GENERAL TERMS AND CONDITIONS

1. Application and enforceability of the general terms and conditions of sale

 

1.1. These general terms and conditions of sale are brought to the attention of each customer to enable them to place an order.

1.2. Consequently, placing an order implies the customer's full and unreserved acceptance of these general terms and conditions of sale.

1.3. No special conditions or other general conditions imposed by the customer may take precedence over these terms and conditions without the express agreement of NEOLIVE.

1.4. Any contrary condition imposed by the customer shall therefore, in the absence of express acceptance, be unenforceable against NEOLIVE, regardless of when it may have been brought to its attention.

1.5. The fact that NEOLIVE does not invoke any of these general terms and conditions of sale at a given time shall not be interpreted as a waiver of its right to invoke any of said terms and conditions at a later date.

 

2. Order acceptance, confirmation and conclusion of contract

 

2.1. As explained below, the conclusion of a contract shall only become final upon confirmation of the order.

2.2. NEOLIVE reserves the right not to register a payment and therefore to reject any order due to a problem with the order received, or a foreseeable problem with the delivery to be made, incomplete customer information, or for any other legal reason. We undertake to inform you within two (2) working days of your order if we encounter a problem in fulfilling your order.

2.3. Once payment has been validated, in accordance with Article 3 of these Terms and Conditions, the order is deemed to have been accepted by NEOLIVE. NEOLIVE will then confirm acceptance of the order to the user by one of the following means: email, telephone, fax or post. This confirmation, or where applicable, refusal to accept an order, will be confirmed to the user no later than two working days after receipt of the order.

2.4. In accordance with the law, consumers in the European Union have a period of 14 days from receipt of the item to exercise their right of withdrawal. This right applies to all products we sell.

2.5. Any modification or cancellation of an order by the customer may be taken into account on the Website for Products, transport and delivery. In this case, the order cancellation must be made by email sent to NEOLIVE within 14 days to the address moulin(at)alziari.com.fr.

Si l’annulation doit intervenir avant le départ du colis, nous demandons au client de bien vouloir nous contacter par téléphone au 0493857692 afin d’éviter que le colis soit envoyé. 

 

3. Order placement General obligations of the parties:

3.1 Obligations of NEOLIVE: NEOLIVE undertakes, in the event of acceptance of an order, to sell and deliver to the user the products (the ‘Products’) ordered by the latter. NEOLIVE has entered into a contract with this carrier under which the latter undertakes to deliver the Products to the address specified by the customer (the ‘Customer’).

3.2 User obligations: The Customer undertakes to provide NEOLIVE with an address to which delivery can be made during business hours. The Customer undertakes to pay the price stipulated for the services provided by NEOLIVE (price of the Products, handling, packaging and transport costs), as well as to pay or arrange for payment, where applicable, directly to the freight forwarder or carrier, of any customs duties, VAT or other taxes due on the importation of the products into the country of delivery. Any order placed by a Customer is for their personal use or for the personal use of the person in whose name the delivery is to be made. In the latter case, the Customer guarantees the personal acceptance of these General Terms and Conditions by the recipient of the delivery (who for this purpose will be considered as the ‘Customer’).

 

4. Price

4.1. The total price indicated in the order confirmation by NEOLIVE (the ‘Price’) is the final price. This price includes the price of the Products, handling, packaging and transport costs (subject to a minimum order amount indicated at the time of ordering), excluding any import taxes that may be due.

4.2 The price indicated on the order form is in euros, including VAT, from Nice. French VAT of 20% or 5.5% applies to orders from individuals to mainland France and overseas territories, Corsica, European Union countries and all other countries worldwide. Retail prices are updated annually. French VAT also applies to companies in mainland France, overseas territories and Corsica, and to any EU company that has not provided proof of an intra-community VAT number.

4.3 Delivery charges depend on the destination, weight and volume of the parcel and are calculated directly by the website. They include a contribution towards the cost of preparing the parcel and the actual transport costs. For more information about these charges, please contact us.

