Terms of sales
Welcome to the website www.santerra.fr (subsequently referred to as the “Site”), published by the company SANTERRA (subsequently referred to as “SANTERRA” or the “Vendor”).
By making purchases on the Site, the consumer (subsequent referred to as the “Customer”) acknowledges having read these general conditions of sale (subsequent referred to as the “GTC”) and accepts their terms and conditions without reservation.
The Client also accepts the Confidentiality Charter as well as all applicable legal and regulatory provisions.
SANTERRA reserves the right to modify the GCS at any time and therefore invites Customers to regularly read these conditions. The GCS applicable at the time of an order remain unchanged for said order despite any subsequent modification.
These GCS establish the contractual conditions exclusively applicable to any purchase of products made on the Site by a buyer having the quality of consumer, said Customer.
The purpose of the Site is to offer its Customers a variety of natural products, all unregulated, health and well-being (hereinafter the “Products”) for remote purchase.
2.1 Product Features
The Customer may, prior to his order, take note of the characteristics of the Products he wishes to order. This information is given for information only and cannot have legal values.
The Seller updates the illustrations and characteristics of the Products for sale on the Site as regularly as possible.
The products, on delivery, may have different illustrations from those available on the Site when ordering, in particular due to changes in packaging by suppliers and the need to sell their product stocks.
2.2 Stock availability
The Products are offered and delivered within the limits of available stocks.
In case of out of stock of a product ordered, the amount of the missing product ordered by the Customer will be reimbursed to the Customer if the latter wishes or put a credit on his customer account. SANTERRA refunds the Product within thirty (30) days.
No other compensation is charged to SANTERRA unless the unavailable product has impacted the amount of transport costs when ordering. A transport allowance may in this case be applied and reimbursed to the Customer, this allowance may not exceed the total amount of the transport costs applied at the time of the order.
The selling price of the Products is that in force at the time (day, hour, minute) when the order was placed and cannot be the subject of a subsequent complaint if the price were to drop.
The sale price of the Products does not include delivery costs.
Prices include value added tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Products.
If customs duties are applied to the products, they will be the sole responsibility of the Customer and must pay them directly to the requesting administration.
Any order implies unreserved acceptance of the T&Cs and the Confidentiality Charter.
By validating his order, the Customer has knowingly accepted the content and conditions of the order and more particularly the fact that the order implies a payment obligation. The Seller will then collect the full price corresponding to the order.
Once the order has been validated, it can no longer be canceled by the Customer.
The Seller reserves the right to cancel any order from a Customer for whom there is a dispute concerning the payment of a previous order.
The information given by the Customer, when taking an order and/or creating a Customer account, commits the latter: in the event of an error in the wording of the contact details of the Customer or the recipient of the order, the Seller cannot be held responsible for any delay or inability to deliver the Product(s) ordered. The customer will be responsible for the costs related to any wording errors (postal costs in particular).
In order to protect itself against any fraudulent practice, the customer service may be required to ask the Customer for all the supporting documents necessary for the validation of an order which seems suspicious to it (photocopy of identity card, proof of residence, etc.).
5.1 Means of payment
The Customer undertakes to be the holder of the means of payment used to place an order or guarantees to hold the authorization of the holder of the means of payment used.
The Seller offers its Customers the following means of payment:
Bank cards: Carte Bleue, Visa, MasterCard
Bank checks: only issued by a banking or financial institution located in France
Credits: issued by the Seller exclusively for use on the Site and by the beneficiary Customer only. The Credit has a duration of one year from the date of issue thereof.
5.2 Methods of payment
For payment by credit card, a bank data backup system is available to facilitate the purchasing process for future orders. To do this, the Customer must tick the optional box “Remember my card for my future purchases” present on the page relating to the payment information of the Site. The Customer’s bank details are stored on the PAYPAL company server in encrypted form only. We only keep a secure imprint different from your card number which then allows you to carry out your next transactions.
Saving the Customer’s banking information is not mandatory to order on the Site. In addition, the customer can delete, at any time, the details of his registered card by going to the “My cards” page of his customer account.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification and opposition to all of his personal data by writing, and justifying his identity, to email@example.com.
For payment by bank check, the Customer must complete the amount, make the bank check payable to SANTERRA, sign it, indicate the order number on the back and send it by post to the following address: SANTERRA , 38 rue de Berri, 75008, PARIS.
