The present conditions are concluded between the company LABORATOIRE DIELEN, RCS Cherbourg n° 311 810 667 (hereinafter referred to as "DIELEN"), and any person wishing to make a purchase (hereinafter referred to as the "Customer") via the Internet site www.dielen.fr/boutique/ (hereinafter referred to as the "Site"). DIELEN and the Customer will be referred to together as the "Parties".
Customers are either consumers or professionals. For the purposes of these terms and conditions, only a natural person acting for private purposes, or for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity, is considered a "consumer".
Certain stipulations of these terms and conditions shall apply exclusively to Professional Customers, or conversely to Consumer Customers. In this respect, professional customers undertake to indicate their professional status when placing their order.
The present conditions constitute a distance selling contract, defining the rights and obligations of DIELEN and the Customer in the context of the sale of the products referenced on the Site, i.e. food supplements intended for human nutrition, hereinafter referred to as the "Product(s)".
They only govern sales where delivery takes place in Metropolitan France. Customers outside mainland France are invited to contact the Export Department by telephone: 02 33 23 43 90 or by e-mail: contact@dielen.fr to obtain information on how to order the Products.
The general terms and conditions of sale applicable are those in force on the day the order is placed by the Customer. They cancel and replace any previously applicable conditions.
The stipulations of the present general terms and conditions may not be modified by contrary stipulations without the express written agreement of the Parties.
DIELEN reserves the right to adapt, modify or update the general terms and conditions of sale at any time. In the event of adaptation, modification or updating, the general terms and conditions of sale in force on the day the order is placed will apply to each order.
Placing an order implies the Customer's full and unreserved acceptance of the general terms and conditions of sale set out below. In this respect, validation of the order confirms the Customer's full and unreserved acceptance of the present conditions.
The fact that one of the parties does not avail itself of one of the present conditions at a given time may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date. The invalidity of any clause of these terms and conditions shall not affect the validity of the terms and conditions as a whole.
The Customer declares that he/she has the capacity to enter into the present contract, i.e. that he/she is of legal age and not under guardianship or trusteeship.
The Customer shall place orders in accordance with the instructions given on the Site. In particular, before placing any order, the Customer must register on the Site by creating a personal account.
The Customer undertakes to fill in the registration form and the order form with the necessary, complete and accurate information.
In any event, the Customer is responsible for the information entered when placing an order. In the event of an error in the wording of the recipient (name, address, etc.), DIELEN cannot be held responsible for any delays in the delivery of the Products.
Once the selection of Product(s) has been completed, the Customer can access his/her shopping basket, summarizing the number of items selected and their total price including VAT.
Before validating his/her order, the Customer has the opportunity to check the Products selected, the quantity and the price, and to correct any errors.
After payment, the Customer receives an order confirmation e-mail, accompanied by a link to the present general terms and conditions and the withdrawal form.
This confirmation e-mail validates the order and formalises in a firm and definitive manner the distance selling contract concluded with DIELEN.
In any case, DIELEN reserves the right not to accept an order for a legitimate reason - difficulty of supply, problem concerning the comprehension of the received order, foreseeable problem concerning the delivery, or abnormality of the ordered quantities...etc. - then, DIELEN will inform the Customer by e-mail. - DIELEN will then inform the Customer by e-mail. DIELEN also reserves the right not to satisfy any Customer request that is exorbitant or derogatory to common law and its general conditions, or in the event of an ongoing dispute with the Customer.
DIELEN takes the utmost care in communicating information relating to the essential characteristics of the Products, in particular by means of technical descriptions provided by its partners and suppliers and photographs illustrating the Products. In any case, DIELEN cannot be held responsible for any changes or errors concerning the description of the characteristics of the Product purchased, unless the essential characteristics of the Product are affected.
Use of the Products is the sole responsibility of the Customer. Under these conditions, the Customer is obliged to use the Product in accordance with its intended purpose, in particular by complying with the applicable legal and regulatory provisions, the instructions for use and the dosage indicated on the packaging.
The Products are offered for sale within the limits of available stocks.
The availability of Products is confirmed by DIELEN when it sends the order confirmation e-mail referred to in article 2.
In any event, in the event that one of the Products ordered is not available when the Customer's order is processed, DIELEN undertakes to contact the Customer as soon as possible in order to inform him/her of the timeframe within which this Product may be delivered. If this delay is too long, the Customer may choose to cancel the order and the sums paid will be reimbursed as soon as possible.
Products are invoiced according to the price list in force on the Site on the day the order is placed. Prices are indicated in euros and include all taxes for consumer customers, the VAT applicable being that in force at the time of invoicing.
- For purchases of fifty (50) euros or more, postage and packing are free.
- For purchases of less than fifty (50) euros, postage and packing are invoiced in addition and clearly indicated to the Customer before the order is validated.
DIELEN reserves the right to modify its sales prices at any time. However, no modification subsequent to the order will be applied.
Orders are payable in euros, in full and in cash. The total price of the order (Products and any delivery charges) is indicated at the end of the online order, before it is validated. Payment is made by credit card on the site of DIELEN's financial partner.
Delivery is made to the address given by the Customer at the time of ordering. DIELEN shall in no event be held responsible in the event of delay and/or non-delivery due to a false or erroneous address or to which delivery proves impossible.
Product delivery times are expressed in working days.
DIELEN shall not be held responsible for any delay or failure to receive due to a case of force majeure - as stipulated in article 8 hereof - or to a fault on the part of the Customer.
In any event, in the case of orders from Consumer Clients, in the event of failure to deliver within the expressly agreed delivery period, or in the event of failure to agree on a delivery period, in the event of failure to deliver no later than 30 days after the conclusion of the contract, the Consumer Client may give DIELEN formal notice, by registered letter with acknowledgement of receipt, to proceed with delivery within a reasonable additional period. Should DIELEN fail to meet this new deadline, the Consumer Client may cancel the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by DIELEN of this letter, unless it has been performed in the meantime; the sums paid by the Consumer Client will then be reimbursed without interest or compensation at the latest within 14 days of the date on which the contract was terminated.
Each delivery is deemed to have been made as soon as the Products have been physically handed over to the Customer, or his/her authorized representative, who undertakes to sign the delivery note for the Products.
It is the Customer's responsibility to check the packaging of the Products, their number and their apparent condition on the day they are received. This verification is considered to have been carried out as soon as the Customer, or a person authorized by the Customer, has signed the delivery note.
In the event of a dispute, deterioration of the Product during transport, damage, shortage or delay, it is the Customer's responsibility to formulate any dispute or reservation to DIELEN by registered letter with acknowledgement of receipt within 3 days, not including public holidays, following receipt of the Products under the conditions set out in article 7 hereof. The letter should be addressed to Laboratoire Dielen Zone Produimer - Port des Flamands, 50110, TOURLAVILLE, FRANCE
In accordance with article L. 224-65 of the French Consumer Code, when the consumer customer personally takes delivery of the items transported and when the carrier does not justify having given him/her the opportunity to effectively check their good condition, the aforementioned period is extended to ten (10) days.
If the customer is absent at the time of delivery, a delivery notice is left in the letterbox explaining how to collect the Products.
In application of article L. 221-18 of the French Consumer Code, the consumer customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the Products ordered.
To exercise his right of withdrawal, the Consumer Customer must, within the period indicated above, send DIELEN a written document specifying without ambiguity his wish to withdraw or return the standard form for exercising the right of withdrawal to the contact details indicated in article 12 hereof, or complete the online form.
The Consumer Customer must return the Products, to the address indicated in article 12 hereof, within fourteen (14) days of communicating his/her decision to withdraw, in their original packaging, unopened and unused, without any trace or mark, with all possible accessories (including instructions).
The Consumer Customer is responsible for the cost of returning the Products.
DIELEN undertakes to reimburse the Consumer Customer within fourteen (14) days of receipt of the Consumer Customer's decision to withdraw. Nevertheless, DIELEN is entitled to defer this reimbursement until the Products have been recovered or until the Consumer Client has provided proof of their shipment.
Reimbursement is made using the same methods as those used to pay for the Products in question, unless the Consumer Client expressly agrees to the use of another means of payment.
DIELEN is bound by the legal guarantees in force, i.e. the legal guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code for consumer Clients and 1603 et seq. of the French Civil Code for professional Clients) and the legal guarantee of hidden defects (articles 1641 et seq. of the French Civil Code).
When acting under the legal guarantee of conformity, the consumer Client:
- benefits from a period of 2 years from delivery of the good to act;
- may choose between repair or replacement of the good. However, DIELEN may not proceed according to the Consumer Customer's choice when this choice entails a cost that is manifestly disproportionate to the other method, given the value of the good or the importance of the defect.
- is exempted from proving the existence of the lack of conformity of the good for a period of 24 months from delivery of the good.
The legal warranty applies independently of any commercial warranty that may have been granted.
When invoking the warranty for hidden defects, the consumer customer may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
After complaints have been made to DIELEN under the conditions of article 5.2, concerning apparent defects or the non-conformity of the Products delivered with the Products ordered, the Products must be returned by the Customer, after express agreement by DIELEN, with all their possible accessories (including instructions).
The return will give rise to reimbursement of the Customer, after qualitative and quantitative verification of the Products returned and the reality of the alleged defect or non-conformity.
When DIELEN's liability is incurred as a result of a fault on its part, compensation only applies to direct, personal and certain damages that the Customer has suffered, to the express exclusion of compensation for all indirect and immaterial damages and/or prejudices, such as financial prejudice, damage to image, etc. The amount of damages that DIELEN may be required to pay to the Professional Customer under the aforementioned conditions is in any event limited to the total amount of the order for the Products concerned.
In any case, DIELEN declines all responsibility, in particular:
- For the choice of Products by the Customer, DIELEN having no obligation to advise in this respect;
- For the consequences of abnormal or non-compliant use of the Products by the Customer himself or a third party;
- For damage resulting from modifications made to the Product.
However, DIELEN may exonerate itself from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
DIELEN cannot be held liable for any temporary or permanent damage to the Customer's computer system, or for any loss or damage suffered as a result of accessing or browsing the Site. The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, DIELEN cannot be held responsible for the availability or interruption of the online service.
In the event of a case of force majeure preventing DIELEN from fulfilling its obligations, the contract will be immediately suspended, as of the notification made by DIELEN to the Client, given by any means. In the same way, DIELEN will inform the Client of the cessation of this event and performance of the contract will then resume immediately on the date of this notification.
The entire content of the Site or of any advertising material (illustrations, texts, labels, trademarks, images, videos) is the property of DIELEN or is used with the authorization of the holders of the rights in question. Reproduction in whole or in part, as well as the creation of hypertext links, is prohibited, unless DIELEN gives its express prior authorization.
DIELEN collects, records, changes, uses and transmits Customer personal data for the purposes of fulfilling orders placed, Customer relations, Customer advice and services, and for the preservation of DIELEN's business interests, in particular for the purposes of preserving evidence.
In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, the personal data collected from Customers is processed automatically, as part of a file declared to the CNIL under DIELEN's responsibility under number 1994373v0.
The purpose of processing Customers' personal data is to process orders, requests for information and Newsletter subscriptions, and more generally to manage the Customer file. Customers' personal data is intended for DIELEN and any service providers and partners in charge of processing or analyzing it for research purposes.
In all cases, the Customer has the right to access, modify, rectify and delete any data concerning him/her, in accordance with the French Data Protection Act No. 78-17 of January 6, 1978. To exercise this right, simply contact DIELEN at the address given in article 12 of these terms and conditions.
The Customer may in any case object to the use of his personal data.
The use of personal information for purposes other than those mentioned above will only be possible if the Customer has given his consent.
The parties agree that these conditions and their consequences are governed by French law. The language of the present conditions and of the relations between the parties is French.
11.1 The Consumer Customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.
The Consumer Customer may submit any dispute with DIELEN to a consumer mediator.
Mediator to contact in the event of a dispute: mediateurduecommerce@fevad.com
11.2 Any dispute between DIELEN and a professional Customer relating to the execution of the present terms and conditions will fall within the exclusive jurisdiction of the courts of CHERBOURG, to which jurisdiction is expressly and in advance granted, even in the event of a warranty claim or multiple defendants.
For any questions or complaints relating to the Products, their order, their personal data, the right of retraction or the application of the Product guarantee, the Customer may contact DIELEN using the following details:
By post: Laboratoire Dielen Zone Produimer - Port des Flamands, 50110, TOURLAVILLE, FRANCE
By telephone: 02 33 23 43 90
By fax: 02 33 20 19 54
By e-mail: contact@dielen.fr