Terms of Sale

SITE DIETBON

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June 2017

The company K-SANTE operates a website which is available at the following address http://www.dietbon.fr allowing K-SANTE to sell to consumers who wish to buy weight loss programs and food products.
These general conditions of sale govern all relationships between the company K-SANTE, which operates the brand DIETBON and the website www.dietbon.fr and its customers.

  • Email address : contact@dietbon.com
  • Phone number : 020 3885 0584 (price of a local call)
  • Main postal address : 129 Avenue Charles de Gaulle, 92200 NEUILLY SUR SEINE

These general conditions of sale are valid for all orders placed from 01/09/2009 and for the duration of their online publication on the site www.dietbon.fr.

1. Definitions

Each word or expression hereinafter will have, when it is used with a capital letter in this contract, in the singular or the plural, the following meaning:

  • Order : means the contract of sale concluded between the Consumer and K-SANTE whatever the mode of execution of the contract (site www.dietbon.fr, telephone, fax or mail).
  • Terms of Sale : means the general conditions of sale of Products by K-SANTE to the Consumers, accessible at the address http://www.dietbon.fr/CGV
  • Supplier: Refers to a supplier of Products sold on the DIETBON Website
  • Product : Refers to all the food products offered for sale on the DIETBON Website
  • Product Sheet : Contains all the necessary information regarding the Product sold on the DIETBON Website
  • Consumer : Refers to the physical person, major and capable, placing an Order on the DIETBON Site.
  • Service : means the sale by K-SANTE to Consumers of Products ordered by themselves on the DIETBON Site, according to the terms agreed between the Consumer and K SANTE.
  • Delivery zone : Metropolitan France including Corsica, Spain, UK, Germany, Italy, Spain, Belgium, Luxembourg, Netherlands.
  • Site DIETBON : Designates the website operated by K-SANTE accessible under the URL http://www.dietbon.fr.
  • Order preparation: Order selection is carried out by an provider who is independent from K-SANTE

2. Purpose

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which K-SANTE offers the Consumer the opportunity to purchase Products, presented on the DIETBON Website or any other documentation produced by K-SANTE.

As this is a contract concluded remotely in an electronic mode, K-SANTE provides the necessary company information for the consumer:

Identification of the Company (publisher of the site)
K-SANTE SAS with a capital of 217,400 Euros
Registered office: 129 Avenue Charles de Gaulle, 92200 NEUILLY SUR SEINE

Customer service
Our customer service is at your disposal for any information, questions or advice, :
Tel: 020 3885 0584 (Price of a local call)
by email: info@dietbon.com
For information regarding your order status: livraison@dietbon.com
Our site does not contain any third party advertising.

3. Access to DIETBON Services

The Consumer has several ways of accessing the K-SANTE Service: via the website www.dietbon.fr, by telephone (020 3885 0584) and by fax (0811 622 513). The details, information and services that the buyer accesses, downloads, uses and which are offered or sold by the DIETBON Site are provided "as is" and without warranty of any kind, all subject to the applicable legal provisions for these services.
K-SANTE does not provide any commitment or guarantee of any kind whatsoever, expressly or implicitly, as to the proper functioning of the site and its content.
K-SANTE declines any responsibility for any damage that may have been caused by a virus or any other data corruption problem resulting from access to its Services, downloading or use thereof, including, but not limited to, direct and indirect harm.
K-SANTE reserves the right to modify, terminate, suspend or interrupt at any time, for any reason and in its sole discretion, access to all or part of the site, including in particular, the content, features or hours of availability without prior notice.

4. Inscription

In order to benefit from the Service, the Consumer must proceed with his inscription by completing a form available on the DIETBON Website.
In this instance, the Consumer undertakes to: provide accurate and complete information; update, as appropriate, the information provided to K-SANTE as soon as possible. The Consumer may modify his information by using the "Contact us" section or by calling the Customer Services Department on 0811 620 130.

