General terms and conditions of sale

1. Scope of application

These terms and conditions of sale apply, without restriction or reservation, to all sales concluded between, on the one hand, Algosource, a public limited company registered with the Saint-Nazaire Trade and Companies Register under number 752283341, whose registered office is located at 3 rue des Sources 44350 Guérande, whose intra-community VAT number is FR76752283341, (hereinafter referred to as "Algosource"), and on the other hand, any non-professional buyer (hereinafter referred to as the "Customer" or "Customers") wishing to purchase products offered for sale by Algosource (hereinafter referred to as "Products") via the website algosource.com (hereinafter referred to as the "Website").

They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on algosource.com fall within the field of nutraceuticals and nutricosmetics.

The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the Website. The Customer is required to read them before placing any order. The choice and purchase of a Product on algosource.com is the sole responsibility of the Customer.

The Customer is required to refer to the description of each Product to learn about its essential properties and characteristics.

Contact details are as follows:

Algosource
Sales Department
3 rue des Sources
44350 GUERANDE, FRANCE
Tel: 07 85 92 74 33
E-mail: contact@algosource.com

The Customer's validation of the order implies acceptance without restriction or reservation by the Customer of these terms and conditions of sale. The Customer acknowledges having the necessary capacity to contract and purchase the Products offered on the Website. These terms and conditions of sale shall prevail over all other general or specific conditions not expressly approved by Algosource. These general terms and conditions of sale are accessible at any time on the Website. The Customer declares having read and accepted these general terms and conditions of sale before implementing the online ordering procedure as well as the general terms and conditions of use of the Website.

Algosource reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the Customer. Unless proven otherwise, the data recorded in Algosource's computer system constitutes proof of all transactions concluded with the Customer. The general terms and conditions of sale are concluded for the duration necessary for the supply of the Products.

In accordance with the Data Protection Act of January 6, 1978, the Customer has at any time a right to access, rectify and object to all of his personal data by writing, by mail and proving his identity, to the address mentioned above.

2. Orders

The Customer can place an order online on the algosource.com website

Any Customer wishing to place an order on the Website must order according to the following procedures:

• create a "customer account" in which they will provide all the requested details,
• create an online "basket" by selecting all the chosen Products,
• accept these general terms and conditions of sale,
• validate their order after checking it,
• make the payment under the conditions provided.

Any order implies unreserved acceptance of these general terms and conditions of sale. Any order implies acceptance of the prices and description of the Products available for sale.

Contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

From the moment the Customer has validated his order, he is deemed to have knowingly accepted without reservation these general terms and conditions of sale, the prices, volumes and quantities of products offered for sale and ordered. The sale will only be considered final after Algosource has sent the Customer confirmation of the acceptance of the order by email and after Algosource has received full payment. It is the Customer's responsibility to check the accuracy of the order and to report any error immediately. Any order placed on the Website constitutes the formation of a distance contract between the Customer and Algosource.

Algosource's Product offers are valid while stocks last.

If an ordered Product is unavailable and/or out of stock, the Customer will be informed of this and also of the availability time of the out-of-stock Product by email or, in the case of an order for several Products, on the invoice for the shipped Products. Algosource shall in no circumstances be held liable for the unavailability of a Product.

In the event of unavailability and/or out of stock of one or more Product(s), the Customer may request a refund for the unavailable or out-of-stock Product. Only the definitive discontinuation of a Product by Algosource's suppliers will result in its removal from our sales offer. Algosource will then remove this Product from the algosource.com Website as soon as possible.

Algosource reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the
payment of a previous order.

3. Offers and prices

Algosource reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Offers and Products are supplied at the current rates appearing on the algosource.com Website,
when the order is registered.

Product prices are indicated in euros, all taxes included, and do not include delivery costs, which are charged extra and indicated before order validation, packaging and order processing costs.

Promotional offers are valid for the duration they specify and as long as they are displayed on the algosource.com Website, as well as within the limits of available stock. Orders can only be accepted if the prices mentioned are in accordance with
those of the current offer.

The price is payable in cash, in full and in a single payment on the day the order is placed by the Customer, by secure payment. At no time may the sums paid be considered as deposits or down payments. No cash on delivery will be accepted, for any reason whatsoever. If one or more taxes or contributions, notably environmental, are created or modified, whether upwards or downwards, this change may be passed on to the selling price of the Products.

All orders are invoiced in euros and payable in euros.

Algosource reserves the right, in case of non-compliance with the payment terms, to suspend or cancel the delivery of ongoing orders placed by the Customer.

