Conditions of Use

General sales conditions online sales

  1. Preamble
  2. Definitions
  3. Object
  4. Contractual Document
  5. Enforceability of the general conditions of sale
  6. Presentation of products for sale
  7. Access to space for online sales
  8. Computer Security and Data Protection
  9. Order

9.1 Identification and acceptance of the terms and conditions

9.2 Taking orders

9.3 Confirmation of contractual information

9.4 Right of withdrawal

9.5 Order Execution

9.6 Delivery

9.7 Payment method

9.8 Tracking service

9.9 Order Cancellation

  1. Price
  2. Property reserve clause
  3. Defective products
  4. Test Convention
  5. Password
  6. Respect for the integrity of the items available in the online retail space
  7. Intellectual property rights
  8. Responsibility
  9. Independence of the parties involved*
  10. Force majeure
  11. Law
  1. Preamble
  2. ViaPhyt BV operates an e-commerce space on its website: www.atremorine-viaphyt.com. This service is available to consumers.

b . Any order made through this online-shop requires consultation and prior acceptance of these terms and conditions.

c . The customer has the option to save and print these terms and conditions by using the standard functions of its browser or computer.

  1. The customer declares that ViaPhyt BV provides all the necessary information about the use of the space for online sales and both the quantitative and qualitative characteristics of the products.

e . The customer is fully aware of the fact that its agreement on the content of these terms and conditions do not require the signature of this document.

  1. The client also declared that the acquisition of the products is not directly related to his/her professional activity, the acquisition is exclusively for personal and private use and not for professional use.
  2. As a consumer, the customer has specific rights, which would be compromised if products purchased through the website are intended or related to the client’s professional activity.
  3. The customer states he/she is of legal adult age and has full legal capacity to participate in these general sales conditions.

2 . Definitions

The following terms shall have the meaning indicated below:

– “Order” refers to the dematerialized Document (paperless) showing the characteristics of the product requested by the customer, which must be signed by the customer, using the technological technique called “double positive click” to participate;

– “Order Number” refers to the reference number provided by Viaphyt BV in the confirmation email of customer’s order;

– “Contractual partner” refers to any of the Viaphyt BV partners that are not necessary actors in the orders management process using personal data for marketing purposes;

– “Product” The term product means cosmetic products, nutritional supplements, food supplements, dermocosmetics sold in online sales space of Viaphyt BV.

3 . Purpose

These terms are intended to define the rights and obligations of the parties regarding the sale of products offered by Viaphyt BV commercial area, available on the website www.atremorine-viaphyt.com.

  1. Contract documents

Contract documents are in order of priority:

– The present terms and conditions;

– The order sheet.

In case of a conflict, the document with higher rank will prevail.

5 . Enforceability of the general conditions of sales

The version of the terms and conditions binding for the customer, are those online at the time of the validation of the order by the customer.

Different versions of the conditions of sale are archived by Viaphyt BV.

Documents listed online on the Viaphyt BV sales space, take precedence over any earlier written version.

The terms and conditions may be modified or withdrawn at any time by ViaPhyt BV.

These present terms and general sales conditions are in English language.

  1. Presentation of products for sale

Viaphyt BV Electronic commerce space, accessible at www.es.atremorine-viaphyt.com, includes the following legal information:

– The name of the seller of the product, his/her phone number, and place of business;

– The essential characteristics of the products offered for sale;

– The cost of delivery;

– Terms of payment and delivery;

– The existence of a right of withdrawal;

– The price and the duration of the offer.

The customer acknowledges, before placing the order, should read all the information mentioned in the first paragraph of this article.

The client expressly acknowledges that products sold on the website of ViaPhyt BV are FOOD SUPPLEMENTS and NOT medical drugs.

The customer hereby recognizes that for all medical questions and issues, medical advice should be taken with a medical doctor.

  1. Access to space for online sales

Viaphyt BV reserves the right, without notice or compensation, to temporarily or permanently close the  www.es.atremorine-viaphyt.com website, or access one or more services, such as commercial spaces online.

Viaphyt BV is not liable for damages of any kind that may result from these changes and / or the temporary or permanent closure and unavailability of all or part of the Website or associated services, such as online sales.

  1. Personal Data Protection

The information requested by Viaphyt BV, particularly through the order is necessary to process the order and, unless the customer makes opposition in ticking foreseen box, can otherwise be communicated to the contractual partners Viaphyt BV.

