General terms and conditions of sale applicable on the website www.gramme7.fr 

In effect as of: 10/07/2024

 

1 – Disclaimer

Before purchasing any products on the website www.gramme7.fr, please familiarize yourself with the usage instructions and precautions for each product.

The use of Gramme 7 products requires an adapted lifestyle. These products are not medicines and cannot be used as substitutes for a varied and balanced diet or a healthy lifestyle.

For pregnant individuals, those undergoing medical treatment, or in cases of specific diets, pathologies, allergies, food intolerances, or any other health issues, we recommend consulting a healthcare professional before any use.

Gramme 7 does not guarantee any obligation of result regarding the effects of the products for the customer.

 

2 – Company presentation and contact

The present website www.gramme7.fr is published by Saneon (hereinafter: “the Company”), a simplified single-person joint-stock company, with its registered office at 60 rue François 1er, 75008 Paris, registered with the Paris Trade and Companies Register under number 933 753 139.

 Website address: www.gramme7.fr 

Intra-community VAT number FR18933753139

Gramme 7 can be contacted at the following coordinates: contact@gramme7.fr 

 

3 – General provisions relating to these general terms and conditions of sale (hereinafter, the “GTC”)

3.1 – Purpose

These general terms and conditions of sale (hereinafter: “GTC”) apply without restriction or reservation to all online sales offered by the Company on the website www.gramme7.fr (hereinafter: “the Site”).

The Site is an e-commerce platform allowing Internet users (hereinafter: “the Client”) to purchase wellness and health-related products, particularly food supplements sold on the Site (hereinafter: “the Products”).

The purpose of these GTC is to define the terms and conditions for online sale and delivery of Products, as well as to define the rights and obligations of the parties in this context.

The main characteristics of the Products, including specifications, illustrations, and capacity indications, are presented on the Site. It is the Client's responsibility to examine them before any purchase.

The applicable version of the general conditions is the one available online on the date of the Client's order.

These GTC prevail over all other general or specific conditions not expressly agreed upon by the Company.

 

3.2 – Scope of application of the GTC

Any user of the Site undertakes to comply, without restriction or reservation, with these GTC, whether they are a mere visitor or placing an order. The Client is required to read them before placing any order.

Any order implies the Client's acceptance of these general conditions. This acceptance can only be full and complete. Any acceptance with reservations is considered null and void. The Client who does not agree to be bound by these GTC must not place an order on the Site.

 

3.3 – Modification of the GTC

The GTC are made available to the Client on the Site, where they can be consulted directly and can be provided upon simple request by e-mail.

The Company reserves the right to modify the GTC at any time. In the event of modification, the applicable GTC are those in force on the date of the order, a copy of which can be provided to the Client upon request.

 

Article 4 – Registration

Simple browsing on the Site is free and does not require the creation of a customer account.

When purchasing a Product on the Site, the Client is offered the option to create a customer account.

During registration, the Client must provide the following information:

• First name and last name
• Email address
• Postal address
• A username and password (“Login Credentials”)

 

The Client is informed of the need to provide a valid email address to receive a confirmation email for the creation of their Account.

The Client undertakes not to choose any identifier that infringes the rights of a third party, and is prohibited from using an identifier that violates the rights of third parties, particularly personal rights and intellectual property rights.

The Client acknowledges that they are entirely responsible for the use of their Login Credentials, their customer account, as well as actions carried out on the Website. They undertake to use their own Login Credentials for all operations related to their customer account. Consequently, all actions performed under their Login Credentials will be considered as having been carried out by themselves.

In case of forgotten, misused, unauthorized, and/or usurped Login Credentials or customer account, the Company's liability cannot be engaged. The Client must immediately inform the Company of this situation by email at contact@gramme7.fr or by postal mail (registered mail with acknowledgment of receipt) at the following address: Saneon, 60 rue François 1er, 75008 Paris.

