General Terms and Conditions of Sale

2.1. Characteristics

The products offered for sale on the site are each the subject of a description drawn up by the supplier, mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code and concerning foodstuffs, in compliance with Regulation No. 1169/2011 on compulsory information (INCO Regulation).
The photographs illustrating the products, which are as accurate as possible to provide the consumer with complete information, do not constitute a contractual document.

2.2 Advice for use, precautions for use and list of ingredients

In accordance with the INCO Regulation, the advice for use, precautions for use and the list of ingredients of the products offered for sale are mentioned directly on the website.

2.3 Conformity

The products comply with the provisions of French law in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.
The products also comply with the European regulations in force concerning compulsory information (Regulation n°1169/2011) and claims (Regulation 1924/2006) as well as any other text concerning the regulations relating to foodstuffs.

3.1. Selling prices

The sale prices, in accordance with Article L. 113-3 of the Consumer Code, are indicated, for each of the products listed in the electronic catalogue, in euros including all taxes, excluding delivery costs mentioned before validation of the order and invoiced in addition.
The total amount due by the consumer, including the amount of shipping costs, is indicated on the order confirmation page before final validation of the order.
The selling price of the product is that in force on the day of the order, as displayed on the site.
In the event of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the promotion period.

3.2 Price changes

The seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.

3.3. Fixed contribution to delivery costs

All our parcels are sent by Colissimo, GLS, DHL
A fixed contribution per parcel is invoiced to you for the orders lower than 80 euros. Shipping costs are free and paid by Eric Favre for orders over 80 euros for the following countries France, Belgium, Germany, Italy, Netherlands, Spain, United Kingdom, Vatican, Austria, Denmark. For other countries, a contribution to the shipping costs will be asked depending on the country and the selected transport.

4.1. Domain

It is reminded that in application of article 1124 of the Civil Code, non-emancipated minors and protected adults within the meaning of article 488 of the Civil Code are incapable of contracting, insofar as defined by the law.
The offers and prices proposed on the site may be exclusive and different from the distance selling offers proposed in catalogues, promotional mailings, mailings, or by telephone.
Some offers proposed in catalogues, mailings, asilages or by telephone may not be available on the website.

4.2. Duration

The online sales offers presented on the website are valid, in the absence of any particular indication of duration, as long as the products appear in the electronic catalogue and within the limits of available stocks.

4.3. Acceptance

The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.

5.1. Steps for concluding the contract

To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, completes and validates his order and provides the information relating to delivery and payment method.

5.1.1 Selection of products and constitution of the basket

After logging in to your personal account, and to place an order, simply select the products of your choice, indicating the quantity chosen; the selected products are grouped together in the form of a virtual basket.
To select the item of your choice, simply click on "Add to cart".
The customer's basket can be consulted at any time during the ordering process.
You can then modify the quantities chosen, delete the selected product or continue shopping. At any time before final validation, the amount in your basket can be modified and updated.

5.1.2 Validation of the basket and confirmation of the order

To validate the basket, the customer must click on the "Complete your order" tab. This payment intention generates a sequence of information collection necessary for the completion of the order.

Step 1: Creation of a personal account - Authentication

Step 2: Order summary and personal information

Step 3: Payment

Step 4: Complete your order

5.2. Modification of the order

Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the seller.
The seller reserves the right to make changes to the product ordered that are linked to technical developments under the conditions set out in Article R. 132-2-1, V of the Consumer Code.

5.3. Validation of the order

The seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers who are consumers.
IThe seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or who presents any form of risk in its eyes.
Any order implies acceptance of the prices and description of the items available for sale.

5.4 Unavailability of ordered products

If, exceptionally, the products ordered are unavailable, in whole or in part, at the time of delivery, the seller will dispatch the partial order and proceed with the reimbursement of the unavailable products.

6.1. Conclusion

The sales contract is formed when the consumer sends the confirmation of his order, in the sense of article 5.1.2 hereof.

6.2. Archiving and proof

The archiving of online transactions and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the Civil Code.
These communications, order forms and invoices may be produced as proof of the contract.

