Terms of Sales

Preamble

You are currently connected to the website "www.realdyme.com". The purpose of this document is to inform you about Realdyme and its general conditions of sale.

These general conditions of sale apply to all orders placed on the website « www.realdyme.com ».

These general conditions of sale are concluded on the one hand between :

The society « REALDYME », whose head office is located Za Diepe – 28700 GARANCIERES EN BEAUCE – France ; registered at the Registre du Commerce et des Sociétés (RCS) de Chartres under the number 315 252 502 ; numéro d’identification TVA intracommunautaire FR 90 315 252 502.
Email address : info@realdyme.com
Phone : +33(0)2 37 24 61 65

Hereinafter referred to as « REALDYME »

And on the other hand,

By any natural or legal person wishing to make a purchase via the "www.realdyme.com" Website. Hereinafter referred to as "the Buyer" or the "Customer"
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, if a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

The Customer acknowledges having, prior to placing the order, acquainted with all of the aforementioned information and the General Conditions of Sale, which are brought to his attention to enable him to place an order.

Article 1 – Object

Application fields

These General Conditions of Sale aim to define the contractual conditions (Rights and Obligations) between REALDYME and the Buyer, whether professional or consumer, in the context of the sale of products by REALDYME, carried out through its merchant site : www.realdyme.com.

These General Terms and Conditions of Sale comply with current French regulations, and more particularly with Law No. 2004-575 of June 21, 2004, known as the "law for confidence in the digital economy". They also comply with the recommendations of the OECD in the field of electronic commerce, as well as with the provisions of law n ° 2005-67 of January 28, 2005 known as "law tending to consolidate consumer confidence and protection or Châtel law." Entered into force on June 1, 2008.

Important : this contract is made up of these General Conditions of Sale and the order form completed on the site. However, the photographs illustrating the products on the Site are not contractual. If errors or alterations resulting from the processing of these photographs or the display on the user's screen are introduced, REALDYME cannot be held liable for this fact.

These General Conditions of Sale are valid from 07/03/2018. This edition cancels and replaces all previous versions. REALDYME reserves the right to adapt or modify these General Conditions of Sale at any time and without notice. In this case, the start date of validity will be mentioned on the new document. In the event of a modification, the General Conditions of Sale in force on the day of the order will be applied to each order.

The Buyer must be at least eighteen (18) years old, be legally capable of contracting and using this Site in accordance with the General Conditions of Sale.

Resale or distribution of products purchased on the website « www.realdyme.com » is prohibited.

Article 2 – Product availability

The products offered by REALDYME are those presented on its site in French and English, on the page http://www.realdyme.com/fr/doses-o-son-vente-son-de-ble-micronise. Any national of the European Community and of countries complying with Directive 95/46 / EC cannot assert their lack of linguistic knowledge as a contract cancellation clause.

Product offers and prices are valid as long as they are visible on the site, while stocks last. The order is recorded after receipt of payment thereof. The delivery time is 10 working days after the date of receipt of payment (excluding the annual closing period from August 05 to August 21.

In case of unavailability of products after placing the order, the Customer will be informed by email or telephone as soon as possible :

The Customer may terminate the contract / purchase order if he has instructed REALDYME to deliver it within an additional 8 clear days and REALDYME cannot be executed. In this case, REALDYME will reimburse within a maximum period of fourteen (14) days after the date of notification of the termination of the contract.
REALDYME will offer it the supply of a similar product at the same price. In the absence of acceptance, the Customer will exercise his right of withdrawal and if the debit of the payment has already taken place, REALDYME will reimburse within a maximum period of fourteen (14) days after the date of information of the decision to withdraw.

Article 3 – Geographical area

The products sold online presented on the website http://www.realdyme.com/fr/doses-o-son-vente-son-de-ble-micronise are delivered worldwide, except in the USA and Canada .

Article 4 – Order

Any order form signed by the Customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract. The "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature.

In accordance with the law of March 13, 2000, this electronic signature has value between the parties in the same way as a handwritten signature. Any agreement to a quote sent by email to the Buyer and returned to REALDYME with an explicit agreement also constitutes irrevocable acceptance.

Article 5 – Order process

The www.realdyme.com site allows you to order a selection of REALDYME brand products online via the Internet. The Buyer who wishes to purchase a product online must follow the procedure described below. The Buyer must complete the identification form on which he will indicate all the requested contact details or give his Customer number if he already has one. The Buyer must complete the online order form giving all the references of the products chosen, as well as the desired quantities.

841 / 5000 Résultats de traduction The information and information provided by the buyer when ordering is binding. In the event of an entry error (s), REALDYME cannot be held responsible for the consequences that this would cause and the impossibility of ensuring delivery. This clause is applicable in the event of a delay or error in delivery, in which case all costs incurred by REALDYME for the reshipment of the order will be entirely the responsibility of the Buyer.

The Buyer checks the details of his order and its total price. He has the possibility of correcting any errors, before confirming, in a second step the order. The Customer agrees to complete the order form with precision and thoroughness. As such, he undertakes to complete the various sections necessary for the proper processing of his order :

• Choice of product(s)
• Choice of billing address
• Choice of delivery address
• Choice of payment method
• Confirmation of the order after verification
• Payment of the order under the defined conditions

253 / 5000 Résultats de traduction The validation of the order entails the acceptance of the General Conditions of Sale, the recognition of having had perfect knowledge of them and, where applicable, the waiver of its own conditions of purchase or other conditions.

Article 6 – Order confirmation

REALDYME will acknowledge receipt of the order by return email as soon as it is validated by the purchaser, subject to the provision by the Purchaser, of a valid email address not subject to any restriction of 'use (professional email address for example). In this specific case, REALDYME cannot be held responsible for the non-receipt of the order confirmation containing all the contractual information and providing proof of the transaction.

This acknowledgment of receipt does not automatically lead to confirmation of the order.

Any order placed with REALDYME is only final after receipt of payment for the order. In the event that payment is made by credit card on the site, confirmation will be made within 24 hours. In the case of payments by check or by bank transfer, the order confirmation will be sent within 5 to 10 working days maximum 5 working days after receipt of payment. By receipt of payment we mean receipt of the check or payment of the amount of the order to the account of the company.

REALDYME reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, from receipt of an order presenting an abnormal or incomplete character for any reason whatsoever. , or other cases provided for in this contract.

Article 7 – Price

The prices are valid as long as they are visible on the Site. REALDYME reserves the right to modify prices at any time and undertakes to apply the price in force on the date of validation of the order.

Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. They do not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation.

For delivery within the European Union, prices take into account the VAT applicable on the day of the order. They are therefore indicated VAT included. Any change in the applicable VAT rate may be reflected in the selling price of the products in the catalog.

No other customs duty or VAT will be payable for delivery within the European Union. For delivery outside the European Union, the Customer will have to pay customs duties, VAT or other taxes due on the occasion of importing the products into the country of the place of delivery. The related formalities are also the sole responsibility of the Customer, unless otherwise specified.

The Customer is solely responsible for checking the possibilities of importing the products ordered under the law of the territory of the country of delivery.

The sale prices include the delivery of the goods. This selling price is therefore variable depending on the place of delivery, the weight and the volume of the package.

Article 8 – Payment method

REALDYME provides the Buyer with various means of payment offering maximum security and guarantees:

By bank transfer to REALDYME's account, clearly indicating the order reference on the transfer. Upon receipt of the amount the order will be considered confirmed.

Bank or private card (Carte Bleue, Visa card, Eurocard / Mastercard, American Express), indicating directly in the zone provided for this purpose (entry secured by SSL encryption), the card number without space between the numbers, its date validity, as well as its control code. By check in euros, clearable in a French bank, payable to REALDYME and sent to the following address: REALDYME Order Department, ZA DIEPE 28700 GARANCIERES EN BEAUCE FRANCE Your order is then reserved for seven (7) working days. Beyond this period, without receipt of your check, it will be canceled. The order will only be processed upon receipt of your check and payment.

