Contents

1. Preamble
2. Definitions
3. Object
4. Contractual documents
5. Opposability of the general conditions of sale
6. Presentation of the products offered for sale
7. Access to the online sales area
8. Protection of personal data
9. Order
10. Prices
11. Clause of property reserve
12. Defective products
13. Agreement of proof for acceptance of TSU
14. Password
15. Respect for the integrity of the elements accessible on the online sales space
16. Intellectual property rights
17. Responsibility
18. Independence of the parties
19. Force majeure
20. Law

 

1- Préamble

ViaPhyt BV operates a B to C e-commerce space within its website www.atremorine.com. This service is reserved for consumers.

Any order taken on this online sales space implies the consultation and prior acceptance of the present general conditions.

The customer has the faculty to save and to print the present general conditions of sale by using the standard functionalities of his navigator or his computer.

The customer declares to have obtained from ViaPhyt BV all the necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the products.

The customer acknowledges that he is fully aware that his agreement with the content of these general terms and conditions of sale does not require the handwritten signature of this document.

The customer also declares that the acquisition of the products is not directly related to his professional activity, their acquisition being exclusively intended for a private and non-professional personal use of his part.

As a consumer, the customer has specific rights, which would be called into question in the event that the products acquired within the framework of the website would in fact have a relationship with his professional activity.

The customer declares to be major or emancipated minor within the meaning of the Law of February 6, 1975 relating to the civil majority, the parental authority, the legal administration, the guardianship and the emancipation, and to have the full legal capacity allowing him to commit himself under the present general conditions.

2- Definitions

The terms below will have the following meanings for the parties:

– “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”: number communicated by ViaPhyt BV in the e-mail confirming the customer’s order;

– “Contractual partner”: any partner of ViaPhyt BV other than those involved in the order processing, using personal data for commercial prospecting purposes;

– “Product”: the term “product” refers to cosmetics, dermo-cosmetics, and food supplements, offered for sale on the online sales space of ViaPhyt BV. The products are NOT MEDICINES.

3- Purpose

The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the sale of products offered by ViaPhyt BV on its online sales space, accessible within its website www.atremorine.com.

 

4- Contractual documents

The contractual documents are in order of priority:

– the present general conditions;

– the order form.

In case of contradiction, the document of higher rank will prevail.

5 – Opposability of the general conditions of sale

The version of the general terms and conditions of sale that can be enforced against the customer is the one that appears on the website at the time of the validation of the order by the customer.

The different versions of the general terms and conditions of sale are archived by Viaphyt BV.

The documents appearing online on Viaphyt BV’s online sales space prevail over any paper version of previous dates.

The general terms and conditions of sale may be modified or deleted at any time by Viaphyt BV.

These terms and conditions are offered in the English language.

6- Presentation of the products offered for sale

In accordance with the provisions of the Law of August 14 2000, relating to electronic commerce, the Viaphyt BV electronic commerce space is accessible at www.atremorine.com. mentions the following information :

– the name of the seller of the product, its telephone number, the address of its registered office;

– the essential characteristics of the product offered for sale;

– the delivery costs;

– the terms of payment and delivery;

– the existence of a right of withdrawal;

– the duration of validity of the offer and its price.

The customer acknowledges having, prior to the placing of the order, taken note of all the information referred to in the first paragraph of this article.

The customer acknowledges that he/she is aware that the products sold on the ViaPhyt BV online stores are food supplements and NOT medicines.

Testimonials: The customer declares to have taken note that the testimonials on this site come from real customers who have purchased the product on this site. The customer acknowledges that these are the experiences of individuals and reflect their own experience and what they have actually experienced using this food supplement in one way or another. The customer also acknowledges that these are individual results and these results may vary from person to person. The customer confirms that he/she is aware that Viaphyt BV does not claim that these results are achieved by all users in general and that these testimonials are not necessarily representative of all those who will use this 100% of natural origin food supplement. Furthermore, the customer expressly acknowledges that these testimonials do not intend to claim that this product can be used to diagnose, treat, cure, mitigate, heal or prevent any disease and that these claims made by these customers have not been clinically proven or evaluated by the FDA or the EMA.

