinafter: "the Products").
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the Site page.
The applicable version of the general conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to him with his order confirmation.
These general conditions of sale prevail over any other general or specific conditions not expressly approved by HYGEE.
They may be supplemented, where appropriate, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. Identity of the seller and contact
The Site is operated by the company HYGEE, SAS, registered with the Nanterre RCS under number 878 615 574, whose registered office is located at 16, rue Danton – 92130 Issy-les-Moulineaux (hereinafter: “ HYGEE "), which offers the Products for sale.
HYGEE can be contacted at the following coordinates, in particular for any complaint:
Postal address: 16 rue Danton – 92130 Issy-les-Moulineaux
Email Address: contact@hygee.co
3. Legal capacity and acceptance of the general conditions
Legal capacity
The Site is accessible:
- To any natural person with full legal capacity to commit to these general terms and conditions. A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.
- To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
Acceptance of Terms and Conditions
Any order implies acceptance of these general conditions by the Buyer. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. Registration on the Site
Any Buyer can place an order for one or more Products without first registering on the Site.
At any time or when placing an order on the Site, the Buyer has the possibility of creating an account (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Space Personal") which allows him to manage his purchases in a form and according to the technical means that HYGEE deems most appropriate.
The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading character
He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer can access his Personal Space at any time after logging in using his login ID and password.
The Buyer undertakes to personally use his Account and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using these being deemed to have been made by the Buyer. The latter must immediately contact HYGEE at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges that HYGEE has the right to take all appropriate measures in such cases.
5. Product Features
Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.
The Products are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them if necessary.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit HYGEE for what is specifically indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints.
Consequently, HYGEE cannot be held responsible in the event of errors, inaccuracies or omissions relating to the information of the Products sold on the Site.
The Buyer acknowledges and accepts that the Products sold on the Site supplement the diet. They are therefore not a substitute for common foods.
Given their characteristics, the Products sold by HYGEE may present risks in the event of misuse. It is up to the Buyer to carefully follow the instructions for use and precautions for use provided with the Products.
It is also advisable to pay the greatest attention to cumulative consumption (for example when several food supplements are consumed concomitantly) and to potential interactions with other products (medicines).
Advice from a healthcare professional is strongly recommended for:
- pregnant and breastfeeding women,
- children and adolescents,
- people undergoing medical treatment.
6. Command
Order placement
To place an order, the Buyer must select the Product of his choice and place it in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the items entered.
Order Confirmation
At the end of his order, the Buyer receives by email a confirmation thereof which
The Buyer must ensure that the contact details entered in his Account are correct and that they allow him to receive the confirmation email for his order. If it is not received, the Buyer must contact HYGEE at the contact details mentioned in article 2.
HYGEE recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when he can access it.
7. Price and terms of payment
Price
The selling prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
HYGEE reserves the right, at its sole discretion and under terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
The applicable price is the one displayed on the Site at the time of registration of the Buyer's order.
Terms of payment
The full price of the Products is payable when ordering.
Payment can be made online by credit card, through the secure online payment service indicated on the Site or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees to HYGEE that he has the necessary authorizations to use the chosen payment method.
HYGEE reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to three (3) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter AR.
Retention of title
HYGEE retains full ownership of the Products sold until full payment has been received, delivery costs included.
8. Delivery
Delivery Territory
Buyers are expressly informed that delivery can only be made in the territory indicated on the Site.
Delivery methods
Delivery of the Products ordered on the Site is made to the address indicated during the Buyer's order as the "delivery address" (which may be different from the billing address), which cannot be located only in the country referred to in Article 8.1.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
HYGEE cannot be held responsible for any delay in delivery that is not of its own doing.
The Buyer is solely responsible for recovering the Products delivered within the time necessary to preserve their conservation.It is up to him to be present to receive the delivery of the Products, the conservation of which cannot be guaranteed
Delivery times
Delivery is made within the time indicated in the order confirmation email.
In the absence of delivery within the above deadline, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having instructed HYGEE, under the same terms , to make the delivery within a reasonable additional period, it has not been executed within this period.
The contract is considered resolved upon receipt by HYGEE of the letter or writing informing it of this resolution, unless it has been executed in the meantime.
In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date on which the contract was terminated.
HYGEE reserves the right in any case to approach the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and the delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.
9. Right of withdrawal
9.1 Scope of the right of withdrawal
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of costs return which remain at his expense and which he will have to pay. When his order relates to several Products delivered separately, the above period runs from the receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send HYGEE to the contact details mentioned in Article 2 hereof, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a statement clearly expressing his desire to withdraw and including his order number.
The Products must imperatively be returned to HYGEE in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Purchaser is deemed responsible in the event of deterioration of the Products upon their return to HYGEE.
The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective receipt by HYGEE of the request for withdrawal of all the sums paid for his order, deduction made if necessary of the return costs, which remain the responsibility of the Buyer. However, HYGEE reserves the right to defer this reimbursement until the effective recovery of the Products.
9.2 Exceptions
By way of exception, when the Products covered by the order have been unsealed by the Buyer after delivery and cannot be returned for reasons of hygiene or health protection, then the Buyer does not have a right of withdrawal.
