General terms and conditions of sale

Phyto.com (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet. It is open to any user of this network (hereinafter referred to as “Internet user”).

The Site allows LABORATOIRE NATIVE to offer cosmetic products (hereinafter referred to as the “Products”) for sale to Internet users browsing the Site (hereinafter referred to as “Users”). For the application of these terms, it is agreed that the User and LABORATOIRE NATIVE will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User having validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.

It is specified that the Products are intended for the personal use of the User, without any direct connection with the latter's professional activity. The User who wishes to purchase on the Site declares to have full legal capacity. LABORATOIRE NATIVE cannot verify the legal capacity of the User or Buyer. Consequently, in the event that a Buyer who does not have legal capacity orders Products on the Site, his or her legal representatives should assume full responsibility for this purchase and in particular ensure payment.

Article 1. Purpose


The purpose of these general conditions of sale is to define, exclusively due to the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. The Buyer declares to have read it prior to his order and the fact of ordering a product on the Site implies the Buyer's unreserved acceptance and his prior, full and complete adherence to these general conditions of sale and guarantees which prevail over any other document, except under specific conditions expressly agreed to in writing by the LABORATOIRE NATIVE Company.

The LABORATOIRE NATIVE Company reserves the right to modify these general conditions of sale at any time, the general conditions of sale applicable to any order being those accepted by the Buyer at the time of validation of their order.

These general conditions of sale are supplemented by the Personal Data and Cookies charter.

Article 2. Products - Price - VAT


2.1. Products
The Products offered for sale by LABORATOIRE NATIVE are those which appear on the Site, on the day the User consults the Site, and within the limits of available stocks. The photographs illustrating the Products do not fall within the contractual scope.

2.2. Price
The prices of the Products are indicated in euros (€). They take into account the VAT applicable on the day of the order. LABORATOIRE NATIVE reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration of the order, subject however to the availability of said products. Products. Any shipping costs are charged extra.

2.3. VAT
In accordance with current legislation in Europe, we apply the VAT rate of the Member State in which the goods are shipped or in which the services are provided. Information on EU VAT rates is available on the European Commission website and on the websites of national tax administrations.

2.4. “Dangerous” products
Some products are qualified as “dangerous” with regard to delivery standards. Their shipments require a special procedure and may lead LABORATOIRE NATIVE to restrict the quantity sold per order or cancel delivery.

Article 3. Registration and validation of the order


3.1. Navigation within the Site
The User can freely browse the different pages of the Site, without being committed to an order.

3.2. Registering an order
If the User wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on the “Add to cart” box.

At any time, the User can obtain a summary of the Products he has selected or modify his order, by clicking on “my basket”.

A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the User can continue his order by clicking on: “ORDER”. The User must then identify themselves, either by entering his e-mail address as well as his password, if he is already a customer, or by accurately completing the form made available to him, on which he will include the information necessary for his identification and in particular his name, first name , address.
The User is informed and accepts that the entry of any identifier constitutes proof of his identity and demonstrates his consent.

The User can during the order process modify and correct data entered such as the composition of the basket, the delivery and invoicing address before final validation of the order.

3.3. Final validation of the order – Payment security
After having read the status of their order, and once all the requested information has been provided by the User, they will choose the payment method they wish to use to pay for their order. The latter must click on “PAY AND PLACE THE ORDER” in order to definitively confirm their order.

Payment for the Order is made online on the Site using a payment card (Visa, Carte Bleue, Mastercard) or via PAYPAL. Payment is made via the secure server of the ADYEN company. This implies that no banking information concerning the Customer passes through the Site or LABORATOIRE NATIVE's computer system, which ensures completely secure payment.

As soon as payment is validated, the order is recorded and becomes irrevocable, without prejudice to its right of withdrawal (the terms of which are described below). The User then becomes a Buyer. The order form is recorded in the computer records of LABORATOIRE NATIVE, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The Buyer guarantees that he is fully authorized to use the payment card used, that the latter is valid and provides access to sufficient funds to cover all costs necessary to pay for the order.

3.4. Order confirmation
When the Buyer has validated his payment, a summary of the order will be sent to him electronically, to the e-mail address entered by the Buyer at the time of his identification, prior to placing the order. In the event of an error in entering the e-mail address or more generally non-receipt of the order summary, the liability of the LABORATOIRE NATIVE Company cannot be engaged.

This order confirmation will summarize the following elements: the terms of payment, delivery and, where applicable, delivery costs, the characteristics of the Product(s) ordered, the conditions and terms of exercise of the right to retract ; - the address where the Buyer can submit complaints, information relating to after-sales service and commercial guarantees.

