LIVELYBODYS DWC LLC Dubai,
United Arab Emirates
Any natural person who, in a personal capacity, has, after having carefully consulted and approved the general conditions of use available at the following URL Https://livelybodys.com/pages/cgv as well as these general conditions of sale, such as he is obliged to do so before any decisions, on his own behalf, to subscribe to one of the products or services offered by LivelyBody's on its sites. Hereinafter referred to as the "customer".
I / OBJECT OF THE CONTRACT - SCOPE
The purpose of these general conditions of sale (hereinafter the "GTC") is to define the technical, legal and financial conditions under which Livelybody's undertakes to provide the products and services to the customer. The parties agree to apply and interpret this contract in good faith and to attempt to resolve any application difficulties or disputes amicably and in a spirit of conciliation.
1.2. Fields of application
These GTCS apply to the ordering process on the site, to all beginnings of use of the services offered on the site and / or to all sales of products concluded by LIVELYBOODY'S, (hereinafter referred to as "LIVELYBODY'S") from of the site www.livelybodys.com to customers whether they are individuals or professionals, whatever the clauses that may appear in the Customer's documents, and in particular his general conditions of purchase, unless expressly accepted in writing by LIVELYBODY'S and concerning all the services developed and products marketed by LIVELYBODY'S.
The fact that LIVELYBODY'S does not take advantage, at a given moment, of any of these clauses cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
These T & Cs as well as the LIVELYBODY'S prices are expressly approved and accepted by the customer, who declares and acknowledges having perfect knowledge of them, and thereby waives the right to rely on any contradictory documents and, in particular, his own conditions. general purchasing.
These T & Cs are enforceable for the duration of use of the services offered on the site and for all purchases made by the customer until new T & Cs replace these.
LIVELYBODY'S reserves the right to modify these T & Cs, depending on the technical development of the www.livelybodys.com site or its product and service offers, or due to changes in legislation, at its sole discretion. As soon as essential points relating to the delivery of products and services are changed, the customer will be asked, on the occasion of all new orders, to read and approve said new GTC. In general, the use of the site, as well as the sale of products and the delivery of services to the client are always subject to the most recent version of the T & Cs and T & Cs posted on the site and accessible to the client at the time of this use. It is the customer's responsibility to consult the GTCs accessible both on the public part of the site and in the area reserved for each customer-member as often as necessary.
This site is open to all countries of the world, the products are delivered all over the world.
In the event that this site, the products and services it offers or the way in which they are offered would be, in whole or in part, illegal under the national law of residence of the customer, it is up to the latter to waive it. access from this territory or access it from other territories where they are deemed to be legal. The customer who chooses to access the http://www.livelybodys.com platform from a territory where it is considered entirely or partly illegal does so on his own initiative, at his own risk and he is responsible for assuming the consequences of the application of the rules of public order of his country of residence, without attributing the responsibility to LIVELYBODY'S.
Any violation of these T & Cs authorizes LIVELYBODY'S to refuse for the future to the customer author of the considered violation, to benefit from the products and services delivered from the site or from any affiliated sites under the responsibility of LIVELYBODY'S or to close any account allowing access to one of its sites, without prejudice to any compensation that may be claimed from the author of said violation.
1.7. Convention of proof
-Except in cases where a stipulation herein provides, otherwise it results from an express agreement between the parties that exchanges between them may take place by any means, in particular by electronic mail to the e-mail addresses mentioned in their correspondence, on the site for Livelybody's, as part of its registration on the site for the client, or in any other document.
The customer acknowledges that the records and backups (including all connection data) made on the site (hereinafter the “electronic documents”) will have full probative value between the customer and LIVELYBODY'S. Thus, electronic documents (including their dates and times) will prevail between the parties in the event of a claim or a dispute.
The Client therefore recognizes, in its contractual relations with Livelybody's, the validity and the probative force of the e-mails and the connection statements and of data and account modifications, as well as their reproductions on microfiche, optical or magnetic discs, kept by Livelybody's, are opposable to the customer as evidence.
