Terms and Conditions of Sale
01
Preamble
Rigazo is wholly owned by Labophyto, together with all associated rights.
Any reproduction, whether in whole or in part, is systematically subject to prior authorisation from Labophyto. However, hyperlinks to the website are permitted without any specific request for authorisation.
02
Acceptance of the Terms and Conditions
The Customer acknowledges having read the following General Terms and Conditions of Sale when placing an order and expressly declares that they accept them without reservation.
These General Terms and Conditions of Sale shall prevail over any other terms appearing in any other document or on any other page of the website, unless a prior, express and written exemption has been granted.
These conditions apply exclusively to natural persons acting in a non-commercial capacity, aged at least 18 years and legally capable of entering into a contract.
Labophyto reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of a modification, the terms and conditions in force on the date the order is placed shall apply to that order.
03
Products
Photographs illustrating the products are provided primarily for information purposes and shall not be binding on Labophyto.
As the products sold are technical products, their relevant contractual description is provided in the technical specifications and manufacturers' references accompanying the product presentation.
04
Orders
The automatic recording systems implemented by Labophyto are considered valid evidence of the nature, content and date of the order.
The Customer may modify their shopping basket before final confirmation, this stage formally defining the scope of the offer made to the Customer by Labophyto.
Labophyto confirms acceptance of the order by sending an email to the address provided by the Customer. The sale shall only be concluded once the order has been confirmed and the Customer has paid the agreed price in full.
Labophyto reserves the right to cancel any order placed by a Customer with whom a dispute exists.
The information provided by the buyer when placing an order is binding upon them. In the event of an error in the recipient's contact details, the seller shall not be held responsible if delivery of the product becomes impossible.
Above a certain order value, Labophyto.com reserves the right to request supporting documents from its customers in order to prevent fraudulent orders. This request, which is not systematic, mainly concerns orders of significant value or orders for which assessment systems ("scoring") have detected "potential fraud". It is generally made when there is doubt concerning the Customer's identity, age, address or the holder of the payment method.
05
Delivery and Shipping Costs
Several delivery methods are offered to the Customer when confirming their order:
- Tracked Letter: shipping costs €4.99, free for purchases of €90 or more.
- DPD Pickup Point: shipping costs €9.00, free for purchases of €90 or more.
- DPD Predict (home delivery): shipping costs €9.50, free for purchases of €120 or more.
- Colissimo (home delivery): shipping costs €11.90.
The applicable shipping costs are displayed to the Customer before final confirmation of the order, depending on the selected delivery method and the value of their shopping basket.
06
Withdrawal / Returns / Exchanges
All items may be exchanged or refunded, except those expressly stated otherwise, such as items that have been personalised at the Customer's request.
- The Customer must submit an exchange request within 15 days of receiving or collecting the parcel. The item to be returned must be intact, complete and packaged. The cost of reshipping shall be borne by the Customer.
- The purchase price of the products shall be refunded within 30 days of their receipt by Labophyto.
- In the event of abnormal or abusive returns, Labophyto reserves the right to refuse subsequent orders.
- To ensure better processing of an exchange or refund request, the Customer is invited either to use the relevant section of their personal "My Account" area accessible on the website or to contact Customer Service directly (by email or telephone at the cost of a local call). For postal requests, you may use the withdrawal form below, which must be sent to LABOPHYTO, 638 Route de Villefranche - La Buissonnière RN6 - 69480 ANSE, France:
Withdrawal Form
For the attention of Labophyto Customer Service
I hereby notify you of my withdrawal from the contract relating to the sale of:
Ordered on:
Order number:
I acknowledge that my exchange request must be submitted within 15 days of receiving or collecting the parcel, that the item to be returned must be intact, complete and packaged, and that the cost of reshipping shall be borne by me. I therefore request cancellation of the contract and reimbursement of all amounts paid.
Name and address:
Signature
07
Prices
Prices are indicated in euros, inclusive of all taxes.
These prices exclude the flat-rate contribution towards shipping costs.
They take into account the VAT rate applicable on the date of the order. Any change in the applicable rate may be reflected in product prices. However, prices cannot be modified once the Customer's order has been confirmed.
Similarly, if one or more taxes or contributions, particularly environmental taxes, are introduced or modified, whether increased or decreased, this change may be reflected in the selling price of the items.
The prices displayed on the website are guaranteed for the duration of their publication and subject to product availability.
08
Payment
The price invoiced to the Customer is the price indicated in the order confirmation sent by Labophyto. The price of the products is payable in full on the date the order becomes effective.