K-SANTE undertakes to preserve the confidentiality of the information provided by the Consumer, who will have a right of access, modification or deletion on the data concerning them, in accordance with the provisions of the law n ° 78-17 relative to computers, files and freedoms.

In the event that any of this information proves to be false, incomplete or obsolete, K-SANTE reserves the right, without any compensation and without notice, to suspend or close the account of the Consumer and refuse future access to all or part of the Service offered by K-SANTE, without prejudice to the compensation that K-SANTE would be entitled to claim.

During the validation of their subscription to the Service, the Consumer will be able to access the Service with their e-mail address and a password of his choice. The Consumer must imperatively maintain the confidentiality of his password to avoid any unauthorized use by a third party. The Consumer is informed, that in case of disclosure of his password to a third party, he will be responsible for all violations of these Terms and Conditions committed by the latter.

Any use of the Service made through the password of a Consumer is deemed to be made by the Consumer.
K-SANTE can not be held responsible for any loss or damage occurring due to the breach of confidentiality obligations incumbent on the Consumer.

5. Acceptance of the General Conditions of Sale

The Service is offered to the Consumer subject to his unconditional acceptance of these Terms and Conditions.

By validating his registration to the Service, the Consumer declares and acknowledges, therefore, having read, understood and accepted without reservation these Terms and Conditions of Sale.

K-SANTE reserves the right to modify in whole, or in part, and at any time these Terms and Conditions of Sale. It is therefore the responsibility of the Consumer to regularly refer to the latest version of the General Conditions of Sale permanently available on the DIETBON Site.

The Consumer is deemed to accept this latest version for each new Order, as well as accepting that his relations with K-SANTE will be governed by the version available on the DIETBON Website on date of the beginning any litigation claim against K-SANTE.

In case of non-compliance with these Terms and Conditions, K-SANTE reserves the right, without any compensation or notice, to suspend or close the account of the Consumer and refuse future access to all or part of the Service, without prejudice to the various criminal or contractual actions of common law which might be available.

6. The ordering process followed by the Customer

The order process:

K-SANTE offers the Consumer the possibility to place an order on the DIETBON Site, by phone (020 3885 0584) or by mail (129 Avenue Charles de Gaulle, 92200 Neuilly sur seine). For orders placed on the DIETBON Site, the automatic registration of the order is considered to be proof of the nature, content and date of the order.
K-SANTE offers Consumer Products where appropriate as part of a weight loss program developed by K-SANTE. The programs are defined by K-SANTE on the basis of the information provided by the Consumer through a questionnaire or during telephone appointments.
K-SANTE offers the consumer the opportunity to have, at the start of his program, a telephone consultation. These consultationa are provided by mutual agreement between K-SANTE and the Consumer. An appointment can only be postponed with the agreement of K-SANTE.
Appointments are reserved in in advance, and K-Santé should be notified 72 hours in advanced by the Consumer, of any difficulties in maintaining the appointment.
The appointment will be deemed to have been taken after two unsuccessful attempts to cohtact the Consumer.
The Consumer chooses from a set of Products available for sale by clicking on the button "Add to basket".
The Order is the subject of a summary which contains the specific information relating to the products contained on the order. Before validating an Order, it is the responsibility of the Consumer to verify that it corresponds to his wishes in terms of quantities of products. The Consumer can confirm his Order by clicking on the "CONFIRM YOUR ORDER" button.

The home delivery method does not allow delivery of orders for a product amount less than 70 euros (including shipping, discount code, loyalty points and voucher).
Les prix, volumes et quantités offerts à la vente et facturés sont ceux qui s'affichent au moment où le Consommateur valide la Commande et non au moment où le client la reçoit. Le prix des produits est indiqué en Euros toutes taxes comprises.If the customer buys products between 70 euros and 120 Euros (excluding shipping, discount code, loyalty points and voucher) from the website. a delivery fee of 12 Euros will be applied .The prices, volumes and quantities offered for sale and invoiced are those displayed at the moment the Consumer validates the Order and not at the moment when the customer receives it.The product price is shown inclusive of all taxes.

