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GENERAL TERMS AND CONDITIONS OF SALE

The products made available on this website are for personal use only. In the event of an order for products intended for resale, PHYTOSERENITY reserves the right to refuse the order. We will soon open a "Distributors" section on this website.

Orders are prepared by our teams in collaboration with our fulfillment center in Europe. Each product is delivered with a clear plastic seal around the cap. It is a security device that ensures the inviolability of the vial or bottle. We reserve the right to offer you PHYTOSERENITY goodies.

If the seal is not present on the bottle, you should not accept your package. Your order will then be returned, a request for compensation from us to the carrier. The refund will then be made upon receipt of the package.

 

1 Subject matter of the General Terms and Conditions of Sale

1.1 What do these General Terms and Conditions apply to?

 

These Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between, on the one hand, PhytoSerenity, a simplified joint-stock company registered with the Lyon Trade and Companies Register under number 884 514 688, with registered office at 335 rue Ferdinand Perrier, 69330 Saint-Priest, whose intra-Community VAT identification number is FR48884514688, whose trade name is PhytoSerenity (hereinafter referred to as "PhytoSerenity") and, on the other hand, any non-commercial buyer (hereinafter referred to as "Customer" or "Customers") who wishes to purchase the products offered for sale by PhytoSerenity (hereinafter referred to as "Products") via the Website (hereinafter referred to as the "Website"). In particular, they set out the conditions for ordering, payment, delivery and management of returns of Products ordered by Customers.

 

1.2 What products do we offer?

The products offered for sale on the website are food supplements, plant extracts, probiotics, cosmetics and skin care products. The main characteristics of the products, including specifications, illustrations and information on the dimensions or capacity of the products, are presented on the website. The customer is obliged to read these before placing an order. The selection and purchase of a product is the sole responsibility of the customer. The color and graphic elements of the bottles are subject to change. These changes do not in any way alter the formulation of our products, but may occur for reasons of brand image or stock (e.g. if a particular type of bottle is out of stock).

The customer is obliged to refer to the description of each product in order to know its essential characteristics and features.

 

1.3 What are the contact details?


The contact details of PHYTOSERENITY are as follows:

PHYTOSERENITY
335 rue ferdinand perrier
69330 Saint-Priest
France

Tel. : 01 84 80 60 29
E-Mail : [email protected]

1.4 What happens if you accept these GTC?

 

Confirmation of the order by the customer constitutes unqualified or unconditional acceptance by the customer of these terms and conditions of sale. The Customer acknowledges that he/she has the necessary capacity to contract and purchase the Products offered on the Website. These Terms and Conditions of Sale shall prevail over any other general or specific terms and conditions not expressly approved by PhytoSerenity. These General Terms and Conditions are available at all times on the Website. The Customer declares that he/she has read and accepted these General Terms and Conditions by ticking the box provided for this purpose and the General Terms and Conditions of Use of the Website before completing the online ordering process.

 

1.5 Can these GTC be amended and if so, under what conditions?

 

PhytoSerenity reserves the right to change its terms and conditions of sale at any time. In this case, the conditions in force at the time of the order by the customer shall apply. In the absence of proof to the contrary, the data stored in PhytoSerenity's computer system shall serve as proof of all transactions concluded with the customer. The General Terms and Conditions shall apply for the period necessary for the delivery of the Products. In accordance with the Data Protection Act of January 6, 1978 and the GDPR Regulation, the Customer has the right to access, rectify and oppose all his personal data at any time by writing, by post and presenting proof of identity to the address indicated above.

 

2. orders

2.1 How do I place an order with PHYTOSERENITY?

 

The Customer may place an order online on the Website. The Customer who wishes to place an order on the Website must place an order in the following manner:- create a "Customer Account" in which he/she provides all the requested contact details.- create an online shopping cart by selecting all the selected products.- accept these General Terms and Conditions, confirm his/her order after having checked them.- make the payment under the terms and conditions indicated.