4. Delivery

4-1. Product availability fees

For each order, a flat-rate contribution to availability costs is requested, which includes shipping costs, packaging and order processing. The flat-rate contribution is indexed to the delivery method chosen by the Customer at the time of placing the order and invoiced by zone (valid for the main offers accessible from the Website, excluding specific offers intended only for metropolitan France, accessible via discount codes, advertisements or e-mailings):

Delivery costs and free shipping

• Destination: Metropolitan France, Andorra, Monaco
  Delivery cost, free shipping threshold and delivery time: from €3.90; Free from €49.00; Delivery time D+2 / D+4
  
• Destination: Europe and French overseas departments and territories
  Delivery cost, free shipping threshold and delivery time: from €12.00; Free from €100.00; Delivery time D+4 / D+8
  
• Destination: South Africa, Saudi Arabia, Australia, Bahrain, Canada, China, South Korea, Egypt, United Arab Emirates, Hong Kong, Indonesia, Japan, Kuwait, Mexico, Oman, Philippines, Singapore, Thailand, USA.
  Delivery cost, free shipping threshold and delivery time: from €70.00; Free from €100.00; Delivery time D+5 / D+10
  
• Other destination: please contact us

The contribution to shipping costs includes VAT.

In order to reduce transport costs, small or medium-sized Products shipped by La Poste's Colissimo Suivi service to the home are generally delivered within forty-eight (48) hours throughout France. This service offers the Customer the possibility of collecting ordered products from the Post Office near the delivery address in the event of absence from the initial delivery location when the postman calls.
If the Customer is absent on the day of delivery, the postman leaves a notice in their mailbox, which will allow them to collect their parcel at the Post Office during opening hours, within a period of fifteen days.
The Customer can track their order using the Colissimo number sent to them by email on the day their order is dispatched.

An order may be delivered in several installments/parcels to the Customer. The Customer then only pays for one delivery.

4-2. Product delivery times

Algosource undertakes to make its best efforts to deliver the Products ordered by the Customer as quickly as possible.
However, if the ordered Products have not been delivered within thirty (30) days after the order is placed, the Customer must inform Algosource as soon as possible, by phone or email. Algosource will contact the carrier so that the latter can conduct an investigation, which may last up to twenty-one (21) days. If the Products are found, they will be rerouted to the Customer's home. If the Products are not found at the end of the investigation, the Products will be considered lost and Algosource will then be able to send replacement Products to the Customer, without additional charge to the Customer. If the ordered Products are no longer available, Algosource will refund the amount of the Products considered lost. If the Products are still available, but their selling price on the Website has changed, Algosource will apply the selling prices agreed upon at the time of the initial sale.

In any event, if the Products have not been delivered within ten (10) days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in articles L. 216-2 to L. 216-4 of the Consumer Code. The sums paid by the Customer will then be reimbursed no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.

4-3. Delivery address

Products are delivered to the address indicated by the Customer when placing the order. The Customer must ensure its accuracy.
Any package returned to Algosource due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense and Algosource cannot be held responsible for any inability to deliver the order. If the Customer wishes to be delivered to two separate delivery addresses, they must place two separate orders, with the corresponding delivery costs.

4-4. Receipt of order

Upon receipt of the order, the Customer is required to check the condition of the delivered Products. In case of apparent defects, the Customer benefits from the right of return under the conditions provided by these general conditions.

Change of mind

In the event of a change of mind regarding a product, the buyer may return said Product within fourteen (14) days after receipt of delivery to Algosource by following the procedure provided below and accessible on the Website.

The Customer must notify Algosource's customer service of their intention to return a Product:

•  by e-mail to the following address: contact@algosource.com;
•  by telephone on 07 85 92 74 33.

To receive a refund, the Customer must return the Product in its original packaging to the following address:

Algosource
Customer Returns Department
3 rue des Sources
44350 GUERANDE, FRANCE

Return shipping costs are the responsibility of the customer.

The refund will be made using the same payment method as that used by the Customer for the order, unless otherwise agreed between the Customer and Algosource for the use of another payment method.

Non-compliant or defective products

In the event of delivery of a non-compliant or defective Product to the Customer, the buyer must notify Algosource's customer service as soon as possible:

•  by e-mail to the following address: contact@algosource.com;
•  by telephone on 07 85 92 74 33.

Depending on the customer's request, customer service may proceed with a refund for the product.

The refund will be made using the same payment method as that used by the Customer for the order, unless otherwise agreed between the Customer and Algosource for the use of another payment method.

Damaged package

If the Customer notices upon delivery of their package, which requires a signature, that it is damaged, they can choose to refuse the package, which will then be directly returned to Algosource; or accept the package while reporting the damage to its packaging.

If the Customer finds that the packaging of their parcel for letterbox delivery is damaged, they may, provided the parcel has not been opened, refuse the parcel by returning it to the Post Office no later than the next working day after its delivery.

Returns under the "NPAI" reason

After receipt and acceptance of the returned package by Algosource services, a refund of the total order amount, minus shipping costs, will be made via the initial payment method of the order within forty-eight (48) hours following receipt of the package by Algosource. The Customer can then re-place their order, ensuring the accuracy of the delivery address provided.

