General Conditions of Sale
Article 1: Scope of Application
These general conditions apply to all sales concluded through the website www.herba-vitale.com for items sold and shipped by Herba Vitale, independent distributor of B-Epic brand products. The products and prices offered are intended for sale in the following geographical territory: Metropolitan France.
For each order outside mainland France or Monaco, Herba Vitale will confirm by email or telephone the details of the order, price, method of transport and delivery times.
www.herba-vitale.com is a registered domain name.
Article 2: Order
You can place your orders online at www.herba-vitale.com at any time.
To validate your secure online order, information relating to orders is subject to automated data processing, the controller of which is Stripe. The purpose of this secure and automated processing is to define a level of analysis of a transaction and to combat bank card fraud. In addition, proof of address and identity may be required.
The customer acknowledges having full legal capacity, allowing him to commit to these general conditions. Via www.herba-vitale.com, www.herba-vitale.com offers you product sheets and descriptions in order to learn about the products marketed and their characteristics. The product sheets and descriptions on the site www.herba-vitale.com allow the customer to define the products corresponding to him. If a pathology or a particular medication is to be taken into account, please consult your doctor before consuming the products. The customer is then the only person able to verify the compatibility of the products purchased.
Article 3: Product characteristics - Availability
The characteristics of the products offered for sale are presented below each product. The photographs do not enter into the contractual field. The responsibility of www.herba-vitale.com cannot be engaged if errors have been introduced. All texts and images presented on the site of www.herba-vitale.com are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. It is also prohibited to set up hypertext links to the site without the express authorization of the company.
All products sold comply with the standards in force in France.
Our offers and their prices are valid as long as they are visible on the site. Their availability is immediate unless otherwise stated at the time of consultation of the site by the customer. www.herba-vitale.com remains dependent on the stock status of its supplier. The unavailability of a product will be confirmed by email or telephone by avenue-minceur after validation of the order. In accordance with the provisions of article L121.20.3 of the Consumer Code, www.herba-vitale.com will provide the product corresponding to the customer's order. Otherwise, the customer will be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid, according to the terms provided for in article 9.
Article 4: Price
The sales prices of the products online on the website www.herba-vitale.com, indicated in net Euros, are the prices in effect at the time the order form is registered by the customer. Invoices are payable upon ordering. The prices indicated are based on cash payment, no form of discount for early payment is authorized. Delivery costs are free. Prices include the value added tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the products offered on the website www.herba-vitale.com. No method of collection of the sums due cancels the payment clause. Payments are made net of any reduction, withholding and without discount. Any delay in payment results, in addition to the invoicing of the legal interest, in the enforceability as a penalty clause provided for by article 1152 of the civil code, and without prior formal notice, of an amount equal to 10% of the sums due.
Apart from the prices indicated, no additional costs will be claimed.
Article 5: Shipping costs
Shipping costs are FREE at www.herba-vitale.com with no minimum order.
Article 6: Delivery and receipt
Your order is delivered to you from Monday to Saturday (depending on the geographical area for Saturday), by a carrier or by La Poste services. All our delivery solutions allow you to track your package online upon request by email to contact@herba-vitale.com. In the event of absence or inability to deliver your package, the delivery person of your products can leave your package in your mailbox, the online tracking will be proof of the correct delivery of the package. The products are delivered to the address you indicate on the order form.
Order delivery deadline: when placing the order followed by the order acknowledgement, allow 72 hours for delivery (working days, mainland France). It is calculated by adding the longest product availability time to the delivery time of the selected transport method. This is indeed a deadline, which means that it is possible that you will receive your order before this date. A delay in delivery does not justify in any case the cancellation of the order or the request for compensation.
You are invited to check, in the presence of the delivery person, the condition of the package, its contents and the condition of the products delivered, and if necessary, either make reservations in writing to the delivery person or refuse delivery. If you notice the slightest anomaly, you must report it to the customer service www.herba-vitale.com by email to contact@herba-vitale.com.
Article 7: Payment of the price
The collection of the full amount of the order will be carried out by Herba Vitale at the time of validation of the order. To pay for your order, you have several payment methods:
- PAYPAL: Payment for purchases is made by credit card via Paypal.
The bank cards accepted are: Visa, MasterCard, Carte Bleue Nationale, Amex, Carte 4 étoiles, Aurore and Cofinoga or by using your PayPal account.
- BANK CARD: Herba Vitale provides you with the secure online payment service STRIPE. By secure payment SPPLUS (Visa card, Eurocard Mastercard, Aurore Cetelem, 4 étoiles Cofidis, Cofinoga card). The possibilities of payment in several installments, consumer credit or revolving offered by the Aurore Cetelem, 4 étoiles Cofidis, or Cofinoga cards are directly granted by the organizations distributing these means of payment. Our service does not offer the obtaining of these cards or the creation of a credit file.
