Terms and conditions
GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1. Application and opposability of the general terms and conditions of sale
1.1. The present general conditions of sale are brought to the attention of each customer to enable him to place an order.
1.2 Consequently, the fact of placing an order implies the customer's full and unreserved acceptance of these general terms and conditions of sale.
1.3. No particular condition, nor other general conditions emanating from the customer can, without express agreement of the company NEOLIVE, prevail on the present conditions.
1.4. Any contrary condition posed by the customer will be thus, in the absence of express acceptance, inopposable with the NEOLIVE company whatever the moment when it could have been brought to its knowledge.
1.5. The fact that the NEOLIVE company does not prevail itself at a given moment of any one of the present general conditions of sale, cannot be interpreted as being worth renunciation to prevail itself later on of any one of the aforementioned conditions.
2. Order taking, confirmation and conclusion of contract
2.1. As will be explained below, the conclusion of a contract will only become final upon confirmation of the order.
2.2. The company NEOLIVE reserves the right not to record a payment and thus to reject any order because of a problem concerning the order received, or a foreseeable problem concerning the delivery to be made, incomplete customer information, or for any other legal reason. We undertake to inform you within two (2) business days following your order if we encounter a problem in fulfilling your order.
2.3. After validation of the payment, in accordance with article 3 of the present General Conditions, the order is considered accepted by the company NEOLIVE. The NEOLIVE company will then confirm the acceptance of the order to the user, by one of the following means: electronic mail, telephone, fax or mail. This confirmation, or if necessary, the refusal of acceptance of an order will be confirmed to the user at the latest 2 working days after the reception of an order.
2.4. In accordance with the law, consumers in the European Union have a period of 14 days from receipt of the article to exercise their right of withdrawal. This right applies to all products we sell.
2.5. A modification or cancellation of an order on the part of the customer may be taken into account on the Site for the Products, transport and delivery. In this case, the cancellation of order must intervene by email addressed to the company NEOLIVE within 14 days at the address moulin(arobase)alziari.com.fr.
If the cancellation must intervene before the departure of the parcel, we ask the customer to contact us by telephone at 0493857692 to avoid that the parcel is sent.
3. Order taking General Obligations of the parties :
3.1 Obligations of the company NEOLIVE: The company NEOLIVE makes a commitment, in the event of acceptance of an order, to sell and to make deliver to the user the products (the "Products") ordered by this last one. The NEOLIVE company concluded a contract with this conveyor under the terms of which this last makes a commitment to deliver the Products to the address indicated by the customer (the "Customer").
3.2 Obligations of the user: The Customer undertakes to indicate to the company NEOLIVE an address to which the delivery can be carried out during the working hours. The Customer undertakes to pay the price stipulated for the service of the company NEOLIVE (price of the Products, handling, packaging and transport costs), as well as to pay or to make pay, if necessary, directly to the forwarding agent or carrier, the customs duties, the VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. Any order placed by a Customer is for his 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 shall be deemed to have personally accepted these General Terms and Conditions by the recipient of the delivery (who shall be deemed to be the "Customer" for this purpose).
4.1. The total price indicated in the confirmation of order by the company NEOLIVE (the "Price") is the final price. This price includes the price of the Products, the handling, packaging and transport costs (subject to a minimum order amount indicated at the time of the order), excluding possible taxes due to importation.
4.2 The Price indicated on the order form is in Euros, including all taxes, from Nice. The French VAT of 20% or 5.5% applies to orders from private individuals to Metropolitan and Overseas France, Corsica, the countries of the European Union and all other countries in the rest of the world. Consumer sales prices are updated every year. The French VAT also applies to companies in Metropolitan France, Overseas and Corsica and to any company in the EU that does not have an intra-community VAT number.
4.3 Delivery rates depend on the place of destination, weight and volume of the package and are calculated directly by the site. They include a contribution to the cost of preparation of the package and the actual transport costs. For more information on these rates, you can contact us.
4.4 Import tax: There is no import tax in the countries of the European Union unless legislation changes. For other countries, any taxes and customs duties to be paid are the responsibility of the recipient, and are payable upon delivery.
5. Payment at the time of order
5.1. Payment is made online in cash by credit card: Carte Bleue, Visa, Eurocard, Mastercard, Paypal. For this reason, 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 are provided for information purposes only. The amount debited from the account of the credit card used will depend on the exchange rate of the Euro on the day of the debit and any exchange charges levied by the bank issuing the card.
5.3. To be registered, the order must be paid in full. Orders that have not been paid for cannot be delivered. The debit on the bank card of the Customer will be carried out in Euro at the time of the acceptance of the order by the company NEOLIVE.