 

Order Confirmation :

The automatic order registration systems implemented by K-SANTE are expressly accepted as proof of the nature, content, price and date of the Order by the Consumer.
Upon receipt of the Order, K-SANTE confirms the order and total amount due to the Consumer. This confirmation sent to the email address which the Consumer has provided. It is expressly stipulated that the sales contract is only formalised once K-SANTE has confirmed the order. In the event that one of the Products selected as part of the Order is no longer available for sale, K-SANTE will notify the Consumer by email who will have the opportunity to request the substitution of said Product by another Product. The consumer can claim this right for a period indicated by K-SANTE in their email. In the event that an unavailable Product is not substituted, its cost will be refunded to the Customer in monetary form or in the form of loyalty points credited to his account.

Order Modification :

Once the order has been confirmed by internet, the Consumer will no longer be able to add further products to their Order.If they wish to delete items in the Order, they can do so by contacting the K-SANTE Customer Service no later than 48 hours before the delivery of their Products. The deletion of items in the Order, is subject to a minimum order of 220 euros per delivery (including delivery costs) and is only possible if the product order has not yet been placed with the suppliers.

Ordering a flexibility program:

When the customer chooses a Flexibility program, the customer commits himself for a period of 4 months within the limit of the conditions of retraction envisaged in article 8. The day after each delivery, a new order will be created to be delivered 28 days after the previous order. The Consumer will be debited for payment, 48 hours before the departure of the goods. From the fifth month, the customer will be able to suspend or cancel the program as they wish, using their customer account on the website (MY COMMANDS section) or by contacting Dietbon.

 

Loyalty points

An DietBon order excluding the Flexibility program awards loyalty points at the rate of 1 point for 1 Euros of order placed and paid . These points are converted to a credit at a rate of 100 points for 4 Euros, which can then be deducted from your next order. The total amount of the order must nevertheless be at least 70 Euros and must be paid at the time of the order. For example, if you have 2000 points that you want to use, you can deduct 80 Euros from an order of at least 150 Euros. You will therefore pay 70 Euros. It is not possible to use loyalty points for the Flexibility program.

 

7. Product Delivery

The delivery address must be in the K-SANTE Delivery Zone. Otherwise, the Order can not be delivered to the Consumer.It is the responsibility of the Consumer to provide the exact details necessary for the efficient delivery of his delivery.

Upon delivery, the Consumer must be able to prove his identity and provide the Order reference on the confirmation sent by K-Santé The Consumer undertakes to sign the delivery slip presented by the delivery personnel. By signing the delivery slip, the Consumer acknowledges having received the Products contained in their Order. In the event that the Consumer is not able to personally receive their order, they may give permission for a third party to receive the delivery. This person can then sign the registration form.

For all deliveries, the address, date and the time slot for Order delivery are chosen by the Consumer when placing their Order on the DIETBON Site. The Consumer must provide all the information required for delivery (access code, floor, building, etc ...). The Consumer undertakes to take delivery of the Products contained in their Order.The Consumer chooses a time slot among those offered on the DIETBON Site when they confirm their Order.

K-SANTE undertakes to make its best efforts, in collaboration with its service providers, to deliver at the address, date and time slot indicated by the Consumer when confirming their order. The delivery rules are detailed on the DIETBON Website within the "How it works" page. Orders are delivered from Tuesday to Saturday: between 8 and 13h in France and between 8h and 18h ??in Belgium, Luxembourg, Spain, Italy, Germany, Great Britain and the Netherlands.

In case of an unforeseen absence, the Consumer will have to inform K-SANTE the morning of the day before (before midday).

In the case of the Consumer being unavailable to receive their delivery according to the conditions determined during the Order confirmation, and without having notified K-SANTE within the time period specified above, the transporteur will keep the Products and a next day delivery will be offered to the Consumer.

The Consumers acknowledges having read and accepted the fixed additional delivery costs amount for the delivery charges that are detailed on the DIETBON Website in the "How does it work?" when confirming their order.

