Terms of Sales

1. PREAMBLE

These general conditions of sale (hereinafter " GTC ") govern the sale of products from the company NUTRISPIR AH, a simplified joint-stock company with capital of 108 euros, whose registered office is located at 8 Allée JM Phily, 69 300 CALUIRE and registered with the RCS of Lyon under number 917 417 685 (hereinafter "Nutrispirah"), to any consumer, as defined by the Consumer Code (hereinafter the " Customer ").

Nutrispirah® and the Customer are hereinafter collectively referred to as the “ Parties ” or individually as the “ Party ”.

Nutrispirah is a specialist in the specialized online sale of food supplements based on Spirulina and its active ingredient Phycocyanin. The Products (as defined in Article 2 of the GCS) are marketed in different sizes individually or in the form of a "Pack" via the nutrispirah® merchant website accessible at the address https://www.nutrispirah .com/ (hereinafter the “Site”).

2. Scope

The T&Cs constitute binding contractual stipulations defining the terms under which nutrispirah® markets and distributes the Products to Customers. These are the only contractual stipulations applicable between nutrispirah® and the Customer. No special condition or other general condition of purchase issued by the Customer may, in the absence of express written acceptance by nutrispirah®, prevail over the GCS. Documents such as advertisements, prospectuses or catalogs have only indicative value and are not binding on nutrispirah®.

The T&Cs apply without restriction or reservation to all contracts entered into between nutrispirah® and the Customer, unless expressly agreed in writing between the Parties. Thus, any condition set by the Customer will be unenforceable against Nutrispirah, in the absence of express acceptance by the latter, regardless of when this condition may have been brought to its attention.

The T&Cs are systematically communicated to the Customer before placing an Order (as defined in Article 3 of the T&Cs). The Customer acknowledges having read the T&Cs before placing an Order. The validation of the Order will be worth full and entire acceptance of the CGV without reserve of the Customer.

The T&Cs may be subject to change at any time, the applicable T&Cs are those in force on the date the Order is placed.

3. Pre-contractual information

Pursuant to Article L.221-5 of the Consumer Code, the Customer acknowledges having read, prior to the validation of the order, in a readable and understandable manner, the GCS and all the necessary information including in particular :

• The essential characteristics of the Products, as well as their various components;
• The price including VAT of the Products;
• Information specific to the nature of the components used in the manufacture of the Products;
• The various possible additional costs if necessary;

Nutrispirah® also communicates additional information to the Customer, in particular that concerning the various certifications and standards for which the Products are certified in order to guarantee a high level of protection for the Customers.

2 – PRODUCTS

Within the meaning of the GCS, the term " Product " refers to the products presented on the nutrispirah® Site intended for Customers accompanied by a description allowing Customers to know their essential characteristics, their price and the delivery time of the Product.

Nutrispirah® reserves the right to modify freely, at any time and without notice, the range of Products sold within the framework of its activity.

3 – ORDER

3.1. Methods of placing the Order

3.1.1. The order of the Products (hereinafter the " Order ") must be made online on the Site. The placing of an Order requires the Customer to express his free and informed consent to nutrispirah®, which is expressed through his express acceptance of these GCS.

The Customer must select the desired Products in order to add them to his basket. Once all the desired Products have been selected, the Customer confirms the contents of his basket and proceeds to the Order.

3.1.2. When the Customer benefits from a personal space on the Site, he can identify himself in the part reserved for this purpose by indicating his e-mail address and password before placing the Order.

If the Customer does not have a personal space, he will be able to create it during the placing of the Order if he wishes by completing the online registration form and filling in all the mandatory fields. reported. In this context, the Customer declares and guarantees that all information provided to nutrispirah® is complete, exact and precise, and undertakes, as far as necessary, to update the said information concerning him, so that the latter remain complete and accurate.

Access to the personal space will allow the Customer to follow the orders in progress, to consult the history of the orders previously carried out, and to exchange with nutrispirah® in the event of a problem concerning one of the Products ordered. The Customer acknowledges and accepts that his username (email address) and his password are strictly personal, and must not be communicated to third parties under any circumstances. The Customer is solely responsible for any use or action carried out from his account on his personal space.

