General Terms and Conditions
Welcome to the REBORN WORLD Company Website.
These General Conditions of Sale and Use apply to all products offered by the company REBORN WORLD.
ARTICLE 1 - DEFINITIONS
In these General Conditions of Sale and Use, the words or expressions mentioned below, starting with a capital letter, will have the following meaning:
- Customer : designates a natural or legal person linked to the company REBORN WORLD by a Contract relating to Products offered for consideration.
- Order : designates the act of the Customer demonstrating his firm desire to acquire a Product offered by the company REBORN WORLD for a fee.
- General Conditions : designates these General Conditions of Sale and Use, applicable to all Products offered by the company REBORN WORLD.
- Contract: designates the whole consisting of the General Conditions of Sale and Use, the special conditions as well as the Confidentiality Policy of the company REBORN WORLD, applicable between the latter and a Customer. It constitutes the entire agreement between them.
- The company REBORN WORLD or the Service Provider : refers to the company REBORN WORLD, a simplified joint stock company, with capital of 1,200 euros, whose head office is located at 16, place Vendôme, 75001 – Paris, registered with the Paris trade and companies register under the number 853 618 288.
- Confidentiality Policy : designates the document indicating the methods of collection and processing by the company REBORN WORLD of the personal data of Customers as well as the rights which the latter have over them. The confidentiality policy is accessible on the REBORN WORLD company website.
- Products : designates any product, and in particular food supplements, made available to the Customer for a fee by the company REBORN WORLD, as presented in the catalog published on the Website.
- Website : refers to the website https://www.reborn.paris
- User : designates a Customer using the Website.
ARTICLE 2 – LEGAL NOTICES
The Website is published by the company REBORN WORLD, a simplified joint stock company, with capital of 1,200 euros, whose head office is located at 16, place Vendôme, 75001 – Paris, registered in the Paris trade and companies register under number 853,618,288.
The Website is hosted by the company [ to be completed ].
The publication director is [ Designate a member of the REBORN WORLD company ].
ARTICLE 3 - SCOPE OF APPLICATION
These General Conditions constitute, in accordance with article L. 441-1 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which the company REBORN WORLD provides the Products to Customers who request them, by direct contact, online or via paper media. The company REBORN WORLD reserves the right at any time, in compliance with the legal and regulatory provisions in force, to modify, develop, submit to conditions, suspend, withdraw or delete all or part of a Product.
The General Conditions apply, without restriction or reservation, to all Products offered by the company REBORN WORLD to Customers, regardless of the clauses that may appear on the Customer's documents, and in particular its general conditions of purchase.
In accordance with current regulations, these General Conditions are accessible to any Customer when ordering and before the conclusion of the Contract, and systematically communicated to any Customer on a durable medium after the conclusion of the Contract. They are also systematically communicated to the Customer who requests them, to enable him to contract with the company REBORN WORLD. The General Conditions are also available on the Website.
Any order for Products implies, on the part of the Customer, acceptance of these General Conditions.
The General Conditions may be modified at any time by the company REBORN WORLD, in particular in order to comply with any editorial, commercial, technical, legal or regulatory developments. The new General Conditions will be enforceable against the Customer from their posting on the Website, and applied to orders placed from this date. It is therefore advisable to refer to the current version of the General Conditions before any new order.
These can be consulted on the Website and can be requested from REBORN WORLD's customer service.
The information appearing in the catalogs, prospectuses and prices of the company REBORN WORLD is given for information purposes only and can be revised at any time.
In accordance with current regulations, the company REBORN WORLD reserves the right to deviate from certain clauses of these General Conditions, depending on the negotiations carried out with the Client, by indicating derogatory notices on the contractual documents (quotes and invoices) .
ARTICLE 4 – WEBSITE
The Website provides access to the Products offered by the company REBORN WORLD.
The Products offered for sale are those described on the Website on the day the latter is consulted by the Customer, within the limits of available stocks.
Access and use of the Website requires you to be connected to the Internet. The technical and IT means necessary for this connection, in particular computer, smartphone or tablet, software, browser, telecommunications network, are the responsibility and exclusive responsibility of the User, the company REBORN WORLD having in this regard no obligation of any kind.