The terms defined below, whether in the singular or in the plural, will have the following meanings in these GTCS:
-Data: all information provided by the customer, including that provided by the customer in his member account where applicable, under his full and entire responsibility and appearing on the servers administered by LIVELYBODY'S.
-Products: all the products marketed by LIVELYBODY'S on the site www.livelybodys.com - Site: the website located at the URL address www.livelybodys.com
- Customer: all natural persons purchasing the products marketed by LIVELYBODY'S or subscribing to the services offered by LIVELYBODY'S via the site.
II / CONDITIONS OF ACCESS TO SERVICES AND CAUTION
The purchase of products and services on the site is authorized for adults and minors subject to the consent of the holder of parental authority.
The customer wishing to make a purchase on the site must be in perfect knowledge of his state of health. Customers who are pregnant must consult a doctor before making any purchase on the site. Customers with excessive thinness, food intolerance or suffering from specific pathologies (kidney, heart, diabetes, etc.) must also be vigilant in the use of the products and services of the site. they will take care to remove from the products offered all those that may cause them any troubles whatsoever.
The customer expressly acknowledges that the use of vegetable oils or any other natural plant-based products is an individual experience, that its effects cannot therefore be determined in advance with exactitude, that it is therefore not subject to any obligation of results. Likewise, the customer acknowledges that the information provided by the site cannot replace the practice of physical exercise, be confused with medical and / or psychological follow-up or consultation. Likewise vegetable oils or any other natural plant-based products should be used as part of a healthy lifestyle and not be used as a substitute for a varied and balanced diet or for medication. In case of doubt about his state of health or about any medical contraindications, the customer agrees to consult a doctor before any purchase on the site.
III / PROCESS OF PURCHASING LIVELYBODYS PRODUCTS
3.1. Placing an order
3.1 The Products
Once on the website www.livelybodys.com, the customer can click on the formula of his choice and place an order directly online. Once the choice of products has been made, the customer must accept these T & Cs, and indicate all the information necessary for shipping the product:
- Last name
- First name
- E-mail adress
- Full physical address
- phone number
He will then have to communicate on an online form the information relating to his bank card, thus allowing the secure payment of his order:
- the name of the holder,
- the 16 digits of his card,
- expiration date,
- the virtual cryptogram code on the back of the bank card. For all problems on the customer's bank account (payment refused, incorrect address, etc.), LIVELYBODY'S reserves the right to block the customer's order until the problem is resolved. Once the payment has been made, the customer will receive an order confirmation e-mail at the address given, summarizing the totality of his order. In case of unavailability of an ordered product, the customer will be informed by email. He will then have the choice between requesting a refund of his order from customer service or waiting for LIVELYBODY'S to be replenished and maintaining his order which will be shipped as soon as possible.
3.2. Shipping - Delivery
3.2.1 Shipping - Delivery of products
Deliveries are made in France (Metropolitan), Europe (Belgium, Switzerland, Luxembourg, Spain, Germany, United Kingdom), DOM TOM and all the other destinations which appear on the website. The products are shipped within 48 hours from the order confirmation by e-mail to the customer. Once the products have been shipped, delivery will be made to the address indicated by the customer by Colissimo 48H - (between 2 and 3 working days) for customers with a delivery address in mainland France. For all other destinations, the delivery time is between 2 days and 10 working days, the name of the carrier will be communicated to the customer by e-mail after the purchase. If the customer wishes delivery to 2 different places, he will have to place 2 different orders and pay the associated shipping costs. In case of return of the package to the sender for any impossibility of delivery, a contribution to the return costs of 6 euros will be requested to return the package.
- Express delivery. A contribution to delivery costs will then be requested from the customer. (The amount will be communicated to the customer before payment of the order).
LIVELYBODY'S will or will not offer these 2 additional delivery methods depending on their feasibility.
For customers outside the euro zone, customs taxes at the entry of their country of residence will be the sole responsibility of said customer. Livelybody's will not be responsible for any import costs outside the euro zone.
The customer accepts and recognizes the right of Livelybody's to vary the packaging according to the number of orders and production times.
