These Terms and Conditions (hereinafter “Terms”) apply to all purchases made by a user / person (hereinafter the “CLIENT”) on the website www.healthanddin.com (hereinafter after the “SITE”) to HEALTH AND DIN, (hereinafter the “SELLER”)
Any order placed on the WEBSITE necessarily involves the unconditional acceptance of the CLIENT of these terms and conditions of sale.
company name: HEALTH AND DIN,
Legal form: simplified stock corporations (under french law)
Immatriculated at register of commerce and society of Creteil under number 81105730600011
No. Intracommunity VAT: FR 68 811057306
Having its head office in 1290 avenue Maurice Thorez 94500 Champigny sur Marne, France,
Tel: +33 (0) 1 84 16 17 06,
Publication Director: Khalid LAICHE, President,
Article 1. Definitions
The following terms used in these Terms and Conditions, have the following meanings:
“CLIENT” means the contracting partner of HEALTH AND DIN, which guarantees that the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT acts beyond any usual or commercial activity.
“DELIVERY” means the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address when ordering.
“PRODUCTS” means all products available on the site.
“TERRITORY” means the Metropolitan FRANCE (except DOM / TOM)
Article 2. Object
These Terms and Conditions govern the sale of PRODUCTS by HEALTH AND DIN at its CLIENTS. The CLIENT is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the HEALTH AND DIN commercial service to take advantage of different contractual conditions.
Article 3. Acceptance of Terms
The CLIENT agrees to carefully read these Terms and agree to, before proceeding to payment of PRODUCTS order on the WEBSITE. The present Terms are referenced at the bottom of each page of the site via a link and should be consulted before ordering. The CLIENT is invited to read carefully, download, print the Terms and keep a copy.
HEALTH AND DIN advises the CLIENT to read the Terms and Conditions for each new order, the latest version of the said conditions applying to any new PRODUCTS order.
By clicking on the first button to place the order and then the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the Terms without limitation or condition.
Article 4. Purchase of products on the site
In order to buy a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if a minor, be able to justify the agreement of his legal representatives. The CLIENT will be invited to provide information to be identified by filling out the form available on the site. The sign (*) indicates required fields that must be filled so that the command of the CLIENT can be processed by HEALTH AND DIN. The CLIENT can check the status on the SITE of his order. Track deliveries may, where appropriate, be performed using the online monitoring tools of some carriers. The CLIENT may also contact the HEALTH AND DIN commercial service by email at any time, at email@example.com to obtain information on the status of his order.
The information provided by the CLIENT to HEALTH AND DIN when ordering must be complete, accurate and current. HEALTH AND DIN reserves the right to ask the CLIENT to confirm, by appropriate means, his identity, eligibility and information provided.
Article 5. Orders
Article 5.1 Product Feature
HEALTH AND DIN tries to present as clearly as possible the main characteristics of PRODUCTS (on the information sheets available on the site) and mandatory information the CUSTOMER has to receive under the applicable law (in these General Conditions) . The CLIENT agrees to read this information carefully before placing an order on the SITE.
HEALTH AND DIN reserves the right to modify the selection of PRODUCTS available on the SITE, in particular the constraints related to its suppliers.
All PRODUCTS sold by HEALTH AND DIN comply with European legislation and standards applicable in France.
Article 5.2. Ordering process
Commands of PRODUCTS are passed directly on the SITE. To place an order, the CLIENT has to follow the steps below (please note, however, that depending on the CLIENT start page, the steps may be slightly different)
5.2.1. PRODUCTS selection and purchase options
The CLIENT has to select the PRODUCT of his choice by clicking on the PRODUCT in question and choosing the characteristics and quantities desired. After selecting it, the PRODUCT is placed in the cart of the CLIENT. Thus, he can add to the cart as much as PRODUCTS he wants.
After selecting PRODUCTS and placed in the cart, the CLIENT must click on the cart and check that the contents of his order is correct. If the CLIENT has not yet done, it will then be asked to identify or to register.
Once the CLIENT has validated the contents of the basket and will be identified / registered, will appear to his attention an online form automatically completed and summarizing the price, applicable taxes and, where appropriate, the costs of delivery.