All orders are subject to the unconditional and unreserved acceptance of these General Terms and Conditions of Sale. All orders are subject to acceptance of the prices and description of the products offered for sale.

The contractual information is presented in French and confirmed at the latest at the time of confirmation of the order by the customer.

From the moment the customer has confirmed his order, he is deemed to have accepted, in full knowledge of the facts and without reservation, these general terms and conditions, the prices, quantities and quantities of the products offered for sale and ordered.

 

2.2 When is the customer's order considered final?

 

The sale shall not be deemed final until the customer has received confirmation of acceptance of the order (with a summary) from PHYTOSERENITY by email and after PHYTOSERENITY has received payment in full. It is the customer's responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the Website constitutes the conclusion of a distance contract between the customer and PHYTOSERENITY.

 

2.3 What happens if you order a product that is not available or not in stock?


Note: If a product is not available or out of stock, customers cannot normally place an order on the website.

 

PHYTOSERENITY's product offers are valid while stocks last. If a product ordered is not available and/or out of stock, the customer will be informed of this and will also be informed of the period of availability of the out-of-stock product by e-mail or, in the case of an order of several products, on the invoice of the products shipped. Under no circumstances can PHYTOSERENITY be held liable for the unavailability of a product. In the event of unavailability and/or shortage of one or more products, the customer may request the following:


- Full refund of the unavailable or out-of-stock product,- You will receive a credit note equal to the price of the unavailable or out-of-stock product to be used for a future order.

 

Only the final discontinuation of a product by PHYTOSERENITY's suppliers will result in its removal from our sales offer. PHYTOSERENITY will then remove this product from the website as soon as possible.


Until proven otherwise, the data recorded by PHYTOSERENITY shall constitute evidence of all transactions carried out by PHYTOSERENITY and its customers.

 

3. offers and prices

3.1 How are changes to our prices handled?

 

PHYTOSERENITY reserves the right to modify its prices at any time, but undertakes to apply the prices indicated at the time of the order, subject to availability at that time. The offers and products are provided at the current prices listed on the website at the time the order is registered.


3.2 How are the prices of our products indicated? What about shipping costs and special offers?

 

The prices of the products are indicated in euros, all taxes included, and do not take into account the shipping costs, which will be invoiced additionally and indicated before the confirmation of the order, packaging and processing of the order.

 

Promotional offers are valid for the period of validity stated therein and as long as they are displayed on the website, as well as while stocks last. Orders can only be accepted if the prices quoted match those of the current offer.

 

The price must be paid in cash, in full and in a single payment on the day of the order by the customer by means of a secure payment. The amounts paid cannot be considered as deposits or deposits at any time. No cash on delivery shipments will be accepted, for any reason whatsoever. If one or more taxes or duties, in particular environmental taxes, are introduced or changed, either upwards or downwards, this change may be reflected in the selling price of the products.

 

All orders are invoiced and payable in euros.

PHYTOSERENITY reserves the right to suspend or cancel the delivery of current customer orders in the event of non-compliance with the terms of payment.

 

4th delivery

N.B. Delivery is deemed to be the transfer of physical possession or control of the product to the customer.

4.1 How are the shipping costs calculated?

For each order, a flat-rate contribution to the costs of provision is charged, which includes postage, packaging and order processing. The flat-rate contribution is linked to the shipping method selected by the customer at the time of ordering. Shipping costs are free of charge for orders over €70.

The contribution to the shipping costs is inclusive of VAT.

In order to reduce transportation costs, all small or medium-sized products are sent using the La Poste service or an external delivery service that undertakes to deliver within 8 working days throughout France, Germany, the Netherlands and some other EU Member States and offers the customer the option of collecting the products ordered from the post office near the delivery address at the time of delivery by the letter carrier. If the customer is absent on the day of delivery, the letter carrier will leave a notice in their letterbox allowing them to collect their parcel from the post office within fifteen days during opening hours. The customer can track their order thanks to the tracking number sent to them by email on the day their order is dispatched.

