GENERAL CONDITIONS OF SALE
- Between the company Nature Dynamique, Alois-Schrott-Strasse 22, 6020 Innsbruck, Austria represented by Hubert Arquilliere as manager, duly authorized for the purposes hereof. Intracommunity VAT number: ATU69768067
The company can be reached by email by clicking on the contact form accessible via the site's home page. Hereinafter referred to as “the company” or the “Seller”.
- And the natural or legal person purchasing products or services from the company, hereinafter referred to as “the Customer”.
PREAMBLE
The Seller is a designer of products and services for well-being, marketed through its website https://www.naturedynamic.eu/
Article 1: Purpose
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (CGV) govern the sales of Products or Services, made through the Nature Dynamique company website, and are an integral part of the Contract between the Customer and the Seller.
They are fully enforceable against the Customer who accepted them before placing the order. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.
These General Terms and Conditions can be consulted on the company's website at the following address: https://www.naturedynamic.eu/ Nature Dynamique also ensures that their acceptance is clear and unreserved by setting up a check box. and a validation click.
The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under Austrian laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
Article 3: Prices
The prices of products sold through the website are indicated in Euros including tax and precisely determined on the Product description pages, excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, please contact the Seller to establish a specific invoice including shipping costs specific to the geographical destination of the products.
Article 4: Conclusion of the contract online
In accordance with current legislation, the Customer must follow a series of steps to conclude the contract electronically in order to complete their order:
Information on the essential characteristics of the Product
– Choice of Product, the where applicable, its options
– Indication of the Customer's essential contact details (identification, email, address, etc.)
– Acceptance of these General Conditions of Sale
– Verification of the elements of the order (double click formality) and, where applicable, correction of the errors. Before proceeding with confirmation, the Customer has the possibility of checking the details of his order, its price, and correcting any errors, or canceling his order. Confirmation of the order will generate the formation of this contract.
– Then, follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. During the order process, the Customer will have the possibility of identifying any errors made in data entry and correcting them. The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the legislation. This information may be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successfully completing the order, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
Products
The sales price of the product is that in force indicated on the day of the order, this not including shipping costs charged in addition. These possible costs are indicated to the Customer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services.
The Customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller, his postal and electronic contact details, and his activities in the context of this sale.
The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the Customer. Contractual information is presented in detail.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value, unless specifically noted on the product page. The validity period of the offer of Products as well as their prices are specified on the company's website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
Services: Video subscription:
Any subscription will guarantee you the monthly subscription cost offered during your registration for as long as you keep it. To have access to the vibrational benefits of this video, you will need to register as a member using the connection button on the Video Player page or by clicking on the "see" icon of the video so that your registration form appears.
Your registration will only require the provision of your first and last name as well as your email address. Your personal data will under no circumstances be used for additional services or transmitted to any third party. I do not carry out any information or advertising campaigns with clients of my business.
By registering, you do not become a member of any community. I do not write a blog and am, for the moment, not open to comments on this site. I am available via the contact form if you have any questions or comments. No member will have access to the profile and personal information of other members. Your registration is therefore only available to be able to subscribe to your Dynamic Video subscription.
Its rental being payable by direct debit, you will need to enter your bank details in order to benefit from it. This financial process is carried out via a secure banking server through which I have and will never have access to your personal information. The management of your subscription will be automatically carried out by my website's server.
Once subscribed, you will be able to take full advantage of your subscription by only using the Video Player page. Once connected, you will be able to play the video directly (you can also stay logged in at all times to make it easier to read...). In addition, by clicking on the bell in the member connection window, you can choose to visit your three personal pages: - that of your subscription. By clicking on the arrow to the right of your subscription, you will obtain its details as well as the option to cancel it as soon as you wish. Please note that no refund will be made if you cancel during the subscription month. - that of your payment method. - that of your account and your personal information. A section at the bottom relates to blogs and community. Please ignore them, they are not active but I cannot remove them from this classic page format.
Honesty clause
The Dynamic Video service, as well as any content viewed through it, is reserved, depending on your subscription formula, for personal or family use only. It may not be used for commercial purposes or shared with others. During the duration of your subscription, we grant you a limited, non-exclusive and non-transferable right allowing you to access the Dynamic Video service and freely watch its content. Except for the foregoing, no right, title or interest is granted to you. By subscribing to a Dynamic Video subscription, you explicitly agree to respect the non-transmission of your connection information to a third party or to carry out a public screening. In the event of abuse by a customer, Nature Dynamique reserves the right to permanently cancel its subscription right.
Article 6: Conformity
In accordance with the legislation, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to safety and human health, fair commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product. In accordance with the legislation, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. In accordance with legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested by filing a complaint via the contact form on the Seller's website.
Article 7: Reservation of title clause
The products remain the property of the Seller until full payment of the price.
