GENERAL TERMS AND CONDITIONS OF SALE (January 1, 2021)
Article 1: General Information
These General Terms and Conditions of Sale (hereinafter "GTC") are intended to define the rights and obligations of the parties in the context of the online sale of goods and services offered by PILOS SAS (hereinafter "the Seller" or "the Party") to customers (hereinafter "the Customer" or "the Party"), together (hereinafter "the Parties"). PILOS SAS reserves the right to change the GTC at any time, provided that such changes are displayed on its website.
The information on the website www.nutragile.fr, regarding catalogs, photography, notes, etc., is provided for informational purposes only and may be modified by the Seller without prior notice. The Customer's act of placing an order or accepting an offer from the Seller implies the unconditional acceptance of these GTC.
Article 2: Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these GTC, the order form. In case of a contradiction between the provisions contained in documents of different ranks, the provisions of the higher-ranked document shall prevail.
Article 3: Entry into Force - Duration
These GTC come into force on the date of acceptance of the order. The GTC are concluded for the duration necessary for the provision of the goods and services subscribed to, until the expiration of the guarantees owed by PILOS SAS.
Article 4: Order and Order Validation
The order is placed directly on the website "pilos.fr" by selecting the products offered. The Customer receives a summary of their order, allowing them to verify and, if necessary, modify it before validating it. The validation of the GTC is then proposed, as well as the selection of a payment method. Immediately afterward, the Customer can view the proof of their order, confirming its registration by PILOS SAS. The Customer's commitment to PILOS SAS takes effect from the acceptance of payment for the order. After payment, the Customer receives an electronic confirmation of payment acceptance for the order, along with an acknowledgment of receipt confirming the order.
Article 5: Proof of Transaction
The computerized registers, kept in the information systems of PILOS SAS under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. Archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 6: Information on Products and Goods
PILOS SAS presents on its website www.nutragile.fr the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility for the Customer to know, before placing a final order, the essential characteristics of the products they wish to purchase. The offers proposed by PILOS SAS, including promotional operations and packs, are valid only while stocks last.
Article 7: Prices
The public prices are indicated in euros, including all taxes (T.T.C.), applicable on the day of the order and are only valid on the date of validation of the order by PILOS SAS. They do not include delivery fees, which may be charged additionally and indicated before the order validation. Prices may be modified without prior notice and at any time.
Article 8: Payment Methods and Conditions
To pay for their order, the Customer has, at their choice, all the payment methods listed on the website www.nutragile.fr, as detailed below:
By Eurocard, American Express, using Prestashop Checkout and its secure SSL system.
By Paypal.
By Bank Transfer: The bank details of PILOS SAS will be provided to the Customer after selecting bank transfer as the payment method in the order confirmation.
By Check: Goods will only be shipped after the check is received.
In the case of payment by credit card, the transaction is immediately debited after the verification of the card details, upon receipt of the authorization to debit from the card issuer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By providing the details of their credit card, the Customer authorizes PILOS SAS to debit their credit card for the total price. For this purpose, the Customer guarantees that they have the necessary authorizations for the use of the concerned credit card. If the total price cannot be debited, the online sale will be automatically terminated and the order canceled. The information provided by the Customer regarding their credit card is only communicated to the bank. The transfer of information is fully protected by encryption, and the entire payment process is carried out entirely on the bank's server. PILOS SAS will never have access to the Customer’s credit card information.
Article 9: Product Availability
Orders will only be shipped after receipt of payment and/or approval from the payment center. In case of unavailability of the ordered product, especially due to the suppliers, the Customer will be informed as soon as possible and will be fully refunded within thirty (30) days of the payment made. If the total amount of the cart allows the Customer to receive free delivery, whether at home or otherwise, this free delivery will still apply to the Customer, even if, due to the refunded out-of-stock product, the cart amount falls below the free delivery threshold.