Herba Vitale never has access to confidential information relating to the means of payment. They will be requested from the customer for each of their orders.
Article 8: Right of withdrawal
In accordance with the law, when ordering online, you benefit from a right of return: whatever the reason, you can return an item to us within 7 days of receiving your package.
In addition to the right of withdrawal provided for in Article L121-25 of the Consumer Code, Herba Vitale offers a product exchange or a full refund within 30 days of the date of receipt of your products. Simply return your products to Herba Vitale by registered mail with acknowledgment of receipt within 30 days of receiving your Herbalife nutritional products. Returned items must be in their original packaging. Returned items may be opened but must not have been consumed more than 25%. Herba Vitale takes all care, particularly in packaging, to ensure that your package is transported without damage. We ask that you take all the packaging precautions required to protect the returned product when returning it. If a product is not returned or if the barcode of a product is damaged, we will not be able to refund the product in question. A refund request will be sent to you by Herba Vitale customer service. The return of this document to our premises will be necessary for us to proceed with the reimbursement of your products. If all or part of this return process is missing from the complete constitution of the reimbursement file, the returned products cannot be reimbursed or exchanged. In order to facilitate the processing of your returned package, we invite you to indicate your wish to "withdraw" by email to contact@herba-vitale.com. A confirmation of your request for withdrawal accompanied by the return terms will then be sent to you by email or post. This procedure allows Herba Vitale to better identify the returned product until the reimbursement of the corresponding sums. The return costs are the responsibility of the customer.
Article 9: Reimbursement terms
Exercising the right of withdrawal will result in a refund to the bank card used to order. This refund will be made no later than 30 days following the date on which the right of withdrawal was exercised, subject to receipt by Herba Vitale of the returned product. If the customer so wishes, the refund payable by Herba Vitale may be made in the form of a credit note valid for any subsequent purchase on the website www.herba-vitale.com. In the event of partial use of this credit note, the remainder will remain available to the customer under the same conditions as the original credit note. By the very fact of using this credit note, the customer undertakes on his honor not to lodge any dispute or opposition with his bank or other party, to the transaction concerned by the refund.
Article 10: Transfer of ownership - transfer of risks
The transfer of ownership of the products to the customer will only be made after full payment of the price by the latter, regardless of the delivery date of said products. On the other hand, the transfer of the risks of loss and deterioration of the products will be made upon delivery and receipt of said products by the customer. The goods shipped by Herba Vitale remain the exclusive property of Herba Vitale until full payment of the price, even if the goods have begun to be used by the customer.
Article 11: Warranty
11.1 Satisfaction Guarantee
All B-Epic products have a 30-day money-back guarantee: If, within 30 days of receiving your order, you are not completely satisfied, we promise to refund you.
The return of all products remains the responsibility of the buyer and must be sent by registered mail with acknowledgment of receipt.
11.2 Legal guarantee of conformity
The items supplied by Herba Vitale are new and guaranteed against any defect at the time of delivery. The agreement on the offer is made on the basis of the product description sheet. In the event of a contradiction between the photo that may accompany this sheet and the product description, the latter description has a higher value in determining the content of the offer proposal by Herba Vitale. If an item happens to be defective or non-compliant, we undertake to replace it or refund it. Upon delivery, we invite you to check the contents of the package and the conformity of the products purchased. In the event of a problem, we invite you to contact customer service in order to send you the procedures to follow within a maximum of 3 days after receipt of the package by email to contact@herba-vitale.com. In order to be able to provide a rapid solution to your request, you are requested to return the product(s) concerned within thirty working days from delivery of the products. No cash on delivery shipments will be accepted, whatever the reason.
11.3. Warranty exclusion cases
User damage and/or abnormal and non-compliant use of the products, damages specifically mentioned in the product sheets cannot be covered by the guarantees presented above. The granting of the guarantee assumes that the products will be used under the conditions of the offer or normal conditions of use. The guarantee ends if the said instructions for use are not respected.
Article 12: Liability
Herba Vitale cannot be held liable in the event of force majeure (strike, flood, fire, operating accidents, war, major public disturbances, supply disruptions by carriers, etc.) for the failure to meet our delivery obligations within the agreed deadlines. Herba Vitale cannot be held liable for any indirect damage that may arise from the purchase of products. Herba Vitale is not responsible for the content of sites to which hyperlinks may refer from its own site.