For reasons of availability, an order may be delivered to the customer in several partial deliveries. In this case, the customer only pays for one delivery.

 

4.2 What are the delivery times?

 

PHYTOSERENITY undertakes to use its best endeavors to deliver the products ordered by the customer as quickly as possible. For more information, please read our delivery conditions. However, if the products ordered have not been delivered within thirty (30) days of the order, the customer must inform PHYTOSERENITY by telephone or e-mail as soon as possible.

 

PHYTOSERENITY will contact the carrier to conduct an investigation, which may take up to twenty-one (21) days. If the products are found, they will be forwarded to the customer's address. If the products are not found at the end of the investigation, the products will be considered lost and PHYTOSERENITY may return replacement products to the customer at no additional cost. If the ordered products are no longer available,

 

PHYTOSERENITY will refund the amount of the products that are considered lost.

In any case, if the Products have not been delivered within twenty (20) days of the expected delivery date, for a reason other than force majeure or the Customer's action, the sale may be terminated at the Customer's written request under the conditions provided for in Articles L. 216-2 to L. 216-4 of the Consumer Code. The sums paid by the Customer will then be refunded to the Customer no later than fourteen days after the date of termination of the contract, excluding any compensation or withholding.

 

4.3 What happens if you enter the wrong delivery address?


The products shall be delivered to the address specified by the customer when placing the order. The customer must ensure that the address is correct. Any package returned to PHYTOSERENITY due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense, and PHYTOSERENITY cannot be held responsible for the impossibility that the order may not be delivered. If the customer requests delivery to two different delivery addresses, he must place two separate orders with the associated shipping costs.

 

4.4 What do you have to do when you receive the order?

 

Upon receipt of the order, the customer is obliged to check the condition of the delivered products. In the event of obvious defects, the customer has the right of return under the conditions set out in these General Terms and Conditions. Any discrepancies in the delivery (e.g. missing or damaged products, damaged packages) must be indicated in the first instance on the delivery bill and in the form of handwritten reservations with the customer's signature to the carrier. Secondly, any anomaly must be reported as soon as possible after receipt of the products to PHYTOSERENITY :p Post at the following address:

PHYTOSERENITY
335 rue ferdinand perrier
69800 Saint-Priest

by e-mail to the following address:
[email protected] phone on 01 84 80 60 29, Monday to Friday from 9:30 am to 6:30 pm.

PHYTOSERENITY reserves the right to ask the customer to return the damaged product(s).

 

4.5 I have received a damaged parcel. What should I do?

 

If, upon delivery of the package to be delivered against signature, the customer discovers that it is damaged, he/she may refuse the package at the time of delivery, which will then be returned directly to PHYTOSERENITY, or accept the package and report the damage to the packaging.

If the customer notices that the packaging of the parcel to be delivered to the letterbox is damaged, the customer may, provided the parcel has not been opened, refuse the parcel by returning it to Swiss Post no later than the working day following its delivery.

4.6 How are LPAI returns handled?


Returns under the reason "NPAI" correspond to parcels that are returned by the service provider responsible for delivery with the note: "Does not live at the specified address". Upon receipt and acceptance of the returned package by PHYTOSERENITY services, the customer's account will be credited for the total amount of the order, less shipping costs, within forty-eight (48) hours of PHYTOSERENITY's receipt of the package. The customer can then place their order again, ensuring that the delivery address provided is correct.

 

4.7 How are returns handled under the reservation "not claimed"?

 

Returns under the reason "not picked up" refer to packages that have not been picked up by the customer within fifteen (15) days of the delivery notification at the post office or at the retailer selected by the customer at the time of the order. Upon receipt and acceptance of the returned package by PHYTOSERENITY services, a credit for the total amount of the order, less shipping costs, will be issued to the customer's account within forty-eight (48) hours of PHYTOSERENITY's receipt of the package. The customer can then place his order again.

