Terms of Sales EAFIT.com

For the application of the present terms of sale, the term "Vendor" refers to the company EQUILIBRE ATTITUDE, a simplified joint stock company with a single shareholder (SASU) with a capital of 705 194,88 euros, registered in the Trade and Companies Register of Cannes under the number 384 201 554, whose registered office is located at ZAC du Font de l'Orme - 1198, avenue du Docteur Maurice Donat, 06250 MOUGINS, FRANCE, acting either on its own behalf or under a contract as commission agent in the name and on behalf of third parties (Laboratoire des Granions, Laboratoire Labcatal and Laboratoire Merle); and the term "Customer" refers to any person making a purchase on this Internet site (hereinafter the "Site"). For the application of the present document, it is agreed that the Customer and EQUILIBRE ATTITUDE will be collectively called the "Parties" and individually the "Party". The Customer declares to be of legal age or holder of a parental authorization and to have the legal capacity to contract and to place an order on the Site. It is specified that the products on sale on the Site (hereinafter the "Products") are reserved for private individuals and are intended for personal use by the Customer, without any connection with professional use by the Customer. Any order of a Product offered on the Site implies the Customer's adherence to the present general conditions of sale. The Seller can be reached on the contact form

ARTICLE 1 : SCOPE OF THE GENERAL SALES CONDITIONS

The present general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") apply, without restriction or reserve, to the sale of Product(s), between the Seller and the Customer, online from the Site. The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to other marketing channels for the Products. The General Sales Conditions are available at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document. EQUILIBRE ATTITUDE reserves the right to modify at any time the General Sales Conditions by publishing a new version on the Site. The General Terms of Sale applicable are those in force at the date of the order. Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions.

ARTICLE 2 : PRODUCTS

Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale. The offers of Products and prices are valid, within the limits of available stocks, as long as they are visible on the Site. The Customer is invited to consult the description of each Product to know its characteristics. The Products meet the standards that apply to them. In accordance with Article L.111-1 of the French Consumer Code, the Customer may, prior to placing an order, read the essential characteristics of the Product(s) he/she wishes to purchase on the Site by clicking on the Product, it being specified that the Products are described as accurately as possible.

ARTICLE 3 : CUSTOMER ACCEPTANCE

Any online order from the Vendor requires the express and prior acceptance, by effective validation ("click") of the present General Terms of Sale. With this validation, the Customer expressly recognizes that the present General Conditions of Sale are opposable to him and he renounces to take advantage of any contradictory document, which would be inopposable to the Salesman. The Customer also acknowledges that he/she is fully aware that his/her agreement to the content of the General Terms and Conditions of Sale does not require a handwritten signature of this document, as the sale is made by electronic means. The Seller reminds that, in application of article 1146 of the Civil Code, non-emancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by a person exercising parental authority over them and who is capable of contracting. Consequently, if an order was placed without having this required legal capacity, the legal persons in charge (parents, tutors...) would assume the whole responsibility of this order and will have to honor the price.

ARTICLE 4 : ORDER CONFIRMATION

Any order of Product(s) will be subject to a confirmation. The confirmation of the order will be materialized by sending an electronic message. The confirmation will intervene in the following double condition: Complete receipt of the price of the Products ordered. Validation of the order by the Seller. In the absence of validation within 48 hours, the full price of the campaign will be returned to the Customer. It is however specified that the orders recorded on the Site on Friday after 5:30 pm, on Saturday, Sunday or a holiday, are treated the next working day.

ARTICLE 5 : PRICE

The Products offered by the Vendor are sold at the prices in force at the time the order is registered by the Vendor, as shown on the Site. The prices are expressed in euros (€) and all taxes included (TTC). The prices take into account the VAT applicable on the day of the order. However, the prices are expressed excluding any costs inherent in the use of a secure payment service. These additional costs are to be borne by the Customer and are in addition to the price paid to the Seller. Prices are firm and non-revisable during their period of validity, as shown on the Site. An invoice shall be issued by the Seller and given to the Customer at the latest upon delivery of the Products ordered. The price depends on the Products ordered by the Customer. The Customer acknowledges that he/she has clearly read the price of each Product on the Website before placing his/her order.

