General Conditions of Sale
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded solely by the consumer on the websites of Fontviva SLU, having its registered office at
Xixerella, Carrer Ramon Armengol, 4, AD400 La Massana, Andorra, registered under the NRT number : L-714507-K, and with the VAT intracommunautary number : FR 509 184 908 14.
They can be printed and kept by the customer.
Consequently, the fact that the customer orders a product offered for sale on the Fontviva sites implies full and complete acceptance of these general conditions of sale, which the
customer acknowledges having read prior to placing their order.
In accordance with european Consumer Codes, Fontviva provides the customer with the following information :
Fontviva joins the Direct Selling Federation (FVD)
Fontviva is a member of the Fédération de Vente Directe (FVD), founded in 1966. As such, the company is committed to applying the Code of Ethics and the Code of Conduct for Direct
Selling, developed by the FVD. Customers can view these Codes on the FVD website (www.fvd.fr).
Customer
Fontviva offers the sale of its products on its websites to consumers with the legal capacity necessary to place an order (hereinafter "the Customer"). Fontviva cannot be required to
verify the legal capacity of each customer .
Products
The Customer becomes aware of the essential characteristics of the products he wishes to order.
The products offered for sale on the Fontviva websites constitute the offer of Wake Up France, which reserves the right to modify this offer at any time and to change the list and
ranges of its products.
The product photos presented on the Fontviva website are not contractually binding. However, Fontviva ensures that the photos and drawings faithfully reproduce the product and do
not contain any ambiguities regarding concepts such as size, weight, and quality.
The ingredient lists used in Fontviva brand products are regularly updated. Before using a Fontviva brand product, the Customer is encouraged to read the ingredient list on the
packaging to ensure that the ingredients are suitable for their personal use.
The products are intended for people in good health. It is the customer's sole responsibility to seek advice if they do not feel sufficiently informed.
Seller
The company Fontviva, owner of Wake Up and S&You brands, hereinafter the “Seller”.
Rates
The selling price of the products indicated in euros is the one in effect at the time the order is placed. These prices do not include preparation and delivery costs, invoiced in addition to
the price of the products purchased, according to the terms defined below and as indicated to the Customer at the time of validation of the order. Prices include the value added tax
applicable on the day of the order.
In particular, country-specific shipping costs will be applied according to the shipping costs by geographic area.
For deliveries in countries outside the EEC, the prices indicated do not include local taxes and customs duties which may be requested from the customer at the time of delivery of the
order.
The offers presented by Fontviva are valid as long as they are advertised on the website and while stocks last. Information on product availability is provided at the time of ordering,
where applicable.
The Seller reserves the right to modify its prices at any time, but the products ordered are invoiced at the price in effect at the time of the order.
Payment
The Customer has the possibility to check the details of his draft order and to correct any errors before confirming his order.
From the moment the Customer confirms his order by clicking on the payment icon, he is considered to have knowingly accepted the content and conditions of the order and in
particular these general conditions of sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the customer.
The sale will be final upon confirmation of the order by the Customer, without prejudice to the Customer's exercise of his right of withdrawal (the terms of which are described below).
This order will be confirmed by Fontviva by sending an email to the Customer containing all the information previously provided. Fontviva recommends that the Customer retain this
email.
To make purchases on the Site, the Customer must first create a customer account. To create their account, the Customer must provide their title, surname, first name, telephone
number, email address, and exact delivery address (floor, city, postal code, and relay point). These details are confidential. They agree to provide true and honest information.
Furthermore, they agree to inform the seller of any changes to this information.
This information is necessary for order management as well as the commercial relationship between the Seller and the Customer.
The Seller is not responsible for data entry errors and the resulting consequences (delay and/or delivery error). In this context, the costs incurred for reshipping the order are the
responsibility of the Customer.
Payments are made exclusively by credit cards .
The Customer guarantees to the Seller that the credit card used is valid and is not the result of a fraudulent transaction.
Payment security
Upon payment, the Customer is automatically redirected to the secure online payment system chosen by the Seller. The Seller does not have any confidential information about the
payment method used by the Customer. If the Customer wishes to retain the banking details relating to their transaction, it is their responsibility to save and print the payment
certificate.
All banking transactions are carried out on Wake Up France websites in a manner that complies with international standards for securing online payments through information
encryption in order to protect all data relating to personal information and payment methods.
The Seller reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the customer, payment incident and/or fraud in the use of the site or the
payment method chosen by the customer.
Transaction control
For the purpose of order control , the Seller may contact the Customer by any means, with a view to validating a transaction and may, where appropriate, request any supporting
document deemed useful (relating to identity, and/or address and/or the means of payment used), it being the Customer's responsibility to provide the required supporting documents
as soon as possible.
The Customer is informed that any delay, failure, or refusal to provide the requested supporting documents will result in the cancellation of the order. Upon receipt of the supporting
documents and in the event of confirmation of the order by the Seller, the delivery time for the documents requested by the Customer will delay the delivery of the order accordingly.
Bill
An invoice is issued for each order. It is available in digital format on the Site for downloading or printing.
