General Terms and Conditions of Sale

Applicable to distance selling

of Taranis products to consumers

www.taranis-nutrition.com

 

Preamble

The website www.taranis-nutrition.com is an e-commerce site published by Lactalis Nutrition Santé (LNS), an SAS (simplified joint-stock company) with a sole partner and capital of €1,925,410.00, listed on the Rennes Trade and Companies Register under SIREN number 451 194 963 whose head office is located at the Parc d’Activités de Torcé – Secteur EST 35370 TORCE France, VAT number FR50451194963.

The website www.taranis-nutrition.com allows the Lactalis Nutrition Santé company to offer low-protein products for sale to potential Customers (hereinafter defined).

Any order of a product featuring on the Site implies the consultation and express acceptance by the Customer of these General Terms & Conditions of Sale, which are applicable as of 1 September 2017 and until otherwise stated.

  1. Contact details for Lactalis Nutrition Santé and its customer service
  2. Definitions
  3. Purpose
  4. General information
  5. Product characteristics and Prices
  6. Ordering products
  7. Payment
  8. Delivery
  9. Right to cancel
  10. Warranty – Non-compliance – Hidden defects
  11. Protection of personal data
  12. Liability
  13. Intellectual property
  14. Miscellaneous
  15. Force Majeure
  16. Applicable Law / Claims and disputes

Appendix 1 – Cancellation form


1.     Contact details for Lactalis Nutrition Santé and its Customer Service

For any questions, information or complaints, the LNS Customer Service remains at the Customer’s disposal:

  • By telephone on +33 (0) 2.99.49.20.89 – Cost of a local call from a landline in mainland France / Cost varies depending on the operator in the event of a call originating from a cellphone and/or outside Metropolitan France. Open Monday to Friday from 8:30 am to 12:30 pm and from 1:30 pm to 4:00 pm (excluding public holidays in Metropolitan France).
  • By e-mail to commande@taranis-nutrition.com
  • By mail sent in an envelope with sufficiently prepaid postage to:

Lactalis Nutrition Santé
Services Clients
Parc d’Activités de Torcé – Secteur EST
35370 Torcé – France


2.       Definitions

In addition to the terms defined in these Conditions, the following terms used herein with the first letter in uppercase, the whole word in uppercase or lowercase, in the singular or plural, have the following meanings:

“Customer”: means any consumer of adult age domiciled in a Member State of the European Union and disposing of the full legal capacity to place an Order on the Site and who purchases one or more Product(s) for their personal needs (i.e. for purposes that are not within the scope of their trade, business, craft or profession in accordance with the terms of the preliminary article of the French Consumer Code) in compliance with the procedures for placing an order defined by LNS in these Conditions.

“Order”: means any order for one or more retail Products placed by the Customer with LNS by the Site.

“Conditions”: means these LNS General Terms & Conditions of Sale for the distance selling of Products to Customers by LNS via the Site.

“Member State”: means any Member State of the European Union existing on or after the date of entry into force of these Conditions.

LNS“: means Lactalis Nutrition Santé (LNS), an SAS (simplified joint stock company) with capital of 1,925,410.00 euros, listed on the Rennes Trade and Companies Register under number SIREN 451 194 963, whose head office is located at the Parc d’Activités de Torcé – secteur EST 35370 Torcé France

“Product”: means any product offered for sale by LNS on the Site.

“Site”: means the LNS website for sale of Products online, accessible at www.taranis-nutrition.com.


3.   Purpose

The Conditions define the procedures for distance selling of the Products between LNS and its Customers via the Site.

When the Customer consults the Conditions on the Site, they can save them by downloading them (PDF format) and/or printing them.

The Conditions are accessible exclusively on the Site under the section “Terms & Conditions”.

The Conditions and all the information mentioned on the Site are written in French.


4.   General information

4.1 Scope / Duration / Enforceability

The sale of the Products via the Site is limited to the Customers for a delivery in the Member States.

The Conditions govern the entire relationship between LNS and its Customers regarding sale of the Products via the Site. The Conditions and the confirmation of the Order transmitted by LNS to the Customer constitute a contractual whole which can be enforced against the parties to the exclusion of any other document.

The Conditions are valid for the period of time required to supply the Product(s) to the Customer and until the expiry of the warranties applicable to the Product(s).

The fact that LNS or the Customer fail to avail themselves at any time of any of the clauses of the Conditions shall not be construed as a waiver of the right to avail themselves of any of the said clauses at a later date.

4.2 Acceptance of Conditions by the Customer

The Customer certifies that they have read the Conditions prior to any Order and expressly agrees to accept them in their entirety, without restriction or reservation.

This acceptance will be evidenced by the fact that the Customer confirms their Order by clicking on “By ticking this box, I declare that I have read and agree to general terms & conditions” before proceeding to payment of their order.

4.3 Modification of Conditions

LNS reserves the right to modify the Conditions at any time, it being specified that the modifications made will not apply to Orders in progress.

The Conditions applied to each Order correspond to the Conditions in force on the date the Order is placed, as defined in 4.4 below.

Any modification of the Conditions will be expressly announced on the Site. The Customer is therefore invited to regularly consult the Site in order to be kept informed of the latest Conditions.

4.4 Order date / Order validation date

The date on which the Order is placed is deemed to be the date of confirmation of the Order on the Site by the Customer.

The date on which the Order is validated (and hence the date on which the contract is concluded) is deemed to be that of the actual collection by LNS of the full price of the Product(s) ordered by the Customer.


5. Product characteristics and Prices

5.1 Consultation of Product characteristics

LNS presents on its Site the Products as well as their detailed descriptions allowing the Customer to become familiar with the essential characteristics of the Products before placing the Order.

The Customer acknowledges that, at the time of placing the Order, they have taken note of the special sales conditions stipulated on the Site (name, price, ingredients, weight, quantity, etc.) and expressly declares their acceptance without reservation.

The photographs of the Products on the Site are not contractual.

5.2 Availability

The offers of Products shown on the Site are only valid (i) as long as they are displayed on the Site and (ii) within the limit of available stocks.

In the event of the unavailability of the Product ordered after placing or validation of the corresponding Order, LNS will inform the Customer by e-mail. LNS will then proceed with the refund of the price of the unavailable Product and may contribute to the related shipping costs (if the Customer has only ordered this Product) paid by the Customer:

  • In the event of payment by credit card: by credit to the Customer’s personal account, within a maximum period of thirty (30) days.
  • In the event of payment by check (only checks issued by a bank domiciled in France can be accepted by LNS): (I) by default, a credit corresponding to the price of the unavailable Product to be used for a future order of the Product(s) or (ii) upon the Customer’s request, the refund by check of the price of the unavailable Product.

No additional delivery will be covered by LNS.

5.3 Prices / Shipping costs

The prices of the Products shown on the Site are indicated in euros including all taxes and excluding shipping costs.

Shipping costs will be charged in addition under the following conditions:

  • For delivery in Metropolitan France (including Corsica): The amount of the contribution to shipping costs depends on the amount including VAT of Product(s) ordered. Shipping is free of charge for Product(s) ordered in the sum of 65 euros or more. For orders of Product(s) of less than 65 euros (incl. VAT), the contribution to shipping costs is 7 euros (incl. VAT).
  • In the event of delivery outside Metropolitan France, in one of the Member States: The amount of the contribution to the shipping costs depends on the place of delivery and the net weight of the package and the price zones and scales available in the appendix

The Products ordered are invoiced at the prices in force at the time of placing the Order, as defined in article 4.4 of the Conditions.

LNS reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day the Order is placed.

Any change in the applicable VAT rate may be passed on to the prices of the Products. Similarly, if one or more taxes or contributions were to be created or changed, either upwards or downwards, this change may be passed on to the selling price of the Products.

The total amount due by the Customer is indicated on the Order summary page before they confirm their Order.