6.3. Withdrawal

You have the right to withdraw from the contract without giving any reason within a period of ( 14 ) fourteen days from the receipt of the product.
You must inform us of your decision to withdraw by sending us, before the expiry of the 14-day period, the withdrawal document attached to your order confirmation or any other unambiguous statement expressing your wish to withdraw. The return form, duly filled in, must be sent to the customer service department by e-mail and enclosed with the returned products.
For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
You are responsible for the costs of returning the product(s).
You must return the product(s) to us without undue delay and, at the latest, within fourteen days of communicating your decision to withdraw.

The products must be returned to the following address
OMNIBIZ SAS
Digicode 2204 - Local 7
140 RUE DE VERDUN
92800 PUTEAUX - FRANCE

When exercising this right of withdrawal, the client may only return products that have not been used, even partially. Any product that has been opened and is therefore unsuitable for resale cannot be returned. The items must not have been used or assembled and must still have their original labelling and box. We reserve the right to refuse any returned item that is depreciated due to handling other than that necessary to establish the nature and characteristics of the item(s) concerned by the return. They must be returned complete with their various parts and accessories. They must be returned properly protected and returned by a method of transport offering similar guarantees to those offered for the initial transport, within a maximum of 14 days after receipt of your order.
Only textile products and accessories can be returned to us for a refund. For reasons of hygiene, mouth guards, protective shells, consumable and food products (perishable foodstuffs) will not be returned or exchanged. The products must be returned intact, closed, complete and in the original packaging of the order, in a perfect state of cleanliness and functioning (except in the case of a breakdown when unpacking). The product must be accompanied by all its accessories, instructions for use, guides and guarantee documents.
If you exercise your right of withdrawal, you will be reimbursed for all payments received for the product(s) for which you made the request.
If you do not return the entire order, you will not be reimbursed for the delivery costs you have paid.
Products must be returned in their original packaging, in perfect condition (unused and suitable for resale), including any instructions and documentation, or any other accessory or document enclosed with the initial delivery.
Personalised items cannot give rise to the implementation of this right of withdrawal.
Items returned incomplete, damaged, used or soiled cannot be taken back.
In the event of your retraction, we will reimburse the payments received for the payment of ERIC FAVRE products. Delivery costs will not be refunded. We will make the refund using the same method of payment you used for the original transaction, unless you expressly agree to a different method; in any case, this refund will not incur any costs for you.
We may defer the refund until the goods have been recovered or you have provided proof of dispatch of the goods.
Beyond that, the sums due are automatically increased in accordance with article L 121-21-4 of the French Consumer Code.
The return of products is your sole responsibility as a consumer.
If the return is refused by the seller, the customer may not demand any compensation or right to reimbursement, with the exception of the subsequent exercise of his warranty rights on the goods sold. In this case, the seller must inform the customer of the reason for the non-acceptance of the return.

See our returns policy.

7.1. Terms of payment

The price is payable in full after confirmation of the order.
Payment is made immediately upon ordering by credit card or via the online payment platform Paypal. Do you already have a PayPal account? Use your PayPal account and pay your order safely without giving your bank details. For more information, visit the Hipay or PayPal websites.
The consumer guarantees the seller that he/she has the necessary authorizations to use the payment method chosen by him/her.

7.2. Payment security

The site allows you to place and validate your order online by paying by credit card.
The site is equipped with a system for securing online payments that allows the consumer to encrypt the transmission of his or her bank details.
Payment is made directly online via a secure transaction.
The amount of the order is cashed on the same day the order is placed.

7.3. Reservation of ownership clause

The products remain the property of the seller until full payment has been received by the seller.

8.1. Delivery time

We undertake to deliver between 3 and 15 working days depending on the delivery zone (metropolitan France, DOM-TOM or international).
For each order, a flat-rate contribution to the cost of making the order available is required, which includes the cost of postage, packaging and processing of the order. Postage is free for orders over 80 euros for metropolitan France.