The CLIENT is invited to check the contents of his order (including the amount, characteristics and references of PRODUCTS ordered, billing address, payment method and price) before validating its content.
The CLIENT can then proceed to the payment of PRODUCTS following the instructions on the site and provide all the information necessary for billing and to DELIVERY PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders must include all information necessary for the proper processing of the order.
CLIENT has also to select the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps above are completed, a page appears on the SITE to acknowledge receipt of the order of the CLIENT. A copy of the acknowledgment of the order is automatically sent to the CLIENT by e-mail, provided that the email address provided through the registration form is correct.
HEALTH AND DIN does not send order confirmation by post or fax.
During the ordering process, the CLIENT has to enter information required for billing (the sign (*) indicates required fields that must be filled by the CLIENT in order to process the command by HEALTH AND DIN).
The CLIENT must indicate clearly all information relating to DELIVERY, especially the exact address of Shipping, as well as any access code to the DELIVERY address. The CLIENT must then specify the chosen payment method.
Neither the purchase order the CLIENT sets online or acknowledgment of receipt of the command that HEALTH AND DIN sends email to the CLIENT will constitute an invoice.
Whatever the mode control or payment used, the CLIENT will receive the original invoice to the DELIVERY PRODUCTS, inside the parcel.
5.3. Order Date
The order date is the date HEALTH AND DIN acknowledges receipt online ordering. The times indicated on the SITE will begin only from that date.
For all PRODUCTS, the CLIENT will find on the SITE prices in euros or dollars including all taxes, and applicable shipping costs (depending on package weight, excluding packaging and gifts, address and DELIVERY, and carrier or transport mode selected).
In particular, prices include value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of sold PRODUCT.
Rates of HEALTH AND DIN providers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in case of special offers or sales.
Prices are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.
5.5. Availability of Products
Depending PRODUCT concerned, HEALTH AND DIN applies an inventory management “in-time”. Therefore, according to the case, availability of PRODUCTS depends on HEALTH AND DIN stocks. HEALTH AND DIN agrees to fulfill orders received on condition that the PRODUCTS are available.
Depending PRODUCT concerned, HEALTH AND DIN applies an inventory management “in-time”. Therefore, as appropriate, availability depends PRODUCTS HEALTH AND DIN stocks. HEALTH AND DIN agrees to fulfill orders received on condition that the PRODUCTS are available.
The unavailability of a PRODUCT is in principle indicated on the page of the concerned PRODUCT. CLIENTS can also be informed of PRODUCT restocking by HEALTH AND DIN.
In all cases, if the unavailability was not specified when ordering, HEALTH AND DIN undertakes to inform without delay the CLIENT if PRODUCT is unavailable.
HEALTH AND DIN can, at the request of the CLIENT :
Submit to ship all PRODUCTS simultaneously once the PRODUCTS out of stock will be available again.
Make a partial shipment of the available PRODUCTS at first, then shipping the rest of the order when others PRODUCTS will be available, subject to clear information on additional transport costs which may be engaged,
Propose an alternative PRODUCT equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel the unavailable PRODUCTS command, he will be refunded of any monies paid for unavailable PRODUCTS at the latest thirty (30) days of the payment.
Article 6. Right of withdrawal
The modalities of right of withdrawal are provided in the “Cancellation policy” policy available in Annex 1 of these and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. Payment
7.1. Payment Methods
The CLIENT can pay online PRODUCTS on the WEBSITE following the proposed means by HEALTH AND DIN.
The CLIENT guarantees to HEALTH AND DIN that he holds all the authorizations required to use the chosen method of payment. HEALTH AND DIN will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE. It is for this reason specified that all payment information provided on the site are sent to the bank of the SITE and not treated on the SITE.
7.2. Payment date
If single payment by credit card, the CLIENT account will be debited since PRODUCTS order placed on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the account of the CLIENT at the earliest when the first package will be shipped. If the CLIENT decides to cancel his order for PRODUCTS unavailable, the refund will be in accordance with the last paragraph of Article 5.5 of these Terms and Conditions
7.3. Delay or non-payment
If the bank refuses to debit card or other payment method, the CLIENT must contact the Customer Service HEALTH AND DIN to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, rejection or other transmission flow of money owed by the CLIENT is not feasible, the order will be canceled and the sale automatically canceled.
