Limited liability company with a capital of 1 000 000 Euros,
Headquarters : 4 Rue Joseph Fourier 49070 Beaucouzé – France
RCS Angers : 504 262 080
SIREN : 504 262 080 00022
Intracommunity VAT no. FR54504262080
Tel : +33(0)2 41 88 66 66
Publishing director : Laetitia Toumelin
Editor of websites : NET CONCEPT
Host of websites : OVH Roubaix France
GENERAL TERMS OF SALE OF THE PRODUCTS – May 2017
Article 1 – Application and enforceability of the General Terms of Sale
These General Terms of Sale (hereinafter referred to as “the GTS”) govern exclusively the sale of our products on the websites www.lactofriend.fr, www.lactofriend.com, www.lactofriend.de (hereinafter referred to as “the Sites”) run by TAKABIO, SARL, a company under French law with capital of 1,000,000 Euros, whose registered office is at 4 Rue Joseph Fourier 49070 Beaucouzé – France, registered in the Business and Companies’ Register, Angers, under number 504 262 080.
The fact of buying our products therefore implies complete, unreserved acceptance of the GTS on the part of the buyer. Furthermore, the buyer’s confirmation of his order on the Sites constitutes his acceptance of the GTS. Unless proven to the contrary, the information recorded on the Sites constitutes proof of all the transactions completed between the company and the buyer.
The fact that the company does not, at a given moment, take advantage of one of the clauses of these GTS may in no circumstances be interpreted as being a renunciation on the company’s part of the right to take advantage of one of the said clauses at a later date. Similarly, any condition contrary to the GTS, requested by the buyer and not accepted by the company is unenforceable.
Article 2 – Orders
To date, the company does not deal with orders and complaints from countries other than Metropolitan France, Germany, Italy, and the United Kingdom. Orders placed on the Site are recorded once the buyer has confirmed the order (by clicking on the “Confirm” button).
The contractual information and GTS are displayed on the Sites in French, English and German and will be confirmed by the company when the products are delivered, at the latest. The company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute relating to payment for a previous order.
Article 3 – Availability
Our product offers and prices are valid for as long as they are visible on our Sites, within the limits of available stocks. If one or more products are unavailable after the buyer has placed an order – except in cases of “force majeure” provided for in article 14 below, the buyer will be informed immediately and will have the option of cancelling his order. The sums paid will be refunded by the transfer of a credit to the buyer’s bank account within 30 days of the buyer’s payment of the price.
Article 4 – Prices – Transfer of ownership
4.1. The product prices are shown in euros and Sterling pounds (for the site www.lactofriend.com) and include VAT, but do not include a contribution to postage.
The product postage charges are:
Any change to the VAT rate will be automatically reflected in the price of the products.
The company reserves the right to change the price of the products at any time. However, the products will be invoiced at the prices in force when the buyer placed the order.
4.2. The products will remain the property of the company until the company has received full payment of the price.
Article 5 – Delivery
5.1 – General
The products are delivered to the delivery address given by the buyer during the order process. The buyer is bound to do his utmost to ensure that the products can be delivered without difficulty. He must therefore provide all the information required to make the delivery (exact address, door code, etc.). If he fails to do so, the company may not be held responsible for failure to deliver. In such cases, the products will be returned to the company warehouse and the buyer will have to make contact with our Customer department, whose contact details are shown in article 10, in order to find out what to do to recover the ordered products. The company declines all liability for the time taken by the buyer to recover his products.
5.2 – Delivery times
Orders are processed on the day they are received, except on weekend and public holiday.
In such last two cases, the order is processed the next working day.
The latest delivery date is defined as the day of reception of the bank transfer + 8 working days for deliveries to France, or + 10 working days for deliveries to other countries.
If not all of the buyer’s order is available, the company will send partial deliveries. Postage charges will not be invoiced for the balance of the delivery.
The products are delivered by Colissimo:
Orders are placed into the buyer’s hands (in return for a signature and on presentation of proof of identity), usually 48 hours for France, and between 3 to 8 working days for other countries, after the company has processed and dispatched the parcel (normal delivery time given by La Poste). If the buyer is absent when the parcel is delivered, it will be kept for 2 weeks at the post office nearest to the buyer’s home.
These conditions may be changed by the service providers concerned without any control on our part; in this case, we will do our utmost to pass on these changes as quickly as possible.
We may not be held liable for the failure by the carrier to keep to the delivery time.
If the products have not been delivered within 2 weeks, except in cases of “force majeure” provided for in article 14 below, the sale may be cancelled by registered letter with proof of receipt sent by the buyer to the customer department whose contact details are shown in article 10 below. The buyer may then obtain a refund of his payment under the terms set out in article 8 below, to the exclusion of any other form of compensation or damages.
