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General terms and conditions of sale
Labophyto is the property of the company Labophyto in its entirety, as well as all the rights relating thereto
Reproduction in whole or in part is systematically subject to authorization by Labophyto. However, hypertext links to the site are allowed without a specific request
The Customer acknowledges having read, at the time of placing the order, the terms and conditions of sale hereinafter set forth and expressly states to accept them without reservation.
These general conditions of sale will prevail over all other conditions appearing in any other document or pages of the site, except preliminary derogation, express and written.
These conditions apply only to non-commercial individuals, at least 18 years of age and having the legal capacity to contract.
Labophyto reserves the right to adapt or modify at any time these terms and conditions of sale.
In case of modification, will be applied to each order the general conditions of sale in force on the day of placing the order.
Welcome to Labophyto, your expert in sexual wellbeing.
For more than 10 years, we have been formulating, manufacturing and distributing a unique and complete range of products dedicated to the sexual well-being of men and women.
Our range is manufactured in France, in compliance with French and European regulations on cosmetics and food supplements.
We make every effort to meet your needs and those of your customers and ship your orders as quickly and in the best conditions.
Our experience at your service
At the forefront of research and innovation, the laboratory Labophyto is today an essential actor in the field of food supplement to improve the sexuality and fertility of Women and Men. The effectiveness of our products is based on our knowledge of plants and their exceptional richness in natural active ingredients. Our goal is to be able to offer the best answers to the expectations of consumers, with supplements based on plants, vitamins, minerals, enzymes or amino acids.
Innovative formulas
Labophyto's research pole develops new products every year, with innovative formulas rich in plants and vitamins, with precise and optimal dosage. Our vegetable capsules relate in particular to aphrodisiacs for men and women, virility, premature ejaculation, and sperm volume. We also offer beverages made from bandaged wood, gels and creams to promote erection or delay ejaculation, as well as clitoral gel or gel to tighten the vaginal walls. Finally, our latest innovations come in the form of retardant wipes, cleaning / refreshing wipes before intercourse and individual pods of erection cream.
Strict controls and compliance with regulations
Labophyto products are checked at each stage of their creation: from strictly selected raw materials, including manufacturing and through to market launch. Our entire range complies with applicable French and European regulations and is declared to the DGCCRF at market launch. Our expertise and know-how now rank us as French leader in natural products dedicated to sexuality and fertility. We set ourselves an optimal quality charter, from elaboration through to packaging, to offer consumers ever more innovative, safe and effective products.
The photographs illustrating the products are essentially given for information only, and cannot engage Labophyto.
The marketed products being technical products, their relevant contractual description is made within the framework of the technical description and the manufacturers references, accompanying the presentation of the products.
The automatic registration systems implemented by Labophyto are considered as proof of the nature, content and date of the order.
The Customer has the opportunity to modify his basket before the final validation, this step formalizing the scope of the offer made to the Client by Labophyto.
Labophyto confirms the acceptance of its order to the Customer to the email address that he has communicated. The sale will not be concluded until the confirmation of the order, and complete payment by the Customer, of the agreed price.
Labophyto reserves the right to cancel any order from a Customer with whom there is any dispute.
The information given by the buyer, when the order is taken, involve the buyer. In case of error in the wording of the recipient's details, the seller cannot be held responsible for the impossibility in which it could be to deliver the product.
Beyond a certain amount, Labophyto.com reserves the right to ask its customers to provide supporting documents to avoid fraudulent orders. This non-systematic request is mainly for orders of a significant amount or for which scoring systems have detected a "potential fraud". It usually intervenes in case of doubt about the identity of the customer, his age, his address or the holder of the means of payment.
After receipt of the payment made by the Customer, a delay of 2 working days is normally observed between the moment the order is placed and the moment when the corresponding packaged is send.
An email confirmation of the shipment is sent to the Customer. This email confirms the items relating to the shipment (destination address, date of shipment ...) and attribute to this shipment a tracking number.
From this date, delivery takes place within a maximum of 72 hours. For delivery outside the metropolitan area, the maximum time is specified to the Customer in the confirmation email.