ARTICLE 6 : ORDER

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer acknowledges that he/she has taken note, prior to ordering, of the following on the Website the different steps to follow to conclude the contract with the Seller; of the technical means allowing him, before the conclusion of the contract, to identify the errors committed in the seizure of the data and to correct them; the language proposed for the conclusion of the contract; in the event of archiving of the contract, the modalities of this archiving by the Seller and the conditions of access to the archived contract; the means of electronically consulting the professional and commercial rules to which the author of the offer intends, if necessary, to submit. The Customer selects on the Site the Products he wishes to order. In accordance with the provisions of Article 1127-2 of the Civil Code, the Customer acknowledges that he/she has been given the opportunity to check the details of his/her order and its total price, and to correct any errors, before confirming it to express his/her acceptance. The Seller shall acknowledge receipt of the order sent by the Customer without undue delay and by electronic means. The order shall be the subject of an e-mail confirming the contractual information relating to the Customer's order. The sale of the Products shall be considered final after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail and after full payment of the price of the Products by the Customer. All orders are firm and non-cancellable, subject to the provisions of Article 10 (withdrawal period).

ARTICLE 7 : PAYMENT

The price is payable, exclusively in euros, cash, in full on the day the order is placed by the Customer, according to the terms specified in Article 5 above. Except unavailability of the server, the Customer will have the choice at the time of the validation of his order between the following methods of payment: bank card, check, Paypal. In case of payment by credit card, as described on the payment module, the Customer will have to enter his card number, its expiration date, the name of the card holder and the visual cryptogram. Any fees requested by the Customer's bank remain the responsibility of the Customer, including in the event of a refund. Online payment by credit card is secured by the CIC: the Customer will be automatically redirected to the CIC website where he will make his payment. The CIC site guarantees a secure connection and the encryption of the Customer's confidential data. The Customer can verify this security by the presence of https:// and a padlock image in the address bar. In the context of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by the Vendor for the sole purpose of verifying the Customer's identity, the validity of the order, the method of payment used and the intended delivery. The Seller shall take all necessary steps to ensure a high level of security for the personal information that the Customer entrusts to the Seller when placing an order. However, it is also up to the Customer to be very vigilant by not communicating his login and/or password. In case of fraudulent use of this information, the Seller shall not be held responsible. The use of the Customer's login and/or password shall constitute proof of his identity. The final validation of the order and the provision of the credit card number and its cryptogram will be considered as proof of acceptance of the said order and therefore, due for payment of the sums committed to it. The computerized registers, kept in the computer systems of the Vendor or its service providers, will be considered as proof of the order and the resulting payments. The Customer acknowledges having read the General Terms and Conditions of Sale of the secure payment service and undertakes to respect them. In addition, the Customer acknowledges having read the following elements and agrees to abide by them without restriction: Any payment order must be made before 5:30 p.m. (local time of the country in which the account is registered) on a business day for the order to be taken into account on the same day. Otherwise, the effective date will be the next business day. The use of the payment service involves costs, which are fully charged to the Customer. Payments made for the service described herein are not eligible for any refund from the secure payment service. At no time, the sums paid can be considered as deposits, the sales contract being concluded firm. Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due. The Vendor shall not be obliged to supply the Products ordered by the Customer if the price has not been paid in full in accordance with the above conditions.

ARTICLE 8: DELIVERY TIME OF THE PRODUCTS, DELIVERY AREAS AND RECEPTION OF PRODUCTS

8.1 DELIVERY TIME 

The Products ordered by the Customer will be shipped within 48 hours following the order confirmation sent electronically by the Seller. The order will then be delivered to the Customer within 72 hours of its shipment. The Customer has the possibility of following the state of his order by calling the following number: +33 4 97 15 24 12 (price of a local call). It is specified that the orders recorded on the Site on Friday after 5:30 pm, on Saturday or Sunday are treated the following Monday. Orders placed on the Site on a holiday other than Friday, Saturday or Sunday are also processed on the next working day. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. If the ordered Products were not delivered within 72 hours after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or withholding. The Products ordered, available and paid for will be delivered to the address indicated as the delivery address on the order and by one of the following methods: Colissimo (home delivery) or Colissimo (delivery in a relay point). The Seller cannot be held responsible for any error made by the Customer when placing the order and for the consequences thereof (delay, delivery error, non-delivery...). Orders returned to the Seller's warehouse because they were not delivered due to an absence or an erroneous address will not be reimbursed. In case of return to the Seller's warehouse, the order is kept for one (1) month with the possibility for the Customer to request a new shipment, at his expense. After this period, the order is deemed to have been abandoned in favor of EQUILIBRE ATTITUDE.

