GENERAL TERMS AND CONDITIONS OF SALE - https://porterlamarque.fr/gb/ E COMMERCE WEBSITE
These General Terms and Conditions of Sale (“General Conditions and Conditions of Sale” or “Agreement”) constitute a legal document that explains your rights and obligations as a Customer. We urge you to read them carefully. These Terms and Conditions of Sale apply only to official Herbalife Nutrition resellers.
Definitions
Customer: You as a user of the Internet Site and also as the addressee of these conditions
Merchant: The M2A company, located at 24 rue Laure Diebold, 69009 Lyon, France, acting as an exclusive licensee of the Herbalife Nutrition company.
Product(s): Product(s) sold on the Internet Site
Internet Site: The Internet Site of the Merchant’s online shop, accessible at the following address: https://porterlamarque.fr/gb/
PREAMBLE
These General Terms and Conditions of Sale specify and regulate the contractual relationship between the Merchant and you, the Customer, defined below as the user of the Website.
The Merchant is an online and offline e-commerce solutions provider.
These General Terms and Conditions of Sale apply exclusively to the Merchant and to any person visiting the Website or making a purchase from this Site.
The General Terms and Conditions of Sale are presented below. It is understood that the Merchant may modify the General Terms and Conditions of Sale at any time. It is your responsibility to keep yourself informed of these General Terms and Conditions of Sale and to comply with them.
Any order placed on the Website implies unreserved acceptance of these General Terms and Conditions of Sale.
I. User Account
As part of a purchase via the online store operated by the Merchant, you may be required to follow the registration procedure on the Site and create a Customer Account (the "Account"). All members must be at least 13 years old to create an account on the Site. However, in the case of minors, their legal representative will be responsible for their children. You are solely responsible for the activity on your Account and the security of your computer system. You must not reveal, share or otherwise allow others to use your password, login or Account. You agree to be personally responsible for the use of your password, your login and your Account, as well as for all exchanges and activities within the Website resulting from the use of your login and your password. You shall not sell or charge to any third party the right to use or transfer your Account, except in the cases expressly authorized by these General Terms and Conditions of Sale.
You must immediately inform the Merchant if you have reason to believe that your password is known to a third party or if this password is being used or is likely to be used in an unauthorized manner.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone using your Account, including family or friends. If you delete your Account,
the Merchant reserves the right to withhold any fees, additional costs or costs incurred prior to its deletion. Any overdue or unpaid account must be settled in order for the Merchant to re-authorize you to register.
Moreover, you understand and agree that Accounts constitute user rights that legally bind you to the Account in question and that the Merchant does not recognize the transfer of such Accounts (including legal transfer) from a subscriber to a third party. Each Customer must be the sole holder of their own Account.
Your purchase is subject to Product requirements that you must review prior to purchasing. The act of purchasing implies your tacit agreement and your compliance with these requirements. In the event of a problem, the Merchant requests that you contact its customer service, so that it can resolve your problem as best it can.
You agree to be personally responsible for the use of your Account and for all activities on the Website resulting from the use of your Account. Your online behavior must be in good faith, not abusive and not aimed at personal interests other than those proposed by the services offered. Failure to do so may result in your being held for an affront and legal action being taken against you at the Merchant's discretion.
Should you wish, you may request that the Merchant terminate your access to an Account. However, the account and the delivery of a Product are not transferable and Product purchase transactions give you the right only to delivery of the said Product. Deleting your Account does not entitle you to a refund of the Product or any fees. The Merchant reserves the right to withhold any fees, additional costs or costs incurred prior to the deletion of your Account. In addition, you are responsible for any charges incurred with distributors or third-party content providers prior to termination of your Account.
The Merchant may delete your Account at any time, in the event that (a) the Merchant closes the Website or
(b) you violate the terms of this Agreement, the Privacy Policy and/or the Rules of Use also available on the Website. In the event that your Account is terminated or deleted by the Merchant, due to a breach of these Terms and Conditions of Sale or improper or illegal activity, no refunds will be given.
II. Stock availability and fulfillment of orders
The processing and delivery of orders must always be honored provided stock is available.