Article 10: Product Quality and Compliance
10.1. Legal Warranty of Compliance
All products sold on pilos.fr benefit from the legal warranty of compliance (Articles L217-1 and following of the Consumer Code) and the warranty against hidden defects (Articles 1641 and following of the Civil Code), which allow the buyer to return defective or non-compliant products. The Customer is informed that PILOS is responsible for ensuring the compliance of the products with the contract under these two legal warranties. The Customer has a period of two years from the delivery of the product to act under the legal warranty of compliance. In this case, the Customer may choose between repair or replacement of the Product, subject to the cost conditions stipulated in Article L217-9 of the Consumer Code. The Customer may decide to invoke the warranty against hidden defects as defined in Article 1641 of the Civil Code. In this case, the buyer can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Article L217-4 of the Consumer Code:
The seller delivers goods in compliance with the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity arising from packaging, assembly instructions, or installation if the contract so requires or the installation was performed under their responsibility.
Article L217-5 of the Consumer Code:
The product is in compliance with the contract:
if it is fit for the usual use expected of a similar product, and, if applicable;
if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect considering public statements made by the seller, the manufacturer, or its representative, particularly in advertising or labeling;
or if it has the features defined by mutual agreement between the parties or is fit for any specific use sought by the buyer, made known to the seller and accepted by them.
Article L217-12 of the Consumer Code:
Actions arising from a lack of compliance are prescribed within two years from the delivery of the goods.
Article L217-16 of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial warranty granted at the time of the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period begins from the buyer's request for intervention or from the availability of the product for repair, if this is after the intervention request.
Article 1641 of the Civil Code:
The seller is liable for hidden defects of the item sold which make it unsuitable for its intended use, or which diminish its use so much that the buyer would not have bought it, or would have paid a lesser price had they known of these defects.
Article 1648, first paragraph, of the Civil Code:
The action resulting from hidden defects must be initiated by the buyer within two years of discovering the defect.
10.2. Commercial Warranties
Certain products sold may also benefit from a commercial warranty, called the "Manufacturer's Warranty," to which PILOS is not a party. Therefore, PILOS cannot be held responsible if the manufacturer refuses to apply its warranty. The scope and duration of this warranty vary from one supplier to another. The Customer can consult the exact terms of the warranties on the manufacturer's website and in the product manual.
Any return of the product under the aforementioned warranty must undergo a basic verification by PILOS to confirm the product's failure. To this end, the Customer should contact PILOS' after-sales service. The defective product must be returned in its original packaging, with all parts and accessories. Any incomplete, damaged, or defective product, or one whose original packaging has been damaged, will not be accepted for exchange or return under the warranty. All shipping costs and risks related to returning the product are the responsibility of the Customer. The product under warranty will, at the manufacturer's discretion, be exchanged or repaired. PILOS does not guarantee the Customer, in terms of hidden defects that may affect the delivered products, except for replacing defective products or parts that render them unfit for use, and cannot be held responsible for any harmful consequences these hidden defects may have caused.
In any case, the warranties do not cover:
the replacement of consumables;
abnormal and non-compliant use of the products;
damages specified in the product information sheets;
defects and their consequences due to intervention by the Customer or an unauthorized repairer;
defects and their consequences related to the use of the product for purposes other than those intended (professional, collective use, etc.);
products subject to a specific assistance and maintenance contract.
Article 11: Deliveries and Receipts
11.1. General Rules
Products are delivered to the address provided by the Customer during the online order.
Any delays by the carrier chosen by the Customer do not entitle the buyer to cancel the sale, refuse the goods, or claim damages. All goods travel at the recipient's risk and peril under the conditions outlined in this article.
In the case of an error in the delivery address details, PILOS SAS cannot be held responsible for the inability to deliver. Once the order is paid and validated, it is no longer possible to change the delivery address. The Customer can choose to have the invoice sent to a billing address different from the delivery address using the option provided for this during the online order.