3.3. Time limit and right of withdrawal
3.3.1 Withdrawal period - Products
In accordance with article L.121-21 of the Consumer Code, from the day after receipt of the products, the customer has a period of fourteen days to exercise his right of withdrawal, by sending the form available on the site by RAR mail to the headquarters of the company LIVELYBODY'S as indicated at the top of these presents. No order cancellation will be accepted if the procedure is not followed. The customer must return the goods to LIVELYBODY'S, at the latest within 14 days of sending their decision to withdraw. He must pay only the direct costs of returning the goods, LIVELYBODY'S not taking them at his expense. LIVELYBODY'S then has a period of 14 days to reimburse the customer upon written notification of the cancellation. However, LIVELYBODY'S will not reimburse the customer in the following cases:
- Quantity of Products less than the order;
- Open products, already consumed;
- Products for which the safety ring is no longer fully sealed;
- Damaged products or packaging, making them unfit for return to the market;
- Products not stored under the conditions recommended on the packaging.
V / TARIFF CONDITIONS
The prices, firm and non-revisable, are those displayed on the site on the day of the order placed by the customer. The prices of products and services are indicated in euros all taxes included. They take into account the VAT and any reductions applicable on the day of the order. Product prices are exclusive of delivery costs and shipping costs are free from 50 euros of purchase by LIVELYBODY'S for any purchase on the site. If one or more taxes or contributions were to be created or modified, up or down, this change may be reflected in the selling price of the products and services on the website and on the various sales media. However, a price cannot be changed once the customer's order has been confirmed.
5.2. Payment terms
Payment for services is made by credit card on the site. It is also possible to pay via Paypal. To this end, the customer authorizes LIVELYBODYS to debit his credit card for the amount indicated when placing the order.
LIVELYBODY'S assures the customer of the security of payments made and of its agreements with professionals in the sector in order to fully ensure this objective. The invoices corresponding to each order will be sent by e-mail after the order. The customer may also request the sending of his invoices by email by contacting LIVELYBODY'S by email at the following address: firstname.lastname@example.org
VI / GUARANTEES AND EXCLUSIONS OF LIVELYBODYS GUARANTEES
The products marketed by LIVELYBODY'S are manufactured by partner laboratories. LIVELYBODY'S offers its customers a guarantee of conformity, quality and compliance with the regulations applicable to vegetable oils or any other natural plant-based products. LIVELYBODY'S also guarantees that the products have been subjected to controls and tests carried out by partner laboratories before they are placed on the market.
In any event, the responsibility of LIVELYBODY'S cannot be sought by the customer in the following cases:
- lack of suitability of products to customer needs;
- damage suffered by the customer due to improper use of the products;
- absence of verification by the customer, before the order and throughout the taking of the products, of his state of health and of his possible allergies to one of the components of the product.
As the results are personal, no result can be guaranteed to the customer due to the use of the products and services provided by LIVELYBODY'S via the site.
6.2. In the alternative
Some countries and jurisdictions do not allow the exclusion of implied warranties or the limitation on the duration of implied warranties, so the foregoing limitations may not apply in whole or in part to certain cases where such limitations are prohibited by law. public order. In these cases alone, the total liability of LIVELYBODY'S will be limited to the amount that the customer has actually paid for the orders at the origin of the damage invoked and judicially recognized as established, under the application of these public order rules. .
VII / INTELLECTUAL PROPERTY
LIVELYBODY'S owns and retains the ownership of all intellectual property rights relating to the services and products purchased by the customer, in particular the know-how, methods, copyrights and patents associated with the software that accompanies them and that they include, as well as the rights relating to their design (drawings and models) or the names under which they are marketed (brands).
None of the stipulations of these T & Cs can be interpreted as an assignment or a license of one of these rights for the benefit of the customer. Indeed, the latter only has the right to use for his own account the services offered, if necessary to resell them but, in any event, the customer guarantees the seller against any infringement of the above-mentioned rights by his own. made.
