Terms of Sales
General conditions of sale applicable on the site: https://www.neobynature.com
Effective date: 01/09/2022
1. Purpose The website https://www.neobynature.com (hereinafter: the “Site”) is an electronic commerce platform, which allows Internet users (hereinafter: the “Buyers”) to acquire various rechargeable hygiene products sold on the Site (hereinafter: the “Products”). The Site has the particularity of marketing its Products by single sale (hereinafter: the “Order”) or by subscription (hereinafter: the “Subscription”).
These general conditions of sale apply without restriction or reservation to all online sales offered on the Site by NEO FAMILY SAS (hereinafter: the “Company”).
The purpose of these general conditions is to define the terms and conditions of online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
The applicable version of the general conditions is the one consultable online on the Site on the date of the Buyer's Order and/or subscription to the Subscription under the conditions indicated in the “Modifications” article.
These general conditions of sale prevail over any other general or specific conditions not expressly approved by the Company.
2. Identity of the seller and contact
The Site is operated by the company NEO FAMILY SAS, registered with the Créteil RCS under number 887 551 117, whose head office is located at 4, Avenue du Val de Beauté, 94130 Nogent sur Marne, which offers the Products for sale.
The Company can be contacted using the following contact details, in particular for any complaints:
9 bis, Rue de Maubeuge,
Telephone: +33 6 23 03 09 98
Email address: firstname.lastname@example.org
3. Legal capacity and acceptance of the general conditions
Legal capacity The Site is accessible:
To any natural person with full legal capacity to commit to these general conditions. Any natural person who does not have full legal capacity can only access the Site with the agreement of their legal representative.
To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
Acceptance of general conditions
Acceptance of these general conditions by the Buyer is evidenced by a check box in the Order and/or Subscription subscription form. This acceptance can only be full and complete. Any acceptance under reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an Order on the Site and/or take out a Subscription.
4. Registration on the Site
Placing an Order does not require registration on the Site by the Buyer. However, registration on the Site is done automatically by ordering a subscription. Registration on the Site allows the Buyer who has subscribed to a Subscription to modify the terms of their Subscription.
In all cases, the Buyer must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the name of the Buyer (hereinafter: the “Account”), giving them access to a personal space (hereinafter: the “Personal Space”) which allows them to allows you to manage your purchases in a form and using the technical means that the Company deems most appropriate.
The Buyer guarantees that all the information he gives in the registration form is accurate, up to date and truthful and is not tainted by any misleading character.
He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that they always correspond to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purposes of creating or updating his Account constitutes proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer can access his Personal Space at any time after identifying himself using his login ID and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using the latter being deemed to be made by the Buyer. The latter must immediately contact the Company using the contact details mentioned in article 2 hereof if they notice that their Account has been used without their knowledge. It recognizes the Company's right to take all appropriate measures in such a case.
5. Product Characteristics
Before any Order and/or subscription to an Online Subscription, and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wants to command.
The Products are offered for sale online while stocks last.
The photographs and descriptions of the Products offered for sale online are as precise as possible. They only bind the Company for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints.
5.5 Lifetime Warranty for Active Subscribers/Customers
As stipulated on the Site, certain Products are guaranteed for life for Subscriber Customers. Are defined as active Subscribers and Customers and therefore the lifetime guarantee applies to Customers who meet the following conditions:
- Having subscribed to an Offer by paying for the following Product: the Bottle Pack + Refill(s) or the Refills alone, or the wall support, (and/or);
- Have subscribed to a Refill Subscription Offer on “Body & Face Washing Gel” Products and;
- Have received a minimum of 6 Recharges in the last 12 months, i.e. three Recharges every 6 months minimum. Requests to exercise the right to a lifetime guarantee are sent to the Company's customer service: (i) by email (to the address: email@example.com); (ii) by post (to the address: 9 bis, rue de Maubeuge - 75009 Paris).
These requests must indicate: certain personal information of the Customer (last name; first name; telephone number; email address); the name of the recipient of the order and their delivery address; the date and place at which the request to exercise the lifetime guarantee is made.
In order to exercise its lifetime warranty on the Products on which the lifetime warranty can be exercised, the Customer must prove the condition of the product using any means requested by the Company's customer service (photos, videos…). If approved by the Company's customer service, the Products must be returned complete for examination and repair, failing which repair is possible, the Products may be replaced by a similar or equivalent product at the discretion of the Company. The following Products are excluded from the lifetime warranty: Refills of any type, whether packaging or tablets, Product accessories (excluding wall mount).
6. Order and Subscription
The Buyer can place an Order for one or more Product(s) and/or subscribe to a Subscription.
Placing an Order and/or subscribing to a Subscription
To place an Order and/or subscribe to a Subscription, the Buyer must select the Product(s) of their choice and place them in their basket, indicating the chosen option (Single Order or Subscription).
He can access the summary of his basket at any time as long as the single Order and/or subscription to the Subscription is not definitively validated and can correct any errors in the elements entered.
The Order and/or subscription to the Subscription are deemed to have been placed by the Company when it can have access to it.