It is expressly understood that the Customer remains free to order from nutrispirah® without having to create a personal space, it being nevertheless specified that the Customer undertakes to provide the information required by nutrispirah® for the placing and management of the Order, this including his identity and contact details necessary for the delivery of the Products covered by the Order.

3.1.3 . When placing the Order, the Customer must declare that he has read and accepts the GCS before validating it by checking the box " I have read and I accept the general conditions of sale " before proceeding to payment. of the order.

Once the Customer has filled in and verified all the information requested by nutrispirah®, the Customer must finally validate his order by clicking on “Next step” and enter a valid means of payment. The Customer is then redirected to a new page containing the summary of the Order, so as to be able to check the content of his Order prior to its final validation.

At this stage, nutrispirah® thus invites the Customer to carefully check the details of the Order in progress, which more particularly contains:

• Information relating to the Products selected by the Customer;
• Customer's personal information;
• Information relating to the chosen delivery formula
• The total price at the price including VAT (all taxes included), as well as the payment method entered by the Customer.

If, after having read the summary of the Order, the Customer agrees with the terms and conditions for placing it, he must confirm the payment to definitively validate his Order.

This second click constitutes an electronic signature. This signature has the value of acceptance between the Parties in the same way as a handwritten signature.

Payment and validation of the Order by the Customer therefore implies acceptance of the GCS without reservation.

3.1.4. However, the Order only becomes final after full payment of the price of the Order by the Customer and its acceptance by nutrispirah®, a step materialized by the sending of a confirmation email to the Customer.

This Order confirmation email includes the amount invoiced and paid by the Customer, the list and quantity of the Products ordered, the delivery time and terms, as well as a link giving access to the T&Cs and the standard form of withdrawal.

The Customer acknowledges and accepts that by confirming the Order, he expressly authorizes nutrispirah® to debit his bank account, associated with the means of payment entered during the Order. The Order is recorded in the computerized registers of nutrispirah®, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. It is specified that nutrispirah® has signed a distance selling contract with its bank. The banking transaction is secure and, in no way, nutrispirah® retains banking information about the Client.

On the other hand, in the absence of confirmation of the Order within forty-eight (48) hours, the contract concluded between Nutrispirah and the Customer is automatically canceled and each of the Parties is released from its obligations. In particular, the Customer is assured that his bank account will not be debited.

In the event of the unavailability of a Product after placing the Order, nutrispirah® informs the Customer by sending an email and the Order will be automatically cancelled. The Customer's bank account will not be debited.

3.1.5. A summary of the Order information is sent to the Customer, in PDF format, via the Order confirmation email. Nutrispirah® therefore undertakes to deliver the Products within the target period.

3.1.6. By accepting the T&Cs, the Customer accepts that the invoice for his Order will be made available to him in a dematerialized manner in his customer area, as well as by e-mail.

3.1.7. Notwithstanding the foregoing, nutrispirah® reserves the right not to confirm an Order due to incomplete Customer information, a dispute relating to the payment of a previous Order or for any other breach of the GCS, without the Customer being able to claim any compensation for any reason whatsoever.

3.2. Modification of the Order

Any modification or cancellation of the Order requested by the Customer can only be taken into consideration if it has been received in writing before the Products are shipped and has been expressly accepted by nutrispirah® by email addressed to the Customer within twenty-four (24) hours from the change request. If one of the conditions is not met, the Products initially ordered will be shipped as initially planned and must give rise to payment.

4 – PRICE AND PAYMENT

4.1. Price

The purchase price of the Product is set by nutrispirah®. It is mentioned in euros all taxes included (TTC) on the Product description sheet, but excluding delivery costs. These are added before the validation of the Order according to the scale indicated by nutrispirah® on the descriptive sheet. The prices indicated take into account the VAT applicable on the day of the Order.

The price of the Product is subject to change at any time and without notice by Nutrispirah.

