Terms of Service

1. Object and Scope

These general terms and conditions of sale (hereinafter "Terms") apply to all contracts for the sale of products (hereinafter "the Products") concluded online on the website visionplus-nutrition.com (hereinafter "the Site") between Thibault Bousquet (hereinafter "We", "the Seller", or "the data controller") and any consumer client (hereinafter "Client"), defined as any natural person aged at least 18 years who acts for purposes which are outside their trade, business, craft, or profession. No other general purchase terms and conditions of the Client can be opposed to the Seller.

The Seller's business is the distance selling via a general catalog of a wide range of regulated products, including food supplements, through the Site.

If one or more stipulations of these Terms are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other stipulations shall retain their full force and effect.

The Seller reserves the right to amend these Terms at any time without prior notice, with such amendments being applicable to all orders placed after the amendments are made. These Terms and Conditions of Sale can be saved by any person visiting the Site via computer recording and may also be reproduced by the Client by printing them.

Contact Information:

Thibault Bousquet, Sole Proprietorship
60 rue François 1er
75008 Paris, France
SIREN: 948 882 162
VAT Number: FR11948882162
Email: contact@visionplus-nutrition.com
Phone: 07 56 91 56 09

2. Order

Any order for Products through the Site implies the Client's unreserved acceptance of these Terms. Consequently, any order placed by the Client can only be definitively validated after express acceptance, without restriction or reservation, of these Terms.

The choice and purchase of a Product are the sole responsibility of the Client.

Steps for placing an order online on the Site:

  1. Select the products of your choice.

  2. Add them to your cart and proceed to checkout.

  3. Enter your personal information, including your delivery address, and confirm.

  4. Choose your delivery method and confirm.

  5. Select your payment method and confirm.

After payment is accepted, a confirmation email summarizing all elements of your order will be sent to you.

2.1. Sale of Products via Catalog
The products are sold via catalog. Orders for Products are placed via the Site.

The Client has a right of withdrawal, the conditions and terms of which are outlined in the box at the end of these Terms.

2.2. Order Acceptance Conditions
In accordance with Article L. 121-11 of the French Consumer Code, the Seller reserves the right to refuse any sale or service for a legitimate reason, such as: any order for an unreasonable quantity of Products, unavailability or stock-out of Products, clear bad faith on the part of the Client, or any reason resulting from a legal prohibition of the sale.

The offers presented on the Site are valid only for the duration available and the quantity offered for order by the Seller, taking into account in particular the available quantities of materials.

2.3. Characteristics of Products Sold
The Seller offers food supplements for sale on the Site. The photographs and graphics presented on the Site are intended to illustrate the Products. The Client is invited to refer to the description of each Product to learn about its properties and specificities, particularly regarding the desired characteristics.

The Seller describes the essential characteristics of the Products offered for sale on the Site.

The Products offered for sale are those listed on the Site on the day the Client consults the Site.

Offers are valid as long as they appear on the Site.

Products are offered for sale for defined periods if they are marked as "In stock" on the Site. Products marked "Out of stock" cannot be ordered.

2.4. Instructions and Manuals
The Client is advised to read the usage notices or any other information provided with the Products or on the Products, particularly information related to any usage precautions, conditions, and restrictions of use.

3. Availability or Delivery Times

Delivery is made to the address specified by the Client, which must be located in metropolitan France.

Delivery times are generally eight to ten days from the Seller's receipt of payment for orders. More precise deadlines will be indicated to Clients after receipt of their payment. They may vary depending on the availability of the Products ordered.

Delivery times are understood in business days and correspond to the average times for preparing and shipping the order to the address provided during the order. They do not account for unforeseen events inherent to the carriers responsible for shipping the order.

The Seller reserves the right to make partial shipments.

4. Transport/Delivery

In accordance with Article L. 216-4 of the French Consumer Code, the risk of loss or damage to the Products is transferred to the Client when the Client or a third party designated by the Client, other than the carrier proposed by the Seller, takes physical possession of the Products.

Any specific packaging required by the Client or by the laws and regulations of the country of receipt will be subject to a charge for the corresponding costs.

In any case, the Client must check the shipments upon arrival. In case of missing or damaged goods during transport, the Client is advised to make all necessary reservations on the delivery slip upon receipt of the indicated goods. These reservations must also be confirmed in writing within 3 days (excluding public holidays) following delivery, by registered mail with acknowledgment of receipt. This period is extended to 10 days if the carrier cannot prove that they allowed for the possibility of checking the condition of the goods. Mentions such as "subject to unpacking" and "subject to assembly" will not be accepted.

5. Return of Goods / Right of Withdrawal

Pursuant to Article L. 221-18 of the French Consumer Code, Clients have a right of withdrawal for the order of Products, the exercise procedures of which are detailed in the box below annexed to the end of these Terms.