Consequently, the Purchaser expressly waives, in this case, his right of withdrawal, which cannot therefore be exercised, in accordance with Article L.221-28 5° of the Consumer Code. Also, the Buyer is informed that in accordance with article L.221-28 4° of the Consumer Code, the right of withdrawal cannot be exercised with regard to Products which are likely to deteriorate or expire rapidly The Buyer is expressly informed that the Products, by their nature, deteriorate rapidly. It therefore acknowledges that all Products must be stored under the conditions mentioned in the Product sheet and on the Product labeling. HYGEE reminds, however, that the Buyer benefits from the legal guarantees of non-conformity as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site. If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform HYGEE of this within 24 hours of receipt at the contact details mentioned in article " Identity of the seller and contact" hereof, indicating the nature of the defect, non-compliance or damage observed and sending him any useful proof, in particular in the form of photograph(s). It is specified that breakage or damage resulting from a fall other than by the carrier, a fortuitous event or force majeure, improper manipulation or non-compliance with the rules for the preservation of the Products by the Buyer. HYGEE will organize the terms of the return with the carrier of its choice, of which it will inform the Buyer by any useful means. HYGEE will bear the costs of this return. The Products must imperatively be returned to HYGEE in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. Returns of Products that do not comply with the terms described above cannot be taken into account. HYGEE will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, HYGEE will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which HYGEE informed it of the impossibility of replacing the Product. In addition, the Buyer is duly informed and accepts that no return will be possible due to the very nature of the Products. The legal texts relating to the legal guarantees are reproduced in Appendix 1 hereof. Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to the purchase of said Products. They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, no copy of which will be provided to them. Finally, it is up to Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. In addition, it is up to Buyers to take into account the conditions of use of the Products, as provided in the packaging in the form of a product sheet, as well as any contraindications associated with each ingredient of the Products. It is also the Buyer's responsibility to ensure that the food products with which the Products are mixed are suitable for consumption and in particular not expired or damaged HYGEE undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, HYGEE reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, HYGEE cannot be held responsible for temporary difficulties or impossibilities in accessing the Site resulting from circumstances external to it, force majeure, or even due to disruptions in telecommunications networks. HYGEE does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints. HYGEE cannot in any way guarantee and cannot be held responsible for the suitability for consumption of the food products with which the Products are mixed. HYGEE is committed to complying with the regulations applicable to foodstuffs and in terms of food supplement labelling. The liability of HYGEE is excluded in the event of damage, direct or indirect, affecting property or persons, suffered by the Buyer or a third party, and resulting from the following cases: The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by HYGEE within the Site are protected by any applicable intellectual property rights or database producer rights. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of HYGEE are strictly prohibited and may be subject to legal proceedings. HYGEE practices a personal data protection policy, the characteristics of which are explained in the document entitled "Charter of confidentiality", HYGEE reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which HYGEE will be the sole judge. HYGEE can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer may access through the Site. HYGEE assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use. HYGEE is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer would be directed through the Site and cannot in no case be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and any other obligations to which these third parties are bound. It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains. In the event of a breach of any of the provisions of this article or more generally, violations of laws and regulations, HYGEE reserves the right to take all appropriate measures and to initiate any legal action The Purchaser may unsubscribe from the Site at any time, by sending a request to this effect to HYGEE by email, to the contact details mentioned in article 2. The unsubscription is effective within a maximum period of 7 (seven) days from this request. It leads to the automatic deletion of the Buyer's Account. HYGEE reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order. In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision. The Buyer has the right to have free recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these presents which would oppose him to HYGEE, under the conditions provided for in articles L611-1 and following and R612-1 and following of the Consumer Code. He can contact the following consumer mediator for this purpose: Mediation-Net (MN) Postal address: 34, rue des Epinettes – 75017 Paris E-mail address: mediation.conso@mediation-net.com http://www.mediation-net-consommation.com/saisir-le-mediateur These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary. Appendix 1: Legal texts relating to guarantees Article L. 217-4 of the Consumer Code The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. Article L. 217-5 of the Consumer Code The good complies with the contract: If it is specific to the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that the latter presented to the Buyer in the form of a sample or model; – if it has the qualities that a Buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the seller and which the latter has accepted. Article L. 217-7 Consumer Code Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months.The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity Article L. 217-8 Consumer Code The Buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. Article L. 217-9 Consumer Code In the event of a lack of conformity, the Buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the Buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Buyer. Article L. 217-10 Consumer Code If the repair and replacement of the good is impossible, the Buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the Buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him, given the nature of the good and the use he is looking for. The rescission of the sale cannot however be pronounced if the lack of conformity is minor. » Article L.217-11 of the Consumer Code The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the Buyer. These same provisions do not preclude the award of damages. Article L. 217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L. 217-16 of the Consumer Code When the Buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the Buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention. Article 1641 of the Civil Code The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have paid less, if he had known them. Article 1643 of the Civil Code He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any warranty. Article 1644 of the Civil Code In the case of articles 1641 and 1643, the Buyer has the choice to return the item and have the price refunded, or to keep the item and have part of the price refunded. Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. Annex 2 – Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract.) Attn: HYGEE I hereby notify you of my withdrawal from the contract relating to the sale of the property below: Order number: Ordered on (*) / received on (*) Name of buyer(s): Address of buyer(s): Signature of buyer(s): (only if this form is notified on paper) Date: (*) Cross out what does not apply.10. Legal guarantees
11. Obligations of Buyers
12. Responsibility of HYGEE
13. Intellectual property
14. Personal data
15. Advertising
16. Links and Third Party Sites
17. Prohibited behavior
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into HYGEE's systems, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the rights and financial interests , commercial or moral of HYGEE or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or of the laws and regulations in force.
18. Unsubscribe
19. Changes
20. Language
21. Mediation
22. Applicable law and jurisdiction
Address: 16 rue Danton
Telephone: 06 24 62 68 52
Email: contact@hygeeco