Order or Subscription Confirmation
Once the single Order and/or Subscription has been paid, the Buyer receives a confirmation by email which summarizes the elements of the Order and/or Subscription and the expected delivery time. The Buyer must ensure that the email address provided is correct and that it allows him to receive the Order confirmation email and/or subscription to the Subscription. If this is not received, the Buyer must contact the Company using the contact details mentioned in Article 2. The Company recommends that the Buyer keep the information contained in the Order confirmation and/or Subscription subscription. .
The confirmation of the Order and/or subscription to the Subscription is deemed to have been received by the Buyer when he can have access to it.
Cancellation or suspension of Order or Subscription
The Company reserves the right to cancel any Order and/or subscription to a Subscription in the event of a stock shortage of the Product. The Buyer also has the possibility of suspending his Subscription, in accordance with the provisions of the article “Duration, Unsubscription”
7. Price and payment terms
The sales prices of the Products and the different Subscription plans are displayed on the Site.
Unless otherwise stated, they are indicated in euros, all taxes included (French VAT and other applicable taxes).
The Company reserves the right, at its free discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
Unless otherwise stated, the prices do not include delivery costs that may apply to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the Order and/or subscription to the Subscription by the Buyer.
The Company reserves the right to modify the prices of the Products at any time, at its free discretion. The Buyer will be informed of these modifications by the Company by any useful written means (and in particular by email) at least 1 (one) month before the new prices come into force.
Concerning the single Order: the Buyer placing an Order after the entry into force of the new prices will be deemed to have accepted them;
Concerning the Subscription: the Buyer who does not accept the new prices must terminate their Subscription according to the terms provided for in the article “Duration, Unsubscription”. Failing this, it will be deemed to have accepted the new prices.
Regarding the Single Order
The full price of the Products is due (in euros) upon Ordering. Payment is made: - online by credit card through the Stripe application, payment service provider, which alone retains the Buyer's bank details for this purpose. The Company does not keep any banking details;
- by any other means that will be offered on the Site at the time of the Order.
Regarding the Subscription
Payment of the Subscription price is made by direct debit from the Buyer's bank card number. Payment is implemented by Stripe, under the conditions specified above.
The price of the Subscription is due and its debit is made according to the following methods: the debit for the first Period, as defined in the article “Duration, Unsubscription”, is made on the first day of subscribing to the Subscription ; the withdrawal for the following Periods is made on the first day of the Period in question. Whether it is a single Order or a Subscription, the Buyer guarantees the Company that he has the necessary authorizations to use the chosen payment method.
Concerning the Subscription, he undertakes to take the necessary measures so that the automatic debit of the Subscription price can be carried out. The Company reserves the right to suspend or cancel any Order or delivery and to suspend any Subscription in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt. .
The Buyer can access the invoice corresponding to their Order or Subscription in their Personal Space. Concerning the single Order, he can also access it in the Order confirmation email.
Reservation of title
The Company retains full ownership of the Products sold until full receipt of the price, delivery costs included.
Buyers are expressly informed that the Site only offers delivery of Products to mainland France and Corsica as well as countries of the European Union with a financial surplus for delivery costs.
Delivery of the Products ordered on the Site is made to the address indicated during the Buyer's single Order or Subscription as the "delivery address" (which may be different from the billing address), which cannot be located only in one of the countries referred to in Article 8.1.
Subject to their availability, the Buyer has the choice between two delivery methods:
- delivery to a Relay Point;
- home delivery.
The Company reserves the right at any time to modify the chosen delivery method.
The Buyer is informed, before validating their single Order and/or taking out the Subscription, of the possible delivery methods and the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product according to this method.
The delivery price of the Order is indicated on the Site and recalled in the Order confirmation email.
Delivery costs may be reassessed by the Company based on the rates applied by the carriers.
Delivery is made within the time limit indicated in the Order confirmation and/or Subscription subscription email. If several items are ordered, the Company reserves the right to split shipments.
In such a case, delivery costs will only be invoiced once. In the absence of delivery within the above period, the Buyer may cancel the Order or terminate the Subscription, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having requested the Company, according to the same terms, to make delivery within a reasonable additional period, it was not carried out within this period.
The contract is considered terminated upon receipt by the Company of the letter or writing informing it of this resolution, unless delivery has taken place in the meantime. In the event of termination of the contract according to the terms above, the Buyer will be reimbursed for the full sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.
The Company reserves the right in any case to contact the Buyer in order to offer alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative reimbursement method.
9. Right of withdrawal
The Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered and/or from the date of subscription of his Subscription, to withdraw without having to justify reasons or to pay penalties, with the exception of return costs which remain his responsibility and which he must pay. When your Order concerns several Products delivered separately, the above period starts from receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send the Company to the contact details mentioned in article 2 hereof, before the expiry of the above period, a declaration clearly expressing his wish to withdraw and including his number. order.
The Products must be returned to the Company in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following communication by the Buyer of their desire to withdraw.
They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of damage to the Products upon their return to the Company. The Buyer will be reimbursed as soon as possible, and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the withdrawal request, of the entire sums paid for his Order or his Subscription, deduction where applicable of return costs, which remain the responsibility of the Buyer.
