Terms of sale
PREAMBLE
These general terms and conditions of sale (hereinafter referred to as the "T&Cs") are concluded between, on the one hand, Health & Happiness France, a simplified joint-stock company, with a share capital of 15,872,413.90 euros, registered with the Nanterre Trade and Companies Register under number 612 030 767, whose registered office is located at 105 rue Anatole France in Levallois-Perret (92300), hereinafter referred to as "H&H France", and on the other hand any natural person (the "Customer") wishing to make a purchase, for his or her personal needs, via H&H France's e-commerce https://www.biostime-nosmarques.com website (the "Site").
The T&Cs govern all relations between H&H France and the Client, a natural person of legal age with full legal capacity and define the rights and obligations of the Parties.
Any order placed on the Site presupposes full and complete acceptance of these T&Cs. Thus, the Client acknowledges that he has read and expressly declares that he accepts these T&Cs as soon as he ticks the mention "I have read the general terms and conditions of use and sale and accepts them without reservation".
Orders can only be placed between H&H France and any "consumer" as defined by the Consumer Code (i.e. a non-commercial natural person).
H&H France reserves the right to modify these T&Cs at any time, and invites the Client to refer to them regularly, or even to keep a copy of the version that will be sent to them on a durable medium at the time of placing their order.
ARTICLE 1 – SUBSCRIPTION PRODUCTS AND SERVICES
1.1. Information. The Products are presented on the Site in the form of a catalogue, including one or more photograph(s) of each Product, a description of their main characteristics and their price including VAT.
However, the photographs made available to the Client are only indicative and not contractual.
For any further information on a Product, the Customer can contact H&H France's consumer service by telephone on 01 84 87 52 79 (service and free call) or by email at the following address: biostime-nosmarques@hh.global.
For any further information about your order, you can contact customer service at biostime-nosmarques@hh.global
You can also use the forms in the https://www.biostime-nosmarques.com/contact/ section
1.2. Availability. The Products are offered for sale while stocks last. Out of stock are posted on the Site. However, in the event of a stock shortage occurring after the order has been placed, in particular at the time of preparation of the order, H&H France undertakes to notify the Customer as soon as possible and reserves the right to cancel the order.
In the event of cancellation of the order, the Customer will be reimbursed for the full amount of his order within a maximum period of fourteen (14) days from the notification of the cancellation of your order.
1.3 Points of Sale. The Products are also available for sale in specialist shops and partner distribution chains.
1.4 Subscription Service. H&H France offers a subscription service prior to any order, allowing the Customer to have certain products delivered within a frequency of between one and ten weeks and can be adjusted as they wish in their customer account.
The Client then has the option of terminating it at any time by clicking on the link provided for this purpose in his client account.
The Customer will receive a reminder by e-mail at least 72 hours before each new subscription shipment and will therefore have approximately 48 hours to cancel their subscription.
The renewal of the subscription is tacit until it is deleted from the customer account. The Customer can modify their subscription at any time in their My Account area.
ARTICLE 2 – ORDER
2.1. Ordering Procedures. The Client may order the Products available on the Site.
2.2. Identification and creation of a Customer Account. After validating their order on the Site, the Customer is invited to identify themselves or create a Customer Account and to provide the necessary information to H&H France to ensure the payment, preparation, invoicing and shipment of their order.
In the event of a first order placed on the Site, the Customer must create an account, either during the order after validating the basket on the Site, or beforehand, by clicking on the "Profile/Login" icon that appears at the top of each page of the Site. The Client is then asked to choose a username and password to be confirmed. These elements are confidential. The Customer will be solely responsible for the consequences of the use of his account, until the latter is deactivated.
If they already have a customer account, the Customer is invited to enter their login details by clicking on Login.
In addition, the Client will be asked for information to continue his registration (title, first name, last name, year of birth, e-mail address, postal code, etc.). The latter undertakes to provide true and sincere information and to inform H&H France of any changes concerning them.