8.2. Loss or damage

Any risk of loss or damage to the goods shall pass to the consumer at the time when the consumer or a third party designated by the consumer, other than the carrier proposed by the trader, takes physical possession of the goods.

8.3. Terms of delivery

The products are delivered to the address indicated by the consumer during the validation of his order.
The consumer must check the completeness and conformity of the information he provides to the seller. The latter shall not be held responsible for any input errors that may lead to delays or delivery errors. In this context, all costs incurred for the reshipment of the order will be entirely at the expense of the consumer.
Any claim of delivery error must be made by the consumer to the seller on the day of delivery or on the first working day following delivery at the latest.
The delivery is made by post or carrier.
A delivery note is given by the services of Colissimo, DHL or GLS to the consumer, who must check on receipt and in front of the delivery person that the product is in good condition.
In the event of deterioration or partial loss of the product, the consumer must imperatively formulate reserves on the delivery order on receipt, a copy of which is sent to the seller by registered letter with acknowledgement of receipt, and, at the latest within three days of receipt, notify these reserves to the carrier by registered letter with acknowledgement of receipt in accordance with Article L. 133-3 of the French Commercial Code. The consumer shall send a copy of his complaint to the seller within the same period. If these deadlines are not respected, the seller will no longer be able to take into account any defects or apparent faults.

8.4. Conformity of the products

If the product does not conform to the order, the consumer must send a complaint to the seller in order to obtain a replacement of the product, or possibly the cancellation of the sale to the Customer Service by email: service.clients@ericfavre.com.

8.5. Failure to deliver

Total failure to deliver shall automatically result in the cancellation of the sales contract.

9.1. Legal guarantees

All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the consumer's choice, to reimburse or exchange the defective products or those that do not correspond to the order.

9.2. After-sales service

Complaints made under the guarantees must be sent by e-mail to the after-sales service: service.clients@ericfavre.com.
Products covered by the guarantees must be returned as soon as possible, in their original condition and packaging, after receipt and confirmation of the complaint by the after-sales service.
The products must be returned in their original packaging, including any instructions and documentation, or any other accessory or document enclosed with the initial delivery.

9.3. Clauses on guarantees

Clauses exonerating or limiting the rights granted to consumers under the legal guarantees, which are deemed unwritten when they are concluded before any claim on their part, are valid when they are concluded after a claim under Article L. 211-17 of the Consumer Code.

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The contract may be terminated by the consumer in the event of :

• delivery of a product that does not comply with the declared characteristics of the product;
• failure to comply with the delivery period and failure to deliver within a reasonable additional period as provided for in Article 8.2 above;
• total failure to deliver.

In these three cases, the consumer may demand reimbursement of the sums paid at the time of ordering, plus any interest provided for in the Consumer Code.
The contract may be terminated by the seller if the consumer refuses to take delivery; in this case, the sums paid at the time of the order shall be retained by the seller as compensation.

11.1. Exemption from liability

The seller cannot be held liable in the event of non-execution or poor execution of the contract due either to the fault of the buyer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
The seller shall not be held responsible for the non-performance of the contract concluded in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication.
The seller cannot be held responsible for the non-conformity of the product with the legislation of the consumer's country, who is responsible for checking that the product is not prohibited for consumption in his country.
Furthermore, we endeavour to ensure, to the best of our ability, the accuracy and updating of the information published on the site, the content of which we reserve the right to correct at any time and without notice. However, we cannot guarantee the accuracy, precision or completeness of the information made available on this site.
We remind all our customers that ERIC FAVRE products are fitness and wellness products, and can in no way be considered as medicines in their composition, or in their form and presentation.
The seller cannot be held responsible for any inconvenience or undesirable effects that may arise from use that does not comply with the advice given on the product and its packaging.
The products marketed on the site comply with French and European regulations.
The photographs of the products intended to illustrate them are not contractual and the seller cannot be held responsible for any errors or discrepancies.
Finally, we remind you that when you place your first order, you must create a personal account using a valid e-mail address and a password of your choice.
This e-mail address is also communicated to each new order placed on the site.
The communication of a valid e-mail address is under the sole responsibility of the customer, who may not hold the seller liable in the event of failure to complete the order due to the transmission of an invalid or inoperative e-mail address, for each order placed on the site.

