GENERAL TERMS OF SALE AND USE

ERBALAB develops and markets high-end food supplements.

Thank you for visiting the ERBALAB website www.erbalab.com, (hereinafter referred to as "the Site").

You should read the terms of sale and use (hereinafter "General Conditions of Sale and Use"), enacted below before using this Site.

Any access or use of the Site implies the respect and an unconditional acceptance of all the Terms of Sale and Use. In case you do not wish to accept all or part of these, you are asked to renounce to any use of this Site.

ERBALAB reserves its right to change the terms, conditions and notices of these Terms of Sale and Use. These amendments are deemed accepted without reservation as soon as you access the Site, after that put online.

You agree that these Terms of Sale and Use constitute a complete and exclusive agreement between you and ERBALAB regarding your use of the Site.

GENERAL TERMS OF SALE

The General Terms of Sale and Use apply to all orders placed through the website and that, whatever the terms may appear on the documents to the buyer.

When a case is not addressed by the present terms, it is the distance selling rules where the seat of ERBALAB apply.

Offers of ERBALAB on the Site are only available to individuals. ERBALAB reserves the right to deny the benefit of its offers at any professional retailer and cancel at any time from the date of the order and for a period of twelve (12) months from the date of delivery, any command that would be passed by a professional.

The “Pro Area” is a space dedicated to ERBALAB professional clients in order to access some materials and proceed to their top-up orders.

Any product and any sample available on the website (hereinafter the (s) "Product (s)") are intended only for personal use. So you agree not to sell or resell the Products and samples ERBALAB you buy or receive.

ERBALAB reserves the right to cancel, limit or reduce the amount of any order that may be made in violation of these Terms of Sale and Use.

1. Controls and validity of bids

1.1 Operating Procedure

A detailed description of the products is available on each product individual display on the Site.

The system put in place requires an active approach on your part. It complies with the legal requirements for online sales and customer protection.

To order the desired products, you have two options:

1 / Either from the full range tab, the tips boxes or by product category (you choose the single product or the tips box and then you click directly on "Add to Cart")

2 / Either you enter directly into the product category or tips box you wish to purchase (you enter the product (s) / tips ox by clicking on the "+" and you click on "Add to Cart "once in the product page / box).

Your choices will be automatically added to your cart.

If you want more products with the same reference you can do it when you are in your shopping cart by changing the quantity. You can also cancel a previously selected Products by clicking on "-" in the quantity column or by clicking the "x" button to the left of each product. In case of change of quantities, the basket is updated automatically.

Once you have selected all the products, fill in the three remaining steps of the form:

- Your full delivery address and billing (you can choose addresses from those already saved if you hold an account);

- Your delivery option among the proposed carriers;

- Your payment method (make your order and click the icon of the selected payment method that will take you to the page that allows you to make the payment).

If you miss any of the foregoing, your order will not be validated.

Before confirmation and payment of your order, be sure to check the boxes "I agree to the terms of service and will adhere to them unconditionally. (Read the Terms of Service)", ​​or you would not be able to confirm your order.

If you want to change / cancel your order back to the game "Cart" of the form.

You cannot modify or cancel your order once it has been validated by our services and you have received the email confirming your order.

1.2 Order Acceptance

ERBALAB agrees to accept orders placed via Internet, in the limit of the available stock, in the terms of these terms that you must declare to have read when you submit the order.

In accordance with Articles L.111-1 and following and L.121-17 of the Consumer Code, you have to be able, before concluding the contract to know the essential characteristics of products (type, quantity, material qualities ...) their prices, payment options, time and delivery restrictions and the time, terms and procedures for exercising the right of withdrawal as well as the exclusions cases of exercising this right.

Before the conclusion of the sales contract, remember to all your order in details and the choices made in the form. To enable the order validation, it is necessary for you to recognize that placing your order entails the obligation to fully pay the order and also to read the General Terms of Sale and Use by checking the appropriate box and click on the icon of the payment method you want to choose. Checking the box of GTSUs is essential for you to confirm your order.

