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Slim36’S GENERAL TERMS AND CONDITIONS OF SALE
The purpose of Slim36’s general terms and conditions of sale (hereafter “GSC”) - the full contact details of which are available by clicking here http://www.slim36.com/en/shop/contact/?language=en (hereafter “Slim36”) - are to define Slim36’s rights and obligations and those of the Client (such as defined hereafter) in the context of the sale of the Products on the Website http://www.slim36.com/en/?language=en (hereafter the “Website”) edited and exploited by Slim36.
The general terms and conditions of use of the Website and the services freely accessible from the latter are defined in Slim36’s general terms and conditions of use, available by clicking here http://www.slim36.com/en/shop/cgu/?language=en .
The conditions of use of the remunerated services accessible on the Website are defined in Slim36’s General Terms and Conditions of Services, available by clicking here http://www.slim36.com/en/shop/cgs/?language=en .
Slim36’s client service may be contacted at the following address: email@example.com
Slim36 reserves the right to modify these GSC at any time. Any new version of the latter shall be communicated to the Client prior to the finalization of the Order. The Client who does not wish that their final Order be governed by these new GSC shall refrain from placing an Order on the Website.
The GSC applicable are those published on the Website at the time of the Order.
The following terms, whether they are used in the singular or the plural in these GSC shall have the following definition:
· Products : shall mean the products commercialized by Slim36 from the Website;
· Website : shall mean the Website edited by Slim36 accessible via the URL address http://www.slim36.com/en/?language=en ;
Slim36 proposes that the Client proceed with the acquisition of the Product(s) of their choice offered on the Website.
Le Client may, prior to his Order, be informed, directly from the Website, of the characteristics of the Product(s) that they intend to order.
The Orders may only be delivered on the European territory. The Orders that do not meet these geographical restrictions may not be taken into consideration.
The Orders placed on the Website may only be made for personal purposes as declared and acknowledged by the Client. In this regard, Slim36 reserves the possibility to limit the number of Orders placed, as too numerous a number of orders would suggest the commercial use of said Products.
These restrictions may apply to the Orders placed via the same credit card, or using the same invoicing and/or shipment address.
The Client shall undertake not to resell the Products and Slim36 reserves the right to prohibit the sales to any Client proceeding with Product resales.
In order to place an Order, the Client must visit the Website, proceed with the acquisition of the Product(s) of their choosing, by clicking on the “Add to Basket” button, whilst specifying the number of Products that they intend to purchase.
From the “Basket” page of the Website, the Client shall enter their delivery and invoicing address and expressly accept the terms of these GSC by ticking the appropriate box and then proceed with the payment of the amount of the Order by bank card.
The Order placed by the Client shall only become final as from the actual payment of the amount of the Order by the Client.
Any Order made by a Client on the Website shall be subject to an immediate written confirmation by Slim36, sent by email to the Client.
An email is also sent to the Client to inform them that their Product(s) have been sent.
Slim36 shall undertake to deliver the Products for as long as stocks last.
In the event of the unavailability of Products, the Client shall be informed:
- either, upon the placement of his Order on the Website and the sale shall be terminated;
- or, a posteriori, after payment of the full price, by email, and as soon as possible. Slim36 shall reimburse the price of the unavailable Product(s) on the bank account used for the Order, within a period of thirty (30) days as from the notification sent to the Client.
The prices posted on the Website are mentioned in euros or pound sterling depending on the location of the client, inclusive of all taxes.
Payment shall be made exclusively by bank card (Visa, MasterCard) on the Website.
Payments by PayPal, American Express or any other alternative methods of payment shall not be accepted.
The payment shall be made on the Website via a secure bank platform, which is managed by a third party company. In this context, Slim36 shall not have any payment information concerning the Client and shall not be liable in the event of any fraudulent use of the payment methods used.
Each Product delivery shall be deemed to have been made as from the availability of the package to the Client.
Without prejudice to the Client’s time period to exercise their right of withdrawal, the Client must verify the package upon its arrival and make any reserves, if applicable, or even refuse the package, if the latter is likely to have been opened or if it evidently looks deteriorated. The reserves and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days following the receipt of the Product. The Client shall send a copy of this registered letter with acknowledgment of receipt to Slim36.
The delivery of the Products shall be made by post within the estimated time schedule mentioned on the Website upon placing the Order.