5.4. The Customer must indicate the number of his card, as well as the date of validity in the zone envisaged for this purpose. The protocol of security used (SSL) guarantees a total confidentiality of the personal information transmitted on Internet.
5.5. The invoice corresponding to the order placed on the site will be sent to the customer upon delivery of his order.
6. Delivery of the products
6.1. Preparation and routing of products
6.1.1. Packages are prepared and packaged by the company NEOLIVE in a closed, resistant packaging, appropriate to the contents and transport requirements.
6.1.2. The Customer undertakes to fill in the order form accurately and IS RESPONSIBLE FOR THE MENTIONS RELATING TO THE NAME AND ADDRESS OF THE DESTINANT, WHICH MUST BE ACCURATE, ACCURATE AND COMPLETE (DOOR CODE, FLOOR, PHONE, ...) to allow delivery under normal conditions. In case of error in the wording of the recipient's contact information or in case of impossibility to deliver to the address indicated, NEOLIVE cannot be held responsible for this impossibility or for a return delivery. IF THE RETURN OF DELIVERY OR THE IMPOSSIBILITY OF DELIVERY IS DUE TO A LACK OF INFORMATION OR AN ERROR OF ADDRESS, the expenses related to the re-routing of the parcel to another recipient or to a new delivery address will be entirely at the charge of the customer.
6.1.3. CAUTION: Orders indicating a P.O. Box address will not be taken into account.
6.1.4. 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 chooses. It is up to the recipient to check the parcel in the presence of the deliveryman. Any anomaly during delivery must be indicated on the delivery slip.
6.1.5. IN CASE OF ABSENCE OF THE DESTINANT OR A PERSON WHO MAY TAKE POSSESSION OF THE PRODUCTS WHEN DELIVERED, THE CARRIER SHALL DEPOSIT A PASSENGER NOTICE at the delivery address indicated by the Customer, inviting him to collect the Products.
6.1.6. The order preparation logistics center is located at the following address: NEOLIVE - 553 chemin de la roseyre 06390 Contes - FRANCE This logistics center manages the orders to destination: * Metropolitan France and Overseas * European Union countries * Asia * America. You must select a country of delivery when you register on the site's store to have access to the products and prices in force in your country.
6.2. Delivery times depend on the country of destination and are available on this link for Laposte: https://www.laposte.fr/particulier/outils/calculateur-de-delais.
7. Transfer of ownership
The transfer of ownership of the products to the customer only takes effect after full payment of the price by the latter.
8. Complaints - Disputes - Returns
8.1. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed.
8.2. Upon receipt of the products, the customer must ensure that the delivery conforms to his 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 the reception of his package to proceed with the claim.
8.3. Any claim concerning products damaged during transport, must be justified and completed by a maximum of supporting documents. The carriers require a photo of the damaged package with the transport slip visible as well as a list of damaged products and a photo of the damage. NEOLIVE carries out the complaint for the customer, the elements will have to be sent by e-mail to: moulin(arobase)alziari.com.fr or by mail to NEOLIVE 318 bd de la madeleine 06000 Nice.
8.4 The company NEOLIVE, will refund him the paid Price or will carry out a new delivery of similar Products while recovering the damaged products. If the delivery is not quantitatively in conformity with the Order, the company NEOLIVE will refund only the difference in price between the Products ordered and those delivered.
8.5.1 Return following a right of withdrawal
In accordance with the right of retraction of the customer of 14 days as from the date of reception of the products, the company NEOLIVE, will allow the customer to obtain the replacement of a defective product or simply the refunding of this one after its return. If the customer decides to exercise his right of retraction, it is to be specified that the NEOLIVE company will not take in charge the expenses of return of the parcel, which are chargeable to the customer. The customer has 14 days to return these products from the date of his complaint. You will find below a form of retraction that you can use.
8.5.2 Automatic return and reshipment of a package
If a package returns without having been delivered due to "unclaimed" or "wrong address" etc.... (or any reason imputed to a direct error of the customer), the customer will have to pay the shipping charges based on weight, volume and destination charged by the carrier. For example, here is the price list of 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 his order when the package has already returned for reasons attributed to him "unclaimed", "wrong address" etc. .... (or any reason imputed to a direct error of the customer). NEOLIVE will reimburse the customer for the amount of the order while deducting the actual shipping costs and the actual return costs charged by the carrier.
For example, here is the price list of the post office: 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 charged to the carrier
If the carrier could not deliver the package, NEOLIVE commits itself to reship it as soon as it is returned.
8.6 Conformity of the returned food products following a procedure of retraction. The products can be returned if the consumer did not consume them entirely. In this case, the products will not be refunded.
