General conditions of sale
The company TRYVITE SAS with a share capital of €1000, registered with the RCS of Cannes under the number: 849 976
402, Intra-community VAT number: F R 0 8 8 4 9 9 7 6 4 0 2, (ci -after “the Seller”) makes available
its Customers via its website www.tryvite.com (hereinafter the “Site”) products or services (hereinafter the
“Products” or Services"). It is specified beforehand that these General Conditions of Sale (hereinafter
the “GTC”) exclusively govern the sale of Products or Services on the Site.
Head office: 25 Chemin de l' Aubarède, 06110 – Le Cannet, France
Telephone number: 00330766750356
The Internet user visiting the Site and who is potentially interested in the Products and Services offered, is invited to
read these T&Cs carefully. He is invited to print them and/or save them on a durable medium, before
placing an order on the Site.
The Customer acknowledges having read the GCS and accepts them in full and without reservation.
Application of the GCS
The Seller reserves the right to modify the GCS at any time by publishing a new version of these
on the Site. The GCS applicable to the Customer are those in force on the day of his order on the
This Site offers the online sale of the following products:
Access to the Site is free is free for all Clients. The Customer declares to have read these
GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. Ticking this box will be deemed to have the same value as a handwritten signature
on the part of the Customer.
Acceptance of these GCS assumes on the part of Customers that they have legal capacity
needed for this. If the Customer is a minor or does not have this legal capacity, he declares to have
the authorization of a guardian, a curator or his legal representative.
The Customer recognizes the evidential value of the systems automatic registration of the Seller and, except for him
to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 1 – Price and terms of payment
1.1 – Pricing
The prices of the Products and Services are indicated in euros, all taxes included (VAT + other taxes and
in particular tax on videograms, eco-participation, etc. excluding participation in processing and
TRYVITE reserves the right to modify its prices at any time and to pass on, if applicable, any change in the rate of
VAT in force on the price of the Products or Services offered on the Site. However, the products will be
invoiced on the basis of the prices in force at the time of the order validation. The prices are displayed excluding the
contribution to the processing and shipping costs.
In the event of an order to a country other than mainland France, the Customer is deemed to be the importer of the
or products concerned. For all products shipped outside the European Union and DROM-COM, the price will be
calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the purview
of TRYVITE. They will be the responsibility of the Customer and are their sole responsibility, both in terms of
declarations and payments to the competent authorities and/or bodies in your country. The Customer is advised to
inquire about these aspects with his local authorities.
1.2 – Late payment penalties
In the event of late payment by the Professional Customer, the Seller may suspend all orders in progress
, without prejudice to any other course of action
Any amount not paid to the he deadline set by these GCS entails automatically, without formality or formal notice
, from the day following the payment date provided for on the invoice, the application of late payment penalties
of an equal amount at the rate applied by the European Central Bank to its most recent refinancing operation
plus ten points.
The Seller reserves the right to ask the Customer for an additional sum if the recovery costs
incurred are greater than this amount.
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date
of the price without any prior formal notice being necessary.
In addition to late payment compensation, a lump sum compensation for recovery costs ent of a sum of 40 euros
will also be due, automatically and without prior notification to the Customer.
Article 2 – Orders and customer account
2.1 – Customer account
In order to be able to place an order, the Customer is invited to create an account (personal space).
The Customer must register by completing the form provided when the account was created, and undertakes to
provide sincere and accurate information concerning their marital status and contact details, in particular their email address
. The Customer can modify them at any time by logging into their account. He is responsible for updating
the information provided.
To access his personal space and order history, the Customer must identify himself using his
username and of his password which will be communicated to him after his registration and are strictly
personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible
for the use that will be made of it.
The Customer may request his unsubscription at any time by going to the dedicated page or by sending an
email to info @tryvite.com. This will be carried out within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the TRYVITE site will have the possibility
of suspending or even closing a customer's account after formal notice sent electronically and
remained without effect.