Special offers are only valid within the limit of the validity of the offer concerned and the stocks of available Products.

The costs of connection and communication (Internet and mobile Internet) related to the use of the Site by the Customer are not borne by LNS and remain at the exclusive charge of the Customer.


6. Ordering products

6.1 Order means and conditions

To enter an Order, the Customer must log on to the Site and click on the “Our products” tab.

The Customer may then view the Products offered for sale on the day of their logging on to the Site and select the Product(s) they wish to order by browsing the different categories of Products.

To order a Product, the Customer must click on “Add to Cart” to add the said Product to their shopping cart.

As soon as they have carried out this operation, the Customer may click on their cart at the top right of their screen to display a box containing the name and quantity of the Product thus added to the cart as well as the total amount of the cart (excluding shipping costs).

The Customer may then,

  • either continue with their Order by following the procedure indicated above,
  • or click on “My cart” to place their Order.

If they click on “My cart”, they will then see on their screen the contents of their cart containing all the elements of the Order including the commercial name of the Product(s), the quantity, the price, the shipping costs (once the delivery address is indicated).

The Customer may complete, modify or cancel their Order as long as they have not validated it definitively.

If the Customer wishes to delete one or more Product(s) from their cart, they simply have to click on the “Delete” tab marked by the icon representing a cross or to indicate “0” in the requested quantity.

Note that the amount of an Order may not exceed 1,000 (one thousand) euros.

The customer then validates their cart by clicking on “Checkout”.

  • In the case of a first Order, the customer must create their personal customer account by filling out all the mandatory fields on the registration form (indicating their status, titles, surname, first name, delivery address, billing address, zip code, city, date of birth, telephone number, e-mail address and strictly personal password). The Customer must be sure to verify the correctness of the information entered, in particular in the wording and to click on “Create an account”.
  • If the Customer already has a personal customer account, they are asked to enter their e-mail address (“Email”) and their password and click on “Sign in”.

The Customer’s identifiers and password are strictly personal. In the event that the password is lost or forgotten, the Customer will have to create a new password in their customer space.

The Customer’s data for logging on to the Site are confidential. It is up to them to keep these data secret as well as the e-mail address. Except in cases of fraud, the Customer is solely liable for the use of their identification data by a third party. Once properly registered or logged in, the Customer can access payment of their Order.

The Customer will see on their screen the summary of their Order at the bottom of this page, including the essential characteristics of the ordered Product(s), the price(s), the procedures for payment and delivery, how to exercise the right to cancel and the legal guarantees available to the Customer (hereinafter the “General Terms & Conditions”)

If they are satisfied with the content of their Order, they must choose the method to pay for it. The Customer must pay for their Order in accordance with these Conditions. The Customer is then automatically switched over to the Crédit Agricole bank’s payment server via the PAYBOX secure payment module, if they choose the method of payment by credit card, at which point they tick the box explained below and click on “Next”.

If the Customer chooses the method of payment by check, the address to which this check should be sent is indicated. When the Customer has ticked the box explained below and clicked on “Order”, a new page is displayed confirming the order and specifying the procedure for sending the check. The Customer must make the check payable to LNS Taranis and write the order number on the back of the check. This number is specified on the order confirmation on the site and the confirmation sent by e-mail.

Regardless of the payment method selected, the Customer must read and accept the Conditions by ticking the box “By ticking this box, I declare that I have read and agree to general terms & conditions” meant for that purpose. The Customer can consult the General Terms & Conditions of Sale by clicking on this hypertext link. The Customer must then expressly acknowledge their obligation to pay and validate their Order by clicking on “Checkout”.

At any time during the Order, the Customer can consult the details of their order and verify it. The contents of the shopping cart containing all the items of the Order in progress, including the essential characteristics of the Products selected in the cart, the quantity and their price, the total amount of the Order in progress, the delivery and billing addresses as well as the legal guarantees and rights available to the Customer. They can then modify the quantity of Product(s) chosen and/or their contact details, supplement their Order or cancel it.

The Customer may also, at any time, access the various services offered by LNS allowing them to access and correct their personal information, and to consult their Order history.

After final validation of the Order by the Customer, a summary appears on the Customer’s screen containing the Information and the references for the Order (details of the order, quantity, price excl. VAT, VAT, price incl. VAT, shipping costs).

The Customer will also receive a confirmation e-mail from LNS sent to the e-mail address indicated by the Customer as soon as possible. It will recap the Information and confirm payment. The Customer will be able to access the Conditions by clicking on a hypertext link as well as the standard cancellation form.

6.2 Registration of the Order by LNS

The Order may only be registered if the Customer (i) creates an account in accordance with the provisions of Article 6.1 of the Conditions or (ii) once their account is created, identifies themselves by entering their identifier and their password that are strictly personal to them. The Order will only be shipped subject to confirmation of payment by PAYBOX.

6.3 Information required to process the Order

The provision of personal information necessary for the processing of the Order is mandatory. Failure to provide information results in non-validation of the Order. This information must be true and complete.

6.4 Shipping conditions for the Order

The Order will only be shipped after LNS has effectively collected the full price of the Product(s) ordered by the Customer and any contribution to the shipping costs.

6.5 Undertakings from LNS

LNS undertakes to honor all Orders placed in compliance with the Conditions, within the limits of available stocks. Should the Product be unavailable, LNS undertakes to inform the Customer by any means (see article 5.2 above).

In certain cases (failure to pay a previous order, erroneous address, abnormal nature of the Order, in particular concerning quantities of Products exceeding the normal needs of a consumer or abnormal order flows to the same billing and/or delivery address, etc.), LNS reserves the right to block the Customer’s Order until the problem is resolved. In such cases, LNS shall promptly inform the Customer of the situation.

A receipted printed invoice is sent to the Customer upon receipt of the Order and the corresponding payment. The Customer may at any time consult the history of their Orders and invoices in their personal customer space by clicking on the “My account” tab.

6.6 Archiving and proof of Order

The archiving of communications, purchase orders and invoices is carried out on a reliable and long-term medium so as to constitute a faithful and lasting copy. They can be produced as proof of contract.


7. Payment

7.1 Conditions and means of payment for Orders

This concerns an Order with obligation to pay, which means that ordering by the Customer implies payment of the amount of this Order (including the price of the Product(s) ordered and any shipping costs by the Customer).

The price of the Order is payable in cash in euros by one of the means of payment offered by LNS, namely:

  • Credit Card (Carte Bleue, Visa, Mastercard)
  • Check issued by a bank domiciled in France: the check must be made payable to LNS and sent in a sufficiently postage-paid envelope by the Customer to LNS – Parc d’activité de Torcé – Secteur Est – 35370 TORCE (France), while being sure to specify the references for the Order placed on the Site. The check is cashed upon receipt.

For payments by credit card made on the Site, LNS uses the PAYBOX secure payment service, a system developed by the PAYBOX company. This service incorporates the Secure Socket Layer (SSL) security standard in such a way that the information transmitted by the Customer is encrypted by software and that no third party can become aware of it during transport on the network. In the event of payment by credit card on the Site, at the moment of paying their Order, the Customer is automatically directed to the PAYBOX secure platform. The Customer must enter the number of their card at this point along with its expiry date and visual cryptogram. A request for authorization is then triggered at the payment center concerned in order to verify the validity of the credit card. Any Order with a credit card can only be taken into account when the payment center concerned has given its approval. In the event of refusal by this center, the Order is not accepted and the Customer is informed by PAYBOX. Once the payment is accepted and made, the Customer is redirected to the Site where they can continue their visit. Financial information relating to the Customer is not transmitted to LNS under any circumstances. The Customer will have to communicate their bank details with each new Order

At no time may the sums received be considered as deposits or down payments.

The Customer warrants to LNS that they have the necessary authorizations to use the method of payment chosen during their Order. LNS reserves the right to suspend any Order management and any delivery in the event of refusal of authorization of payment by credit card from the officially accredited bodies or in the event of non-payment.