The information collected is necessary for the processing of the order. For more information on the personal data collected, we invite you to refer to the said Personal Data Protection.
The Client is invited to check the information provided at the time of the order and subsequently confirmed, in particular the delivery address. H&H France cannot be held responsible for input errors and the resulting consequences (delays, delivery errors or returned packages). In such a case, the costs incurred for the reshipment of the order will be borne by the Customer.
2.3 Validation of the order: The order will be validated as soon as the Client has filled in the information concerning him and has clicked on the "order and pay" function or a similar formula.
In accordance with Article 1127-2 of the French Civil Code, before finalizing an order, the Customer may at any time view and modify the details of his order and its total price and correct any errors (by clicking on the "your cart" button). Unless expressly provided for on the Site, the Customer may not modify their order after having validated it. In the event of the possibility of modifying an order expressly mentioned on the Site, the Customer will only have the possibility of modifying his order until the date of processing of his order by H&H France.
Once the payment of the order has been validated, the Client will be assigned a code corresponding to his order (Order Number) and will receive a confirmation email to the email address indicated by him and at the latest before delivery. This acknowledgement of receipt of the order includes all the elements of the contract entered into between H&H France and the Client and contains these T&Cs and the standard withdrawal form, on a durable medium, allowing you to keep them for the necessary time
2.4 Unavailability: in the event of unavailability of the product ordered, H&H France will refund the product immediately or at the latest within the time limits set by law.
2.5 Cancellation: H&H France reserves the right to cancel or refuse any order from a Customer with whom there is a proven suspicion of fraud, identity theft or an ongoing dispute relating to the payment of a previous order.
2.6. Shipping. The Products will only be prepared and shipped after full payment of the price as defined in Article 3.1 below.
ARTICLE 3 – PAYMENT
3.1. Prices. The prices of each of the products marketed by H&H France appearing on https://www.biostime-nosmarques.com are indicated inclusive of all taxes and payable in euros.
They are only applicable for sales concluded at a distance to consumers from this Site. H&H France reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of validation of the orders.
3.2. Means of payment. The Customer can pay the price of his order by credit card (master card, visa), electronic wallet (PayPal), direct debit or bank transfer.
3.3. Use of Promotional Codes. The Customer may pay for their order or part of their order by means of a promotional code referred to as the "Advantage Code" (hereinafter "Code"). Any Code will be valid for a specific period of time mentioned in the offer and therefore cannot be used beyond the period indicated. The conditions of the Promotional Code are filled in when you obtain it. It will not give rise to any other compensation in the event of non-use by the Customer. In the event that the amount of the order is less than the amount of a Code obtained, H&H France will not refund the difference.
Promotional codes are to be used all at once and cannot be combined with other Codes.
H&H France reserves the right to cancel an order in the event of the use of a Code suspected of being fraudulent.
ARTICLE 4 – DELIVERY
4.1. Delivery locations. Delivery of Products purchased on the Site is possible in metropolitan France, Corsica, Germany, Austria, Belgium, Denmark, Spain, Italy, Luxembourg, the Netherlands, Portugal, subject, where applicable, to the application of delivery costs as provided for in Article 4.2.
Delivery cannot be made to hotels or PO boxes.
In order for these deadlines to be respected, the Client must ensure that it has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, stair number, access codes, names and/or intercom numbers, etc.).
4.2. Delivery costs. Delivery costs are those made available to the Client on the Website at the time of the order and are included in the total price due to H&H France as defined in Article 3.1.
Delivery costs depend on the carrier and the destination. It is recalled that deliveries are made in metropolitan France, Corsica, Germany, Austria, Belgium, Denmark, Spain, Italy, Luxembourg, the Netherlands, Portugal, only, even if the Customer places an order outside metropolitan France, in accordance with European Regulation No. 2018/302 of 28/2/2018 on "geo-blocking". On certain destinations in the Territory, only certain carriers will be offered.