Upon receipt of this written notification, the Company will review the case and may, as a security measure, suspend access to the Client's Account concerned. The Company will process the request as soon as possible and will send new Login Credentials to the Client after verifying their identity.

The Client remains responsible for the use of their customer account by third parties until the Company changes their Login Credentials. The Client also indemnifies the Company against any action or claim related to data loss resulting from the loss or fraudulent use of their Login Credentials.

The Client is solely responsible for the accuracy, quality, legality, updating, and reliability of all data provided in the information form for the purchase of Products.

Finally, the Client can at any time complete and/or modify some of their information via their customer account.

In accordance with the provisions of the Company's privacy policy (available here: [Insert link to your privacy policy]), the Client has a right to access, modify, rectify, delete, and port their personal data, in accordance with applicable regulations.

 

5 – Products and prices

5.1 – Products

The Products offered for sale by the Company are those listed on the Site at the time of consultation by the Client, within the limits of available stock.

The Products are described on the corresponding page of the Site, and their essential characteristics are mentioned. The sale is made within the limits of available stock. The Company cannot be held responsible for stock shortages or the inability to provide a Product that is out of stock. The photographs and graphics on the Site are not contractual and do not engage the Company's liability.

Due to their characteristics, some Products sold by the Company may present risks in case of improper use. It is the Client's responsibility to follow the usage advice and precautions provided with the Products.

It is also recommended to pay attention to possible interactions between the Products and other substances (e.g., medicines or other food supplements).

The advice of a healthcare professional is strongly recommended for:

• Pregnant and breastfeeding women
• Children and adolescents
• People undergoing medical treatment.

 

5.2 – Prices

Products are supplied at the current rates indicated on the Site at the time of the Client's order, subject to product availability.

Product prices are indicated in euros and include the VAT applicable on the day of the order.

Rates do not include delivery costs, which are billed additionally under the conditions indicated on the Site and calculated before the finalization of the order. The total amount, including delivery costs, will be detailed in the order summary. An invoice will be provided upon request at the following email address: contact@gramme7.fr

 The Company reserves the right to modify the prices of Products displayed on the Site. However, Products will be invoiced to the Client at the price in effect at the time of order validation.

 

6 – Order (excluding Subscription)

The Client can add Products to their virtual cart when browsing the Site. They can then access their cart summary to confirm the Products they wish to order.

The Client must provide an address, a delivery method, and a valid payment method to finalize the order and establish the sales contract between them and the Company. Finalizing the order implies acceptance of the Product prices and payment terms displayed on the Site. The Company cannot be held responsible for errors in the information provided by the Client, nor for consequences related to errors or delays in delivery.

Contractual information is confirmed at the latest upon validation of the order by the Client.

The Buyer has the opportunity to check the details of their order and its total price before confirming their acceptance. This validation constitutes an acceptance of these GTC and the conclusion of the sales contract.

Once the order is placed, the Client will receive a confirmation by email, summarizing the order details and delivery information.

The order will be considered final after the Company sends the acceptance confirmation and after full payment is received.

The Company reserves the right to suspend, cancel, or refuse an order in case of payment default or attempted fraud.

 

7 – Subscription

By subscribing to a Subscription, the Subscriber acknowledges having read, understood, and unreservedly accepted these GTC, with full knowledge of the facts.

The Subscription offered by the Company is monthly (Product delivery occurs once a month). When subscribing to a Subscription, the Client subscribes to a monthly delivery service of food supplements, for a minimum fixed commitment period of 3 months. 

The Subscription is concluded for a minimum fixed commitment period of 3 months, after which it is for an indefinite period and is tacitly renewed until one of the Parties decides to terminate it. 

By subscribing to the Subscription, the Subscriber agrees to be debited monthly for the amount defined at the time of the Order.
In the particular case of a commercial offer proposed by the seller on the Initial Order, the seller specifies 1) the amount of the reduction and 2) the amount of future monthly debits. 
For example, if the seller offers a reduction of €15 on the amount of the Initial Order which is €59, the amount of the initial Order will be €59 - €15, i.e., €44, and the amount of subsequent monthly debits will be €59.