Returns under the "unclaimed" reason

Returns under the "unclaimed" reason correspond to parcels that have not been claimed by Customers at the Post Office or at the retailer chosen by the customer when ordering within fifteen (15) days from the date of the notice of arrival. After receipt and acceptance of the returned parcel by Algosource services, a refund of the total amount of the order, less shipping costs, will be made via the initial payment method of the order within forty-eight (48) hours following receipt of the parcel by Algosource. The Customer can then re-place their order.

4-5. Orders delivered outside the European Union

Orders shipped to countries outside the European Union, including Switzerland, the United Kingdom, and Norway, are priced excluding taxes. Taxes are to be paid by the Customer upon receipt of the package, according to the laws in force in the destination country. It is the Customer's responsibility to inquire with local authorities about customs duties, local taxes, and other import duties that may be claimed from them, as these rights are not the responsibility of Algosource.

The Products marketed by Algosource comply with French regulations. It is therefore up to the Customer to inquire with the local authority in their country about any import and use limitations on the ordered Products.

Algosource cannot be held responsible for the purchase of a Product considered non-compliant in a given country, while this Product complies with French regulations.

5. Right of withdrawal

In application of the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise their right of withdrawal with Algosource, without having to justify reasons or pay any penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging, complete (i.e., accessories, instructions) and in perfect condition, allowing for new commercialization. Damaged, soiled or incomplete Products will not be accepted. Products must be returned within fourteen (14) days following notification to Algosource of the Customer's decision to withdraw. This period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Product in its original packaging must be sent to the following address:

Algosource
Customer Returns Department
3 rue des Sources
44350 GUERANDE, FRANCE

The Customer must imperatively enclose the withdrawal form below or any other unambiguous statement expressing their wish to withdraw from the contract with their package:

Algosource
Customer Returns Department
3 rue des Sources
44350 GUERANDE, FRANCE

"I hereby notify the withdrawal from the contract for the order of the Products below:

– Order placed on: …………..
– Order number: …………..
– Customer Name: …………………….
– Customer Address: …………………………..
[Customer's Signature]"

It is advisable to return the package by tracked mail, in the event that it is lost during postal shipment, Algosource cannot be held liable in this respect.

6. Refund

In the event of non-receipt of the order within the aforementioned delivery times, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request, under the conditions provided for in articles L. 216-2 of the Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen (14) days following the date of termination of the contract by the Customer, excluding any compensation or retention.

In the event of the unavailability of the ordered Product, the Customer who opted for a refund will be reimbursed the amounts paid no later than thirty (30) days from their payment.

In the event of exercising the right of withdrawal within the period referred to in article 5, only the price of the purchased Product(s) and the delivery costs are reimbursed, the return costs remain the responsibility of the Customer.
The Customer will be reimbursed within fourteen (14) days following Algosource's receipt of the Products.

The refund will be made according to the payment method used by the Customer when placing their order.

Algosource reserves the right to cancel and refund all orders placed by a professional.

7. Payment Terms

This is an order with an obligation to pay, which means that placing the order implies payment by the Customer.

To pay for their order, the Customer has, at their choice, all the payment methods made available by Algosource and listed
on the algosource.com website, namely:

• by bank card;
• by bank transfer;
• by Google Pay;
• by Apple Pay.

The Customer guarantees Algosource that they have any necessary authorizations to use the payment method chosen by them when validating the order form. Algosource reserves the right to suspend all order processing and delivery in the event of refusal of bank card payment authorization by officially accredited organizations or in the event of non-payment. Algosource reserves the right, in particular, to refuse to make a delivery or to honor an order from a Customer who has not paid a previous order in full or in part, or with whom a payment dispute is ongoing.

Algosource does not store personal or financial information in its database when processing Customer payments.

Payment by bank card

Payment by bank card is made directly online via a secure transaction, using the Shopify Payments system.

When the Customer orders on the Website, the bank card is debited immediately according to the following terms: the Customer indicates in the designated area, their bank card number, without spaces between the digits, its validity date, as well as the last three digits of the pictogram on the back of the card.

The bank card is debited at the time of the order.

8. Transfer of Ownership - Transfer of Risks

The transfer of ownership of Algosource's Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration related thereto will only occur when the Customer takes physical possession of the Products. The Products therefore travel at Algosource's risk and peril.

9. Liability

Products sold on the algosource.com Website comply with current regulations in France.

The Products supplied by Algosource benefit by right and without additional payment, independently of the right of withdrawal:

• from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code, for Products that are apparently defective, damaged or not corresponding to the order;
• from the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code, resulting from a defect in material, design or manufacture affecting the delivered Products and rendering them unfit for use.

Article L. 217-4 of the Consumer Code:

"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this was carried out by the contract or under its responsibility."

