Terms of sale
1. SCOPE
These General Terms and Conditions of Sale apply to all commercial transactions concerning products sold by SAS VITALYS on its website, to the exclusion of all other conditions (unless expressly agreed upon in writing by the parties). The act of placing an order through the VITALYS-PARIS.com website or any other means provided to you implies acceptance of the general conditions reproduced below.
2. DEFINITIONS
The terms used in these general conditions or on the SAS VITALYS website should be understood as follows:
2.1. The website of SAS VITALYS on which the products are presented and sold to customers.
2.2. Customer: any natural or legal person, legally capable, holding a prescription, who places an order for product(s) through the SAS VITALYS website.
2.3. Order: request for the conclusion of a sales contract by the customer between SAS VITALYS and the customer of the online sales site concerning the products presented by SAS VITALYS.
2.4. Products: all goods offered for sale by SAS VITALYS through its website.
2.5. Transaction: all operations, secure processing, authorizations, and agreements inherent in the payment of products ordered by credit card or any other virtual transaction method offered on the site.
3. ACCEPTANCE OF TERMS
The customer acknowledges having read these general terms and conditions of sale and declares, by placing an order, to expressly accept them without reservation. The validation of the order and its payment implies acceptance of the general terms and conditions of sale.
4. ORDERS
4.1. All information provided by the customer when entering data related to their order is binding. SAS VITALYS cannot be held responsible for errors made by the customer in the delivery address (including delivery and billing addresses) and for delays in delivery or inability to deliver the products ordered due to such errors.
4.2. Automatic recording systems serve as proof of the nature, content, and date of the order.
4.3. Upon receipt of the order request, SAS VITALYS confirms the customer's order acceptance by sending a confirmation message to the email address provided by the customer when registering the order. The sale will only be concluded upon payment of the said order, except in the case of "Cash on delivery" payment.
4.4. Generally and without the need for justification, SAS VITALYS reserves the right to refuse or cancel any order from a customer, particularly in the event of payment issues with the concerned order or a dispute related to the payment of a previous order.
4.5. If the ordered product is not or no longer immediately available, SAS VITALYS will inform the customer of the delivery time. If the provided time does not satisfy the customer, they may choose to modify or cancel their order.
4.6. Only legally capable individuals can place an order.
5. DELIVERY
5.1. After order confirmation and payment acceptance by the transaction processing entity, SAS VITALYS commits to shipping the ordered products to the delivery address within a generally expected timeframe of:
- 1 to 2 business days for Belgium,
- 2 to 4 business days for France,
- 1 to 2 business days for Luxembourg.
Delivery times are indicative and informative; they depend notably on the availability from our suppliers and carriers. SAS VITALYS strives to respect indicated delivery times based on the reference logistic time in the industry. Even with written acceptance of firm deadlines, SAS VITALYS is automatically released from any deadline commitments in the following cases: technical issues, supplier failures, stock shortages, carrier failures, force majeure, fortuitous events, inaccurate or missing information provided by the customer, delayed requests by the customer, lack of payment or incomplete payment, customs formalities delays. If SAS VITALYS is unable to provide the ordered product, we will inform you in most cases at the time of the order.
Please note that we cannot be held responsible in case of a strike.
5.2. By placing an order, the customer agrees to pay upon receipt of the goods all present and future taxes, duties, charges, and other fees due for the delivery of the ordered products. SAS VITALYS' joint responsibility cannot be engaged in this regard.
5.3. Upon receipt of the ordered products, the customer or recipient must verify the good condition of the delivered product and strictly follow the prescribed dosage by their therapist.
5.4. If a package is not received despite multiple delivery attempts (including an attempt with a notice left for retrieval or contact with the carrier), it will be returned to SAS VITALYS, and the recipient will be informed. An additional delivery can be requested by the buyer, who will bear the costs (even if the first shipment was made free of charge).
5.5. Customers or recipients of the products are prohibited from reselling the products, in whole or in part.
5.6. The risk of loss or damage to parcels and products delivered by SAS VITALYS following an online or phone purchase is transferred to the customer only when they (or a designated third party) take physical possession of these products.