8. Retraction Period

In accordance with the law of January 6, 1988 and the directive n ° 97.7 of May 20, 1997, the customer has a period of retraction of FOURTEEN clear days as from the reception of the merchandise to return any product to K-SANTE Customer Services for exchange or refund without penalty.

It is obligatory to return the Products using Collissimo, with the related expenses being the responsibility of the Consumer, to the following address:

  • K-SANTE / DIETBON C/O :
  • SOEBUSINESS
  • 35/37 AVENUE DES BETHUNES
  • 95310 SAINT OUEN L'AUMONE

If K-SANTE fails to comply with the obligation to confirm the order, the withdrawal period is extended to three months from the date of receipt of the Products by the customer.

If, within this period of three months, the confirmation by e-mail is delivered and the consumer acknowledges receipt, the period of fourteen working days runs from the said confirmation.

In any case, in exercising the retraction period, K-SANTE is obliged to exchange the product or refund of the sums paid to the customer without charge. The refund is due within a maximum period of 30 days and will be made by either refunding the credit card used or by check.

However, if the customer exercises his right of retraction, he must, before receiving a refund, return the product in perfect condition within the specified time delays. K-SANTE reserves the right to claim damages if the product is no longer in its original state.

If the customer returns products that are no longer in their original state, K-SANTE will charge the product price as detailed on the 'one-off' order sales page : http://www.dietbon.fr/ order-a-la-carte.html. Likewise, if the customer has ordered 2 or 3 month program and decides to keep the first month of the program and to retract on future deliveries, he will have to pay the price of 1 month of program as if he had ordered 1 month of program at the start.

The consumer is prohibited from reselling the products. Any order placed by a Consumer is for his personal use or for the personal use of the person in whose name the delivery is to be made.

9. Payment Method

Payments for orders can be made:

By credit card using the the Paybox secure payment system

By credit card in 3 installments with a minimum order amount of 200 Euros for the 2 and 3 month programs: 33.33% on the order, 33.33% on the same day of the following month and 33.33% on the same day of the next month

By check payable to K-SANTE and addressed to 129 Avenue Charles de Gaulle, 92200 NEUILLY SUR SEINE. In this case, the order will be prepared once the the check has been cashed. It should be noted that cheque payments are not accepted for the Flexibility program.

Payments for products purchased by the Consumer are made in euros..

Following the confirmation of an order paid by credit card, the bank details given by the Consumer are forwarded to the Paybox server to ensure the validity of the payment details provided by the Consumer.

K-SANTE does not have access to the Consumer's banking information, which remains protected.

In the event of a payment by the Consumer, not being accepted, K-SANTE may refuse the Order, by refusing to validate the Order, for these situations, the terms of the contract of sales is no longer applicable.

10. Liability and warranty

Weight loss goals:

The achievement of the weight loss objectives established with the Consumer by K-Santé, is dependent on the strict monitoring of the program accepted and established by K-SANTE with the Consumer, but also of elements related to their general state of health (which have an influence on weight loss) and other factors such as lifestyle, physical activity and general psychological well-being.

As a result of the above, K-SANTE can not be held responsible for weight loss results and for the Consumer not achieving their weight loss objectives.

K-SANTE can not be held responsible failure for the failure of its food program to meet weight loss objectives if the Consumer has provided incorrect information, making the program unsuitable.

Similarly, if the Consumer suffers from a medical pathology or is taking medications, it is the responsibility of the Consumer to check any contraindications with his doctor to starting a program before placing an order.

K-SANTE does not guarantee the conformity of the quality of the Products offered on the DIETBON Website with Consumer requirements. Indeed, if the Consumer Service undertakes to carry out any procedures necessary to avoid the sale of Products of a quality inferior to the requirements of the Consumer, it is only bound by a duty of means.

The Consumer remains the sole judge of the appropriate Product content in order to meet their requirements

Any compensation owed by K-SANTE in case of defect resulting from a liability established against it, will only relate to direct damages. Indirect damages are those that do not result directly and exclusively from the failure of K-SANTE's services.