Payment by credit card is therefore perfectly secure; your order will be recorded and validated upon acceptance of payment. The Customer guarantees to the company REALDYME that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. For payments by credit card, certain verifications may be carried out by REALDYME. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.

REALDYME is the sole recipient of data relating to the Customer's order. The non-transmission of data related to the order prevents the analysis and therefore the completion of the purchase. The occurrence of an unpaid due to fraudulent use of a bank card will result in the entry of contact details relating to the order associated with this unpaid within a payment incident file. An irregular declaration or an anomaly may also be the subject of specific treatment.

In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify, and oppose all of your personal data at any time by writing by mail and justifying your identity to :

REALDYME – Service clients ZA Diepe, 28700 GARANCIERES EN BEAUCE, FRANCE

Article 9 – Retention of title

The products delivered to the Customer remain the property of REALDYME as long as the Customer has not paid the full price in principal and accessories, due under his order. Payment within the meaning of this clause being understood by the actual collection of the price by REALDYME. On the other hand, the transfer of risk takes effect upon the actual delivery of the products ordered on the online store.

The documents provided to the Client are governed by the Intellectual Property Code. They therefore remain the property of REALDYME. It is therefore forbidden to reproduce, transfer, or use the documents provided without the consent of REALDYME.

Article 10 – Order execution

The order will be prepared within 5 working days after confirmation of the order. It will then be shipped by parcel post. The time between order confirmation and delivery to the customer is a maximum of 10 working days.

The company REALDYME reserves the right to refuse the order for a "legitimate reason" (in the sense defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, abusive request from the Customer, of presumption of impossibility for the Customer to contract or even of manifest intention for the Customer to harm the company REALDYME. REALDYME also reserves the right to refuse the order in the event of an obvious typographical error leading to the display of a "low price", and this at the time of the order placed by the Customer.

Article 11 – Billing

With any order, the invoice, including the information required by Article L 121-19 of the Consumer Code will be attached :

• the identification and contact details of the Company / Buyer
• payment and delivery terms
• the essential characteristics of the product
• the price of the product

Article 12 – Delivery

REMINDER: the products purchased on the Site www.realdyme.com can be delivered worldwide except in the USA and Canada.

However, the following delivery addresses are not accepted: PO box, hotel, cedex, military base.

The products are shipped to the delivery address (es) indicated during the ordering process.

If the recipient of the order is absent during delivery, the carrier will leave a calling card and the Customer or the recipient has a period of fifteen (15) days to collect the package according to the terms indicated on the calling card.

After this period, the order will be returned automatically to REALDYME who will contact the Customer again to define the conditions for a possible reshipment. The costs of processing this new delivery will then be invoiced to the Customer. Shipping costs are calculated according to the country of destination and the type of service chosen.

Any defect or delay in delivery exceeding ten (10) working days must be reported to our Customer Service as soon as possible on +33 (0) 2 37 24 61 65

You must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note. You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, etc.). This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery slip.

If the delivery person refused to wait, absolutely state on the delivery note "the delivery person did not want to wait for the item to be unpacked".

You must also report any anomalies by registered mail and confirm your reservations to the carrier no later than three (3) working days following receipt of the item (s) and send a copy of this letter to :

REALDYME – Za Diepe, 28700 Garancières en Beauce, FRANCE

In the event of non-compliance of the products purchased, you can return them or request an exchange or refund under the conditions provided for in the following articles.

Article 13 – Right to retract

In accordance with articles L221-18 et seq. Of the Consumer Code, you have a period of fourteen (14) clear days to exercise your right of withdrawal (withdrawal form available on the site to be returned by registered letter with acknowledgment of receipt ) without having to justify reasons or to pay penalties except for the cost of return. The period of fourteen (14) days runs from the date of receipt of the products ordered..