The fact that you meet the terms of the check-out process is equivalent to a full acceptance of these terms. These will be only applicable to the contract thus concluded.

For every purchase on our website, a confirmation email will be sent to you mentioning your order number, details of products ordered as well as information to help you follow the preparation and delivery of products. Consider adding the address serviceclient@erbalab.com to your list of allowed email senders.

1.3 Limitations

ERBALAB undertakes to communicate on the Site any stock shortages of product (s).

ERBALAB is not able to manage the balances of orders: if a product is out without specific replenishment time, ERBALAB offer you a refund of the Product ordered via the payment method during checkout.

Orders will only be considered after receipt of full payment of the Products and will be confirmed by email.

ERBALAB reserves the right to cancel all orders, nonconforming, suspected or case history. In addition, we reserve the right to refuse any order from a customer with whom there was any prior or ongoing dispute.

2. Prices

Prices shown are in Euros and include all taxes (VAT and other taxes according to the applicable rates in France and in force at the time of order).

These are net prices which include the price of the Products, handling costs, packaging and preservation. Prices are valid at the date of the order confirmation. These can be changed later without notice. They do not include participation in shipping and delivery which vary based on the order weight.

In no event ERBALAB will be required to bear additional costs related to the issuance of the order excluding charges of transportation, described and charged at the conclusion of your order on the Site.

The price indicated in the order confirmation is the final price including VAT.

2.1 Payment terms

Payment for Products purchased on the Site is entirely proceeded during the order. The products remain the property of ERBALAB until the full payment of the order.

Payments are made by credit card (Master Card, Visa, Credit Card).

Your credit card will be charged when your order is confirmed.

This way, you warrant that you are the holder of the credit card to be debited and that the name written is yours.

2.2 Payment security

The payment security protocol used is a module of our HSBC bank. It guarantees total confidentiality of personal information transmitted over the Internet. We integrated the 3D Secure system. All data you provide is protected by SSL (Secure Socket Layer) and is never stored in our computer system.

3. Delivery

At the delivery stage, a list of countries of delivery is available to you. It is clear that ERBALAB only delivers in those countries.

Products are delivered within an average of 4 working days in Metropolitan France. They are delivered within an average of 6 working days outside Metropolitan France. It is specified that the orders registered on the site on Friday afternoon, Saturday or Sunday will be processed the following Monday. In addition, orders received on the Site during holiday will be processed the next business day.

Finally, in case of exceptional operations organized by ERBALAB or a third party, the products will be delivered within an average of 6 working days in Metropolitan France and 8 working days outside Metropolitan France.

In no event ERBALAB would be held responsible for delays due to carriers’ fault.

Delivery costs / customs / local taxes:

In metropolitan France, the delivery rates will vary depending on the weight of your order within the limits of 39.9 Euros purchase. From this purchasing amount, the shipping costs will be offered.

Outside Metropolitan France, shipping costs will vary depending on the weight of your order within the limits of 79.9 Euros purchase. From this purchasing amount, the shipping costs will be offered. Local and customs taxes could be applied and added to the total amount of your order, according to the country of delivery. 

The order is delivered to the delivery address you have chosen. The information stated and recorded in the order are binding. In case of error in the address of the recipient, ERBALAB cannot be held responsible for the impossibility to deliver one or more products because of this error. In this case, ERBALAB cannot perform a second delivery. ERBALAB will send you a voucher to be used on another order (excluding shipping costs), after receiving the package back to the ERBALAB warehouse.

Products travel at the entire responsibility of ERBALAB. The risks are transferred to the customer at the delivery time of the Products to the address specified.

ERBALAB guarantee that the products are in perfect condition upon delivery to the carrier. In case the products are damaged, your reservations must be written to the carrier at delivery or later than 4 hours after the delivery. A copy of these reservations must be sent to ERBALAB email at serviceclient@erbalab.com, within 12 hours after the reservations have been made.

If the above procedure has been followed, and if it is proved that the reserves are related to damaged products, ERBALAB, at its option, will establish a voucher, will proceed to the refund of the product(s) or perform a new delivery of similar products.

