General terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE FOR BUSINESS CUSTOMERS

The present General Terms and Conditions of Sale are applicable to sales of articles between SARL ALGOVITAL website owner https://www.huiles-et-sens.com/en/ and all professional users of this site.

  • Company name: SARL ALGOVITAL 
  • SIRET: 504 246 166
  • Registered on 19/05/2008 RCS Avignon
  • Trade names : Huiles & Sens, , MaCosmetoPerso (registered trademarks)
  • VAT/VAT : FR 36504246166
  • Head office: ALGOVITAL, 156 La Venue de Mazan, 83434 Saint Pierre de Vassols, France
  • E-mail: commande@algovital.com 
  • Telephone: +33 (0)4 28 70 75 25
  • Entity : HUILES & SENS
    • Postal address: 885 Chemin des Amarins, ZA Les Amarens, F-84340 Entrechaux, France
    • Telephone: +33 (0)4 90 36 22 03

ARTICLE 1: PURPOSE AND SCOPE

1.1 Recipients

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are intended for business customers. A professional customer is a natural person or legal entity who contracts in the context of its economic activities or for the needs of its profession. The Professional Customer is any person who wishes to purchase the products of the ALGOVITAL in order to resell, distribute or use them.

1.2 Purpose

The General Terms and Conditions form the basis for commercial negotiations between the company ALGOVITAL SAS and the professional customer (hereinafter referred to as the Buyer).

ALGOVITAL markets products for well-being and cosmetics such as essential oils, vegetable oils and butters, active cosmetics, finished cosmetics, diffusers and accessories. Any order placed by the Purchaser with Le Laboratoire requires the reading and knowledge of these GCS as well as the full and entire acceptance thereof.

1.3 Scope of application

The GCS are binding on the parties between ALGOVITAL and the Buyer via the websitewww.huiles-et-sens.com (hereinafter referred to as the Site) or by any other means. They do not govern sales made by resellers or distributors for whom ALGOVITAL has not given its consent.

1.4 Priority over all other contractual documents

Unless the parties expressly agree otherwise in writing, the General Terms and Conditions of Sale shall prevail over any other document of the Laboratory and over the Purchaser's general terms and conditions of purchase.

1.5 Superiority over any verbal agreement

Any verbal agreement made before or after the conclusion of the sale has no legal value and is not binding on the parties. To be valid, any verbal agreement and any modification or change to the terms of the sale must be formalised in writing.

ARTICLE 2: PURCHASING PROCESS

2.1 Online ordering

The Buyer who wishes to make purchases on the Site must create a professional account on the website https://www.huiles-et-sens.com/en/ by entering a valid e-mail address and choosing a password that will be used to identify him/her each time he/she connects to the site and his/her customer account. Before creating an account, the customer must also send an e-mail to contact@huiles-et-sens.com information about the company it represents, such as its name, the address of its registered office or principal place of business, its registration number in the Trade and Companies Register, and its individual tax identification number.

2.2 Communication of Buyer's documents

The Buyer undertakes to ensure the accuracy of this information and must also provide, prior to the creation of the customer account, a k-bis extract or registration number for self-employed entrepreneurs that is less than six (6) months old.

2.3 Creating a shopping basket

All the steps involved in placing and processing an order are detailed on the Site. As you make your selections, your shopping basket will fill up. The Buyer may modify it at any time before validation. Once the order has been validated, the Buyer will be bound by the order he/she has placed, and the ALGOVITAL cannot be held responsible for any typing errors made by the Buyer.

2.4 Order validation

A minimum order of 150 Euros (excl. VAT) is required for all orders. Orders below this threshold cannot be validated on the site.

Acceptance of the order will be confirmed by e-mail to the address indicated by the Purchaser, acknowledging receipt of the order and listing the elements of the order.

2.5 Order cancellation

If the Buyer wishes to cancel or modify his/her order after it has been validated, he/she should contact ALGOVITAL by e-mail to contact@huiles-et-sens.com within 4 hours of the order being placed, before the parcel is dispatched or picked up by the carrier.

2.6 Quotes

For special orders (bulk products, not displayed on the Site), ALGOVITAL draws up a quotation on behalf of the Purchaser to inform him/her of the prices for the list of products he/she wishes to purchase. The quotation does not constitute a commitment on the part of the recipient, but rather an offer to enter into a contract. The pure and simple acceptance of the offer contained in the quotation will form the contract between the parties.

