Terms of Sales
|Customer||means the natural person, at least 18 years old and having legal capacity or who has the agreement of their legal representative, or the legal person, and who creates an account and / or places one or more orders,|
|Account||means the Customer’s personal account accessible from the Website and from which the Customer can place and / or follow his Order,|
|Ordered||means the purchase of products by the Customer from the Website by any remote means to which a trial offer, a Bonus or a gift may be associated,|
|Contract||means these general conditions of sale subscribed to on the Website by any remote means,|
|Personal data :||designate the Customer’s personal data within the meaning of the Personal Data Regulations,|
|Digital market||designates the company Digital Market, whose registered office is 1 Rue du Gabian – 98000 Monaco, registered in the Trade and Companies Register under number 16P08706,|
|Force Majeure:||designates an unforeseeable and irresistible event qualified as force majeure within the meaning of the provisions of article 1218 of the Civil Code and the case law of the Court of Cassation,|
|Identifiers||designate the personal and confidential identifiers and passwords allowing the Customer to access his Account,|
|Part(s)||means (s) individually Digital Market or the Customer and collectively Digital Market and the Customer,|
|Trial or Premium offer||means the good which can, if necessary, be free of charge for the trial offer to the Customer in return for his subscription to the acquisition of a Product and / or a Subscription and for the bonus or gift be delivered at the same time as the Product (s),|
|Product||means the food supplements marketed by Digital Market,|
|Personal Data Regulations||means Law No. 78-17 of January 6, 1978 relating to data, files and freedoms, as amended by Law No. 2018-493 of June 20, 2018 taken pursuant to Community Regulation of April 27, 2016 published in the Official Journal of the European Union on May 4, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,|
|Website||means the website published by Digital Market and accessible in particular at the following URL address: https://051119.agilflex.com,|
The Contract defines the rights and obligations between Digital Market and the Customer in the context of Orders placed on the Website such as those placed by any remote means, in particular by telephone.
As such, the ordering, like the delivery of the products offered there, are subject to compliance with the Contract and the confidentiality policy available here. The Customer can download, save or print on a durable medium, these general conditions of sale made available to him. Digital Market reserves the right to change the Website and the Contract at any time, or to supplement it with new additional conditions applicable to Orders placed afterwards.
3.1. Nature of products
Digital Market presents the essential characteristics of its Products on the Website and invites the Customer to read them carefully. However, if errors or omissions may have occurred with regard to this presentation, Digital Market undertakes to modify the presentation of the Product as soon as possible and to notify the Customers having placed the Order. It is understood that the photographs of the Products may be non-contractual. The Products presented on the Website are not drugs but food supplements within the meaning of decree n ° 2006-352 of March 20, 2006 relating to food supplements.
3.2. Product information
In accordance with the regulations, on the Product labeling is indicated:
• the name of the categories of nutrients or substances characterizing the Product or an indication relating to the nature of these nutrients or substances,
• the list of ingredients and their quantities,
• the quantity net of the Product,
• the date of minimum durability or the expiry date,
• the name or business name and address of the manufacturer,
• the indication of the batch,
• the instructions for use,
• the daily portion of Product whose consumption is recommended,
• a warning against exceeding the indicated daily dose,
• a statement to avoid products being used as a substitute for a varied diet,
• a warning that the Products should be kept out of the reach of young children.
The Products sold on the Website are not sold to diagnose, prevent, or treat illnesses. If the Customer suffers from an illness, he must consult a doctor before taking a Product.
Pregnant and lactating women, children under 12 and people under medical treatment should generally refrain from consuming food supplements, including Products, except on the advice of their therapist.
The Order is only definitively registered after acceptance of the general conditions of sale, validation by the Customer of his payment agreement and acceptance by the bank of the transaction. Digital Market declines any responsibility in the event of non validation of the Order, without possible recourse on behalf of the Customer. As soon as his Order is registered, the Customer receives a confirmation email mentioning the link for consulting the essential elements of his Order. This confirmation may appear randomly among the spam, regardless of the will of Digital Market. All of the data provided by the Customer during the Order process and the recorded confirmation of this Order constitute proof of the transaction.
5.1. Delivery address
The delivery of the Products and, if applicable, of the trial offer, the Premium and / or gift, is made to the address indicated by the Customer during the process of placing the Order only in mainland France and Monaco .