7.1. Bank Card
If payment is made by a bank card bearing the CB logo, through the secure environment provided by Crédit Agricole, a debit request is sent to the Customer's bank via Crédit Agricole's Electronic Payment Terminal. An order confirmed by the Customer shall only be considered effective once the relevant banking payment centres have authorised the transaction. If authorisation is refused, the order shall be automatically cancelled and the Customer notified by email.
7.2. Cheque
If payment is made by cheque, the Customer must send their payment together with a copy of the order notification by post, or indicate their order number on the back of the cheque. The cheque must be sent to LABOPHYTO, 638 Route de Villefranche - La Buissonnière RN6 - 69480 ANSE, France. The order shall be considered effective on the date the cheque, made payable to LABOPHYTO, is successfully cashed.
7.3. Bank Transfer
If payment is made by bank transfer, the Customer must carry out the transfer through their bank's usual procedure. Labophyto's bank details will be communicated electronically. The order shall be considered effective once the payment has been recorded as received in Labophyto's bank account.
7.4. Payment via PayPal
If payment is made via PayPal, the Customer completes the transaction without ever disclosing their banking details. An order confirmed by the Customer shall only be considered effective once PayPal has granted authorisation. If PayPal refuses authorisation, the order shall be automatically cancelled and the Customer notified by email.
09
Disputes
This contract is governed by French law.
Labophyto shall not be held responsible for damage of any kind, whether material, non-material or bodily injury, resulting from malfunction or improper use of the products sold.
In all circumstances, Labophyto's liability shall be limited to the amount of the order and shall not be incurred for simple errors or omissions that may remain despite all precautions taken in the presentation of the products.
In the event of difficulties in the application of this contract, the buyer may, before taking legal action, seek an amicable solution, particularly with the assistance of a professional association in the relevant sector, a consumer association or any other adviser of their choice.
It is recalled that seeking an amicable solution does not interrupt the "short time limit" of the statutory warranty or the duration of the contractual warranty. It is also recalled that, as a general rule and subject to the courts' assessment, compliance with the provisions of this contract relating to the contractual warranty requires the buyer to fulfil their financial obligations towards the seller.
Complaints or disputes will always be received with careful consideration, with good faith always presumed on the part of anyone who takes the trouble to explain their situation.
As a last resort, the parties expressly agree to submit disputes to the competent courts of the relevant judicial district.
10
Statutory Warranty
Independently of the commercial warranty, and in accordance with applicable regulations, Labophyto undertakes to comply with its obligations relating to the warranties attached to products sold on its website, as set out in the following extracts from the French Consumer Code and the French Civil Code:
French Consumer Code - Article L211-4
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where installation was the seller's responsibility under the contract or was carried out under the seller's responsibility.
French Consumer Code - Article L211-5
To conform to the contract, the goods must:
1) Be suitable for the purpose normally expected of similar goods and, where applicable:
- Correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
- Possess the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, particularly in advertising or labelling.
2) Or possess the characteristics agreed upon by the parties or be suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller.
French Consumer Code - Article L211-12
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
French Civil Code - Article 1641
The seller is bound by a warranty against hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price, had they been aware of the defects.
French Civil Code - Article 1648
Any action arising from redhibitory defects must be brought by the buyer within two years of discovering the defect.
11
Commercial Warranty
Labophyto guarantees that all selected products are manufactured in compliance with the professional standards in force at the time of their manufacture.
Under no circumstances shall Labophyto be held responsible for non-compliance with the regulations and legislation in force in the country of delivery. Labophyto's liability shall systematically be limited to the value of the product concerned, calculated on the date of invoicing.
12
Legal Information
Providing the personal information collected for distance selling purposes is mandatory, as this information is essential for processing and delivering orders and for preparing invoices and banking documents. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act ("Informatique et Libertés"), the Customer has the right to access, modify, rectify and delete personal data concerning them, which may be exercised by contacting Labophyto. Furthermore, Labophyto undertakes not to disclose its Customers' contact details to third parties.
Publisher: The Labophyto.com website is produced by Labophyto, a simplified joint-stock company (SAS) with share capital of €5,000, registered with the Lyon Trade and Companies Register under number RCS 524 499 191. Its registered office is located at La Buissonnière - RN6 - 638 Route de Villefranche - 69480 ANSE, France.
For any enquiries, you may contact us by telephone (from France on +33 (0)4 78 34 22 84), by post (LABOPHYTO, 638 Route de Villefranche - La Buissonnière RN6 - 69480 ANSE, France) or via the online contact form: Contact.