4.2. Payment terms

Payment for the Order is made online in cash by bank card (Visa, MasterCard and other bank cards) when the Order is placed. The debit of the credit card used by the Customer will be made at the time of validation of the Order, in accordance with the methods described in article 3.

The fact of validating the Order implies the obligation for the Customer to pay the price indicated.

As part of the placing of the Order, the Customer agrees to have all the necessary authorizations for the purposes of using the bank card intended for payment of the Order on the Site.

5 - AVAILABILITY AND DESCRIPTION OF PRODUCTS

The nutrispirah® product offers are valid within the limits of available stocks.

The Customer is informed that the characteristics of the Products may be modified, which will be indicated when placing the Order in order to allow the Customer to confirm the Order in full knowledge of the facts.

Nutrispirah® reserves the right to modify the assortment of Products offered at any time.

6 – DELIVERY, TERMS, DEADLINES

6.1. Time limit

6.1.1. The delivery times indicated to the Customer when placing the Order are given as an indication and cannot give rise, in the event of delay, to any compensation for the benefit of the Customer. They run from the acceptance of the Order by Nutrispirah and are expressed in working days.

6.1.2. In the event of late delivery, nutrispirah® will immediately inform the Customer and communicate to the Customer a new delivery time. No resolution of the Order may be requested before the expiry of a period of thirty (30) days from the date of validation of the Order by nutrispirah®. The request for termination of the contract must be made by the Customer, by any written means with acknowledgment of receipt and will give rise to the reimbursement of the price paid by the Customer.

The resolution will take effect on the day of receipt of the request by nutrispirah® provided that the Products have not been delivered prior to the date of receipt of the mail.

6.1.3. Nutrispirah® cannot be held liable for loss, damage, errors or non-delivery of a shipment once it is established that there are circumstances beyond its control. By "circumstances beyond his control", we mean in particular:

• Fortuitous events or force majeure, namely in particular: earthquakes, cyclones, storms, floods, wars, road, train and plane accidents, embargoes, etc.
• Any act, deficiency or negligence of the Customer upon receipt of the Order.

6.2 Delivery

6.2.1 . Unless expressly stipulated otherwise, transport is carried out at the Customer's expense by the carrier chosen by nutrispirah®.

6.2.2. Unless otherwise indicated, the Products are shipped from the premises of the service provider appointed by nutrispirah®, located in Saint Quentin Fallavier - 38070, and travel at the risk and peril of nutrispirah® notwithstanding the retention of title clause of nutrispirah®, as stipulated below.

The transfer of risks takes place at the time of the physical delivery of the Products to the Customer by the carrier chosen by nutrispirah®.

6.2.3. The packages are prepared and packaged by nutrispirah® in closed, resistant packaging, appropriate to the content and transport requirements.

6.2.4. The Customer is responsible for the particulars relating to the name and address of the recipient, which must be precise, exact and complete (code of the floor door, telephone, etc.) to allow delivery under normal conditions. Nutrispirah® cannot be held responsible for a return delivery due to an error in the address or an impossibility to deliver to the address indicated. If the return of delivery or the impossibility to deliver is due to a lack of information or an error of address, the new delivery may be invoiced in full to the Customer.

6.2.5. It is up to the Customer to check in the presence of the delivery person the state of the packaging as well as the contents of the package(s) on delivery, to reconcile the quantity and references delivered with the summary of the Order. If necessary, the signature of the delivery receipt will imply acceptance by the Customer in the event that the package is delivered directly to the Customer by the delivery person.

It is the Customer's responsibility to make all the usual observations and reservations to the carrier in the event of loss or damage during transport by registered letter with acknowledgment of receipt or by extra-judicial act within three (3 ) days from receipt of the Products, in accordance with the provisions of Article L.133-3 of the Commercial Code.

Any anomaly, missing Product or degradation occurring during delivery must be reported, as far as possible, on the delivery note in the form of detailed reservations and confirmed by registered letter with acknowledgment of receipt addressed to nutrispirah® within forty-eight (48 ) working hours after receipt of the package, failing which the complaint cannot be accepted. Nutrispirah® will carry out the necessary investigation steps with the carrier in order to determine the cause of the occurrence of the damage and, if necessary, will send a new package in accordance with the order made by the Customer, through another carrier.