Article 13: List of open countries
Herba Vitale has the possibility to supply B-Epic brand products only to the following countries: South Africa, Germany, Andorra, Anguilla, Antarctica, Antigua and Barbuda, Armenia, Australia, Austria, Azerbaijan, Bahamas, Belgium, Bermuda, Bolivia, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Cyprus, Colombia, South Korea, Costa Rica, Croatia, Denmark, Egypt, Ecuador, El Salvador, Estonia, United States, Finland, Georgia, Greece, Greenland, Guadeloupe, Guatemala, Guyana, French Guiana, Hungary, Faroe Islands, Ireland, Iceland, Israel, Italy, Japan, Kazakhstan, Kyrgyzstan, Reunion, Latvia, Lithuania, Luxembourg, Macedonia, Malaysia, Martinique, Mayotte, Mexico, Moldova, Montserrat, Nigeria, Norway, New Caledonia, New Zealand, Panama, Netherlands, Peru, Philippines, Poland, Polynesia French, Portugal, Dominican Republic, Czech Republic, Romania, United Kingdom, Russia, Saint Kitts and Nevis, Slovakia, Slovenia, Sweden, Switzerland, Tajikistan, Taiwan, Turkmenistan, Turkey, Ukraine.
Each country has its own specificities, products and their components may vary depending on the country. Prices may also vary depending on the country. Herba Vitale may ask you and guide you to order directly on its order site for the country concerned.
Article 14: Data protection
The information requested from you is, for some indicated as such, necessary to process and execute your requests, and for others, useful to know you and improve the services that can be offered to you on the site www.herba-vitale.com. The processing of your personal data is done in compliance with the law relating to Information Technology, Files and Liberties of January 6, 1978. You have at any time, a right of access and rectification or opposition to the personal data concerning you. You simply need to contact us (by indicating your name, first name, postal address and email) by email on www.herba-vitale.com. Failure to transmit data relating to orders may prevent the completion and analysis of transactions. The occurrence of an unpaid amount due to fraudulent use of a bank card will result in the registration of the contact details relating to the order associated with this unpaid amount in a payment incident file implemented by Herba Vitale. An irregular declaration or an anomaly may also be subject to specific processing.
Article 15: Applicable law
All clauses appearing in these general conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law.
Article 16: Customer acceptance
These conditions of sale as well as the prices are expressly agreed and accepted by the customer, when placing and validating his order.
Article 17: Scope of application
When placing and validating the order by the customer, these general terms and conditions of sale apply automatically to any order recorded by Herba Vitale. Unless otherwise stipulated in writing, any order implies the customer's acceptance of these general terms and conditions. Any condition of the buyer that deviates from these conditions or any of them will be null and void unless otherwise stipulated in writing.
Article 18: Commitments
Our coaches, representatives and staff members are not qualified to bind the Herba Vitale company. Contracts are definitively binding on us only when they are signed by a person with the corporate signature. The client, on the other hand, is committed as soon as he has signed or contracted with our intermediaries, representatives or staff members.
Article 19: Failure to perform the buyer’s obligations
In the event of non-performance by the buyer of one of its obligations, Herba Vitale, in addition to applying the sanctions referred to in art. 4 of the general conditions, will either pursue the forced execution of the contract or note by registered letter, the express and immediate termination of the contract at the customer's expense and without prejudice to claiming damages.
Article 20: Nullity of a clause
If any provision of these Terms is void or unenforceable, all other provisions will continue to be enforceable.
Article 21: Jurisdictional competence
In the event of a dispute, the buyer will first contact the seller in order to agree on an amicable solution. The fact that the seller does not assert a breach of any of the buyer's obligations, governed by these general terms and conditions of sale, cannot be interpreted as a waiver for the future of the obligation in question, nor of the buyer's right to subsequently assert this breach.
If an amicable solution is not found, only a commercial court will be competent to find a solution.
Article 22: Personal information
In the absence of express opposition on his part, the buyer gives his consent to the use of the personal data collected under the terms of his order, as part of the seller's customer file, provided that a contractual link unites the seller with these third parties.
Similarly, the only way to correct an order error is to contact us at www.herba-vitale.com. You also have the option to request a copy of your invoice by email.
Article 23: Complaints
Any claims or reservations for losses, damage or shortages noted upon delivery must be made by the buyer to the carrier within the time limits and in the forms set by the applicable rules in this area. The absence of reservations upon receipt of the goods extinguishes any claim relating to apparent defects or damage. Any dispute or claim concerning the quality of our products must be sent to us by registered letter with acknowledgement of receipt within thirty days. After this period, no claim will be admissible.
The Management of Herba Vitale on behalf of www.herba-vitale.com