In case of absence during the first delivery attempt by Colissimo, Colissimo will leave a notice, and the Customer may pick up their package at the post office of the delivery address. The Customer then has 15 days to collect the package. If the package is not collected within this period, it will be automatically returned to PILOS SAS. If the Customer requests a new shipment, they will have to pay the associated shipping fees.
In case of delivery to a pick-up point, the Customer has 10 days to collect their package if it is a Chrono Relais point, and 15 days if it is a Mondial Relay point. If the package is not collected within this period, it will be automatically returned to PILOS SAS. If the Customer requests a new shipment, they will have to pay the associated shipping fees.
11.2. Delivery Terms and Costs
See the "Delivery Conditions" page on our website.
11.3. Receipt
Upon receiving the order, the Customer must:
Check the conformity of the delivered goods at the time of delivery by opening the package in the presence of the carrier.
Indicate any anomalies on the delivery slip with a precise handwritten reservation (such as damaged product, broken bottle, open jar...) along with their signature. Note that comments such as "subject to unboxing" or "subject to inspection" have no legal value and will not be accepted in case of dispute.
Refuse the package if it is too damaged. The Customer must then notify PILOS's customer service by email, which will initiate an investigation with the carrier. This investigation can take up to 21 working days. In all cases, the Customer agrees to provide all evidence allowing PILOS to file a claim with the carrier.
11.4. Right of Withdrawal
In accordance with Article L. 121-21 of the Consumer Code, the individual consumer Customer has a 14-day withdrawal period from the date of delivery of the product, allowing them to cancel all or part of their order with PILOS SAS.
This right is not applicable to products made according to the Customer’s specifications or clearly personalized, or to products that have been unsealed or damaged by the Customer after delivery, or products that, due to their nature, cannot be returned for hygiene reasons or that are liable to deteriorate.
After notifying PILOS SAS of their decision to withdraw in writing (by email or post), the Customer has 14 days to return the products at their expense, following the procedure outlined below:
a) A withdrawal form must be attached to the returned product, using the sample form included below, according to the requirements of decree n° 2014-1061 of September 17, 2014, relating to pre-contractual and contractual information obligations for consumers and the right of withdrawal.
Sample Withdrawal Form:
"To PILOS SAS - 35bis rue de la Ferronnerie, Z.I de Bonnecombe 81200 MAZAMET - France email: contact@pilos.fr
I hereby notify you of my withdrawal from the contract for the sale of the below goods:
Order or delivery note number:
Ordered on:
Received on:
Customer’s name:
Customer’s address:
Customer’s signature:
Date:"
b) The returned product(s) must be sent in their original packaging, including labels, and sent at the Customer’s expense to the following address:
PILOS SAS - 35bis rue de la Ferronnerie, Z.I de Bonnecombe 81200 MAZAMET - France
At their discretion, the Customer may receive a credit note for the amount paid or be refunded the amounts paid within 14 days of PILOS SAS being informed of the withdrawal.
11.5. Delivery Errors or Damage
PILOS SAS undertakes to refund the Customer or exchange the product in the event of a delivery that does not match the order, only if the error was made by PILOS SAS. In this case, the Customer must submit a claim by email or registered mail to PILOS SAS as soon as possible after delivery. The claim must include the Customer's contact details, delivery note number, product references, invoice number, and reasons for the claim. Returned products will only be accepted if they are in a condition suitable for resale, i.e., complete, in their original condition (packaging, accessories, instructions, etc.). The purchase invoice must be included.
Article 12: Product Warranty / Liability
The products offered by PILOS SAS comply with the applicable laws and standards in France. PILOS SAS strives to provide accurate information about the products offered, both through photos and product descriptions and features. Hyperlinks may lead to other websites. PILOS SAS is not responsible for the content of these sites if it violates the applicable laws and regulations.
Total or partial inability to use the products, especially due to incompatibility with the ordered equipment, does not entitle the Customer to any compensation, refund, or claim against PILOS SAS.
The Customer is expressly informed that PILOS SAS is not the producer of all the products presented on the www.nutragile.fr website, according to Law No. 98-389 of May 19, 1998, on the responsibility for defective products. PILOS SAS does not unseal or open sealed products.