7.2 Transfer of ownership / Transfer of risks

LNS RETAINS THE FULL AND COMPREHENSIVE OWNERSHIP OF THE PRODUCTS DELIVERED UNTIL THE EFFECTIVE RECEIPT BY LNS OF THE PRINCIPAL PRICE AND INCIDENTALS IN THEIR ENTIRETY.

The above provisions shall not preclude, from the time of delivery to the Customer, the transfer to the Customer of the risk of loss or deterioration of the Product(s) as well as any damage it or they may cause.


8. Delivery

8.1 The Customer can choose to be delivered either to their home address or to another address entered by the Customer in the Member State of domiciliation of the Customer. To this end, the Customer must indicate the delivery address of their choice during the Order process.

At any time, the Customer is responsible for the accuracy of the information provided. They are therefore responsible for the modification of their postal address and must, in the event of a change of their postal address, modify their postal address in their personal space on the Site, so that their Order can reach them.

In the event of the Customer’s absence on the day of delivery, a non-delivery notice will be left for the Customer so that they can collect the package at the place indicated within the time limit specified on the non-delivery notice. In no event shall LNS be held liable for any deterioration of any Product(s) as a result of late collection by the Customer. If the Customer does not collect the package within the time limit indicated on the non-delivery notice, it will be returned to LNS which will then reimburse the Customer.

8.2 The Customer must be able to prove their identity and undertake to sign the delivery note presented by the delivery person after having checked the apparent condition of the package and its content, in the presence of the delivery person. In the event of an anomaly (damaged packaging, missing or damaged products, etc.), the Customer must describe precisely on the delivery note the condition of the package justifying their refusal and will have a period of ten (10) days to report it to LNS by any means.

In the event of an anomaly not reported when the delivery note is signed, the Customer will have a period of ten (10) days from the date of delivery to send LNS reservations concerning the Product(s) delivered.

After LNS acknowledges the anomaly reported by the Customer under the conditions set out above, LNS will then proceed either with the refund or the replacement of the Product(s) concerned.

8.3 Delivery time

The delivery periods are as follows (period starting from the date of validation of the Order as defined in article 4.4 of the Conditions):

  • For delivery in Metropolitan France (including Corsica): 2 working days
  • For delivery outside Metropolitan France, in one of the Member States: 2 to 6 working days

Deliveries are made on working days, except public holidays in the country of destination.

In the event of late delivery, the Customer is invited to contact the LNS Customer Service.

8.4 In accordance with applicable regulations, in the event of delayed delivery, the Customer may terminate their Order (i) by registered letter with acknowledgment of receipt or (ii) by e-mail to the following e-mail address: commande@taranis-nutrition.com, if, after having enjoined, in the same manner, LNS to make the delivery within a reasonable period of time, the said delivery has not been made within this period, provided that delivery of the Product(s) does not occur between the sending and receiving of the aforesaid missive or letter.

In the event of termination of the Order under the aforementioned conditions, LNS will reimburse the Customer for all sums paid within a maximum period of fourteen (14) days following the date of receipt by the latter of the letter or missive informing them of this termination.

The Customer is requested to report any delay in delivery to LNS as soon as possible so that it can, if necessary, look into the matter with the delivery firm.


9. Right to cancel

In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise their right to cancel, without having to justify their decision or bear any costs other than those related to the direct cost of returning the Products concerned by the cancellation. This period runs from the day of receipt by the Customer of the ordered Product(s). In accordance with current regulations, this right to cancel does not apply to perishable products.

In accordance with the regulations in force, the Customer may also exercise their right to cancel as of conclusion of the contract, that is to say from the date of validation of their Order.

In the event of an Order for several Products delivered separately, the aforementioned period runs from the receipt of the last Product.

A Customer who wishes to exercise their right to cancel must inform LNS of their decision to cancel by sending it, before the expiry of the aforementioned period, the standard cancellation form appearing on the Site and appended to the Conditions, having duly filled it in and downloaded it or any other clearly worded declaration expressing their decision to cancel to the following email address:  commande@taranis-nutrition.com

LNS will acknowledge receipt of the cancellation within 7 (seven) working days.

The Customer must then, within fourteen (14) days of notification to LNS of its decision to cancel, return the Product(s) concerned to LNS. This period shall be deemed to have been complied with if the Customer returns the Product before the end of the fourteen (14) day period. The Customer is hereby reminded that this right to cancel does not apply to perishable products.

The costs of return are covered by the Customer.

Any Product returned to LNS must therefore not have been opened (for reasons of hygiene and health protection) and still be in its original packaging, intact and in perfect condition, accompanied if necessary by any accessories, instructions for use and documentation, and the duly completed return form sent to the following address:

Lactalis Nutrition Santé
Services Clients
Parc d’Activités de Torcé – Secteur EST
35370 Torcé – France

The returned Product(s) travel(s) at the Customer’s risk. Any Product which is damaged, incomplete or absent will not be refunded nor exchanged and will be shipped back to the Customer. Similarly, any open Product will not be refunded or exchanged and will be destroyed by LNS.

In the event of exercise of the right to cancel, LNS will refund the Customer solely for the price of the Product(s) and the Customer’s contribution to the shipping costs for delivery to the Customer of their initial order where the Customer’s decision to cancel relates to the entirety of the said order), without penalty, except for the additional costs arising from the Customer’s choice of a mode of delivery other than the less expensive standard delivery mode proposed by LNS. The refund will be made by LNS on the first of the following dates: receipt by LNS of the Product(s) concerned by the Customer’s cancellation or receipt by LNS of proof of shipment by the Customer to LNS of the Product(s) which is/are the subject of the cancellation by the Customer. LNS will proceed with the refund using the same means of payment as used for the initial transaction, unless LNS and the Customer expressly agree to a different means.

The right to cancel is to be distinguished from the right to reimbursement enjoyed by the Customer in the event of non-conformity, a hidden defect in the Product(s) delivered referred to in Article 10 herein.


10. WARRANTY – NON-COMPLIANCE – HIDDEN DEFECTS

In accordance with the provisions of articles L217-4 et seq. of the French Consumer Code, LNS is obliged to deliver a Product conforming to the order placed by the Customer and is responsible for defects in conformity existing at the time of delivery of the said Product.

In order to comply, the Product must therefore be suitable for the customary use of a similar item and, where applicable:

– match the description given by LNS;

– present the qualities that a buyer can legitimately expect in view of public declarations made by LNS, in particular in advertising or labelling.

Furthermore, in accordance with the provisions of article 1641 et seq. of the French Civil Code hereinafter retranscribed, LNS shall be liable for the hidden defects of the Product sold which render it unfit for the usage for which it is intended or which so diminish such usage that the Customer would not have acquired it, or would have done so at a lower price, if they had been aware of them.

In accordance with the applicable legal provisions, when the Customer invokes a legal guarantee of compliance vis-à-vis LNS, they may choose between repair and replacement of the Product concerned, provided that this choice does not entail a disproportionately high cost to LNS with regard to the other method, taking into account the value of the Product or the extent of the defect.

The Customer is exempted from providing proof of the lack of conformity of the Product during the six months following its delivery.

It is hereby recalled that the Customer may also implement the guarantee against the hidden defects of the Product sold within the meaning of article 1641 of the French Civil Code and, in this case, may choose between terminating the sale of the Product concerned or reducing its selling price in accordance with article 1644 of the French Civil Code.

If a Product delivered to the Customer does not conform to the Product ordered by it or presents a hidden defect, the Customer must notify the said Product’s non-conformity or hidden defect, as soon as possible after it has been observed to LNS, by sending an email to its Customer Service Department at the following address: commande@taranis-nutrition.com or by telephone on the number +33 (0) 2.99.49.20.89.