Any deletion of the account, for whatever reason, results in the pure and simple deletion of all
personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server
and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the
2.2 – Methods of payment
The Customer may place an order on this Site and can make payment by:
- Bank card
No data relating to the Customer's means of payment is collected by the Site. Payment is made
directly to the bank or payment service provider receiving payment from the Customer. In the event
of payment by check or bank transfer, the delivery times defined in the "Delivery" article of the
present GCS only begin to run from the date of actual receipt of payment by the
Seller, the latter being able to provide proof of this by any means.
Purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy
. The computerized registers will be considered by the parties as proof of communications,
orders, payments and transactions between the parties.
2.3 – Orders
The Customer can place an order on:
- On the Internet: wwwtryvite.com
The contractual information is presented in French and will be the subject of a confirmation containing
this contractual information at the latest at the time of your order validation.
2.4 – Payment terms
The price is payable in cash, in full on the day of the order.
Article 3 – Validation of the order
The Customer declares to have read and accepted these General Conditions of Sale before placing your order. The validation of his order therefore implies acceptance of these General Conditions
Article 4 – Availability
The availability of the Products is indicated on the Site, in the description of each Product. In
the event of product unavailability after placing the order, the Customer will be informed of the date of availability of the product.
Article 5 – Delivery
5.1 – General
The products are delivered to the delivery address that the Customer will indicate during the ordering process, except
delivery restrictions indicated on the order validation page by the customer.
The Site has no geographic delivery limitation, orders can be shipped anywhere in the
world. In the event of delivery of a Product outside the territory of the European Union and in the DROM-COM,
the Customer declares himself the importer of the Product and accepts that in such a case, the Seller may be in the the material impossibility
of providing him with exact information on the total amount of costs relating to customs duties and
formalities or import taxes applicable in the country where delivery of the Product is
Unless otherwise stated on the Site during the ordering process or in the description of the Products
ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30)
If the chosen delivery method is relay point but it is not selected, we will do it for you by choosing the nearest relay point.
5.2 – Delivery times
The delivery time corresponds
to the shipping time indicated on the Item sheet to which is added
the processing time and delivery.
In the event of delivery by a carrier requiring an appointment to be made with the Customer, the latter will
contact the Customer as soon as possible to arrange a delivery appointment , 30 days at the latest
from the date of your order validation. TRYVITE cannot be responsible for delays in delivery due exclusively to the unavailability of the customer after several appointment proposals by the
In the event of orders for several products at the same time and that these have different delivery time, the
order delivery time is based on the farthest time. However, TRYVITE reserves the
possibility of splitting shipments. Participation in processing and shipping costs will only be invoiced
for a single shipment.
In the event of payment by bank or private card and split deliveries, only the products shipped are
The customer is reminded that when he (or a third party designated by him) takes physical possession of the
products ordered, the risk of loss or damage to the products is transferred to him.
Article 6 – Errors and delays in delivery
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller
will contact the Customer upon receipt of the parcel in return to ask him what to do with his order If the
Customer has refused the parcel by mistake, he may request it to be returned by first paying the postage
for the new shipment . Postal costs must be paid even for orders for which
shipping costs were free when ordering.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the
Seller in full and in perfect condition. Any defect resulting from a clumsiness or a false
maneuver by the Customer cannot be attributed to the Seller.
In the event of a delay in dispatch, an email will be sent to the Customer to inform him of a possible consequence on
the delivery time which was indicated. In the event of late delivery, a new delivery time will be offered.
Any late delivery in relation to the date or time indicated to the Consumer Customer when placing his order or, failing indication of date or deadline when ordering, greater than thirty (30) days from
from the conclusion of the contract may result in the resolution of the sale at the initiative of the Customer
Consumer under the conditions provided for in articles L 216-2, L 216-3 and L241-1 of the Consumer Code.
The request must be written on his part, sent by registered letter with acknowledgment of receipt
if after having ordered the Seller to make the delivery it did not run. The Client
Consumer will then be reimbursed, at the latest within fourteen (14) days following the date on which the
contract was terminated, of all the sums paid. This clause is not intended to apply if the
delay in delivery is due to a case of force majeure.