Article 8. Proof and Archiving
Any contract with the CLIENT corresponding to an order worth more than 120 euros all taxes included will be archived by HEALTH AND DIN for a period of ten (10) years in accordance with French Article L. 134-2 of the Consumer Code.
HEALTH AND DIN agrees to archive this information to monitor the transactions and produce a copy of the contract at the request of the CLIENT.
In case of dispute, HEALTH AND DIN will be able to prove that his electronic tracking system is reliable and that guarantees the integrity of the transaction.
Article 9. Transfer of ownership
HEALTH AND DIN is still the owner of the PRODUCT delivered until full payment by the CLIENT.
The dispositions above do not prevent the transfer to the CLIENT, at the time of receipt by him, or a third party designated by him other than the carrier, the risk of loss or damage to the PRODUCTS being the reserve property, and the risks of damage they can cause.
Article 10. Delivery
The modalities of PRODUCTS DELIVERY are provided in the “shipping policy” referred in Annex 2 hereof and accessible at the bottom of each page of the site via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, to ensure maximum protection for PRODUCTS during DELIVERY. CLIENTS undertake to respect the same standards when returning PRODUCTS as provided in Annex 1 – Cancellation Policy.
Article 12. Guarantees
12.1. Compliance guarantee
HEALTH AND DIN must deliver a compliant PRODUCT that is to say, specific to the use expected of a similar good and matching the description given on the SITE. This compliance also requires the PRODUCT presents the qualities that a buyer can reasonably expect given the public statements made by HEALTH AND DIN, including in advertisements and on labeling.
12.2. Hidden defects guarantee
HEALTH AND DIN must guarantee against hidden defects of the PRODUCT sold which make it unsuitable for the intended use, or that decrease this use that the CLIENT would not have acquired, or would paid a lower price if he had known. This guarantee allows the CLIENT which can prove the existence a hidden defect to choose between reimbursement of the PRODUCT price if returned and refund of part of the price, if the PRODUCT is not returned.
In the event that replacement or repair would be impossible, HEALTH AND DIN undertakes to return the price of the PRODUCT within 30 days of receipt of returned PRODUCT in exchange for returning the PRODUCT by the CLIENT at the following address 1290 Avenue Thorez 94500 Champigny sur Marne, France. The action resulting from latent defects must be brought by the CLIENT within 30 days after discovery of the defect.Article 13. Responsibility
The responsibility of HEALTH AND DIN can not in no circumstances be held responsible for non-performance or improper performance of contractual obligations due to the CLIENT, especially when entering the order. HEALTH AND DIN can not be held responsible, or considered as have breached these, for any delay or failure, when the cause of delay or non-performance is linked to a case of force majeure as defined by the french jurisprudence of courts and tribunals.
It is also specified that HEALTH AND DIN does not control the websites that are directly or indirectly related to SITE. It therefore excludes all liability for information published there. The links to third party web sites are provided for information only and no warranty is given as to its content.
Article 14. Personal data
HEALTH AND DIN collects on the SITE personal data about its customers, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser. The data collected by HEALTH AND DIN are used to process orders placed on the site, manage the account of the CLIENT, analyze orders and if the CLIENT has chosen this option, send him sales prospecting letters, newsletters, promotional offers and / or information about special sales, unless the CLIENT does not want to receive such communications any more from HEALTH AND DIN.
The CLIENT data are confidentially stored by HEALTH AND DIN in accordance with its declaration to the CNIL, for purposes of the contract, its execution and in compliance with the law. CLIENTS can unsubscribe at any time by accessing their account or by clicking the hyperlink for this purpose down each offer received by email. HEALTH AND DIN can also ask its CLIENTS if they wish to receive commercial solicitations of its partners.
In accordance with Law No. 78-17 of January 6, 1978 relating to data files and liberties, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete of personal data. He can apply this right by sending an email at: firstname.lastname@example.org or by writing to 1290, Avenue Maurice Thorez, 94500, Champigny sur Marne, France.
