1. Definitions

The terms and expressions defined below shall have the following meanings, when capitalized, for the purposes of interpreting and implementing these terms:

• “Article”: Refers to the goods ordered.
• “Goods”: Any product offered for sale on the Site.
• “Order”: A request for Goods or Services made by the Client to the Seller via the Site.
• “General Terms and Conditions of Sale” or “GTC”: The present general terms and conditions of sale governing the relationship between the Seller and the Client.
• “Contract”: The present document, including its preamble and annexes, as well as any amendment, substitution, extension, or renewal made pursuant to the agreement of the Parties.
• “Delivery Costs”: The costs incurred by the Seller to ship the Order to the Delivery address provided by the Client.
• “Delivery”: The dispatch and receipt of the Article by the Client at the address specified when placing the Order.
• “Delivery Method”: Any standard or express delivery method available on the Site at the time of the Order.
• “Price”: The unit value of a Good or Service, expressed in euros, inclusive of all taxes, excluding Delivery Costs.
• “Total Price”: The total amount of the Prices of the Goods and Services ordered, inclusive of all taxes.
• “All-Inclusive Price”: The Total Price plus the Delivery Costs, inclusive of all taxes.
• “Service”: Any service offered for sale on the Site.
• “Site”: The online sales site www.myviapure.com used by the Seller to market its Goods and Services.
• “Territory”: The geographical area in which the Seller offers the delivery of its Goods and Services, as defined in Article 3.
• “Order Confirmation”: The act by which the Client confirms their Order, thereby accepting these GTC in accordance with Article 5.
• “Online Sale”: The sale of the Seller's Goods and Services through the Site.

References to Articles are references to the articles of these General Terms and Conditions of Sale unless otherwise specified.

Any reference to the singular includes the plural and vice versa, and any reference to a gender includes the other gender.

2. Purpose

This Contract aims to define the rights and obligations of the Parties within the framework of the Online Sale of Goods and Services offered by the Seller on the Site. It specifies the conditions under which the Client can order, pay for, and receive the Goods and Services, as well as the procedures for handling any disputes related to these transactions. The Contract governs all the necessary steps for placing an Order and ensures the protection of the rights of both the Client and the Seller.

3. Scope

These General Terms and Conditions of Sale are exclusively reserved for consumers, as defined by law and case law, acting on their own behalf.

In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.

The Seller also provides the consumer with information about its identity, postal, telephone, and electronic contact details, as well as its activities. This information also includes legal guarantees, particularly the legal guarantee of conformity and the guarantee against hidden defects, as well as any commercial guarantees. If applicable, information regarding after-sales service and other contractual conditions is also provided, in accordance with Articles R. 111-1 and R. 111-2 of the French Consumer Code.

The Client receives, before and after the conclusion of the sale, the information provided in Articles L. 221-5 and L. 221-11 of the French Consumer Code, notably through these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to all sales of Goods and Services carried out by the Seller via the Site.

The Client declares that they have read and accepted these General Terms and Conditions of Sale without reservation before the Order Confirmation, as defined in Article 5. The Order Confirmation implies full acceptance of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to Orders placed for Delivery in mainland France or in any of the following countries of the European Union: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, and Sweden (the "Territory"). Specific territories not listed are excluded.

It is specified that if a Client places an Order from a territory where the sale of products is considered illegal or unlawful, in whole or in part, the Client will solely assume the legal consequences related to this situation, without the liability of VIAPURE SARL being engaged in this regard.

4. Effective Date and Duration

This Contract takes effect from the date of the Client's Order Confirmation, in accordance with the provisions of Article 5.

The Contract is concluded for the time necessary for the complete fulfillment of the Seller's obligations, including the delivery of the Goods and the provision of Services, as well as the expiration of legal guarantees and any additional obligations incumbent upon the Seller. The Contract will end once all legal guarantees and obligations have been fulfilled.

5. Ordering Goods and Services and Steps for Concluding the Online Sale

To place an Order on the Site, the Client must follow these steps:

a. Access the Site by entering the appropriate URL in their browser;

b. Follow the instructions on the Site, including, if applicable, the steps necessary to create a client account; select the desired Goods and/or Services;

c. Complete the order form by providing all required information. If the session remains inactive for an extended period, it is possible that the Client's selection of Goods and Services will no longer be guaranteed. The Client will then be prompted to restart their selection from the beginning;

d. Verify the details of the Order, correct any errors, and ensure the accuracy of the information provided;

e. Confirm the Order, the Total Price, and the All-Inclusive Price (this step is referred to as the “Order Confirmation”);

f. Follow the instructions provided by the online payment server to proceed with payment of the All-Inclusive Price.