Article 7 – Reception
In the event of reservations about the delivered product (for example: damaged package, already opened, etc.), the Customer must
notify them immediately to the carrier and to TRYVITE . The Customer may refuse a package at the time of
delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the
delivery slip, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the
Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To
exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the
carrier and have him take back the damaged goods. Failing to comply with these requirements, the
Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the request to exercise
the Customer's right of refusal.
Article 8 – Transfer of ownership – Transfer of risks
Acceptance of the order form by the Seller automatically entails the transfer of ownership of the
Products ordered. Acceptance of the order of order by the Seller automatically entails the transfer
of the risks on the Products ordered.
Article 9 – Right of withdrawal
9.1 – Legal deadline for the right of withdrawal
In accordance with the legal provisions in force (article L.221-18 of the Consumption), the Customer
has a period of 14 days from the placing of the order to exercise his right of withdrawal
without having to justify reasons or pay a penalty.
The Site offers the sale of the following Products, for which the right of withdrawal for Consumer Customers
cannot apply, pursuant to Article L221-28 of the Consumer Code: – Supply of goods
likely to deteriorate or expire rapidly
9.2 – Terms of withdrawal
In the event of exercise of the right of withdrawal within the period referred to above, only the price of the or products
purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.). ) allowing
their remarketing in new condition. In the event of depreciation of the product resulting from manipulations other than
those necessary to establish the nature, characteristics and proper functioning of the product, the
responsibility of the Customer may be engaged. It is understood that the Customer will bear the cost of returning the Product
in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot
normally be returned by the Job. If the previous obligations are not carried out, the Customer will lose
his right of withdrawal and the Product will be returned to him at his expense.
To exercise his right of withdrawal, in accordance with the legal provisions, the Customer can find below attached in
Annex 2 the standard withdrawal form to be sent to TRYVITE at the following address: TRYVITE 25 Chemin
de l'Aubarède, 06110 – Le Cannet, France
. Once the withdrawal form or declaration has been sent to TRYVITE no later than 14 days
following receipt of your order, the Customer must return the product(s) concerned to TRYVITE within
a reasonable time and, at later, within 14 days from the sending of the form or the declaration of withdrawal to TRYVITE.
The request must mention the order concerned by this withdrawal. If the returned package does not reach
the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter. The Customer may exercise his right of withdrawal by:
The Customer may exercise his right of withdrawal by:
In the event of exercise of the right of withdrawal, TRYVITE will reimburse the sums paid at the latest
within 14 days from the date on which TRYVITE is informed of your decision to withdraw
and according to the same means of payment as that used for the order (unless expressly agreed by the Customer for a
refund according to another method of payment).
This refund date may be deferred until receipt of the product or until the Customer has
provided proof of shipment of the product. The Seller is not required to reimburse the additional costs
in the event of the choice of a more expensive delivery method than the standard delivery method
offered on the Site.
The right of withdrawal is also extended to professionals who meet the following conditions:
professionals who have concluded off-premises contracts when the subject of these contracts does not fall
within the scope of the main activity of the professional solicited and that the number of employees employed by him is less than or equal to five. The deadlines are identical to those of the previous paragraph.
Article 10 – Warranties 10.2 – Condition: Money Back Guarantee We give our customers the opportunity to return the products they have ordered from our online store within 30 days of purchase. After returning the product, you will receive a refund. Return and shipping costs (if the delivery was free) are the responsibility of the customer. Article 11 – Liability Article 12 – Intellectual Property Article 13 – Applicable law – Disputes – Handling complaints – Mediation Mediation of consumer disputes: Article 14 – Personal data Appendix 1 Appendix 2 – Withdrawal form Date: ……………………………………………………………….
10.1 – Product conformity
In accordance with the provisions of the legal guarantees of conformity and hidden defects (referred to in the box below and the texts of which are specified in Appendix 1 of these conditions), TRYVITE refunds or exchanges
products that are apparently defective or do not correspond to the Customer's order. The Customer must then
contact the Seller as soon as possible.