6. Prices

All Product prices are those in effect on the date of the order or pre-order and are indicated in euros on the site, inclusive of delivery charges.

After the Client validates the order, the Seller will send a confirmation email to the Client to notify them that the order has been recorded. The price of the purchased Products is payable in full, in cash, on the date the order is placed by the Client.

The Seller reserves the right to change its prices at any time.

7. Discount for Early Payment

No discount will be granted for early payment.

8. Payment Methods

Payment for orders is made online via the secure payment services PayPal or Stripe, following the instructions displayed on the Site.

  • PAYPAL: This platform offers both a payment solution via an account, which the user will be prompted to log into, or by credit card.

  • STRIPE: This platform offers the possibility to pay via credit card.

In case of a change in the Client's situation (change in structure, default or delay in payment, bankruptcy, dissolution, death), the Seller reserves the right to remove any granted payment deadlines, suspend current orders or pre-orders, demand guarantees, or, failing that, cancel the order.

In case of late payment, the Seller may suspend all current orders, without prejudice to any other course of action.

9. Late Payment

If the payment deadline indicated on the invoice is not met, the Client shall be liable, by operation of law and without the need for a formal notice, for late payment penalties. The interest rate for these penalties is set at the European Central Bank's (ECB) key interest rate for its main refinancing operations plus 10 percentage points, calculated on the entire amount due.

In the event of non-payment at any due date, all other due dates shall become immediately payable.

10. Termination Clause

In case of payment default, 48 hours after an unsuccessful formal notice, the sale shall be automatically terminated and may give rise to the award of damages in favor of the Seller. The termination shall affect not only the order in question but also all unpaid prior orders, whether delivered or in the process of delivery, and whether their payment is due or not. Amounts due for other deliveries, or for any other reason, shall become immediately payable if the Seller does not opt for the termination of the corresponding orders. The Client must reimburse all costs incurred for the contentious recovery of the sums due, including fees of ministerial officers.

11. Retention of Title

The Seller retains ownership of the goods sold until full payment of the price, both principal and accessories. As such, if the Client becomes subject to legal recovery or liquidation proceedings, the Seller reserves the right to reclaim, within the framework of the collective proceedings, the sold goods remaining unpaid.

12. Warranty

The Client is informed that they benefit from the legal warranty of conformity mentioned in articles L. 217-3 to L. 217-17 of the French Consumer Code and that relating to hidden defects, under the conditions provided for in articles 1641 to 1648 of the French Civil Code.

Legal Warranty of Conformity (see reference texts in the box below):

When the Client acts under the legal warranty of conformity with the Seller, via the contact means set out in Article 1 of these Terms, they:

  • Have a period of 2 years from the delivery of the good to take action (Article L. 217-3 of the Consumer Code).

  • Can choose between the repair or replacement of the good, subject to certain cost conditions provided for in Article L. 217-9 of the Consumer Code.

  • Are exempt from providing proof of the existence of the lack of conformity during the twenty-four months following the delivery of the good (Article L. 217-7 of the Consumer Code), and twelve months for second-hand goods.

13. Intellectual Property

13.1. Rights to the Name and Graphic Representations

The name "Vision+" as well as all illustrations, images, and logos used on the Site, other than illustrations for which the Seller has obtained usage rights from its suppliers, are the exclusive property of the Seller. Any partial or total reproduction, modification, or use of the name, illustrations, images, and logos for any reason and on any medium, without the express prior agreement of the Seller, is strictly prohibited.

All elements of the Site operated by the Seller, other than the Product illustrations for which the Seller has obtained usage rights from its suppliers, are and shall remain the exclusive intellectual property of the Seller.

Under no circumstances is the Client or any other person authorized to reproduce, exploit, redistribute, or use, in whole or in part, any elements of the Site.

The company names, brands, and distinctive signs of Products on the site are protected by trademark law; the reproduction or representation of all or part of these elements is strictly prohibited.

14. Data Protection

In the context of its activity, the Seller, acting as data controller, processes the Client's personal data, notably the Client's name, first name, and contact details. In this capacity, the Seller undertakes to comply with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties.

The processing of the Client's data by the Seller is based on the legal basis of the performance of these Terms and is intended for the management of the commercial relationship (invoicing, collection, delivery of Products, etc.). The collected data is kept for the period strictly necessary for this purpose.

The Seller undertakes not to transfer the Client's personal data outside the European Economic Area without having previously implemented adequate safeguards for the protection of this data, as provided for by the applicable regulations.

The rights of access, rectification, objection, restriction, erasure, and portability, as well as the possibility to give instructions regarding the fate of one's data after death (retention, deletion, communication to a third party, etc.), can be exercised with the Seller at the following email address: contact@visionplus-nutrition.com.

