Terms of Sales

Preamble

This Preamble is an integral part of the General Conditions of Sale.

Article 1. Parties to this act

Between the undersigned :
1° The basic Society. Hereinafter referred to as the “Seller”,
On the one hand, And 2° Any natural person wishing to make a purchase on the Seller's website.
Hereinafter referred to as the “Buyer”,
On the other hand, the following was explained and agreed:

Article 2. Purpose

The Seller's activity includes the production and online sale of "smart" food products (hereinafter "the Product") providing an alternative to "traditional" food. The Buyer and the Seller agree that their relations as well as access and use of the site www.basic.cosmetics.com (hereinafter “the Site”) will be governed exclusively by:
- These General Conditions of Sale, to the exclusion of all conditions and that they will prevail, where applicable, over any other version or any other document
- Privacy Policy
- Legal mentions
- Applicable laws and/or regulations.

The General Conditions of Sale, the Confidentiality Policy and the Legal Notices of the Site are made available to consumers on the Seller's Site where they are directly consultable. The Confidentiality Policy (here) and the Legal Notices (here) are an integral part of these General Conditions of Sale. The acquisition of a Product on the Seller's site implies knowledge and unreserved acceptance by the Buyer of these General Conditions of Sale in force on the day of the order, the conservation and reproduction of which are ensured by the Seller .Each Buyer undertakes to respect the purpose of the Site and not to make any use aimed at diverting it from its purpose of online sale of Products. The Seller reserves the right to modify its General Conditions of Sale at any time. In the event of modification, the applicable General Conditions of Sale are those in force on the date of the order by the Buyer, a dated copy of which can be given to him at his request. The fact that the Seller does not claim the application of any clause of the General Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by the Seller of the rights which arise for him from said clause. These General Conditions of Sale have been updated June 13, 2019. This edition cancels and replaces previous versions.

Article 3. Definitions

3-1. Seller : designates the basic simplified joint stock company.
3-2. Buyer : refers to any natural person wishing to make a purchase on the Site
3-3. Product : designates any product offered on the Site, while stocks last. The photographs cannot ensure perfect similarity with the product offered.
3-4. Delivery : designates the transfer to the Buyer of physical possession or control of the Product.
3-5. Site : designates the infrastructure developed by the Seller according to the computer formats usable on the Internet including data of different natures, and in particular texts, sounds, fixed or animated images, videos, databases, intended to be consulted by the Buyer to find out about their products and services and, if necessary, make a purchase of them. The Site is accessible at the following address https://www.basic-cosmetics.com).
3-6. Internet : refers to different networks of servers located in various locations around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
3-7. Subscription : designates the paid plan offered by basic. in order to benefit from the service aimed at receiving, each month for a period chosen by the Customer (every month or every two months) food products. The user declares having obtained basic. prior to its Order all the information on the Services and their content necessary for it. He declares that he is solely responsible for the choice of the Services and the subscription to the Subscription as well as their suitability to his needs.

Article 4. Price

The prices of the Products offered for sale on the Site are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
All orders are payable in euros (€).
Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.
Likewise, if one or more taxes or contributions were to be created or modified, either up or down, this change may be reflected in the selling price of the Products present on the Site.
In the event of an order to a country outside mainland France, the Buyer is then considered to be the importer of the Product concerned; customs duties or local taxes or import duties or state taxes may then be required. These duties or taxes are the responsibility and full responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organizations.
The Seller reserves the right to modify at any time the prices of the Products offered for sale on the Site. The Product will be invoiced by the Seller to the Buyer on the basis of the price in effect at the time of validation of the order and subject to availability of the Product.
The Seller undertakes to regularly check that all prices indicated on the Site are correct, without however being able to guarantee the absolute absence of errors. If an error in the price of an item should occur, the Seller will give the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered canceled.

Article 5. Order and Subscription

The Buyer has the possibility to browse the Site and order Products offered for sale on the Site, subject to their availability. The Products comply with the requirements of French law in force at the time of their order by the Buyer. When placing an order, the contractual information is presented by the Seller in French and is subject to conformation by the Buyer at the latest upon validation of the order. In accordance with Article 6, only orders comprising a minimum of 12 meals, regardless of the number of Products, are possible on the Site. The “discovery pack” Product, including 5 meals, is not subject to this rule and can therefore be ordered alone. The Buyer who wishes to purchase a Product by placing an order must then complete an identification form on which they must indicate the following information:
- E-mail address
- First and last name
- Address
- Phone number
- Payment information

All data collected when ordering is processed in accordance with Article 15. The Buyer in possession of a Customer Account (see Article 14) and wishing to purchase a Product by placing an order is exempt from completing the form. identification (excluding payment information) and can therefore place orders more quickly.
In addition to individual sales, the Products are also offered by the Seller in the form of a periodic subscription (hereinafter the “Subscription”).