4.3. Delivery Terms. H&H France strives to ensure its deliveries in metropolitan France within a reasonable period of a few days, and within a maximum of 7 days.
H&H France offers you 3 delivery methods with the following indicative delivery times, corresponding to the standard average processing and delivery times, it being understood that the preparation of orders and their delivery are carried out by external service providers. :
- GLS Relais: delivery in 2 to 5 working days
- GLS: delivery in 2 to 3 working days
- Chronopost: delivery in 1 working day for all orders placed before 12 noon
Concerning deliveries outside metropolitan France excluding Corsica, the indicative delivery times are as follows:
- Corsica: 5 working days
- European Union: 5 working days
In accordance with Article L. 216-1 of the Consumer Code, delivery will take place within a maximum period of thirty (30) days from the validation of the order.
Delivery is made to the address chosen by the Customer when placing the order or to one of the relay points available during the opening hours of the selected merchant.
Risk of loss and damage to the Products passes to the Customer upon delivery.
4.4 Delivery times: The times indicated are indicative times, corresponding to the standard average processing and delivery times, it being understood that the preparation of orders and their delivery are carried out by external service providers.
H&H France also invites the Customer to regularly consult their order tracking on the https://www.biostime-nosmarques.com website and to contact Customer Service by e-mail at biostime-nosmarques@hh.global for any questions relating to delivery tracking.
4.5. Delay or Failure to Deliver. In accordance with Article L. 216-2 of the French Consumer Code, in the event of a delay or failure to deliver, the Customer is entitled to request the cancellation of their order, which will be cancelled by operation of law at the end of a period of seven (7) working days following receipt of a registered letter with acknowledgement of receipt addressed to H&H France requesting the cancellation of their order, provided, however, that his order has not been delivered before the expiry of this period.
In the event that the delay or failure to deliver the order is due to the unavailability of the Product, the order will be cancelled by operation of law, without the need to send a registered letter to H&H France.
In the cases listed above, H&H France will refund the full amount that the Client has actually paid for the cancelled order, within a maximum period of fourteen (14) days from the cancellation of the order, in accordance with the legislation.
4.6. Verification of Products. Upon receipt of the order, the Client must express in writing immediately upon receipt of the parcel in a precise manner on the delivery note, any reservations as to the condition of the packaging of the package(s) received (such as "open package", "damaged package", etc.).
In the event of receipt of a package whose packaging is damaged, the Client undertakes to refuse delivery of the package, to indicate the reason for refusal on the delivery note and to take photographs of the damage within forty-eight (48) hours of receipt (keeping the invoice and the annotated and signed delivery note).
H&H France will then return identical products to the Customer at its own expense or refund the Customer after receipt of the returned Product.
4.7. Best before date. The minimum durability date (MDD) on the packaging tells consumers the period during which the products retain all their qualities. H&H undertakes to deliver Products with the longest possible shelf life to its Customers, which may not be less than three (3) months (90 days).
ARTICLE 5 - CONDITIONS FOR RETURNING PRODUCTS
5.1. Non-compliant product: The buyer benefits from the legal guarantee of conformity under the conditions of articles L.217-4(1) et seq. of the Consumer Code and the warranty against hidden defects under the conditions provided for in articles 1641 et seq. of the Civil Code.
The presence of an apparent or hidden defect must give rise to a prior complaint by e-mail to biostime-nosmarques@hh.global before any return.
Thus, subject to the prior and express validation of a non-conformity or a latent defect by H&H France, taking into account the provisions of Articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code, H&H France reminds the Customer that he:
- - benefits from a period of two (2) years from the delivery of the Product to take action for lack of conformity of the Product;
- - may choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9(2) of the Consumer Code;
- - is exempt from providing proof of the existence of the lack of conformity of the product during the two (2) years following the delivery of the Product. The seller can challenge this presumption if it is not compatible with the nature of the property or the lack of conformity invoked.