Information on the data processing carried out in the context of orders placed on the Site is available in the Privacy Policy available here: [Link to Privacy Policy]

15. Liability - Force Majeure

The Seller's liability cannot be engaged in case of non-performance or poor performance of the Terms due either to facts attributable to the Client, or to the unforeseeable and insurmountable acts of a third party to the Contract, or to a case of force majeure as defined by Article 1218 of the French Civil Code and French jurisprudence.

Nevertheless, in the event of a force majeure event, the parties shall meet to determine the terms for the continuation of their relations. If the force majeure event lasts for more than one (1) month, the contract will be automatically terminated, unless otherwise agreed between the parties.

16. Disputes - Mediation

Any dispute relating to the interpretation and execution of these Terms is subject to French law.

In case of a dispute, Clients must first contact Thibault Bousquet:

  • By email: contact@visionplus-nutrition.com

  • By postal mail: 60 Rue François 1er, 75008 Paris, France

If the complaint request to the Seller is unsuccessful or in the absence of a response within one (1) month, the Client may resort to a mediation procedure:

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation process. The designated mediation entity is: SAS CNPM - MÉDIATION - CONSOMMATION. In case of a dispute, any consumer can file their complaint on the website: https://www.cnpm-mediation-consommation.eu/ or by postal mail writing to:
CNPM MÉDIATION CONSOMMATION
27, avenue de la Libération
42400 SAINT-CHAMOND, France

The Client can also use the European Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr. The consumer Client is free to accept or refuse the use of mediation.

The Client acknowledges having read these Terms and accepts them without reservation.

If you are a consumer within the meaning of the Consumer Code, these provisions concern you.

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract without giving any reason within a period of fourteen days.

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good. In the case of an order for multiple Products delivered separately, the period runs from the receipt of the last Product. If the period expires on a Saturday, Sunday, or a public holiday, it is extended until the following business day.

1. Exercising the Right of Withdrawal:

To exercise the right of withdrawal, you must notify the Seller at the following email address: contact@visionplus-nutrition.com or by registered letter with acknowledgment of receipt to the address on the withdrawal form (found at the end of this document) of your decision to withdraw from this contract by means of an unambiguous statement, specifying the order number concerned. You may use the model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Once your request is received, the Seller will communicate the postal address to which to return the Products as well as instructions to follow regarding the return procedure. You will bear the direct cost of returning the goods. Please do not return the package to the address mentioned on the withdrawal form.

You must return or hand over the goods to the Seller, in their original packaging, without undue delay and in any event not later than fourteen days from the day on which you communicate your decision to withdraw from this contract. This deadline is considered met if you send back the goods before the period of fourteen days has expired.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Thus, any item that is not in its original packaging, is damaged, or has missing parts for reasons not due to an error by the Seller, may not be eligible for a full refund under the right of withdrawal.

Refund Procedure

In case of your withdrawal from this contract under the above conditions, we will send you an email to confirm receipt of the returned Product.

We will reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice, if any, of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

LEGAL WARRANTIES
Extracts from the CONSUMER CODE
Legal Warranty of Conformity

(Note: The following articles are direct translations of the French legal code provided. In a US context, these would typically be summarized or replaced by references to implied warranties under state law, such as the "implied warranty of merchantability" and "implied warranty of fitness for a particular purpose" under the Uniform Commercial Code.)

Art. L. 217-4 - The seller delivers a good that conforms to the contract and meets the criteria set out in Article L. 217-5.
He is liable for any lack of conformity existing at the time of delivery of the good as defined in Article L. 216-1, which appears within a period of two years from that date.
[...]

Art. L. 217-5 - The good is in conformity with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any particular purpose required by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract and which the seller has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.

Art.L217-7 - Any lack of conformity which appears within twenty-four months from the delivery of the good, including a good with digital elements, is presumed to have existed at the time of delivery, unless proven otherwise, unless this presumption is incompatible with the nature of the good or the lack of conformity.
For second-hand goods, this period is set at twelve months.
[...]

Art. L217-8 - In the event of a lack of conformity, the consumer is entitled to have the good brought into conformity by repair or replacement or, failing that, to a price reduction or termination of the contract, under the conditions set out in this subsection.
[...]

Art. L. 217-9 – The consumer is entitled to demand that the good be brought into conformity with the criteria set out in subsection 1 of this section.
The consumer requests the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller.

Extracts from the CIVIL CODE
Regarding Hidden Defects

Article 1641.- The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for its intended use, or which so diminish its use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.

Article 1644. - In the cases of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price restored to him, or keeping the thing and having part of the price restored to him, as determined by experts.

Article 1648. - The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.

WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of Thibault BOUSQUET: 60 rue François 1er, 75008, Paris (Please do not return the package to this address)

Email [to be completed] / Tel. [to be completed]

I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following good ()/for the supply of the following service (*),

Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):

Date: