Terms and conditions
ARTICLE 1 – PURPOSE – SCOPE
These general conditions of sale contain the conditions of use of the website www.cho-nature.com (hereinafter "the Site") as well as the general conditions of sale of the products sold by CHO Nature (hereinafter the " Products”) to the Customer via the Site (hereinafter “the Conditions”).
Prior to using the Site, the Customer is required to carefully read these Conditions. By using the Site or by placing an order on the latter, the Customer accepts, unless evidence to the contrary that he can report, to be bound by these Conditions.
These general conditions are applicable to all contractual relations between CHO Nature and its customers, hereinafter referred to as "the Customers" or "the Customer".
ARTICLE 2 – COMMERCIAL NAME – CONTACT DETAILS
The sale of the Products is carried out under the commercial name "CHO Nature" by C-H-O SAS, whose registered office is located at lot 108 avenue de la quiéra 06370 Mouans Sartoux (France), registered with the RCS of Cannes under the number 511 230 815 .
The Client can contact CHO Nature, either at the aforementioned address or at the following email address: firstname.lastname@example.org.
ARTICLE 3 - ACCESS TO THE SITE - REGISTRATION
Access to the home page of the Site as well as to its content is free without the prior creation of an account being required. Placing an order for Products on the Site can be done either via the prior creation of an account on the Site, or as a guest, without the creation of an account being necessary.
The creation of an account on the Site as a Customer implies the fact of having previously read and accepted without reservation these Conditions.
The Conditions contain the conditions of use of the Site and the sale of the Products by CHO Nature. Before validating the creation of his account, the Customer will be asked to confirm that he has actually read them and that he accepts them, unless there is proof to the contrary that he can provide.
CHO Nature may, at any time, modify and adapt these Conditions in order to:
a) to bring them into compliance with the legislative or regulatory provisions in force or in the process of being adopted to which it is subject;
b) to make them compliant with any decision rendered by a judicial or arbitration court, or issued by any other competent authority and whose decisions are binding on it;
c) to correct any clerical error.
The applicable Conditions will be those in force at the time of use of the Site or the conclusion of the Contract.
Without prejudice to the applicable legislative and regulatory rules, CHO Nature will notify any modification and/or adaptation of the Conditions, or of any other rule relating to the use of the Site by means of a message addressed to Customers through the Site and this, fifteen days at the latest before the entry into force of the modification or adaptation in question.
This notification will be doubled, in the event that the adaptation or modification that CHO Nature intends to operate would entail a substantial modification of the obligations of the Customers or having a significant impact on the operating methods of the Site, by an email addressed to the Customers on the email address provided when registering.
The Customer who does not wish to give his consent to the modifications made remains free to request the deletion of his account on the Site by sending, for this purpose, a request to the address email@example.com
ARTICLE 4 - USER/CUSTOMER OBLIGATIONS
Any Customer and any user of the Site undertakes:
• to be an adult or a minor with parental consent;
• when creating an account on the Site, to provide accurate information;
• to create and maintain only one account on the Site;
• not to use the Site and/or its account on the Site fraudulently or for fraudulent purposes;
• to comply with applicable laws and regulations.
All Customers and all users undertake to communicate and use data:
• accurate, i.e. not misleading and not erroneous;
• which are not contrary to public order or morality;
• which do not contain viruses, programs or computer files which could (i) disrupt the normal operation of the Site, (ii) cause damage to the computer equipment of CHO Nature, other Customers and Internet users in general and consequently lead to harm to these people;
• do not offer links to other websites or applications that provide services similar to those offered by CHO Nature.
Customers will ensure the confidentiality of their username and password. They will constantly update the information concerning them on their account.
ARTICLE 5 – RESTRICTION OF ACCESS TO THE SITE
CHO Nature reserves the right to prohibit access to all or part of the Site to any Internet user or Customer who, and without this list being exhaustive:
• breaches these Terms;
• would harm in one way or another the reputation of the Site, or of CHO Nature;
• infringe the intellectual rights of third parties or of CHO Nature;
• would use the Site for illicit, offensive, racist, indecent, threatening or fraudulent purposes.
CHO Nature also reserves the right to sue these same people and claim compensation for the damage that may have been caused to it on this occasion.
ARTICLE 6 - AVAILABILITY OF PRODUCTS
All Product orders are subject to product availability.
If the Products are no longer in stock following the placing of the order by the Customer, CHO Nature will inform the Customer as soon as possible and, in the event that a payment has already been made, CHO Nature will reimburse this payment. to the Customer through the same payment method used by the Customer to make the payment.
ARTICLE 7 – PRICE - PAYMENT
The prices are denominated in euros, including VAT but excluding any customs fees, which remain the responsibility of the Customer. The customer is required, in this respect, to find out about the possible application of customs charges.
The prices are those indicated on the Site in the description of each Product, except in the event of manifest error.
If CHO Nature detects an error in the price of the Product(s) ordered, it will inform the Customer of this as soon as possible and will offer him either to confirm his order at the correct price, or to cancel it. If CHO Nature is unable to obtain a response from the Customer on the alternative offered to it within eight calendar days, it will cancel the order and refund the amount paid.