4.4 Import tax: There is no import tax in European Union countries unless legislation changes. For other countries, any taxes and customs duties payable are the responsibility of the recipient and are payable on delivery.

 

5. Payment upon order

5.1. Payment is made online by credit card: Carte Bleue, Visa, Eurocard, Mastercard, Paypal. That is why there are no discount conditions or late payment penalties.

5.2. The currency used for the transaction is the Euro, the amounts expressed in other currencies being provided for information purposes only. The amount, debited from the account of the bank card used, will depend on the price of the Euro on the day of the debit and any exchange fees charged by the issuing bank of the card.

5.3. To be registered, the order must be paid in full. Non-paid orders cannot be delivered. The debit on the Client’s bank card will be made in Euros upon acceptance of the order by NEOLIVE.

5.4. The customer must indicate their card number, as well as the validity date in the area provided for this purpose. The security protocol used (SSL) guarantees complete confidentiality of personal information transmitted over the Internet.

5.5. The invoice corresponding to the order placed on the site will be sent to the customer upon delivery of their order.

 

6. Delivery of products

6.1. Preparation and transport of products

6.1.1. The packages are prepared and packaged by the company NEOLIVE in a closed packaging, resistant, suitable for the content and requirements of transport.

6.1.2. The Customer undertakes to fill out the order form accurately and IS RESPONSIBLE FOR DETAILS RELATING TO THE NAME AND ADDRESS OF THE RECIPIENT, WHICH MUST BE PRECISE, ACCURATE AND COMPLETE (DOOR CODE, FLOOR, TELEPHONE, etc.) to allow delivery under normal conditions. In the event of an error in the recipient’s contact details or if it is impossible to deliver to the indicated address, NEOLIVE cannot be held responsible for this impossibility nor for a return of delivery. IF THE RETURN OF DELIVERY OR THE IMPOSSIBILITY TO DELIVER IS DUE TO A LACK OF INFORMATION OR AN ADDRESS ERROR, the costs related to the re-routing of the package to another recipient or to a new delivery address will be entirely at the expense of the customer.

6.1.3. ATTENTION: Orders indicating an address in the post office box cannot be taken into account.

6.1.4. The company NEOLIVE, after confirmation of the order, undertakes to process and deliver the order to the agreed destination, according to the route, the procedure and the carrier it will choose. It is up to the recipient to check the package in the presence of the delivery person. Any anomaly during delivery must be reported on the delivery note.

6.1.5. IN CASE OF ABSENCE OF THE RECIPIENT OR A PERSON WHO CAN TAKE POSSESSION OF THE PRODUCTS UPON DELIVERY, THE CARRIER SHALL SEND A NOTICE OF PASSAGE to the delivery address indicated by the Customer, inviting him to collect the Products.

6.1.6. The logistics center for order preparation is located at the following address: NEOLIVE – 553 chemin de la roseyre 06390 Contes - FRANCE This logistics center handles orders destined for: * Metropolitan France and Overseas * countries of the European Union * Asia * America. You must select a delivery country when registering on the site’s store to have access to the products and rates in effect in your country.

6.2. Les délais de livraison dépendent du pays destinataire et sont disponibles sur ce lien pour Laposte :https://www.laposte.fr/particulier/outils/calculateur-de-delais

 

7. Transfer of ownership

The transfer of ownership of the products to the client takes effect only after full payment of the price by the latter.

 

8. Claims - Disputes - returns

8.1. Complaints or disputes will always be received with attentive kindness, good faith being always presumed.

8.2. Upon receipt of the products, the customer must ensure that the delivery complies with their order. Any damage must be the subject of precise reservations, in writing, dated and signed, on the delivery note of the Carrier. The customer has 3 days following receipt of their package to proceed with the claim.