The Client may also decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641(3) of the Civil Code, and that in this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644(4) of the Civil Code. Any returned product must be received by H&H France at the above address, in its original packaging, in its original, new, unopened condition, with the references of the original Order and a copy of the complaint email, after the said email has been sent indicating the reason for the return of the Product.
However, in the event of a lack of conformity and under the terms of Article L. 217-9 paragraph 2 of the Consumer Code, if the Client's choice entails a cost that is manifestly disproportionate in relation to the other method offered to him/her given the value of the Product or the extent of the defect, H&H France may opt for the method that the Client has not chosen. However, taking into account the Products belonging to the category of Foodstuffs sold by H&H France, any defect will either be replaced or refunded.
5.2. Right of withdrawal. In accordance with Articles L221-18 to L221-27 of the Consumer Code, the Customer has a period of fourteen (14) days from the day of delivery of the goods ordered, to exercise his right of withdrawal without having to justify reasons, and he is responsible for paying the return costs.
The Client wishing to exercise his right of withdrawal must make an unambiguous declaration of this. If they wish, they may use the model withdrawal form available in the appendix to these T&Cs or by clicking here, which they must return to H&H France completed and signed. You should contact H&H France's Customer Service by email before returning the said withdrawal form, as well as the Product.
Once the form has been communicated to H&H France, the return of the products must be made by the Client within 14 (fourteen) days following the notification of the withdrawal, to the following address: Health & Happiness France – Consumer Service – 105 rue Anatole France - 92300 Levallois-Perret
Processing of the Customer's return for withdrawal: In the event of exercising the right of withdrawal, H&H France is required to reimburse the Customer for all sums paid for the returned Product, including delivery costs, with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by H&H France to later within fourteen (14) days from the date on which H&H France was informed of the Client's decision to withdraw.
H&H France may defer the refund until receipt of the product(s) or until the buyer has provided proof of shipment of the product(s), whichever is the earliest of the date following the date on which this right was exercised.
H&H France will proceed with the refund using the same means of payment as the one used by the Client for the initial transaction, unless it expressly agrees on a different means (credit note).
If the returned product had been paid for in full or in part by means of a Promotional Code, the Customer will be reimbursed by deduction of the cash value of the "Promotional Code" used to pay for his order and the said code will then be deactivated and cannot be used again later.
If this Code has not expired and if the Customer wishes to benefit from it again for a subsequent order, the Customer must then send an email to biostime-nosmarques@hh.global so that it can be reactivated.
If the offer granting Codes has ended, no Code can be reactivated or extended following the exercise of the right of withdrawal with an initial payment accompanied by a Code. Under no circumstances can a Code be redeemed or exchanged for its cash value.
The Client will bear the direct costs of returning the product(s). He will be responsible for the depreciation of the value of the product(s) resulting from manipulations (other than those necessary to establish the nature, characteristics and proper functioning of this product(s)).
Unless there is a legitimate reason, any claim made after 14 (fourteen) days following receipt of the Products will be considered inadmissible and H&H France cannot be held liable. In the event of abnormal or abusive returns, H&H France may refuse to serve a subsequent order.
For health and safety reasons, only intact and unopened Products whose packaging has not been altered will be returned, The Products must be properly protected, in their original packaging, in perfect condition, suitable for resale, with all possible accessories, instructions for use and documentation as well as the corresponding invoice. These conditions are cumulative.
5.3. Refund. Subject to the foregoing and in accordance with Article L. 221-24 of the French Consumer Code, H&H France will reimburse the Customer for all sums paid for the returned Products, including delivery costs, no later than fourteen (14) days from the date on which H&H France receives the return package.
H&H France will reimburse the Client using the same means of payment as that used for the original transaction, unless the parties expressly agree otherwise.
This refund will not incur any costs for the Customer, apart from the costs of reshipment which will be borne by him.
H&H France may defer the refund until the product has been collected or until the Customer has provided proof of shipment of this product.