 

5. right of withdrawal

5.1 What is the cooling-off period?


The customer has a right of withdrawal of fourteen (14) days from receipt of his order in accordance with the provisions of Article L. 221-19 of the Consumer Code. During this period, the customer may return PHYTOSERENITY products without having to give reasons or pay a penalty.

In order for the refund to take place, it is important that the products are returned in their original condition and packaging, complete and in perfect resalable condition. Compliance with these conditions enables the returned products to be marketed again.

 

5.2 What do I have to do to exercise my right of withdrawal?


Products that are damaged, already opened, soiled or incomplete will not be returned. The products must be returned to PHYTOSERENITY within fourteen (14) days of the customer being notified of the customer's decision to withdraw from the contract. This period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.

The product must be sent in its original packaging to the following address:

PHYTOSERENITY
335 rue ferdinand perrier
69800 Saint Priest
FRANCE

 

The customer must enclose the following withdrawal form or another clear declaration in which he expresses his wish to withdraw from the contract:

I hereby declare my withdrawal from the contract with regard to the order of the following products:

- Order from: ............
- Order number: ............
- Customer's name: ........................
- Customer's address: .............................. [Customer's signature]

It is advisable to return the parcel by tracking and tracing if it is lost during postal delivery, as PHYTOSERENITY cannot be held liable in this respect.

 

6. reimbursement

6.1 How and in which cases will you proceed with the refund?

 

In the event of non-receipt of the order within the delivery deadlines mentioned above, for a reason other than force majeure or the Customer's action, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L. 216-2 of the Consumer Code. The sums paid by the Customer will then be refunded to the Customer no later than fourteen (14) days after the date of termination of the contract by the Customer, excluding any compensation or withholding.

In the event of unavailability of the ordered product, the customer who has opted for a refund will be reimbursed the amounts paid no later than fourteen (14) days after their payment.

The customer will be refunded within fourteen (14) days of receipt of the products by PHYTOSERENITY.

Refunds will be made according to the payment method used by the customer when placing the order.

PHYTOSERENITY reserves the right to cancel and refund all orders placed by a professional.

6.2 Conditions of the 60-day money-back guarantee - PhytoSerenity

 

Product eligibilityThis warranty applies to all products purchased on PhytoSerenity.com. Only used products can be refunded.

Validity period: The refund request must be made within 60 days from the date of purchase.

Return policy: To return a product, send it to the following address: 335 rue Ferdinand Perrier, 69800 Saint Priest, France. You must provide a tracking number by e-mail as proof of your shipment.

Condition of the returned products: Only used products are covered by the warranty. Unopened products are not eligible for a refund unless a 14-day right of withdrawal applies in accordance with European legislation. We estimate that at least 60 days are required to observe the effect of our products. Refunds are therefore limited to opened products. When purchasing a pack of several products, the refund will correspond to the quantity used. Exceptions for misuse of the guarantee may apply.

Return and administration costs: The return costs shall be borne by the customer. A file administration fee of €10 will be deducted from the refund amount.

Refund method: Refunds will be made to the same payment method used at the time of purchase.

Contact for support: If you have any questions, please contact our support team at [email protected].

Revision of terms and conditions: Customers are encouraged to review these Terms and Conditions periodically as they may change, you will be notified by email.

 

7. terms of payment

 

N.B. This is a payable order, which means that placing the order implies payment by the customer.

7.1 What are the terms of payment?

To pay for his order, the customer has the payment method provided by PHYTOSERENITY and listed on the website, namely the Stripe service.

The Customer guarantees PHYTOSERENITY that he/she has the necessary authorizations to use the payment method chosen by him/her when confirming the order. PHYTOSERENITY reserves the right to suspend all order management and delivery if authorization of payment by credit card is refused by officially accredited organizations or if payment is not made.