If the Customer does not comply with the normal usage conditions or fails to follow the manufacturer’s usage, maintenance, or safety instructions, PILOS SAS's liability cannot be engaged.
In certain cases, the Customer may benefit from the warranty of conformity or hidden defects. To know the steps to follow for after-sales service, the Customer can contact PILOS SAS. To benefit from these guarantees, the Customer must keep the purchase invoice.
These guarantees do not cover:
The replacement of consumables,
Abnormal or non-compliant use of the equipment or products,
Failures related to accessories (e.g., power cables),
Defects and their consequences resulting from improper use of the equipment or products,
Defects and their consequences due to external causes. Similarly, PILOS SAS is not responsible for any damage caused by an animal’s defense or theft.
Article 13: Mediation in Case of Dispute
In case of a dispute, any Customer may choose to resort to the mediator of the Federation of Distance Selling (FEVAD), in accordance with Article L 612-1 of the Consumer Code, at the following address: https://www.mediateurfevad.fr/.
Article 14: Retention of Title Clause
It is expressly stated that PILOS SAS remains the owner of the delivered goods until the full payment of the sale price by the Customer, in accordance with the current legislation.
In case of non-payment, PILOS SAS may retain the goods in its possession and reclaim those already delivered, wherever they are, without prejudice to any action for damages due to partial or total non-payment.
The ownership and risk of the goods are transferred to the Customer upon delivery and throughout the retention period for PILOS SAS's benefit. The Customer will ensure the goods are insured against any risks they may face or cause from the time of delivery.
In the event that PILOS SAS enforces the retention of title clause, any sums already paid by the Customer will remain with PILOS SAS as damages, without prejudice to other claims.
Article 15: Force Majeure
Neither party will be deemed to have failed in its contractual obligations if the performance is delayed, hindered, or prevented by an unforeseeable event or force majeure. Force majeure includes any irresistible, external, unpredictable, unavoidable circumstances beyond the parties' control that cannot be prevented despite reasonable efforts. The affected party will notify the other party within ten (10) business days of becoming aware of the event. The parties will then review the event’s impact and agree on conditions for continuing contract performance within one (1) month, unless it is impossible due to the force majeure event. If the force majeure event lasts more than three (3) months, the present terms and conditions may be terminated by the affected party. Force majeure includes, but is not limited to, transportation or supply disruptions, earthquakes, fires, epidemics, storms, floods, lightning, telecommunication network outages, or difficulties external to the customer.
Article 16: Partial Invalidity
If any provision of these General Terms and Conditions (GTC) is held invalid or declared so by law, regulation, or a final court decision, the remaining provisions will retain their full force and effect.
Article 17: No Waiver
The fact that one party does not invoke a breach by the other party of any of the obligations specified in these GTC shall not be interpreted as a waiver of the obligation in question for the future.
Article 18: Title
In case of difficulty in interpreting any title of the clauses and one of the clauses, the titles will be deemed non-existent.
Article 19: Collection
After PILOS SAS’s approval, professional clients must settle invoices within 15 days of receipt. If full payment is not made within this period, penalties will be charged based on three times the legal interest rate, per day of delay, without the need for a reminder. Additionally, in case of late or partial payment by a professional client, a fixed collection fee (Article D. 441-5 of the Commercial Code) of €40, excluding VAT, will be charged, in addition to the late payment penalties.
Article 20: Governing Law
These GTC are governed by French law. In case of dispute between the parties, the territorially competent courts will be seized by the most diligent party.
Article 23: Data Protection
The information requested from the Customer is necessary for processing their order and may be communicated to PILOS SAS's contractual partners involved in order fulfillment. The Customer may write to PILOS SAS (contact details at the beginning of these GTC) to object to such communication, or to exercise their rights of access, rectification regarding their personal data in PILOS SAS’s files, as provided by the law of January 6, 1978.