Terms of sale
Article 1 — General provisions
These General Terms and Conditions of Sale set out the rights and obligations of the parties to distance sales contracts (“the Order”) concluded between the Seller and consumers and/or buyers (“the Customer” or “the Customers”) for the items offered for sale (“the Products”) on the Site. These General Terms and Conditions of Sale apply without condition or reservation to all Orders.
These General Terms and Conditions of Sale are available at any time on the Site and shall, where applicable, prevail over any other version or any other conflicting document, as well as over any other conditions applicable to sales made through other distribution and sales channels.
The applicable General Terms and Conditions of Sale are those in force, as worded on the Site, on the day the Customer places the Order. By the mere fact of confirming their Order on the Site by clicking the “I have read and accept the general terms and conditions of sale” button, the Customer declares that they have read, understood and accepted, without reservation, the terms of said Order and all of these General Terms and Conditions of Sale. Vitamoon LTD reserves the right to modify the General Terms and Conditions of Sale at any time. They will then apply as soon as they are published on the Site.
The Customer acknowledges that they have the legal capacity required to contract with the Seller. The Seller does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. Consequently, the Customer affirms that they are acting as an end consumer and do not intend to resell the Products for commercial purposes.
The Seller reserves the right to refuse Orders for large quantities.
Article 2 — Accessibility of the Site
The Site's services are normally accessible to Customers 7 days a week, 24 hours a day, all year round, except in the event of voluntary or involuntary interruption, in particular for maintenance and/or security purposes, or in the event of force majeure. As the Seller is bound by an obligation of means, it cannot be held liable for any damage, of whatever nature, resulting from the Site being unavailable.
Vitamoon LTD does not guarantee that the Site will be free of anomalies, errors or bugs, nor that it will operate without failure or interruption. In this respect, it may freely and at its sole discretion determine any period during which the Site or its content is unavailable. Vitamoon LTD cannot be held liable for data transmission, connection or network availability problems.
Vitamoon LTD reserves the right to change the Site for technical or commercial reasons. Where these changes do not substantially and adversely alter the conditions under which the services are provided, the Customer may be informed of the changes, but their acceptance is not requested.
Article 3 — Registration on the Site
To place an Order, the Customer must first register on the Site by creating an account containing their personal information (the “Customer Account”).
Registration is confirmed after verification of the standard form completed by the Customer, including in particular: surname, first name, delivery address, email address and telephone number. For the proper management of the Order, the Customer must provide all the information marked as mandatory and ensure that it is accurate. The Customer is required to keep their personal information up to date.
The credentials allowing the Customer to identify themselves (username and password) are personal and confidential. The Customer is solely responsible for their use and confidentiality. Any disclosure on their part can in no way be held against the Seller.
Any Order placed using the Customer's credentials is deemed to have been placed by the Customer. The Seller cannot be held liable for damage caused by the Customer disclosing this data to a third party.
The Customer receives a registration confirmation email. In the event of an error in the details provided, Vitamoon LTD cannot be held liable for being unable to deliver the Products. By registering on the Site, the Customer declares and warrants that they are of legal age and have full legal capacity to contract.
Article 4 — Concluding the contract online
In accordance with article 1127-1 of the French Civil Code, the Customer must follow the steps below to conclude the contract electronically:
Information on the essential characteristics of the Product
Choice of Product and, where applicable, its options
Entry of the Customer's essential details (identification, email, address)
Acceptance of these General Terms and Conditions of Sale
Verification of the Order details and, where applicable, correction of errors before confirmation
Following the payment instructions, payment for the Products, then delivery of the Order
The Customer receives electronically a confirmation that payment for the Order has been accepted, as well as an acknowledgement of receipt serving as Order confirmation and including the invoice. The Customer agrees to receive an electronic invoice as an accounting document.
The language offered for concluding the contract is French.
Communications, Orders and invoices are archived on a reliable and durable medium, in accordance with article 1360 of the French Civil Code, and may be produced as proof of the contract.
The Seller reserves the right to refuse any abnormal Order, any Order placed in bad faith or for any other legitimate reason. The Products sold on the Site are not intended for resale or distribution. The Seller reserves the right to cancel Orders and/or suspend the Customer Account where it considers that the Products have been ordered in breach of this provision.
Article 5 — Products
The Products offered for sale are those shown on the Site on the day the Customer consults it.
Vitamoon LTD takes the greatest care in presenting and describing its Products. The main characteristics of the Products, in particular specifications, illustrations and indications of properties, are presented as accurately as possible. The photographs and graphics shown on the Site are not contractual and cannot engage the Seller's liability.
The Products have been declared as food supplements to the French Directorate-General for Competition, Consumer Affairs and Fraud Control (DGCCRF), in accordance with article 16 of decree no. 2006-352 of 20 March 2006 on food supplements. The Products on the Site are food supplements, not medicines, and in no way replace a healthy, balanced diet. The Products are not intended to prevent, avert or treat any disease.
The Customer is solely responsible for knowing their needs and state of health. It is their responsibility to check, before consuming the Products, that they are compatible with their state of health and, if necessary, to seek the advice of a health professional.
The Seller undertakes to fulfil the Order within the limits of available stock, updated automatically in real time. An updating error, whatever its origin, does not engage the liability of Vitamoon LTD. If a Product is unavailable, the Seller undertakes to inform the Customer as soon as possible.
If one or more Products ordered as part of a Subscription become permanently unavailable, the Customer may obtain a refund of the amounts debited within 14 days of receipt of their request, or choose to keep their Order pending restocking.
