GENERAL TERMS AND CONDITIONS OF SALES
Welcome to the www.sanareva.co.uk website (hereinafter referred to as the “Site”), owned and operated by the company HOLDING OMNIPHAR’ 07 registered with the RCS number 502801764 (hereinafter referred to as “SANAREVA” or the “Seller”) and governed by French law.
By making purchases on the Site, the consumer (hereinafter referred to as the “Customer”) acknowledges that he/she has read, understood, and agreed without exception to these general terms and conditions of sales, governed by French law (hereinafter referred to as the “Terms & Conditions”).
SANAREVA reserves the right to modify the Terms & Conditions at any time and therefore invites Customers to regularly check them. Terms & Conditions applicable at the time of an order will remain unchanged for said order despite any subsequent changes.
The present Terms & Conditions lay down the contractual terms applicable exclusively to any product purchase made on the Site by a buyer with the quality of consumer, called Customer.
The Site aims to offer its Customers a variety of products, including parapharmacy, beauty and veterinary products (hereinafter referred to as the "Products") by means of distance selling.
2.1 Product features
Customer may, prior to an order, take note of essential characteristics of Products he/she wishes to order by consulting the pre-contractual information provided by SANAREVA before ordering.
The Seller will make every effort to ensure regular update of the illustrations of the Products for sale on the Site.
2.2 Stock availability
Products are offered and delivered within the limit of available stock.
In the case of unavailability of the Product after ordering, the Seller immediately informs the Customer and will offer him/her Sanareva Savings credit for the amount of his/her order valid for next order. This credit is valid for 12 months.
If the Customer refuses, the Seller will refund the received amounts within 30 (thirty) days.
In addition to the refund of the unavailable Product, the Seller is not bound to any fee or compensation for cancellation.
Being that the currency of reference for the products is the euro, the prices indicated are susceptible to change with the value of the proposed currency compare to the euro.
The selling prices of the Products are those in force at the date of the order.
In the case of the promotional price, the Seller undertakes to apply this price to all orders placed during the advertising period for the promotion.
The Seller has the right at any time to change the prices. In the case of price increase following the order, the Seller undertakes to apply the rates in effect at the date of placing the order.
The selling prices of the Products do not include delivery cost, which will be invoiced additionally as stipulated in Article 6 of present Terms & Conditions.
Prices are inclusive of Value-added tax (VAT) at the applicable rate valid at the time the order is accepted. Any change in the applicable VAT rate will be reflected on the price of Products sold by the Seller on the Site.
In certain cases, the client may see additional custom duties applied to the price of their order. In order to be acquitted of this charge the client is required to communicate directly with the requesting administration.
By validating his/her order by clicking on "Accept Terms & Conditions and order" and "Confirm my payment" buttons, the Customer is deemed to have knowingly accepted the content and conditions of the order and in particular the fact that the order implies an obligation to pay. The Seller will then proceed to the receipt of the whole amount of the price corresponding to the order.
Once the order is confirmed, it cannot be cancelled by the Customer. The sale will be considered as definitive, with the exception of exercising Customer’s right of withdrawal the order, as outlined in Article 7 of these Terms & Conditions.
The Seller confirms the order by sending an email to the Customer. The second email will be send to the Customer upon total or partial dispatching of the order.
The Seller reserves the right to cancel any order placed by a Customer with whom it has a dispute concerning the payment of a prior order. The information given by the Customer during the order taking and/or creating a customer account, commit him/her: in the event of an error while entering personal details of the Customer or the recipient of the order, the Seller can not be held liable for any delay or failure to deliver the ordered Product(s).
The Seller will be able to monitor the placed orders via the customer service. To guard against any fraudulent practices, the customer service may need to ask the Customer all the supporting documents needed to validate an order that may seem suspicious to them (photocopy of identity card, residence verification documents etc.).
5.1 Payment methods
The Customer confirms to the Seller to effect payment on the Site by payment methods of which he/she personally is the holder. In case of the contrary, the Customer confirms being specifically authorised by the owner to use it for making an order.
The Seller offers to the Customers the following payment options:
- Credit/Debit card: Visa card, MasterCard, CB card
- Sanareva Savings Credit: issued by the Seller exclusively for use on the Site and by the beneficiary Customer only, valid for the period of 12 months.
5.2 Terms of payment
Payment is made exclusively through the means of payment proposed to the Customer by the Seller.
Payment via offered paperless payment methods, can be done online on the Site or by telephone by contacting customer service at 03306 846 064 (Free service + call cost) from Monday to Friday from 8 am to 5 pm .