The company REBORN WORLD strives to ensure, to the best of its ability, the accuracy and updating of the information published on its Website at the time it is put online. The company REBORN WORLD does not, however, guarantee the accuracy, precision or completeness of the information made available on its Website and reserves the right, whatever the reason and at its sole discretion, to terminate, modify, suspend or interrupt access to all or part of the Website, including in particular the content, functionalities or hours of availability, without prior notification.
The company REBORN WORLD declines all responsibility for any interruption of the Website or occurrence of bugs, for any imprecision, inaccuracy or omission relating to information available on the Website, for any damage resulting from fraudulent intrusion by a third party including when this could lead to a modification of the information made available on the Website, and more generally for any damage, direct or indirect, whatever the causes, origins, nature or consequences, caused due to access from anyone to the Website or the inability to access it.
Hypertext links may refer to sites other than the REBORN WORLD company Website.
By clicking on these links, the Customer leaves the Website and thus lands on third-party sites over which REBORN WORLD has no control.
Consequently, the company REBORN WORLD declines all responsibility for any direct or indirect damage whatever the causes, origins, nature or consequences caused by access to other sites.
ARTICLE 5 - ORDER AND CONCLUSION OF THE ONLINE SALE
5.1 Ordering Products
Validation of the Order constitutes firm and definitive acceptance of these General Terms and Conditions.
The Customer is solely responsible for the choice of the Products for which he orders, and their suitability to his needs, so that the company REBORN WORLD cannot be held liable in this regard.
After validation of the Order, the Customer enters the contact details to which he wishes to obtain delivery of the Product(s) ordered, and invoicing details if they are different.
The company REBORN WORLD then sends the Customer an Order confirmation by e-mail, including the elements of the summary of their Order and the delivery and, where applicable, billing addresses provided.
The company REBORN WORLD may, at its discretion, propose temporary commercial offers which may be subject to special conditions which are brought to the attention of the Customer prior to the Order. These offers may be withdrawn or modified at any time by the REBORN WORLD Company, which cannot be held liable for the modification or withdrawal of an offer.
5.2 Conclusion of the online sale
Ordering Products on the Website is subject to compliance with the procedure set up by the company REBORN WORLD.
The Customer then receives electronically and without delay a confirmation of acceptance of payment for the Order as well as an acknowledgment of receipt summarizing and confirming the Order.
To this end, the Customer formally accepts the use of email for confirmation of the Order by the company REBORN WORLD. The REBORN WORLD company cannot be held responsible for any harmful consequences linked to the Customer's error in providing their email address.
A delivery note will be included in the package, summarizing the Order again.
In accordance with article L. 121-11 of the Consumer Code, the company REBORN WORLD reserves the right to refuse the Order for legitimate reasons, and in particular if the Order is abnormal, placed in bad faith or when there is a dispute with the Customer regarding payment for a previous Order.
ARTICLE 6 - PRICES
The Products are offered at the prices of the company REBORN WORLD in effect on the day of validation of an Order, which can be consulted on the Website, and summarized when the order is validated.
Prices are, depending on the case, in euros or in pounds, all taxes included, excluding delivery costs.
An invoice is drawn up by the company REBORN WORLD and given to the Customer.
The Customer will be able to benefit from price reductions, discounts and rebates, under the conditions and according to the methods described in the prices of the company REBORN WORLD.
ARTICLE 7 – PAYMENT CONDITIONS
Payment of each invoice due by the Customer for the Order placed with the company REBORN WORLD is made by bank transfer or by paypal.
The Client undertakes to provide accurate and complete banking information.
In the event of irregularities relating to the Customer's banking information and/or lack of funds, REBORN WORLD reserves the right not to validate the Order.
In the event of repeated payment defaults on the part of the Customer, REBORN WORLD reserves the right to oppose any subsequent Order.
Any complaint or dispute about a direct debit and/or an invoice by the Customer can be made to Customer Service.