The Subscriber cannot claim the application of the discounted initial Order amount to the amount of future debits. 

Once the initial Order has been paid, subsequent monthly debits will occur on the anniversary date of the initial order through which the Client subscribed to the Subscription. 

As part of a Subscription, the Subscriber can change the choice of Products covered by the Subscription, their address, or the delivery method by sending an email to the Seller at the following address: contact@gramme7.fr

In case of subscription termination before the expiration of the 3-month commitment period, without payment of the remaining monthly fees, the Company reserves the right to claim payment of the amounts due, corresponding to the pro-rata portion of the tariff advantage granted on products already delivered, as well as delivery costs of €7.90 per shipment. In the absence of regularization, the case may be entrusted to a collection agency, incurring file opening fees of €45, which will be added to the amounts still due.

 

8 - Unsubscription

Any termination of a Subscription must be made at least 3 days before the renewal date.

For example, if the Subscription was taken out on October 7 and the Subscriber does not wish to continue their subscription beyond the minimum 3-month commitment, the Subscriber can terminate their subscription no later than December 4. 

To terminate their Subscription, the Subscriber must send an email to the Seller at the following address:  contact@gramme7.fr

If the termination occurs after the automatic debit has been made for the month, the Order is deemed concluded for the month concerned. The Subscriber cannot demand the cancellation of this Order by claiming their termination request. The unsubscription is taken into account for the following month.

If the Subscriber benefits from any commercial privilege due to their seniority, unsubscription will result in the termination of these privileges.  Thus, if the Subscriber wishes to subscribe to a subscription again after having terminated it, they will have to pay the current rate. 

 Without action from the Client, the Subscription is automatically extended under the same conditions as for the last Order.

 

 

9 - Delivery

Deliveries are limited to the countries indicated on the Site, notably Metropolitan France and certain European countries.

9.1 – Delivery methods

Products ordered on the Site are delivered to the address indicated by the Client during the order, which may differ from the billing address.

Various delivery methods are available. The Client is informed of the available delivery methods, as well as associated delivery times and costs, before validating their order.

The Company cannot be held responsible for delivery delays due to external circumstances or those beyond its control.

The Buyer is solely responsible for collecting the Products within the necessary timeframes for their proper preservation. In the event that the Client does not collect their order and the product(s) are returned to the Company by the carrier, the amounts paid by the Client will not be refunded.

If the selected carrier declares the package lost, the Company undertakes to resend the same order at its own expense. No refund can be issued.

 

9.2 – Delivery times

If the Products are not delivered within thirty (30) days from the order date, except in cases of force majeure or fault of the Client, the Client may cancel the sale under the conditions provided by Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code.

The sums paid by the Client will be reimbursed within fourteen (14) days following the cancellation, without deduction or additional compensation.

 

10 – Right of withdrawal

10.1 – Scope of the right of withdrawal

The Client has a period of 14 (fourteen) days, starting from the date of receipt of the ordered Products, to withdraw without having to justify reasons or pay penalties, with the exception of return costs which remain at their expense and which they must pay. When their order involves several Products delivered separately, the above period runs from the receipt of the last Product.

A Client wishing to exercise their right of withdrawal must contact the Company at the coordinates mentioned in Article 2 hereof, before the expiration of the above period, using the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing their wish to withdraw and including their order number.

Products must be returned in their original, complete condition, allowing them to be remarketed as new. They must be accompanied by a copy of the corresponding purchase invoice. Any product opened or damaged by the consumer will not be accepted for return. The Company reserves the right to judge whether the product can be remarketed or not, according to its quality standards. The Customer is deemed responsible for any deterioration of the Products during their return to the Company.