The products must be returned within a period not exceeding fourteen (14) days after sending the withdrawal form, suitably protected, in their original packaging, in perfect condition for resale (not damaged, damaged or soiled by the Customer) accompanied by instructions for use and documentation to the address indicated below, accompanied by the sales invoice :

Service Clients REALDYME, Za Diepe, 28700 Garancières en Beauce, FRANCE

Packages for which no attached item can identify the sender (order number, last name, first name, address) cannot be taken back.

The costs and risks associated with returning the product are the responsibility of the Customer who ships it. The return of the products will give rise to a refund equal to the purchase price of the product (s) purchased. As soon as the return is processed, the amount of the refund including the return costs incurred will be communicated by email to the Customer and credited to the means of payment used for the transaction.

Article 14 – Legal guarantees of "conformity" and "against hidden defects"; exchange and refund

The Customer benefits as of right from the legal guarantee for hidden defects of the item sold as defined in articles 1641 and following of the Civil Code as well as from the legal guarantee of conformity of the property with the contract under the conditions of article L 217- 4 and following of the Consumer Code.

All our products are guaranteed against any manufacturing defect. Defective products must be returned at the Customer's expense for examination in order to determine the validity of the complaint. To be able to benefit from the product warranty, the purchase invoice for the product should be kept. REALDYME will reimburse the shipping costs in the event of proven defects, if and only if the supporting documents corresponding to the costs are attached to the package.

If the Customer wishes to act as a legal guarantee of conformity, he has a period of two years (24 months) from the delivery of the product that is the subject of the order to act. He can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code (for Dose-O-Son only an exchange is materially possible). The customer is exempt from providing proof of the existence of the lack of conformity of the goods for a period of twenty-four (24) months since March 18, 2016.

In the event of non-compliance with the order, the Customer may return the product (s) received. Product returns can only be accepted for products in perfect condition and in their original packaging. In the event of a defect, you must return the item to us. You should therefore never throw away the articles. The product (s) must be returned, accompanied by the purchase invoice, and the return agreement number, sent to our Customer Service.

Regarding the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund must be made, it will be made within thirty (30) days of receipt of the return by the Customer. Return costs will then be reimbursed on supporting documents.

In accordance with the regulations in force, REALDYME applies the legal guarantee of conformity regardless of the commercial guarantee it grants.

From France on 02 37 24 61 65 or from abroad on +33 (0) 2 37 24 61 65 Via the "Contact" section of our Website
By mail to following address: REALDYME Za Diepe Customer Service, 28700 Garancières in Beauce, France.

Article 17 – Force Majeure

REALDYME can in no way be held responsible for the non-fulfillment of the order in the event of force majeure.

As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, lock-out, riot, civil disturbance, insurrection, war, bad weather, epidemic , blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other case beyond the control of the Parties preventing the normal performance of the contract.

With respect to products purchased to meet professional needs, REALDYME will not incur any liability for any consequential damages as a result of these, loss of business, loss of profit, damages or costs, which may arise.

Article 18 – Cryptology

The REALDYME website is subject to the ATOS secure system which uses the SSL (Secure Socket Layer) security protocol to encrypt the Customer's bank details. All orders placed on www.realdyme.com can be checked by REALDYME.

In this context, REALDYME may have to ask the Buyer for all the supporting documents necessary for the execution of the order, identity document, proof of address, etc. These requests will be made by email or telephone.

Article 19 – Electronic signature

The "Double Click" associated with the Customer's authentication and non-repudiation procedure when ordering and with the acceptance of these General Conditions of Sale constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties.

Article 20 – Responsibility

REALDYME, in the online sales process, is bound only by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.

Cookies: cookie files are stored in your browser's memory. Their lifespan is permanent. They contain a unique identifier per browser. They constitute the history of visits to each page of the website www.realdyme.com. You retain the option of configuring your browser to refuse these cookies without altering your browsing on our site.

Article 21 – Proof

The computerized registers, kept on the servers of the company REALDYME as well as on the servers of its banking establishments, will be considered as proof of communications, orders and payments between the parties.