The products must be returned in the state in which the Customer received them with all the elements
(accessories, instructions, etc.) in packaging allowing transport in good conditions. Shipping costs
will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of
It is recalled that within the framework of the legal guarantee of conformity, the consumer :
benefits from a period of two years from the delivery of the good to act vis-à-vis its seller;
can choose between the repair or the replacement of the good, subject to the cost conditions provided for
by Article L. 217-9 of the Consumer Code;
is exempted from providing proof of the existence of the lack of conformity of the goods during the six months
following the delivery of the goods . This period is extended to 24 months from March 18, 2016, except for used
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods.
It is recalled that the consumer can decide to implement the
guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this
case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with
article 1644 of the Civil Code.
The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this article.
Please note the following:
The Seller's liability can only be incurred in the event of gross negligence, intentional or fraudulent. In
all other cases, the Seller's liability can never be sought or engaged by the Customers.
The products offered comply with the French legislation in force.The responsibility of TRYVITE cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer
to check with the local authorities the possibilities of importing or using the products or services he
plans to order.
All texts, comments, works, illustrations, works and images reproduced or represented on the
TRYVITE Site are strictly reserved under copyright as well as under intellectual property and
for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only
use for private use subject to different or even more restrictive provisions of the Intellectual Property Code
is authorized. Any reproduction or total or partial representation of the Site or of all
or part of the elements found on the Site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected under copyright law.
marks. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited
and must be subject to the prior written authorization of the trademark holder.
This contract is subject to French law. The language of this contract is the French language
. In the event of a dispute, the French courts will have sole jurisdiction.
Complaint handling: For any complaint, you can contact customer service at the
contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction:
In in the event of difficulty arising when ordering or delivering items sold on the Site, the
Customer will first contact TRYVITE to seek an amicable solution. The Customer has the option of
resorting to a conventional mediation procedure or any other alternative means of settling
In the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000 :
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the
Customer may in any case resort to conventional mediation, with existing sector-based mediation
bodies or any alternative dispute resolution method in the event of a dispute. In this case,
the designated mediator is
73 boulevard de Clichy, 75009 Paris
01 49 70 15 93
Online Settlement Platform of Disputes:
In accordance with Article 14 of Regulation (EU) No. 524/2013, an Online Dispute Resolution platform
has been set up by the European Commission, facilitating independent settlement by out-of-court
of online disputes between consumers and professionals in the European Union. This platform is
accessible at the following link: https://webgate.ec.europa.eu/odr/
In addition to these General Conditions, the site has a confidentiality and data management policy
which describes how personal data personal data are processed when the user visits the site, as well as the way cookies are used.
Article L. 217-4 Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the
or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 Consumer Code
The good complies with the contract:
presented to the buyer in the form of a sample or model;
statements made by the seller, the producer or his representative, in particular in
advertising or labelling;
sought by the buyer, made known to the seller and accepted by the latter.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period
immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period
runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for
the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or
would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from
the discovery of the defect.
In the event of withdrawal of your order placed on TRYVITE, please complete and return this
form – except for exclusions or limitations on the exercise of the right of withdrawal in accordance with the General Conditions of Sale
For the attention of TRYVITE 25 Chemin de l'Aubarède, 06110 – Le Cannet, France
I hereby notify you of my withdrawal from the contract relating to the sale of the good / for the presentation of
service() below: Ordered on ………………………………….. / Received on ………………… …………………………………………….. ()
Order number: ……………………………………………… ……………………..
Name of consumer(s): ………………………………………………………………..
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Delete as appropriate
10.2 – Condition: Money Back Guarantee
We give our customers the opportunity to return the products they have ordered from our online store within 30 days of purchase. After returning the product, you will receive a refund. Return and shipping costs (if the delivery was free) are the responsibility of the customer.
Article 11 – Liability
Article 12 – Intellectual Property
Article 13 – Applicable law – Disputes – Handling complaints – Mediation
Mediation of consumer disputes:
Article 14 – Personal data
Appendix 2 – Withdrawal form