Article 1 - Completeness
1.1 These general conditions have been published by LABORATOIRES PHYT'S, Limited Liability Company with a capital of 1451 euros located in CAILLAC (000), La Bouygue and registered with the RCS of CAHORS under number 46140 493 447 494
1.2 The said general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
1.3 The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
1.4 If a condition of sale were to be lacking, it would be considered as being governed by the practices in force in the distance selling sector, the companies of which are headquartered in France.
Article 2 - Object
2.1 The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and materials offered by the seller to the buyer.
2.2 These conditions only concern purchases made via the website www.phyts.com by buyers located in France and delivered exclusively on French territory.
Article 3 - The order
3.1 The products offered on the site www.phyts.com are reserved for adults (or minors holding an authorization from their legal representative allowing them to place an order on the site) and having full legal capacity to place orders. on the site. In this sense, the seller reserves the right to ask the buyer for proof of identity attesting to his age and / or the authorization of the legal representative.
3.2 The buyer places his order online, from the online catalog and using the form on the site.
3.3 The validation of the order by the customer implies acceptance without restriction or reservation of these general conditions of sale.
3.4 When validating the order, the buyer undertakes to use the products only in a personal context, without any direct connection with his professional activity.
Otherwise, the seller reserves the right not to respond to an order and / or to exclude the buyer from its database of customers / prospects.
3.5 To do this, the buyer must specify when ordering the specific needs that these products will be required to meet.
3.6 For the order to be validated, the buyer must also choose the address and the delivery method.
3.7 Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
3.8 In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
3.9 In case of unavailability of an ordered product, the buyer will be informed by email.
3.10 The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.
3.11 For any question relating to the follow-up of an order, the buyer can contact the publisher at the following address: [email protected]
Article 4 - Electronic signature
4.1 The online supply of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
- payment of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
4.2 In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact 05.65.20.00.45
Article 5 - Order confirmation
The contractual information will be confirmed by e-mail as soon as possible. In addition, a printable and recordable summary of the order will be displayed during validation and payment, mentioning in particular the references thereof.
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 7 - Product information
7.1 The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
7.2 The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. Likewise, the buyer is informed that these descriptions are subject to change.
7.3 The photographs of the products are not contractual.
Article 8 - Price
8.1 The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
8.2 Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
8.3 If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
Article 9 - Method of payment
9.1 It is an order with obligation of payment, which means that the placing of the order implies a payment by the buyer.
9.2 Payment for the order is made by credit card (Visa, Amex, Mastercard) on the partner's secure banking servers (La Banque Populaire). The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has implemented an order verification procedure to ensure that no one is using another person's bank details without their knowledge.
Banque Populaire, via its secure servers, also ensures the implementation of protection and control devices for physical and logical access to this data.
The buyer must use the "3D secure" secure payment procedure to receive secure remote internet payments. Acceptance of secure payment is conditioned by a card holder authentication system and an authorization request from the card issuing bank.
9.3 As part of this verification, the buyer may be asked to send the seller by fax a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
9.4 The seller may not receive any payment or any consideration, in any form whatsoever, from the buyer before the expiration of a period of 7 days from the conclusion of the contract.
Article 10 - Availability of products - Refund of products
10.1 Except in cases of force majeure or during the closing periods clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
10.2 For delivery in mainland France, the deadline is 3 to 5 working days from the day following receipt of the order in mainland France.
10.3 In the event of non-compliance with the maximum delivery period of 30 days, the buyer may terminate the contract, by registered letter with acknowledgment of receipt, after having ordered the seller to make the delivery or provide the service within an additional period. reasonable. However, if he wishes, the buyer can immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
10.4 In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
Article 11 - Terms of delivery
11.1 Delivery is only made after confirmation of payment by the banking organization.
11.2 The products ordered are delivered but only in mainland France. The applicable delivery charges are as follows:
|Carrier||Delivery method||Price per Order|
|Colissimo||Home delivery without signature||6.50 €|
|Delivery to a pick-up point at the Post Office||6.00 €|
|Relay point delivery||6.00 €|
For any order over 60 euros including tax, delivery costs are free.
Attention: In the event of any reductions or promotional discounts on products, the final amount of the order must be greater than 60 euros to benefit from free delivery, if the amount, less discounts, is less than 60 euros, shipping costs will be applied.
11.3 The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
11.4 If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected from the place and during the period indicated.
11.5 If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
11.6 The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.). ,
11.7 This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
11.8 The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions. legal rights of the site.
11.9 If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any complaint made after this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, copy of the purchase invoice, etc.). The return must be made to the following address:
GRANDS CAMPS ZAC - Customer service - 46090 MERCUES
Article 12 - Delivery errors
12.1 The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint formulated after this deadline will be rejected.
12.2 The claim may be made, at the buyer's choice:
- Telephone number: 05.65.20.00.45
- Email address : firstname.lastname@example.org
- Downloadable withdrawal form HERE to send in recorded delivery
12.3 Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
12.4 Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
12.5 In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address:
ZAC DES GRANDS CAMPS - Customer service - 46090 MERCUES
12.6 Return costs are the responsibility of the seller.
Article 13 - Product warranty
13.1 The seller guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 211-4 et seq. Of the Consumer Code or the warranty against defects. of the thing sold within the meaning of articles 1641 and following of the civil code.
13.2 In the event of implementation of the legal guarantee of conformity, it is recalled that:
- The buyer has a period of 2 years from the delivery of the goods to act;
- The buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
- The buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
13.3 In addition, it is recalled that:
- The legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- The buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
13.4 The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
13.5 The foregoing provisions do not exclude the application of the legal guarantee of conformity of article L. 211-4 of the consumer code and of the guarantee of defects of the goods sold of articles 1641 and following of the civil code. .
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of law n ° 98-389 of May 19, 1998 relating to liability for defective products.
It is specified that the legal guarantee of conformity is limited to the specific needs of the customer, in accordance with those which will have been expressly formulated when ordering or, at the latest, when signing the order form.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the customer has the right to use the mediation service offered by Laboratoires PHYT'S free of charge. The “consumer law” mediator thus proposed is MEDICYS.
This mediation system can be reached by:
- electronically:www.medicys.fr ;
- or by post: MEDICYS - Center for mediation and amicable settlement of judicial officers - 73, Boulevard de Clichy, 75009 - Paris »
Article 14 - Right of withdrawal
14.1 In accordance with the provisions of the Consumer Code, the buyer has 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty. , with the exception of return costs which remain the responsibility of the buyer
14.2 Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
14.3 This right of withdrawal is excluded for:
- service contracts whose execution has started, with the buyer's agreement, before the end of the withdrawal period;
- contracts for goods or services, the price of which depends on financial market rates;
- contracts for goods made at the buyer's request or clearly personalized;
- contracts for goods which, by their nature, cannot be reshipped or may deteriorate or expire rapidly;
- video cassettes, CDs, DVDs if they have been opened by the buyer;
- the press (newspapers, periodicals or magazines).
Article 15 - Return procedure - Refund
For any Product he wishes to return, the Buyer must contact the telephone platform set up by the Seller, accessible at the following number: 05.65.20.00.45
Any Product return must necessarily be the subject of a prior and express agreement between the Seller and the Buyer. Any Product returned without this agreement will be held at the disposal of the Purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are the responsibility of the Seller. No return will be accepted after a period of fourteen days following the delivery date.
Any return accepted by the Seller will result in the constitution of a credit note for the benefit of the Buyer, after qualitative and quantitative verification of the returned Products. The amount of this credit may be reduced by an allowance at the discretion of the Seller to take into account the circumstances that generated it.
In the event of an apparent defect or non-conformity of the Products delivered, duly notified by registered letter + return receipt within eight days of delivery and noted by the Seller, the Buyer may obtain the free replacement or reimbursement of the Products, at the choice of the Seller, excluding any compensation or damages.
ARTICLE 16 – FORCE MAJEURE
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the fulfillment of its obligation. by the debtor. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1.
Article 17 - Partial non-validation
If one or more stipulations of these general conditions 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 their scope.
Article 18 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 19 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 20 - Data processing and Freedoms
In application of the 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the customer are necessary for the treatment of his order and the establishment of the invoices.
These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Phyts-boutique.com website has been declared to the CNIL.
The customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the Phyts-boutique.com website.
Article 21 - Responsibilities
The seller declines all responsibility in the event of any interruption or malfunction of the website.
It cannot be held responsible in the event of non-shipment of orders due to out of stock, temporary unavailability of the product, strike by carriers or computer problems both on the e-commerce site and on that of the various banking organizations.
In addition, the essential characteristics of the products being indicated in the description appearing on the website, the seller cannot be held responsible for the various consequences that the purchase and use of these products could cause: allergies, intolerances or others.
Article 22 - Applicable Law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or execution of the Contract.
The purchaser may initiate proceedings before the court of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery.
Article 23 - Pre-contractual information
The buyer acknowledges having communicated, prior to placing his order and concluding the contract, in a readable and understandable manner, these general conditions of sale and all the information listed in article L. 221- 5 of the Consumer Code.
According to article 62 of the anti-waste law for the circular economy (AGEC law) adopted on February 10, 2020, the company Phyt's is subject to the principles of Extended Producer Responsibility (REP). In this context, its unique identifier is FR211815_01HXOD
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The chosen mediation entity is: SAS CNPM – MEDIATION – CONSUMPTION. In the event of a dispute, the consumer may file his complaint on the site:
or by post by writing to
CNPM – MEDIATION – CONSUMPTION
27, avenue de la Liberation - 42400 SAINT-CHAMOND