It is specified that the CLIENT must be able to prove his identity, either by scanning an ID or by sending to HEALTH AND DIN a photocopy of his ID.
Article 15. Claims
HEALTH AND DIN makes available to the CLIENT a “Customer Telephone Service” at the following number: +33 (0) 1 84 16 17 06 (non-surcharged number). Any written claim by the CLIENT must be sent to the following address: 1290, Avenue Maurice Thorez, 94500, Champigny sur Marne, France.
Article 16. Intellectual property
All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents. These elements are the exclusive property of HEALTH AND DIN. Any person who publishes a website and wants to create a hyperlink directly to the SITE must request a writing permission to HEALTH AND DIN. This permission of HEALTH AND DIN will in no case be granted permanently. This link must be removed at the request of HEALTH AND DIN. Hypertext links to the SITE using techniques such as framing or by inserting hyperlinks (in-line linking) is strictly prohibited.
Article 17. Validity of Terms
Any change in the legislation or applicable regulations, or decision of a competent court invalidating one or more provisions of these Terms and Conditions will not affect the validity of these Terms and Conditions. Such a change or decision does not in any way CLIENTS to disregard the present General Conditions.
All conditions not specifically addressed herein will be governed in accordance with the use of the trade sector to individuals, for companies whose headquarters are located in France.
Article 18. Modification of Terms
These General Terms apply to all purchases made online on the SITE, as the SITE is available online. The Terms are precisely dated and may be modified and updated by HEALTH AND DIN anytime. The applicable Terms are those in effect at the time of the order.
Modifications of the Terms do not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These General Conditions and relations between the CLIENT and HEALTH AND DIN are governed by French law.
In case of dispute, only the French courts will have jurisdiction.
ANNEX 1 WITHDRAWAL POLICY
The CLIENT has the right to return the PRODUCT to HEALTH AND DIN or a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of the communication of his decision to withdraw, unless HEALTH AND DIN propose to collect PRODUCT by himself.
The withdrawal period expires fourteen (14) calendar days after the day the CLIENT or a third party other than the carrier and indicated by the CLIENT, takes physical possession of the PRODUCT.
In case the CLIENT would have ordered several PRODUCTS via a single command resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day the CLIENT or a third party other than the carrier and indicated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the withdrawal right
To exercise the right of withdrawal, the CLIENT must notify his decision to withdraw from this contract through an unequivocal statement at 1290, Avenue Maurice Thorez, 94500 Champigny sur Marne, France or email@example.com.
He can also use the form below:
To Customer Service HEALTH AND DIN
HEALTH AND DIN phone number: +33 (0) 1 84 16 17 06
HEALTH & DIN Email address: firstname.lastname@example.org
I hereby notify you my withdrawal from the contract for the sale of the PRODUCT below:
No. of the invoice:
No. of the order:
Ordered the  / received the [__]
Payment method used:
CLIENT name and possibly the beneficiary of the order:
Signature of CLIENT (except in case of transmission by email):
In order for the withdrawal period is respected, the CLIENT must send the Communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CLIENT, HEALTH AND DIN will refund all money paid including the cost of delivery without undue delay and in any event, no later than fourteen (14) days from the day HEALTH AND DIN is informed of the intention of the CLIENT to retract. HEALTH AND DIN will refund using the same payment method as the one used by the CLIENT at initial transaction, unless the CLIENT expressly agrees a different way, in any event, such reimbursement will not cause costs for the CLIENT. HEALTH AND DIN may withhold the reimbursement until receipt of the goods or until the CLIENT has provided a proof of the shipment, whichever is the earliest of these facts.
CLIENT must without undue delay and in any event, no later than fourteen (14) days of notifying his decision to withdraw from this contract, return the good at: 1290 Avenue Maurice Thorez 94500 Champigny sur Marne, France. The deadline is met if the CLIENT returns well before the end of the fourteen day period.
The CLIENT will have to take charge the direct cost of returning the goods.
Condition of the returned property
PRODUCT must be returned without the PRODUCT or part of the PRODUCT has been consumed and without the cases containing capsules have been opened. The responsibility of the CUSTOMER is engaged only in respect of the depreciation of property resulting from the handling other than what is necessary to establish the nature and characteristics of the PRODUCT.