PHYTOSERENITY does not store any personal or financial information in its database when the customer's payment is processed.

 

7.2 Payment by credit card

 

Payment by credit card is made directly online via a secure transaction with the Stripe system. The exchange of payment data is encrypted using the 128-bit SSL (Secure Socket Layer) protocol. When the customer places an order on the website, the credit card is charged immediately in the following way: The customer enters the number of their bank card without spaces between the digits, its expiry date and the last three digits of the pictogram on the back of the card in the field provided. The credit card is usually charged at the time the order is dispatched.

 

8. transfer of ownership - transfer of risk

 

The transfer of ownership of the PHYTOSERENITY products to the customer shall only take place after full payment of the price by the customer, regardless of the delivery date of said products. Regardless of the date of transfer of ownership of the Products, the risk of loss and damage shall not pass to the Customer until the Customer takes physical possession of the Products. The products therefore travel at the risk and peril of PHYTOSERENITY.

 

9. liability

 

9.1 What are the applicable legal guarantees?

The products sold on the website comply with the regulations in force in France. The products delivered by PHYTOSERENITY benefit by operation of law and without additional payment, regardless of the right of withdrawal:- the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code for products that appear to be defective, damaged, damaged or not in conformity with the order;- the legal guarantee against hidden defects pursuant to Articles 1641 et seq. of the Civil Code resulting from a defect in material, design or workmanship affecting the products delivered and rendering them unusable.

 

9.2 What are PHYTOSERENITY's obligations?

 

- In accordance with Article L. 217-4 of the French Consumer Code, "the seller shall deliver the goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if this was charged to him under the contract or carried out under his responsibility. "

- Article L. 217-5 of the Consumer Code states: "The goods are in conformity with the contract:

 

1° If it is suitable for the use normally expected of a similar item and, where applicable: if it corresponds to the seller's description and has the characteristics that the seller has presented to the buyer in the form of a sample or model; if it has the characteristics that a buyer can legitimately expect on the basis of public statements made by the seller, the manufacturer or his representative, in particular in advertising or labeling;

2° or if it has the characteristics mutually agreed by the parties or is suitable for a particular use requested by the buyer, which has been brought to the seller's attention and which the seller has accepted. "

- According to article L. 217-12 of the French Consumer Code, "the action for lack of conformity shall be time-barred two years after delivery of the goods".

- Article 1641 of the Civil Code states: "The seller is bound by the warranty for hidden defects of the thing sold which make it unsuitable for the use for which it is intended or which impair this use in such a way that the buyer would not have purchased it or would only have purchased it at a lower price if he had known about them."

- According to article 1648 of the French Civil Code, "the action for defects must be brought by the buyer within two years of the discovery of the defect".

In order to assert its rights, the customer must inform PHYTOSERENITY in writing of the non-conformity of the products or of the existence of hidden defects within a maximum period of two (2) years from delivery of the products or within a maximum period of two (2) years from their discovery.

The customer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The shipping costs will be reimbursed on the basis of the rate charged and the return costs will be reimbursed on presentation of supporting documents.

Refunds for products deemed non-conforming or defective will be made as soon as possible, but no later than thirty (30) days after PHYTOSERENITY discovers the non-conformity or hidden defect. Refunds shall be made by crediting the Customer's bank account or by check made payable to the Customer.

9.3 In which cases can PHYTOSERENITY not be held liable?


PHYTOSERENITY cannot be held liable in the following cases:- non-compliance with the legislation of the country to which the products are delivered, which the customer is responsible for checking;- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear of the product, accident or force majeure. In any case, PHYTOSERENITY's warranty is limited to the replacement or refund of non-conforming or defective products.

10 Intellectual property

10.1 I like your website. May I use your photos, texts, comments or articles?


All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds and all computer applications that may be used on the Site and, more generally, all elements reproduced or used on the Site are protected by the applicable intellectual property laws.