III. Procedure
Your Order means you have a commitment to the Merchant. As soon as an order is placed, an immediate subsequent confirmation message is displayed and a confirmation electronic message (“E-mail”) is sent to you with the order reference. When your product is ready to be shipped, you will receive a new email indicating this (“Shipment Confirmation Email”). The offer is considered as accepted and the sales contract is finalized.
Products deliveries are made by the Merchant only in the following countries, and based on the delivery times indicated below:
COUNTRY |
DELIVERY TIMES |
|
Shipping Company |
DPD |
LA POSTE |
Europe (outside France) |
2 to 5 business days |
X |
Nordics Country |
5 to 10 business days |
X |
IV. Orders and use of services
Orders must be placed exclusively on the Internet.
Automatic order confirmations may contain errors. We recommend that you check the automatic order confirmation and immediately inform the Merchant of any inconsistencies. The information provided by you during registration must be true, correct, up-to-date and complete. Orders will only be accepted from customers who are at least 13 years old. Any order placed by a minor must be made in the presence and under the responsibility of their legal representative.
The Merchant reserves the right to cancel or refuse any order from a Customer with whom a dispute is underway concerning the payment of a previous order.
You agree to receive electronic sales invoices. These electronic invoices will be available in your Account on the Site. For each delivery, you will also receive your invoice in your Order Acceptance Confirmation Email entitled “Payment Accepted”. If you no longer have access to your account and have not printed your invoice upon receipt of your Sale Completion Confirmation E-mail, or to obtain additional information on electronic invoices and instructions for receiving a paper version, please contact customer service.
V. Delivery of goods
All deliveries will be made to the address you indicated during the ordering procedure on the date indicated when you confirmed your order. The Merchant cannot be held responsible for any loss of a package by postal or delivery services and/or suffer any consequences. It is your responsibility to check the proper condition of the package(s) and the Product(s) upon receipt. You have the option of contacting customer service if the package(s) or its/their content are not in accordance with the order within fourteen (14) days of receiving the order to obtain an exchange or request a refund on the Product(s).
VI. Payment
When paying for your order, you will have the option to pay by Stripe.
SSL (Secure Socket Layer) encryption technology is used for your transactions. No banking information will be recorded by the Merchant. Therefore, the Merchant never has access to your private banking information and credit history. To prevent abuse and fraud, the Merchant only records your address and the time and date of the transaction. This information remains strictly confidential. The merchant has access only to your order history.
For any attempted fraud or deceit, no matter the scale, immediate action will be taken, and all transaction information may be passed on to the authorities.
When you provide payment information to the Merchant, you acknowledge that you are the authorized user of the card, PIN, key or account associated with the payment and you authorize the Merchant to charge your credit card for any purchases or fees to be debited from your account. The Merchant may require that you provide your address or other information, in order for the Merchant to fulfill its obligations under applicable tax laws.
VII. Property rights
Product ownership transfer is completed at the time Product delivery is accepted.
The Merchant makes no commitments and offers no guarantees, either express or implied, with respect to any other third-party site. In particular, the Merchant makes no commitments and offers no guarantees that the service offered through third party providers will not be modified, suspended or terminated.
VIII. Right to withdraw
1. Right to withdraw
Subject to the exceptions listed below, you have a right to withdraw, which allows you to cancel your order, within fourteen (14) calendar days, with no obligation to justify your decision or pay any penalties.
You can exercise your right to withdraw by downloading this form.
2. Exceptions to the right to withdraw.
As an exception, your right to withdraw does not apply to products that have been developed based on your specifications or that have been clearly customized.
3. Exercising your right to withdraw.
To exercise your right to withdraw, the following notification procedure must be followed: you must notify customer service that you wish to exercise your right to withdraw by e-mailing the standard withdrawal form available on the Website or by post.
To meet the withdrawal deadline, simply send in your withdrawal request before the fourteen (14) day period expires.
4. Order returns.
As soon as you have sent this E-mail, you must return the Product in question, in its original condition, i.e. new (unworn and unwashed, in an individual polybag for textile products, with the labels for all products purchased), at your expense and at your own risk, to the address indicated by the Merchant, within a maximum of fourteen (14) days following the sending of your notification of your decision to withdraw to the Merchant, along with the original Product invoice and the duly completed standard withdrawal form provided by customer service.