If a package arrives at the Customer damaged, the Customer must refuse the package as much as possible. The carrier will be responsible for informing nutrispirah®. Upon receipt of this information, nutrispirah® undertakes to immediately resend an identical package to the Customer. The Customer cannot demand reimbursement of the Product and the delivery package once a new package has been reshipped by Nutrispirah.

In the event that the Customer has not had the possibility of refusing a package and that one or more of the Products are damaged, the Customer must contact nutrispirah® at the address contact@nutrispirah.fr in order to agree on a new shipment of the damaged Product(s) as part of the after-sales service. Damaged Products may also be subject to a refund of the corresponding amounts in the event that the Customer returns the items to Nutrispirah.

6.2.6. In the event of the absence of the Customer or of a person unable to take possession of the Products upon delivery, the carrier will leave, where applicable, a delivery notice at the delivery address specifying the methods of withdrawal of the Order.

6.2.7. Nutrispirah® reserves the right to make partial deliveries.

6.3. Reception

Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects must be made in writing within thirty (30) days of delivery of the Products, on pain of foreclosure.

It will be up to the Customer to provide any justification as to the reality of the defects or anomalies observed. He must allow nutrispirah® every facility to proceed with the observation of these defects and to remedy them. The Customer shall refrain from intervening itself or having a third party intervene for this purpose.

This complaint must be substantiated and accompanied by proof of the damage suffered (Purchase Order, photo of the Products delivered, etc.). After the analysis and formal acceptance of the complaint by nutrispirah®, the Customer may return the Products in their original packaging and may obtain the free replacement or reimbursement of the Products, at nutrispirah®'s choice, excluding of any indemnity or damages.

Under the guarantee, the only obligation incumbent on nutrispirah® will be the free replacement or repair of the Product or of the element recognized as defective by its services. Any Product called upon to benefit from the guarantee must in fact first be submitted to the nutrispirah® after-sales service, whose agreement is essential for any replacement. Any shipping costs are the responsibility of the Customer when this warranty is not applicable.

7. RIGHT OF WITHDRAWAL

7.1. Withdrawal period

In accordance with the legal provisions of the Consumer Code in force, the Customer has a period of fourteen (14) days from receipt of the Product(s) ordered by the Customer or a third party, other than the carrier, designated by him.

In the context of an order relating to various Products delivered separately, the period runs from the receipt of the last Product.

7.2. Modalities for exercising the right of withdrawal

7.2.1. In order to exercise his right of withdrawal, the Customer must inform nutrispirah® of his choice to withdraw by sending, before the expiry of the aforementioned period, the withdrawal form provided by nutrispirah® or any other declaration expressing his choice. .

7.2.2. The Customer must return, by post, the Products ordered to nutrispirah® or to a person designated by the latter within a reasonable time, and at the latest within fourteen (14) days following the communication to nutrispirah® of its decision to retract.

The Customer must send the Product(s) to the address indicated by nutrispirah®.

7.2.3. Returns must be made in their original condition and complete (packaging, accessories, etc.) in packaging identical to that used during shipment.

7.2.4. The Customer must attach proof of purchase such as a copy of the invoice or delivery note.

7.3. Repayment

7.3.1. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the returned Product(s) and the shipping costs corresponding to this (these) Product(s) will be ) reimbursed by nutrispirah®.

The costs of returning the Products remain the responsibility of the Customer unless otherwise agreed by nutrispirah®.

7.3.2. Reimbursement for the benefit of the Customer will take place within a reasonable time, and at the latest within fourteen (14) days from the date on which nutrispirah® is informed of the Customer's decision to withdraw. It being specified that biotyfood® may defer the date of reimbursement until recovery of the returned Product(s) or until the Customer has provided proof of shipment of the Product(s) to nutrispirah®, the date chosen being that of the first of these events.

7.3.3. Nutrispirah® will make the refund using the same means of payment as that used by the Customer for placing the Order.