Delivery
Delivery of the order is carried out by third-party transport providers appointed by the Seller.
Products are sent to the delivery address provided by the Customer during the ordering process. Any order returned to the Seller due to an incorrect or incomplete delivery address will
be reshipped at the Customer's expense.
The order is delivered in one shipment. However, the Seller reserves the right to split the Customer's order into several shipments, at no additional cost to the Customer.
The recipient can track their package using the package number they receive by email.
The Customer can choose home delivery or a Relay Point.
The package is delivered directly to the delivery address, either to the recipient of the order, or, failing that and at the customer's request, to any other person present at the address
who agrees to take delivery (a neighbor, a caretaker or concierge).
When the package cannot be delivered in accordance with the terms set out above, a notice of pending delivery is left by the carrier in the recipient's mailbox, indicating the carrier's
contact details to arrange a delivery appointment.
In the case of delivery by Relay Point, the packages are available to the recipient for a period of 10 to 14 days depending on the relay point. Packages that are not collected at the end of
this period are returned to the Seller.
Any order validated and transmitted to the carrier cannot be cancelled, except in the case where the Customer decides to exercise his right of withdrawal, according to the terms
specified below .
When collecting their order, the Customer is invited to check the general condition of their package and, in the event of damage, to refuse it. The fact that the customer does not
express any reservations at the time of delivery does not prevent them from benefiting from the legal guarantee of conformity.
The Customer has the option to choose their delivery method:
For Andorra
For Germany
For Austria
For Belgium
For Denmark
For Spain
For Italy
For Luxembourg
For Monaco
For the Netherlands
For Poland
For Portugal
For Switzerland
Delivery time
In the event of late delivery, the Customer may formally notify the Seller to perform within a reasonable additional period. In the event of failure to perform, the Customer may terminate
the contract in accordance with Article L.216-6 of the Consumer Code.
Upon delivery of the order to the Customer at the address indicated and after the Customer has signed the delivery slip, the Seller has fulfilled its delivery obligation. The Seller
therefore declines all liability in the event of subsequent loss or theft.
Dispute management and product returns
In the event of an incident during delivery or a dispute, the Seller advises the Customer to inform its Logistics Department within a maximum of 24 hours from delivery, at the address
indicated on its website. The Seller undertakes to respond to any request or complaint within a maximum of ten (10) days from the date of receipt thereof.
The Seller reserves ownership of the products delivered until full payment of the price.
The Seller undertakes to properly perform the obligations arising from the contract. However, the Seller may be exempted from all or part of its liability by providing proof that the
non-performance or poor performance of the contract is attributable either to the Customer, or to the actions of a third party to the contract, or to a case of force majeure (e.g. strikes,
accidents, riots, fires, etc. constituting unforeseeable and irresistible external events).
The Seller shall not be liable for any inconvenience or damage resulting from the use of the Internet. The Seller reserves the right, without notice or compensation, to temporarily or
permanently discontinue any service or all of the services offered through the Site and online stores, and to make any changes and improvements it deems necessary or useful.
It is the Customer's responsibility to protect their technical equipment, particularly against any form of virus contamination and/or attempted intrusion, and to back up their data. The
Seller cannot be held liable for this.
For any questions or complaints relating to the execution of the contract, the customer can contact the Seller's Customer Service by email at support@wakeup-time.com , by
telephone at + 33617662888, or by post to the following address : Fontviva, Xixerella, Carrer Ramon Armengol, 4, AD400 La Massana, Andorra
Product availability
The Seller makes every effort to ensure product availability. Product offers are valid as long as they are advertised on the website and while stocks last. Information on product
availability is provided to the customer at the time of ordering. If a product in the order is not available at the time of preparation, the Seller will automatically send an email to the
customer.
The Client may so :
- replace the out-of-stock product with a product of the same amount (except in the case of a free product)
- receive the remainder of their order without the out-of-stock product, the amount will then be deducted from the order total and will not be charged to the customer (except in the
case of a free product)
- cancel the entire order.
The Customer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of
conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major
inconvenience to them.
If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of
replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the
non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate
reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average
annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the
defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.
Return under the right of withdrawal
The customer has the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of
the products.
If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To exercise the right of withdrawal, the Customer must notify their decision to withdraw from this contract by means of a declaration to the Seller's Customer Service by email at
support@wakeup-time.com , by telephone at +33617662888, or by post to the following address: Fontviva, Xixerella, Carrer Ramon Armengol, 4, AD400 La Massana, Andorra
He may, without obligation, use the following withdrawal form
To the attention of Fontviva,
I hereby notify you of my withdrawal from the contract for the sale of the following property :… …………………………………………………………………………………………………………………………..
Ordered on ………… ……. /received on………………..
Name : ……………………………….
Address :… ………………………………
Date :… ………………………………..