Article 8: Delivery terms
- Concerning physical items purchased or rented:
The products are delivered to the delivery address which was indicated when ordering and within the deadlines indicated. These deadlines take into account the order preparation time. When the Customer orders several products at the same time, they may have different delivery times sent according to the following methods: delivery via one or more packages. Without specific annotation on the product page, any order will be delivered within a maximum of 14 working days. The seller allows a maximum of 3 working days to send the order, the rest of the time depending on the speed of postal services. International shipments normally take between 4 and 6 business days. In the event of a shipping delay, the Seller will inform the Customer in order to propose a new delivery time. In the event of late delivery, the Customer has the option of resolving the contract. The Seller will then reimburse the product and the “outbound” costs within three days following return receipt of the order in question, on the condition that all the products are intact and still in their original sealed packaging. The Seller points out that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is up to the Customer to notify the carrier of any reservations about the delivered product.
- Concerning subscriptions and services:
Their provision by computer will become effective as soon as you have settled their terms of payment. payment.
Article 9: Availability and presentation
In the event of unavailability of an item for a period greater than 30 working days, the Customer will be immediately informed of the expected delivery times and the order for this Item can be canceled upon simple request. The Customer may then request cancellation of the order as well as a credit for the amount of the item or a full refund.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card, PayPal or bank transfer. Cards issued by banks domiciled outside Austria must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.
Article 11: Withdrawal and return period
- Concerning physical items purchased: In accordance with the legislation, the Customer has the right to withdraw without giving a reason, within fourteen (14) days from the date of receipt of his order . The right of withdrawal can be exercised by filing a complaint via the contact form on the Seller's website. We inform Customers that this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is in progress, and only concerns physical goods. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer (obligatory by registered post). Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form to be sent to us via the contact form on the Seller's website. Refund procedure: the refund procedure will be carried out within three working days following receipt of the returned product, provided that its condition complies with the rules of the legislation in force concerning the right of withdrawal. Each product is delivered in specific packaging, sealed with one or more conformity seals. No product returns will be accepted if a product conformity seal has been damaged and/or if the packaging has been opened. Because in one of these cases, due to the Seller's commitment to providing the Customer with products that are completely clean, both physically and energetically, the product can no longer be resold as is by the Seller.
- Concerning rented items, subscriptions and services: In the case of product rental or video subscription, no withdrawal period can come into force because this right does not concern the services.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: conformity and relating to hidden defects in the products. The Seller reimburses the Customer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by filing a complaint via the contact form on the Seller's website.
The Seller reminds that the Customer:
– has a period of 2 years from delivery of the goods to act with the Seller
– that he can choose between replacement and repair of the goods subject to the conditions provided for by the provisions above (apparently defective or not corresponding).
– that he is exempt from providing proof of the existence of the lack of conformity of the goods.
– that the consumer can also assert the guarantee against hidden defects in the item sold and, in this case, he can choose between canceling the sale or reducing the sale price.
Article 13: Complaints and mediation
If applicable, the Customer may submit any complaint by contacting the Seller via the contact form on the Seller's website. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution. In the event of a dispute, only the court of Innsbruck in Austria will have jurisdiction.
Article 14: termination of the contract
The order may be canceled by the Customer by registered letter with acknowledgment of receipt in the following cases:
— delivery of a product that does not conform to the characteristics of the order;
— delivery exceeding the deadline set when ordering or, in the absence of a date, within thirty days following payment;
— unjustified price increase or product modification. In these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The execution of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
Article 18: Protection of personal data.
In accordance with the legislation relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, the Seller sets up a processing of personal data which has the purpose of sale, rental and the delivery of products and services defined in this contract.
The Customer is informed of the following elements:
– the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions.
– the legal basis of the processing: contractual performance.
– no transfer outside the EU is planned.
– the duration of data retention: the commercial limitation period is 5 years.
– the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to the processing and the right to data portability.
– The data subject has the right to lodge a complaint with a supervisory authority.
– the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.
Article 19: Applicable law and clauses
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 20: Consumer information
For the purposes of consumer information, the provisions of the civil code and the consumer code are reproduced below:
- The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would have only paid a lower price for it, if he had known about them.
- Action resulting from fatal defects must be brought by the Customer within two years of discovery of the defect. This action must be brought, under penalty of foreclosure, within the year following the date on which the Seller can be released from apparent defects or lack of conformity.
- The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
- The property complies with the contract:
1) If it is suitable for the use usually expected of a very similar and, where applicable:
- if it corresponds to the description given by the Seller and possesses the qualities that the latter presented to the Customer in the form of a sample or model.
- if it presents the qualities that a Customer can legitimately expect in view of the public declarations made by the Seller, by the producer or by its representative, in particular in advertising or labeling. 2) Or if he has the characteristics defined by mutual agreement between the parties or is suitable for any use special requested by the Customer, brought to the attention of the Seller and which the latter has accepted.
- The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
- When the Customer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the Customer's request for intervention or the making available for repair of the item in question, if this making available is subsequent to the request for intervention.
T&Cs drawn up in Innsbruck on January 10, 2023,
by Hubert Arquilliere, manager of the company Nature Dynamique.