8.2 INFORMATION ON DELIVERY AREAS

The products available on the e-commerce site can be delivered in Metropolitan France and in the following countries Germany Andorra Austria Belgium Bulgaria Brazil Canada China Cyprus Croatia Croatia Denmark Spain Estonia United States Finland Greece Guadeloupe French Guiana Hungary Ireland Iceland Italy Reunion Island Latvia Lithuania Luxembourg Malta Martinique Mayotte Monaco Norway New Caledonia Netherlands Poland French Polynesia Portugal Czech Republic Romania United Kingdom Saint Pierre and Miquelon Singapore Slovakia Slovenia Sweden Switzerland Taiwan Thailand Vietnam Armed areas Shipping costs vary depending on the country of delivery. To find out the cost of shipping, add the product to your cart and fill in the information requested in the "Estimate delivery" section. The occasional offers of free shipping only concern delivery in metropolitan France.

8.3 RECEIPT OF THE PRODUCTS

If the Customer notices any anomaly on the delivered package (opened or damaged package...), he/she must indicate it to EQUILIBRE ATTITUDE's consumer service by mail, by writing to the following address EQUILIBRE ATTITUDE - EAFIT Service Qualité Consommateurs - ZAC du Font de l'Orme - 1198, avenue du Docteur Maurice Donat - 06250 Mougins - France, by e-mail under the heading "Contact" on the website www.eafit.com, or by phone at 04 97 15 24 12 (price of a local call) from Monday to Friday, from 10am to 12pm and from 2pm to 6pm This report must be made within fourteen (14) working days following receipt of the package, indicating your name, postal address, email, order number and date, the reference of the product ordered, the quantity and the precise reason for your complaint. If the Customer finds that the product itself is damaged, he/she must notify the Seller by e-mail and then return it to the Seller within fourteen (14) working days of receipt with its original packaging, placed in a blank box, indicating your name, postal address, e-mail, number and date of your order, the reference of the product ordered, the quantity and the precise reason for your claim. The product concerned will be reimbursed within thirty (30) days of its receipt by the Seller, after having proceeded to the useful verifications on this occasion. No claim shall be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer. In the absence of reservations or claims expressly made by the Customer upon receipt of the Products, the latter shall be deemed to be in conformity with the order, in quantity and quality. The above commercial guarantee applies independently of the legal guarantees of conformity and hidden defects referred to in Article 11 of these General Terms of Sale.

ARTICLE 9 : UNAVAILABILITY OF THE ORDERED SERVICES

The Seller shall indicate clearly and legibly on the eafit.com website, at the latest at the beginning of the ordering process, the means accepted by the Seller and the possible restrictions of delivery. The Customer shall be informed of the availability of the Products when ordering. In the event of the Seller's failure to perform the contract due to the unavailability of the ordered service, the Customer shall be informed of such unavailability. The Customer may (i) be reimbursed as soon as possible and at the latest within thirty (30) days of the payment of the sums he has paid, these sums bearing interest at the legal rate, or (ii) accept, in the case of an order for several products, to be delivered of the available products and to renew his order for the product concerned when it becomes available again, or (iii) receive, after agreement with the Vendor, a service of an equivalent quality and price

ARTICLE 10 : RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from this contract without giving any reason within a period of fourteen days. The withdrawal period expires fourteen days after the day when the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.

10.1 EXERCISING THE RIGHT OF WITHDRAWAL : 

To exercise the right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous statement, either: A letter sent by post to the address : Service E-Commerce Equilibre Attitude Sophia Antipolis ZAC du Font de l'Orme 1198, avenue du Docteur Maurice Donat 06250 Mougins An e-mail via our contact form In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit the communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period. The customer must bear the direct costs of returning the goods.