5.0. The regulations for a subscription available to the customer are as follows:
Regular delivery of ordered goods
Choice of different delivery intervals (1 month or 2 months)
The duration of the contract is unlimited and can be terminated at any time by contacting us directly by telephone on 09 70 73 18 71 (Monday to Friday from 9 a.m. to 6 p.m., excluding public holidays). The termination request must be sent to basic. at least 3 days before the subscription renewal to take effect.
Packages are sent on the same day each month, starting from the day you take out the subscription, provided that day does not fall on a weekend.

5.1. The Customer can opt for 2 (two) forms of Subscription:
The monthly subscription of indefinite duration;
When taking out a Subscription, it is up to the Customer to ensure that the Subscription complies with their needs and choices.
The Subscription can be taken out as part of promotional operations set up from time to time by basic. The conditions relating to these operations are described below:

5.2. Monthly subscription of indefinite duration
The Customer can subscribe to a monthly Subscription for an indefinite period. In this context, he will receive the products to which he has subscribed each month until termination of the Subscription. In doing so, the Subscription is automatically renewed each month for an additional period of one (1) month, unless terminated by the Customer, under the conditions provided for in article 5.3. below.
Payment for the Subscription will be made every month by debiting the Customer's personal account provided when placing their Order.

5.3. Termination/Term of Subscription
The Customer may terminate the monthly Subscription of indefinite duration at any time, this type of Subscription being without commitment of duration, by telephone on 021 646 06 84 (Monday to Friday from 9 a.m. to 6 p.m.). The termination request must be sent to basic. at least 3 days before the subscription renewal to take effect.

5.4. Payment terms
If the Customer subscribes to a Subscription, the Products will be delivered to the Customer each month and payment will be taken at the start of each Subscription period. The Customer must ensure that he has sufficient funds to cover the payment of the Subscription. If they change their payment method during the Subscription, the Customer must ensure that they update their customer account information. Failing this, the Subscription will be stopped or suspended by the Seller.
In the event of it being impossible to debit the sums due in payment of the order, for whatever reason, the order will be canceled or the Subscription stopped or suspended, without prejudice to any damages that the Seller may request to compensate its prejudice.
The Customer must also update their address in the event of a move during the Subscription. The Seller will not be responsible if the Customer does not update their address in the event of a move. The costs of second delivery of any order, under a Subscription, which must be returned due to the lack of updating of its delivery address by the Customer, will be invoiced to the Customer. Payment for the Services is made by credit card (Blue, Visa, Mastercard). Payments made will be secured by a data encryption procedure to prevent this information from being intercepted by a third party.
Payments made by the Customer are considered final after actual collection of the amounts.
basic. cannot be held responsible in the event of fraudulent use of the means of payment used on the Site or in the event of an error due to the payment system.
Each Renewal is conditional on the withdrawal of the amount corresponding to the subscription from the Member's bank account.
In the event of refusal of direct debit, for whatever reason, the Member must regularize their situation. Otherwise, the next Renewal cannot be ensured and the Service will be suspended by basic.

Article 6. Validity and validation

Any order of Products on the Site by the Buyer assumes the full and complete acceptance of the Buyer and the Seller to these General Conditions of Sale, without exception or reservation. Only orders with a minimum of €35 can be validated. “Pack” products, comprising an assortment of products, are not subject to this rule and can therefore be ordered alone. A summary of the Product order is communicated by the Seller to the Buyer on the e-mail address indicated on the Buyer's identification form when ordering. The Product order summary includes the following information:
- a summary of the Products ordered,
- the price,
- the date and time of the order,
- the date or deadline by which the Seller undertakes to deliver the goods, the Delivery costs,
- the payment method chosen by the Buyer
- the withdrawal period enjoyed by the Buyer as well as the form allowing him to exercise it.