Customer can write to Viaphyt BV customer service whose coordinates are specified in the legal notice published online on the website www.atremorine-viaphyt.com, for the purpose of exercising the legal rights of the Netherlands to access and correction with respect to information and datas contained in the files of Viaphyt BV.

In order to update the personal data related to the client, the client undertakes to provide upon request of the Viaphyt Company BV all required information.

9.Order

9.1 Identification and acceptance of the terms and conditions

Customers wishing to enter to these terms and general sales conditions are committed to provide the previously requested information in the online forms on the site : www.atremorine-viaphyt.com.

The customer confirms the accuracy of the transmitted information.

The contract procedure comprises the following steps:

Step 1: Fill of mandatory forms with identification data and necessary information;

Step 2: Consultation of the General Sales Conditions;

Step 3: Acceptance of all terms and conditions by the technique of the “positive double click”. The customer may, at this stage, identify errors in data entry and correct them;

Step 4: The customer has the possibility to make an order;

Step 5: Viaphyt Company BV immediately and electronically confirms the customer’s order. The customer is informed that these terms are subject to a presentation by the Company Viaphyt BV, and can access the archived contract. He will send a certified letter with return receipt to the company:

Viaphyt BV – Gelissendomein 8 Bus 45 6229 GJ Maastricht (Netherlands)

The customer guarantees the Company Viaphyt BV against any claim or remedy from third parties as illegal under the terms of these general conditions of sale.

9.2 Taking orders

Orders received by the customer are through dematerialized purchase orders.

Any order signed by the client “double click” constitutes an irrevocable acceptance which can be challenged only in the cases expressly provided in these terms and conditions Articles “Right of withdrawal” and “Order’s Execution”.

9.3 Confirmation of contractual information

Contractual information will be confirmed at the right time and latest at the time of delivery, by email to the email address specified by the customer on the order form.

This confirmation email will include the following information:

– The responsible establishment’s address, providing the customer the possibility to present any claim;

– The conditions and procedures for exercising the right of withdrawal;

– Information on after sales service and commercial guarantees;

– Transaction / order’s identification number;

– The total amount of the order (the price includes VAT (if applicable), shipping);

– The availability of goods;

– The estimated delivery and shipping date of the product.

It is the customer’s choice to keep those documents and contractual data received from Viaphyt BV.

9.4 Right of withdrawal

The customer has a period of 7 days to return, at its expense, unsuitable products.

This period starts from the order’s date of delivery to customer.

If this deadline expires a Saturday, Sunday or holiday, it is extended until the next business day.

The product should be returned to Viaphyt BV in its original packaging and the product must not have been unsealed or initiated, so that the client can exercise the right of withdrawal.

The product should be returned:

Viaphyt BV 145 Rue de Cessange, 1321 Cessange, Luxembourg

This right of withdrawal is without penalty, except for shipping costs.

Assuming the exercise of the right of withdrawal, the customer may request a refund which will be paid when the product is returned on its own expenses. This reimbursement shall be made as soon as possible and no later than 30 days after the exercise of this right.

The delivery time indicated on the order is for information purposes only and any delays do not entitle the buyer to cancel the sale, to reject of the merchandise or to claim damages.

9.5 The execution of the order

The order will be executed no more than 30 days after counting from the day after the customer has placed its order.

In case of unavailability of the ordered product, the customer will be informed immediately and will be able to cancel the order and get a full refund within 30 days after the payment.

In addition to this, Viaphyt BV informs his client in case of unavailability of stocks, that Viaphyt BV may temporarily close its online retail space and possibly indicate a date for reopening this space.

During the time of this closure, the customer can not make any other order. This is also the case for subscription formulas.

9.6 Delivery

The products are delivered to the address specified by the customer on the order form. Remember that you must verify your address before sending it, if it is not, this can cause loss or return of the product causing extra expenses that will be entirely customer’s responsibility.

When a customer orders several products at the same time, Viaphyt BV reserves the right to split shipments.

The customer may request in the online space dedicated to this purpose in Viaphyt BV sending an invoice to the delivery address or any other address of its choice.

9.7 Payment

To finalize the order, the customer has, at its option, of all modes of payment specified in the order.

In case of payment by credit card on this site, Viaphyt BV uses Hipay and PAYPAL payment platform specialized in secure online payments. We guarantee full confidentiality of your bank details, secured by SSL (Secure Socket Layer), which automatically checks the validity of access when your payment by credit card and encrypts all data exchanges to ensure confidentiality.

