Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE

AIXERION – http://www.7-bio.com/

PREAMBULE

AIXERION is a Swiss limited liability company, with share capital of CHF 20,000.00, whose registered office is located at 135 rue de Genève, 1226 Thônex in SWITZERLAND, whose Handelsregister number is: CHE-486.574.739, represented by its Managing Director, Mr Stéphane SEVINO (hereinafter “AIXERION” or the “Seller”).

This company publishes and operates the website accessible at http://www.7-bio.com/ (hereinafter the “Website”).

AIXERION markets organic consumer products and cosmetics (hereinafter the “Products”) online, in particular to French consumers (hereinafter the “Customers”).

ARTICLE 1 – Purpose of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale describe the terms and conditions of distance selling of consumer goods to Customers via the Site and define the obligations and rights of the parties in this respect.

ARTICLE 2 – Scope – Entirety

These general terms and conditions express the entirety of the obligations of the parties. The Customer is therefore deemed to accept them without reservation.

These General Terms and Conditions of Sale only apply to purchases made by Customers located in France from the Site and delivered exclusively on French territory.

They are accessible on the website: http://www.7-bio.com/ and shall prevail, where applicable, over any other version or any other contradictory document.

The Seller and the Customer agree that these general terms and conditions exclusively govern their relationship. The Seller reserves the right to modify its General Terms and Conditions from time to time. Amendments to these General Terms and Conditions of Sale are enforceable against users of the Website as from the date they are put online and cannot be applied to transactions concluded previously.

The Customer declares that he/she has read these General Terms and Conditions of Sale and accepted them before making an immediate purchase or placing an Order. In this respect, they are enforceable against them in accordance with the terms of article 1119 of the French Civil Code.

ARTICLE 3 – Pre-contractual information

Prior to placing an Order and entering into a contract, the Customer acknowledges having been provided, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the Customer in a clear and comprehensible manner:
- the essential characteristics of the Products sold
- the price of the Products sold;
- any additional transport, delivery or postage costs and any other costs;
- in the absence of immediate performance of the contract, the date or deadline by which the Seller undertakes to deliver the goods, regardless of their price;
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
The Vendor provides the Customer with the following information:
- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address ;
- the methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints.
- The Seller shall provide the Customer with the following information: its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address ; the methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints; the existence of and procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the Consumer Code;
- the duration of the contract, in the case of a fixed-term contract, or the conditions under which it may be terminated in the case of an open-ended contract.
The seller shall indicate, with regard to digital content :
- any relevant interoperability of this content with certain hardware or software of which the trader has or ought reasonably to have knowledge.

ARTICLE 4 – Characteristics of the products offered for sale on the Site

The Products offered for sale on the Site are described in such a way that the Customer is aware of their main characteristics, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, as well as their price.

The Customer is obliged to read this description before placing an Order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Site are not contractual and shall not incur the liability of the Vendor.

The Customer must refer to the description of each Product in order to find out about its properties, essential characteristics and delivery times, as well as, in the case of a continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French and is confirmed at the latest when the Customer confirms the Order.

ARTICLE 5 – Durée de validité de l’offre de Produits

Product offers are subject to availability, as specified when the Order is placed. Products are offered for sale for as long as their product description remains on the Website.

ARTICLE 6 – Commandes

It is the Customer’s responsibility to select the Products they wish to Order on the Site, in accordance with the following procedures:

[Quick description of the process for placing, validating and confirming the Order and for payment]. (hereinafter referred to as the Order)

Customers may check the details of their Order and its total price and correct any errors before confirming their acceptance.

It is the Customer’s responsibility to check the accuracy of the Order and to report or rectify any errors immediately.

An Order is registered on the Web Site when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the Order.

This validation implies acceptance of these General Terms and Conditions of Sale in their entirety.

The Seller shall immediately send the Customer an e-mail confirming that the Order has been accepted.

At the same time, the Seller of the Product(s) selected shall be immediately informed of the Customer’s Order.