5.4. Address. Parcels and documents returned by the Client to H&H France under this Article 5 will be sent to the following address:
- Email: biostime-nosmarques@hh.global
- Postal address for returning parcels: Kuehne + Nagel, 7 rue des Portières, 49124 St Barthelemy D'Anjou.
ARTICLE 6 – PERSONAL DATA
6.1. Data processing. The Client's personal data is subject to automated collection and computer processing intended, in particular, for the performance of the contract, for commercial prospecting activities and for H&H France's compliance with all its legal, regulatory and contractual obligations.
As such, H&H France is considered to be a data controller within the meaning of both European and French regulations applicable to the protection of personal data.
In accordance with the French Data Protection Act of 6 January 1978, as amended, and the applicable European regulations, the Client has certain rights regarding their data processed by H&H France.
For more information on the methods of processing their personal data and the exercise of their rights, the Client may refer to the Privacy and Personal Data Protection Policy, the link to which appears at the bottom of the home page on the Website.
H&H France has a Data Protection Officer who can be contacted by email at security@hh.global.
At the time of registration on the Site, by ticking the box "Subscribe to the Newsletter", the Customer agrees to receive emails and SMS for commercial purposes from H&H France and the other brands of the group.
6.2 Online reviews: H&H France allows its Customers to publish reviews on products, either directly on the site or via the partner Avis Vérifiés.
By publishing a review, the Client understands and accepts that it is publicly published on the site and is accessible to any user, and possibly to Internet users outside the site, via referencing on search engines, and is used by H&H France for promotional purposes, by any means and on any medium, especially social networks.
H&H France does not moderate online reviews.
ARTICLE 7 – MISCELLANEOUS PROVISIONS
7.1. Order Support and Tracking. For any questions relating to the follow-up of their order or the warranty of the Products, the Customer can contact H&H France's after-sales service by email at the following address: biostime-nosmarques@hh.global or by telephone by calling the toll-free number 01 84 87 52 79.
7.2. Maintenance and after-sales service. The routine maintenance of the products and accessories purchased on the Site as well as their cleaning are the responsibility of the Customer.
7.3. Changes to the general conditions. H&H France reserves the right to modify these general terms and conditions at any time by publishing a new version which will be applicable to any order placed after it has been first posted on the Site.
7.4. Completeness: In the event that any provision hereof is deemed or declared void or unwritten, the remaining provisions shall remain in full force and effect.
7.5. Liability. In accordance with Article L. 221.-15 of the Consumer Code, the professional is automatically liable for the obligations resulting from the contract concluded at a distance.
However, H&H France may exonerate itself from any liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
7.6. Storage. For ten (10) years from the confirmation of the Client's order, H&H France ensures the storage of the T&Cs and all commercial information that has been communicated to the Client before and after the order. The Client may obtain a copy of these documents by sending his request to: Health & Happiness France, 105 rue Anatole France – 92 300 Levallois-Perret.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code
The processing and dispatch of these documents by post or e-mail will be invoiced to the Client on a fee-for-service basis at a unit price of ten (10) euros.
7.7. Contribution to the EPR sector. H&H France contributes annually to the financing of the recycling of items marketed by paying a contribution to the eco-organisation REFASHION.
The SYDEREP Unique Identifier (IDU) FR000875_11KTGS attesting to the registration in the register of producers of the TLC (Textiles, Household Linens, Shoes) sector, pursuant to Article L.541-10-13 of the Environmental Code, has been assigned by ADEME.
This identifier attests to H&H France's compliance with its obligation to register in the register of TLC producers and to make its declarations of placing on the market with REFASHION.