If the delivery date is exceeded by more than 30 days, the Client shall be entitled to cancel the Order of the Product(s), by registered letter with acknowledgment of receipt or in writing on another sustainable support medium, if, after having requested Slim36, according to the same terms, to deliver the Product(s) within an additional reasonable time period, Slim36 has not performed its obligations in this regard.
The Order is considered cancelled on the date of receipt by Slim36 of the letter or written document informing it of this cancellation, unless Slim36 has complied with its obligations prior to such date.
In such situation, Slim36 shall reimburse the Client as soon as possible and at the latest within a period of (14) days as from the receipt of the aforementioned formal notice letter, for the price of the Product(s) included in the Order and the delivery expenses invoiced to the Client.
The delivery amount shall be invoiced to the Client according to the amount mentioned on the Website at the time of the Order.
In accordance with the provisions of Article 16.d. and 16.e of the European Consumer Rights Directive 2011/83/EU:
“Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises contracts as regards of the following:
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of sealed good which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery”.
In this case, the Products commercialized on the Website may be food supplements which may quickly deteriorate or expire.
In any event, these types of Products may not be unpacked and returned as this would involve a significant risk for consumer hygiene and health protection.
In the event whereby the Client would nonetheless intend to exercise their right of withdrawal and that the type of the Products purchased enables this, the Client may decide to withdraw their Order, without any ground being required as justification and during a period of fourteen (14) full days as from the receipt of the Product.
The Client who intends to exercise their right of withdrawal must inform Slim36 at the latest within a period of fourteen (14) as mentioned above, by sending Slim36 the duly completed withdrawal form, by email or by post.
In the event whereby the Client receives several Products in separate packages, under a single Order, this withdrawal period shall begin as from the receipt by the Client of the last Product mentioned on the Order.
As soon as possible as from receipt of the withdrawal form by the Client, thereby materializing their intention to exercise their right of withdrawal, Slim36 shall acknowledge receipt to the Client by email.
The Client, without undue delay and at the latest, within fourteen (14) days as from the communication of his decision to withdraw to Slim36, shall return the Product(s) in question to Slim36 to the postal address mentioned on the withdrawal form and according to the terms mentioned on said withdrawal form and in the attached information letter.
The costs relating to the return of the Product(s) subject to withdrawal shall be exclusively assumed by the Client.
The exercise of the right of withdrawal must be made subject to the Client’s good faith, who, in particular, undertakes to ensure that the Product(s) are returned in proper condition (not spoiled, damaged, tarnished, unpacked), in their original packaging, accompanied by any accessories and documentation, which, in particular, implies that the Product(s) have not been subject to any improper use prior to their return.
The Product(s) returned should also be accompanied with the Order invoice to enable Slim36 to identify the Order and the relevant Client.
The Client shall be liable if the Product is returned damaged to Slim36 or in a condition rendering it unable to be resold or in a depreciated condition as a result of improper handling, beyond that necessary to identify the product type and/or characteristics.
In the event of receipt by Slim36 of Product(s), subject to the withdrawal, that do not enable Slim36 to proceed with the reimbursement, the latter shall inform the Client by email and return the Product(s) in question.
Upon exercise of the right of withdrawal under the conditions defined herein, Slim36 shall reimburse the Client for the price of the Product(s) subject to the withdrawal, including the delivery expenses.
The reimbursement to the Client for the right of withdrawal shall be made by the same means of payment as that used by the Client to purchase the Product(s), i.e., as a transfer to their bank account corresponding to the bank card that they used to make payment, which the Client accepts without reserve, at the latest within a period of fourteen (14) days as from receipt of the relevant Product(s) by Slim36.
Slim36 is obliged to ensure the compliance of the Products and their protection against any latent defects under the conditions of the European Product Liability Directive 85/374/EEC and the Consumer Sales and Guarantees Directive 1999/44/EEC.
When they are taking action for a statutory compliance defect, the Client:
- shall benefit from a period of (2) years as from the issuance of the Product to initiate any action,
- may decide between the repair or replacement of the Product, subject to the cost requisites provided by the Directive,
- is exempt from providing proof of the existence of the good’s compliance defect during the two (2) years following the issuance of the Product.
The statutory compliance guarantee shall apply independently from any commercial guarantee.
The Client may also decide to implement the latent defect guarantee for the Product within the meaning of their Member State law, and in such situation, they may decide either to terminate the sale or a reduction of the sales price in accordance with the applicable law of the state where they live.