11.2. Product safety defect

In the event of damage caused by a product safety defect, the consumer must seek the responsibility of the manufacturer identifiable from the information mentioned on the product packaging.

11.3 Penalty clause

In all cases of non-performance by the consumer, the deposit paid at the time of ordering shall be retained by the seller as compensation.

The cancellation of the order in the cases provided for in Article 11 of these GTC shall be notified to the other party by simple registered letter with acknowledgement of receipt or by another written document on a durable medium.
It shall be effective as of right as soon as the conditions for the implementation of the resolutory clause are met.
In the event of disagreement, the procedure shall be as set out in Articles 18 and 19 hereof.

The seller is a distributor of ERIC FAVRE products.
The elements reproduced on this site, and in particular the photographs, visuals, texts, drawings and images, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements without prior written authorisation from OMNIBIZ will expose the offenders to legal proceedings.

LThe creation of a personal space is an essential prerequisite for any order from a consumer on the present site. To this end, the consumer will be asked to provide a certain amount of personal information. The consumer undertakes to provide accurate information, failing which the contract will be terminated at the seller's initiative and the customer account will be deleted.
Certain information will be deemed essential for the conclusion of the contract and their collection will be indispensable for the creation of the personal space and the validation of the conclusion of the contract. The refusal by a consumer to provide the said information will have the effect of preventing the creation of the personal space and, incidentally, the validation of the order.
This space allows the customer to consult all his orders made on the site.
If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the seller cannot be held responsible, as this information has no evidential value but is solely for information purposes. However, the seller undertakes to keep in a secure manner all contractual elements whose conservation is required by the law or the regulations in force.
The pages relating to the personal areas can be printed out freely by the account holder in question but do not constitute proof; they are only for information purposes and are intended to ensure the efficient management of orders by the consumer.
When creating the personal space, the consumer is invited to choose a password. This password guarantees the confidentiality of the information contained in the "my account" section and the consumer is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorised access to a consumer's account.
The seller reserves the exclusive right to delete the account of any consumer who has contravened these general conditions (in particular, but without this example being exhaustive, when the member has knowingly provided incorrect information when registering and setting up his personal space). The said deletion shall not constitute damage for the excluded consumer who shall not be entitled to claim any compensation as a result.
This exclusion is not exclusive of the possibility for the seller to take legal action against the consumer, when the facts justify it.

You declare that you are aware of and accept the specific characteristics of computer and telecommunications networks. In particular, the seller cannot be held responsible in the following cases, without this being a restrictive list:

• • Interruption of the networks, delays or delays in the routing of electronic messages or any other data
• • Hardware or software failures
• • Malicious acts, data theft, computer viruses, inadequate protection and backup measures
• • Errors in handling, misuse of hardware and software
• • Loss of data and/or transactions, business interruptions or other losses of a pecuniary nature resulting from this
• • Problems related to the content of websites, e-mails and any information transmitted via the networks
• • Misuse or abuse of data, texts, images or information
• • All cases of force majeure, unforeseeable events or any other causes not depending on the deliberate will of the seller.

The seller has no control whatsoever over the nature or characteristics of the data that may pass through its server centre.
Consequently, the seller does not assume any responsibility for the services accessible via the Internet and, in particular, for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by anyone's access to the site, or the impossibility of accessing it, or the use of the site and/or the credit given to any information coming directly or indirectly from the latter.

16.1 Complaints

Any complaint must be addressed to the Customer Service, by email: service.clients@ericfavre.com.

16.2. Territorial jurisdiction

For any dispute relating to the order form and these GTC, the competent court will be that of the place of residence of the defendant or that of the place of actual delivery of the product.

This contract and the GTC governing it are subject to French law.
The original language of this contract is French.
In the event of a dispute, an amicable solution shall be sought without specific formalities. Our customer service is at your disposal for this purpose.