 

The delivery address for returns is as follows:

Saneon

32 rue de Hollande

62100 Calais

 

The Customer will be refunded as soon as possible and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the withdrawal request for all sums paid for their order, minus return shipping costs, which remain the responsibility of the Customer. However, the Company reserves the right to defer this refund until the Products are actually recovered.

 

10.2 – Exceptions

By way of exception, when Products have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection, the Customer does not have a right of withdrawal.

Consequently, the Customer expressly waives their right of withdrawal in this instance, and it cannot therefore be exercised, in accordance with Article L.221-28 5° of the Consumer Code.

Furthermore, the Customer is informed that in accordance with Article L.221-28 4° of the Consumer Code, the right of withdrawal cannot be exercised for Products that are likely to deteriorate or expire quickly.

 

11 – Legal Guarantees

The Customer is expressly informed that the Products, due to their nature, deteriorate quickly.

They therefore acknowledge that all Products must be stored under the conditions mentioned in the Product sheet and on the Product's labeling.

However, the Company reminds the Customer that they benefit from the legal guarantees of non-conformity as well as against hidden defects of the sold item, including conformity defects resulting from the packaging of the Products ordered on the Website.

If the Customer finds that the Product delivered to them has a defect, a lack of conformity, or is damaged, they must inform the Company within 24 hours of receipt at the contact details mentioned in the "Company presentation and contact" article herein, indicating the nature of the defect, non-conformity or damage observed and sending any useful supporting documents, particularly in the form of photograph(s).

It is specified that breakages or deteriorations resulting from a fall other than by the carrier, a fortuitous event or force majeure, improper handling or non-compliance with the Product storage rules due to the Customer, are not covered by the warranty.

The Customer will be responsible for arranging this return and will bear the costs.

Products must be returned to the Company in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products not complying with the terms described above cannot be taken into account.

The Company will carry out the necessary checks and will offer the Customer a replacement Product if possible. If the replacement of the Product is impossible, the Company will refund the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any appropriate means, as soon as possible and at the latest within 14 (fourteen) days following the date on which the Company informed them of the impossibility of replacing the Product.

Furthermore, the Customer is duly informed and accepts that no returns will be possible due to the very nature of the Products.

 

12 – Company's Responsibility

The Company undertakes to carry out regular checks to verify the functioning and accessibility of the Website. As such, the Company reserves the right to temporarily interrupt access to the Website for maintenance reasons. Similarly, the Company cannot be held responsible for temporary difficulties or impossibilities of access to the Website that are due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

The Company does not provide the Customer with any guarantee as to the suitability of the Products for their needs, expectations or constraints.

The Company aims to sell food supplements whose main potential benefits are explained on the pages of each Product and on their packaging. However, the expected result cannot be guaranteed and may vary depending on the Customer's use and metabolism. Any failure in the use of the Products cannot therefore under any circumstances lead to the Company's liability or justify the reimbursement of the Products, which the Customer acknowledges and expressly accepts. Under no circumstances can the Products replace a consultation, a visit or a diagnosis formulated by a health professional.

The Company can in no way guarantee and cannot be held responsible for the suitability for consumption of food products with which the Products are mixed.

The Company undertakes to comply with the regulations applicable to foodstuffs and the labeling of food supplements.

The Company's liability is excluded in the event of direct or indirect damage, affecting property or persons, suffered by the Customer or a third party, and resulting from the following cases:

• Negligence or fault committed by the Customer or by a third party;
• Allergy caused by the consumption of the Products;
• Natural expiry of the Products;
• Any use under conditions manifestly not in conformity with the use of the Products.

 

The Company cannot be held responsible for the non-performance or delay in the performance of sales contracts due to circumstances beyond its control or a case of force majeure. Cases of force majeure are considered to be: exceptional bad weather, natural disasters, fires, floods, attacks, breakdowns or blockages of telecommunication networks, means of transport or postal services, including due to strikes, damage caused by viruses, as well as any legal or regulatory obligation or public order imposed by the competent authorities.