For payment by check over €100, the order processing time increases from 48 hours to fifteen days. The accounting department reserves the right to cash the check on the Seller’s bank account domiciled at Crédit Agricole d’Ille et Vilaine and to await its return within fifteen days, indicating that it is not not an NSF, lost or stolen cheque. For faster processing, the customer can send the following documents to customer service, which they will communicate to the accounting department: Copy of national identity card corresponding to the name entered on the check and a copy of proof of residence whose address is identical to that of delivery and/or invoicing of the order.
All prices are displayed in euros, orders must be paid for in the same currency and include all taxes and contributions. The Customer will bear any additional costs in respect of customs duties as well as any additional costs invoiced by his bank or financial institution within the framework of the order.
Once the payment has been validated, the order will be executed by the Seller. In the event of total or partial non-payment or fraud or attempted fraud, the Seller will, as of right, cancel the disputed order.
The Seller guarantees the implementation of security measures such as to allow the security of payments on its Site.
To do this, the Seller offers its Customers the PAYPAL payment interface and a verification system for payments made by credit card called “3D Secure”.
The Seller reserves the right to ask the Customer for any additional supporting documents to execute the order. This additional data will be processed in compliance with the Confidentiality Charter and will remain accessible to the Customer who may also request its rectification and deletion in accordance with the provisions of the amended Data Protection Act of January 6, 1978.
In general, the delivery by air (outside mainland France in particular) of aerosol Products and products with glass packaging cannot be ensured in connection with the security measures imposed by the carriers.
6.1 Delivery methods
SANTERRA offers its Customers Colissimo delivery methods, by post. For large loads, SANTERRA reserves the right to use another carrier.
6.2 Claims with the carrier
SANTERRA advises the Customer to check at the time of receipt, with the carrier, or at a collection point, that his order has not been damaged.
If the package is likely to have been opened, or if it shows obvious signs of deterioration, the Customer has a period of 10 days from delivery to make any reservations and complaints to the carrier.
The Customer may also submit a complaint to SANTERRA under the conditions indicated in article 14 “Complaint” of these General Conditions of Sale.
6.3 Delivery times
The Products are sent to the carrier within 48 working hours of placing the order. For metropolitan France, the carrier delivers the order on average within 48 hours of receiving the package.
In the event of a delay in delivery attributable to the carrier, SANTERRA cannot be held responsible and will not be liable for any compensation, whatever the form.
In the event that the parcel is returned to the Seller because of the Customer (parcel not withdrawn, error in the information of the delivery address, etc.), the latter will again have to pay the delivery costs according to the method chosen in order to to have their order reshipped.
In particular, are considered as cases of force majeure releasing the Seller from its obligation to deliver, in addition to those usually retained by the case law of the French Courts and Tribunals, war, riots, accidents and the impossibility of being supplied.
For reasons of availability, SANTERRA may exceptionally decide to deliver an order in installments to the Customer, without having to bear additional delivery costs.
7. Right of withdrawal
The Customer has the right to withdraw following the placing of an order, without having to justify his decision, within fourteen (14) days.
The withdrawal period expires fourteen (14) days after the day of receipt by the Customer, or a third party, other than the carrier, designated by the Customer, of the Product(s) ordered.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of Products which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
To exercise his right of withdrawal, the Customer must notify SANTERRA, by sending a registered letter established at 38 rue de Berri, 75008, PARIS or by email to the address firstname.lastname@example.org of his decision to withdraw for the order in question by means of an unambiguous statement with the subject “Right of withdrawal” (eg letter sent by post, fax or e-mail).
After agreement via email from SANTERRA, the Customer may return his products, at his own expense, in packaging that will allow them to retain their original presentation. The products must imperatively be returned or returned by the Customer, new (s), unused (s) and in its (their) original packaging intact (not unsealed), accompanied by all possible accessories, notices of employment and other documentation.
Upon receipt of the package by SANTERRA, if the Product(s) turn out to be opened and/or used by the Customer, the customer service will not be able to refund this ( s) Product(s). After this 14-day period or failing to comply with all of the aforementioned conditions, the Customer no longer has the possibility of retracting and the order can no longer be the subject of any retraction.
In the event of withdrawal, SANTERRA will reimburse the Customer for the amount of the order, excluding delivery costs, no later than 14 days from the day on which the Customer informed SANTERRA of its decision to withdraw. SANTERRA will proceed with the refund using the same means of payment as that used by the Customer for the initial transaction without incurring any costs for the Customer. SANTERRA may defer reimbursement until receipt of the Product(s) subject to withdrawal, in accordance with the provisions of Article L221-24 of the Consumer Code.