In all circumstances, products may only be delivered within the deadline if the buyer is up-to-date with his payments to the company.
5.3 – Delivery problems
As the products are delivered by service providers chosen by the company, they are transported at the company’s risk. The buyer is bound to check the condition of the packaging and the conformity of the products delivered. The buyer must notify the company of any complaints concerning visible defects or the non-conformity of the products delivered within 72 hours of receiving them by sending: either a registered letter with proof of receipt to the company at the following address: Lactofriend – TAKABIO – 4, Rue Joseph Fourier – 49070 Beaucouzé – France.
or an e-mail to the following address: firstname.lastname@example.org
Then, in accordance with the provisions of article 13 below, the buyer may benefit from the refund conditions provided for in the event of the non-conformity of the products ordered.
If a complaint is not made within the above deadline, the products will be deemed to be compliant and accepted by the buyer, subject to the guarantee conditions that may otherwise apply.
Article 6 – Payment
The products may be paid for by bank card: Visa, MasterCard, other debit cards. The card is debited between 1 and 5 days after the order has been taken.
In the event of a payment delay of default, the company may suspend all orders in progress without prejudice to any other course of action.
Article 7 – Right of withdrawal
A non-professional buyer has a period of 14 clear days from receiving his products in which to withdraw, without having to give a reason or pay any costs other than the cost of returning the products. Only the price of the returned products and the initial dispatch costs will be refunded. The buyer may exercise his right of withdrawal from the moment he has placed the order, even before the products have been delivered to him. If the products have been delivered, this right of withdrawal may be accepted only for the products returned not opened, complete and in their original packaging.
Product returned incomplete or damaged by the buyer will not be taken back. Before returning the products, the buyer must fill in the online return form available here: return form
The buyer must in any case send the return form within the withdrawal period of 14 clear days (by email or mail – see article 10 for information). The buyer will then have a new period of 14 clear days to return the products, to the following address: Lactofriend – TAKABIO – 4 Rue Joseph Fourier 49070 Beaucouzé – France by recorded parcel.
Article 8 – Refunds
In the cases referred to in articles 5, 7 and 13, the products will be refunded within a period of 30 days or less following receipt of a registered letter with proof of receipt or a email from the buyer or the products returned by him.
The refund will be credited to the buyer’s bank account. No goods will be dispatched for cash on delivery for any reason whatsoever.
Article 9 – Security
The Sites are protected by a security system. The company has adopted the SSL encryption process to provide the most effective protection possible for all sensitive data linked to means of payment. Orders are paid for via the Crédit Mutuel Bank.
Article 10 – Customer department
For any information or question about the products, our Customer department is open from Monday to Friday, from 9am to 12.30pm and 2pm to 5pm: Tel: +33(0)2 41 88 66 66.
Address: Service clients Lactofriend – TAKABIO – 4 Rue Joseph Fourier 49070 Beaucouzé – France
The buyer may also use the following e-mail address: email@example.com, or the form provided on the Sites, on the “Contact” page.
Article 11 – Intellectual property
11.1. All the visuals, photos, texts, comments, works, illustrations, drawings and images reproduced on the Sites are covered by copyright and intellectual property rights throughout the world. Any total or partial reproduction of the Sites is therefore strictly prohibited.
11.2. The buyer agrees not to use the products in such a way as to adversely affect the company’s rights.
Article 12 – Liability
The products on offer on the Sites comply with the legislation in force and the standards that pertain to them.
The photographs of the products on the Sites are for illustrative purposes only and are not contractually binding. The buyer should refer to the description of each product shown on the Sites for information about their characteristics and, if in doubt or if he would like further information, should contact the Customer department whose contact details are shown in article 10 above.
Article 13 – Guarantees
The buyer is covered by the legal guarantees relating to the products’ compliance with the contract and hidden defects in accordance with the legal provisions set out in Appendix A of these GTS.
The company therefore undertakes to refund the buyer for products that are evidently defective or do not match his order. The products must be returned to us new, complete, not opened, in their original packaging, and accompanied by the purchase invoice.
No refunds will be paid until the product has been returned and received by the company. It is the buyer’s responsibility to provide the company will full evidence that the anomalies or vices exist.
The provisions of this article do not prevent the non-professional buyer from using the right of withdrawal referred to in article 7 below.
Article 14 – Force majeure
Neither party will have failed in its contractual obligations if the performance of these obligations is delayed, obstructed or prevented by an Act of God or a case of “force majeure”. Any occurrence or circumstance which is uncontrollable, beyond the parties’ control, unforeseeable, unavoidable, is independent of the parties ‘wishes and cannot be prevented by them despite every reasonable effort will be considered to be an Act of God or a case of “force majeure”. The party affected by such circumstances will inform the other within 7 working days of the date on which it became aware of them.