In this case, the Customer must:

  • Return the Product concerned to the following postal address with sufficient pre-paid postage:

Lactalis Nutrition Santé
Services Clients
Parc d’Activités de Torcé – Secteur EST
35370 Torcé – France

The Product must be returned in its original packaging, in the condition in which the Customer received it, complete and unused, accompanied if necessary by any accessories, user manuals and documentation as well as the return slip;

  • Indicate by writing the defect, problem or non-conformity of the Product found.

If LNS finds the defect, problem or non-conformity notified by the Customer under the conditions set out above, LNS will then proceed either with the refund or replacement of the Product concerned, as the Customer prefers, as indicated above depending on the nature of the defect. LNS also undertakes to bear the shipping costs incurred by the Customer in returning the Product(s), upon presentation of the corresponding evidence and within the delivery coverage limit concerned.

  • Article L217-4 of the French Consumer Code:

The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It is also responsible for the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was placed under its responsibility by the contract or was carried out under its responsibility.

  • Article L217-5 of the French Consumer Code:

The item complies with the contract:

1) If it is suitable for the customary use of a similar item and, where applicable:

– if it corresponds to the description given by the seller and possesses the qualities which the latter presented to the purchaser in the form of a sample or a model;

– if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the manufacturer or its representative, in particular, in advertising or labelling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special usage sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

  • Article 1641 of the French Civil Code:

The seller shall be liable for the hidden defects in the goods sold which render them unsuitable for the purpose for which they are intended, or which so diminish the use that the buyer would not have acquired them, or would have done so at a lower price if they had been aware of them.

  • Article 1648 of the French Civil Code first line:

The action resulting from the latent defects must be brought by the purchaser within two years of discovery of the defect.


11. Protection of personal data

11.1 The term “personal data” refers to information identifying each Customer, such as their surname, first name, date of birth, postal address, telephone number, e-mail address, customer code and password.

11.2 LNS takes all necessary measures to ensure the confidentiality and security of the personal data transmitted by the Customer.

On the basis of the personal data collected in the context of the Orders, a file will be constituted and used by LNS for the management and processing of the said Orders, follow-up of Customer relations, statistics, satisfaction surveys, and for sending to the Customer, by e-mail or by postal mail, of information and special offers concerning the Products.

Such personal data shall be retained within a reasonable period of time necessary for processing of the data.

LNS may, in certain cases, be required to communicate the personal data of the Customers to third parties but only:

  • to its subcontractors acting on behalf of LNS (in the context of performance of the service(s) concerned by collection), and in strict compliance with the purposes for which the said personal data have been collected, or
  • in application of a law, a court ruling or at the request of the public authorities.

As an exception to the above provisions, no other communication of the personal data of the Customers to third parties will be carried out by LNS unless LNS informs each Customer and obtains their express prior authorization.

This personal data will be processed in accordance with the provisions of the French Data Protection Act of 6 January 1978.

Thus, each Customer has the right to access, rectify, oppose or even delete personal data concerning them. These rights can be exercised, at any time by each Customer, on simple written request sent to the LNS customer service

  • at the following postal address:

Lactalis Nutrition Santé
Services Clients
Parc d’Activités de Torcé – Secteur EST
35370 Torcé – France

  • or at the following e-mail address: contact@taranis-nutrition.com

Any request for access, rectification or cancellation of the personal data of a Customer must imperatively be accompanied by a photocopy of an identity document bearing the handwritten signature of the said Customer.

The Customer may also notify LNS that it no longer wishes to receive e-mails or postal mail, satisfaction surveys, information and special offers concerning the Products either by sending a letter by mail to the LNS customer service or by clicking on the link provided to this effect in LNS e-mails and following the instructions shown.

A Customer who exercises their right to object to the use of their data for prospecting purposes by sending a letter by mail can obtain the reimbursement of the stamp used for their letter by written request accompanied by a RIB (statement of bank details) or a RIP (statement of post office details) sent to the above address. This refund will be made at the priority letter or Eco letter rate in force for shipments under 20g (according to the stamp used by the Customer for the shipment).


12. Liability

12.1 LNS shall not be held liable for the breach or improper fulfilment of an Order if LNS is able to demonstrate that this improper fulfilment is attributable to (i) the Customer, (ii) an unpredictable and insurmountable event, (iii) a third party to the contract or (iv) force majeure as defined in Article 15 of the Conditions.

12.2 The Customer is solely liable for the choice of the Product(s), its (their) conservation from the delivery and its (their) use. In no event shall LNS be held liable for any damages arising from these incidents.

12.3 The Products offered comply with the applicable French legislation. LNS warrants that the Products are in perfect condition when delivered to the carrier.

12.4 LNS undertakes to make every effort to ensure that the Site is accessible at any time. Nevertheless, LNS declines all liability in the event of difficulty in accessing the Site or interruptions in the connection, whatever the causes. LNS reserves the right to make any modification to the Site which it deems useful without prior notice and even if access to the Site is interrupted as a consequence.

LNS shall not be held liable for (i) any direct or indirect damage, including inaccessibility to the Site, loss of data, deterioration, destruction or viruses that may affect the Customer’s computer equipment, and/or (ii) for the presence of viruses on the Site.


13. Intellectual property

The Site, as well as all the elements composing it (including texts, photographs, videos, brands, etc.) and all the documents transmitted to the Customer by LNS constitute a work within the meaning of the Code of Intellectual Property which, as such, come under the French and international legislation on Literary and Artistic Property.

Copying on any medium (including hard drive), of pages of the Site (or components thereof) or documents transmitted to the Customer by LNS is permitted for private purposes only. Consequently, any representation or reproduction, even partial, of these elements for commercial purposes without the prior written consent of LNS or any other company in its group that it intends to substitute in its place is unlawful and liable to constitute an act of infringement incurring the civil and criminal liability of the infringer.

The rights to the commercials and the musical works included in these commercials are reserved for the benefit of the owner of the recording of the work in question.

The photographs displayed on the Site are not contractual.

The trademarks mentioned on the pages of the Site and other documents transmitted to the Customer by LNS are trademarks registered by their respective owners. In accordance with French and international legislation on intellectual property, any reproduction and/or use without their agreement is strictly prohibited.

The Site and other documents transmitted to the Customer by LNS only contain part of the trademarks registered or exploited by LNS.


14. Miscellaneous

Should any of the provisions of the Conditions be declared null and void by a final court ruling, the invalidity of the clause in question shall not in any way entail the termination of the Conditions, all other provisions of which shall remain in full force and effect. As far as possible, the cancelled clause will be replaced by a valid clause whose economic and legal effects are as close as possible to the aim pursued with the clause which has been deemed null and void.


15. Force Majeure

The performance by either party of its obligations hereunder shall be suspended in the event of a case of force majeure which might impede or delay its performance.

The following are considered to be cases of force majeure: those usually deemed as such by the jurisprudence of the French courts and tribunals, which have an unpredictable and irresistible external character for either party, such as: war, act of war, flood, fire, civil commotion, blockade, interruption of transport or strikes affecting one or other of the parties.

The party affected by the force majeure shall notify the other of the occurrence of such an event within 48 hours. The parties will then consult as soon as possible in order to agree on the procedures for fulfilment of the Order.

If the case of force majeure continues for a period exceeding 48 hours, the Customer and LNS may terminate the Order in progress by e-mail notified to the other party and LNS will proceed, if necessary, with the refund of the Order.


16. Applicable law / Claims and disputes

16.1 The Conditions are subject to French law.

16.2 In the event of a dispute, the Customer may submit their complaints by mail to the LNS Customer Service in order to seek an amicable solution. In the absence of an amicable settlement between the parties, the dispute shall be submitted to the French courts.