The cost of delivery, which takes into account the delivery address given by the Customer, is calculated prior to the final validation and is integrated in detail in the agreed price. In addition, for deliveries outside the European Union, the Customer undertakes to pay all taxes due to the import of products, customs duties, value added tax, and any other taxes due under the laws of the country of receipt of the order. Labophyto disclaims any legal liability if the consumer did not pay the fees.
All orders placed at Labophyto are for the personal use of the costomers; unless special agreement is reached, the Customers or the recipients of the products are prohibited any partial or total resale of the products. Delivery is made in the regular postal time slot by direct delivery without signature from the product to the announced recipient; in case of impossible access, the package is deposited at the post office on which the recipient depends. Any delays do not give the buyer the right to claim damages, the date of first presentation at the delivery address indicated by the Customer at the time of his order being considered as the effective date of delivery.
The post office or relay point will keep your package for 15 consecutive days (Saturday and Sunday included) from the date indicated on the notice of instantiation. Beyond this period, the package with mention "unclaimed parcel by the recipient" will be returned to the sender. Labophyto.com will then keep your package. You must then contact our services for a new shipment of your package at your expense.
Are considered as force majeure releasing the seller from its obligation to deliver, war, riot, fire, strikes, accidents and the impossibility of being supplied with raw materials. Goods always travel at the risk of the recipient. Always check your package upon arrival.
The Customer has 48 hours to make any reservations with the carrier in case of missing product or degradation. In case of dispute over the delivery, the customer has 21 days to come forward. No request for an inquiry with colissimo can be requested after this time.
All items may be exchanged or refunded except those marked to the contrary, such as items that have been customized upon request of the Customer.
- The Customer must request an exchange within 15 days from the date of receipt or withdrawal of the package. The item to be picked up must be intact, complete and packed. Redirection costs are the responsibility of the customer.
- The refund of the price of the products will be carried out within 30 days as from the reception by Labophyto.
- In case of abnormal or abusive returns Labophyto reserves the right to refuse a subsequent order.
- In order to ensure a better processing of the exchange or refund request, the Client is invited either to use the relevant section in its personal area "My Account" accessible on the site, or to make direct contact with the Customer Service (email or telephone at the price of a local call). By mail, you can use the following Withdrawal Form to be sent to LABOPHYTO 638 Route de Villefranche - La buissonnière RN6 - 69480 ANSE FRANCE:
For : Labophyto Customer Service
I hereby notify you of my withdrawal from the contract for the sale of:
Ordered the:
And whose order number is:
I have noted that my request for exchange must take place within 15 days from the date of receipt or withdrawal of the package, that the item to be taken back must be intact, complete and packed, and that the forwarding costs are at my expense. I therefore request the cancellation of the contract and the reimbursement of all the sums paid.
Name and address :
Signature
Prices are indicated in euros all taxes included.
These prices are excluding flat-rate shipping costs.
They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the products. However, the prices cannot be modified once the Customer's order has been validated.
Similarly, if one or more taxes or contributions, including environmental taxes, were to be created or modified, both increasing and decreasing, this change could be reflected in the selling price of items.
Prices indicated on the site are guaranteed for the period of on-line and within the limit of available stocks
The price invoiced to the Customer is the price indicated on the order confirmation sent by Labophyto. The price of the products is payable in cash on the day of the actual order.
7.1. Debit card
If the payment is made by credit card bearing the acronym CB, via the secure environment offered by Credit Agricole, a debit request is sent to the client’s bank through Crédit Agricole’s electronic payment terminal. The order validated by the Customer is considered effective only when the bank payment centers concerned have given their agreement. In case of refusal of said centers, the order will be automatically canceled and the Customer notified by email.
7.2. Check
If payment is made by check, the Customer must send its payment with a copy of the notice of order by post or the number of his order on the back of the check. The check must be sent to LABOPHYTO 638 Route de Villefranche - La Buissonnière RN6 - 69480 ANSE - The order is considered effective on date of collection of the check payable to LABOPHYTO.
7.3.Transfer
If the payment is made by bank transfer, the Customer must make the transfer via the usual procedure with his bank. Labophyto’s bank details are communicated to him electronically. The order is considered effective upon accounting receipt of the payment on Labophyto’s account.