5.2. Delivery time
The average shipping time is two (2) days and corresponds to the processing time of the order by Digital Market. The delivery times for mainland France and Monaco are indicative and represent the delivery time by the transporter, i.e. on average two (2) days for delivery to the Customer. Orders placed on Fridays and weekends, such as public holidays in France, are processed and dispatched on the first working day that follows. If after an Order, a Product such as the trial offer, a Premium and / or gift ordered (s) turns out to be unavailable, Digital Market informs the Customer as soon as possible by sending an email to the address indicated in their Account. Digital Market reserves the right to deliver a Premium or a gift of equivalent quality and price,
5.3. Delivery rates
Lump sum contribution to shipping costs as standard offer: € 6.90 for mainland France and Monaco per delivery.
5.4. Delivery – Reservations
The Customer is required to check the condition and number of the Product (s), as well as the trial offer, Premium and / or Gift, if applicable, at the time of delivery. In the absence of a reservation or complaint concerning apparent defects or non-conformity of the Products and / or the trial offer, of the Premium / Gift delivered, expressly issued and formulated by the Customer, within three ( 3) days at the latest from delivery, the Products and, where applicable, the Premium and / or Gift will be deemed to comply in quantity and quality with the Order. The Customer will attach to its reservations or complaints all supporting documents capable of justifying them. This notification must be made in priority to the carrier concerning the condition of the package containing the Order and in any event by email to the following address:
6. FINANCIAL CONDITIONS
The prices of the Products indicated on the Website are in euros (€) all taxes included, VAT and any reductions in force, except in the case of participation in the shipping costs (postage, packaging and packaging of the package) including the lump sum is specified to the Customer on the Website and before validation of the Order as a supplement to the price of the Products. All Orders, whatever their origin, are payable in euros. Digital Market reserves the right to modify the price of the Products at any time, but the Products will be invoiced to the Customer on the basis of the prices in force at the time of the confirmation of the Order, subject to availability. The Products remain the property of Digital Market until full payment of the price by the Customer.
Products purchased on the Website can be paid for by bank card (SSL secure payment, bank cards bearing the initials Carte Bleue, Visa, Eurocard-Mastercard). The Customer will be asked to enter the number of his card, its expiry date and the CPV number, directly in the area provided for this purpose (secure entry by encryption). The debit of the bank card is made at the time of the Order. When the payment is accepted by the Customer’s banking establishment, Digital Market sends the Customer an email confirming that their Order has been taken into account. In the event of refusal of payment by the Customer’s banking establishment, the latter’s bank account is not debited. If necessary, Digital Market will send him an email directing him to update his bank details.
7. SERENITY OFFER
7.1. Description of the serenity offer which can be designated under the name “Program” or “Formula”
The Serenity Offer is intended for Customers wishing to subscribe to automatically receive a quantity of Products for a period chosen by the Customer (one month, two months or four months).
The Serenity Test offer – 30 days offered is limited to one per household within the limits of available stocks. Unless waived, it will be automatically renewed within 15 clear days from the date of the first order in the form of a bimonthly subscription of € 79.00 corresponding to the Enhanced Serenity formula. To receive the 30-day Free Trial Offer, the customer must pay only the shipping costs, i.e. € 6.90 (non-refundable).
7.2. Termination of the Serenity offer
At any time, the Customer may terminate the Contract by contacting customer service by email at the following address: email@example.com or by telephone on 0 806 030 033 (Price of a local call).
8. RIGHT OF WITHDRAWAL and SATISFIED OR MONEY BACK GUARANTEE
8.1. Right to retract
No later than fourteen (14) days following receipt of the Products (and if applicable the trial offer, the Premium and / or the Gift) ordered by the Customer, or the last of the Products and / or the case of the trial offer, the Premium in the event of delivery fragmented by Digital Market, the Customer has the right to notify Digital Market of its desire to exercise its right of withdrawal without having to justify a reason, or to pay penalty. Products such as, if applicable, the trial offer, the Premium and / a gift must be returned intact, complete, with the seal closed (in the case of Products), in the original packaging and by a means guaranteeing their good transport and their safety. Products whose seal has been unsealed by the Customer after delivery can no longer, for reasons of hygiene and health protection, be returned and therefore lose the Customer the benefit of this right. The burden of proof of the exercise of the right of withdrawal falls on the Customer. If he has chosen to send an email, the Customer will then receive an acknowledgment by email when his request is being processed. If he has chosen to exercise his right by post, Digital Market advises that he exercise this right by registered letter with acknowledgment of receipt. Then, no later than fourteen (14) days after the day of his request, the Customer must return the Products, accompanied by the Premium and / or gift received, if any, to the following address for reimbursement: The burden of proof of the exercise of the right of withdrawal falls on the Customer. If he has made the choice to send an email, the Customer will then receive an acknowledgment