8.1. Principle and definition
Neither party will be held responsible vis-à-vis the other for the non-performance or delays in the performance of an obligation of this contract which would be due to the act of the other party following the occurrence of '' a case of force majeure within the meaning of article 1148 of the Civil Code. Expressly, are particularly considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, the blocking of telecommunications, including telecommunications networks, total or partial strike, lockout , riot, civil disturbance, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake earth, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory modifications of the forms of marketing, computer failure, all consequences of a technological evolution, not foreseeable by LIVELYBODYS, calling into question the standards and standards of his profession and all other unforeseeable, irresistible cases beyond the control of the p artis preventing the normal performance of their reciprocal obligations.
In the event of such an event of force majeure occurring, the obligations of this contract are suspended. If the force majeure continues for a period of more than one month, these general conditions may be terminated, with relative effect, by either party upon receipt by the other of a registered letter.
X / INFORMATION - COMPLAINTS
Any complaint or request for information relating to products or services must be sent to LIVELYBODY'S via the site by referring to the “contacts” section, by telephone by dialing …… .. or by post to the next address :
LIVELYBODYS DWC LLC
Dubai Logistic City, Building A3, 3rd Floor
PO box 713838, Dubai
United Arab Emirates
The response to the complaint will be made within 30 working days by post, if the customer expressly requests it. If, at the end of this period, the customer does not obtain satisfaction, he has the possibility of making a second request for notification by registered letter with acknowledgment of receipt. The processing of his request will not exceed the period of one month from receipt of the notification. In all correspondence, electronic or postal, addressed to LIVELYBODY'S, the customer undertakes to mention his surname and first name, name, his e-mail address, and the subject of his request, attaching a copy of his identifier, if necessary. in order to allow its identification and the processing of its requests. Any incomplete request cannot be processed by LIVELYBODYS.
X / GENERAL PROVISIONS
The fact that LIVELYBBODY'S does not take advantage at any given time of any one of these general conditions and / or tolerates a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted as being equivalent to a waiver by LIVELYBODY'S to subsequently avail itself of any of the said conditions.
The invalidity of one of the clauses of these T & Cs, in particular in application of a law, a regulation or following a decision of a competent court which has become final will not result in the invalidity of the others. clauses which will retain their full effects and scope.
The titles of the articles of the GTC are intended only to facilitate references and do not in themselves have a contractual value or a particular meaning.
XI / APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
These GTCS are exclusively subject to French law to the exclusion of all other legislation, even in the presence of customers residing or nationals of foreign countries. The official language of these GTC is French. The use of all other languages is only indicative. In case of difficulty of interpretation, the parties will refer only to the text in French.
All disputes relating to these GTCS will be submitted, prior to all legal proceedings, to a conciliator (s), each party present by designating one except to agree on the choice of only one. To this end, in the event of a dispute, one of the parties will inform the other by registered letter with acknowledgment of receipt of the name of the proposed conciliator, the other party having thirty (30) days to notify the one it designates; failure to respond within this period will constitute agreement of the second part on the choice of the conciliator advanced by the first.
In the event of a proven defect on the part of the party concerned in the receipt or withdrawal at the post office of a notification sent by registered letter with acknowledgment of receipt, the notification may be made by any means. Within a maximum period of three months from their appointment, the conciliator (s) will endeavor to settle the difficulties submitted to them and to have the parties accept an amicable solution. Whatever the outcome of said amicable conciliation, the conciliation or non-conciliation report will be drafted and signed by the conciliator (s).
In the absence of such an agreement within the time limits provided, and subject to production of said non-conciliation report, the dispute will be brought to the attention of the commercial court of the place of the headquarters of LIVELYBODY'S on the day of the summons, which must it is imperative to note the production of the said report duly signed for the purposes of judging the dispute. This clause applies, unless otherwise provided by public order and, without this affecting the rights of LIVELYBODY'S to take legal action against any person who has violated their rights, before a court. which would have jurisdiction in the absence of the aforementioned clause.
Purchases on the site are authorized for people under the age of 18, subject to the consent of the holder of parental authority. The customer wishing to make a purchase on the site must be in perfect knowledge of his state of health. Customers who are excessively thin or are pregnant should refrain from using the site's products.
