TERMS OF SALE
1. Purpose and seller identity
These Terms of Sale (the “Terms”) govern the sale of products on the CELLFOOD® France website between:
NAVOTI SAS, registered with the Tours Trade and Companies Register under number 492 546 536, with its registered office at:
ZA Polaxis – Avenue de Boulnay
37360 Neuillé-Pont-Pierre – France
Phone: +33 2 34 74 43 10
Email: cellfood@navoti.com
hereinafter “the Seller,”
and any natural person acting for purposes outside the scope of their professional activity, hereinafter “the Customer.”
These Terms apply to any order placed on the CELLFOOD® France website.
Placing an order implies the Customer’s unreserved acceptance of these Terms.
2. Products
The products offered for sale are those shown on the Website on the day the Customer visits it, while stocks last.
The essential characteristics of each product are presented on its product page.
CELLFOOD® products marketed as dietary supplements are not medicines and can’t replace a varied, balanced diet or a healthy lifestyle.
Product photographs and illustrations are intended to represent the products as accurately as possible. However, slight differences in presentation, packaging or labeling that don’t affect the product’s essential characteristics may occur.
3. Product availability
Offers are valid while stocks last.
If a product becomes unavailable after the order has been confirmed, NAVOTI will inform the Customer as soon as possible.
Depending on the situation, the Customer may accept a new delivery time, choose another product when an alternative is offered, or request cancellation and a refund for the unavailable product.
In the event of cancellation, the amounts paid for the unavailable product will be refunded in accordance with the applicable legal provisions.
4. Prices
Product prices are shown in euros, including all taxes (VAT included).
The applicable price is the one displayed on the Website when the order is confirmed.
NAVOTI reserves the right to change its prices at any time. Any price change has no effect on an order that has already been confirmed.
Any shipping costs are shown separately before the order is finally confirmed.
For deliveries outside the European Union or to certain territories, customs duties, local taxes or import duties may apply. Any such costs are payable by the Customer, who should check with the relevant authorities in the delivery country.
5. Orders
The Customer selects the products they wish to buy and adds them to their cart.
Before the order is finally confirmed, a summary allows them to check in particular:
- the products and quantities ordered
- the price of the products
- any discounts
- shipping costs
- the delivery and billing address
- the total order amount
The Customer can correct any errors before proceeding to payment.
Final confirmation of the order creates an obligation to pay.
The Customer acknowledges having read and accepted these Terms before confirming their order.
An order confirmation is sent to the Customer by email to the address provided when ordering.
The Customer is responsible for the accuracy of the information provided when ordering, in particular their email address and delivery address.
6. Payment
Orders are paid online through the secure Stripe payment solution.
The payment methods actually available are shown to the Customer when ordering.
The order is considered finally confirmed once payment has been confirmed.
If payment is refused or fails, the order may be automatically canceled.
NAVOTI has no access to the confidential banking details entered by the Customer on the payment provider’s secure interface.
7. Delivery
7.1 Delivery areas
Products are delivered to the countries and territories offered to the Customer when ordering.
If a destination isn’t available during the ordering process, delivery to that destination can’t be made.
7.2 Shipping costs
For delivery within mainland France, shipping costs are:
€4.90 (VAT included) for any order under €100 (VAT included).
Shipping is free for orders of €100 or more (VAT included).
For other destinations, the applicable shipping costs are shown to the Customer before the order is finally confirmed and paid.
7.3 Delivery times
For products in stock, typical delivery times are approximately:
2 to 3 business days for mainland France
about 10 days for international deliveries
These times may vary depending on the destination, the carrier, peak periods or customs formalities.
Where required, the delivery time or date applicable to the order is communicated to the Customer before it’s confirmed.
If no delivery date or time is specified, delivery will take place no later than 30 days after the contract is concluded, in accordance with the applicable legal provisions.
In the event of late delivery, the Customer benefits from the rights provided for by the French Consumer Code.
7.4 Delivery address
The order is delivered to the address provided by the Customer when ordering.
The Customer must check that this address is accurate and complete.
NAVOTI can’t be held responsible for any delay or failure to deliver resulting from incorrect or incomplete information provided by the Customer.
If the parcel is returned to NAVOTI, for example due to an incorrect address or a parcel not collected within the allotted time, a new shipment may be offered. The new shipping costs may be charged to the Customer when they result from a cause attributable to them.
8. Receiving the order
On receiving their order, the Customer is invited to check the condition of the parcel and that the products received match the order.
If the parcel is visibly damaged, the Customer is invited to express reservations to the carrier and to contact NAVOTI as soon as possible at:
Not expressing reservations at the time of delivery doesn’t deprive the Customer of their rights under the applicable legal guarantees.
9. Right of withdrawal
In accordance with the French Consumer Code, the Customer has 14 days from receipt of their order to exercise their right of withdrawal, without having to give a reason.
When several products from the same order are delivered separately, this period starts from receipt of the last product.
To exercise the right of withdrawal, the Customer must inform NAVOTI of their decision by means of a clear and unambiguous statement or use the model form at the end of these Terms.
The request can be sent:
By email: cellfood@navoti.com
By mail:
NAVOTI
ZA Polaxis – Avenue de Boulnay
37360 Neuillé-Pont-Pierre
France
10. Exceptions to the right of withdrawal
In accordance with the exceptions provided for by the French Consumer Code, the right of withdrawal can’t be exercised in particular for goods that have been unsealed by the Customer after delivery and can’t be returned for health protection or hygiene reasons, where this exception applies to the product concerned.