The two parties will then meet within 30 days to examine the effects of the event and agree on the conditions in which the order may continue to be completed. If the Act of God or case of “force majeure” lasts longer than 60 days, the order for the products may be terminated by the injured party. The following are specifically considered to be Acts of God or cases of “force majeure” in addition to those usually accepted by case law in French courts: the obstruction of means of transport, delivery or supply, earthquakes, fire, storm, flood, lightning strike or the breakdown of telecommunications networks.
Article 15 – Applicable law – Disputes
These GTS have been drawn up in French, English and German.
Subject to the applicable provisions relating to local public order, the interpretation and performance of these GTS and any other texts that arise out of them will be subject to French law, irrespective of the place to which the products are delivered, the place in which the order was placed or the buyer’s nationality or address.
All disputes with professionals and /or traders arising out of these GTS and/or any order sent to the Company and/or any sale made by the Company will come under the sole jurisdiction of the Commercial Court in Angers, even in the event of third-party appeals, multiple defendants or incidental claims.
Article 16 – Personal information
The information and data concerning the buyer are required in order to manage his order and his commercial relations with the company. They may be passed on to companies that play a part in these relations, such as those responsible for performing the services and for the management, performance, processing and payment of the orders. The information and data are also kept for security reasons, in order to comply with legal and regulatory obligations, and to enable the company to improve and personalise the services that it offers and the information that it sends to buyers.
In accordance with the “Loi Fichiers, Informatique et Liberté” (French Data Protection Act) of 06/01/78, the buyer has the right to access, correct and delete any personal details concerning him. To exercise this right, he should simply write to the company at the following address: Société TAKABIO – 4 Rue Joseph Fourier – 49070 Beaucouzé – FRANCE giving his name, first name, e-mail address and, where relevant, his customer reference number.
Depending on the products he chooses to buy, the buyer may receive offers from the company and from partner sites as indicated in the order process. If the buyer does not wish to receive these offers, he may make the request at any time by writing to the company at the following address: Société TAKABIO – 4 Rue Joseph Fourier – 49070 Beaucouzé – FRANCE.
Article 17 – Cookies and Web beacons
17.1. Cookies are little information files that websites may send on to the hard disk of a personal computer in order to be able to trace it in future. Certain personalised services on the Sites use temporary cookies in order to function effectively and require the buyer’s acceptance of these cookies. If the browser on the buyer’s personal computer is configured to refuse them, it may be difficult or even impossible to access these services. The cookies used on the Sites also identify the products that the buyer has purchased and monitor his behaviour when he visits the Sites. This information is helpful in enabling the Company to personalise the services, products, content, promotional offers and banners that appear on the Sites. The buyer may de-activate or delete the cookies by using the options available on his browser. As every browser is different, the buyer should read the instructions for using his browser and configure it to suit his needs. The information is stored on the buyer’s computer for the period that buyer spends visiting the Site (it is deleted when the browser is closed down).
17.2. The company may also use Web beacon technologies to configure its Sites to provide the best possible service. A Web beacon is a pixels .GIF file that allows a site to count the number of users who have read each page or activated certain cookies. The beacons may be situated on certain particular pages of the site or included in promotional e-mails. When a visitor accesses these pages, the system generates an anonymous signal which can then be processed by our services or sales employees. The Web beacons operate together with the cookies. The buyer may, if his browser allows it, de-activate certain Web beacons by rejecting their associated indicators.
Article L. 211-4 Consumer regulations
The vendor is bound to deliver goods that comply with the contract and is responsible for any lack of compliance discovered during the delivery. He is also responsible for any lack of compliance relating to the packing, assembly instructions or installation where this has been stated as being his responsibility in the contract or has been carried out under his responsibility.
Article L. 211-5 Consumer regulations
To comply with the contract, the goods must:
1° – Be fit for the uses usually expected of such goods and, where relevant, match the description given by the vendor and possess the qualities that the latter has presented to the buyer in the form of a sample or model, and present the qualities that a buyer may legitimately expect based on public statements made by the vendor, manufacturer or his representative, particularly in his advertising or labelling.
2° – Or present the characteristics defined by joint agreement between the parties or be fit for any special use that the buyer wishes to make of it, of which he has informed the vendor and which the latter has accepted.
Article L. 211-12 Consumer regulations.
Claims resulting from a lack of compliance shall lapse two years after the delivery of the goods.
Article 1641 Civil Code
The vendor is bound by the guarantee relating to hidden defects in the goods sold that make them unfit for their intended use, or which reduce this use to such an extent that the buyer would not have purchased them or would have paid a lower price if he had been aware of them.
Article 1648 section 1 Civil Code
Claims resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.