The customer acknowledges that for any medical questions or concerns, the customer should seek the advice of their physician.

7- Access to the online sales area

Viaphyt BV reserves the right, without prior notice or compensation, to temporarily or permanently close the website www.atremorine.com. or access one or more services such as the online sales area.

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

8- Protection of personal data

The information requested by Viaphyt BV, in particular through the order form, is necessary for the processing of the order and may, unless the customer objects by checking the box, be communicated to the contractual partners of Viaphyt BV.

The customer may write to the personal data department of Viaphyt BV, whose contact information is indicated in the legal notice on the website www.atremorine.com, to exercise his or her rights of access and rectification with respect to the information concerning him or her and contained in the files of Viaphyt BV under the conditions prescribed by the amended Law of August 2, 2002 on data protection.

In order to be able to update the personal data relating to the customer, the latter undertakes to provide, at the request of Viaphyt BV, all the information that will be asked of him.

 

9-Ordering

9.1 Identification and acceptance of the general conditions of sale

The customer wishing to conclude the present general conditions of sale makes a commitment to communicate beforehand the information requested from the forms available on line on the site www.atremorine.com.

The customer certifies, moreover, of the truthfulness and the exactitude of the information thus transmitted.

The contractualization procedure includes the following steps:

step 1: referencing the mandatory fields of the identification and information forms ;

step 2: consultation of the general sales conditions;

step 3: acceptance of all the general terms and conditions of sale by the “double positive click” technique. The customer can, at this stage, identify and correct any errors made in entering his data;

Step 4: The customer can place an order;

Step 5: Viaphyt BV acknowledges receipt of the customer’s order without delay and by electronic means.

The customer is informed that the present general conditions are archived by Viaphyt BV and that he can access the archived contract. To do so, the customer must send a registered letter with acknowledgement of receipt to the Company:

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

The customer shall indemnify Viaphyt BV against any claims or demands of third parties in respect of an unlawful registration under the terms of these general terms and conditions of sale.

9.2 Ordering

Orders placed by the customer are made by means of dematerialized order forms.

Any order form signed by the customer by “double click” constitutes an irrevocable acceptance, which can be questioned only in the cases restrictively provided for in the present general conditions in the articles “Right of withdrawal” and “Execution of the order”.

9.3 Confirmation of contractual information

The contractual information will be confirmed, in due course and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the customer on the order form.

This confirmation e-mail will include the following information:

– the address of the establishment of the person in charge of the offer where the customer can present his complaints;

– the terms and conditions for exercising the right of withdrawal;

– information relating to after-sales service and commercial guarantees;

– identification of the transaction/order number;

– the total amount of the order (price including VAT, shipping costs);

– the availability of the goods;

– the delivery time and the indicative shipment date of the product.

The customer is responsible for keeping the contractual information received from Viaphyt BV on the medium of his choice.

9.4 Right of withdrawal

Withdrawal period: In accordance with the rules of distance selling, the customer has a withdrawal period of 14 days from the day when the buyer, or a third party other than the carrier and designated by him, takes physical possession of the goods. For orders involving several goods delivered separately, the withdrawal period runs from the day the buyer, or a third party other than the carrier and designated by him, takes physical possession of the last good. If this period expires on a Saturday, a Sunday or a holiday, it is extended until the next working day.

Notification of withdrawal – In order to exercise the right of withdrawal, the customer must notify the Seller of his decision to withdraw in an unambiguous statement. He can use the standard form below:

I hereby notify you of my withdrawal from the contract for the sale of the goods below.

Customer number :

Order number :

Ordered on__/__/____ and /Received on:__/__/____

Name/First name :

Address :

Signature

Date

The use of this form is not mandatory. For the withdrawal period to be respected, it is sufficient for the Buyer to transmit his declaration before the expiration of his withdrawal period.