The Client will immediately receive, electronically, an acknowledgment of receipt of the Order, confirming its acceptance (the "Order Confirmation").

The Client will also receive, electronically, a shipping confirmation once the Order has been dispatched.

Delivery will be made to the delivery address provided by the Client when placing the Order. The Client agrees to comply with these General Terms and Conditions of Sale at each stage of the Order, in accordance with Article 1366 of the French Civil Code.

The Seller undertakes to honor the Order within the limits of available stock. In the event of unavailability of a Good, the Seller will inform the Client as soon as possible.

However, in accordance with Article L. 121-11 of the French Consumer Code, the Seller reserves the right to refuse any Order in the event of abnormality, bad faith, or for any other legitimate reason, particularly if there is an ongoing dispute with the Client regarding the payment of a previous order.

6. Price of Goods and Services and Validity Conditions

The price of Goods and Services offered for sale on the Site is indicated for each item, reference, or service, clearly and precisely.

At the time of the Order Confirmation, the price payable by the Client corresponds to the All-Inclusive Price, including the price of the Goods and Services and any Delivery Costs, inclusive of all taxes.

Telecommunication costs related to access to the Site and placing the Order are exclusively the responsibility of the Client.

The validity period of offers and Prices is determined by the updates on the Site. The Seller reserves the right to modify prices at any time, but the products will be invoiced based on the rates in effect at the time of the Order Confirmation.

7. Payment Terms

The payment of the All-Inclusive Price by the Client is made using one of the following payment methods: credit cards (Visa, Mastercard, American Express), Apple Pay, and Shop Pay.

The transaction is immediately debited from the Client's credit card after verification of the provided information and receipt of the debit authorization issued by the Client's banking institution.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay made through a payment card is irrevocable. By providing their credit card information, the Client expressly authorizes the Seller to debit their card for the amount corresponding to the All-Inclusive Price.

The Client guarantees that they are the holder of the credit card used for the transaction and that the name on the credit card is indeed theirs. During the transaction, the Client must provide the sixteen digits of their card, the expiration date, and the visual cryptogram (CVV) to complete the payment.

If it is impossible to debit the All-Inclusive Price, the Online Sale will be immediately terminated by operation of law, and the Order will not be validated.

The Seller implements all necessary means to ensure the confidentiality and security of the data transmitted during payment on the Site. Payment card details are encrypted and never transmitted in clear text over the network. Payment is made directly to the relevant bank.

8. Delivery of the Order

8.1. Delivery Method

The Client selects one of the Delivery Methods offered on the Site when placing the Order. The available options may vary depending on the delivery address and the type of products ordered.

8.2. Delivery Address

The Client must choose a Delivery address located within the Territory, in accordance with these GTC. Any Order specifying a Delivery address outside the Territory will be refused. The Client is solely responsible for errors in Delivery due to insufficient or incorrect information provided when placing the Order.

The address provided must be valid and precise (addresses for campsites, hotels, poste restante, or P.O. boxes are not accepted). The products are delivered to the address provided by the Client when placing the Order, and it is the Client's responsibility to ensure the accuracy of the information provided. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Client's expense.

8.3. Delivery Costs

The amount of Delivery Costs depends on the Order amount, the Delivery Method chosen by the Client, and the delivery address.

In any case, the exact amount of Delivery Costs is communicated to the Client before the Order Confirmation.

8.4. Delivery Times

Delivery times are indicated on the Site and may vary depending on the availability of the Goods ordered.

Indicative delivery times are in business days and correspond to the average time for preparing and shipping the Order within the relevant Territory.

Delivery times begin the day after the Seller confirms the Order, provided that this confirmation occurs on a business day; otherwise, the delivery time begins on the next business day.

8.5. Delay in Delivery

In the event of a delay in Delivery, the Order is not automatically canceled.

If Delivery is delayed beyond a reasonable period, the Seller or the carrier will inform the Client by email, stating that Delivery will occur with a delay.

8.6. Delivery Tracking

The Client can track the progress of their Order by using the tracking link provided by the Seller via email.

8.7. Inspection of the Order upon Arrival

The Client must inspect the condition of the packaging and the Articles upon Delivery.

In the event of visibly damaged products, the Client is required to make reservations and claims with the carrier or to refuse the package if necessary. These reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three business days, excluding public holidays, following the Delivery date.