In case of preparation errors (products delivered which do not correspond to the products ordered), ERBALAB will be able to either make a refund, send a voucher code or send similar products, after receiving the return parcel. 

No products return not validated by our service team will be accepted.

Moreover, ERBALAB reserves the right at any time and without notice, to change the level of free shipping in metropolitan France and abroad.

4. Right of withdrawal

Pursuant to the provisions of the Consumer Code, you have a period of 14 days from the date of receipt of the Products to exercise your right of withdrawal. When the 14-day period expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next business day.

To exercise your right of cancellation, please write to us at: ERBALAB - Customer Service - 23-25 avenue Kléber 75116 Paris

Upon receipt of your request, the Customer Service will contact you with contact details in order to arrange the products return which direct costs will be your responsibility.

Products cannot be returned to the pharmacies.

The refund shall be made promptly after the receipt of the product (s) returned (s) and at the latest within a period of one (1) month of their (s) receive (s) and will be made via the payment method used when purchasing.

However, the refund can only occur if the product is returned in perfect condition, in its original packaging, with all accessories, instruction manual and documentation as appropriate. In addition,

unsealed Products and / or mixed inseparably with other products will not be refunded.

You will be the only one able to exercise this right of withdrawal. In case of a delivery to a different person than the client, this right cannot therefore be exercised by the recipient of the order.

5. Compliance - implied warranty

5.1 Compliance

Products are subject to the terms of the legal safeguards provided in Articles L.211-4 to L.211-14 of the Consumer Code.

Thus, in accordance with Article L.211-4 of the Consumer Code, ERBALAB is obliged to deliver you a good in conformity with the contract and is liable for conformity defects existing upon delivery.

ERBALAB also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was its responsibility or was carried out under his responsibility.

Pursuant to the provisions of the Consumer Code, to be compliant with the contract, the product must: 1) Be suitable for the purpose usually of a similar property and, where applicable, match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model; The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling. 2) or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

However, you are solely responsible for the choice of products and their conservation as from the delivery and use. In no event ERBALAB will be able to guarantee that the order meets your specific needs.

In case of faulty delivery, you have two (2) years from the date of delivery of the products to act.

In case of non-compliance, you can choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if the choice involves a manifestly disproportionate cost in relation to the other terms, given the property value or importance of the defect. It is then required to make, where possible, according to the modality chosen not by the purchaser.

5.2   Warranty for hidden defects

Pursuant to the provisions of Article 1641 of the Civil Code, ERBALAB held in the guarantee against hidden defects, that is to say "hidden defects that render it unfit for use for which it was intended, or that decrease this use that the buyer would not have bought it or would have paid a lower price if he had known. "

Pursuant to Article 1644 of the Civil Code, you have the choice to return the thing and have a price refund or keep the thing and have a refund of part of the price, as it will be refereed by experts.

The action resulting from latent defects must be brought by the purchaser within two (2) years from the discovery of the defect, in accordance with Article 1648 of the Civil Code.

6. Reservation

According to the law of 12 May 1980, the Products that are delivered to you are sold under reserve of property. The transfer of ownership is subject to full payment of the Product, at the deadline agreed between the parties.

The products thus remain the property until full settlement of ERBALAB orders.

TERMS OF USE

7. Liability 

ERBALAB undertakes to provide all necessary care to the implementation of the service that is offered. The site provides information (photos, texts) for information purposes, as is, with all faults, errors, omissions, inaccuracies and other ambiguities that may exist and are not contractual cases.

Furthermore, this information must be taken into consideration when they are online and not at the time of the consultation of the Site. ERBALAB is not responsible:

- For any interruption, malfunction or unavailability of the Site access;

- For any misuse or poor configuration of your computer;

- For all damages of any nature whatsoever resulting from fraudulent intrusion by a third party led to changes in information made available on the Site.

- For any failure due to a fortuitous event or a case of force majeure such as, without limitation, catastrophes, strikes, fires, floods, malfunctions or failures of equipment of vehicles, communication or because of your actions.

- For any indirect damage such as in particular lost profits, loss of earnings, loss of data, customers can among others result from use of the Site, or otherwise unable to use. In any event, whatever the reason for the questioning of ERBALAB, its liability is limited to the lower of the two amounts: (i) the amount of the direct damage suffered by the customer or (ii) the price of the order.

8. Protection of Personal Data and Privacy

Creating an account on our website requires you to the disclosure of a number of personal data. The processing of such information is the subject of a declaration to the CNIL by the parent company of ERBALAB: LABORATORIES ERSA. ERBALAB undertakes to respect the confidentiality of the information you provide voluntarily or those automatically collected by ERBALAB. All information left on the website (name, address, e-mail ...) will not be subject to any other operation (rental or sale file) that related to order processing and management of trade relations (including prospecting) between you and ERBALAB. This information may nevertheless be transmitted to the parent company and the subsidiaries. According to the law relating to data, files and liberties "of 6 January 1978, you have the right to access and rectify any information concerning you, which you can exercise by writing to ERBALAB, Service client, 23-25 avenue Kléber, 750116 Paris or by sending an email to serviceclient@erbalab.com. Thank you to specify your name, your physical address and / or electronic, and if applicable, the reference you have as a customer on the website. You can also, for legitimate reasons, oppose the data processing of your data by writing to ERBALAB, Customer Service, 23-25 avenue Kléber 75116 Paris or by sending an email to serviceclient@erbalab.com.

9. Intellectual Property 

All elements (text, logos, trademarks, images, sound, software, icons, layout, database, domain names) appearing on the Site are the exclusive property ERBALAB or are the subject of an authorization of use. Any reproduction, total or partial, in any medium, of any element on the Site is strictly prohibited, with the exception of a copy for private use, individual, personal, non-transferable, non-commercial and subject to the respect of intellectual property rights and any other proprietary right that is mentioned. Any assignment or license of one of the elements of the Site is subject to prior and written authorization of ERBALAB, or any offender will be exposed to prosecution.

ERBALAB is not responsible for the misuse and / or the unauthorized use of these items.

10. Cookies / witnesses

Cookies are used to facilitate navigation on the site and to streamline procedures for registration or audience measurement. Cookies are text files placed on the hard drive of your computer by a web page server. Your computer is probably configured to accept cookies. You can change this parameter to refuse them and ERBALAB suggest you do if the use of cookies concern you.

When you visit the Site, to search, read or download information, ERBALAB collects and maintains certain "visitor information" from you, such as the name of the domain and host from which you access the Internet, the address of the internet protocol (IP), the date and time navigation on the site and the URL from which you went to get on the Site. ERBALAB use the latter information to analyse and measure the use of the Site to help make it more useful. ERBALAB destroys this information after some time. If you do not want that ERBALAB collects this type of information, please do not browse the Site.

11. Web Beacons

Some web pages of the Site may contain web beacons that allow to count the number of visitors to the Site and / or provide ERBALAB a number of indicators.

These web beacons may be used with some of our partners, particularly to measure and improve the effectiveness of the Site.

In any event, the information obtained through these tags is strictly anonymous and can simply gather statistics on traffic to certain pages of the Site, and to better serve the Customers of our Site.

12. Links 

You acknowledge the explicit use of the Site at your own risk and exclusive responsibility.

The Site may include links to other websites or other Internet sources. In so far as the ERBALAB company cannot control these sites and external sources, it cannot be held responsible for the availability of such external sites or resources, and accepts no responsibility for the content, advertising, products, services or other materials on or available from such sites or resources. In addition, ERBALAB cannot be held responsible for damages or losses, true or alleged, following or in connection with the use or having trusted the content, goods or services available on such external sites or sources.

13. Complaint

The offered products comply with French legislation.

Claims or disputes will always be received with attentive benevolence; good faith is always presumed in those who took the trouble to explain these situations.

In case of complaint, you may contact in priority ERBALAB for an amicable solution by writing to ERBALAB, Customer Service, 23-25 avenue Kléber 75116 Paris or by sending your email to serviceclient@erbalab.com.