Return of products – Upon notification of withdrawal, the customer has 14 days to return the goods to Viaphyt BV, at his own expense, to the following address

Viaphyt B.V.

c/o Luxroutage S.A.

Ilex Building

11 Rue Paul Rischard

L-5324 Contern

The customer may be held liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

The product must be returned to Viaphyt BV in its original packaging and the product must not have been unsealed or opened, in order for the customer to benefit from the right of withdrawal.

Refunds – Viaphyt BV will refund the value of the merchandise with the exception of shipping and return costs. In the case of a refund for an order with free shipping, the customer will be asked to pay the shipping and return costs.

Viaphyt BV will issue a refund within 14 days of the notification of withdrawal using the same means of payment as the one used for the original transaction, unless the customer expressly agrees to use a different means. Viaphyt may defer the refund until the customer has received the returned goods.

9.5 Execution of the order

The order will be executed at the earliest the same day if placed before 10:00 am and at the latest within 30 days from the day following the day when the customer has placed his order.

In case of unavailability of the ordered product, the customer will be informed as soon as possible and will have the possibility to cancel the order and to be reimbursed for any amounts paid, within 30 days at the latest of their payment.

Furthermore, ViaPhyt BV informs its customer that in case of unavailability of stocks, ViaPhyt BV may temporarily close its online sales space and will eventually indicate a date for the reopening of this space.

During the time the online shop is closed, the customer will not be able to order products.

9.6 Delivery

The products are delivered to the address indicated by the customer on the order form.

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

The customer can ask ViaPhyt BV to send an invoice to his delivery address or any other address of his choice on the online store space dedicated to this purpose.

ViaPhyt BV commits itself to do its utmost to deliver the order in the shortest possible time, as soon as it receives the order form. The delivery times indicated on the order form are only indicative and possible delays do not give the buyer the right to cancel the sale, refuse the goods or claim damages.

When a package is returned to Viaphyt BV because the customer did not pick it up from the carrier or because of an error in the customer’s address, the costs of re-shipment are at the buyer’s expense.

9.7 Methods of payment

To pay his order, the customer has, at his choice, all the payment methods referred to in the order form.

We offer different payment methods in order to purchase with complete security:

Visa, MasterCard or Amex Credit Card through Worldline (Ingenico), a secure and fast online payment platform.

PayPal Account – If you do not have an account with them, PayPal allows you to pay with your Credit Card (Amex, Visa, Mastercard, Discover) without the need to create an account.

Bank transfer: In case of payment by bank transfer, the order will be shipped as soon as we receive the payment on the VIAPHYT BV account. Please put your order number in reference:

Account holder: Viaphyt BV

(Address: Gelissendomein 8 Bus 45 6229 GJ Masstricht-Netherlands)

Bank: ABN AMRO Bank

(Address: Gustav Mahlerlaan 10, 1082 PP Amsterdam – The Netherlands)

IBAN: NL06ABNA0475998561

BIC: ABNANL2A

We guarantee the total confidentiality of your banking information, secured by the SSL protocol (Secure Socket Layer), which automatically checks the validity of access rights during your payment by credit card and encrypts all exchanges in order to guarantee their confidentiality. The credit card transaction carried out between you and our secure system, is therefore entirely encrypted and protected. This means that the information related to your order and your credit card number does not circulate unencrypted on the Internet.

9.8 Order tracking service

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

– activation of the right of withdrawal; possibility to cancel the order in compliance with the conditions defined herein;

– consultation of the status of the execution of the order and the possibility of making claims in case of non-receipt of the product.

The above-mentioned operations will be addressed by the customer to ViaPhyt BV by e-mail form from the online store www.atremorine.com or by mail to the following address Viaphyt BV – Gelissendomein 8 Bus 45 6229 GJ Maastricht (Netherlands).