No additional costs, greater than the costs borne by the Service Provider for the use of a means of payment, may be invoiced to the Client.
No discount will be applied by the Service Provider for payment before the date appearing on the invoice or within a period shorter than that mentioned in these General Conditions.
ARTICLE 8 – TERMS OF DELIVERY OF PRODUCTS
Processing of the Order placed by the Customer begins upon receipt by the company REBORN WORLD of payment and validation of this Order.
The company REBORN WORLD undertakes to make its best efforts to ensure that the Customer's Order is shipped within a period of between forty-eight (48) hours and seven (7) working days from validation of the Order and for any delivery in mainland France and within the European Union. For any delivery outside mainland France and the European Union, the company REBORN WORLD undertakes to make its best efforts to ensure that the Customer's Order is shipped within a period of between four (4) and fourteen (14) days.
The company REBORN WORLD cannot be held liable towards the Customer in the event of a delay in the delivery of the Products not exceeding one month. In the event of a delay of more than one month attributable to the company REBORN WORLD, the Customer may request a discount.
The Customer acknowledges and accepts that delivery costs may vary depending on the location of delivery of the Products.
The liability of the company REBORN WORLD cannot under any circumstances be incurred in the event of delay or suspension of delivery of the Product attributable to the Customer, or in the event of force majeure.
In the event of a specific request from the Customer concerning the delivery conditions of the Products, duly accepted in writing by the company REBORN WORLD, the related costs will be subject to additional specific invoicing, based on a quote previously accepted by the Customer.
In the absence of reservations or complaints expressly expressed by the Customer and addressed to the customer service of the company REBORN WORLD upon receipt of the Products, they will be deemed to be compliant, in quantity and quality. The Customer will have a period of fourteen (14) days from delivery of the Products to issue, in writing, such reservations or complaints, with all related supporting documents, to the company REBORN WORLD.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer. The company REBORN WORLD will reimburse or rectify, as far as possible, the Client as quickly as possible and at its expense, according to the appropriate terms and conditions approved by the Client, the Services whose lack of conformity has been duly proven by the Client .
ARTICLE 9 – LIABILITY OF REBORN WORLD – GUARANTEE
The Products offered by the company REBORN WORLD are deemed to conform to the description included in the commercial documentation.
The Customer acknowledges that the company REBONRN WORLD is not bound by any obligation of result regarding the consumption of the Products and their suitability to the Customer's needs. It is up to the Customer to prove any possible non-compliance.
The Customer is solely responsible for consulting and choosing the Products offered by the company REBORN WORLD.
By accepting these General Conditions, the Customer acknowledges that REBORN WORLD's Products are not medicines and that they cannot replace a varied and balanced diet.
By accepting these General Conditions, the customer acknowledges having been informed that the Products must be kept out of the reach of children, that pregnant or breastfeeding women must consult a health professional before consuming the Products and that the latter are not recommended. to children under twelve (12) years old.
The Customer further acknowledges making purchases of Products in knowledge and/or in accordance with his state of health and, where applicable, the pathologies he may present. In the event of pathologies likely to present an inadequacy with the Products offered, the Customer also undertakes to consult a health professional before any purchase.
Consequently, the liability of the company REBORN WORLD cannot be engaged in the event of inadequate and/or inadvisable use of the Product by the Customer.
The liability of the company REBORN WORLD can only be incurred in the event of proven fault or negligence and is limited to direct damage resulting from a failure to fulfill its contractual obligations, to the exclusion of any indirect damage, of any nature whatsoever. it would be.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the company REBORN WORLD, in writing, of the existence of the defects within a maximum period of 8 days from their discovery .
The company REBORN WORLD will rectify or have rectified, at its exclusive expense, according to the appropriate methods and approved by the Customer, the Products deemed defective.
In any event, in the event that the liability of the company REBORN WORLD is held, the latter's guarantee would be limited to the amount excluding tax paid by the Customer for the supply of the Products.
