HERBA BARONA (hereinafter “the SELLER”) is registered with the trade register under number RCS Paris 488 181 231. Its postal address is 10 rue Théophile Roussel, 75012 Paris, France.

Placing any order for a product featured in the online shop of the website www.paris-herbabarona.com (hereinafter “the SELLER’S SITE”) requires the prior review and acceptance of these terms and conditions of sale. Clicking to confirm the order implies full acceptance of these terms. This click has the value of a “digital signature”.

Purpose

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the SELLER to the consumer.

Order confirmation

The contractual information will be confirmed by email to the address provided by the consumer on the order form.

Proof of the transaction

The computerised records kept in the SELLER’S computer systems under reasonable security conditions are considered proof of communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that may be produced as evidence.

Product information

Every effort has been made to ensure the accuracy of the information presented on the SELLER’S SITE. The SELLER and its suppliers shall not, however, be liable for any consequences, incidents or special damages resulting from electronic transmissions or the accuracy of the information transmitted, even where the SELLER was aware of the possibility of such damages. Product and manufacturer names and trademarks are used for identification purposes only.

Validity of the offer and its price

Our prices are valid for the day.

Delivery & collection

Herba Barona is a shop in Paris. You can collect your order in store using Click & Collect at 10 rue Théophile Roussel, 75012 Paris, or have it delivered to the address indicated on your order form, within the geographical areas we serve.

All products leave our premises in perfect condition. The customer must report to the carrier (or postal worker) the slightest sign of impact (holes, crushing marks, etc.) on the parcel and, where appropriate, refuse the parcel. The exchange of any product declared damaged in transit after the fact, without any reservation having been made on receipt of the parcel, cannot be accepted.

As with any shipment, delays or lost parcels are possible. In such a case, we contact the carrier to open an investigation. Every effort is made, for as long as necessary, to locate the parcel. Where applicable, the merchant will be reimbursed by the carrier and will deliver a new, identical parcel at its own expense. We decline all liability for extended delivery times caused by the carrier, in particular in the event of loss of products, bad weather or strike action.

Delivery problems caused by the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) must be recorded on the delivery note in the form of a “handwritten reservation”, accompanied by the customer’s signature.

The consumer must also confirm this anomaly by sending the carrier, within two (2) working days following the delivery date, a registered letter with acknowledgement of receipt setting out the said claims. The consumer must send a copy of this letter to the SELLER’S ADDRESS. Without this report, we will not carry out any exchange.

Delivery errors

Parcel not received

The consumer must submit to the SELLER, on the day of delivery or at the latest on the first working day following delivery, any claim regarding a delivery error and/or non-conformity of the products in nature or quality compared with the details on the order form. Beyond this period, any claim will be rejected. This claim may be submitted to the SELLER at the SELLER’S ADDRESS.

Any claim not made in accordance with the rules defined above and within the allotted time cannot be taken into account and releases the SELLER from all liability towards the consumer.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the SELLER in full and in its original packaging, in perfect condition, to the SELLER’S ADDRESS. To be accepted, any return must be reported and have the prior agreement of the SELLER, who, in the event of agreement, will resend the parcel to the correct address. Return shipping costs are borne by the SELLER, except where it turns out that the product does not correspond to the original declaration made by the consumer on the return form.

If a parcel is not received, the consumer must notify the seller by email within 10 days of the purchase date on the site for mainland France and Europe; for other destinations, this period is 15 days.

Product warranty

These provisions cannot deprive the consumer of the legal warranty that requires the professional seller to guarantee the consumer against all the consequences of hidden defects in the item sold.

The consumer is expressly informed that the SELLER is not the manufacturer of the products presented on the SELLER’S SITE and that the SELLER disclaims all liability for defective products. Consequently, in the event of damage caused to a person or property by a product defect, only the liability of its manufacturer may be sought by the consumer, on the basis of the information appearing on the packaging of the said product.

Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer — any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, professional or agricultural activity — has a period of fourteen (14) calendar days to exercise their right of withdrawal, without having to give reasons or bear any costs other than those set out below. This period runs from the day on which the consumer, or a third party designated by them, takes physical possession of the products. Where this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

To exercise the right of withdrawal, the consumer notifies the SELLER of their decision by means of an unambiguous statement, before the deadline: by post to HERBA BARONA, 10 rue Théophile Roussel, 75012 Paris, or by email to contact@herbabarona.com. They may use the model withdrawal form reproduced below, although this is not mandatory.