The Product may be returned or exchanged, subject to availability in stock. You will have to cover only the postage costs for the return of the package at your expense.
5. Refunds.
If the procedure described above is followed, subject to the check performed upon receipt of the package, the Merchant will reimburse you the price paid for the returned Product and, if applicable, any shipping costs for shipment of the Product in question by the Merchant, within fourteen (14) days of receipt of your request to withdraw by e-mail, with the returned Product and matching invoice. However, we may defer reimbursement until the Product is recovered or until you have provided us with proof of shipment of the Product, whichever of these two dates comes first.
If the Product is returned after the withdrawal period of fourteen (14) days from receipt of the Product, or if no Product is returned, or if the Product is damaged, no refund will be made.
X. Return of a defective or out-of-spec product
1. Procedure.
In the event of a defect or non-compliant delivery, the Customer must first notify customer service that they wish to return the Product, stating: DEFECTIVE PRODUCT. The Customer must describe the Product defect, providing all useful information and photos as appropriate. The customer service department will judge the
actual product defect and will provide the Customer all necessary items so that the latter can make their return.
In the event of a defect, the Customer may (i) refuse delivery of such Product, or (ii) return the said Product to the Merchant within the legal period beginning on the date on which you noticed or should have noticed the defect in question. You must notify the Merchant by sending an e-mail to the customer service department as soon as you become aware of the Product's defect. Customer service will then provide the Customer with all necessary information so that the latter can make their return.
No other returns will be accepted if the above conditions are not met.
In addition, subject to the legal guarantees that you benefit from as a consumer, the guarantee is canceled if the defect is caused by the Customer. The Merchant declines any liability (i) if the defect results from unauthorized interference with the Product, (ii) if the defect is due to normal Product wear and tear, negligence or misuse, (iii) in the event of Product deterioration caused by your own actions or (iv) in the event of improper use, or use not in accordance with the manuals and/or the instructions of the Product Merchant, due to your negligence. The Merchant reserves the right to check and test the returned Product. The return will only be accepted if the defect is confirmed.
If the Product defect is confirmed, the Customer may request an exchange or a refund. Product exchanges will only be possible if stock remains available. If the Product is no longer available, a refund will be granted. If the defect is confirmed, the cost of reshipping the defective Product will be refunded by the Merchant. In the event of an exchange, delivery of the new Product is to be covered by the Merchant.
The Merchant will be responsible for all confirmed defects affecting the delivered Product.
In the event of a substantial defect (open or torn packaging, etc.), you will refuse delivery and specify the reasons for refusal on the document. You will then be responsible for requesting, within the time limit and based on the conditions described in Article 133-3 of the French Consumer Code, reservations and potential recourse against the carriers. The Merchant cannot be held liable if the damage caused to the Product is the result of any actions, failure to act or negligence by the carrier.
3. Customer service contact details:
-by e-mail at the following address: contact@porterlamarque.fr
-by post at the following address:
M2A
24 rue Laure Diebold 69009 LYON (France)
XI. Intellectual Property
The entire content of the Website (texts, illustrations and computer code) is the property of the Merchant. The graphics, logos, headers, button icons, scripts and service names included in or made available within the Merchant Services are trademarks or trade dress of the Merchant. The Merchant's trademarks and trade dress may not be used for any other Product or service not owned by the Merchant in any manner that may confuse customers or discredit or disparage the Merchant.
XII. Links to Third-Party Internet Sites
The e-commerce Website may contain links to other sites. The Merchant has no control over these sites and is not responsible for their content or security. If you click on links from these sites, you do so at your own risk and you are subject to the privacy policies and terms and conditions of these sites.
For your complete information, the e-commerce Site redirects you to the sites of the following third-party companies when paying for the products:
· - the Prestashop e-commerce platform
· - the Stripe bankcard payment service provider
XIII. Privacy
The personal information you provide will not be given to any third parties other than our service providers (such as those for payment and delivery services).