7.8. Mediation & Dispute Resolution Consumer
7.8.1. Mediation:
If, despite the Client's efforts (which must include at least one written complaint - well-founded and not abusive - sent in writing to the H&H France Consumer Service, either by email to the email address biostime-nosmarques@hh.global, or by post to the following address: H&H France, 105 rue Anatole France – 92 300 Levallois-Perret. If a disagreement persists, you can refer the matter to the FEVAD Mediator:
- by post to the following address: M. The Mediator of the FEVAD - 60 rue la Boétie - 75008 Paris;
- or by filling out a form directly on the FEVAD website, which can be accessed directly: http://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso.
H&H France adheres to the Code of Ethics of the FEVAD (Federation of E-commerce and Distance Selling) and the E-commerce Mediation System.
This referral is free of charge and confidential. It is possible for the Client, at its own expense, to be assisted by a lawyer and to seek the opinion of an expert. It allows a dispute to be settled amicably without going to court.
Nevertheless, the Client is free to accept or reject the solution proposed by the Mediator and may at any time have recourse to the competent court. The Mediator has a maximum period of 90 days from the date of notification by the Client to rule on the dispute, with the possibility of extending this period, at any time, by immediately notifying the parties, if the case is complex.
7.7.2 Online Consumer Dispute Resolution (ODR):
In accordance with the law, and more particularly Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, H&H France informs the Customer that there is a European platform for the resolution of online disputes between e-merchants and consumers.
The link to the said platform is as follows: http://ec.europa.eu/consumers/odr/.
7.8. Governing Law and Jurisdiction. These T&Cs are subject to French law.
Any dispute relating to the execution of an order is also subject to French law.
In the event of a dispute relating to the interpretation or execution of the agreements agreed between the Client and H&H France, an amicable solution will be sought before any legal recourse. In accordance with the provisions of Articles L. 611-1 et seq. of the French Consumer Code, the Client has the right to have recourse free of charge to the above-mentioned mediator for the amicable resolution of the dispute, after an initial written complaint to the H&H France Consumer Service.
The prior search for an amicable solution does not interrupt the time limits for bringing a warranty action.
In the absence of an amicable agreement and in accordance with the provisions of Article L. 141-5 of the Consumer Code, the competent court will be, in addition to the court with territorial jurisdiction under the Code of Civil Procedure, at the choice of the plaintiff, either the place where he lived at the time of the conclusion of the contract, or the place where the harmful event of the product(s) occurred.
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Partial reproduction of the above-mentioned articles in Article 8.2 Guarantees in the event of a non-conforming Product
(1) Article L217-4 of the Consumer Code:
"The seller delivers goods that comply with the contract and is 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, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility. »
(2) Article L217-9 of the Consumer Code:
"In the event of a lack of conformity, the buyer chooses between repairing and replacing the property. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the property or the extent of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer. »
(3) Article 1641 of the Civil Code:
"The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is 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 of them."
(4) Article 1644 of the Civil Code:
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price reimbursed, or of keeping the thing and having part of the price reimbursed."
ANNEX
For the attention of: biostime-nosmarques@hh.global if you wish to withdraw by e-mail or by post to H&H France – Consumer Service, 105, rue Anatole France, 92 300 LEVALLOIS-PERRET.
I hereby notify you of my withdrawal from the contract relating to the sale of the following good or goods:
-Name(s) and reference(s) of the article(s):
-Ordered on:
-Received:
- Order number:
Name of the customer who placed the order:
Address of the customer who placed the order:
Signature of the client in case of notification of this form on paper:
WITHDRAWAL FORM
Attention:
By post: send the form to the following address:
Health & Happiness France
Customer Service
105, rue Anatole France
92 300 Levallois-Perret
Please note that if the form is sent with the Products, it should be sent to:
Kuehne + Nagel
7 rue des Portières
49124 St Barthélemy D'Anjou
By email: send the form to the following email address:
I/us (*), the undersigned(s) (name of the customer who placed the order): . .
We hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product(s) below:
Item name(s) and reference(s):
Ordered on:
Received:
Order No.: .
Customer Number: . . .
Address of the customer(s) placing the order: . .
CLIENT SIGNATURE:
DATE:
(*) Cross out the unnecessary mention