In the absence of an amicable settlement between the parties within a period of 60 days, THE DISPUTE SHALL BE SUBMITTED EITHER TO THE COURT OF THE PLACE WHERE THE DEFENDANT IS RESIDENT OR THE COURT OF THE PLACE WHERE THE PRODUCT(S) WERE EFFECTIVELY DELIVERED.

The prior search for an amicable solution does not interrupt the period allowed to invoke the warranty.

Last update: 1  September 2017


Appendix 1 – Cancellation form

 

Please complete and return this form only if you wish to cancel your Order placed on the Site

 

 

For the attention of Service Client – Lactalis Nutrition Santé

Parc d’Activités de Torcé – Secteur EST

35370 Torcé – FRANCE

 

E-mail address of commande@taranis-nutrition.com

 

I hereby notify you of my cancellation of the contract for the sale of the Products shown below:

 

……………………………………………………………………………………………………………………………………………………………………………………………………..……………………………………………………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………………………………………………..

Date ordered:

 

Date received:

 

Order number:

Your name:

Your address:

Signature of the Consumer (only in the event of notification of this form on paper):

Date:

 

 

 

 

 

***************************

 

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT TO CANCEL BY THE CONSUMER

Right to cancel

You have the right to cancel your Order without giving reasons within fourteen days.
The cancellation period expires fourteen (14) days after the day on which you or a third party other than the carrier and designated by you, physically takes possession of the Product(s) (or in the case of separate delivery of the Product(s) of the same order, possession of the last Product).

To exercise the right to cancel, you must notify us of your decision to withdraw from your Order by means of a clearly worded declaration (e.g. letter sent by mail, fax or e-mail) sent either

  • by mail to the following address: Service Clients Lactalis Nutrition Santé – Parc d’Activités de Torcé – secteur EST 35370 Torcé FRANCE
  • or by Internet to the following e-mail address: commande@taranis-nutrition.com

 

You can use the template of the cancellation form but it is not obligatory. You can also fill out and send the template of the cancellation form or any other clearly worded declaration on our website www.taranis-nutrition.com.  If you use this option, we will send you an email acknowledging receipt of the cancellation immediately.

In order for the cancellation period to be respected, it is sufficient that you transmit your message relating to the exercise of the right to cancel before expiry of the cancellation period.


Effects of cancellation

In the event of your cancellation of the Order in progress, we will refund all payments received from you, including delivery charges (except for the additional costs arising from the fact that you have chosen, where applicable, a mode of delivery other than the less expensive standard delivery mode proposed by us) without undue delay and, in any event, no later than fourteen (14) days from the day we are informed of your decision to cancel the Order. We will proceed with the refund using the same means of payment that you used for the initial transaction, unless you specifically agree to a different means; in any case, this refund will not incur any costs for you. We may delay the refund until we receive the Product or until you have provided proof of shipping the Product, whichever is the earlier.

 

You must ship back or return the Product to us without undue delay and in any case no later than fourteen (14) days after you notify us of your decision to cancel your Order. This period shall be deemed to have been complied with if you return the Product(s) concerned before expiry of the fourteen (14) day period.
You will cover the costs of returning the Product(s) concerned.

Your liability is only incurred in respect of depreciation of the Product(s) concerned resulting from handling other than that necessary to establishing the nature and characteristics of this (these) Product(s).

 


Appendix 2 – Price zones and price scales for deliveries outside France

Country Price zone
Germany 1
Austria 1
Belgium 1
Bulgaria 2
Croatia 2
Denmark 1
Spain 1
Estonia 2
Finland 1
Greece 1
Hungary 2
Ireland 1
Italy 1
Latvia 2
Lithuania 2
Luxembourg 1
Netherlands 1
Poland 2
Portugal 1
Czech Republic 2
Romania 2
UK 1
Slovakia 2
Slovenia 2
Sweden 1

ZONE 1: cost amounting to 35% of the amount of the cart ordered

ZONE 2: cost amounting to 40% of the amount of the cart ordered

 


 

Applicable to distance selling of Taranis

products to patient associations

www.taranis-nutrition.com

 

Preamble

The website www.taranis-nutrition.com is an e-commerce site published by Lactalis Nutrition Santé (LNS), an SAS (simplified joint-stock company) with a sole partner and capital of €1,925,410.00, listed on the Rennes Trade and Companies Register under SIREN number 451 194 963 whose head office is located at the Parc d’Activités de Torcé – Secteur EST 35370 TORCE France, VAT number FR50451194963.

The website www.taranis-nutrition.com allows the Lactalis Nutrition Santé company to offer low-protein products for sale to potential Customers (hereinafter defined).

Any order of a product featuring on the Site implies the consultation and express acceptance by the Customer of these General Terms & Conditions of Sale, which are applicable as of 1 September 2017 and until otherwise stated.

  1. Contact details for Lactalis Nutrition Santé and its customer service
  2. Definitions
  3. Purpose
  4. General information
  5. Product characteristics and Prices
  6. Ordering products
  7. Payment
  8. Delivery
  9. Warranty – Non-compliance – Hidden defects
  10. Protection of personal data
  11. Liability
  12. Intellectual property
  13. Miscellaneous
  14. Force Majeure
  15. Applicable Law / Claims and disputes

 


1. Contact details for Lactalis Nutrition Santé and its Customer Service

For any questions, information or complaints, the LNS Customer Service remains at the Customer’s disposal:

  • By telephone on +33 (0) 2.99.49.20.89 – Cost of a local call from a landline in mainland France / Cost varies depending on the operator in the event of a call originating from a cellphone and/or outside Metropolitan France.  Open Monday to Friday from 8:30 am to 12:30 pm and from 1:30 pm to 4:00 pm (excluding public holidays in Metropolitan France).
  • By email to commande@taranis-nutrition.com
  • By mail sent in an envelope with sufficiently prepaid postage to:

Lactalis Nutrition Santé

Services Clients

Parc d’Activités de Torcé – Secteur EST

35370 Torcé – France


2. Definitions

In addition to the terms defined in these Conditions, the following terms used herein with the first letter in uppercase, the whole word in uppercase or lowercase, in the singular or plural, have the following meanings:

“Customer”: means any patient association located on the territory of a Member State of the European Union and with the full legal capacity to place an Order on the Site in compliance with the procedures for ordering defined by LNS in these Conditions.

“Order”: means any order for one or more retail Products placed by the Customer with LNS by the Site.

“Conditions”: means these LNS General Terms & Conditions of Sale for the distance selling of Products to Customers by LNS via the Site.

 “Member State”: means any Member State of the European Union existing on or after the date of entry into force of these Conditions.

 LNS“: means Lactalis Nutrition Santé (LNS), an SAS (simplified joint stock company) with capital of 1,925,410.00 euros, listed on the Rennes Trade and Companies Register under number SIREN 451 194 963, whose head office is located at the Parc d’Activités de Torcé – secteur EST 35370 Torcé  France

“Product”: means any product offered for sale by LNS on the Site.

“Site”: means the LNS website for sale of Products online, accessible at www.taranis-nutrition.com.


3. Purpose

The Conditions define the procedures for distance selling of the Products between LNS and its Customers via the Site.

When the Customer consults the Conditions on the Site, they can save them by downloading them (PDF format) and/or printing them.

The Conditions are accessible exclusively on the Site under the section “Terms & Conditions”.

The Conditions and all the information mentioned on the Site are written in French.


4. General information

4.1 Scope / Duration / Enforceability

The sale of the Products via the Site is limited to the Customers for a delivery in the Member States.

The Conditions govern the entire relationship between LNS and its Customers regarding sale of the Products via the Site. The Conditions and the confirmation of the Order transmitted by LNS to the Customer constitute a contractual whole which can be enforced against the parties to the exclusion of any other document.

The Conditions are valid for the period of time required to supply the Product(s) to the Customer and until the expiry of the warranties applicable to the Product(s).

The fact that LNS or the Customer fail to avail themselves at any time of any of the clauses of the Conditions shall not be construed as a waiver of the right to avail themselves of any of the said clauses at a later date.