They are the full and complete property of PHYTOSERENITY or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, is strictly prohibited without the prior written consent of PHYTOSERENITY. The fact that PHYTOSERENITY does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute recognition of these uses or a waiver of legal action. Any simple or hypertext link is strictly prohibited without the express written consent of PHYTOSERENITY.

11. personal data


All information on the privacy policy and the processing of personal data can be found on the Privacy Policy page.

12. applicable law - dispute resolution

12.1 How do I deal with disputes?


You can contact our support team by e-mail or telephone to inform us of your complaint.

 

12.2 When can I refer a dispute with PHYTOSERENITY to the mediator?


After prior contact with PHYTOSERENITY by consumers, the Mediator Service can be referred to the Ombudsman for consumer disputes that have not been resolved. To find out how to refer the matter to the Ombudsman, click here.

 

13. partial non-validation


If one or more provisions of these General Terms and Conditions are declared or declared invalid by law, regulation or a final decision of a competent court, the other provisions shall retain their full force and scope.

14. force majeure

14.1 What are force majeure events and how are they handled?


Any circumstances beyond the control of the parties that prevent the fulfillment of their obligations under normal conditions shall be deemed grounds for release from the parties' obligations and shall result in their suspension.

The party invoking the above circumstances must immediately inform the other party of their occurrence and of their disappearance.

Force majeure is defined as any unavoidable fact or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties despite all reasonable efforts. In addition to those generally recognized by the jurisprudence of the French courts, the following are considered cases of force majeure or unforeseeable circumstances: the blocking of means of transport or utilities, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks outside the Customer.

The parties will meet to review the effects of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts longer than three (3) months, these conditions may be terminated by the aggrieved party.

15. pre-contractual information - acceptance and rights of the customer

15.1 What does it mean to accept PHYTOSERENITY's GTC?


The Customer acknowledges that, before placing his order, he has been informed in a legible and comprehensible manner of these General Terms and Conditions and of all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, in particular - the essential characteristics of the product, taking into account the communication medium used and the product concerned; the price of the product and its ancillary costs; in the absence of immediate performance of the contract, the date or period within which PHYTOSERENITY undertakes to deliver the product;- information on the identity of PHYTOSERENITY, its postal, telephone and electronic contact details and its activities, insofar as this is not apparent from the context;- information on legal guarantees and their implementation modalities;- the functionalities of the digital content and, where applicable, its interoperability;- the possibility of resorting to conventional mediation in the event of a dispute; information on the right of withdrawal.

15.2 Important note on PhytoSerenity


At PhytoSerenity, we are dedicated to promoting a healthy lifestyle through balanced nutrition, micronutrients, supplements and physical activity. We firmly believe that these elements can play a key role in proactively managing your health.

Important points to bear in mind:

- Variability of results: It is important to understand that results can vary significantly from person to person. Each person is unique, and therefore the experiences our users have do not guarantee the same results for everyone.

- Reviews and testimonials: The reviews and testimonials presented on our website come from authentic sources such as TrustPilot as well as feedback from users of our products. To maintain confidentiality, some names have been changed.

- Information purposes: The information provided on this website is for educational and informational purposes only. It should not be used as a substitute for the advice or diagnosis of a qualified healthcare professional.

We recommend that you consult a doctor for personalized advice tailored to your specific needs.

 

15.3 Can you assure me that my cell phone number will be treated confidentially?


Within the order form, we need to collect the consumer's cell phone number in order to be able to contact him in case of a problem with the processing of his order or in case of a delivery problem. PHYTOSERENITY will only use your telephone number for the performance of the contract concluded with the consumer. We remind you that every consumer has the possibility to subscribe to the list of objections to telephone advertising via this http://www.bloctel.gouv.fr link.

The fact that a natural or legal person places an order on the Website implies full acceptance and acceptance of these General Terms and Conditions and the obligation to pay for the products ordered.