Customers with food intolerances or with specific pathologies must exclude from the products offered all those that may cause them any problems whatsoever. In case of doubt about his state of health or about any medical contraindications, the customer agrees to consult a doctor before any purchase or follow-up coaching on the site.
Vegetable oils or any other natural plant-based products cannot replace the practice of physical exercise, be confused with medical and / or psychological follow-up or consultation. Likewise, vegetable oils or any other natural plant-based products should be used as part of a healthy lifestyle and not be used as a substitute for a varied and balanced diet or for medication. A cure of natural plant-based products is not subject to any obligation of results, the testimonials appearing on the site reflecting only particular and personal experiences. The testimonials on the livelybodys.com site have been sent by LIVELYBODY'S consumers and are the sole responsibility of themselves.
The customer acknowledges that these testimonials are not a guarantee for its own results, but tend to represent and illustrate potential results, obtained within the framework of an optimal use of vegetable oils or any other products made from LIVELYBODY'S natural plants. The before / after photographs appearing on the site are representations made from real customer testimonials sent by simple letter or e-mail to LIVELYBODY'S by consumers of vegetable oils or all other LIVELYBODY'S natural plant-based products. The testimonials are not intended to represent reality, but only to illustrate the results that the customer could potentially obtain thanks to the regular use of LIVELYBODY'S products.
EXTRACT FROM THE CONSUMER CODE
-Prior to the conclusion of a contract of sale or provision of services, the professional communicates to consumers, in a readable and understandable manner, the following information:
1 ° The information provided for in Articles L. 111-1 and L. 111-2;
2 ° When the right of withdrawal exists, the conditions, time limit and modalities for exercising this right as well as the standard withdrawal form, the presentation conditions of which and the information it contains are fixed by decree in council of 'state;
3 ° Where applicable, the fact that the consumer bears the costs of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when the latter, due to its nature, cannot normally be returned by mail;
4 ° Information on the consumer's obligation to pay costs when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network which he has expressly requested to be executed before the end of the withdrawal period; these fees are calculated according to the terms set out in article L. 121-21-5;
5 ° When the right of withdrawal cannot be exercised in application of article L. 121-21-8, the information that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
6 ° Information relating to the contact details of the professional, where applicable the costs of using the remote communication technique, the existence of codes of good conduct, where applicable sureties and guarantees, the terms of termination, the methods of settling disputes and other contractual conditions, the list and content of which are fixed by decree of the Council of State.
Art. L. 111-1
- Before the consumer is bound by a contract for the sale of goods or the supply of services, the professional communicates to the consumer, in a legible and understandable manner, the following information:
1 ° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;
2 ° The price of the good or service, in application of Articles L. 113-3 and L. 113-3-1;
3 ° In the absence of immediate execution of the contract, the date or the deadline at which the professional undertakes to deliver the goods or to perform the service;
4 ° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as it does not appear from the context, as well as, if applicable, that relating to legal guarantees, functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions. The list and the precise content of this information are fixed by decree in the Council of State.
Art. L. 111-2-I.
- In addition to the information provided for in Article L. 111-1, any professional, before entering into a service supply contract and, when there is no written contract, before the performance of the service of services, makes available to the consumer or communicates to him, in a readable and understandable manner, additional information relating to his contact details, his service provision activity and other contractual conditions, the list and content of which are fixed by decree in council of state. This decree specifies which additional information is communicated only at the request of the consumer.
Art. L. 121-18-2
- The professional cannot receive any payment or any consideration, in any form whatsoever, from the consumer before the expiry of a period of seven days from the conclusion of the off-premises contract.
Art. L. 121-21
- The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or outside establishment, without having to justify his decision or to bear other costs than those provided for in Articles L. 121-21-3 to L. 121-21-5. All clauses by which the consumer gives up his right of withdrawal is void.
The period mentioned in the first paragraph of this article runs from the day:
1 ° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 121-16-2;
2 ° Receipt of the goods by the consumer or a third party, other than the transporter, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.