The Company cannot under any circumstances be held responsible in the event of the Customer's non-compliance with the contraindications related to the use of the Products.

In any event, any liability that may be incurred by the Company hereunder is expressly limited to the proven direct damages suffered by the Customer and to the sums paid by the Customer to the Company in connection with the purchase of the Products.

 

13 – Intellectual Property

The visual, textual, and technological elements present on the Site, including but not limited to trademarks, logos, trade names, company names, graphics, images, texts, photographs, illustrations, videos, sounds, or software, are protected by intellectual property rights and are the exclusive property of the Company or its partners.

The Customer undertakes not to reproduce, represent, modify, distribute, exploit, or use in any way, even partially, these elements without the prior written authorization of the Company.

The purchase of Products on the Site does not in any way confer on the Customer any intellectual property right over the aforementioned elements.

Any reproduction, representation, modification, distribution, or total or partial exploitation of these elements without authorization is likely to constitute an infringement engaging the civil and criminal liability of its author.

 

14 – Personal Data

In the context of managing orders placed on the Website, the Company collects and processes personal data concerning the Customer.

Information regarding how the Customer's personal data is collected and processed is detailed in the Privacy Policy available on the Website.

The Company undertakes to process this data in accordance with the applicable regulations concerning the protection of personal data, in particular the General Data Protection Regulation (GDPR).

The Customer's personal data is collected and processed for the purposes of order management, customer relations, and commercial prospecting, unless the Customer objects.

The Customer has a right to access, rectify, erase, and portability of their personal data. They can also, for legitimate reasons, object to the processing of their data. These rights can be exercised by contacting the Company at the contact details indicated herein.

 

15 – Transaction Security

The Company implements the necessary technical and organizational means to ensure the security of transactions carried out on the Website, in particular the protection of personal data and banking information.

Payment by credit card on the Website is secured through the use of technologies compliant with current standards.

However, the Company cannot be held responsible in the event of a failure of the secure payment system or a cyber attack resulting in fraudulent access to the Customer's payment data.

The Customer is also required to guarantee the security of their own banking information and to take all necessary measures to prevent fraudulent use of their payment methods.

 

16 – Partners

14.1 Cocote:

<a href="https://fr.cocote.com/s/e/gramme-7">Gramme 7</a> 

Gramme 7 is a partner seller of the Cocote marketplace and is registered with Lemon Way, a payment institution approved by l4APCR in France on 24/12/2012 under number 16568.

17 – Applicable Law and Jurisdiction

These general terms and conditions of sale are governed by French law.

In the event of a dispute relating to the formation, interpretation, execution or termination of these general terms and conditions of sale, and in the absence of an amicable solution, the competent court will be that of the defendant's domicile or that of the place of delivery of the Product, at the Customer's choice.

 

18 – Mediation and Dispute Resolution

In the event of a dispute, the Customer must contact the Company by email (contact@gramme7.fr) to attempt to resolve the dispute informally.

Should the complaint to the Company fail or in the absence of a response within three months, and in accordance with articles L.616-1 and R.616-1 of the Consumer Code, the Company has implemented a consumer mediation scheme. The chosen mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION. In case of a dispute, any consumer may submit their complaint on the website: https://www.cnpm-mediation-consommation.eu/ or by post to: CNPM MÉDIATION CONSOMMATION, 27, avenue de la Libération – 42400 SAINT-CHAMOND.

The Company and the Customer remain free to accept or refuse recourse to dispute resolution through mediation, as well as to accept or refuse the solution proposed by the mediator.

In all cases, the Company cannot be held responsible for damages resulting from improper use of its products.

 

Appendix: model withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the Order placed on the Website, except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of: SANEON

I hereby notify my withdrawal from the contract for the sale of the product below:

Product name:

Order date:

Order number:

Customer name:

Customer address:

Date:

 

Customer Signature