Prices do not include delivery charges. These are referred to in Article 9.
Payment is only made by credit card. The credit cards accepted are: CB, Visa, Mastercard.
ARTICLE 8 – PLACING OF ORDER
To place an order for Products sold by CHO Nature on the Site, the Customer must connect to the Site, select the Products he wishes to purchase and place them in his shopping cart.
The Customer can then either log in to his account or log in as a guest in order to place the order.
The total amount of the order, all taxes included, plus delivery costs, is included in a summary of the order and the Customer is then invited to confirm his willingness to pay for the order in accordance with the means put in place for this purpose and referred to in article 7. He must also accept the Conditions.
Once the payment has been made, the Customer receives confirmation of his order by email.
ARTICLE 9 - DELIVERY
After confirmation of the order by the Customer and subject to full payment of the price and delivery costs, CHO Nature will prepare the order.
The shipment will be made within a maximum of two working days from the date of placing the order to the delivery address entered in the order.
The Customer's attention is drawn to the fact that a temporary surplus of orders to be processed may cause a slight delay in delivery.
CHO Nature offers several delivery methods, at the rates applicable when the Contract is concluded. These delivery methods are as follows: at home or at a relay point.
Without prejudice to the provisions relating to the availability of the Products, CHO Nature will make every effort to execute the order placed by the Customer within the period indicated above and, in any case, within a maximum period of thirty days from the date of order confirmation.
If CHO Nature is unable to meet the delivery date for any reason whatsoever, it will inform the Customer as soon as possible and will offer him either to continue the performance of the Contract with a new delivery date, or to terminate the Contract and to reimburse the amounts paid by the Customer.
CHO Nature packs the Products ordered with the greatest care. The Customer is invited to ensure, upon delivery, that the order is intact and complete in the presence of the person making the delivery in order to issue a reservation if necessary. In the event that the Customer has any doubt about the intact and complete nature of the order, he is required to refuse delivery of the order and return the order thus refused to the carrier in its original packaging.
The "delivery" will be considered as having been made, or the order will be considered as having been "delivered", at the moment when the Customer or a third party designated by him will be in physical possession of the Products.
ARTICLE 10 – RETENTION OF OWNERSHIP
The Products sold remain the property of CHO Nature until full payment of the price and delivery costs.
ARTICLE 11 - TRANSFER OF RISKS
The risks related to the Products are transferred to the Customer when the Customer or a third party designated by the latter and other than the carrier takes physical possession of the Products.
ARTICLE 12 – RIGHT OF WITHDRAWAL
• Legal right of withdrawal
The Customer has the right to withdraw from the Contract concluded without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product sold.
To exercise the right of withdrawal, the Customer must notify CHO Nature of his decision to withdraw from the Contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) or use the model of withdrawal form made available to him appearing in the appendix to these Conditions or accessible via the menu at the bottom of the page of the website.
For the withdrawal period to be respected, it is sufficient for the Customer to send CHO Nature his communication relating to the exercise of the right of withdrawal before the expiry of the fourteen-day withdrawal period.
• Effects of withdrawal
In the event of withdrawal, CHO Nature will refund all payments received from the Customer, (with the exception of additional delivery costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive delivery method proposed standard) without undue delay and, in any event, no later than fourteen days from the day on which it was informed of the Customer's decision to withdraw. CHO Nature will proceed with the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed otherwise. In any event, this refund will not incur any costs for the Customer.
CHO Nature reserves the right to defer reimbursement until receipt of the Product(s).
The Customer must return the Product(s) to CHO Nature at the address mentioned in article 2, in a physical store or at a relay point, without undue delay and, in any case, no later than fourteen days after having communicated its decision to withdraw. This deadline is deemed to have been met if the Product is returned before the expiry of the fourteen-day period.
The direct return costs are borne by the Customer.
The Customer will not be entitled to any refund if the Product delivered has been used, if it is not in the same conditions as at the time of delivery (in the original packaging, with the security label intact) or if it has been damaged. He will nevertheless be entitled to reimbursement if the depreciation of the Products results from manipulations necessary to ensure the nature, quality and functioning of the latter.
To be entitled to a refund, the Customer will be required to return the Products in their original packaging and attaching any document, if any, accompanying these Products and imperatively the order summary attached at the time of delivery and the return document.
The return of Products does not allow an exchange for one or more other Product(s). If necessary, the Customer must place a new order on the Site.
ARTICLE 13 – WARRANTY OF CONSUMER GOODS
In accordance with articles 1649bis to 1649octies of the Civil Code, CHO Nature is liable for any lack of conformity which would exist during the delivery of the Product and which would appear within a period of two years from this.
The defect will however be deemed non-existent if, at the time of the conclusion of the contract, the Customer was aware of the lack of conformity or could not reasonably be unaware of it or if the lack of conformity is attributable to him.