The Client must also send a copy of this letter to the Seller. Failure to make a claim within this period will extinguish any action against the carrier, in accordance with Article L. 133-3 of the French Commercial Code. The Client must also ensure that the delivered Goods conform to the Order. In the event of non-conformity of the Goods in terms of nature or quantity, the Client must inform the Seller by email at the address “contact@viapure.shop” and return the Goods to the address provided by the Seller.

9. Right of Withdrawal

The Client has a right of withdrawal that they can exercise within 14 calendar days following the date of receipt or withdrawal of the Order. If this period expires on a Saturday, Sunday, or public holiday, it is automatically extended to the next business day.

To exercise their right of withdrawal, the Client must return the Articles within the aforementioned period, in their original condition, i.e., in their original packaging, complete (including all accessories, instructions, etc.), and new. The Articles must be accompanied by the corresponding purchase invoice.

Articles that have been opened, unsealed, damaged, scratched, soiled, or are incomplete will not be accepted for return or refund.

In the event of a valid exercise of the right of withdrawal, the Client will be refunded the price of the purchased Article(s) as well as any applicable delivery costs (only if these costs were actually charged to the Client when placing the Order). Return costs are exclusively the responsibility of the Client.

The right of withdrawal can be exercised by the Client by requesting a return slip by email at the following address: contact@viapure.shop.

10. Guarantee

10.1 Legal Guarantees

The Seller or the service provider is subject to the legal guarantees provided by the French Consumer Code and the French Civil Code, including Articles L. 217-3, L. 217-4, L. 217-5 of the French Consumer Code, and Articles 1641 and 1648 of the French Civil Code:

• Article L. 217-3 of the French Consumer Code:
  "The seller delivers goods in conformity with the contract and with the criteria set forth in Article L. 217-5.
  The seller is liable for any lack of conformity that exists at the time of delivery of the goods within the meaning of Article L. 216-1 and that appears within a period of two years from delivery.
  [...]"

• Article L. 217-4 of the French Consumer Code:
  "The goods conform to the contract if they meet, in particular, where applicable, the following criteria:
  1° They correspond to the description, type, quantity, and quality, particularly concerning functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
  2° They are fit for any special use sought by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract and that the latter has accepted;
  [...]"

• Article L. 217-5 of the French Consumer Code:
  "In addition to the criteria of conformity to the contract, the goods conform if they meet the following criteria:
  1° They are suitable for the use usually expected of goods of the same type [...]
  [...]"

• Article 1641 of the French Civil Code:
  "The seller is liable for hidden defects in the item sold that make it unfit for its intended use or that reduce its use to such an extent that the buyer would not have acquired it or would have paid a lower price for it if they had known about them."

• Article 1648 of the French Civil Code:
  "An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
  [...]"

These legal guarantees are not exclusive of the application of other consumer protection provisions, such as the legal guarantee of conformity provided for in the French Consumer Code and the legal guarantee against hidden defects in Articles 1641 et seq. of the French Civil Code.

To exercise these guarantees, the Client may submit their request to:
VIAPURE SARL, 3 Place Octogonale, 77700 Chessy, France.

The consumer has two years from the delivery of the goods to implement the legal guarantee of conformity in the event of a conformity defect. During this period, the consumer is only required to prove the existence of the conformity defect, without having to establish the date of its appearance.

The consumer also benefits from the legal guarantee against hidden defects for two years from the discovery of the defect, in accordance with Articles 1641 to 1649 of the French Civil Code.

10.2 Limitation of Liability

The Seller guarantees that all Goods have been manufactured by partner laboratories with all the necessary authorizations for the manufacture of dietary supplements, in strict compliance with French regulations. The Goods are also subjected to rigorous testing and control before being placed on the market.

The Client expressly accepts that the Seller is not bound by an obligation of result and that the effects of dietary supplements may vary from person to person.

The Client also acknowledges that the reviews, testimonials, or photos shared on the Site reflect personal experiences and cannot in any way be interpreted as a guarantee of result.

11. Loyalty Program

The Seller offers a loyalty program to the Client, the terms and conditions of which, including membership, point accumulation, and associated benefits, are detailed in the "Loyalty Program" section available on the Site.

This program is designed to reward regular Clients by offering various benefits, such as discounts, exclusive offers, or gifts, based on the points accumulated with each purchase.

The rules of the program, including participation conditions, methods of accumulating and using points, and any restrictions, are subject to change and are regularly updated on the Site.

12. Intellectual Property Rights

The entire content of the Site, including but not limited to texts, graphics, logos, images, photographs, videos, sounds, and software, is the exclusive property of the Seller and is protected by intellectual property laws. Any reproduction, representation, modification, publication, transmission, alteration, in whole or in part, of the content of the Site, by any means and on any medium, without the express prior permission of the Seller, is strictly prohibited and may constitute an offense of counterfeiting.