4.2 Acceptance of Conditions by the Customer

The Customer certifies that they have read the Conditions prior to any Order and expressly agrees to accept them in their entirety, without restriction or reservation.

Such acceptance shall be evidenced by the fact that the Customer confirms their Order by clicking on “I declare that I have read the LNS General Terms & Conditions (shown herein) and accept them without reservation” before proceeding with the payment of their Order.

4.3 Modification of Conditions

LNS reserves the right to modify the Conditions at any time, it being specified that the modifications made will not apply to Orders in progress.

The Conditions applied to each Order correspond to the Conditions in force on the date the Order is placed, as defined in 4.4 below.

Any modification of the Conditions will be expressly announced on the Site. The Customer is therefore invited to regularly consult the Site in order to be kept informed of the latest Conditions.

4.4 Order date / Order validation date

The date on which the Order is placed is deemed to be the date of confirmation of the Order on the Site by the Customer.

The date on which the Order is validated (and hence the date on which the contract is concluded) is deemed to be that of the actual collection by LNS of the full price of the Product(s) ordered by the Customer.


5. Product characteristics and Prices

5.1 Consultation of Product characteristics

LNS presents on its Site the Products as well as their detailed descriptions allowing the Customer to become familiar with the essential characteristics of the Products before placing the Order.

The Customer acknowledges that, at the time of placing the Order, they have taken note of the special sales conditions stipulated on the Site (name, price, ingredients, weight, quantity, etc.) and expressly declares their acceptance without reservation.

The photographs of the Products on the Site are not contractual.

5.2 Availability

The offers of Products shown on the Site are only valid (i) as long as they are displayed on the Site and (ii) within the limit of available stocks.

In the event of the unavailability of the Product ordered after placing or validation of the corresponding Order, LNS will inform the Customer by e-mail. LNS will proceed with the refund of the price of the unavailable Product and the possible contribution to the related shipping costs (if the Customer had only ordered this Product) paid by the Customer:

  • In the event of payment by credit card: by credit to the Customer’s personal account, within a maximum period of thirty (30) days.
  • In the event of payment by check (only checks issued by a bank domiciled in France can be accepted by LNS): I) by default, a credit corresponding to the price of the unavailable Product for use in a future order of the Product(s) or (ii) upon the Customer’s request, the refund by check of the price of the unavailable Product

No additional delivery will be covered by LNS.

5.3 Prices / Shipping costs

The prices of the Products shown on the Site are indicated in euros including all taxes and excluding shipping costs.

Shipping costs will be charged in addition under the following conditions:

  • For delivery in Metropolitan France (including Corsica): The amount of the contribution to shipping costs depends on the amount including VAT of Product(s) ordered. Shipping is free of charge for Product(s) ordered in the sum of 65 euros or more. For orders of Product(s) of less than 65 euros (incl. VAT), the contribution to shipping costs is 7 euros (incl. VAT).
  • For delivery outside Metropolitan France, in one of the Member States: The amount of the contribution to shipping costs depends on the place of delivery and the net weight of the package as well as the price zones and scales shown in the appendix.

The Products ordered are invoiced at the prices in force at the time of placing the Order, as defined in article 4.4 of the Conditions.

LNS reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day the Order is placed.

Any change in the applicable VAT rate may be passed on to the prices of the Products. Similarly, if one or more taxes or contributions were to be created or changed, either upwards or downwards, this change may be passed on to the selling price of the Products.

The total amount due by the Customer is indicated on the Order summary page before they confirm their Order.

Special offers are only valid within the limit of the validity of the offer concerned and the stocks of available Products.

The costs of connection and communication (Internet and mobile Internet) related to the use of the Site by the Customer are not borne by LNS and remain at the exclusive charge of the Customer.


6. Ordering products

6.1 Order means and conditions

To enter an Order, the Customer must log on to the Site and click on the “Our products” tab.

The Customer may then view the Products offered for sale on the day of their logging on to the Site and select the Product(s) they wish to order by browsing the different categories of Products.

To order a Product, the Customer must click on “Add to Cart” to add the said Product to their shopping cart.

As soon as they have carried out this operation, the Customer may click on their cart at the top right of their screen to display a box containing the name and quantity of the Product thus added to the cart as well as the total amount of the cart (excluding shipping costs).

The Customer may then,

  • either continue with their Order by following the procedure indicated above,
  • or click on “My cart” to place their Order.

If they click on “My cart”, they will then see on their screen the contents of their cart containing all the elements of the Order including the commercial name of the Product(s), the quantity, the price, the shipping costs (once the delivery address is indicated).

The Customer may complete, modify or cancel their Order as long as they have not validated it definitively.

If the Customer wishes to delete one or more Product(s) from their cart, they simply have to click on the “Delete” tab marked by the icon representing a cross or to indicate “0” in the requested quantity.

Note that the amount of an Order may not exceed 1,000 (one thousand) euros.

The customer then validates their cart by clicking on “Checkout”.

  • In the case of a first Order, the customer must create their personal customer account by filling out all the mandatory fields on the registration form (indicating their status, titles, surname, first name, delivery address, billing address, zip code, city, date of birth, telephone number, e-mail address and strictly personal password). The Customer must be sure to verify the correctness of the information entered, in particular in the wording and to click on “Create an account”.
  • If the Customer already has a personal customer account, they are asked to enter their e-mail address (“Email”) and their password and click on “Sign in”.

The Customer’s identifiers and password are strictly personal. In the event that the password is lost or forgotten, the Customer will have to create a new password in their customer space.

The Customer’s data for logging on to the Site are confidential. It is up to them to keep these data secret as well as the e-mail address. Except in cases of fraud, the Customer is solely liable for the use of their identification data by a third party. Once properly registered or logged in, the Customer can access payment of their Order.

The Customer will see on their screen the summary of their Order at the bottom of this page, including the essential characteristics of the ordered Product(s), the price(s), the procedures for payment and delivery, how to exercise the right to cancel and the legal guarantees available to the Customer (hereinafter the “General Terms & Conditions”)

If they are satisfied with the content of their Order, they must choose the method to pay for it. The Customer must pay for their Order in accordance with these Conditions. The Customer is then automatically switched over to the Crédit Agricole bank’s payment server via the PAYBOX secure payment module, if they choose the method of payment by credit card, at which point they tick the box explained below and click on “Next”.

If the Customer chooses the method of payment by check, the address to which this check should be sent is indicated. When the Customer has ticked the box explained below and clicked on “Order”, a new page is displayed confirming the order and specifying the procedure for sending the check. The Customer must make the check payable to LNS Taranis and write the order number on the back of the check. This number is specified on the order confirmation on the site and the confirmation sent by e-mail.

Regardless of the payment method selected, the Customer must read and accept the Conditions by ticking the box “By ticking this box, I declare that I have read and agree to general terms & conditions” meant for that purpose. The Customer can consult the General Terms & Conditions of Sale by clicking on this hypertext link. The Customer must then expressly acknowledge their obligation to pay and validate their Order by clicking on “Checkout”.

At any time during the Order, the Customer can consult the details of their order and verify it. The contents of the shopping cart containing all the items of the Order in progress, including the essential characteristics of the Products selected in the cart, the quantity and their price, the total amount of the Order in progress, the delivery and billing addresses as well as the legal guarantees and rights available to the Customer. They can then modify the quantity of Product(s) chosen and/or their contact details, supplement their Order or cancel it.

The Customer may also, at any time, access the various services offered by LNS allowing them to access and correct their personal information, and to consult their Order history.

After final validation of the Order by the Customer, a summary appears on the Customer’s screen containing the Information and the references for the Order (details of the order, quantity, price excl. VAT, VAT, price incl. VAT, shipping costs).