The sale shall only become final once the Vendor has sent the Customer confirmation of the availability of the Product and acceptance of the Order by e-mail, which must be sent within a maximum of 15 (fifteen) working days from the date on which the Customer placed the Order and was informed thereof.

The Vendor reserves the right to refuse an Order or to make a delivery to a Customer who has not paid in full or in part for a previous Order or with whom a payment dispute is in progress.

If the Vendor confirms the Order, the sale is complete and the price is debited from the Customer’s bank account.

In the absence of confirmation of the Order by the Vendor, the sales contract concluded with the Customer shall be automatically terminated and each of the parties shall be released from their obligations, in which case the Customer shall be immediately reimbursed.

In the absence of proof to the contrary, the data recorded in the Site’s computer system shall constitute proof of all transactions concluded between the Vendor and the Customer.

Customers may track the progress of their Orders on the Web Site.

Changing the Order

Once confirmed and accepted by the Seller, under the conditions described above, the Order cannot be modified.

Order cancellation

Once confirmed and accepted by the Seller, under the conditions described above, the Order may not be cancelled, except in the event of the exercise of the right of withdrawal or in the event of force majeure.

ARTICLE 7- Tarifs

The Products are supplied at the prices freely fixed by the Seller and shown on the Product description sheet.

Prices are indicated in euros and include VAT, but exclude delivery costs.

The cost of delivery for each Product is added when the Customer confirms the Order.

An invoice shall be drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 8- Terms of payment

This is an Order with a payment obligation, which means that placing the Order implies payment by the Customer.

The price shall be payable in cash to the Vendor, who shall collect the corresponding amount in full on the day the Order is placed by the Customer, by means of secure payment, using the following methods:

by credit card: Bank Card, Visa, MasterCard, American Express, other credit cards ;

Paypal

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payments made by the Customer will not be considered final until the Seller has received the sums due.

Payment data is exchanged in encrypted mode using the TLS protocol.

ARTICLE 9- Livraisons

The Products ordered by the Customer will be delivered within the delivery time indicated on the Product sheet, plus the time required to process and send the Product to the address indicated by the Customer when placing the Order on the Site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Vendor undertakes to make its best efforts to deliver the Products ordered by the Customer within the times specified above. However, these times are given for information only.

If the Products ordered have not been delivered within 15 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or to reimburse the Customer, as indicated in the article “Vendor’s liability – Guarantee”.

The Seller assumes the transport risks and is obliged to reimburse the Customer in the event of damage caused during transport.

ARTICLE 10 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.

ARTICLE 11 – Right of withdrawal

In accordance with article L. 221-28 of the French Consumer Code and concerning products which are likely to deteriorate rapidly, which by their nature cannot be returned or which are likely to deteriorate rapidly, the Customer does not have a withdrawal period for distance purchases of fresh products. Products will not be taken back, exchanged or reimbursed.

For other types of products, the Customer has a cooling-off period of 14 clear days from receipt of the Order to return any product to the Vendor for reimbursement, without giving any reason or incurring any penalty.

The cost of returning the goods shall be borne exclusively by the Customer.

The right of withdrawal may be exercised online, using the withdrawal form available on the Web Site, in which case the Vendor shall immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the Customer’s wish to withdraw.

Reimbursement will be made within fourteen days (at most 14 days) of notification to the Vendor of the decision to withdraw, by crediting the Customer’s bank account.

In accordance with article L 221-28 of the French Consumer Code, the Customer may not exercise this right of withdrawal in certain cases such as: the supply of goods made to the customer’s specifications.

ARTICLE 12 – Seller’s liability – Warranty

The Products sold via the Site comply with the regulations in force in France and have characteristics compatible with non-professional use.

The Products supplied by the Vendor benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the Order,
the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.

Under the terms and conditions set out below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

It should be noted that under the legal guarantee of conformity, the Customer has a period of two years from delivery of the goods to take action against the Seller;
The Customer may choose between repairing or replacing the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;
The Customer is exempt from having to prove the existence of the Product’s lack of conformity during the 24 months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the French Civil Code. In this case, he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum of five (5) days from delivery of the Products or from the discovery of hidden defects within the time limits referred to above and return the defective Products to the Vendor in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Vendor will reimburse or replace the Products or parts under guarantee that are deemed to be non-compliant or defective.