of receipt by email when his request is being processed. If he has chosen to exercise his right by post, Digital Market advises that he exercise this right by registered letter with acknowledgment of receipt. Then, no later than fourteen (14) days after the day of his request, the Customer must return the Products, accompanied by the Premium and / or gift received, if any, to the following address for reimbursement: The burden of proof of the exercise of the right of withdrawal falls on the Customer. If he has chosen to send an email, the Customer will then receive an acknowledgment by email when his request is being processed. If he has chosen to exercise his right by post, Digital Market advises that he exercise this right by registered letter with acknowledgment of receipt. Then, no later than fourteen (14) days after the day of his request, the Customer must return the Products, accompanied by the Premium and / or gift received, if any, to the following address for reimbursement: the Customer will then receive an acknowledgment of receipt by email when his request is being processed. If he has chosen to exercise his right by post, Digital Market advises that he exercise this right by registered letter with acknowledgment of receipt. Then, no later than fourteen (14) days after the day of his request, the Customer must return the Products, accompanied by the Premium and / or gift received, if any, to the following address for reimbursement: the Customer will then receive an acknowledgment of receipt by email when his request is being processed. If he has chosen to exercise his right by post, Digital Market advises that he exercise this right by registered letter with acknowledgment of receipt. Then, no later than fourteen (14) days after the day of his request, the Customer must return the Products, accompanied by the Premium and / or gift received, if any, to the following address for reimbursement:
Digimkt at Car
06517 Carros Cedex 1
The Customer will bear all the costs associated with the return of the Products and, where applicable, the trial offer, the Premium and / or Gift (with the exception of a defective Product upon receipt, or an error when sending the Product which would be attributable to Digital Market). The return of the Products ordered and / or where applicable of the trial offer, the Premium and / or gift will not give rise to the reimbursement of the initial shipping costs because the amount of the shipping costs is fixed. Digital Market will reimburse in full the Product (s) returned no later than fourteen (14) days following their physical receipt at the address indicated above. This reimbursement will use the same means of payment as that chosen by the Customer when placing the Order. Cash on delivery are not accepted.
8.2. Guarantee “100% Satisfied or refunded”
Digital Market offers the Customer the benefit of a more advantageous “100% Satisfied or Refunded” guarantee, offering him the possibility of changing his mind for forty five (45) days. During this period, if the Customer is not entirely satisfied with the Product (s) ordered, he can return it (s) to the postal address:
Digimkt at Car
06517 Carros Cedex 1
and to obtain reimbursement of the sums paid in respect of the returned Product (s), without having to provide any explanation. Only one reimbursement request can be accepted, per Product and per Customer. It is specified that only closed Products not consumed are reimbursed. The shipping costs related to an Order as a Standard offer and / or Trial Offer / bonus / gift remain the responsibility of the Customer. Within the framework of the “100% Satisfied or Refunded” guarantee, the return shipping costs remain the responsibility of the Customer and can in no case be the subject of a retrospective refund request. The “100% Satisfied or Refunded” guarantee cannot be applied in the event of misuse. The improper nature of a use remains at the discretion of Digital Market.
9. INTELLECTUAL PROPERTY
9.1. Rights granted
All tangible or intangible assets covered by an intellectual property right logos, brands, drawings, models, etc. are the exclusive property of Digital Market or its suppliers. The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, under the conditions defined in this article. Any reproduction or any use of copies made for other purposes is expressly prohibited. Any other use constitutes counterfeiting and sanctioned under the Intellectual Property Code, except with the prior written authorization of Digital Market. For the strict needs of the execution of the Contract, namely the use and access to the Website, to the exclusion of any other purpose, Digital Market grants the Customer a personal, non-exclusive, non-transferable and non-transferable right to use the Website, for the implementation of Orders, under the conditions and limits defined in this Contract and for the duration of the Contract and for the territory of France. This license includes the right to access and use the Website with a view to its temporary reproduction and its representation on the Client’s computer or mobile terminal, and this for its sole use by the Client.
9.2. Restriction of use
Under the rights granted above, the Website can be used in accordance with its exclusive destination, in accordance with the terms of the Contract by the Customer, for personal needs only. The Client may in no case combine the Website with any other work, in particular software. The Customer also expressly prohibits itself directly or indirectly, including by any third party, by any means, from (or attempt to), without this list being exhaustive, modify, correct, adapt, translate, arrange, distribute, transfer, distribute, decompile, make a backup copy outside the conditions provided for in this Contract, grant a loan, rental, transfer or any other type of provision by any means, including via the Internet, distribute or market for free or for a fee, etc. the Website and, in general, to alter it in any way whatsoever, including proprietary notices (copyright).