Article L. 217-5 of the Consumer Code:

"The goods are in conformity with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

• if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
• if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling;

2° or if they have the characteristics defined by mutual agreement of the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."

Article L. 217-12 of the Consumer Code:

"The action resulting from a lack of conformity lapses after two years from the delivery of the goods."

Article 1641 of the Civil Code:

"The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the purpose for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them."

Article 1648 of the Civil Code:

"The action resulting from redhibitory vices must be brought by the acquirer within two years from the discovery of the vice."

In order to assert their rights, the Customer must inform Algosource, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products or the existence of hidden defects within a maximum period of two (2) years from their discovery.

The Customer may choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following Algosource's finding of the lack of conformity or the hidden defect. The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

Algosource's liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check;
• in case of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

Algosource's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

10. Intellectual Property

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used on the Website and, more generally, all elements reproduced or used on the site, are protected by intellectual property laws in force.

They are the full and complete property of Algosource or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written agreement of Algosource, is strictly prohibited. The fact that Algosource does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses or a waiver of prosecution. Any simple or hypertext link is strictly prohibited without the express written agreement of Algosource.

11. Personal Data

In accordance with law no. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and for the establishment of invoices, in particular. This data may be communicated to Algosource's potential partners responsible for the execution, processing, management, and payment of orders.

Algosource undertakes not to disclose to third parties the information communicated by Customers and visitors on the algosource.com Website. This information is confidential. It will only be used by Algosource's internal services for order processing and to reinforce and personalize communication, particularly through newsletters and information emails, as well as in the context of personalizing the Website according to observed user preferences.

The processing of information communicated via the Website has been declared to the CNIL.

The Customer has a permanent right of access, modification, rectification, and opposition concerning their information. This right can be exercised under the conditions and according to the procedures defined on the Website.

The Customer is informed that during their visits to the Website, a cookie may automatically install itself on their browser software. A cookie is a block of data that does not allow the Customer to be identified as a user but allows information relating to their navigation on the Website to be recorded. To place an order on the Website, the Customer must accept cookies. The Customer can deactivate cookies, in which case they can access the Website but will not be able to place an order on the Website. Procedures for deactivating cookies, depending on the browser software used by the Customer, are available on the CNIL website https://www.cnil.fr.

12. Applicable Law – Dispute Resolution

These general terms and conditions of sale and the operations arising therefrom are governed by and subject to French law, to the exclusion of the Vienna Convention. In the event of a dispute or claim, the buyer will first contact Algosource to seek an amicable solution.

The Customer is informed that they can, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission, in accordance with article L. 612-1 of the Consumer Code, or with existing sectoral mediation bodies whose references are listed below, or any alternative dispute resolution method (i.e. conciliation) in case of dispute.

Contact details of competent sectoral mediation bodies:

the mediator for Cooperative and Associated Commerce:

Mediator for Cooperative and Associated Commerce:
FCA
77 rue de Lourmel
75015 Paris
Tel: 01 44 37 02 00
https://www.mcca-mediation.fr/

the e-commerce mediator of the Federation of e-commerce and distance selling (FEVAD):
60 rue la Boétie
75008 Paris
Tel: 01 42 56 38 86
https://www.mediateurfevad.fr/

MEDICYS (Mediation and Cyber-services Center):
73 Boulevard de Clichy
75009 Paris
contact@medicys.fr
https://www.medicys.fr/index.php/consommateurs/

13. Partial Invalidity

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such under a law, regulation, or following a definitive decision by a competent court, the other stipulations will retain their full force and scope.

14. Force Majeure

All circumstances beyond the control of the parties preventing the normal execution of their obligations are considered as causes for exemption from the parties' obligations and lead to their suspension.

The party invoking the circumstances referred to above must immediately inform the other party of their occurrence, as well as their disappearance.

The parties will approach each other to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts for more than three (3) months, these general terms and conditions may be terminated by the aggrieved party.

15. Pre-contractual Information – Customer Acceptance

The Customer acknowledges having received, prior to placing their order, in a legible and understandable manner, these General Terms and Conditions and all the information and details referred to in articles L. 111-1 to L. 111-8 of the Consumer Code, and
in particular:

• the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
• the price of the Product and its ancillary costs;
• in the absence of immediate performance of the contract, the date or period within which Algosource undertakes to deliver the Product;
• information relating to Algosource's identity, its postal, telephone and electronic contact details and its activities, insofar as they do not appear from the context;
• information relating to legal guarantees and their implementation procedures;
• the functionalities of the digital content and, if applicable, its interoperability;
• the possibility of recourse to conventional mediation in the event of a dispute;
• information relating to the right of withdrawal.

The fact for a natural or legal person to order on the algosource.com Website implies full and complete adherence to and acceptance of these general terms and conditions of sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against Algosource.