2.7 Stocks and replenishment times

ALGOVITAL undertakes to regularly check the state of its stocks before taking the Buyer's order. When a quantity of products is not available at the time the Buyer wishes to contract, ALGOVITAL determines the time at which the products will be available and informs the Purchaser accordingly.the Buyer pays the total amount of the order when the order is placed, or at the latest before the order is dispatched.

2.8 Purchase and resale prices

The unit prices excluding taxes are communicated to the Buyer after registration on the site https://www.huiles-et-sens.com/en/. ALGOVITAL reserves the right to modify its prices at any time. However, it undertakes to invoice the goods at the prices indicated when the order is placed. The Customer undertakes to resell the products of ALGOVITAL respecting at least the recommended retail prices, which are those applied on the site https://www.huiles-et-sens.com/en/. Under the terms of the French Commercial Code and apart from the exceptions provided for by law, the Customer is reminded that it is strictly forbidden to resell products at a loss.

2.9 Off-site ordering

The Buyer may also order products from ALGOVITAL by email contact@huiles-et-sens.com. In this case, ALGOVITAL issues a quotation and attaches the General Terms and Conditions. Following receipt of the Buyer's agreement, ALGOVITAL sends the invoice showing the payment request and due date. Upon receipt of payment and collection of the sums, ALGOVITAL dispatches the goods in compliance with the provisions of article 4.

ARTICLE 3: PAYMENT TERMS

3.1 Payment methods accepted on the site

The Buyer has the option of paying for his order using one of the following methods of payment:

  • Credit card (Visa, Carte Bleue, MasterCard).
  • Bank transfer: For transfers from abroad, the Buyer undertakes to pay the full amount of the invoice and to cover any exchange charges.

ALGOVITAL reserves the right to retain the goods until full payment has been received.

3.2 Credit card payment security

Payment by credit card is made via a secure PayPlug payment area using password-protected verification systems (Verified by Visa and MasterCard SecureCode). ALGOVITAL certifies that it has no access to bank details and guarantees their security.

3.4 Payment by bank transfer

The bank transfer must be sent to the following bank account :

CRÉDIT MUTUEL

IBAN: FR7610278008650002003100140

BIC Code: CMCIFR2A

Orders paid by bank transfer are dispatched on receipt of the transfer to the bank account communicated to the Buyer.

3.5 Payment terms

The Buyer undertakes to make full payment within a reasonable time prior to the day of shipment of the goods.

3.6 Previous payment problems

ALGOVITAL reserves the right to cancel any order from a Buyer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 4: TRANSPORT

4.1 Transport mode

Packages under 20 kg are shipped automatically by La Poste (Colissimo Expert - delivery against signature). In this case, shipping costs are automatically displayed on the Site according to the volume and weight of the items ordered.

Packages over 20 kg are preferably shipped on pallets. ALGOVITAL may then, on request, submit a quotation to the Buyer and, after acceptance by the latter, appoint a carrier. The Buyer is then presumed to have given a mandate toALGOVITAL to instruct the carrier to make delivery to the agreed address in the name and on behalf of the Buyer. Otherwise, the Purchaser is obliged to appoint a carrier to collect the goods for delivery on the date communicated by the Purchaser ALGOVITAL. 

4.2 Free choice of carrier

The Buyer remains free to choose the mode of transport that suits him. In any event, delivery charges are at the Buyer's expense and delivery is made at the Buyer's risk.

4.3 Orders in France over 500 EUR

ALGOVITAL covers the shipping costs for orders placed on the site free of charge https://www.huiles-et-sens.com/en/et delivered in mainland France on orders of 500 EUR (excl. VAT) or more. Deliveries outside mainland France. Deliveries of accessories, diffusers or bulk products are excluded from this free shipping, even if, for technical reasons, it should be displayed on the Site. In this case, please refer to articles 4.1 and 4.2 4.5. 

4.4 Place of delivery

ALGOVITAL declines all responsibility for incorrect delivery due to a data entry error made by the Buyer when ordering or when communicating with the carrier. Any re-shipment of an order following such an error will be at the Buyer's expense.

4.5 Terms of delivery

If all the products ordered are in stock, the order will be shipped to the Buyer under EXW conditions (Incoterm 2000) from the Laboratory's premises in Entrechaux within 48 hours (Monday to Friday).

If an order requires a longer preparation time or specific replenishment, ALGOVITAL will communicate a delivery time to the Buyer upon receipt of the order. However, as this lead time is given as an indication, any excess shall not give rise to any payment of damages as long as it remains reasonably acceptable. The Purchaser undertakes to grant the Laboratory a 15-day extension in the event of difficulties.

4.6 Transfer of risk

The transfer of risk to the Buyer occurs when the products are handed over to the carrier responsible for delivering the order, whatever the method of shipment. Upon delivery, the Buyer must ensure, in the presence of the carrier, that the packages bear no signs of damage, debris or breakage, and that the number of packages corresponds to that indicated on the shipping documents. The Buyer must note any reservations on the transport documents, or failing this, notify them to the carrier by registered letter with acknowledgement of receipt no later than three (3) days following delivery. A copy of this letter to the carrier must be sent to the Laboratory by registered letter with acknowledgement of receipt, failing which no claim will be entertained in respect of any dispute concerning the condition of the goods delivered.

ARTICLE 5: RETENTION OF TITLE AND BUYER'S SOLVENCY

Products ordered by the Purchaser remain the property of Le Laboratoire until full payment of the total amount of the order. If the Purchaser is the subject of insolvency proceedings, ALGOVITAL reserves the right to reclaim goods sold but not yet paid for.

ARTICLE 6: PRECAUTIONS FOR USE, STORAGE CONDITIONS

6.1 Communication of documents

When the sale is completed, ALGOVITAL informs the Purchaser of the precautions for use of its products. The Buyer declares that he has carefully read the precautions for use and undertakes to pass on these precautions for use to consumers, so that they are aware of them before using the products.

6.2 Limitation of liability

ALGOVITAL declines all responsibility for any accident, injury or damage of any kind caused by failure to observe these precautions. As manufacturer, ALGOVITAL can only be held liable to consumers for defective products.

6.3 Compliance with storage conditions

The Buyer undertakes to store the merchandise under the required conditions in a clean place, at a temperature below 20°C (for essential oils and vegetable butters and oils), away from sunlight and humidity.

6.4 Use by date (hereinafter UBD)

Products marketed by ALGOVITAL are perishable by nature. Some products have a short shelf life. The Buyer can check the DLU of the lots for sale on the Site from the range overviews and before placing an order. No exchange or refund is possible on this ground.

ARTICLE 7: PRODUCT CONFORMITY

Products sold by ALGOVITAL comply with European and French legislation and standards. The non-French Buyer is required to obtain information prior to ordering on any marketing authorizations and translations required to import, use and/or resell the products, as well as on any taxes and customs duties to be paid. Administrative procedures, translations and related costs are the sole responsibility of the Buyer. No returns or refunds are possible on the basis of such grounds.

ARTICLE 8: EXCLUSION FROM THE RIGHT OF WITHDRAWAL

As a professional, the Purchaser may not claim any right of retraction, reimbursement, withdrawal or other right reserved for consumers from Le Laboratoire after the conclusion of the sale.

ARTICLE 9: INTELLECTUAL PROPERTY

The purchaser undertakes not to infringe, in any way whatsoever, the intellectual property rights held by ALGOVITAL and affixed to its products. The Buyer is required to inform ALGOVITAL any act denigrating or defaming its trade name, its products or the brands on which it holds intellectual property rights. The Purchaser may be held liable in tort for the acts and unfair behavior of its employees, collaborators or subcontractors of which it has knowledge and for which it has not taken the necessary measures to put a stop to them or to report them to the Laboratory.

ARTICLE 10: FORCE MAJEURE

ALGOVITAL cannot be held responsible for the non-performance or improper performance of its obligations when this is due to a case of force majeure such as a natural disaster, strike, computer hacking or any unforeseeable event beyond the Laboratory's control. In such circumstances, ALGOVITAL undertakes to contact the Buyer as soon as possible in order to agree on the conditions under which the performance of the contract will be continued.

ARTICLE 11: APPLICABLE LAW, JURISDICTION AND SETTLEMENT OF DISPUTES

The performance, interpretation and resolution of these GTC shall be governed by French law. The Buyer agrees to submit any disputes it may have with ALGOVITAL to the exclusive jurisdiction of the Tribunal de Commerce d'Avignon. The customer and ALGOVITAL undertake to give priority to amicable negotiation before resorting to the competent courts as a last resort to settle their dispute.

ARTICLE 12: SEVERABILITY OF CLAUSES

If one or more of the stipulations of these General Terms and Conditions of Sale are held to be invalid, void or inapplicable in application of a law, regulation or court decision, the other stipulations shall remain valid and fully effective.