ARTICLE 10 – INFORMATION ON THE RIGHT OF WITHDRAWAL
10.1 Notification of withdrawal
Within the meaning of the Consumer Code, a consumer is considered to be “any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal or professional activity. »
In accordance with the provisions of article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) clear days to exercise a right of withdrawal from receipt of the Product by the Customer.
The right of withdrawal may be exercised by any unambiguous declaration expressing the desire to withdraw, and in particular by postal mail addressed to the company REBORN WORLD, 16, place Vendôme, 7501 – Paris, or by email, by contacting Customer Service, and mentioning the order concerned by this withdrawal.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Products ordered will be refunded.
The reimbursement of the amounts actually paid by the Customer will be made within fifteen (15) days from receipt, by the company REBORN WORLD, of the notification of the Customer's withdrawal.
10.2 Limit on the right of withdrawal
The right of withdrawal cannot apply to Products that have been damaged or have been opened, partially or entirely consumed, labeled, advertised, or not in perfect condition for resale for reasons of hygiene or health protection.
10.3 Return of products
In the event of exercising the right of withdrawal, the Customer must return at his own expense, within fourteen (14) days following communication of his withdrawal, the Products with a copy of the Order or the invoice, to the intended address. at 10.1.
The Products must be intact, complete and packaged in their original packaging. In accordance with the transfer of ownership, the risks associated with the return of the product, whatever the cause, rest with the Customer.
ARTICLE 11 - UNPREDICTION
In accordance with article 1195 of the Civil Code, if an unforeseeable change in circumstances at the time of the conclusion of the Contract makes execution excessively onerous for a party who had not agreed to assume the risk, the latter may request a renegotiation of the Contract to its co-contractor. It continues to perform its obligations during the renegotiation.
If the renegotiation is successful, the parties will immediately establish a new Contract formalizing the result of this renegotiation.
In the event of failure of the renegotiation, the parties may, in accordance with the provisions of article 1195 of the Civil Code, request by mutual agreement from the judge, the resolution or adaptation of the Contract.
In the event that the parties do not reach an agreement to refer the matter to the judge by mutual agreement within a period of one month from the establishment of this disagreement, the most diligent party may submit a request to the judge. revision or termination of the contract.
However, if the change in circumstances unforeseen at the time of the conclusion of the contract was definitive or persisted beyond one month, the Contract would be purely and simply terminated according to the terms defined in the article “Resolution for Unforeseen circumstances”.
ARTICLE 12 – FORCE MAJEURE
The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The parties agree that an epidemic or pandemic preventing the supply or delivery of a Product may constitute, depending on the case, a case of force majeure.
Each party must inform the other party, without delay and by registered letter with acknowledgment of receipt, of the occurrence of such a case when it considers that it is likely to compromise the execution of its contractual obligations. .
In the event of the occurrence of such a case of force majeure, the performance of the Contract will be suspended until the disappearance, extinction or cessation of the case of force majeure.
The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act.
However, if the case of force majeure persists beyond a period of thirty (30) days, the parties must come together to discuss a possible modification of the Contract.
The deadlines provided for in the Contract will be automatically postponed depending on the duration of the force majeure event.
In the absence of an agreement between the parties within thirty (30) days and if the case of force majeure persists, each party will have the right to terminate the Contract automatically, without any compensation being due. by either party, in accordance with the article “Resolution due to force majeure”.
However, if upon the occurrence of the force majeure event, it appears that the delay justifies the termination of this Contract, it is terminated automatically and the parties are released from their obligations under the conditions provided for by articles 1351 and 1351-1 of the Civil Code.
ARTICLE 13 – RESOLUTION OF THE CONTRACT
13.1 Resolution for unforeseeability
The resolution for a change in circumstances unforeseeable at the time of the conclusion of the Contract and making the execution of the Contract excessively onerous may, notwithstanding the clause Resolution for failure of a party to fulfill its obligations appearing below, only take place within fifteen (15) days after receipt of a registered letter with acknowledgment of receipt or any extra-judicial act, declaring the intention to apply this clause.