All prices indicated in British pounds, the orders should be paid in the same currency, and it includes all taxes and contributions. The client shall bear all relevant supplementary custom duty fees also all relevant supplementary fees billed by his/her banking or financial establishment involved in the ordering process.
Once payment is confirmed, the order will be executed by the Seller. In case of total or partial default of payment or fraud or attempted fraud, the Seller will legally proceed to the annulment of the contested order.
The Seller warrants the implementation of the security measures to enable secure payments on the Site
To do this, the Seller offers the Customers a payment interface deployed by the HiPay and payment verification system made by bank cards, named "3D Secure".
In general, aerial delivery(notably outside of metropolitan France) of aerosol products will not be insured with regards to measures imposed by carriers.
6.1 Delivery method
In the United-Kingdom and Republic of Ireland, SANAREVA offers its Customers only delivery by La Poste in Colissimo.
For more information about delivery solutions and rates, SANAREVA invites its Customers to visit the following page: Our delivery solution.
In the case of apparent defect on the package, the Customer is asked to not open the parcel and contact, within 24 hours of receipt of the parcel, customer service of SANAREVA on 03306 846 064 (free service + call cost) or via the online form available here. After this period, no claim will be handled by customer service.
The Customer also has a period of 24 hours, after the delivery, to make possible reserves with the carrier in case of missing product or degradation.
6.3 Delivery times
Products are dispatched within 48 hours of the day on which we accept your order. In United-Kingdom and Republic of Ireland, the carrier delivers the order on average within 3 to 4 days after his receipt of the parcel.
SANAREVA is not responsible for any delays caused by carriers. The Customer therefore renounces all efforts to establish the responsibility of SANAREVA and to claim any compensation of any kind.
In the case the package will be returned to the Seller on account of the Customer (unclaimed package, error in the delivery address, etc.), the Customer will again have to pay the delivery fee depending on the mode of delivery chosen to reship the order.
Are considered as force majeure relieving the Seller of its obligation to deliver, beyond those usually used by the decisions of French Courts and Tribunals, war, riots, fire, strikes, accidents and impossibility of the Seller receiving supplies.
For reasons of availability, SANAREVA may exceptionally decide to proceed with the delivery of an order in several times to the Customer, without having to incur additional shipping charges.
7. Right of withdrawal
The Customer have the right to cancel his/her order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which he/she (or someone he/she nominates, other than a carrier) receives the last of the goods. In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal can not be exercised for orders of the supply for Products which were unsealed after delivery and can not be returned for hygiene or health protection reasons.
To exercise the right to cancel, the Customer must inform SANAREVA by letter to: lieu-dit Bel Souleil 31850 Montrabé France or available by phone on 03306 846 064 (free service + call cost - from Monday to Friday from 8 am to 5 pm) and by email at firstname.lastname@example.org its withdrawal decision for the order in question by means of an unequivocal statement with the subject "Right of withdrawal" (ex: letter sent by the post or email). The Customer may also use the model withdrawal form reproduced in the annex of the Terms & Conditions. Using this option, SANAREVA address without delay, after processing the application, an acknowledgment of receipt of such a withdrawal by email to the Customer.
In order to comply the withdrawal period, the Customer must send his/her communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.
In case of withdrawal, SANAREVA offers a choice to the Customer:
To issue the Customer with a full refund including the shipping cost (excluding additional charges corresponding to a mode of delivery other than the least expensive method), not later than 14 days after the day on which SANAREVA is informed about Customer’s withdrawal. SANAREVA will make reimbursement using the same means of payment as Customer used for the initial transaction, without any fees as a result of the reimbursement. The reimbursement will be withheld until the reception back of the goods.
Should we refund any money to your account, we will refund the exact amount initially mentioned on your invoice for a given product.
To exchange item for an alternative Product sold on the Site of the same value. In the case of lower price, SANAREVA will refund the difference to the Customer under these Terms & Conditions. In the case of higher price, the Customer will pay the amount of the difference by using the payment method of his/her choice.
It is imperative that the Customer sends back or returns the new and unused Product(s) in its/their original packaging, intact (and unopened) accompanied by all accessories, instructions and other documents included to SANAREVA at the following address:
lieu-dit Bel Souleil 31850 Montrabé
The Customer must send or return the new Product(s) without undue delay and in any event no later than 14 days after communicating his/her decision to withdraw. This deadline is compiled if the Customer returns the Product(s) before the expiry of 14 days.