The PRODUCTS are packaged in compliance with current transport standards, to ensure maximum protection during PRODUCTS DELIVERY. The CLIENT must follow the same standards when returning PRODUCTS. As such the CLIENT is invited to return the PRODUCT does not suit him in its original packaging and in good condition, in order to resell it.
Exclusion of right of withdrawal
The right of withdrawal is excluded in the following cases:
Provision of goods made to CLIENT specifications or clearly personalized. Provision of goods liable to deteriorate or expire rapidly.
ANNEX 2 SHIPPING POLICY
The PRODUCTS are shipped to the delivery address that the CLIENT has indicated during the order process.
Shipping time, lead time and shipping costs
HEALTH AND DIN agrees to make deliveries of items ordered on the site as soon as possible and whenever possible, to ship your package upon receipt and processing of your order, within an average of 3 business days (ZIP period included, with the 48 hours ZIP, add the time of HEALTH AND DIN internal order processing control: 48 hours) and not more than 10 working days of registration of your credit card payment with the order or receipt of your check for a delivery in Metropolitan France and Monaco.
If the time limit could not be held, you can cancel your order without charge, under the conditions of the L138-1 and following of the Consumer Code, by registered letter with acknowledgment of receipt or by writing on a durable support, if, after we have ordered, on the same terms, to make delivery within a reasonable additional period, HEALTH AND DIN has not executed within this time. The contract will be considered resolved in receipt of your letter or written informing us of this resolution, unless you have been delivered in the meantime.
Outside metropolitan France and Monaco, delivery times mentioned in the table below are dependent on the destination country and postal delays the country. The maximum period is extended to 30 days.
DELIVERY COLISSIMO: The colissimo is delivered by post in 3-6 business days (for France). It is delivered against signature deposit to the shipping address on your order. If absent, the postman leaves you a transit advice note, indicating the conditions for withdrawal of your package (place and time). Instance Speeds are generally 15 days. Here are the different status of packages that you can find:
If your package is announced “returned to sender”, our customer service will contact you the day of receipt of the package to return it to you in the best conditions.
|Metropolitan France||3 to 6 days||9 €|
|Dom/CT France||6 to 10 days||18 €|
|Tom France||6 to 10 days||28 €|
|Zone A (EU, Swiss, Norway)||6 to 10 days||17 €|
|Zone B (Union Eastern except EU,
|6 to 10 days||20 €|
|Zone C (African countries except Maghreb,
Canada, Near and Middle East)
|6 to 10 days||28 €|
|Zone D (other destinations)||6 to 10 days||37 €|
Orders shipped outside the European Union
An order delivered outside the European Union is regarded as an import by the CLIENT regarding the PRODUCTS concerned. CLIENT is responsible to check with local authorities on customs duties, local taxes and import duties may be claimed, these rights do not fall HEALTH AND DIN and are the exclusive responsibility of the CLIENT.
The products sold by HEALTH AND DIN are made in accordance with French regulations. It is therefore up to the CLIENT to check with the local authority of the country of any import restrictions and use of products ordered.
HEALTH AND DIN can not be held responsible for the purchase of a PRODUCT considered non-compliant in a given country, while this product is in compliance with French regulations.
An email message will be automatically sent to the CLIENT at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.
During the order process, HEALTH AND DIN indicates the CLIENT possible time and shipping options for purchased PRODUCTS.
The CLIENT is informed of the delivery date when he chooses the carrier, at the end of the online order process, before confirming the order.
It is specified that the deliveries will be made within thirty (30) days. This period is extended to forty five (45) days for international. Otherwise, the CLIENT must give notice HEALTH AND DIN deliver within a reasonable time and in case of non-delivery within such period, he may resiliate the contract.
HEALTH AND DIN will reimburse, without undue delay after receiving the letter of termination, the CLIENT the total amount paid for PRODUCTS, taxes and shipping included, using the same method of payment used by the CLIENT for buying PRODUCTS.
HEALTH AND DIN is responsible to the delivery of the CLIENT PRODUCT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier with partial damage or losses recognized upon delivery.