Article 1 – Purpose and acceptance of the GCS
The company LEDVARD, a simplified joint stock company with capital of €30,000, headquartered at 83 Impasse de la Fruitière – 74350 Allonzier-la-Caille, registered with the Registre du Commerce et des Sociétés de Thonon under number RCS 951 566710.The company, registered with the Thonon Trade and Companies Register under number RCS 951 566710, intra-community VAT number: FR36951566710, e-mail: contact@ledvard-sport.com, represented by Thomas FEVRE in his capacity as Chairman, specializes in the design and sale of dietary supplements for athletes (hereinafter the “Dietary Supplements”) and accessories (hereinafter the “Accessories”), the Dietary Supplements and Accessories being referred to hereinafter together or separately as the “Products”.
These general terms and conditions govern the sale of Products by the company LEDVARD on the website www.ledvard-sport.com (hereinafter the “Site”) to any natural person of legal age acting for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity (hereinafter the “Customer”).
When the Customer clicks on the “Order with payment obligation” icon to confirm his/her order for the Product(s) he/she has selected, he/she acknowledges that he/she has read the present terms and conditions of sale and accepts them unreservedly.
The Customer is therefore invited to read the following clauses carefully.
The Customer may not purchase any of the Products presented on the Site without first accepting the present General Terms and Conditions of Sale.
The Customer declares that he/she has full legal capacity to enter into the present Terms and Conditions.
For the purposes hereof, it is agreed that the Customer and LEDVARD are collectively referred to as the “Parties” and individually as the “Party”.
Article 2 – Products
– 2.1 Essential characteristics of the Products
The PRODUCTS sold on the Site are new and comply with all applicable European and French legislation, regulations and standards.
The company LEDVARD informs the Customer of the essential characteristics of the Products offered for sale and in particular:
– the name,
– the reference,
– the price.
With regard to Food Supplements in particular, the company LEDVARD also informs the Customer of the following characteristics in particular:
– list of ingredients,
– the quantity of certain ingredients or categories of ingredients (Quid),
– net quantity,
– the date of minimum durability or the use-by date,
– special advice on storage and/or use,
– the name or company name and address of the operator responsible for the information on the label,
– country of origin or place of provenance when this information is required,
The Customer is informed that Dietary Supplements are not medicines.
The company LEDVARD invites the Customer to take note of these characteristics.
– 2.2 Availability
The company LEDVARD undertakes to honour online orders while stocks last.
The Products available are those shown on the Site on the day the Customer consults it, unless otherwise stated.
The company LEDVARD reserves the right to cease marketing a Product at any time, without affecting orders already placed for said Product.
In the absence of availability, LEDVARD undertakes to inform the customer by e-mail as soon as possible.
The customer may then cancel or modify his order, and a substitute product may be sent to him with his agreement in the case of an accessory.
In the event of cancellation, the Customer will be reimbursed within a maximum of fourteen (14) days from receipt of the reimbursement request if payment has already been made.
Article 3 – Prices
Prices are given in euros, inclusive of all taxes, but exclusive of shipping costs.
The price to be paid is that indicated on the Site at the time of validation of the basket and corresponds to the total of the Products ordered, the amount of the processing and transport costs, and the VAT rate. A promotional offer on the Site may reduce the price.
It is specified that the value-added tax is French VAT at the standard rate in force on the day the order is validated. If the VAT rate is modified, these changes may be reflected in the price of the Products.
The company LEDVARD reserves the right to modify the prices indicated on the Site at any time and without prior notice. Products will be invoiced on the basis of the prices in force at the time the order is validated by the Customer.
Article 4 – Customer account
Orders are placed online, directly on the Site.
For the first order, the Customer must create a customer account: a login and password must be entered by the Customer.
To create an account, the Customer must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
If you lose your password, enter your e-mail address in the appropriate field and the system will automatically send it to your e-mail address.
The information provided by the Customer when creating a customer account is binding. The Customer shall therefore be solely liable for any errors, omissions or inaccuracies in the information provided.