Exclusion applicable to unsealed food supplements

In accordance with Article L.221-28 3° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of health protection or hygiene. As our products are food supplements intended for ingestion, any product whose protective packaging (film, seal, foil or blister) has been opened or removed after delivery cannot be subject to withdrawal, refund, exchange or return.

The right of withdrawal remains fully applicable to products returned new, sealed and unopened, in full and in their complete, intact original packaging, in perfect resale condition. Any damaged product, or product whose original packaging has been deteriorated, will not be refunded, taken back or exchanged.

Return costs

In accordance with Article L.221-23 of the French Consumer Code and after prior information of the consumer, the direct costs of returning the products are borne by the consumer. The return should preferably be reported beforehand to the SELLER’S customer service, then sent to the SELLER’S ADDRESS. A consumer who so wishes may opt for an exchange of the product rather than a refund; in this case, the reshipping costs remain payable by them.

Refund

In the event of a valid exercise of the right of withdrawal, the SELLER refunds the consumer all sums paid, including standard delivery costs — with the exception of additional costs resulting from the choice of a more expensive delivery method than the standard method offered — at the latest fourteen (14) days from the date on which it is informed of the withdrawal decision. In accordance with Article L.221-24 of the French Consumer Code, the SELLER may defer the refund until the products have been recovered, or until the consumer has provided proof of their dispatch, whichever comes first. The refund is made using the same payment method as that used for the order, unless the consumer expressly agrees to another method that does not incur costs for them.

Model withdrawal form

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

To the attention of HERBA BARONA, 10 rue Théophile Roussel, 75012 Paris — email: contact@herbabarona.com:
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
— Ordered on (*) / received on (*): …………………………………
— Order number: …………………………………
— Name of consumer(s): …………………………………
— Address of consumer(s): …………………………………
— Date: …………………………………
— Signature of consumer(s) (only if this form is notified on paper): …………………………………
(*) Delete as appropriate.

Orders outside the European Union or to French overseas territories

Any customs duties, import taxes, local VAT, “octroi de mer” (dock dues) and customs clearance fees that may be required when the parcel enters countries outside the European Union (notably Switzerland) or the French overseas departments and territories are entirely payable by the buyer. They are collected on delivery by the carrier or the local administration and cannot give rise to any refund by the SELLER. Products shipped to these destinations are sold exclusive of tax (VAT exemption — export). In the event of refusal of the parcel or non-payment of these fees resulting in the return of the goods, the shipping and return costs remain payable by the buyer and may be deducted from the refund. The customs declaration (CN23) is drawn up by the SELLER on the basis of the actual value of the order; no under-valuation will be accepted.

Usage rights

The use of the trademarks present on the site is strictly prohibited.

Force majeure

Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an unforeseeable event of force majeure. Any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable and beyond the control of the parties and that could not be prevented by them despite all reasonably possible efforts, will be considered a case of force majeure.

The party affected by such circumstances will notify the other within ten working days of the date on which it became aware of them. The two parties will then, within three months, unless prevented by the force majeure event, examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than one month, these terms and conditions may be terminated by the injured party.

Expressly considered cases of force majeure, in addition to those usually recognised by the case law of the French courts, include: the blocking of means of transport, earthquake, fire, storms, flood, lightning, the shutdown of telecommunications networks, or difficulties specific to telecommunications networks external to customers.

Partial invalidity

If one or more provisions of these terms and conditions are held to be invalid or declared as such under a law or regulation, or following a final decision of a competent court, the other provisions will retain their full force and scope.

Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.

Applicable law

These terms and conditions are governed by French law, both for substantive rules and for formal rules. In the event of a dispute or claim, the consumer will contact the SELLER as a priority to reach an amicable solution.

Protection of personal data

All the data you entrust to us is used in order to process your orders. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978 and the GDPR, you have the right to access, rectify, modify and delete the data you have provided to us. This right may also be exercised online.

Disputes

Any order placed through the SELLER’S SITE constitutes the customer’s acceptance, without any restriction, of the SELLER’S terms and conditions of sale. In the event of a sale to a legal entity, any dispute relating to the sale (price, terms and conditions, products, etc.) will be subject to French law before the Commercial Court of the SELLER’S registered office.