13.2 Resolution for non-performance of a sufficiently serious obligation
The party victim of a default may, notwithstanding the Resolution clause for failure of a party to fulfill its obligations appearing below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other party, notify by registered letter with acknowledgment of receipt to the defaulting party, the faulty resolution of these presents, fifteen (15) days after receipt of a formal notice to perform which has remained unsuccessful, in application of the provisions of the article 1224 of the Civil Code.
13.3 Resolution for force majeure
The automatic resolution for force majeure, notwithstanding the clause Resolution for failure of a party to fulfill its obligations appearing below, may only take place fifteen (15) days after receipt of a registered letter with request for notice of receipt or any extrajudicial act. This formal notice must mention the intention to apply this clause.
13.4 Provisions common to resolution cases
The services exchanged between the parties since the conclusion of the Contract and until its resolution having found their usefulness as the reciprocal execution thereof progresses, they will not give rise to restitution for the period prior to the last service not having received its consideration. In any event, the injured party may seek legal damages.
ARTICLE 14 – INTELLECTUAL PROPERTY LAW
The company REBORN WORLD is the owner of the Website and its constituent elements, as well as all of the property and moral rights attached to it and its constituent elements, including, but not limited to, the all source codes, object codes and graphical interfaces used for the operation and operation of the Website.
Whether accessible free of charge or not, any reproduction, representation, distribution, translation or total or partial exploitation, of any nature whatsoever and by any means whatsoever, of any of these elements, without authorization written and prior notice from the company REBORN WORLD is strictly prohibited and would constitute an offense of counterfeiting within the meaning of the Intellectual Property Code.
ARTICLE 15 – PERSONAL DATA
The information collected about the Customer is subject to computer processing carried out by the company REBORN WORLD and is essential to the processing of their order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations.
The REBORN WORLD company has a Confidentiality Policy accessible through the Website.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by law n°2004-801 of August 6, 2004, and by European Regulation n°2016/ 679, the Customer has a right of access, rectification, deletion, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, a right that he can exercise in s addressed to the data controller.
In accordance with article 37 of the aforementioned European Regulation, the REBORN WORLD company has appointed a data protection delegate in the person of [ Designate a member of the REBORN WORLD company ].
The Client has defined in agreement with the company REBORN WORLD the main purpose of the processing of personal data as part of the services entrusted by the Client to the company REBORN WORLD.
Each party undertakes to retain the personal data subject to the processing carried out only for the period necessary for the purposes of the processing carried out and, in any event, for a maximum period of one (1) year.
The company REBORN WORLD acknowledges that it provides sufficient guarantees, particularly in terms of knowledge, reliability and resources for the implementation of technical and organizational measures meeting legal and regulatory obligations in terms of data protection.
The company REBORN WORLD undertakes to notify the Client of any violation of personal data, as defined in article 4.12 of the Regulations, within a maximum period of forty-eight (48) hours after becoming aware of it and by following means: sending a message to the email address provided by the Customer.
This notification is accompanied by any documentation in its possession allowing the Customer, if necessary, to notify this violation to the competent supervisory authority. It must, as far as possible, specify the nature and consequences of the data breach, the measures already taken or those proposed to remedy it and the persons from whom additional information can be obtained, and where possible , an estimate of the number of people likely to be impacted by the violation in question.
The Customer's personal data collected by the REBORN WORLD company is intended for the latter's legal entity, third-party companies or subcontractors (which may operate outside the European Union) exclusively for the purposes of managing the contract in accordance with to the applicable legal and regulatory provisions.
In the event of a complaint, the Customer can contact the National Commission for Information Technology and Liberties (CNIL) directly.
ARTICLE 16 – DISPUTE – APPLICABLE LAW AND COMPETENT JURISDICTION
The General Conditions are governed by French law.
In the event of a dispute with professionals and/or merchants resulting from the Contract and in particular, but not limited to, the validity, interpretation, execution, resolution, consequences and consequences of said Contract, the courts of Paris will be competent.
ARTICLE 17 – ACCEPTANCE
These General Conditions are expressly approved and accepted, without restriction or reservation, by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own conditions. general purchasing conditions, which will be unenforceable against the Service Provider, even if he is aware of them.