8 – GUARANTEES

8.1 Legal guarantee of conformity: compliant delivery of the Products

8.1.1. Nutrispirah® guarantees the conformity of the Products with the specifications appearing on the Product sheets published on the Site, as well as with the information contained in the summary of the Order sent by email to the Customer.

In accordance with the legal provisions in force relating to the conformity of the Product with the contract (articles L. 217-1 and following of the Consumer Code), the Products not corresponding to the Order and/or to the characteristics mentioned on the Product sheets published on the Site will be refunded or exchanged at the Customer's option.

8.1.2. The Customer may invoke the non-conformity of the Product(s) within two (2) years from the delivery of the Product(s).

8.2. Legal warranty against hidden defects

8.2.1. Nutrispirah® guarantees the absence of hidden defects in the Product rendering it unfit for the use for which it is intended.

As such, and in accordance with the legal provisions in force relating to hidden defects of the thing sold (articles 1641 and following of the Civil Code), the Products unsuitable for the use for which the Customer intended them will be refunded or exchanged at the Customer's choice.

8.2.2. The Customer may invoke a hidden defect in the Product(s) within two (2) years from the discovery of the defect, and within a maximum period of five (5) years from the delivery of the Products. He must nevertheless prove that the defect on the Product existed at the time of purchase, that it was hidden and that it renders the product unusable.

8.3. Procedures for exercising guarantees

8.3.1. The legal warranty action against hidden defects must be exercised by the Customer with nutrispirah® by registered letter with acknowledgment of receipt accompanied by supporting documents: delivery note, purchase invoice, etc. The Product(s) ordered must be returned by the Customer including all the elements of the Product(s), in packaging allowing transport in good conditions.

The shipping costs will be reimbursed to the Customer on the basis of the invoiced price and the return costs will be borne by nutrispirah®.

8.3.2. In the event that the Customer chooses the refund of the non-compliant or defective Product(s), the refund will be made by the same means of payment as that used by the Customer for placing the Order.

8.3.3. These guarantees are applicable without prejudice to the right of withdrawal provided for in the previous article “ Right of withdrawal ”.

9 – RESPONSIBILITY

The responsibility of nutrispirah® can in no way be engaged in the event of non-compliance of the Products with standards and regulations which would come into force after their delivery, in the event of poor storage, storage, handling of the products by the Customer or by a third parties, in the event of use of the Products under abnormal conditions.

The liability of nutrispirah® under the obligations of these GCS cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable or to the fault of the Customer.

In any case, the responsibility of nutrispirah® is limited to the replacement of defective Products or to the compensation of the Customer up to the price of the Products, in compensation only for the direct damage possibly suffered by the Customer of which it would be the cause, and to the exclusion of any other indemnity.

The treatment, transformation or change of packaging of the Products by the Customer constitutes a waiver of recourse against nutrispirah®, for any reason whatsoever.

10 – RETURNS

Without prejudice to the cases of withdrawal or implementation of the aforementioned legal guarantees, any return of a Product must be subject to an agreement under the conditions referred to in article 6.3 “ Receipt ” of the GTC.

Any Product returned without this agreement will be made available to the Customer and will not give rise to the establishment of a credit note or reimbursement.

The carrier is chosen by nutrispirah®, or failing that, by the Customer.

In any case, no return sent more than thirty (30) days from receipt of the Product will be accepted.

The costs and risks of the return are always the responsibility of the Customer. All returns must be sent to the logistics provider located in Saint Quentin Fallavier - 38070, unless otherwise agreed by nutrispirah.

Any return by nutrispirah® will result in the creation of a credit note for the benefit of the Customer, valid for a period of three (3) months from its establishment, after qualitative and quantitative verification of the returned Products.

Only the return of a complete Order will be accepted, in perfect condition, in its original packaging, accompanied by the invoice and a return form to be attached to the package.

11 – RETENTION OF OWNERSHIP

The transfer of ownership of any Product is subject to full payment of the price in principal and incidentals, it being specified that payment is deemed to take place on the day of effective receipt of the sums by nutrispirah®.