Any refunds will be made automatically upon return of the ordered products in their original packaging and the product must not have been unsealed or opened, to the addresses mentioned in article 9.4, and will be sent to the customer by 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 regarding the payment of a previous order.

10- Prices

The prices related to the order of the products are indicated on the online sales space dedicated to this purpose.

The prices are first displayed in H.T., then once you have entered the country of delivery they are displayed in TTC for all countries of the European Union. Otherwise, they remain exclusive of tax for all countries outside the EU.

These prices do not take into account the delivery costs, which will be indicated in addition to the price including VAT (*if your country of delivery is not part of the European countries where the delivery is free. See our Shipping Policy).

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the prices of the products in the sales area.

In case of an order to a country other than the Netherlands, you are the importer of the product(s) concerned. For certain products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and taxes are not under the control of Viaphyt BV. They will be borne by the customer and are the customer’s sole responsibility, both in terms of declarations and payments to the relevant authorities and/or organizations in the customer’s country.

Shipping costs include packaging, handling and postage. They can contain a fixed part and a variable part according to the price or the weight of your order. We advise you to group your purchases in a single order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.

All orders, regardless of their origin, are payable in Euros.

Viaphyt BV reserves the right to change its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the registration of the orders.

11- Clause of property reserve

The products sold do not become the full and complete property of the customer until full payment of the price indicated on the order form.

By full payment of the price, the parties understand the receipt by Viaphyt BV of the customer’s payment, including fees and taxes.

 

12- Defective products

The customer is expressly informed that Viaphyt BV is not the producer of the products presented on the website www.atremorine.com. in the sense of the Law n°98-389 of May 19, 1998 relating to liability for defective products.

Consequently, in case of damage caused to a person or a good by a defect of a product presented in the framework of the website www.atremorine.com, only the responsibility of the producer of this one could be sought by the customer, on the basis of the information appearing on the packing of the product.

13- Agreement of proof for acceptance of the GTC

The fact of checking the box before the customer’s payment made under the acceptance of these general terms and conditions of sale, but also under the order form, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

The computerized records kept in the computer systems of Viaphyt BV will be kept under reasonable security conditions and will be considered as proof of communications, orders and payments between the parties.

The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as proof.

14- Password

The customer must have a password to be able to order within the space of sale online at www.atremorine.com.

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

The customer undertakes to take all useful measures to ensure this perfect confidentiality.

The customer agrees to notify, without delay, any loss, any forgetfulness or any revelation, voluntary or not, of his password to third parties.

This notification must be sent to Viaphyt BV and confirmed by a registered letter with acknowledgement of receipt.

Viaphyt BV will interrupt access to the service and will refuse any access or any order, under this password, within 24 hours following the receipt of the registered letter with notice of receipt. Only the date of delivery of the registered letter is valid between the parties.

15- Respect for the integrity of the elements accessible on the online sales space

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

16- Intellectual property rights

The elements belonging to Viaphyt BV, such as the website, the brands, the drawings and models, the images, the texts as well as the design of the product are the exclusive property of Viaphyt BV or have been transferred to it.

The present general conditions of sale do not imply any transfer of intellectual property rights on the elements belonging to Viaphyt BV (sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos…) to the benefit of the client.

The client is not allowed to directly or indirectly infringe upon the property rights of Viaphyt BV.

17- Liability

The products offered are in conformity with the Dutch legislation in force.

Viaphyt BV cannot be held responsible for non-compliance with the legislation of the country where the products are delivered (e.g. in case of a ban on a title…). It is the customer’s responsibility to check with the local authorities about the possibilities of importing or using the products or services you are considering ordering.

Viaphyt BV is only responsible for the content of the pages it sells online.

18- Independence of the parties

Neither party shall make any commitment in the name and on behalf of the other.

Each party remains solely responsible for its own actions, allegations and commitments.

19- Major Force

Cases of major force will suspend the execution of the online sales space.

20- Law

The present general sales conditions are governed by Dutch law.

This applies to both substantive and formal rules.