6. RIGHT OF WITHDRAWAL
6.1. In accordance with current legislation for distance selling, the customer has the right to withdraw from their purchase without penalties and without providing any reason. The customer has a period of 14 calendar days from the receipt of the ordered products to return them to SAS VITALYS for an exchange or refund.
6.2. To obtain a refund or exchange, the customer must return at their expense and under their responsibility, the new products (with the delivery note) in their original, intact packaging to the following address: SAS VITALYS, 3 Chem. de la Grande Sente, 95390 Saint-Prix.
6.3. SAS VITALYS commits to refunding the amounts paid by the customer within 4 weeks excluding shipping and other refund fees (shipping fees depending on the sending country + a flat refund fee of €5) if the conditions described in point 2 are met. The refund is made within a maximum of 14 calendar days from the receipt of the goods at our premises.
7. PAYMENT
7.1. The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT. This price includes the price of the products, handling, packaging and storage fees, and shipping costs.
7.2. SAS VITALYS reserves the right to change product prices at any time. However, products are billed based on the rates in effect at the time of order registration.
7.3. The price of the products is payable in cash by one of the payment methods offered on the site on the day of the order.
7.4. The order validated by the customer only becomes effective when the secure payment center and the secure payment platform WORLDLINE® have given their consent for the execution of the transaction. In case of refusal by the payment center, we invite customers to contact their financial institution for more information.
7.5. In case of fraudulent use of a credit card, irregular declaration, or anomaly, the details related to the order associated with this unpaid amount may be recorded in an incident payment file. The fight against credit card fraud and payment security is overseen by WORLDLINE®. SAS VITALYS cannot be held responsible in case of abusive use by a third party during an order.
8. LIABILITY
SAS VITALYS and its administrators can in no way be held responsible for:
- damages of any kind that could result from improper use of the marketed products,
- product modifications made by manufacturers.
The liability of SAS VITALYS will, in any case, be limited to the amount of the order and cannot be questioned for simple errors or omissions that may have persisted despite all the precautions taken in presenting the products. The customer must always follow their therapist's prescription. Under no circumstances can SAS VITALYS be held responsible for non-compliance with regulatory and legislative provisions in force in the country of reception. The possible liability of SAS VITALYS is exclusively limited to the value of the product in question, determined on the date of its sale.
If, due to force majeure, SAS VITALYS is unable to fulfill the obligations arising from these general terms and conditions of sale, these obligations will be suspended for as long as the circumstance constituting force majeure lasts without SAS VITALYS' liability being engaged.
9. PRIVACY
9.1. The collection of personal information for distance selling purposes is mandatory, as this information is essential for processing and delivering orders. Failure to provide this information results in the order not being validated.
9.2. SAS VITALYS complies with Luxembourg law regarding the processing of personal data, which takes into account the European directives of October 24. This law stipulates that the company collecting personal data must have the consent of the concerned person, the data must be accurate, and they must be collected for a specific, clear, and legal purpose. Every person must have access to their personal data and the right to modify them. In accordance with the law, the processing of personal information related to customers has been declared to the Commission for the Protection of Privacy. The customer has the right to access, modify, rectify, and delete their data, which they can exercise with SAS VITALYS. These modifications are only possible during business hours at the general phone number +33 (0)6 23 05 23 19 (Fr).
10. APPLICABLE LAW AND DISPUTE RESOLUTION
Texts, layouts, illustrations, photos, product sheets, and other elements on this site are protected by copyright and, in general, by property law principles. In case of difficulties in applying this contract, the customer and SAS VITALYS reserve the right to seek an amicable solution before any legal action. Failing that, Luxembourg courts in the direct environment of SAS VITALYS have exclusive jurisdiction. Contracts and all legal relations between the customer and SAS VITALYS are subject to Luxembourg law. For any dispute arising from these general terms and conditions of sale, Luxembourg law applies, and exclusive jurisdiction is attributed to Luxembourg courts.