10. LEGAL GUARANTEES OF CONFORMITY AND HIDDEN DEFECTS
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
To comply with the Contract, the Product as, if applicable, the Trial Offer and / or the Premium must:
1 ° Be clean (s) for the use usually expected of a similar good and, if necessary correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model and have the qualities that a customer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product accompanied, where appropriate, by the Trial Offer, the Premium and / or Gift. The action resulting from hidden defects must be brought by the Customer within two (2) years from the date of the discovery of the hidden defect. In the event of delivery of a Product and / or the Trial Offer, a non-compliant Bonus / Gift or a Product and / or the Trial Offer, a Bonus / gift revealing a hidden defect, Digital Market undertakes either to reimburse the Customer for the price of the Product, or to exchange the Product and / or the Trial Offer, the Bonus / gift for another (s) identical in depending on available stocks, either to exchange for a Product and / or the Trial Offer, a Premium / Gift of equivalent quality and price depending on available stocks.
11. PERSONAL DATA
Digital Market collects and processes, as the data controller, the Customer’s Personal Data in accordance with the Personal Data Regulations and under the conditions defined in its confidentiality policy accessible by clicking here.
12. CUSTOMER SERVICE
For any information or question, Digital Market customer service can be reached at the following coordinates: E-mail: firstname.lastname@example.org or by telephone on 0 806 030 033 (Price of a local call)
13. GENERAL PROVISIONS
13.1. Force majeure
Delays or non-fulfillment of Orders resulting from a case of Force Majeure cannot give rise to compensation. The provisions of this article may not, however, in any case, exempt the Customer from the obligation to pay Digital Market the sums which it should owe him in respect of Products already dispatched.
Hypertext links may refer to other websites than the Website https://051119.agilflex.com. Digital Market disclaims all liability in the event that the content of these websites does not contravene the legal and regulatory provisions in force.
13.3. Amicable resolution and mediation
In the event of a dispute likely to arise in connection with the Contract, its interpretation and its consequences, the Customer will approach Digital Market in order to try to obtain an amicable solution. Any complaint to Digital Market must be made in writing. In the absence of an amicable settlement between Digital Market and the Customer, the Customer can choose:
• to use an amicable mediation solution within a maximum period of one (1) year from the written complaint made by the Customer to Digital Market.
• the online dispute resolution system accessible by clicking here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the mediation process proposed cannot be a prerequisite for entering the competent courts for the Client;
• to bring their complaint before the competent Monegasque courts.
Failing this, the Client may have recourse to a mediator for any dissatisfaction after having previously addressed a written complaint to Digital Market. For more information, you can also consult the website of the Consumer Mediation Assessment and Control Commission.
13.4. No waiver
The fact for one or the other of the Parties not to invoke any of the articles, clauses, stipulations or parts of the Contract cannot, in any way, be interpreted as a tacit renunciation to avail itself of this article, clause , stipulation or part of the Contract. Likewise, the fact that one of the Parties does not avail itself of the non-performance, poor performance or partial or late performance of any of the articles, clauses, stipulations or parts of the Contract by a another Party cannot, in any way, be interpreted as a tacit waiver to invoke it later.
13.5. Loyal and good faith behavior
Each Party undertakes to always behave towards the other Party as a loyal and bona fide partner and, in particular, to notify without delay to the other Party, any dispute or difficulty that may arise. ” she may meet in the course of performing the Contract.
13.6. Partial nullity
Any article, clause, stipulation, part of the Contract which is declared void, voidable or invalid, for any reason whatsoever, does not automatically invalidate the Contract which remains valid and enforceable, if and only if said cancellation (a) does not relate to a stipulation being considered, in the minds of the Parties, as substantial and decisive, and (b) does not call into question the general balance of the Contract. In this case, (a) the nullity of such a stipulation cannot affect the other stipulations nor affect the validity of the rest of the Contract and / or its legal effects and (b) the Parties will make their best efforts to negotiate a clause economically equivalent by meeting, on the initiative of the most diligent Party.
13.7. Title of articles
The titles of the articles have been chosen for convenience and should be considered as having no effect on their validity, their interpretation and / or the conditions of execution of their stipulations.
13.8. Applicable law – Competent courts
This Contract, in French, is subject to Monegasque law and the Courts competent to judge the nature, consequences and interpretation of the Contract are determined according to the laws of the consumer’s country of residence.
APPENDIX: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the Contract.)
To the attention of Digimkt at Car – BP 631 – 06517 Carros Cedex 1
or at email@example.com
I hereby notify you of my withdrawal from the Contract for the sale of the Products and / or Premium / gift below:
Received on: Order
Customer Name: Customer
Signature (only in the event of notification of this form on paper):