For any information, interrogation, complaint of a technical nature or relating to the Products, or any Order, the Client is invited to send their request to the following email address: firstname.lastname@example.org
He may also contact Slim36’s client service at the following number [•] (toll-free number) during the following days and times: from Monday to Friday, from 9:30 to 18:30 and Saturday from 9:30 to 13:30 (GMT +1), excluding public holidays.
Unless specified to the contrary herein, the correspondence exchanged between Slim36 and the Client is mainly made by email.
The Client acknowledges and accepts that the information provided by Slim36 by email shall prevail.
The elements such as the time of receipt or issuance, and the quality of the data received shall prevail by priority as mentioned on the aforementioned supports or such as authenticated by Slim36’s electronic procedures, unless the Client provides written proof to the contrary.
The information posted on the Website shall be considered as an original, in the same manner as a hand-written and signed paper version.
The GSC express the integrality of Slim36’s and the Client’s obligations relating to the purpose thereof. If one of the parties fails to assert the non-compliance by the other party, to any one of the obligations referred to herein, it shall not be interpreted as a subsequent waiver for such obligation.
In the event whereby one or several stipulations hereof were to be considered as null, void or declared as such in accordance with a law, regulation following a final court decision with res judicata, the other stipulations shall remain fully applicable, unless the invalid stipulation(s) were substantive and, accordingly, their removal would jeopardize the contractual equilibrium.
In the event of a difficulty in interpretation between one of the titles of the clauses and one of the clauses, the titles shall be declared non-existent.
These GSC are subject to English law.
In the event of a dispute that may occur in relation hereto, the interpretation and consequences thereof or with any deeds, whether complementary or as a rectification thereto, the Client shall contact Slim36 as an attempt to reach an amicable solution. Any complaint made to Slim36 must be made in writing.
If no amicable agreement is reached, the Client may decide as follows:
1) To have recourse to an amicable mediation solution within a maximum period of one (1) year as from their written complaint filed by the Client with Slim36 either by referring, (i) to a mediator of his choosing, (ii) or to have recourse to an online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage , it being specified that the mediation process proposed shall not be a prerequisite for the Client to refer the matter before the competent courts.
2) To refer their claim before the competent English courts.
Appendix 1: Information concerning the exercise of the right of withdrawal
I. Right of withdrawal
You are entitled to withdraw from these GSC without requiring any reason to be provided, within a period of fourteen days.
The right of withdrawal shall expire fourteen days after the date of conclusion of the agreement.
To exercise the right of withdrawal, you should notify usVICMEDIA LTD, 126 Aldersgate Street, LONDON, United Kingdom, EC1A 4JQof your decision to withdraw from this agreement via a firm declaration (for example, a letter sent by post, fax or email). You may use the template withdrawal form, but it is not obligatory. You may also fill out and post the template withdrawal form or any other final declaration on our website http://www.slim36.com/en/shop/contact/?language=en . If you select this option, we will duly send you a receipt of the withdrawal on a sustainable support medium (for example, by email).
To ensure the respect of the withdrawal period, you should ensure that you communicate your decision to exercise the right of withdrawal prior to the expiry of the required period.
II. Effects of the withdrawal
If you decide to withdraw from this agreement, we shall reimburse you for all the payments made, including the delivery expenses (with the exception of the supplementary fees if you have chosen another delivery method than that of our standard delivery service), promptly and, in any event, at the latest fourteen days as from the date on which you inform us of your decision to withdraw from this agreement. We shall make the reimbursement by using the same means of payment that you used for the initial transaction, unless you make an express request to use a different payment method; in any event, you shall not incur any expenses for this reimbursement.
You should duly return the Product, and in any event, within fourteen days after communicating your decision of withdrawal herefrom. This period shall be considered to have been respected if you return the Product within the fourteen day period.
You shall assume the direct costs for the Product return.
Your liability shall only be incurred with regard to the depreciation of the Product due to improper handling, beyond that necessary to identify the Product type and characteristics and for the proper functioning of this Product.
Appendix 2: Withdrawal form
(Please complete and send this form only if you intend to withdraw from a Product purchase.)
For the attention of VICMEDIA LTD, UK, email@example.com:
I/we (*) hereby notify you of my/our (*) withdrawal from the agreement relating to the sale of goods (*)/for the services below (*):
Ordered on (*)/received on (*):
Consumer(s)’ signature (only in the event of notification of this form in paper format):
(*) Delete as appropriate.
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