The Buyer must check the content of the summary as soon as possible and immediately notify the Seller of any errors or omissions. The order confirmation constitutes signature and acceptance of the transaction by the Buyer and the Seller. The recorded confirmation of the product order and all the data transmitted during the order constitute proof of the transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of proof to technology. information and relating to the electronic signature, and constitute payment of the sums incurred by the order. However, in the event of fraudulent use of his bank card, the Buyer is invited, upon noticing this use, to contact the Seller's customer service as soon as possible. It is expressly agreed that, unless there is a manifest error on the part of the Seller, the data stored in the Seller's computer systems, under reasonable security conditions, have probative force regarding the orders placed by the Buyer. Data on computer or electronic media constitute valid proof and as such, are admissible under the same conditions and with the same probative force as any document that would be established, received or kept in writing. The Seller undertakes to honor orders for Products received on the Site and validated only within the limits of available product stocks. If the products are not available, the Seller undertakes to inform
the Buyer as soon as possible in accordance with Article 8. The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers who are consumers.

Article 7. Payment

Validation of the order for Products implies for the Buyer the obligation to pay the price indicated on the order confirmation. The Buyer must pay for their purchases online at the time of ordering by bank card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard) or by Paypal, a highly secure web payment infrastructure certified PCI level 1.

The Buyer also has the option of choosing payment in three installments via ALMA from a purchase of €99, only for France and excluding subscription.
If the Buyer wishes to pay for their order in several installments, they accept Alma's General Conditions of Use and you confirm that they have read Alma's Confidentiality Policy .  

Article 8 – availability

The Products are offered by the Seller on the Site within the limits of available stocks and their possible expiry date. For non-stocked Products, offers are valid subject to availability. In the event of unavailability of a Product after placing and validating an order, the Seller will inform the Buyer by email as soon as possible. The Buyer's order may then, according to his wishes, be canceled and no bank debit will then be made by the Seller, or put on hold while the Product is restocked by the Seller.

Article 9. Transfer of ownership

The products remain the entire property of the Seller until full payment of the price by the Buyer. The transfer of ownership of the pre-ordered or ordered Product occurs during the physical transfer of the Product to the benefit of the Buyer, the risks of loss or damage to the products are then also immediately transferred from the Seller to the Buyer.

Article 10. Delivery

Delivery is made to the address indicated in the Buyer's order form. He must very precisely indicate his address and postal code as well as any other relevant information for delivery without using any abbreviations. Only Deliveries within the European Economic Area are possible. If you wish to be delivered outside the European Economic Area, the Buyer is invited to contact the Seller. The Delivery times indicated on the Site are usual average times. The Seller will endeavor to respect these deadlines. The order shipping time varies depending on the delivery method chosen by the Buyer. The products are delivered by the Seller to the delivery address indicated by the Buyer during the order process, within the time indicated on the order validation page. In the event of a shipping delay, an email will be sent to the Buyer to inform them of a possible consequence on the indicated delivery time. The delivery cost for France is set at €7.90 per order, regardless of the number of Products concerned and the delivery address indicated in the Buyer's order form. Deliveries are free in France from 70€ of purchases and in the rest of the European Economic Area from 70€ of purchases. A specialized logistician is in charge of deliveries, in order to ensure the best possible service. After payment of the order, the latter will send the Buyer an email with the tracking number of the package to the email address indicated. In the event of undue delay in delivery, the Buyer has the option of canceling the order under the conditions and procedures defined in article L 216-2 of the Consumer Code. If the Buyer receives the product in the meantime, he must return it to the Seller in its original packaging and without damage as soon as possible. In the event of delivery by carrier, the Seller cannot be held responsible for late delivery due exclusively to the unavailability of the Buyer after several appointment proposals. At the time of Delivery of the Product, the Buyer is required to check:
That the number of packages delivered corresponds to the indications in the transport document and the invoice;
That the packaging is intact, not damaged, wet or altered in any way, including the materials used to seal the package.
The Buyer must immediately report any damage suffered by the packaging and/or the Products or an error in the number of packages or non-compliance of the indications, by affixing a written inspection reservation on the proof of Delivery. After signing the Delivery Note, the Buyer cannot raise any dispute regarding the external aspect of the Delivery. In the event of delivery by tracked parcel, the Seller will apply the Post Office rates in force on the day of the order.