8.3. Toute réclamation concernant des produits endommagés pendant le transport, devra être motivée et complétée par un maximum de justificatifs. Les transporteurs exigent une photo du colis endommagé avec le borderau de transport visible ainsi qu'une liste des produits endommagés et une photo des dégats. NEOLIVE réalise la réclamation pour le client, les éléments devront être envoyés par e-mail à : moulin(arobase)alziari.com.fr ou par courrier à NEOLIVE 318 bd de la madeleine 06000 Nice.

8.4 The company NEOLIVE, will refund him the Price paid or make a new delivery of similar products while recovering the damaged products. If the delivery does not comply quantitatively with the Order, NEOLIVE will only refund the difference in price between the Products ordered and those delivered.

 

8.5 Returns

8.5.1 Return following a right of withdrawal

In accordance with the customer’s right of withdrawal within 14 days from the date of receipt of the products, the company NEOLIVE will allow the customer to obtain a replacement for a defective product or simply a refund thereof after its return. If the customer decides to exercise their right of withdrawal, it should be noted that NEOLIVE will not cover the costs of returning the package, which are borne by the customer. The customer has 14 days to return these products from the date of their claim. Below is a withdrawal form that you can use.

8.5.2 Automatic return of a package and reshipment of the package

Si un colis revient en retour sans avoir pu être livré suite aux motifs "non réclamé" ou "adresse erronée" etc... (ou tout motif imputé à une erreur directe du client), le client devra s'acquitter des frais de port de réexpédition basés sur le poids, le volume et la destination facturés par le transporteur . Pour exemple, voici la grille tarifaire de laposte: https://www.laposte.fr/courriers-colis/conseils-pratiques/calculer-le-tarif-et-les-delais-d-envoi-d-un-objet-par-la-poste

 

8.5.3 Automatic return of a package and order cancellation

In the case where the customer wishes to cancel their order when the package has already been returned for reasons attributed to them "unclaimed", "incorrect address" etc... (or any reason attributed to a direct error by the customer). The company NEOLIVE will reimburse the customer for the amount of the order while deducting the actual shipping costs and the actual return fees charged by the carrier.

Pour exemple, voici la grille tarifaire de laposte: https://www.laposte.fr/courriers-colis/conseils-pratiques/calculer-le-tarif-et-les-delais-d-envoi-d-un-objet-par-la-poste

8.5.4 Automatic return of a package attributed to the carrier

If the carrier was unable to deliver the package, NEOLIVE undertakes to reship it upon its return.

8.6 Conformity of food products returned following a withdrawal procedure. The products may be returned if the consumer has not consumed them entirely. In this case, the products will not be refunded.

 

9. Right of access and rectification

9.1 Ethics NEOLIVE, concerned about the protection of your privacy, treats all information concerning you with the strictest confidentiality. During your purchases, we only ask you for the essential information (last name, first name, complete address, email) for quality processing and careful monitoring of your order. This data entered online is stored on a secure server and is immediately encrypted.

9.2 Vos droits Conformément à la loi Informatique et Libertés du 6 janvier 1978, vous disposez d’un droit d’accès et de rectification des données vous concernant. Par notre intermédiaire, vous pouvez être amenés à recevoir des propositions d’autres entreprises ou organismes, ou être informés également de nos offres par mail, par téléphone ou par courrier. Si vous ne le souhaitez pas, il suffit de nous contacter (en nous indiquant vos nom, prénom, adresse et mail) : Par mail : moulin(arobase)alziari.com.fr Par courrier : NEOLIVE – 318 bd de la madeleine - 06000 NICE - FRANCE Par téléphone : +33 (0)4 93 85 76 92

10.3. We declare all of our files to the National Commission for Data Protection and Freedoms.

 

10. Products

The company Neolive distributes through its website different types of products:

• food products
• non-food products

 

11. Liability - Limitation of Liability

11.1 The Customer is solely responsible for the choice of the Products, their conservation from delivery and their use. In this respect, the Customer’s attention is drawn to the fact that he must not consume the product if it appears that the Products are deteriorated (due to heat, problems during transport or any other cause)

11.2 Similarly, the company NEOLIVE could not be held responsible for non-compliance with laws or regulations in force in the country of delivery, the company NEOLIVE being solely responsible for compliance with French regulations relating to the Products. In any event, whatever the possible reason for the liability of the company NEOLIVE, its liability is limited to the lower of the following two amounts: (1st) Amount of direct damage suffered by the Client, or (2nd) Price of the order.