14. Litigation - Applicable law

Only these Terms of Sale and Use in French are authentic. In case they are translated into one or more other languages, only the French text would prevail in case of dispute.

The rights and obligations are governed by French law, including by the rules of distance selling (Articles L. 121-16 to L. 121-20 of the Consumer Code), the Law on confidence in the digital economy of 21 June 2004, the law relating to data, files and freedoms of January 6, 1978 and the rules for the mediation of consumer disputes (L151-1 and following of the consumer code).

National or cross-border disputes which may occur in connection with the validity, interpretation, performance or non-performance, interruption or termination of any contract under the terms set by these General Terms of Sale and Use, can be referred to mediation at your request.

To this end, in case of dispute, you can either enter a consumption mediator in the given list and updated by the Commission of evaluation and monitoring of mediation consumption (here), or fill out an automated complaint form which will put you in contact with a dispute settlement body (here).

The dispute may nevertheless not be considered by the mediator if:

- You do not justify trying, first, to resolve the dispute directly with ERBALAB by written complaint.

- The request is manifestly unfounded or abusive

- The dispute was previously considered or is being examined by another mediator or a court

- You have filed your application to the mediator within a period greater than one year after the written complaint with ERBALAB.

- The dispute is not within its jurisdiction.

Otherwise, only French courts will have jurisdiction.

15. "Games and Contest" organized by ERBALAB and partners

ERBALAB might decide to organize games, competitions on the Site. Participation generates active participation on your part especially through participation form to fill in or entering a code of participation.

Notwithstanding the rules of the game relating to the participation in question, the products involved are available exclusively in the limits of the available stocks.

Furthermore, earned Products cannot be (re) sold or exchanged.

16. Newsletter

You can subscribe to the ERBALAB newsletter to receive news and events website from the specified “Get fresh news delivered to your inbox! » by entering your email address in the footer or in your customer account in “Your personal information”.

You can withdraw it at any time from your account by clicking on the unsubscribe link at the bottom of each newsletter by entering your email address. You will receive an automatic email confirming that you just have unsubscribed it.

17. Member area

17.1. Terms of registration Member space "My Account"

17.1.1 Subject

These Terms and Conditions of Registration set registration details and operation of the member's area entitled "My Account" (hereinafter the "Conditions of Entry"). Creating a member space implies the knowledge and full acceptance of these Terms and Conditions of Registration which are available in French and English, and apply starting from 11/01/2016.

17.1.2 Conditions and how to register for the member area "My Account"

17.1.2.1 Registration conditions to the space member "My Account"

Membership in the member's area is free and takes place exclusively on www.erbalab.com online store.

Only one entry per person will be taken into account. Registration is strictly personal.

Only major individuals (18 and older) can join the member zone. You guarantee the accuracy of all information provided and will be solely responsible for any incorrect, incomplete or obsolete information. Once the information completed, your registration to the member area will be validated and you get access to your personal space "My Account" on the site www.erbalab.com.

You will receive a confirmation email confirming your registration.

17.1.2.2 How to register at the member area "My Account"

Registration for the member's area is done through the creation of an account on the Site. You will simply need to fill out the required fields and activate your membership.

17.1.2.3 Registration via your online client account

You can join the member area, outside any purchase process. For this, you simply register your member space "My Account" on our website.

17.2 Fraudulent Use

In case of failure to the Terms of Registration by the Member, ERBALAB reserves the right to exclude the latter from the member zone. The exclusion results in the immediate loss of all the benefits acquired in the customer account without any compensation nor indemnity.

17.3 Editing and deleting member space "My Account"

ERBLAB reserves the right at any time without notice or modify these Terms of Registration either to terminate the member space "My Account" of a Member. In case of a termination of the member's area, the Member will be informed and won’t be able to exercise any recourse whatsoever against ERBALAB.

17.4 Unsubscribe

You can unsubscribe at any time of your ERBALAB account member by sending an email to serviceclient@erbalab.com, or by contacting us by mail at: ERBALAB, Customer Service, 23-25 avenue Kléber 75116 Paris. We will take care of deleting your account within a period of 5 days upon receipt of your request.


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