When you place an order, you agree to provide correct and truthful information. Your personal information is essential for the shipment of your goods and the invoice. If personal information is not provided, the order will be canceled. Your personal information is used to deliver the ordered Product and to contact you in the event of a problem with the order.
For more information on privacy and the processing of your personal information, please see our Privacy Policy, available on the Website. The Privacy Policy takes precedence over the Privacy section of these Terms and Conditions if any conflict arises.
XIV. Liability
You hereby agree that these General Terms and Conditions of Sale are not intended to confer and do not confer any rights or remedies on any person other than the parties considered in these General Terms and Conditions of Sale.
When you use the Merchant's site, you may also use the services of one or more third parties, such as a payment service provider. Your use of such third-party services may be subject to such third-party's separate policies, terms of use and fees.
You agree to defend, indemnify and release the Merchant from all liabilities, claims and expenses, including attorney's fees arising from or related to the breach of these Terms and Conditions, or the use of the Store, by you or any other person(s) using your Account, or for Product selection and Account creation, purchase, distribution, promotion and /or use of an additional or derived Product.
In the event of a system maintenance operation, the Merchant may inform you, by means of an online communication, and cannot be held liable for any delays or consequences which may result therefrom.
XV. Product Information
All images or photographs are likely to give the Product in question a color or dimensions that differ from reality and cannot in any way make the merchant liable for such differences.
Unless expressly stated otherwise, the Merchant does not manufacture the Products sold on the Site. Although the Merchant guarantees the veracity of the Product information on our Website, the packaging and materials may contain additional and/or different information from that displayed on our Website. All information concerning a Product on our Website is provided for informational purposes only. The Merchant recommends that you do not rely solely on the information presented on our Website. Always read the labels, warnings and directions provided with each Product before using it.
XVI. Applicable law – Competent jurisdiction
These General Terms and Conditions of Sale are deemed to have been drawn up and executed in France and any dispute arising herefrom will be settled in accordance with French law. You agree that any dispute you
declare against the Merchant must, according to legal procedures, be initiated and followed exclusively in French courts.
In the event of a dispute arising under these General Terms and Conditions of Sale, each party will be responsible for its costs, expenses and attorneys' fees.
If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that Term will be deemed severable from the others and will not affect the validity and enforceability of any of the remaining Terms.
If you breach these General Terms and Conditions of Sale and the Merchant takes no action against you, the Merchant will still be able to use its rights and remedies in any other situation in which you are in breach of these Terms and Conditions of Sale.
These General Terms and Conditions of Sale must apply within the maximum limits provided for by the law in effect. If the laws of your jurisdiction prohibit the application of any or all of the provisions of this section alone, these provisions will not apply to you.
Unless expressly stated otherwise in these Terms and Conditions, in the event that any provision of these Terms and Conditions should be found unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted and the remaining portions of this Agreement shall remain fully in effect. These Terms and Conditions and the Merchant's Privacy Policy constitute and contain the entire agreement between the Merchant and you relating to the subject matter hereof and supersede any prior oral or written agreements.
XVII. Customs
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow the use of your Account by individuals located in a country subject to an embargo or prohibition of any kind by the European Union, the government of the United States of America or NATO. You acknowledge and warrant that you are not located in, under the control of, or a national or resident of any such country.
When you order a Product from the Site to be delivered outside the European Union, in particular to the United Kingdom, you may be subject to import duties and taxes, which are levied once the package has arrived at the specified destination. Any additional costs due to customs clearance are to be covered by you. The Merchant has no control over these charges. Customs policies vary greatly from country to country, so we advise you to contact your local customs office for more information. Additionally, please note that you are considered the official importer and must comply with all laws and regulations of the country in which you receive the Product. The Merchant values confidentiality and wishes to make it clear to its international customers that cross-border deliveries are subject to opening of packaging and inspection by customs authorities.
XVIII. Liste d’opposition
If your telephone number is collected when creating your account or placing your order, we hereby inform you that your telephone details will only be used for the proper execution of your orders. Without prejudice to the foregoing, in accordance with legal provisions, you are hereby informed that you can, if you wish, register on the telephone canvassing opt-out list. You can register on this list, which applies to all professionals except those with whom you have already signed a contract, free of charge.
Last modified version: 01 December 2023