It is agreed that the Customer must notify CHO Nature of any lack of conformity, in writing, within a maximum period of two months from the day on which he noticed the defect. Failure to comply with this obligation will result in the loss of the Customer's rights for lack of conformity.
ARTICLE 14 - RESPONSIBILITY
• Management and use of the Site
CHO Nature will ensure that its Site is accessible to Customers and, more generally, to Internet users, continuously and uninterrupted. However, CHO Nature reserves the right, at any time and without notice, to interrupt access to the Site, in particular for technical reasons and to suspend its services accordingly.
Except in the event of fraud or gross negligence on its part, or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, CHO Nature cannot be held responsible for any harmful consequences. whatever they are (for example, loss of opportunity, loss of time, loss of profit, etc.) which could result from these interruptions.
Except in the event of fraud, gross negligence or, apart from the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, CHO Nature declines all responsibility in the event of error, omission or inaccuracy of the information provided on the Site. In addition, in the event that the Site contains hypertext links to content from third parties, CHO Nature cannot guarantee the quality or accuracy of this content and cannot be considered as approving this content.
CHO Nature is not responsible for the management by Customers of their username and password, nor for the management of their account.
• Limitation of liability
The liability of CHO Nature cannot, except in the event of fraud, gross negligence or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, be engaged.
The choice and purchase of a product or service are placed under the sole responsibility of the c
Customer. The total or partial impossibility of using the products due to incompatibility of the material or the commission of an error on the part of the customer in the choice of the nature of the product, its capacity, cannot give rise to any compensation, reimbursement or questioning of CHO Nature's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal envisaged under the preceding articles.
ARTICLE 15 - FORCE MAJEURE - CONDITIONS
CHO Nature will not be responsible for the non-execution or delay in execution of any of its obligations when this non-execution is due to a case of force majeure in the sense that this concept is understood by the French courts and tribunals.
For the application of this clause, the following are considered in particular as cases of force majeure or fortuitous events and constitute causes of suspension or extinction of the obligations of CHO Nature: fires, natural disasters and exceptional climatic events, labor disputes at its subcontractors and suppliers, exceptional difficulties and impossibilities to use the means and channels of transport, orders or commands from French, European or foreign public authorities, changes in French, European or foreign regulations, accidents affecting the production and storage of products, total or partial interruption of supply, carrier failure, epidemics and pandemics, machine breakdown, war, acts of third parties or any external event of a to delay, to prevent the fulfillment of commitments made...
In the event of force majeure, CHO Nature's contractual obligations will be suspended for the duration of the force majeure and its execution deadlines will, if necessary, be extended by a period equivalent to that of the duration of the case of force. major. If the case of force majeure results in a definitive impossibility of performance of the contractual obligations of CHO Nature, CHO Nature will be released from them. CHO Nature will notify the Customer by email.
In addition, if due to circumstances beyond its control, CHO Nature sees the performance of its obligations made impossible or simply more onerous or difficult, CHO Nature and the Client undertake to negotiate in good faith.
ARTICLE 17 - COMMUNICATIONS
Any communication to be made with regard to the Customer will be deemed to have been correctly made if it is sent to the electronic or postal address indicated by the Customer when concluding the Contract.
ARTICLE 18 – PROTECTION OF PERSONAL DATA
CHO Nature undertakes not to disclose to third parties the information provided by customers on the site. This information will only be used strictly by CHO Nature in order to promote the CHO Nature brands and to inform customers of promotional operations, news and events concerning the two brands.
In accordance with the law "Informatique et Libertés" of January 6, 1978, the customer has at any time a right to access, modify, rectify and delete data concerning him.
Following the first order, the customer will receive, depending on the choices he has indicated, information (“Newsletter”) relating to products and/or events concerning the CHO-NATURE brands.
The customer can then modify his choices by clicking on the link at the bottom of each Newsletter or by going to the personalized pages of his Customer Area by clicking on the “unsubscribe” link.
You can also make a request to our services by post to the address mentioned in art 12 or by email in the Contact section of the site www.cho-nature.com.
ARTICLE 19 - WAIVER
No waiver on the part of CHO Nature to any of its rights can only be deduced from the express, certain and written expression to this effect.
ARTICLE 20 - NULLITY
The invalidity of any of the clauses of these Conditions will be limited to the invalid clause and will not affect the rest of these Conditions.
ARTICLE 21 - APPLICABLE LAW
The use of the Site as well as any Agreement entered into through the Site are governed by French law.
ARTICLE 22 – ONLINE SETTLEMENT OF CONSUMER DISPUTES
In accordance with article 14 of European regulation 524/2013 of May 21, 2013 relating to the online settlement of consumer disputes, CHO Nature communicates here the link to the online dispute resolution platform (RLL): http:/ /ec.europa.eu/odr
ARTICLE 23 – COMPETENT COURTS
Any dispute relating, directly or indirectly, to the use of the Site, the conclusion, the execution, or the interpretation of the Agreements concluded through the Site will fall within the jurisdiction of the courts of Cannes (France).