Article 22 – Preservation and archiving of documents

The archiving of transaction data is carried out on a reliable and durable medium, in accordance with article 1348 of the French Civil Code. It is therefore carried out in accordance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems in order to ensure the preservation and integrity of the records stored in these systems.

Article 23 – Personal information

The automated processing of information, including the management of the email addresses of users of the Site, has been declared to the CNIL registered under number ERJ1384855t. It is done in compliance with the provisions of law n ° 78-17 of January 6, 1978. Likewise, any user has the right to verify the accuracy of this data, and may request its rectification or deletion. by writing to REALDYME at the following address :

REALDYME Za Diepe, 28700 Garancières en Beauce, FRANCE.

The information and contact details concerning the Customer are confidential. They are used for processing orders and for sending information on products similar to those provided above.

The Customer has the option of objecting free of charge, apart from those related to the transmission of the refusal, and in a simple manner, to the use of his contact details, each time a message is sent to him. To do so, all he has to do is write to the following address :

REALDYME Za Diepe, 28700 Garancières en Beauce, France.

Article 24 – Intellectual property

In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all elements, brands, designs, models, logos, graphics, etc. found on this Site are the exclusive property of REALDYME and its partners, the latter granting no license or any right other than that of consulting the Site. The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

Any other use constitutes an infringement and is punishable under Intellectual Property, except with the prior written authorization of REALDYME. Any single link or hyperlink is strictly prohibited without the express written consent of REALDYME.

Article 25 – Entire contract

These General Conditions of Sale express all the obligations of the parties. No general or specific condition communicated by the Customer can be incorporated into these General Conditions of Sale.

Article 26 – No waiver

The fact that the company does not invoke a breach by the Customer of any of the obligations referred to herein cannot be interpreted in the future as a waiver of the obligation in question.

Article 27 – Applicable law, disputes

These General Terms and Conditions of Online Sale are subject to French law, in accordance with European directives, notwithstanding any rule relating to conflicts of law. In the event of a dispute, the parties will favor an amicable settlement.

Any dispute relating to the interpretation or execution of this contract between REALDYME and a natural or legal person considered to be a consumer, will be brought before the French courts, in accordance with the provisions of Articles 46 to 48 of the NCPC.

References: articles governing distance selling of the Consumer Code (codification revision of July 1, 2016): L.221-1 to L.221-7; L.221-11 to L.221-15; L.221-18 to L.221-28.

For any Business to Business type contractual relationship between REALDYME and a legal person, the attribution of the competent courts is entrusted to the courts of CHARTRES.

Article 28 – Consumer mediator

The list of consumer mediators referenced by the CECMC (Commission d'Evaluation et de Contrôle de la Médiation et de la Consommation) is updated on the website https://www.economie.gouv.fr/mediation-conso / list-of-consumer-mediators The mediator identified on the day of issue of these GTC for our activity (Professional Federation of e-commerce and distance selling - FEVAD) can be contacted via the website http://www.mediateurfevad.fr/ (60 rue la Boétie, 75008 Paris).

Lexicon

In this contract, each of the expressions mentioned below will be understood within the meaning of its definition, namely :

• "the society" : REALDYME
• “Online sales contract”: any contract concerning the ordering of products concluded between the company and a Customer within the framework of a distance selling system organized by the company REALDYME, which for this contract uses exclusively the Internet network until 'at the conclusion of the contract, including the conclusion of the contract itself.
• "Customer" or "Buyer": any natural person who, in this contract, acts in a private capacity or as a representative of a legal person.
• "Order form": document which indicates the characteristics of the products ordered by the consumer and which must be signed by him by "double click" to engage him.
• "Order": act by which the Customer undertakes to purchase products and the company to deliver them to him.
• "Product": good sold by the company.
• "Double click": reiteration of the validation of the Order Form by the Customer. A purchase order completed and validated the first time is never taken into account without the Customer's confirmation. This confirmation can be made by means of a checkbox accepting the General Conditions of Sale, or an order confirmation message.