7.4. Paypal payment
If the payment is made by Paypal, the customer carries out his transaction without ever communicating his banking data. The order validated by the Customer is considered effective only when Paypal gives its consent. In case of Paypal’s refusal, the order will be automatically cancelled and the Customer notified by email.
This contract is subject to French law.
Labophyto shall not be held liable for damage of any kind, whether tangible or intangible, that could result from a malfunction or misuse of the marketed products.
The responsibility of Labophyto will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions that may have remained despite all the precautions taken in the presentation or products.
In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution with the help of a professional association of the branch, a consumer association or any other board of its choice.
It is recalled that the search for the amicable solution does not interrupt the "short delay" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors his financial commitments to the seller.
Claims or challenges will always be graciously received, with good faith always assumed by those who take the trouble to explain their situation.
As a last resort, the parties expressly grant jurisdiction to the competent courts of the judicial district concerned.
Regardless of the commercial guarantee, and in accordance with the regulations, Labophyto undertakes to comply with its obligations relating to the guarantees attached to the products sold on its site, which appear in the following articles from the Consumer Code and the Civil Code:
- Consumer Code - article L211-4
The seller is required to deliver a good conformance to the contract and responds to existing non-conformance at the time of issue. It also complies with non-compliances resulting from packaging, mounting instructions or installation where the latter has been charged to it by the contract or has been carried out under its responsibility.
Code of Consumption - article L211-5
To be compliant with the contract, the property must:
(1) be fit for the usual purpose of a similar good and, if applicable,
- correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model:
- possess the qualities that a purchaser can legitimately expect in respect of public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
2) have the characteristics defined by agreement of the parties or be proper to any special use sought by the buyer, brought to the knowledge of the seller and which the seller has accepted.
Code of Consumption - article L211-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Civil Code - Article 1641
The seller is bound by the warranty on the basis of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish such use, that the buyer would not have acquired it, or would have given a lesser price if he had known them.
Civil Code- Article 1648
The acquirer must initiate the action resulting from the defects in the contract within two years of the discovery of the defect
Labophyto guarantees that all selected products are manufactured in accordance with the professional standards in force at the time of manufacture.
In any case, Labophyto shall not be held responsible for non-compliance with the regulations and laws in force in the country of receipt, Labophyto's liability being systematically limited to the value of the product in question, calculated on the invoice date.
The information collected for the purposes of the remote sale is mandatory, this information being essential for the processing and delivery of orders, the preparation of invoices and bank documents. Failure to provide information results in non-validation of the command. In accordance with the "Computer Science and Freedom" law, the Customer has the right to access, modify, correct and delete the data that concern him, which he can exercise with Labophyto . In addition, Labophyto undertakes not to communicate the contact details of its Clients to a third party.
Publisher: Labophyto.com is produced by the company Labophyto, SAS with a capital of 5000 Euros, registered with the Trade and Companies Register of Lyon under the number RCS 524 499 191. Its head office is La Buissonnière - RN6 - 638 Route from Villefranche - 69480 ANSE (France).
For any contact, you can use the telephone (from France at 04 78 34 22 84), the mail (LABOPHYTO 638 Route de Villefranche - La Buissonnière RN6 - 69480 ANSE) or the online contact form: Contact
The site is hosted by “La République du Clic” - Parc les Epiés – Chemin saint Léonard - 69270 Couzon at Mont d'Or (France).
ARTICLE 1 - APPLICATION OF THE GENERAL CONDITIONS OF SALE:
Any order implies full and unreserved acceptance by the buyer of these general conditions of sale. Any contrary condition set by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller. The fact that the seller does not take advantage at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
ARTICLE 2 - ORDERS:
Any new client must present a K-Bis extract less than three months old or an official title proving your professional status.
Labophyto reserves the right to accept or refuse any order without notice. The products remain the property of Labophyto until full payment of the invoice.
Orders addressed to LABOPHYTO or its representatives imply in any case the acceptance of these conditions of sale. Orders validated on the labophyto.com website are binding.
LABOPHYTO undertakes to honor orders placed within the limits of available stocks on the date of the order. No compensation may be demanded by the buyer in the event of out of stock other than the reimbursement of products ordered out of stock. LABOPHYTO reserves the right not to honor all or part of an order if certain objective criteria for marketing the products sold to the end consumer (storage and demonstration conditions ensuring the integrity of the products, advice and customer service in particular) do not seem to him to be insured by the buyer. It is nevertheless recalled that LABOPHYTO cannot be held responsible for breaches by a buyer of its regulatory obligations.
ARTICLE 3 – EXPORT:
In addition to the general conditions of sale, fully applicable to orders intended for export, special conditions may apply to said orders and be the subject of a dedicated contract between LABOPHYTO and the importer (and/or its possible forwarding agent ). The buyer is responsible for compliance with the regulations applicable in the territory in which he intends to market the products. Deliveries are made Ex Works (Incoterm EXW): the buyer bears the extraordinary costs of transport costs, customs fees and bears the risks associated with the transport of the goods to their final destination.
In addition, LABOPHYTO reserves the right in specific cases, depending on the destination, to ask the buyer to collect the goods, and this at the buyer's expense, directly at the LABOPHYTO depot.
ARTICLE 4 – CATALOGS AND PROSPECTUS:
Notices, prospectuses, leaflets, catalogs cannot be considered as binding offers from the seller. It reserves the right to make any modification to these products at any time that it deems useful, and without obligation to modify the products previously delivered or being delivered. LABOPHYTO reserves the right to propose different conditions and promotional offers on the website www.labophyto.com. The applicable pricing conditions and promotional offers are those in force on the date of validation of the order.
ARTICLE 5 - DELIVERY TIME:
Delivery times are given for information only and do not bind LABOPHYTO Exceedances cannot give rise to damages.
ARTICLE 6 - TRANSPORT:
In the event that the delivery address is different from the billing address, the buyer is required to inform LABOPHYTO. If the delivery address is different from the billing address and the latter was not indicated by the buyer before the departure of the order, and the delivery of the parcels by the carrier could not be carried out, the costs induced by the redelivery will be invoiced at the actual costs.
The merchandise travels at the risk and peril of the recipient. In the event of damage, appeals must be notified to the carrier within two days by registered letter with acknowledgment of receipt, and it is up to the buyer to inform the seller within the same timeframe.
Orders are shipped to points of sale by a carrier chosen by LABOPHYTO.
Given the economic situation, general inflation and in particular the increase in the price of raw materials, and the rise in fuel prices, the transport costs according to the final destination and the weight of the packages will be the following for professionals:
Weight | FR | EU | America | Africa | Asia |
From 0 to 2 kg | 9.50 € | 15,50 € | 35,50 € | 42,50 € | 42,50 € |
From 2 to 4 kg | 15,50 € | 20,50 € | 56,50 € | 56,50 € | 56,50 € |
From 4 to 6 kg | 20,50 € | 25,50 € | 80,50 € | 79,50 € | 79,50 € |
From 6 to 10 kg | 25,50 € | 30,50 € | 75,50 € | 109,50 € | 109,50 € |
From 10 to15 kg | 30,50 € | 35,50 € | 84,50 € | 148,50 € | 148,50 € |
From 15 to 21 kg | 35,50 € | 39,50 € | 94,50 € | 195,50 € | 195,50 € |
From 21 to 26 kg | 39,50 € | 44,50 € | 114,50 € | 254,50 € | 254,50 € |
From 26 to 50 kg | 44,50 € | 55,50 € | 124,50 € | 327,50 € | 327,50 € |
From 50 to 90 kg | 55,50 € | 65,50 € | 149,50 € | 389,50 € | 389,50 € |
> 90 kg | 75,50 € | 85,50 € | 189,50 € | 489,50 € | 489,50 € |
ARTICLE 7 - RECEPTION:
Complaints about the non-conformity of the products delivered with the products ordered must be reported to LABOPHYTO within seven days. Requests not made in writing (mail, fax or e-mail) cannot be taken into account. No return of goods can be made without the prior agreement of the seller. The return can only be accepted if reservations have been mentioned on the carrier's delivery note and if the damaged products have been kept. The corresponding credit can only be made if all of these conditions are met. No returns of unsold products will be accepted. Any order placed in accordance with article 2, the reception of which will be refused by the purchaser, will be the subject of an invoicing of the shipping costs at the actual costs by LABOPHYTO.