Article 11. Resolution

The order for Products may be canceled by the Buyer in the event of:
- Delivery of a product that does not conform to the declared characteristics of the product;
- An increase in the price which is not justified by a technical modification of the product imposed by the public authorities.
The order for Products may be canceled by the Buyer in the event:
- Delivery exceeding the deadline set in the purchase order or, in the absence of such a date, within thirty days following the conclusion of the contract, after the Seller has been requested, according to the same terms and without result, to 'make the Delivery within a reasonable additional time;
The order for Products may be resolved by the Seller in the event:
- Refusal of the Buyer to take Delivery;
- Non-payment of the price at the time of order validation.

Article 12. Withdrawal

In accordance with article L. 221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the date of receipt of the Products ordered to withdraw without having to justify reasons or to pay penalties, with the exception of return costs which are his responsibility.
In the event that the package has not been collected by the Buyer at the collection point, a return cost of €9.90 (which is the responsibility of the Buyer) will be deducted from the refund.
To exercise his right of withdrawal, the Buyer must inform the Seller by email (info@basicbrand.ch).
In the case of an exchange of Products, the reshipment will be at the Buyer's expense: a promo code for the amount of the returned products will then be communicated to the Buyer's email address so that the Buyer can recommend the desired products. in place of those returned.
Any return must be reported in advance to the Seller's customer service:
- by email: info@basicbrand.ch
- by telephone: +41 21 646 06 84 (price of a local call)
Returns must be made in their original condition and complete (products, packaging, accessories, instructions), with the purchase invoice as soon as possible and, at the latest, within fourteen days following communication of the decision. to retract. Returns can be made to the following address: basic, rue de la Pontaise 18, 1018 Lausanne, Switzerland.
Any damage suffered by the product during its return is the responsibility of the Buyer and may be likely to frustrate the right of withdrawal. The withdrawal method can only apply to the entire order.
If all the preceding conditions are met, the Seller will then reimburse the Buyer for all sums paid, including delivery (standard delivery costs if invoiced on the order), upon receipt of the returned goods. The reimbursement will be made using the same means of payment as that used by the Buyer during the initial transaction, unless the Buyer expressly agrees to use another means of payment and to the extent that the reimbursement does not cause any costs to the Buyer. However, the Seller is not required to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal provided for in the event of distance selling cannot be exercised in particular for contracts:
- Supply of goods likely to deteriorate or expire quickly;
- Supply of goods which have been unsealed by the Buyer after Delivery and which cannot be returned for reasons of hygiene or health protection.
Since the labeling clearly establishes the presence or absence of allergens, the Company cannot be held responsible for an error by the Buyer regarding his or her intolerances or allergies to certain ingredients. Intolerance or allergy cannot therefore be used as a basis for a refund outside the legal withdrawal periods.
No order can be canceled without exercising the right of withdrawal according to the terms above.

Article 13. Guarantees

All Products offered for order by the Seller on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. All complaints, requests for exchange or refund must be made by post within 30 days of delivery. The products must be returned to us by the Buyer in the condition in which he received them with all the elements (accessories, packaging, instructions, etc.), as well as with the invoice justifying payment. Shipping costs will be reimbursed to the Buyer by the Seller on the basis of the price invoiced and return costs will be reimbursed to the Buyer by the Seller upon presentation of supporting documents. The provisions of this article do not prevent the Buyer from benefiting from the right of withdrawal provided for in Article 12.

Article 13.1. Guarantee against hidden defects

The Products offered on the Site are subject to the guarantee against hidden defects set out in articles 1641 et seq. of the Civil Code: Article 1641 of the Civil Code: “The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which diminish this use to such an extent that the Buyer would not have acquired it, or would have only given a lower price for it, if he had known about them. » Action resulting from hidden defects must be brought within two years of discovery of the defect.

Article 13.2. Legal guarantee of conformity

The Products offered on the Site are also subject to the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code: Article L.217-4 of the Consumer Code: “The Seller delivers a good conforms to the contract and is liable for defects in
conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. » Action resulting from lack of conformity is prescribed within two years from delivery of the Product. The legal guarantee of conformity applies independently of any commercial guarantee.

Article 14. Customer account

The Buyer, if he wishes, can create a customer account allowing him to access numerous advantages: order more quickly, save different addresses, track his orders, etc. To create a customer account, the Buyer must provide the following information:
- First and last name
- Mail address
- Choice of a password

The Buyer has the option of creating an account with his Facebook or Google account. All data collected during the creation of the customer account is processed in accordance with Article 15. The Buyer with a customer account is obliged to connect to it to place an order for Products on the Site. Furthermore, in accordance with Article 15 and the Seller's Confidentiality Policy, a customer account is automatically created for any Buyer ordering Products and who does not yet have a customer account. This customer account will then be essential for all future product orders. If the account becomes inaccessible to its holder, the latter may report this to the Seller's services by contacting customer service.