The Customer will have to bear the cost of returning the Product(s), except in the case of an error attributable to SANAREVA. In the latter case only, the Seller shall bear the direct cost of returning the Product(s) concerned.
The Customer is only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
After the 14 day period has elapsed or in the case of failing to follow the aforementioned conditions, the Customer no longer has the option of withdrawal and the order can no longer be subject of a withdrawal.
8.1 All Products sold by SANAREVA benefit from the legal guarantee of conformity in accordance with Articles L.211-4 and following of the Consumer Code.
As part of the legal guarantee of conformity, the Seller offers a choice to the Customer, after confirming the lack of conformity:
- A replacement of the Product with an identical product depending on available stocks,
- Or a refund of the Product price.
8.2 The Customer also benefits from the guarantee against hidden defects under Article 1641 and following of the Civil Code.
Under the implied warranty, the Seller offers a choice to the Customer, after confirmation of the existence of the defect:
- A refund of the full price once the Product returned,
- Or partial refund of the price if the Customer keeps the defective product.
8.3 To benefit from these guarantees, the Product must be used in accordance to its instructions.
No warranty can be claimed by the Customer if the Product has undergone any modifications or if the Product was damaged during shipping or use. Obvious defects also can not give rise to warranty.
9. Transfer of ownership
As from the command ship date, the Product ownership is transferred by the Seller to the Customer, except the case where full payment has not been received by the Seller when ordering.
10. Intellectual property
The Site is the exclusive property of SANAREVA and all rights pertaining thereto. Reproduction in whole or in part, is always subject to the authorization of SANAREVA. However, hypertext links to the site are authorized without specific requests.
Any exploitation, total or partial, of an element of the Site, is protected by an intellectual property right, by any means whatsoever, without the express consent of SANAREVA or owner concerned is prohibited and constitutes an infringement punishable by the legislation in force.
11. Agreement in relation to proof
SANAREVA may exercise, as proof, any actions, programs, data, file, registration, operation and other elements (such as monitoring reports or other reports) of the kind or in computer or electronic format or support, established, received or retained directly or indirectly, for example in any database.
The Customer, prior to his/her order, states to have full legal capacity to engage under these Terms & Conditions and the responsibility of SANAREVA can not be held liable in this regard.
In the event the Customer does not have legal capacity, the order shall be deemed placed under the responsibility of the legal representative of the Customer.
SANAREVA cannot be held responsible in all cases where non-performance is the act of a third party, of the Customer or in the case of the occurrence of a force majeure event. SANAREVA declines all responsibility in the presence of direct or indirect damages caused in connection with use of the Site.
At all events, if the responsibility of SANAREVA was to be retained because of a prejudice suffered by the Customer due solely to the placing of the order, it will be irrevocably limited to the amount of the order in question, paid by the Customer.
13. Personal data
SANAREVA collects and processes the personal data of the Customer and, when appropriate, of the recipient of the order. The Customer declares have read and accepted without reservation all the provisions contained in the Privacy Charter , by ensuring the uses that may be made by the Seller of the collected personal data.
14.1 Partial non-validity
If any provision of the Terms & Conditions is found by any law application, regulation or following decision of competent jurisdiction to be wholly or partly invalid it shall to the extent of such invalidity be deemed severable and remaining provisions of the Terms & Conditions and the remainder of such provision shall continue in full force and effect.
The failure of either party not to require at any time the strict performance by the other party of any term of the Terms & Conditions shall under no circumstances be regarded as a permanent waiver to the exercise of this right.
14.3 Governing Law and Jurisdiction
These Terms & Conditions are governed by French law.
In case of difficulties in implementing the Terms & Conditions, the parties will prefer an amicable solution before any legal action.
In the event of a dispute between parties that they could not resolve amicably between themselves, the parties agree that ANY DIFFICULTY RELATED TO THE INTERPRETATION, THE IMPLEMENTATION OR THE EXECUTION OF THE CONTRACT WILL FALL EXCLUSIVELY WITHIN THE COMPETENCE OF THE COURTS OF THE CITY OF TOULOUSE, REGARDLESS OF THE PLACE OF PERFORMANCE OF THESE CONCERNED, THE DEFENDANT’S DOMICILE OR THE PAYMENT METHOD ACCEPTED, EVEN IN THE CASE OF WARRANTY CLAIM OR MULTIPLE DEFENDANTS.
ANNEXE : Model withdrawal form
(To withdraw, please complete this form and return it to us)
Lieu-dit Bel Souleil
Email : email@example.com
03306 846 064 (Free service + call cost - from Monday to Friday from 8 am to 5 pm)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.