K-SANTE does not guarantee that the proposed Service will be continuous, without temporary interruption, without suspension or error.

K-SANTE reserves the right to suspend or withdraw a good or a service, for technical reasons or in case of violation of contractual stipulations and / or legal provisions. K-SANTE can not be held liable for damages resulting from such acts.

K-SANTE can not be held liable for damages of any kind, whether tangible or intangible, which could result from the misuse of its marketed products.
K-SANTE selects its partners to offer Consumers high quality services.

11. Force majeure

All events, of whatever nature, beyond the control of K-SANTE, irresistible, unpredictable and tending to delay or prevent the execution of the Order, constitute, by express agreement, a cause for suspension and / or the extinction of K-SANTE's obligations towards the Consumer, without compensation to the Consumer.Without limiting the scope of the other provisions of these General Terms and Conditions of Sale, K-SANTE's liability, whether in tort or contract, can not be engaged for acts due to a fortuitous event or to a third party or the victim of the damage.

The Consumer acknowledges that a fortuitous event includes breakdowns and technical problems concerning hardware, software and computer software or the Internet, these problems not being limited to interruptions, suspensions or closures of the Service. It acknowledges, therefore, that K-SANTE can not be held liable for damages related to these problems.

12. Personal data, cookies

Personal data
The personal data collected on the Consumer during his registration with the Service are subject to the provisions of Law No. 78-17 of 6 January 1978 relating to Information Technology and Liberties.The Consumer therefore has the right of objection provided for in Article 26 of the said Law, the right of access provided for in Articles 34 to 38 of the said Law, and the right of rectification provided for in Article 36 of the said Law. These rights of access and rectification can be exercised by sending an email to the following address: info@dietbon.com.K-SANTE does not communicate the Consumer's personal data to third parties without their prior agreement.

Cookies
The connection to an Internet server sends certain data to the browser which is stored on the hard disk of the Consumer's computer. The software used to collect this information is called "cookies". The Consumer may, if he wishes, modify his browser to refuse cookies.
This manipulation will not prevent the connection on the DIETBON Site, but may delay the loading times of the pages and will require a systematic identification of the Consumer when connecting to the DIETBON Site by entering their e-mail address and password word.

13. Intellectual property

All contents of the DIETBON Site are the property of K-SANTE. All rights of use are reserved for them.The Consumer acknowledges and accepts that the content of the DIETBON Website (including text, software, architecture, photographs, videos, illustrations, logos, brands, etc.) is protected by intellectual property rights. Under these conditions, the Consumer is not permitted in any case to use or reformat the contents of the DIETBON Site without the prior written consent of K-SANTE.

The brand "DIETBON" and the logo "DIETBON" are registered trademarks. Any reproduction is, therefore, an infringement. K-SANTE may in this instance sue for damages.
The photographs are not contractual. K-SANTE is not responsible for the minimal differences that may exist between the photo of the product and its actual appearance.

14. Hypertext links

The K-SANTE Site reserves the right to create hypertext links to third party websites or other Internet sources.
Third parties may create hypertext links to the DIETBON Website.
The content of our site is original. When medical information comes from an external source, it is cited through a bibliographic list , with, where possible an html link to access it.
To the extent that K-SANTE can not control these sites and these external sources, the Consumer acknowledges that K-SANTE can not be held responsible for the provision of these sites and external sources.
K-SANTE can not, therefore, be held responsible for the content, advertising, products, services or any other materials available on or from these sites or external sources.In addition, the Consumer acknowledges that K-SANTE can not be held liable for any damage or loss proven or alleged, consecutive or in connection with the use or with the fact of having accepted the contents, goods or services. services available on or from these external sites or sources. K-SANTE cannot be held responsible for the content of the referenced sites included in the index, for any errors or omissions contained on these websites, or for any non-objective, lawful or illegal content broadcast on these websites.Consumers acknowledge that they must exercise judgment and bear all risks associated with their use of the Content and, in particular, reliance upon the , appropriateness, usefulness or completeness of such content, whether it is created by K-SANTE or by third parties accessible from the DIETBON Site, through links and in particular its research services

15. Modification and Service Interruption

K-SANTE reserves the right, at any time, to modify or temporarily interrupt all or part of the proposed Service for technical reasons or in the event that a Consumer has not paid the Order, and without first having to inform the Consumer.
The Consumer can not hold K-SANTE liable modifications and service interruptions.