Article 15. Personal data

In accordance with the law relating to data processing, files and freedoms of January 6, 1978 as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons With regard to the processing of personal data and the free movement of this data, the Buyer's personal information may be subject to automated processing by the Seller. The processing of certain personal data of the Buyer is mandatory to order the Products, but also to create a customer account and subscribe to the newsletter. For more information on the processing of the Buyer's personal data, the latter is invited to consult the Seller's Confidentiality Policy (here) which is an integral part of these General Conditions of Sale.

Article 16. Cookies

When browsing the Site, the Buyer is required to consent to the use of cookies by the Seller. For more information on cookies, the Buyer is invited to consult the Seller's Confidentiality Policy (here) which is an integral part of these General Conditions of Sale.

Article 17. Intellectual property

All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, design marks and copyrights are and remain the exclusive property of the Seller . Unless otherwise stated, the intellectual property rights on the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, the latter not granting any license or any right other than that of consulting the Site and place an order for Products. The reproduction of any page or content of said Site by the Buyer or any third party is subject to prior written authorization from the Seller. The reproduction of all documents published on the Site is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited by the Seller. It is prohibited to use brands, images or any other element over which the Seller holds intellectual property rights. It is also prohibited to copy, modify, create a derivative work, reverse design or assembly or otherwise attempt to discover the source code (except as permitted by law), sell, assign, under -license or transfer in any way any rights relating to the Site. It is also prohibited to modify the Site or use modified versions of the Site and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the Site and accessing the Site by any means other than through the interface which is provided to the Buyer by the Seller for this purpose. The Site as well as any possible software necessarily used in connection with it may contain confidential information protected by the intellectual property rights in force or any other law. The Buyer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Seller's site, must request prior written authorization from the Seller who reserves the right to refuse it without specific motivation. In all cases, any unauthorized link must be removed upon simple request from the Seller.

Article 18. Liability

The Products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of a third country where the Product is delivered. It is up to the Buyer to check with local authorities the possibilities of import or
of use of pre-ordered or ordered products. The Seller cannot be held responsible for damage resulting from improper use of the Product by the Buyer or any third party. The nutritional composition of each Product being clearly displayed on the Site, on each order as well as on the Products, the Seller cannot be held responsible for any intolerances or allergies of the Buyer. The Seller cannot be held liable for any inconveniences or damages inherent to the use of the Internet, in particular a breakdown in service, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site. Finally, responsibility
of the Seller could not be incurred in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French jurisprudence, or due to the Buyer (article L. 221-15 of the Consumer Code).

Article 19. Force majeure

In the event of the occurrence of a force majeure event or a fortuitous event, due to the other party or a third party or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electrical network, without this list being exhaustive, the liability of the Buyer or the Seller cannot be sought if the execution of the contract is delayed or prevented.

Article 20. Archiving and proof

The Seller archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1360 of the Civil Code. The Seller's computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 21. Dispute

In the event of a dispute, the Buyer must first contact the Seller's customer service by email (info@basicbrand.ch). In the event of failure of the complaint request to customer service or in the absence of a response within two months, the Buyer may submit the dispute between him and the Seller to the E-COMMERCE MEDIATOR SERVICE OF THE FEVAD (http://www.mediateurfevad.fr/) which will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching a solution. The Buyer and the Seller remain free to accept or refuse recourse to the settlement of a dispute through mediation as well as to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court to resolve the conflict is that of the defendant's domicile or that of the place of actual delivery of the Product. The language of these General Conditions of Sale is French. These General Conditions of Sale are therefore subject to French law.

Article 22. Duration

These conditions apply throughout the duration of the posting of the Products offered for sale by the Seller.

Article 23. Domiciliation

The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address appearing on the site for the Seller.

Article 24. Nullity

If any of the clauses of these General Conditions of Sale prove to be void with regard to a rule of law in force or a judicial decision which has become final, it will then be deemed unwritten, without however resulting in the nullity of the of all of the General Conditions of Sale nor alter the validity of its other provisions.