Postage costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of supporting documents.

Reimbursements for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days of the Seller’s finding of the non-compliance or hidden defect.

Reimbursement will be made by crediting the Customer’s bank account.

The Vendor may not be held liable in the following cases:

failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
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.

The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 13 – Protection of personal data

Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, Customers are reminded that the personal data requested from them by the Web Site is required to place and process their Orders.

This data is collected by the Vendor to enable it to perform the contract and dispatch the Customer’s Orders. Under no circumstances may this data be used for purposes other than those set out in the Site’s confidentiality policy.

The Vendor undertakes to ensure the security of the personal data it stores for the purposes of fulfilling and tracking Orders.

The processing of information communicated by the Customer complies with legal requirements regarding the protection of personal data, and the information system used ensures optimum protection of this data.

ARTICLE 14- Intellectual property

The content of the Site is the property of the Seller and its partners and is protected by Swiss, and/or French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 15 – Anticipation

It should be noted that in the event of a change in circumstances that could not have been foreseen when the contract was concluded, in accordance with the provisions of article 1195 of the French Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may ask its co-contractor to renegotiate the contract.

ARTICLE 16- Force majeure

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is the result of a case of force majeure, within the meaning of article 1218 of the French Civil Code.

The Party observing the event must immediately inform the other Party of its inability to perform its obligations and justify this to the latter. The suspension of obligations may under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

As soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible.

If the impediment is definitive or exceeds a period of thirty (30) days, these terms and conditions shall be purely and simply terminated following receipt of formal notice served by registered letter with acknowledgement of receipt or any extrajudicial document.

Consequently, the Order shall be deemed to have been cancelled in accordance with the provisions of the “Orders” article.

ARTICLE 17 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French.

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 18 – Partial nullity

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.

ARTICLE 19 – Pre-contractual information

The fact that a natural person (or legal entity) places an Order on the Site implies full and unreserved acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Customer, who in particular waives the right to rely on any contradictory document that would be unenforceable against the Seller.

ARTICLE 20 – Litigation

All disputes shall be settled directly between the Customer and the Vendor.

The Customer must notify the Vendor, at the e-mail address and/or postal address indicated on the Web Site, within five (5) days of confirmation of the Order by the Vendor, of any complaint concerning, in particular, non-receipt of the Product, its non-conformity with the Order or receipt of a damaged Product.

The Customer and the Vendor shall use their best endeavours to resolve the dispute amicably.

Depending on the case, the declared dispute will give rise either to the return of the Product ordered or to a refund, under the conditions specified in these General Terms and Conditions of Sale.

The Customer is informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art.L 612-1) or with the existing sectoral mediation bodies, the references of which appear on the Site, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with the rules applicable to mediation, any consumer dispute must first be referred via the procedure referred to above (prior complaint made directly to the Vendor on the Site) before any request for mediation.

The Customer, noting that a violation of the General Regulation on the Protection of Personal Data has been committed, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain against the data controller or sub-contractor, compensation before a civil or administrative court or before the National Commission on Data Processing and Civil Liberties.

APPENDIX 1. PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 of the French Consumer Code

The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

Be fit for the use normally expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the Buyer in the form of a sample or model Have the qualities that a Buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
Or have the characteristics defined by mutual agreement between the parties or be 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 French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the French Consumer Code

When the Buyer asks the Seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which remained to run. This period runs from the date of the Buyer’s request for service or from the date on which the item in question is made available for repair, if the item is made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the Buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

APPENDIX 2 . WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the Order placed on the Site, except in the case of exclusions or limits to the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.

For the attention of “135 rue de Genève

“1226 Thônex

“Switzerland

Order from …….
Order number: …………………………………………………..
Customer name : …………………………………………………………………
Customer’s address: ……………………………………………………………..

Customer’s signature (only if this form is sent on paper) :