The above provisions do not preclude, from the delivery of the Products to the Customer by the carrier, the transfer of risks borne by the Customer (in particular the risk of loss, deterioration, and damage caused by the Products shipped).

12 – PERSONAL DATA

The personal data of Customers likely to be collected by nutrispirah® in the context of the execution of the Order are collected under the conditions provided for by the regulations relating to the protection of personal data, i.e. the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“ GDPR ”) and law n°78-17 of January 6, 1978 as amended relating to data processing, files and freedoms (“ LIL ”) ).

Personal data is only kept for the sole purpose of managing the commercial relationship, including the execution of Orders, payment, delivery and any applicable guarantees. The data controller is nutrispirah®. Access to personal data is strictly limited to employees of the data controller, authorized to process them by reason of their duties. The information collected may possibly be communicated to third parties bound to nutrispirah® by contract for the performance of subcontracted tasks and for the sole purposes provided for in these GCS, without the need to obtain the Customer's prior consent.

Nutrispirah® is committed to preserving the confidentiality and security of Customers' personal data and to implementing technical and organizational measures to achieve this. This obligation is also incumbent on its subcontractors.

The customer may at any time exercise his rights of access, rectification, erasure, limitation of processing, portability of data concerning him as well as the right to oppose processing for legitimate reasons, by contacting the data controller at the following postal or email address contact@nutrispirah. en . He can also lodge a complaint with the competent supervisory authority (in France, the Commission Nationale de l'Informatique et des Libertés - the "CNIL") if he considers that the processing implemented by nutrispirah® constitutes a violation of his rights on his data.

Customers' personal data is kept for a period of three (3) years from the last exchanges with nutrispirah® then archived for the legal archiving period for the purposes of proof for the observation, exercise or defense of a right to justice, then will be deleted by nutrispirah® at the end of this period.

For more information on the processing of his personal data, the Customer is invited to consult the nutrispirah® privacy policy accessible at the following address: ( link to the privacy policy ).

13 – FORCE MAJEURE

In the event of the occurrence of any event beyond the control of nutrispirah® preventing or delaying the delivery of the Order assimilated to a case of force majeure within the meaning of article 1218 of the Civil Code, such as in particular in the following cases: riot, war, epidemic, pandemic, administrative measure restricting freedom of assembly or movement, attack, embargo, event impacting the production or packaging of the Products by the supplier (lockout, strike, fire, flood, damage to equipment, accident, etc.), and more generally any unforeseeable event beyond the control of nutrispirah® making it impossible or more expensive to manufacture, prepare, store, deliver or perform the normal Order within the time limits set, nutrispirah® will be entitled to suspend or cancel the Order concerned or to delay its execution, without any claim for penalties or damages being able to be opposed to it in application. on of article 1218 of the Civil Code.

14 – INVALIDITY – SEVERABILITY

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

Nutrispirah® will proceed without delay to the necessary modifications while respecting, as far as possible, the spirit of the GCS.

15 - WAIVER

The fact that nutrispirah® or the Customer does not take advantage of one or more stipulations of the GCS cannot in any case imply the renunciation by one or the other to take advantage of them later.

16 – CUSTOMER ACCEPTANCE

These GCS are expressly approved and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase, which will be unenforceable against nutrispirah®, even if he was aware of it.

17 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION

The relations between the Parties are governed by French law.

The Parties undertake to submit any dispute relating to these T&Cs, their interpretation, their validity and/or their execution to an attempt at amicable resolution.

The Customer is informed of the possibility of having recourse free of charge, in the event of a dispute, to a conventional mediation procedure proposed by nutrispirah® (Mediator of consumption FEVAD – BP 20015 – 75362 PARIS CEDEX 8) or to any other alternative method of payment of disputes, in accordance with articles L.612-1 and L.612-2 of the Consumer Code.

In the event of failure of the attempt at amicable resolution, at the end of a period of two (2) months, from the first notification relating to the dispute, the latter will be subject to the jurisdiction of the courts materially and territorially competent by the most diligent Party.