The Company, however, reserves the right to defer this reimbursement until the Products are actually recovered. The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer expressly agrees to a different means. In any case, this reimbursement will not incur any costs for the Buyer.
10. Legal guarantees
The Buyer benefits from legal guarantees of non-conformity as well as hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site. If the Buyer notices that the Product delivered to him has a defect, non-conformity or is damaged, he must inform the Company using the contact details mentioned in article 2 hereof, indicating the nature of the defect, of the non-compliance or damage noted and by sending any useful supporting evidence, particularly in the form of photograph(s).
The Company will organize the return arrangements with the carrier of its choice, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return. The Products must be returned to the Company in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. Returns of Products not complying with the terms described above cannot be taken into account.
The Company will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible if the defect, non-compliance or damage is proven. If replacement of the Product is impossible, the Company will reimburse the Buyer the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen ) days following the date on which the Company informed him of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
- benefits from a period of two years from the delivery of the property to take action;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted. Any consumer can also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code.
In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
11. Obligations of the Buyer
The Buyer is solely responsible for his use of the Products. It belongs to him:
to verify the suitability of the Products to their specific needs prior to purchasing said Products;
to use the Products in accordance with the instructions given on the Product boxes.
He must also take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
12. Company Liability
The Company undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, the Company cannot be held responsible for any temporary difficulties or impossibilities in accessing the Site which originate from circumstances external to it, force majeure, or which are due to disruptions in telecommunications networks.
The Company does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations or constraints. The Company cannot be held responsible for damage resulting from use of the Products that does not comply with the recommendations provided on the Product boxes and from problems not directly caused by poor workmanship of the Product.
The Company cannot be held responsible for any non-compliant use of the Product by the Buyer or by persons for whom he is responsible. In particular, he expressly acknowledges and accepts that it is his responsibility not to place the Product within the reach of children.
The Company cannot be held responsible for non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure as defined in article 1218 of the Civil Code. , it being expressly specified that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blocking of telecommunications networks, means of transport or postal services, including due to strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal obligation or regulatory or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
The Company cannot be held responsible for non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of article 8.2. Thus, in the event of a new delivery, the costs relating to this delivery will be invoiced to the Buyer.
In any event, the liability likely to be incurred by the Company hereunder is expressly limited to proven direct damage suffered by the Buyers.
13. Intellectual property The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site are protected by any intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. and may be subject to legal proceedings.
14. Personal data
The Company practices a personal data protection policy, the characteristics of which are explained in the document entitled “Charter relating to the protection of personal data”, of which the Buyer is expressly invited to read.
15. Advertising The Company reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages and under conditions of which the Company will be the sole judge.
16. Links and third-party sites The Company cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer accesses through the intermediary of the Site.
The Company assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.
The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed through the Site and cannot under any circumstances be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations whatsoever to which these third parties are bound.
17. Prohibited behavior
Are strictly prohibited:
(i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site,
(ii) any intrusions or attempted intrusions into the Company's systems,
(iii) any misappropriation of the Site’s system resources,
(iv) any actions likely to impose a disproportionate burden on the latter's infrastructure,
(v) any breaches of security and authentication measures,
(vi) any acts likely to harm the financial, commercial or moral rights and interests of the Company or users of its Site,
(vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally
(viii) any breach of these general conditions or the laws and regulations in force. It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action.
18. Duration, Unsubscription
Regarding the Order
unique If the Buyer had created an Account on the Site, he may unsubscribe from the Site at any time, by sending a request to the Company to the contact details mentioned in article 2.
Regarding the Subscription
For the Buyer who has taken out a Subscription, the Subscription begins from the first day of registration, for an indefinite period, subject to payment of the price in accordance with article
“Price and payment terms”. The Subscription is concluded for successive periods of 3 (three) months from the first day of registration (hereinafter: the “Period”).
Delivery of the Products will begin the month following the date of subscription to the Subscription. The Buyer will receive one Product per Period. The Buyer is free to terminate or suspend the Subscription at any time, without having to provide a reason, no later than the fifteenth day following the start of a Period.
Any Subscription Period started is due in its entirety.
Any termination of the Subscription and/or unsubscription from the Site must be done by sending a request to the Company to the contact details mentioned in article 2. Consequently, any Buyer not registered on the Site and benefiting from a Subscription must create a Account in order to cancel your Subscription from your Personal Space.
Whether it is a single Order or a Subscription, unsubscription is effective within 48 hours of receipt of the Buyer's request by the Company. It results in the deletion of the Buyer's Account.
The Company reserves the right to modify these general conditions of sale at any time.
The Buyer will be informed of these modifications by any useful means at least 1 (one) month before their entry into force. If he has taken out a Subscription, the modified general conditions will apply from the renewal of this Subscription following their entry into force. If he does not accept the modified general conditions, the Buyer must cancel his Subscription according to the terms provided for in the article “Duration, Unsubscription”. For single Orders, the applicable conditions will be those in force on the date of the Buyer's Order.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.
21. Applicable law and jurisdiction
These general conditions are governed by French law.