 

12. Guarantees - Limitation of Guarantees

All food products must be stored in a tempered place and consumed within the time indicated on the packaging.

That being said, NEOLIVE recalls that the Client benefits from the following legal guarantees:

12.1 The legal guarantee of conformity that allows the Client:

• to benefit from a period of two years from the delivery of the Product concerned to act vis-à-vis the seller;
• to choose between the repair or replacement of the goods and, for the Consumer or non-professional Client, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the issue of the Product concerned.

12.2 The legal guarantee of hidden defects, under which the Customer may request, within a period of two years from the discovery of the defect, either the termination of the sale or a reduction in the selling price in accordance with articles 1641 and following of the Civil Code.

These guarantees are independent of any additional commercial guarantee possibly granted.

• Responsibility of NEOLIVE

NEOLIVE’s liability can only be incurred in the event of proven fault or negligence and is limited to direct damages excluding any indirect damage.

In any event, NEOLIVE’s liability is limited to the total amount paid by the Customer for the Order excluding taxes.

• Exclusion of liability from NEOLIVE:

NEOLIVE’s liability is excluded in the event of damage, direct or indirect, affecting property or persons, suffered by the Client or a third party, and resulting from the following cases:

• Negligence or fault committed by the Client or by a third party
• Any use under conditions manifestly not compliant for the use of the Products.

  

13. Invalidity - Force majeure - Applicable law - Competent courts

13.1 If any of these General Terms and Conditions should be declared unenforceable or are invalidated for any reason, such invalidity or inapplicability shall not affect the application or validity of the other provisions of the General Terms and Conditions, the one invalidated or deemed inapplicable being then replaced by the nearest possible provision.

13.2 Neither NEOLIVE nor the Client may be held liable for any non-performance originating from a case of force majeure, beyond its control, including but not limited to cases of war, riot, insurrection, transport interruption, of import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.

13.3 These General Terms and Conditions are governed exclusively by French law.

13.4 The client may bring his/her case before the courts of his/her choice

  

14 - Mediation

In accordance with articles of the consumer code L611-1 et seq and R612-1 and following, it is provided that for any contractual dispute concerning the execution of the sales contract and/or the provision of services that could not be resolved as part of a complaint previously submitted to our customer service, the Consumer may resort to mediation free of charge. He will contact the National Association of Mediators (ANM) either by mail by writing to 62 rue Tiquetonne 75002 PARIS or by email by filling out the online referral form at the following addresswww.anm-conso.com.

The consumer can also go to the site of theplateforme européenne des Règlements des litiges en ligne.

the following websitewww.economie.gouv.fr/mediation-consoalso contains all useful information in case of cross-border dispute.

Electronic link to the online dispute resolution (ODR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

 

 

 identifiant Citeo : 2124: FR209331_01FTQI

 

 

 

WITHDRAWAL FORM

 

This Form, duly completed, is to be returned to the following address (by registered mail in order to preserve proof of sending):

Neolive - 318 Boulevard de la Madeleine - 06000 - NICE

The form is to be submitted at the latest within 14 clear days from the delivery date (1)

1- Delivery concerned

Name
FIRSTNAME
ORDER NUMBER
date of the order
DATE OF RECEIPT
payment method

 

 

Customer’s address (billing)	delivery address

2- Subject of the right of withdrawal

I hereby notify you of my withdrawal from the contract concerning the sale of the product(s) below (2) to return to us at the following address:

Neolive- 14 rue St François de Paule 06300 NICE

 

Reference	article	Quantity

If this period expires on a Saturday, a Sunday or a public holiday or non-working day, the period is extended until the first working day

Next.

 

 

 

Date :

Client’s signature: