ARTICLE 1 – Scope of application
The present General Conditions of Sale (called “GCS”) apply, without restriction or reserve, to all sales concluded by the Vendor with non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Vendor on the continuom.fr site. The Products offered for sale on the site are the following:
Box of 30 pure acerola-based food supplements.
Name of the product : Immunity+
Brand: CONTINUOM
Company having the worldwide exploitation: EXPLENIUM CONSULTING
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the continuom.fr site which the customer is required to take note of before ordering.
The choice and the purchase of a Product are the sole responsibility of the Client.
The offers of Products are within the limits of available stocks, such as specified at the time of the placing of the order.
These GTC are accessible at any time on the continuom.fr site and will prevail over any other document.
The Customer declares to have taken knowledge of the present GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site continuom.fr.
Unless proven otherwise, the data recorded in the computer system of the Vendor constitute the proof of all the transactions concluded with the Customer.
The coordinates of the Seller are as follows
EXPLENIUM CONSULTING, SAS
Share capital of 100,00 euros
Registered at the RCS of PARIS, under the number 85305574700010
7, Avenue Marcel Proust – 75016 PARIS – FRANCE
Email : contact@continuom.fr
Phone : +33782780312
Intracommunity VAT number FR54853055747
The Products presented on the continuom.fr site are offered for sale in the following territories:
GERMANY
ITALY
SPAIN
PORTUGAL
BELGIUM
HOLLAND
ENGLAND.
In case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – Prices
The Products are supplied at the prices in force appearing on the continuom.fr site, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account possible reductions which would be granted by the Seller on the continuom.fr site.
These prices are firm and non revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice shall be issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select the Products he wishes to order on the continuom.fr site, according to the following procedures
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is the responsibility of the Customer to verify the accuracy of the order and to immediately report any error.
Any order placed on the continuom.fr site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller shall be possible only if the product(s) has (have) been shipped. days at the most after acceptance of the order by the Seller and as long as the delivery has not taken place (independently of the provisions relating to the application or not of the legal right of retraction).
ARTICLE 3 Bis – Customer Area – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: sav@continuom.fr. This will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and/or use, the continuom.fr site will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic means and remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of the present general conditions of sale.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
– payment by credit card
– or payment by bank transfer to the Seller’s bank account (whose details are communicated to the Customer when the order is placed)
The price is payable in full by the Customer on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider intervening for the banking transactions carried out on the continuom.fr site.
The payments made by the Customer will be considered as final only after effective collection by the Seller of the amounts due.
The Seller will not be held to proceed to the delivery of the Products ordered by the Customer if the latter does not pay the price in totality in the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France.
Deliveries are made within 3 to 4 working days to the address indicated by the Customer when ordering on the site.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 7 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of #254 Maximum time for … from delivery to make claims by For all claims, we thank you to make a photo of the item received, the box of food supplements. You can send us your complaint by e-mail (sav@continuom.fr) or by post to the attention of EXPLENIUM CONSULTING
7, Avenue Marcel Proust – 75016 PARIS.
For the attention of the after-sales service, accompanied by all the relevant supporting documents (notably photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
According to the terms of the article L221-18 of the Code of the Consumption “
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GCS.
The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their remarketing in new condition, accompanied by the purchase invoice.
- Damaged, soiled or incomplete products are not accepted.
- The return costs will be charged to the Customer.
- The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.
ARTICLE 8 – Responsibility of the Seller – Guarantees
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered Products and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
“The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
“The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code.
“The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair 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 date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.
Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 30 days following the finding by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Salesman could not be committed in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Provisions relating to the contractual guarantee
The Products purchased on the continuom.fr site can benefit, in addition to the legal guarantees of conformity and hidden defects of a contractual guarantee as indicated if necessary in the description of a given Product, according to the following terms, conditions and tariffs:
In case of replacement, we will return the damaged order free of charge.
This contractual guarantee covers the following situations:
- The guarantee applies in cases where the customer wishes to replace boxes damaged in transport, making the product unfit for consumption
This guarantee is excluded in the following situations:
- The guarantee is not applicable if the customer does not return the damaged box(es) to us having not consumed the products. The return must be done “as is”.
It is applicable under the following conditions:
- Once the customer has sent us a complaint e-mail to the address sav@continuom.fr with the photo of the damaged product(s), he/she returns the product(s) to us indicating his/her wish (refund or replacement).
We transmit these elements to our logistic Platform which will appreciate the credibility of the request with regard to the control of the products at the departure of the Platform and the transmission to the carrier responsible for the good routing of the products.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the delivery of the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the continuom.com site are the following
Account opening
At the time of the creation of the Customer/user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
Within the framework of the payment of the Products offered on the continuom.com site, the continuom.com site records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of the personal data
The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the service of sale and delivery of the Products.
The category(ies) of co-contractors is (are):
– Transport providers
– The providers of payment institutions
9.3 Data controller
The data processors, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data, are:
– the Seller, and
– _______________.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and user rights
In application of the regulations applicable to personal data, the Customers and users of the continuom.fr site have the following rights:
They can update or delete the data concerning them in the following way:
- By connecting to their account on their personal customer space.
- They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer’s request, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the continuom.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 11 – Applicable law – Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – Litigation
For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of the present GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
In this case, the designated mediator is
_______________
_______________
_______________
E-mail : _______________.
The Customer is also informed that he can, also resort to the platform of Regulation on Line of the Litigation (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
Source on https://www.legalplace.fr
ANNEX I
Form of retraction
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on continuom.fr except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of SAS, EXPLENIUM CONSULTING
7, Avenue Marcel Proust – 75016 PARIS – FRANCE
I hereby give notice of withdrawal from the contract for the following item:
– Order of (indicate date)
– Order number: …………………………………………………..
– Customer’s name: …………………………………………………………………
– Customer’s address : ……………………………………………………………..
Client’s signature (only in case of notification of this form on paper)