16. Termination due to Consumer misconduct

In case of violations or acts by the Consumer contrary to these Terms and Conditions, K-SANTE may:

  • terminate all or part of the right of access corresponding to his account and his password, or even to delete his account and his password;
  • and / or remove or relocate all or part of the content concerning the Consumer and available on the K-SANTE Website;
  • and / or unilaterally interrupt the provision of the Service at any time.

The termination for lack of access to the Service under the terms of these Terms and Conditions of Sale may occur without prior notice.

If necessary, K-SANTE is entitled to deactivate or delete at any time and with immediate effect their account and any files or information in this account and / or prohibit any subsequent access to these files or the Services.
Finally, the Consumer acknowledges that K-SANTE can not be held liable towards him or against third parties for any termination of his access to the Service motivated by the violation of these Terms and Conditions and / or legal provisions.

17. Undertakings

These General Conditions of Sale constitute the entire agreement between K-SANTE and the Consumer regarding the use of the Service.They replace any agreement previously made between K-SANTE and the Consumer.

18. Miscellaneous

K-SANTE's failure to exercise the rights granted to it by the terms presented in the General Terms and Conditions of Sale does not constitute a waiver of asserting its rights.If one or more provisions of these General Conditions of Sale are declared null or void by application of a law or a judicial or administrative decision, the other provisions remain binding.

19. Customer service

The Consumer must contact the K-SANTE Consumers Service for all complaints wit to find an amicable solution together..

  • Email address : contact@dietbon.com
  • Phone number : 020 3885 0584 (price of a local call)
  • Address: 129 Avenue Charles de Gaulle, 92200 NEUILLY SUR SEINE

The Consumer service is open from Monday to Friday from 10am to 7pm.
The Consumer Service's mission is to ensure an efficient and effective service for direct sales on the DIETBON Site, while developing an optimal user experience for Consumers.

To achieve this, the Consumer Service undertakes to make every effort to ensure the products sold on the DIETBON Site are of the highest possible quality.To maintain the quality of the Products offered for sale on the DIETBON Website, the Customer Service undertakes to make its best efforts to ensure:

  • The conformity of the DIETBON Site with the applicable legislation: in particular by systematically destroying the Product Sheets whose Products and / or their sale are prohibited in France, as well as messages or remarks of a racist nature or inciting violence and defamatory messages;
  • the quality of the Product Sheets, especially by systematically destroying the Product Sheets and the Questions / Answers whose terms reveal personal details or advertising messages.

The Customer Service is bound by an obligation of means. It undertakes to make every effort (in terms of human and technical resources) to fulfill the above commitments. In case of failure, the Customer Service counts on the various Consumers to point out the Product Sheets and / or messages in dispute.

The Customer Service is the interface through which all contacts between Consumers and K-SANTE take place. As such, the Customer Service undertakes to:

  • to assist consumers when they face problems using the DIETBON Website;
  • make available to the Consumer a Question / Answer service by email allowing the Consumer to have an answer to a question related to the DIETBON Website and / or its content within a maximum of 72 (seventy-two) hours;
  • take into account the suggestions of the Consumers;

If K-SANTE is unable to meet its commitments (product unavailable or delivery problem), the Consumer is informed as soon as possible of the finding of the incident by any appropriate means. The customer and the Customer Service may agree on an amicable agreement.

The Customer Service undertakes to operate in the strictest respect for the privacy of Consumers and undertakes not to disclose any information to third parties.

20. Applicable law

These General Conditions of Sale are subject to French law.