The Customer will also receive a confirmation e-mail from LNS sent to the e-mail address indicated by the Customer as soon as possible. It will recap the Information and confirm payment. The Customer will be able to access the Conditions by clicking on a hypertext link as well as the standard cancellation form.

6.2 Registration of the Order by LNS

The Order may only be registered if the Customer (i) creates an account in accordance with the provisions of Article 6.1 of the Conditions or (ii) once their account is created, identifies themselves by entering their identifier and their password that are strictly personal to them. The Order will only be shipped subject to confirmation of payment by PAYBOX.

6.3 Information required to process the Order

The provision of personal information necessary for the processing of the Order is mandatory. Failure to provide information results in non-validation of the Order. This information must be true and complete.

6.4 Shipping conditions for the Order

The Order will only be shipped after LNS has effectively collected the full price of the Product(s) ordered by the Customer and any contribution to the shipping costs.

6.5 Undertakings from LNS

LNS undertakes to honor all Orders placed in compliance with the Conditions, within the limits of available stocks. Should the Product be unavailable, LNS undertakes to inform the Customer by any means (see article 5.2 above).

In certain cases (failure to pay a previous Order, erroneous address, abnormal nature of the Order, in particular concerning quantities of Products exceeding the normal needs of the Customer or abnormal order flows to a same billing and/or delivery address, etc.), LNS reserves the right to block the Customer’s Order until the problem is resolved. In such cases, LNS shall promptly inform the Customer of the situation.

A receipted printed invoice is sent to the Customer upon receipt of the Order and the corresponding payment. The Customer may at any time consult the history of their Orders and invoices in their personal customer space by clicking on the “My account” tab.

6.6 Archiving and proof of Order

The archiving of communications, purchase orders and invoices is carried out on a reliable and long-term medium so as to constitute a faithful and lasting copy. They can be produced as proof of contract.


7. Payment

7.1 Conditions and means of payment for Orders

This concerns an Order with obligation to pay, which means that ordering by the Customer implies payment of the amount of this Order (including the price of the Product(s) ordered and any shipping costs) by the Customer.

The price of the Order is payable in cash in euros by one of the means of payment offered by LNS, namely:

  • Credit Card (Carte Bleue, Visa, Mastercard)
  • Check issued by a bank domiciled in France: the check must be made payable to LNS and sent in a sufficiently postage-paid envelope by the Customer to LNS – Parc d’activité de Torcé – Secteur Est – 35370 TORCE (France), while being sure to specify the references for the Order placed on the Site. The check is cashed upon receipt.

For payments by credit card made on the Site, LNS uses the PAYBOX secure payment service, a system developed by the PAYBOX company. This service incorporates the Secure Socket Layer (SSL) security standard in such a way that the information transmitted by the Customer is encrypted by software and that no third party can become aware of it during transport on the network. In the event of payment by credit card on the Site, at the moment of paying their Order, the Customer is automatically directed to the PAYBOX secure platform. The Customer must enter the number of their card at this point along with its expiry date and visual cryptogram. A request for authorization is then triggered at the payment center concerned in order to verify the validity of the credit card. Any Order with a credit card can only be taken into account when the payment center concerned has given its approval. In the event of refusal by this center, the Order is not accepted and the Customer is informed by PAYBOX. Once the payment is accepted and made, the Customer is redirected to the Site where they can continue their visit.
Financial information relating to the Customer is not transmitted to LNS under any circumstances. The Customer will have to communicate their bank details with each new Order

At no time may the sums received be considered as deposits or down payments.

The Customer warrants to LNS that they have the necessary authorizations to use the method of payment chosen during their Order. LNS reserves the right to suspend any Order management and any delivery in the event of refusal of authorization of payment by credit card from the officially accredited bodies or in the event of non-payment.

7.2 Transfer of ownership / Transfer of risks

LNS RETAINS THE FULL AND COMPREHENSIVE OWNERSHIP OF THE PRODUCTS DELIVERED UNTIL THE EFFECTIVE RECEIPT BY LNS OF THE PRINCIPAL PRICE AND INCIDENTALS IN THEIR ENTIRETY.

The above provisions shall not preclude, from the time of delivery to the Customer, the transfer to the Customer of the risk of loss or deterioration of the Product(s) as well as any damage it or they may cause.


8. Delivery

8.1 The Customer can choose to be delivered either to their registered headquarters or to another address provided by the Customer in the Member State of domiciliation of their registered headquarters. To this end, the Customer must indicate the delivery address of their choice during the Order process.

At any time, the Customer is responsible for the accuracy of the information provided. They are therefore responsible for the modification of their postal address and must, in the event of a change of their postal address, modify their postal address in their personal space on the Site, so that their Order can reach them.

In the event of the Customer’s absence on the day of delivery, a non-delivery notice will be left for the Customer so that they can collect the package at the place indicated within the time limit specified on the non-delivery notice. In no event shall LNS be held liable for any deterioration of any Product(s) as a result of late collection by the Customer. If the Customer does not collect the package within the time limit indicated on the non-delivery notice, it will be returned to LNS which will then reimburse the Customer.

8.2 The Customer must be able to prove their identity and undertake to sign the delivery note presented by the delivery person after having checked the apparent condition of the package and its content, in the presence of the delivery person. In the event of an anomaly (damaged packaging, missing or damaged products, etc.), the Customer must describe precisely on the delivery note the condition of the package justifying their refusal and will have a period of ten (10) days to report it to LNS by any means.

In the event of an anomaly not reported when the delivery note is signed, the Customer will have a period of ten (10) days from the date of delivery to send LNS reservations concerning the Product(s) delivered.

After LNS acknowledges the anomaly reported by the Customer under the conditions set out above, LNS will then proceed either with the refund or the replacement of the Product(s) concerned.

8.3 Delivery time

The delivery periods are as follows (period starting from the date of validation of the Order as defined in article 4.4 of the Conditions):

  • For delivery in Metropolitan France (including Corsica): 2 working days
  • For delivery outside Metropolitan France, in one of the Member States: 2 to 6 working days

Deliveries are made on working days, except public holidays in the country of destination.

In the event of late delivery, the Customer is invited to contact the LNS Customer Service.

8.4 In accordance with applicable regulations, in the event of delayed delivery, the Customer may terminate their Order (i) by registered letter with acknowledgment of receipt or (ii) by e-mail to the following e-mail address: commande@taranis-nutrition.com, if, after having enjoined, in the same manner, LNS to make the delivery within a reasonable additional period of time, the said delivery has not been made within this period, provided that delivery of the Product(s) does not occur between the sending and receiving of the aforesaid missive or letter.

In the event of termination of the Order under the aforementioned conditions, LNS will reimburse the Customer for all sums paid within a maximum period of fourteen (14) days following the date of receipt by the latter of the letter or missive informing them of this termination.

The Customer is requested to report any delay in delivery to LNS as soon as possible so that it can, if necessary, look into the matter with the delivery firm.


9. Warranty – Non-compliance – Hidden defects

Furthermore, in accordance with the provisions of article 1641 et seq. of the French Civil Code, LNS shall be liable for the hidden defects of the Product sold which render it unfit for the purpose for which it is intended or which so diminish such use that the Customer would not have acquired it, or would have done so at a lower price, had they been aware of them.

The Customer may also implement the warranty against the hidden defects of the Product sold within the meaning of article 1641 of the French Civil Code and, in this case, may choose between terminating the sale of the Product concerned or reducing its selling price in accordance with article 1644 of the French Civil Code

If a Product delivered to the Customer does not conform to the Product ordered by it or presents a hidden defect, the Customer must notify this Product’s non-conformity or hidden defect, along with its batch number, as soon as possible after its observation to LNS, by sending an email to its Customer Service Department at the following address: commande@taranis-nutrition.comor by telephone on the number +33 (0) 2.99.49.20.89

In this case, the Customer must:

  • return the Product concerned to the following postal address with sufficient pre-paid postage:

LNS – Taranis – Parc d’activité de Torcé – Secteur est 35370 Torcé FRANCE

The Product must be returned in its original packaging, in the condition in which the Customer received it, complete and unused, accompanied if necessary by any accessories, user manuals and documentation as well as the return slip;

  • Indicate by writing the defect, problem or non-conformity of the Product found.