The Seller reserves the right to refuse any abnormal Order, any Order placed in bad faith, or in the event of a dispute concerning payment for a previous Order.
Article 6 — Ordering: Single Orders and Subscriptions
Once the Customer Account has been created, the Order may concern:
The purchase of one or more Products delivered once (“Single Order”)
Taking out a Subscription, consisting of the monthly shipment of the Products chosen by the Customer, until termination under the conditions set out herein
To place their Order, the Customer must follow these steps:
Go to the Site www.vitamoon.fr
Choose the Products and click “Add to Cart”
Check the Order details via “My Cart” and correct any errors
Confirm the Order, the selected Products, the delivery method and the price
Create or log in to their Customer Account if not already done
Follow the payment provider's instructions to complete payment
The Customer receives electronically and without delay:
A confirmation that payment has been accepted
An acknowledgement of receipt serving as Order confirmation, including the invoice
A shipping confirmation as soon as the parcel is sent
The sale is considered final once the Seller has sent the Order confirmation and the price has actually been received.
Article 7 — Subscriptions — updated
Taking out and duration of the Subscription
The Subscription is concluded for an indefinite period, with no minimum commitment. It is tacitly renewed each calendar month until terminated by either party under the conditions set out in these General Terms and Conditions of Sale.
By taking out the Subscription, the Customer agrees that a monthly payment corresponding to the amount of the chosen Products will be taken automatically by any payment method offered on the Site.
Changing the Subscription
As part of a Subscription, the Customer may change the choice of Products covered by the Subscription, their address or the delivery method, or suspend their Subscription, by sending an email to the Seller at the following address: contact@vitamoon.fr, before the automatic payment is taken.
Terminating the Subscription
The Subscription may be terminated as follows:
Termination without fault: The Customer may end their Subscription at any time from their Customer Account area or by sending their termination request by email to: contact@vitamoon.fr. Customer service is open Monday to Friday from 9 am to 5 pm. If termination occurs after the automatic payment for the month has been taken, the Order is deemed concluded for the month concerned; the Customer may not demand the cancellation of that order on the grounds of their termination request. The unsubscription takes effect for the following month. Without action on the Customer's part, the Subscription is automatically extended under the same conditions as for the last Order.
Termination for breach: If either party fails to meet its obligations, the Subscription may be terminated at the discretion of the injured party, automatically and without prior formal notice. Termination may also occur at the Seller's initiative under the conditions set out in the Customer Account Deactivation article of these General Terms and Conditions of Sale.
In all cases, it is expressly agreed between the parties that the debtor of a payment obligation shall be validly given formal notice by the mere fact that the obligation has fallen due.
Article 10 — Payment terms — updated
Payment for the Order is made by any payment method offered on the Site, in particular:
Bank card (Visa, Mastercard, Carte Bleue)
American Express (AMEX)
PayPal
Apple Pay
Google Pay
This list may change. The available payment methods are shown at checkout.
The Seller does everything possible to protect the Customer's banking data. The payment service is secured so as to protect data relating to payment methods. In accordance with the regulations in force, the Customer's bank details are not stored by the Seller.
The Seller cannot be held liable for fraudulent use of the payment methods used. Payments made by the Customer will only be considered final once the Seller has actually received the sums due.
Article 13 — Right of withdrawal — updated
Legal right of withdrawal
The Customer has a right of withdrawal which they may exercise within 14 calendar days of the date of receipt of the Order, without having to give reasons or pay any penalty. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Notification of the exercise of the right of withdrawal must be made by post or by email to: contact@vitamoon.fr.
For reasons of hygiene and health protection, the Products must be returned in their original condition, unopened, sealed and unused, no later than 14 days after notification of the wish to exercise this right.
For everything relating to return costs and refund terms, the Customer is invited to consult our Refund policy, available on the Site, which alone is authoritative.
Additional commercial guarantee — 30-day money-back guarantee
Independently of the legal right of withdrawal, Vitamoon offers a voluntary 30-day money-back commercial guarantee, the full conditions of which are set out in the Refund policy available on the Site.
This commercial guarantee is more favourable than the legal right and replaces it under the conditions it provides for. In the event of any contradiction between these Terms and the Refund policy on this subject, the Refund policy prevails.
Article 21 — Applicable law and jurisdiction
All clauses in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
In the event of a dispute concerning the formation, interpretation or performance hereof, the parties undertake to seek an amicable solution before taking any legal action. Failing an amicable agreement, the Paris Court shall have sole jurisdiction to hear the dispute.
The invalidity of a contractual clause does not entail the invalidity of these General Terms and Conditions of Sale.
Article 24 — Anti-waste law
Article 62 of the French anti-waste law for a circular economy (AGEC law) adopted on 10 February 2020 provides for a unique identifier for all companies subject to the principles of Extended Producer Responsibility (EPR).
Article 25 — Dispute mediation
In accordance with articles L.611-1 et seq. of the French Consumer Code, the Customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute relating to their Order.
To this end, the Customer may:
Contact our customer service first: contact@vitamoon.fr
Use the European online dispute resolution platform provided by the European Commission
Refer the matter to any competent consumer mediator listed on the DGCCRF website: https://www.economie.gouv.fr/mediation-conso
Recourse to mediation is without prejudice to the parties' right to bring the matter before the Paris Court if the amicable procedure fails.
This English version is provided for information. In the event of any discrepancy, the French version prevails.