Product returns are not accepted for orders placed by professionals. Labophyto does not take back products whose expiry date is less than 2 months. The one and only case where we can provide for a product return is when it has a manufacturing defect. We will not make any exchange, refund or return outside of this case.
ARTICLE 8 - PRICE:
Prices are exclusive of tax, ex-company headquarters. Any new tariff published by LABOPHYTO cancels and replaces the previous one. Prices are provided for information only and may fluctuate at any time. They do not in any way constitute a binding offer. Invoices are drawn up in accordance with the legislation in force on the date of delivery. Current prices can be viewed on the website www.labophyto.com
The price is payable in full and in a single payment when ordering. All orders are invoiced and payable in euros only. For any delivery outside Metropolitan France, any customs fees or local taxes remain the responsibility of the recipient.
Labophyto recommends that its resellers refer to the recommended retail price.
ARTICLE 9 - INVOICING, PAYMENT AND BUYER'S CREDIT:
With the exception of a buyer's first order, payable in advance, invoices are payable 30 days from the invoice date by LCR, check or bank transfer (including for purchases made on the website www. .labophyto.com) or cash by credit card or Paypal. Is considered as payment, not the delivery of a check, an LCR or an accepted draft, but its correct payment. After control and verification, the resolution of disputes relating to missing, non-compliant or broken products will be in the form of a credit note.
When LABOPHYTO has serious or specific reasons for fearing payment difficulties on the part of the buyer on the date of the order, or subsequently, LABOPHYTO may make the acceptance of the order or the continuation of its execution subject to cash or pre-shipment payment. In the event that a buyer places an order with LABOPHYTO without having paid for the previous order(s), LABOPHYTO may refuse to honor the order and deliver the goods concerned.
ARTICLE 10 - DEFAULT OF PAYMENT:
In the event of late payment, or unpaid LCR without valid reason, the seller may suspend orders in progress, without prejudice to any other course of action. LABOPHYTO also reserves the right to modify the payment conditions previously granted. Any invoice not paid on the due date bears interest automatically and without prior notice, at an annual rate equal to three times the legal interest rate, calculated monthly. These late penalties are due the day following the payment date shown on the invoice. In the event of non-payment of the invoices on the agreed due date, the buyer must reimburse all the costs incurred by the contentious recovery of the sums due. Any invoice recovered by the litigation department will be increased by way of a non-reducible penalty clause within the meaning of article 1229 of the Civil Code, by an indemnity fixed at a flat rate of 15% of the amount of the unpaid invoices and this, without prejudice to damages which could be due. The amount of the lump sum indemnity for recovery costs automatically due to the creditor in the event of late payment is 40 euros, unless higher costs are justified.
Under no circumstances may payments be suspended, nor be the subject of any compensation whatsoever, without the seller's prior written agreement.
ARTICLE 11 - RETENTION OF OWNERSHIP:
All sales are concluded with retention of title (law n° 80-335 of May 12, 1980 and article 121 of the law of January 25, 1985). The transfer to the buyer of the ownership of the goods sold is suspended until full payment of the price. The delivery of bills does not in any way constitute a settlement within the meaning of this clause. Consequently, as long as they have not been the subject of full payment, the goods must be returned to the seller as soon as possible, at the sole expense of the buyer, on simple request from the seller expressed by a registered letter. with acknowledgment of receipt. The seller is authorized in the event of default by the buyer to have the goods returned, to take all measures to recover them himself or to have them recovered at the buyer's expense. The buyer bears the risk in the event of loss or destruction of the goods. The buyer is prohibited from reselling the goods delivered if he is in a state of cessation of payment or insolvency.
ARTICLE 12 - GUARANTEES:
The information concerning the products and advice for use which are given are purely indicative and do not imply any commitment on the part of the seller, the customers having to check the adaptation of the products to the use they make of them.
ARTICLE 13 - SEVERABILITY:
Any provision of these presents recognized as invalid for any reason whatsoever does not invalidate the other provisions which retain full force and effect between the parties.
ARTICLE 14 - ALLOCATION OF JURISDICTION:
All disputes relating to the execution or non-execution of these general conditions of sale are governed by French law in force and will be subject to the jurisdiction of the Commercial Court of Villefranche sur Saône.