If LNS finds the defect, problem or non-conformity notified by the Customer under the conditions set out above, LNS will then proceed either with the refund or replacement of the Product concerned, or else a price reduction, as the Customer prefers, as indicated above depending on the nature of the defect. LNS also undertakes to bear the shipping costs incurred by the Customer in returning the Product(s), upon presentation of the corresponding evidence and within the delivery coverage limit concerned.


10. Protection of personal data

10.1 The term “personal data” refers to information identifying each Customer such as their surname, first name, date of birth, postal address, telephone number, e-mail address, customer code and password.

10.2 LNS takes all necessary measures to ensure the confidentiality and security of the personal data transmitted by the Customer.

On the basis of the personal data collected in the context of the Orders, a file will be constituted and used by LNS for the management and processing of the said Orders, follow-up of Customer relations, statistics, satisfaction surveys, and for sending to the Customer, by e-mails or by mail, of information and special offers concerning the Products.

Such personal data shall be retained within a reasonable period of time necessary for processing of the data.

LNS may, in certain cases, be required to communicate the personal data of the Customers to third parties but only:

  • to its subcontractors acting on behalf of LNS (in the context of the performance of the service(s) concerned by collection), and in strict compliance with the purposes for which the said personal data have been collected, or
  • in application of a law, a court ruling or at the request of the public authorities.

As an exception to the above provisions, no other communication of the personal data of the Customers to third parties will be carried out by LNS unless LNS informs each Customer and obtains their express prior authorization.

This personal data will be processed in accordance with the provisions of the French Data Protection Act of 6 January 1978.

Thus, each Customer has the right to access, rectify, oppose or even delete personal data concerning them. These rights can be exercised, at any time by each Customer, on simple written request sent to the LNS customer service

  • at the following postal address:

Lactalis Nutrition Santé

Services Clients

Parc d’Activités de Torcé – Secteur EST

35370 Torcé – France

  • or at the following e-mail address: contact@taranis-nutrition.com

Any request for access, rectification or cancellation of the personal data of a Customer must imperatively be accompanied by a photocopy of an identity document bearing the handwritten signature of the Customer concerned.

The Customer may also notify LNS that it no longer wishes to receive e-mails or postal mail, satisfaction surveys, information and special offers concerning the Products either by sending a letter by mail to the LNS customer service or by clicking on the link provided to this effect in LNS e-mails and following the instructions shown.

A Customer who exercises their right to object to the use of their data for prospecting purposes by sending a letter by mail can obtain the reimbursement of the stamp used for their letter by written request accompanied by a RIB (statement of bank details) or a RIP (statement of post office details) sent to the above address. This refund will be made at the priority letter or Eco letter rate in force for shipments under 20g (according to the stamp used by the Customer for the shipment).


11. Liability

11.1 LNS shall not be held liable for the breach or improper fulfilment of an Order if LNS is able to demonstrate that this improper fulfilment is attributable to (i) the Customer, (ii) an unpredictable and insurmountable event, (iii) a third party to the contract or (iv) force majeure as defined in Article 15 of the Conditions.

11.2 The Customer is solely liable for the choice of the Product(s), its (their) conservation from the delivery and its (their) use. In no event shall LNS be held liable for any damages arising from these incidents.

11.3 The Products offered comply with the applicable French legislation. LNS warrants that the Products are in perfect condition when delivered to the carrier.

11.4 LNS undertakes to make every effort to ensure that the Site is accessible at any time. Nevertheless, LNS declines all liability in the event of difficulty in accessing the Site or interruptions in the connection, whatever the causes. LNS reserves the right to make any modification to the Site which it deems useful without prior notice and even if access to the Site is interrupted as a consequence.

LNS shall not be held liable for (i) any direct or indirect damage, including inaccessibility to the Site, loss of data, deterioration, destruction or viruses that may affect the Customer’s computer equipment, and/or (ii) the presence of viruses on the Site.


12. Intellectual property

The Site, as well as all the elements composing it (including texts, photographs, videos, brands, etc.) and all the documents transmitted to the Customer by LNS constitute a work within the meaning of the Code of Intellectual Property which, as such, come under the French and international legislation on Literary and Artistic Property.

Copying on any medium (including hard drive), of pages of the Site (or components thereof) or documents transmitted to the Customer by LNS is permitted for private purposes only. Consequently, any representation or reproduction, even partial, of these elements for commercial purposes without the prior written consent of LNS or any other company in its group that it intends to substitute in its place is unlawful and liable to constitute an act of infringement incurring the civil and criminal liability of the infringer.

The rights to the commercials and the musical works included in these commercials are reserved for the benefit of the owner of the recording of the work in question.

The photographs displayed on the Site are not contractual.

The trademarks mentioned on the pages of the Site and other documents transmitted to the Customer by LNS are trademarks registered by their respective owners. In accordance with French and international legislation on intellectual property, any reproduction and/or use without their agreement is strictly prohibited.

The Site and other documents transmitted to the Customer by LNS only contain part of the trademarks registered or exploited by LNS.


13. Miscellaneous

Should any of the provisions of the Conditions be declared null and void by a final court ruling, the invalidity of the clause in question shall not in any way entail the termination of the Conditions, all other provisions of which shall remain in full force and effect. As far as possible, the cancelled clause will be replaced by a valid clause whose economic and legal effects are as close as possible to the aim pursued with the clause which has been deemed null and void.


14. Force Majeure

The performance by either party of its obligations hereunder shall be suspended in the event of a case of force majeure which might impede or delay its performance.

The following are considered to be cases of force majeure: those usually deemed as such by the jurisprudence of the French courts and tribunals, which have an unpredictable and irresistible external character for either party, such as: war, act of war, flood, fire, civil commotion, blockade, interruption of transport or strikes affecting one or other of the parties.

The party affected by the force majeure shall notify the other of the occurrence of such an event within 48 hours. The parties will then consult as soon as possible in order to agree on the procedures for fulfilment of the Order.

If the case of force majeure continues for a period exceeding 48 hours, the Customer and LNS may terminate the Order in progress by e-mail notified to the other party and LNS will proceed, if necessary, with the refund of the Order.


15. Applicable Law / Claims and disputes

15.1 The Conditions are subject to French law.

15.2 In the event of a dispute, the Customer may submit their complaints by mail to the LNS Customer Service in order to seek an amicable solution. In the absence of an amicable settlement between the parties, the dispute shall be submitted to the French courts.

In the absence of an amicable settlement between the parties within a period of 60 days, THE DISPUTE SHALL BE SUBMITTED EITHER TO THE COURT OF THE PLACE WHERE THE DEFENDANT IS RESIDENT OR THE COURT OF THE PLACE WHERE THE PRODUCT(S) WERE EFFECTIVELY DELIVERED.

The prior search for an amicable solution does not interrupt the period allowed to invoke the warranty.

Last update: 1 September 2017


Appendix 1 – Price zones and price scales for deliveries outside France

Country Price zone
Germany 1
Austria 1
Belgium 1
Bulgaria 2
Croatia 2
Denmark 1
Spain 1
Estonia 2
Finland 1
Greece 1
Hungary 2
Ireland 1
Italy 1
Latvia 2
Lithuania 2
Luxembourg 1
Netherlands 1
Poland 2
Portugal 1
Czech Republic 2
Romania 2
UK 1
Slovakia 2
Slovenia 2
Sweden 1

ZONE 1: cost amounting to 35% of the amount of the cart ordered

ZONE 2: cost amounting to 40% of the amount of the cart ordered