To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right of withdrawal before the expiry of this period. In all
cases, the burden of proof of this exercise rests with the customer. In the event of withdrawal from the contract, the Seller will reimburse all payments received from the Customer,
including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a delivery method other than the least
expensive standard delivery method offered by the Seller) without undue delay, and in any event, no later than fourteen days from the day on which the seller is informed of their
decision to withdraw from the contract. The Seller may defer reimbursement until the products have been recovered or until the Customer has provided proof of shipment of these
products, whichever is the earliest. The Seller will make the reimbursement using the same means of payment as that used for the initial transaction. With the express consent of the
Seller, another means may be used. In any event, this reimbursement will not incur any costs for the Customer.
As an exception to the conditions listed above, the right of withdrawal cannot be exercised for products unsealed by the consumer after delivery and which cannot be returned for
reasons of hygiene or health protection. This exception applies to food supplements marketed by the Seller.
Any product damaged by the customer as a result of handling other than that necessary to establish its nature, characteristics and good condition, will not be fully refunded. The
Seller recommends that the Customer indicate the invoice number to which the products relate and the return number on the package.
The Seller collects and processes personal data concerning the customer in electronic form, as part of order management and for the other purposes detailed below. The Customer
has the right to access, rectify, delete, limit and transfer their information, as well as the right to object and withdraw their consent, at any time, particularly regarding the receipt of our
personalized offers.
The Customer may exercise this right by contacting Wake Up France directly at support@wakeup-time.com , by telephone at +33617662888, or by post to the following address :
Fontviva, Xixerella, Carrer Ramon Armengol, 4, AD400 La Massana, Andorra
He can subsequently file a complaint with a supervisory authority of his country
The Customer's data are collected and processed by the Seller for the purposes detailed below:
This data will not be accessible to the public.
The data processed by the Seller comes from:
- the Client's account
- the Customer's activity with the Seller, in connection with its suppliers and partners - social networks linked to the Seller.
The data collected concerning the Client will be kept for the period necessary to fulfill the above purposes, plus the legal limitation period.
Some may be retained for longer periods due to specific legal obligations or in light of applicable legal limitation periods.
Finally, if the persons concerned exercise their rights, data relating to identity documents may be kept for the applicable legal limitation periods, i.e. for a maximum period of 3 years.
When consulting the Seller’s sites, information relating to the navigation of the Client's terminal (computer, tablet, smartphone, etc.) may be recorded in text files called "Cookies",
installed
on their browser.
Unless the Customer decides to disable cookies, they agree that the Site may use them. They may disable these cookies at any time, free of charge, using the deactivation options
offered on the Site.
Cookies allow the Seller, in particular to measure and analyze the traffic and use of the Site, its sections and Services offered
- to memorize the display preferences of the Client's browser and to adapt the presentation of the Site during his visits, according to the viewing or reading hardware and software
that his terminal contains and which are used for browsing the Site.
- to memorize information relating, for example, to a form that the Customer has completed or to a service (registration, access to your account) or information that he has chosen
(services subscribed to, contents of his basket).
- to allow the Customer to access reserved areas of the Site or the Seller's Services, such as his personal account, using identifiers or personal data concerning the Customer and
previously communicated by him, allowing him, where applicable, to access personalized content,
- to implement security measures
- to send the Client personalized messages specifically intended for them
The social network may identify the Customer through this button, even if the Customer did not use it when visiting the Site. This type of application button may allow the social
network concerned to track navigation on the Site, simply because the social network account is activated on the Customer's browser (open session) during their navigation on the
Site.
The Seller has no control over the process used by social networks to collect information relating to the Customer's browsing on the Site and associated with the personal data they
hold. The Seller recommends that the Customer consult the conditions of use of their data on these social networks.
Intellectual property
The Seller owns all intellectual and industrial property rights relating to the websites and the Wake Up brand or holds the usage rights relating thereto.
Access to this website does not confer on the Customer any rights to the intellectual property rights relating to the site which remains the exclusive property of the Seller.
The general structure of the site, but also the elements accessible on the site, notably in the form of texts, photographs, animated or still images, icons, maps, sounds, videos, software,
database, data and all other elements making up the site are the exclusive property of the Seller.
The Customer may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way
whatsoever, all or part of the site without the prior written authorization of the Seller.
Disputes
In the event of a dispute, the Customer must first contact the Seller's Customer Service by email at support@wakeup-time.com , by telephone at + 33617662888, or by post to the
following address: Fontviva, Xixerella, Carrer Ramon Armengol, 4, AD400 La Massana, Andorra
In the event of an unsatisfactory response or in the absence of a response within thirty days following this written complaint, the Customer may contact the Joint Commission for
Mediation of Direct Selling Federation, either by using the online form on its website (http://mediation-vente-directe.fr/ , or by post to CPMVD 1, rue Emmanuel Chauvière 75015 Paris,
or by email ( info@cpmvd.fr ), or by telephone: 01 42 15 30 00. The CPMVD will seek an amicable settlement of its dispute free of charge and confidentially.
In the event of proceedings, the competent court will be designated according to the rules of the civil code.
The Seller reserves the right to modify the content or characteristics of these general terms and conditions of sale at any time. Each order constitutes acceptance of the general terms
and conditions of sale in their current version. If the general terms and conditions of sale are modified, they will only apply to orders placed after the said modifications.