This exclusion therefore doesn’t automatically apply to any product whose outer packaging has simply been opened.
Products likely to deteriorate or expire rapidly may also fall under the exceptions provided for by law.
The applicable exceptions are interpreted in accordance with the provisions of the French Consumer Code.
11. Returning products
After notifying their decision to withdraw, the Customer has 14 days to return the products concerned.
Products must be sent to:
NAVOTI – CELLFOOD Returns
ZA Polaxis – Avenue de Boulnay
37360 Neuillé-Pont-Pierre
France
Direct return costs are payable by the Customer.
The Customer is responsible for any decrease in the value of the product resulting from handling other than what’s necessary to establish its nature, characteristics and proper functioning.
12. Refunds in case of withdrawal
If the right of withdrawal is validly exercised, NAVOTI will refund the amounts paid for the returned products and, when the entire order is returned, the initial shipping costs corresponding to the standard delivery method offered.
Any additional costs resulting from the Customer choosing a more expensive delivery method than the standard one aren’t refunded.
The refund is made no later than 14 days from the date on which NAVOTI is informed of the decision to withdraw.
However, NAVOTI may withhold the refund until it has received the products back or until the Customer has provided proof of having sent them, whichever is earlier.
The refund is made using the same payment method as the one used for the order, unless the Customer expressly agrees to another refund method.
These rules reflect the current legal framework for distance selling.
13. Legal guarantees
The products sold benefit from the legal guarantees provided for by the regulations, independently of any commercial guarantee.
13.1 Legal guarantee of conformity
NAVOTI is required to deliver goods that conform to the contract.
The consumer Customer has two years from delivery of the goods to invoke the legal guarantee of conformity under the conditions set out in the French Consumer Code.
When the legal conditions are met, the Customer may in particular request repair or replacement of the goods. Conformity must be restored free of charge within no more than 30 days of the request.
When repair or replacement is impossible, or in the other situations provided for by law, the Customer may obtain a price reduction or termination of the contract.
To invoke the legal guarantee of conformity, the Customer can contact:
13.2 Guarantee against hidden defects
The Customer also benefits from the legal guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
This guarantee applies when the hidden defect existed at the time of sale and makes the product unfit for its intended use, or so reduces its usefulness that the Customer wouldn’t have bought it, or would have paid a lower price, had they known about it.
Any claim for hidden defects must be brought within two years of discovering the defect.
14. Liability
NAVOTI is responsible for the proper performance of the obligations arising from the contract concluded with the Customer, in accordance with the applicable legal provisions.
However, NAVOTI can’t be held responsible for non-performance or improper performance of the contract attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.
The Customer must follow the directions for use, precautions and recommended doses shown on the products and their documentation.
The information provided on the Website about dietary supplements is for information purposes only and doesn’t constitute a diagnosis or medical advice.
If in doubt about their health, ongoing treatment, pregnancy, breastfeeding or any particular situation, the Customer is invited to seek advice from a healthcare professional.
15. Personal data
Personal data collected when creating an account or placing an order is processed by NAVOTI in particular for managing orders, payments, delivery and customer service.
Detailed information on the processing of personal data, how long it’s kept and the rights of the people concerned can be found in the Privacy Policy available on the Website.
The Customer has the rights provided for by the applicable data protection regulations.
Information on cookies and other trackers is presented separately on the Website.
16. Intellectual property
The trademarks, names, texts, photographs, illustrations, graphic elements and other content on the Website are protected by the applicable intellectual property provisions.
Any unauthorized reproduction, representation, adaptation or use of all or part of these elements is prohibited, subject to the exceptions provided for by law.
17. Complaints
For any question or complaint about an order, the Customer can contact NAVOTI:
Email: cellfood@navoti.com
Phone: +33 2 34 74 43 10
Mail:
NAVOTI
ZA Polaxis – Avenue de Boulnay
37360 Neuillé-Pont-Pierre
France
NAVOTI will endeavor to find an amicable solution to any complaint.
18. Consumer mediation
In the event of a dispute, the Customer must first send a written complaint to NAVOTI in order to try to resolve the dispute directly with the Seller.
If no amicable solution is found, the consumer Customer may refer the matter free of charge to the consumer mediator NAVOTI is affiliated with:
Médiation de la Consommation FCD
12 rue Euler
75008 Paris
The mediator can also be contacted online on the FCD website:
Contact the FCD Consumer Mediator
The currently appointed mediator is Lauren Pizzio.
19. Applicable law and dispute resolution
These Terms and the contracts concluded on the Website are governed by French law, without prejudice to any mandatory provisions that may apply to consumers residing in another country.
In the event of a dispute that couldn’t be resolved amicably or through mediation, the competent courts will be determined in accordance with the applicable legal rules.
20. Changes to the Terms
NAVOTI reserves the right to amend these Terms, in particular to reflect changes to the Website, its services or the regulations.
The Terms applicable to an order are those accepted by the Customer when confirming that order.
The Customer is invited to keep a copy of the Terms applicable to their order on a durable medium.
APPENDIX — MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To:
NAVOTI – CELLFOOD
ZA Polaxis – Avenue de Boulnay
37360 Neuillé-Pont-Pierre – France
Email: cellfood@navoti.com
I hereby give notice that I withdraw from my contract for the sale of the following product(s):
Product(s): ............................................................................
Order number: ............................................................
Ordered on: ........................................................................
Received on: .................................................................................
Customer name: .......................................................................
Customer address: ...................................................................
......................................................................................................
Date: .......................................................................................
Customer signature (only if sent on paper):
......................................................................................................