General Terms and Conditions of Sale

Effective from 10/05/2023

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"), wishing to purchase the products offered for sale ("The Products") by the Seller on the website Vigoracare.com.

The main features of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website Vigoracare.com which the customer is required to review before ordering.
The choice and purchase of a product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified at the time of order placement.
These GTC are accessible at any time on the Vigoracare.com website and will prevail over any other document.
The Customer declares having read these GTC and accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure on the Vigoracare.com website.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes evidence of all transactions concluded with the Client.

ARTICLE 2 - PRICE

The Products are provided at the current rates listed on the Vigoracare.com website, at the time the order is recorded by the Seller.
Prices are expressed in Euros, excluding and including tax.
Prices take into account any discounts that may be granted by the Seller on the site Vigoracare.com.
These rates are firm and not subject to revision during their validity period, but the Seller reserves the right to modify the prices at any time outside the validity period.
Prices do not include processing, shipping, transport, and delivery fees, which are charged additionally under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 - ORDERS

It is the Client's responsibility to select on the site Vigoracare.com the Products they wish to order, according to the following terms:
The Customer selects a Product which they add to their cart, a Product that they can delete or modify before confirming their order and accepting these general terms and conditions of sale. They will then enter their details and choose the delivery method. After validating the information, the order will be considered final and will require payment from the Customer according to the specified terms.
Product offers are valid as long as they are visible on the site, subject to available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site Vigoracare.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer will be able to track the progress of their order on the website.

ARTICLE 4 - PAYMENT TERMS

The price is paid via secure payment, according to the following terms:

• payment by bank card

The price is payable in full in cash by the Client on the day the order is placed.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment service provider involved in the banking transactions carried out on the site Vigoracare.com.
Payments made by the Client will only be considered final after the seller has actually received the amounts due.
The Seller will not be required to deliver the Products ordered by the Client if the latter does not pay the full price under the conditions indicated above.

ARTICLE 5 - DELIVERIES

The Products ordered by the Client will be delivered in mainland France.
Deliveries are made within 2 to 3 days to the address provided by the Customer when placing the order on the site.
Delivery consists of transferring physical possession or control of the Product to the Client. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller commits to making their best efforts to deliver the products ordered by the Client within the above-specified deadlines.
If the ordered Products have not been delivered within 25 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be terminated at the written request of the Client under the conditions provided in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded to them no later than fourteen days following the date of contract termination, excluding any compensation or deduction.
In the event of a specific request from the Client regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional billing, based on a quote previously accepted in writing by the Client.
The Customer is required to check the condition of the delivered products. They have a period of 14 days. Maximum withdrawal period from the date of delivery to make claims by email: contact@vigoracare.com, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
The transfer of risks of loss and damage related thereto will only occur when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller's risk except when the Client has chosen the carrier themselves. In this case, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Seller's Products to the Client will only be completed after full payment of the price by the latter, regardless of the delivery date of the said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the provisions of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first good."
The right of withdrawal can be exercised online, using the attached withdrawal form which is also available on the website, or by any other clear statement expressing the intention to withdraw, including by postal mail sent to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, manual...) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products are not accepted for return.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

The Products supplied by the Seller benefit from:

• of the legal warranty of conformity, for defective, damaged, or broken Products or those not matching the order,
• of the legal warranty against hidden defects arising from a material, design, or manufacturing flaw affecting the delivered products and rendering them unfit for use,

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that conform to the contract and is liable for any non-conformities existing at the time of delivery. They are also responsible for non-conformities resulting from packaging, assembly instructions, or installation when this has been assigned to them by the contract or carried out under their responsibility."

Article L217-5 of the Consumer Code

"The goods conform to the contract:
1° If it is suitable for the use normally expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is subject to a two-year limitation period starting from the delivery of the good."

Article 1641 of the Civil Code.

"The seller is liable under the warranty for hidden defects in the sold item that make it unfit for the intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price, if they had known about them."

Article 1648 paragraph 1 of the Civil Code

"The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the Consumer Code.

"When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or from the availability of the item for repair, if this availability is after the intervention request."
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-compliance of the Products or the existence of hidden defects from the time of their discovery.
The Seller will refund, replace, or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 10 to 15 days following the seller's detection of the non-compliance or hidden defect. This reimbursement may be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which the Client is responsible for verifying,
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as well as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and do not engage the Seller's liability.

The Seller's warranty is, in any case, limited to the replacement or refund of Products that are non-compliant or defective.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the Vigoracare.com site are as follows:

Product Order:
When ordering Products by the Customer:
Names, first names, postal address, phone number, and email address.

Payment

As part of the payment for Products offered on the site Vigoracare.com, it records financial data related to the Client/User's bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the duration of the applicable contractual civil liability limitation period.

9.6 Security and Privacy

The Seller implements organizational, technical, software, and physical measures in digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Clients' and Users' Rights

In accordance with the regulations applicable to personal data, the Clients and users of the site Vigoracare.com have the following rights:

• They can update or delete the data concerning them in the following way:
• They can delete their account by writing to the email address indicated in article 9.3 "Data Controller"
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller"
• If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data Controller"
• They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller"
• They can also request the portability of data held by the Seller to another provider
• Finally, they can object to the processing of their data by the Seller

These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In case of refusal to grant the Client's request, it must be justified.

The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.

The Customer may be invited to check a box indicating that they agree to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the site Vigoracare.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 12 - DISPUTES

For any complaints, please contact customer service at the postal address or email of the Seller indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any case, resort to conventional mediation, through existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the appointed mediator is
MCV
Consumer Mediator FEVAD BP 20015-75362 PARIS CEDEX 8
https://www.mediateurfevad.fr/
E-mail: mediateurduecommerce@fevad.com.

The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions of Sale and which have not been settled amicably between the seller or through mediation shall be submitted to the competent courts under common law conditions.

Warning: The AetherFlow device is an emergency tool designed to help clear the airways in case of choking. It does not in any way replace medical advice or the first aid measures recommended by official organizations (Red Cross, SAMU, etc.).

The user remains fully responsible for the use of the product. Vigoracare disclaims all liability in case of misuse or failure to follow safety instructions. In case of doubt or critical situation, it is imperative to contact emergency services immediately. By purchasing this product, you accept these conditions and acknowledge being informed of the device's usage limitations.