The Seller's trademark, VIAPURE, as well as all other trademarks, illustrations, images, logos, figurative or not, appearing on the Goods, their accessories, and their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium, without the express prior permission of the Seller, is strictly prohibited. This includes any combination or conjunction with any other trademark, symbol, logo, or any other distinctive sign intended to form a composite logo.

Similarly, all copyrights, designs, models, and patents held or registered by the Seller remain its exclusive property. Any unauthorized use of these elements constitutes a violation of the Seller's intellectual property rights.

13. Data Privacy

As part of placing orders, performing diagnostic tests, or subscribing to the loyalty program or newsletter, certain personal information is collected. This data is collected in compliance with applicable regulations and is processed in a manner that ensures the confidentiality and security of the information provided.

All information regarding the nature of the data collected, its use, and users' rights concerning personal data protection is detailed in our privacy policy. This policy is accessible at any time on the Site.

The Client is invited to consult this policy to understand how their data is collected, used, and protected, as well as to learn about the procedures for exercising their rights (access, rectification, deletion, etc.).

14. Force Majeure

The performance of the Seller's obligations under this Contract will be suspended in the event of the occurrence of a force majeure event or a fortuitous event that would prevent or delay its execution.

The Seller will inform the Client of the occurrence of such an event as soon as possible from the date on which it becomes aware of it.

Events or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the parties' will, and that cannot be prevented despite all reasonable efforts are considered force majeure or fortuitous events, without this list being exhaustive. For example, the following may be considered force majeure or fortuitous events: transportation or supply blockages, earthquakes, fires, storms, floods, lightning, interruptions in telecommunications networks, or difficulties specific to telecommunications networks external to the clients, as well as any other situation typically recognized by the case law of French courts.

If the suspension of the Seller's obligations continues for a period exceeding 90 days, the Client may terminate the current Order. In this case, the Seller will refund the Order under the conditions set out in Article 7.

15. Severability of Contract Provisions

If any provision of this Contract is declared null or unenforceable by a competent court, such nullity or unenforceability will not affect the validity of the other provisions, which will remain fully effective and continue to apply between the Parties. The Parties agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable one that achieves as closely as possible the intended economic effect of the original provision.

16. Contract Modification

Any modification, termination, or waiver of any clause of this Contract will only be effective after an express agreement, formalized in writing and signed by both Parties. This agreement must clearly state the modifications made and the specific provisions concerned.

17. Independence of the Parties

The Parties are independent of each other, and neither Party may make any commitments in the name of and/or on behalf of the other. Each Party remains solely responsible for its own statements, commitments, services, products, and personnel. Consequently, neither Party may be held liable for the actions or omissions of the other Party, unless otherwise explicitly agreed in writing between them.

18. Non-Waiver

The failure of either Party to exercise or delay in exercising any of its rights or obligations under this Contract shall not be construed as a waiver of such right or obligation for the future. Such abstention shall not affect the validity of these rights or obligations, which may be exercised at any time.

19. Complaints and Amicable Settlement of Disputes

In accordance with Article L. 612-1 of the French Consumer Code, "every consumer has the right to seek free recourse to a consumer mediator for the amicable resolution of a dispute with a professional."

Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the same code, namely disputes of a contractual nature concerning the performance of a contract for the sale or provision of services between a consumer and a professional. This provision applies to both national and cross-border disputes.

In the event of any difficulty, we invite you to contact our customer service or after-sales service directly at the following address:
Seller: contact@viapure.shop

Only complaints related to the Online Sale of Articles will be considered.

If, after contacting our services, the dispute persists, you have the option, within one year of your request, to submit your complaint to a mediator in accordance with Article R. 616-1 of the French Consumer Code. The mediator competent to examine your request is the e-commerce Mediator of FEVAD, whose contact details are available on the website: www.fevad.com.

For cross-border disputes, you can contact the European Consumer Centre France: europe-consommateurs.eu.

You also have the option to be assisted by legal counsel, at your own expense, throughout the mediation process.

20. Governing Law

This Contract, as well as all transactions and relationships arising from it, are governed and interpreted in accordance with French law. Any questions regarding its interpretation, performance, or validity will be submitted to the jurisdiction of the competent French courts.

21. Jurisdiction

Any dispute arising from the formation, interpretation, or performance of this Contract shall be subject to the exclusive jurisdiction of the courts under the jurisdiction of the Court of Appeal of Paris, even in the event of multiple defendants or third-party claims.