If confirmation of the order does not arrive within 24 hours of formalizing the order, the Buyer can contact our Customer Relations Department via the Contact form. Likewise, if the Buyer has a question about previous orders, he can contact the LABORATOIRE NATIVE Company via this same form.

Article 4. Delivery


4.1. Delivery costs
The order will be executed at the latest within thirty (30) days from the day following that of the Buyer's validation of his order.

List of delivery areas and prices:
Country Sending method Price Available from
Metropolitan France, Corsica, Monaco (excluding DOM TOM) Colissimo 4.90€ 50.00€
Italy (excluding San Marino) Chronopost International €7.90 50.00€
Spain (excluding Canaries) Chronopost International €7.90 50.00€
Portugal (excluding Madeiras and the Azores) Chronopost International €7.90 50.00€
Belgium Chronopost International €7.90 50.00€
Germany Chronopost International €7.90 50.00€

These prices are considered all taxes included.

In exceptional periods, delivery times may be extended.

4.2. Delivery tracking
The buyer can track the delivery status via the carrier's website. The number tracking ro will be displayed on the order summary within the buyer's account or on the order tracking email sent to the buyer once the package has been collected by the carrier.

4.3. Delivery terms
Upon receipt of the Products ordered, the Buyer must check the conformity of these Products. Any anomaly concerning delivery (missing or broken product, damaged package, etc.) must be reported by the Buyer and must be notified on the same day of receipt or at the latest on the first working day following receipt, at NATIVE LABORATORY consumer service. Any complaint made after this deadline will be rejected and LABORATOIRE NATIVE will be released from all liability. In the event of an anomaly relating to the package or the Product(s), and after having reported it to LABORATOIRE NATIVE within the period mentioned above.

The Buyer must return it(ies) in its(their) packaging and its(their) original packaging according to the conditions of article 5 “Right of withdrawal” defined below and within the period of fourteen 14 days from from receipt of the order.

LABORATOIRE NATIVE reserves the right to check the returned Product(s), to study the reason for the request and therefore to proceed or not with the free replacement of the Product(s) without no compensation is due. In the event of unavailability of the ordered product, the Buyer will be informed of this unavailability. With the prior agreement of the Buyer, a product of equivalent quality and price will be offered. In the absence of agreement from the Buyer, the latter may, where applicable, be reimbursed at the latest within thirty (30) days of payment of the sums he has paid.

LABORATOIRE NATIVE declines all responsibility in the event of non-delivery or delay in delivery due to a case of force majeure, the fault of a third party or a fault attributable to the Buyer. In the event of late delivery, the Buyer must report this delay as quickly as possible to LABORATOIRE NATIVE consumer service, using the Contact form.

Article 5. Cancellations, returns and refunds


5.1. Cancellations and returns
NATIVE LABORATORY strives to deliver to its customers as quickly as possible. You can cancel your order within one hour of receiving your order confirmation email by contacting LABORATOIRE NATIVE customer service via: france@phyto.com.

If all or part of the order does not suit you, you have a withdrawal period of 14 days following receipt of the products. The return concerns products delivered in good condition, with the exception of dangerous products (paragraph 2.4). The products must be presented in their original packaging without having been used, with the gifts sent in the order, if applicable.

To proceed with your return request, please go to the following link: Contact customer service

5.2. Refunds
The refund will be for the products and the initial delivery costs directly to the credit card used when ordering.
The shipping costs linked to the return of your products remain your responsibility.

The refund will be made within a few days after receipt of your package. The refund will be effective if the conditions mentioned above are effective. It may take up to 21 business days for funds to be credited to your original payment method as the following steps must be taken:
Return deadlines
Delivery time to return to LABORATOIRE NATIVE
Processing and inspection for reimbursement approval
Authorization from the financial department to make a reimbursement
It may take up to 7 business days for the funds to be credited to your payment method after the finance department has processed the refund

Article 6. Right of withdrawal


The Buyer has a period of fourteen (14) clear days to inform LABORATOIRE NATIVE of his wish to withdraw. This period runs from the day of receipt of the order. The Buyer, to exercise this right of withdrawal, must inform LABORATOIRE NATIVE of his decision to withdraw by mail within this period.

The Buyer must return, at their own expense, the Product(s) in their original packaging, at the latest within fourteen (14) days following communication of their decision to withdraw, upon The following address: PHYTO - Order returns - 54 rue Monceau 75008 PARIS - FRANCE.

When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day. For reasons hygiene and health, and in accordance with article L221-28 of the Consumer Code, Products which have been opened by the Buyer after delivery cannot be subject to a right of withdrawal and therefore 'reimbursement.

If the aforementioned conditions are met, LABORATOIRE NATIVE will reimburse the Buyer for all sums paid by the Buyer, as soon as possible and at the latest within fourteen (14) days following the date on which LABORATOIRE NATIVE was informed of the Buyer's decision to withdraw. LABORATOIRE NATIVE reserves the right to defer reimbursement until recovery of the Product(s). Initial delivery shipping costs are included, with the exception of return costs which remain the responsibility of the Buyer.

Article 7. Mediation


The BUYER is informed of the possibility of resorting to consumer mediation for any disputes that may arise regarding the sale of LABORATOIRE NATIVE products.

In accordance with the order of August 20, 2015 and the implementing decree of October 30, 2015, the BUYER may contact the CMAP – Paris Mediation and Arbitration Center - to settle amicably by mediation any dispute or so-called dispute. of consumption, subject to article L612-2 of the consumer code.

Disputes for which the request is manifestly unfounded or abusive, or has previously been examined or is currently being examined by another mediator or by a court, cannot be the subject of a review by the mediator, or if the The BUYER has submitted his request to the mediator within a period of more than one year from his written complaint to LABORATOIRE NATIVE or if the dispute does not fall within the field of competence of the mediator, or finally if the consumer does not justify having attempted, beforehand, to resolve their dispute directly with LABORATOIRE NATIVE by a written complaint.

To submit their dispute to the mediator, the BUYER can complete the form on the CMAP website: www.mediateur-conso.cmap.fr, or send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommateurs@cmap.fr.

Article 8. Legal Guarantee


The Buyer benefits from the legal guarantee of conformity (article L.217-4 et seq. of the Consumer Code) and defects in the item sold (article 1641 et seq. of the Civil Code).

The Buyer is informed that the guarantor of the conformity of the goods is the company LABORATOIRE NATIVE, located 54 rue Monceau – 75008 PARIS.

In the event that the Buyer acts under the legal guarantee of conformity, independently of any commercial guarantee, he has a period of two years from delivery of the goods to act. The Buyer is exempt from providing proof of the existence of non-conformity during the period of six months from delivery of the Product(s). This period is extended to twenty-four months for any purchase of new Product(s) from March 18, 2016.

In the event of non-compliance, the Buyer may choose between replacement or reimbursement of the Product(s), subject to the conditions provided for in article L.217-9 of the Consumer Code.

In the event that the Buyer acts as a legal guarantee for defects in the item sold, he chooses between canceling the sale or reducing the sale price.

Article 9. Personal data


LABORATOIRE NATIVE respects your concerns regarding the protection of your privacy and personal data.

Your personal data is collected and processed by LABORATOIRE NATIVE. In the context of online sales, the provision of certain of your personal data is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.

Failure to provide information implies automatic rejection of the order. Certain data may also be used to send you information and/or promotional offers on the brand's products.

In accordance with the provisions of the “Informatique et Libertés” law of January 6, 1978 as amended as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him.

The Buyer also has the right to formulate and communicate directives relating to the fate of his personal data after his death and to lodge a complaint. with a competent authority. To exercise one or more of these rights, the Buyer must complete the Contact form available on the Site.

All of LABORATOIRE NATIVE's commitments regarding the protection of personal data are available on the Personal data and cookies page.

Article 10. Limitation of liability


No Party will be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure. Events meeting the criteria set by case law will be considered as force majeure. The Party invoking an event constituting force majeure must notify the other Party within five working days following the occurrence or threat of this event. The Parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

Article 11. Partial non-validity


If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.

Article 12. Entire contract


These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, these general conditions of sale will prevail.

Article 13. Intellectual property


These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, these general conditions of sale will prevail.

The LABORATOIRE NATIVE brand, the Site, as well as all the elements which compose it (such as, in particular, brands, logos, photographs, images, illustrations, texts, slogans, video, structure of the Site) are the exclusive property of the LABORATOIRE NATIVE company, the only company authorized to use the intellectual property rights and personality rights relating thereto, or of the holder of the intellectual property rights concerned.

Any reproduction and/or representation in whole or in part, use, adaptation or modification, of the Site or any of the elements which compose it, on any medium whatsoever and in any form whatsoever, is expressly prohibited, unless authorized written and prior to the Company LABORATOIRE NATIVE. The creation of hypertext links to the Site can only be carried out with the prior written authorization of the Company LABORATOIRE NATIVE.

Article 14. Applicable law - Competent jurisdiction


Sales of LABORATOIRE NATIVE Company products are subject to French law regardless of the country of residence of the Buyer and the place where the Order is placed. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between LABORATOIRE NATIVE and the buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be under exclusive jurisdiction. competent French courts in application of the rules laid down by the French code of civil procedure.
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