Article 5 – Placing an order
The Customer places an order from the Products presented on the Site and chooses the quantity. Any order implies acceptance of the price corresponding to the Product(s) ordered.
He also indicates the delivery address, chooses the delivery method and the means of payment.
Once the order has been completed, the Customer can check the Product(s) ordered, their number and the total price of the order in a summary. They may, if they wish, modify or cancel their order.
By clicking on the “Order with obligation to pay” button, the customer confirms that he/she accepts the order and all the present General Terms and Conditions of Sale, without reservation.
The information recorded by the customer when placing an order is binding, and LEDVARD cannot be held responsible for any typing errors.
Finally, the customer proceeds to payment. They can print out their order form.
As soon as the order is registered, an acknowledgement of receipt is sent to the e-mail address provided.
This acknowledgement of receipt specifies :
– the order number,
– the essential characteristics of the Product(s),
– the quantity of Products ordered,
– the invoiced amount, including transport costs,
– payment confirmation,
– the delivery method and address,
– contact details for LEDVARD,
– information on after-sales service and commercial warranties, where applicable,
– A reminder of the legal warranties of conformity and latent defects;
– information on the terms and conditions for exercising the customer’s right of withdrawal.
This acknowledgement of receipt validates the transaction. The Customer accepts that the computerized order registration systems are proof of the purchase and its date.
It is the customer’s responsibility to take all necessary measures to ensure that the e-mail sent is not blocked by a mail filtering device. The company LEDVARD cannot be held responsible in this respect.
LEDVARD reserves the right to refuse or cancel any customer order in the event of :
– dispute relating in particular to the non-payment of a previous order existing with the Customer;
– abnormal order quantities.
Article 6 – Payment and security
Full payment is made via Stripe, the online payment processing platform, at the time of ordering, in euros and by credit card, Paypal or any other means offered by Stripe. Payment by check is not possible, nor is payment by cash, for technical and security reasons.
The Stripe platform is a secure payment solution: https://stripe.com/docs/security?locale=fr-FR
LEDVARD does not receive or store any banking information relating to the Customer.
At no time may the sums paid be considered as deposits or advance payments.
The transaction is immediately debited from the customer’s credit card after verification of the customer’s credit card details, and upon receipt of debit authorization from the company issuing the credit card used by the customer.
The commitment to pay by credit card is irrevocable. By providing his/her credit card details, the Customer authorizes his/her credit card to be debited for the amount corresponding to the price of the Products plus delivery charges, all taxes included.
To this end, the Customer declares that he/she is the holder of the bank card to be debited, that the name appearing on the bank card is indeed his/her own, and that he/she has the necessary authorizations to proceed with payment where applicable.
In the event of fraudulent use of the customer’s credit card on the Site, the customer is invited to contact LEDVARD by e-mail at the following address: contact@ledvard-sport.com
In the case of payment of the order by Paypal, the Customer with a PayPal account enters his/her e-mail address linked to his/her PayPal account and his/her PayPal password. PayPal encrypts all the information provided by the customer when creating an account, and no information other than the customer’s e-mail address is communicated to LEDVARD. Financial and personal information is automatically encrypted when any sensitive information is sent to PayPal servers.
In the event that it is impossible to debit the sums owed by the Customer, the online sale will be immediately cancelled by operation of law and the order will be cancelled.
A detailed invoice is available in the customer account on the Site.
Article 7 – Reservation of ownership
The Products remain the property of LEDVARD until receipt of all sums due by the Customer for the order, including charges and taxes.
The provisions of the present article do not prevent the transfer to the CUSTOMER of the risks of loss or damage relating to the Products, as well as the risks of damage they may cause, at the time of receipt of the Products by the Customer, or by a third party designated by the latter other than the carrier.
Article 8 – Delivery and acceptance of Products
Delivery is made by carrier to the delivery address given by the Customer when validating the order, which must be located in Europe.
The Customer must ensure that the delivery address and telephone number are correct.
Please note that LEDVARD cannot be held responsible for late or incorrect deliveries due to incorrect address information entered by the customer at the time of ordering. In this context, all costs incurred for the return of the Products will be entirely at the Customer’s expense.
Delivery times are calculated in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including order processing, preparation and dispatch.
If the delivery date is exceeded, the Customer may rescind the sales contract by sending a registered letter with acknowledgement of receipt to the following address: LEDVARD 83 Impasse de la Fruitière – 74350 Allonzier la Caille or by e-mail to the following address: contact@ledvard-sport.com, if after having requested the company LEDVARD to make delivery within a reasonable additional period, the latter has not complied within this period.
Where applicable, the contract is considered terminated on receipt of the letter by LEDVARD, unless delivery has been made in the meantime.
In the event of cancellation, the Customer will be reimbursed, by the same means of payment, for all sums paid, as soon as possible and at the latest within fourteen (14) days of the date of receipt of the letter by LEDVARD.
The company LEDVARD cannot be held responsible for non-performance of the contract, in particular in the event of failure or delay in delivery, due to the customer (incorrect information in the delivery address), to an unforeseeable and irresistible act of a third party to the contract or to a case of force majeure.
Upon receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to make any reservations or claims on the carrier’s delivery slip, and to inform LEDVARD by sending photographs and a copy of the reservations made to the carrier by e-mail within three (3) working days of the date of delivery of the Products to the following e-mail address: contact@ledvard-sport.com.
The Customer is also required to check the conformity of the Products received in fulfilment of his order at the time of delivery.
Any non-conformity or missing Product must be notified to LEDVARD within the legal time limits, as set out below.
Article 9 – Warranties and customer service
– 9.1 Legal warranty of conformity and warranty against hidden defects
It is reminded that the company LEDVARD is bound by the legal guarantee of conformity mentioned in articles L.217-1 to L. 217-32 of the consumer code and that relating to defects in the thing sold, under the conditions set out in articles 1641 to 1648 and 2232 of the civil code.
The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :
1°The professional refuses to repair or replace the good;
2°The repair or replacement of the good occurs after a period of thirty days;
3°The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;
4°The property’s non-conformity persists despite the seller’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.
The consumer does not have the right to rescind the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the warranty that was in force until delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.
In the event of a return for non-conformity or latent defect, the Customer must make a request to LEDVARD customer service, detailing the defect or non-conformity found.
LEDVARD will examine the Customer’s request and, at the Customer’s option, replace the defective Product(s).
– 9.2 Warranty exclusions
Application of the above guarantees is subject to payment in full of all sums due to LEDVARD and to final collection of said sums.
All warranties are excluded in the event of :
– poor storage conditions for food supplements;
– use of the Nutritional Supplements by the customer or any third party that does not comply with their purpose and/or the instructions on LEDVARD ;
– misuse of Accessories ;
– deterioration of the Product by an external factor or by the Customer or a third party.
– 9.3 Customer service
For any information, questions or complaints, please contact LEDVARD :
– by e-mail: contact@ledvard-sport.com
– by post: LEDVARD SAS – Service Clients – 83 Impasse de la Fruitière – 74350 Allonzier la Caille
Article 10 – Right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the Products, or of the last item in the case of separate delivery, to exercise his/her right of withdrawal, without having to justify his/her reasons or pay any penalties, with the exception of return costs, by completing the standard withdrawal form available on the Site or by sending an e-mail to the following e-mail address: contact@ledvard-sport.com The Customer will then receive, without delay, an acknowledgement of receipt of his/her withdrawal by e-mail.
Within fourteen (14) days of sending the withdrawal form or e-mail to LEDVARD, the Customer must return the Product(s) to the following address:LEDVARD SAS – Retours Clients – 83 Impasse de la Fruitière – 74350 Allonzier la Caille.
It is the Customer’s responsibility to keep the proof of deposit of the parcel which will be given to him by the Post Office or the carrier, the stamp being proof of the date of return of the Product. As the return is at the Customer’s expense, no refund will be made in the event of loss of the parcel.
The company LEDVARD undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction unless the Customer expressly agrees to a different means, the price of the Product(s) as well as the delivery costs in the event of the return of all the Products delivered (with the exception of additional costs arising from the fact that the Customer has chosen, without undue delay and no later than fourteen (14) days following the date of receipt of the Products by LEDVARD or the date on which the Customer provides proof of shipment of the Products, whichever is the earlier.
The risks and costs of return are the sole responsibility of the Customer.
The right of withdrawal may only be exercised for Products returned complete, unopened, in perfect condition, clean and in their original packaging. Products returned incomplete, spoiled, soiled, damaged or unfit for sale, for any reason whatsoever, will not be accepted.
In particular, the packaging of Food Supplements must not have been opened.
The Customer is liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.
Article 11 – Liability
LEDVARD is not bound by any obligation of result with regard to the effects of the Products.
LEDVARD cannot be held liable for any damage caused to the Product, to property other than the Product, to the Customer or to any other person, resulting from use that does not comply with the instructions given by LEDVARD or from misuse of the Product, the Customer being solely liable for any damage caused in this respect.
Customers are warned that Dietary Supplements must be kept out of the reach of young children.
Please note that dietary supplements are not medicines. They are not intended to prevent, treat or cure any human disease.
Dietary Supplements are intended for a healthy population and are not intended to replace medical treatment.
Dietary Supplements should not be used as a substitute for a varied diet.
Given their characteristics, the consumption of Food Supplements is not harmless and may present risks if misused, particularly if the indicated daily dose is exceeded. It is therefore essential to follow the advice for use given by LEDVARD.
Customers are also advised to pay close attention to cumulative consumption (e.g. when several food supplements are taken at the same time) and to potential interactions with other products (e.g. drugs).
In case of doubt, the Customer is invited to consult a health professional.
Before using any Dietary Supplements, the advice of a health professional is strongly recommended in order to :
- pregnant and breast-feeding women,
- children and teenagers,
- people undergoing medical treatment.
Article 12 – Personal data
The company LEDVARD is attentive to the security and confidentiality of the customer’s personal data that it collects when the order is placed.
The customer is invited to take note of the rules governing the collection and processing of the customer’s personal data, which are specified in the company’s Privacy Policy LEDVARD available here.
Article 13 – Force majeure
LEDVARD shall not be held liable for any delay or breach of contract resulting from force majeure, i.e. an event beyond the control of the parties, irresistible and unforeseeable.
The performance of LEDVARD ‘s obligations will be suspended by the occurrence of an event constituting force majeure as defined by the jurisprudence of the French courts. In this case, LEDVARD will inform the customer as soon as possible of the duration of the force majeure event and its foreseeable consequences.
Article 14 – Non-waiver
The fact that LEDVARD does not avail itself at a given time of any of the clauses of the present terms and conditions shall not constitute a waiver of its right to avail itself of the same clauses at a later date.
Article 15 – Modification
LEDVARD reserves the right to modify the provisions of these terms and conditions of sale at any time, and the customer is bound by such modifications.
Orders will thus be governed by the version of the general conditions of sale in force on the day of their validation by the Customer.
Article 16 – Independence of clauses
In the event that one (or more) provision(s) of these general terms and conditions of sale should be held invalid, the validity of the remaining stipulations shall not be called into question unless they are inseparable from the invalid provision.
Article 17 – Applicable law – Disputes
The sales contract concluded between LEDVARD and the customer is governed by French law, excluding the application of any international convention.
The language of this contract is French.
In the event of a dispute, the customer is informed that he/she may have recourse to a consumer mediator, after an attempt at amicable settlement has failed directly with the company LEDVARD, in accordance with the provisions of the French Consumer Code.
To this end, the customer is informed that LEDVARD has appointed the Centre de la Médiation de la Consommation des Conciliateurs de Justice (CM2C) as mediator:
CM2C
49 Rue de Ponthieu
75008 Paris
mail: cm2c@cm2c.net
tel: 01 89 47 00 14
https://www.cm2c.net/declarer-un-litige.php
In addition, the Customer may use the European online dispute resolution platform (RLL) available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the absence of mediation, jurisdiction lies with the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.