The bank card transaction made between the client and the security system is fully encrypted and protected. This means that no current information related to your order and your credit card number cannot be seen on Internet.

Bank customer bank data is never stored in Viaphyt BV systems.

9.8 Order Tracking service:

From this service, the customer can access the following procedures:

– The activation of the right of withdrawal; opportunity to cancel the order in accordance with the present conditions;

– Check of the status of execution of the order and the possibility of claims for the non receipt of the product.

The above transactions are sent by the client to Viaphyt BV by electronic form www.atremorine-viaphyt.com online store or by mail to the following address: Viaphyt BV – Gelissendomein 8 Bus 45 6229 GJ Maastricht (Netherlands )

Any refunds will be automatically issued against return of products ordered in its original packaging and the product must not have been opened, started or unsealed. The customer sends the product to the addresses mentioned in section 9.4, customer’s refund is sent by check or bank transfer.

9.9 Cancellation of the order

Viaphyt BV reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.

  1. Pricing

Related order product prices are indicated in the retail space online dedicated to this purpose.

Prices are shown in euros and the TAX amount is included.

These prices do not include delivery charges, which will be indicated separately.

Prices include TAX applicable on the date of the order and any change in the TAX rate will be reflected in product prices.

When ordering from a country different than the Netherlands, you are the importer of the product. Customs duties, other local taxes or State import duties may be payable. These rights are not within the jurisdiction of Viaphyt BV. They will be payed by the client and under his full responsibility, both in terms of returns and payments to the authorities and / organisms of the country.

All orders are payable in Euros, it doesn’t matter wich is its origin.

Viaphyt BV reserves the right to change prices at any time but the products will be billed based on the rates in effect at the time of order entry.

  1. Property reserve clause

The sold products become only full ownership of the customer, once the total purchase price indicated on the order sheet has been paid.

For full payment of the price, the parties agree on the definition that Viaphyt BV has been paid by the customer including costs and taxes.

  1. Defective products

The customer is expressly informed that the Company Viaphyt BV is not the manufacturer of the products shown on the website www.atremorine-viaphyt.com.  Therefore Viaphyt BV is not responsible because of a defective product.

Consequently, in case of damage to a person or property by a defect in a product that it is presented on the website www.atremorine-viaphyt.com only the responsibility of the producer may be requested by the customer.

  1. Arrangement

The “double click” customer made under acceptance of these terms and conditions, also under the order constitutes an electronic signature which has, between the parties, the same value as handwritten signature.

The records stored in Viaphyt BV will remain stored under reasonable security conditions and considered as proof of communications, orders and payments between the parties.

Archiving purchase orders and invoices is made on a reliable and durable support that can be used as a proof.

  1. Password

The customer must have a password to buy in the site: www. atremorine-viaphyt.com.

The customer is solely responsible for the preservation and confidentiality of its password.

The customer agrees to take all necessary measures to ensure complete confidentiality.

The customer agrees to promptly notify any loss, forgetfulness or voluntary disclosure to third parties of its password.

This notice must be sent to Viaphyt BV and confirmed by registered letter with acknowledgment of receipt.

Viaphyt BV interrupt service access and deny any access or any order under this key within 24 hours of receipt of the registered letter with acknowledgment. Only the date of delivery of registered mail is binding on the parties.

  1. Respect for the integrity of the items available in the online retail space

The customer agrees not to: damage, illegal access or modify data stored on the website of Viaphyt BV.

  1. Intellectual Property Rights

The items within Viaphyt BV, such as websites, brands, images, texts and design as well as the composition of the products are exclusive property of Viaphyt BV or its suppliers.

These terms and conditions do not involve any transfer of any intellectual property belonging to Viaphyt BV (sounds, images, photographs, literary texts, illustrations, software, branding, graphics, logos …) for benefit of the customer.

The customer may not directly or indirectly infringe the property rights of Viaphyt BV.

  1. Responsibility

The products conform to the law of the Netherlands.

The responsibility for Viaphyt BV can not be activated in case of breach of the law of the country where the goods are delivered (eg in case of prohibition of a title …). It is the customer’s responsibility to check with local authorities the possibilities of importation or use of products or services you planed to order.

Viaphyt BV is only responsible for the content of its internet pages.

  1. Independent Parties

Neither of the parties will make a commitment on behalf of the other.

Each party is solely responsible for its actions, claims and commitments.

  1. Force majeure

Cases of force majeure suspend the execution of online-shop.

  1. Law

These general sales conditions are governed by the law of the Netherlands.

This is for the content and form of the rules.