10.2 CONSEQUENCES OF THE RIGHT OF WITHDRAWAL : 

The Customer will have to send back the ordered Products to the following address EQUILIBRE ATTITUDE 2, rue des Chasseurs 74100 VILLE-LA-GRAND without undue delay and, in any case, no later than fourteen days after having communicated his decision to withdraw from this contract. This deadline is deemed to have been met if the Customer returns the goods before the expiry of the fourteen-day period. In the event that the Customer withdraws from this Agreement, the Seller shall refund all payments received from the Customer, including delivery costs (except for any additional costs arising from the fact that the Customer has chosen a delivery method other than the less expensive standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen days from the date on which the Seller is informed of the Customer's decision to withdraw from this Agreement. The Seller shall proceed with the refund using the same means of payment that the Customer used for the initial transaction, unless both parties expressly agree on a different means. In any event, this refund shall not incur any costs for the Customer. The Seller may defer the refund until it has received the goods or until the Customer has provided proof of shipment of the goods, whichever comes first. The Customer shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

10.3 EXCEPTION TO THE RIGHT OF WITHDRAWAL: 

The exercise of the right of withdrawal is excluded for contracts for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

ARTICLE 11 : RESPONSIBILITY OF THE SELLER

The Seller shall be liable to the Customer for the proper performance of the obligations arising from the distance contract, whether such obligations are to be performed by the Seller or by other service providers, without prejudice to its right of recourse against them. The Seller shall provide support by email throughout the contract period. Any support request will be answered within 48 hours. The support will be available, by phone at 04 97 15 24 12 (price of a local call) from Monday to Friday, from 10 am to 12 am and from 2 pm to 6 pm and/or e-mail from Monday to Friday from 9 am to 6 pm.

ARTICLE 11.1 : LEGAL GUARANTEE OF CONFORMITY

According to the article L.217-4 of the Code of consumption, the Seller is held to deliver a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. According to Article L.217-5 of the Consumer Code, to be in conformity with the contract, the goods must : 1 - Be fit for the purpose usually expected of a similar good and, where appropriate : Correspond to the description given by the seller and have the qualities that he presented to the Customer in the form of a sample or model; To present the qualities that a buyer can legitimately expect with regard to the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling; 2 - Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter. According to the article L.227-12 of the Code of consumption, the action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

ARTICLE 11.2 : LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

ARTICLE 1641 OF THE CIVIL CODE: "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which reduce this use so much that the Customer would not have acquired it, or would have given only a lower price, if he had known 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. Any improper use of the Products shall automatically exclude the application of the warranty."

ARTICLE 12: PROTECTION OF PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, and the European regulation on personal data, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the Site complies with legal requirements regarding the protection of personal data. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him. This right can be exercised under the conditions and according to the methods defined in the privacy policy of the Site.

ARTICLE 13: COMMENTS, CRITICISMS, COMMUNICATIONS AND OTHER CONTENTS

Users of this Site may send us reviews, comments or other content, submit suggestions, ideas, questions or other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam". The content must be related to the product in question only. Users of this Site may not use a false e-mail address, impersonate any person or entity, or lie about the origin of content. We reserve the right, at our sole discretion, to remove or edit any content.

ARTICLE 14: COOKIES

Users of this Site may send us reviews, comments or other content, submit suggestions, ideas, questions or other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam". The content must be related to the product in question only. Users of this Site may not use a false e-mail address, impersonate any person or entity, or lie about the origin of content. We reserve the right, at our sole discretion, to remove or edit any content.

ARTICLE 15: INTELLECTUAL PROPERTY

The content of the Site is the property of the Seller and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright. In addition, the Seller remains the owner of all intellectual property rights on the studies, formulas, drawings, models, prototypes, trademarks, logos, etc., relating to the Products. The Customer shall therefore refrain from reproducing or exploiting said studies, formulas, drawings, models, trademarks, logos, prototypes, etc., without the express, written and prior authorization of the Seller, which may be conditional upon a financial consideration.

ARTICLE 16 : FORCE MAJEURE

Any event of force majeure making it impossible for one of the parties to continue the execution of its obligations, and which would last at least thirty (30) calendar days, will automatically result in the termination of this contract.

ARTICLE 17 : DROIT APPLICABLE - LANGUE

By express agreement between the parties, the General Terms and Conditions of Sale are governed by and subject to French law. They are originaly written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 18 : LITIGATION

All disputes to which the General Conditions of Sale could give rise will be submitted to the competent courts under the conditions of common law. The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. cons. art. L 612-1) or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of contesting.