The Customer’s liability will only be sought with regard to the depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s).
8.1 Legal guarantee of conformity
All products sold by SANTERRA benefit from the legal guarantee of conformity in accordance with articles L.217-4 and following of the Consumer Code.
8.2 Warranty against hidden defects
All products sold by SANTERRA benefit from the legal guarantee of conformity in accordance with articles L.217-4 and following of the Consumer Code within the meaning of articles 1641 and following of the Civil Code.
As part of the guarantee against hidden defects, the Seller offers, at the Customer’s option, after confirmation of the existence of the defect:
Either the refund of the full price once the Product has been returned,
Either the partial refund of the price if the Customer keeps the defective Product.
8.3 To benefit from these guarantees, the Product must have been used in accordance with its instructions for use.
No guarantee can be claimed by the Customer if the Product has undergone the slightest modification or if the Product has been damaged during delivery or use. Apparent defects also cannot give rise to a warranty.
8.4 Procedure for returning a product under its warranty.
If a customer wishes to benefit from the guarantee of a product, he is invited to contact the customer service so that it can tell him the address where to return the product in order to test it. Shipping costs will be advanced by the customer.
Upon receipt and after testing the product, if the product falls within the scope of the warranty, the customer service will reimburse the return costs advanced by the customer and will come back to the latter to define the terms of implementation of the warranty as described in 8.
9. Transfer of ownership
The ownership of the Product is transferred to the Customer from the delivery of the order to the Customer or to any third party designated by the Customer, except in the case where full payment of the price has not been collected by SANTERRA when ordering. .
10. Intellectual Property
The Site is the property of SANTERRA in its entirety, as well as all the rights relating thereto. Any reproduction, in whole or in part, is systematically subject to the authorization of SANTERRA. However, links of the hypertext type to the site are authorized without specific requests. The “SANTERRA” brand and all the brands mentioned on the Site are and will remain the exclusive property of the Seller or the holder of the intellectual property rights concerned.
Any exploitation, total or partial, of an element of the Site, protected by an intellectual property right, by any process whatsoever without the express and prior authorization of SANTERRA or the holder concerned is prohibited, and would constitute an infringement punishable by the legislation in force.
11. Agreement of proof
SANTERRA may rely, as evidence, on any act, program, data, file, recording, operation and other element (such as monitoring reports or other statements) of nature or in computer or electronic format or medium, established, received or stored directly or indirectly, for example in any database.
The Customer, prior to his order, declares to have full legal capacity allowing him to commit under these GCS, without SANTERRA being held liable in this respect.
In the event that the Customer does not have legal capacity, the order will be deemed to be placed under the full responsibility of the Customer’s legal representative.
SANTERRA cannot be held liable in all cases where the non-performance of its obligations is due to a third party, the Customer or in the event of the occurrence of an event of force majeure. SANTERRA declines all liability in the presence of direct or indirect damage caused by the use of the Site.
In any case, if SANTERRA’s liability were to be retained for damage suffered by the Customer exclusively attributable to the placing of the order, this will be irrevocably limited to the amount of the order in question paid by the Customer.
13. Personal data
SANTERRA collects and processes the personal data of the Customer and, where applicable, of the recipient of the order. The Customer declares to have read and accept without reservation all the stipulations contained in the Privacy and Cookies Policy providing in particular for the uses likely to be made by the Seller of the personal data collected.
In application of the General Regulations on Data Protection n°2016/679 and the law n°78-17 of January 6, 1978 as amended (Data Protection Act), you have a right of access, rectification, deletion, opposition, limitation of processing and portability of data concerning you. You can exercise your rights by sending a request by e-mail to: email@example.com. You have the right to lodge a complaint with a supervisory authority, in particular with the Commission Nationale de l’Informatique et des Libertés (CNIL), if you consider that the processing of personal data concerning you constitutes a violation of the General Regulations on Data Protection and the Data Protection Act.
Any complaint must be addressed to SANTERRA customer service, by email at firstname.lastname@example.org
In the event of an order error, SANTERRA will bear the costs related to this error.
The Customer undertakes to return the unopened and unused Product(s) in their original packaging. Compensation may be made upon receipt by SANTERRA of the Product(s) subject to the complaint.
SANTERRA reserves the right to require from the Customer any type of element capable of justifying the complaint (photos, report to the carrier, etc.). If these elements are not provided, no compensation can be made.
15. Applicable law
The T&Cs are subject to French law.
In the event of difficulties in the application of the GCS, the parties will favor an amicable solution before any legal action.