9. Right of access and rectification
9.1 Ethics Concerned about the protection of your privacy, NEOLIVE treats all information concerning you with the strictest confidentiality. During your purchases, we ask you only the essential information (name, first name, complete address, e-mail) for a treatment of quality and an attentive follow-up of your order. These data entered online are saved on a secure server and are immediately encrypted.
9.2 Your rights In accordance with the French Data Protection Act of 6 January 1978, you have the right to access and rectify data concerning you. Through our intermediary, you may receive proposals from other companies or organizations, or be informed of our offers by email, telephone or mail. If you do not wish it, it is enough to contact us (by indicating your name, first name, address and email): By email: moulin(arobase)alziari.com.fr By mail: NEOLIVE - 318 bd de la madeleine - 06000 NICE - FRANCE By phone: +33 (0)4 93 85 76 92
10.3 We declare all our files to the Commission Nationale de l'Informatique et des Libertés.
The Neolive company distributes through its website different types of products:
11. Liability - Limitation of Liability
11.1 The Customer is solely responsible for the choice of the Products, their conservation from the time of 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 have deteriorated (due to heat, problems during transport or any other cause).
11.2 In the same way, the NEOLIVE company could not be made responsible for the non respect of the legislative or regulatory provisions in force in the country of delivery, the NEOLIVE company being only responsible for the respect of the French regulation relating to the Products. In any event, whatever the possible motive of the questioning of the responsibility of the company NEOLIVE, its responsibility is limited to the weakest of the two following sums: (1) Amount of the direct damage undergone by the Customer, or (2) Price of the order.
12. Warranties - Limitation of Warranties
All Food Products must be kept in a temperate place and consumed within the time indicated on the packaging.
This being the case, NEOLIVE reminds that the Customer benefits from the following legal guarantees:
12.1 The legal guarantee of conformity which allows the Customer :
to benefit from a delay of two years as from the delivery of the Product concerned to act towards the salesman;
to choose between the repair or the replacement of the good and, for the Customer consumer or non professional, subject to the cost conditions provided by the article L. 217-9 of the Code of consumption ;
is exempt from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the Product concerned.
12.2 The legal warranty for hidden defects, pursuant to which the Customer may request, within two years from the discovery of the defect, either the cancellation of the sale or a reduction in the sale price in accordance with Articles 1641 et seq. of the Civil Code.
These warranties are independent of any additional commercial warranty that may be granted.
Responsibility of NEOLIVE
NEOLIVE's liability can only be engaged in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages.
In any event, NEOLIVE's liability is limited to the total amount paid by the Customer under the Order.
Exclusion of responsibility of NEOLIVE :
The responsibility of NEOLIVE is excluded in the event of damage, direct or indirect, affecting the goods or the people, undergone by the Customer or a third party, and resulting from the following cases:
Negligence or fault committed by the Customer or a third party
Any use in conditions that are manifestly not suitable 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 inapplicable or be 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 invalid or unenforceable provision being replaced by the closest possible provision
13.2 Neither the NEOLIVE company, nor the Customer could be held responsible for any non-fulfillment which would have for origin a case of absolute necessity, escaping its control, including in particular, without this being restrictive, the cases of war, riot, insurrection, interruption of transport, problem of import or export, strike, lockout, shortage, fire, earthquake, storm, flood.
13.3 These General Conditions are governed exclusively by French law.
13.4 The Customer may bring an action before the courts of its choice.
14 - Mediation
In accordance with the articles of the code of consumption L611-1 and following and R612-1 and following, it is provided that for any dispute of a contractual nature relating to the execution of the sales contract and/or the provision of services which could not be resolved within the framework of a complaint previously introduced to our customer service, the Consumer will be able to have recourse free of charge to the mediation. He will contact the National Association of Mediators (ANM) either by mail by writing to 62 rue Tiquetonne 75002 PARIS or by e-mail by filling in the online referral form at the following address www.anm-conso.com.
Consumers can also visit the European Online Dispute Resolution Platform website.
The following website www.economie.gouv.fr/mediation-conso also contains all useful information in the event of a 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.
This Form, duly completed, is to be returned to the following address (by registered mail in order to preserve a proof of sending) :
Neolive - 318 Boulevard de la Madeleine - 06000 - NICE - FRANCE
The form is to be sent within 14 clear days from the date of delivery at the latest (1)
1- Delivery concerned
DATE OF ORDER
DATE OF RECEIPT
MEANS OF PAYMENT
Customer address (billing)
2- Purpose 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 be returned to us at the following address:
Nicolas ALZIARI - 14 rue St François de Paule 06300 NICE
If this period expires on a Saturday, Sunday or holiday, the period is extended to the first working day.
Client's signature :