PURPOSE AND SCOPE OF APPLICATION
The T&Cs define the conditions of access to the Site, as well as the terms and conditions for the use of its functionalities by the USER.
1.1.2. Scope of application
The T&Cs apply to any beginning of use of the Site by a USER.
1.1.3. By accessing and using the Site, the USER accepts the T&Cs without reservation or condition and undertakes to respect them in all respects. The T&Cs can be modified at any time by Easy Diet Plus. The applicable T&Cs are those in force at any time, for the USER or CLIENT, on the day of use of the Site, and particularly for the CLIENT, those in force on the day of express acceptance thereof via the Product order form or at the time of subscription to the Services.
1.1.4. The Site is accessible to all countries in the world. In the event that our products and services referred to therein or the manner in which they are offered violate, in whole or in part, regulations with regard to the USER's national right of residence, it is the USER's responsibility to waive access from this territory or to access it from other territories where they are deemed legal. The USER who chooses to access the Site from a territory where the Site, the Products and Services would violate, in whole or in part, a national regulation applicable on his own initiative, at his own risk and peril and it is his responsibility to assume the consequences of the application of the public policy rules of his country of residence, without him being able to attribute the responsibility to Easy Diet Plus.
1.1.5. The USER acknowledges that the recordings and backups (including Data and any connection data) made from the Site and e-mails exchanged with Easy Diet Plus (the "Electronic Documents") as well as their faithful reproductions on microfiche, optical or magnetic discs, kept by Easy Diet Plus, will have probative value between the USER and Easy Diet Plus. Thus, the Electronic Documents (including their date and time) shall be deemed authentic, until proven otherwise, between the USER and Easy Diet Plus in the event of a claim or dispute.
USE OF THE SITE AND CONTENT
1.1.6. The use of the Site implies for the USER to have an Internet connection and adequate computer equipment whose costs are independent of the services offered by Easy Diet Plus.
The USER undertakes not to:
- attempt to access the elements of the Site by means other than the interfaces provided by Easy Diet Plus for this purpose;
- sell, assign, publish, present, disclose or make available to third parties any of the content made available to it by Easy Diet Plus;
- remove Easy Diet Plus identification and ownership notices;
- create hypertext links to the Site (other than under the conditions set out in section 1.0.6 below);
- publish any test or analysis of performance or evaluation relating to Easy Diet Plus or the Site;
- use for purposes other than personal and private, copy or transmit to third parties the elements of the Site;
- infiltrate or attempt to infiltrate the computer systems hosting the Site, in particular through reverse engineering.
1.0.1 The violation of the conditions of this section shall automatically entail, in addition to the USER's liability, the suspension or termination (at the discretion of Easy Diet Plus) for the CLIENT, without prior notice, of the supply of the Products and Services.
RESPECT FOR COPYRIGHT
1.0.3 All copyright (copyright and related rights such as database producers' rights, as well as copyright on the software making up the Site) of protected works reproduced and communicated on this Site, are reserved for the whole world. The USER undertakes not to use the works other than for reproduction or consultation for personal and private purposes.
1.0.4 The USER undertakes not to reproduce all or part of the Site on any medium whatsoever (paper, electronic, etc.), other than for personal and private use.
1.0.5 On the USER's credit card statement, any purchase of any product will appear as "EasyDietPlus"
1.0.6 (a) Creating links to the Site
The USER may set up a hypertext link to its content, subject to the following conditions:
- not to use the deep linking technique, i.e. the pages of the Site must not be embedded within the pages of another site, but accessible by opening a window;
- mention the source that will lead through a hypertext link directly to the targeted content. The data on the Site must only be used by the USER for personal, associative or professional purposes. Any use for commercial or advertising purposes by the USER is excluded. The possibility offered by the USER to create a link to the Site does not apply to the creation of links on Internet sites disseminating information of a controversial or pornographic nature, inciting racial hatred or any form of discrimination or which may, to a greater extent, offend the sensitivity of the greatest number or public order. The USER who wishes to make any other use of the content of the Site or who has a doubt about the scope of his rights under the TOU, must first consult Easy Diet Plus before any action he wishes to perform.
(b) Links on the Site to other sites
The Site may contain hypertext links to the content of third party websites that are not controlled by Easy Diet Plus. The USER acknowledges and accepts that Easy Diet Plus cannot be held responsible for the content of websites to which the USER may access from the Site. When the USER accesses another website other than the Site, the USER agrees to do so under his responsibility and control and to assume any possible risks, Easy Diet Plus not making any commitment to the USER as to the accuracy or reliability of the information, data, opinions, advice or statements presented on this other site, nor as to the quality of the services offered therein. Easy Diet Plus provides these links only for practical purposes, and the existence of these links does not imply in any way that Easy Diet Plus is or accepts responsibility for the content or uses of these third-party sites. Easy Diet Plus recommends that the USER take all reasonable and generally accepted measures to protect computer systems and equipment such as the use of anti-virus software or programs, firewalls and to exercise caution, particularly when opening documents.
LIMITATIONS OF RIGHTS
1.0.7 Easy Diet Plus is the owner or licensee of the intellectual property rights of both the general structure of the Site and its content. The USER acknowledges and accepts that access to the Site and the services made available to it by Easy Diet Plus shall not transfer or license any intellectual property rights (in particular trademark or copyright rights) and other rights to the USER. The USER acknowledges and accepts that the use of the Site and access to the services and their content does not authorize the USER to reproduce, resell, exchange, lease, rent, modify, adapt, correct, and this either free of charge or against payment, all or part of the Site, the services and their content protected by trademark law, or by any other intellectual property right whatsoever. None of the terms and conditions of the T&Cs shall be construed as an assignment or license of any of these rights for the benefit of any party.
1.0.8 In accordance with the law "Informatique et Libertés" of 6 January 1978 amended by the law relating to the protection of personal data of 20 June 2018 and the European Regulation 2016/679 of 27 April 2016, Easy Diet Plus respects the privacy of the USER. Easy Diet Plus undertakes that all information it collects to identify the CLIENT in connection with the CLIENT's use of the e-commerce service to purchase a Product or subscribe to a Service shall be considered confidential information. To find out how his or her personal data is processed, to be informed of his or her rights to this data, and to learn more about cookies, the USER is invited to consult Easy Diet Plus Personal Data Protection Policy via a link on the Site or when purchasing a Product by consulting the link provided for this purpose, or to contact Easy Diet Plus either by post or by e-mail at the addresses indicated at the bottom of the TOS below. To exercise his rights to Easy Diet Plus, the CLIENT may choose to send his request, either by post or by e-mail to the addresses indicated below, or via the Personal Data Form on the Site. Requests are processed within one (1) month of receipt by Easy Diet Plus. When purchasing a Product, Easy Diet Plus offers to receive its promotional offers by email and SMS. The CLIENT may unsubscribe at any time via the hypertext link at the bottom of the offers received by e-mail.
1.0.9 The payment card data provided by the CLIENT when placing an order on the Site is securely collected via a payment form and then processed by an independent payment service provider. Thus, Easy Diet Plus is not in possession of the CLIENT's payment card data and is therefore exempted, as such, from any special declaration.
1.1 Neither the USER nor Easy Diet Plus shall be liable to the other for any failure to perform any of its obligations as a result of a force majeure event. By express agreement, are also considered between the USER and Easy Diet Plus as an event constituting force majeure, in addition to those usually retained by the case law, the blocking of communications, including telecommunications networks, total or partial strike, lockout, riot, civil unrest, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, any consequence of technological development, not foreseeable by Easy Diet Plus, calling into question the norms and standards of its profession.
WARRANTIES AND EXCLUSION
1.2 To the fullest extent permitted by applicable law, Easy Diet Plus shall only be liable for direct damages resulting from a fault in the delivery of the services directly attributable to Easy Diet Plus. The USER acknowledges and accepts that Easy Diet Plus shall in no event be liable for any indirect and/or incidental damages (including, without limitation, loss of revenue, business interruption, limitation of time, loss of opportunity or any other kind) resulting from the use or inability to use the Site. Easy Diet Plus does not guarantee to the USER that the Site meets all of the USER's requirements or that the Site is permanently available without interruption or error.
1.3 Easy Diet Plus may offer on the Site services marketed by partners under an affiliation contract, to which the T&Cs are not applicable. Consequently, the USER acknowledges and accepts that Easy Diet Plus does not give any guarantee or assume any liability for any direct or indirect damage resulting from the USER's use of a site or orders placed with its partners.
INFORMATION - COMPLAINT
1.4 Any request for information or complaint regarding the use of the Site must be addressed to Easy Diet Plus through the Site by referring to the "Contact" section or by e-mail indicated at the bottom of the T&Cs. The response to the complaint will be made within thirty (30) working days by e-mail or by post. If at the end of this period, the USER does not obtain satisfaction, he has the possibility to make a second request by notification by registered letter with acknowledgement of receipt to the address indicated by email. The processing of his request will not exceed one (1) month from the receipt of the notification. In all correspondence, whether electronic or postal, addressed to Easy Diet Plus, the USER undertakes to mention his full name, denomination, e-mail address, the subject of his request in order to allow his identification and the processing of his requests. Any incomplete request will not be processed by Easy Diet Plus.
The fact that Easy Diet Plus does not at any given time invoke any of the clauses of the TOU and/or tolerates a breach by the USER of any of its obligations referred to in the TOU shall not be interpreted as a waiver by Easy Diet Plus of any subsequent invoking of any of the clauses of the TOU.
The invalidity of one of the clauses of the GCU, in application in particular of a law, a regulation or following a decision of a competent court which has become final, shall not entail the invalidity of the other clauses of the GCU which shall retain their full effect and scope.
The headings of the T&C clauses are for reference purposes only and do not in themselves have any contractual value or special meaning.
The language of the TOU is only in English. The use of any other language on the Site is for information purposes only. In the event of any difficulty of interpretation or contradiction between the English version and a version in another language, only the English version shall prevail.
APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
2.1 The T&Cs are exclusively subject to United Kingdom law.
In the absence of an amicable agreement between Easy Diet Plus and the CLIENT, any dispute will be brought to the attention of the territorially competent court. For CLIENTS who do not have a close link, within the meaning of Article L. 231-1 of the Consumer Code, with the territory of a Member State, any dispute shall fall within the exclusive jurisdiction, in the first instance, of the competent court notwithstanding multiple defendants or warranty claims, conflicts of laws or jurisdictions. The attribution of jurisdiction is general and applies whether it is a main application, an incidental application, an action on the merits or a summary judgment.
2.2 You authorize us to make a one-time debit to your credit card as indicated at the time of your purchase.
2.2.2 Your product will be shipped within 24 hours and will arrive within 3 to 5 business days. If your product does not arrive on time, please call customer service to resolve the delay. We always strive to deliver as quickly as possible, but circumstances beyond our control may occur, such as bad weather, natural disasters or other postal delays, which may prevent the timely arrival of your product. You agree that we are not responsible for such delays.
2.3 Please contact customer service at firstname.lastname@example.org between 8am and 8pm every day for any questions regarding your product, payment or return.
2.4 In the event that the customer's payment is refused, we may automatically try a lower pack (at a reduced price) again immediately and up to 48 hours after the initial invoice.
PRICE AND PAYMENT TERMS (NOTE: WE CANNOT CONFIRM PRICES UNTIL YOUR ORDER HAS BEEN ACCEPTED)
6.4 The prices payable for the Product are those in force at the time of shipment or delivery, unless otherwise expressly agreed. The prices may be indicated on the Site or an order confirmation, but the price in the event of a discrepancy is the price notified to You on Our Acceptance.
6.5 We have the right, at any time prior to our Acceptance, to remove any discount and/or modify prices to reflect increases in costs, including (without limitation) costs of materials, transportation, labour or the increase or collection of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to inform you of any errors in product descriptions or pricing errors before shipping the products. In such a case, if you choose to continue with the order, you acknowledge that the product or service will be provided in accordance with the revised description or corrected price.
6.6 The list of places that we deliver is indicated on the Site ("Territory"). Unless otherwise indicated, the prices indicated are: excluding shipping or transport costs to the agreed place of delivery within the Territory (the costs of which are indicated on the Site); and excluding VAT and other taxes or duties which (if any) must be added to the price to be paid.
6.7 You agree to pay the taxes, shipping or transportation costs of the Products as specified by Us on the Site when You submit Your order form. Payment will be made before delivery and according to the terms indicated on the Site.
6.8 Unless otherwise expressly provided in these Conditions or on the Site, payment may be made in full, notwithstanding any claim for incomplete delivery or defects.
6.9 We will charge credit or debit cards at the time of shipment of the Product or commencement of the Services. We reserve the right to check credit or debit card payments before acceptance.
6.10 If, at any time, you do not pay the amount due on the due date, or if we are unable to collect the payment due due due to a lack of funds or a cancelled credit card, we may, by notice, declare all amounts unpaid on that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also sue you for the price of the products at any time after payment has become due, even if ownership of the products has not yet been transferred to you.
7.1 If You commit an act of bankruptcy or an act of arrangement with your creditors or a court order is made against You or You take or suffer a similar action as a result of a debt or We have reason to believe that You are unable to pay Your debts when they become due; or You do not pay any amount on the due date or do not comply with any of these Conditions, then, without prejudice to our other rights, we may:
7.1.1 Stop any product in transit; and/or
7.1.2 Suspend further deliveries of products; and/or
7.1.3 Stop or suspend the provision of services; and/or
7.1.4 By written notice, terminate Your order and all other contracts between You and Us.
DELIVERY AND RISKS
8.1 The delivery times/dates specified on the Site, in any acknowledgement of receipt of order, acceptance or elsewhere are estimates only. Although we strive to meet these deadlines or dates, we do not commit to ship the products and/or start the services on a particular date or dates and we are not responsible to you for any delay or failure to do so. IF OUR PRODUCTS DO NOT ARRIVE WITHIN THE ESTIMATED DELIVERY TIME OF 2 TO 5 WORKING DAYS, PLEASE CONTACT OUR CUSTOMER SERVICE AND INFORM THEM.
8.2 Delivery must be made to a valid address in the Territory you have provided and subject to acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us promptly of any errors or omissions. We reserve the right to charge you additional fees for any changes you make to the delivery address after placing an order.
8.3 If you refuse or do not take delivery of the products supplied in accordance with these conditions, any risk of loss or damage to the products will nevertheless be transferred and without prejudice to any other right or remedy available to us:
8.3.1 We are entitled to demand immediate and full payment for the Products or Services delivered and to make delivery by any means we deem appropriate or to store the Products at your own risk;
8.3.2 You shall pay upon request all storage costs for the Product and any additional costs incurred as a result of such refusal or failure to take delivery;
8.3.3 We have the right, 30 days after the agreed delivery date, to dispose of the products in such manner as we deem appropriate and to deduct the proceeds of the sale from any amount due by you.
8.4 8.4 Except to the extent strictly required by the mandatory rights You have as a consumer under applicable law, You do not have the right to refuse the Products in whole or in part due to non-conforming delivery and You must pay in full notwithstanding non-conforming delivery or non-delivery, unless You notify us in writing of any claim within 7 days of the later of the dates of receipt of the invoice or delivery, after which You must pay for the quantity actually delivered.
8.5 In the event that We deliver the Products in instalments, each instalment constitutes a separate agreement and any failure to provide one or more instalments shall not entitle You to terminate the agreement as a whole or to cancel any subsequent instalment.
8.6 Except as otherwise provided in these Conditions, the risk of loss or damage to the Products shall pass to You upon delivery or upon taking possession of You or any carrier or transport provided by You, whichever occurs first.
8.7 Tracking number will be provided once your order has been shipped. The customer will be able to track the order using the tracking number. All of the orders are shipped using UPS and may take 7-14 days.
REJECTION, DAMAGE OR LOSS DURING TRANSPORT
9.1 Except as provided above and subject to the rights You have under applicable law which cannot be excluded or limited by these Terms:
9.1.1 We cannot be held liable and You have no right to refuse Products or Services, except with respect to: (a) damage or loss of the Products or any part of the Products in transit (when the Products are transported by Our own means of transport or by a carrier on Our behalf) when notified to us within 5 working days of receipt of the Products; (b) defects in the Products (which are not defects caused by any act, negligence or defect on your part) notified in writing within 30 days of receipt of the Products; and (c) improper performance of the Services (which are not defects caused by any act, negligence or defect on Your part) when notified in writing to Us within 5 days of the discovery of such apparent defects.
9.1.2 We shall not be liable for any damage or loss arising from the use of the Products in connection with other defective or unsuitable Products, Your negligence, improper use or in a manner inconsistent with the manufacturer's specifications or instructions.
9.1.3 In the event of a shortage or failure to deliver, defect or damage to a Product or Service, We may, at our option: (a) (in the case of a shortage or non-delivery) remedy such a shortage or non-delivery; and/or (b) in the case of a failure or defective performance of a service, remedy such failure or defective performance; and/or (c) in the case of damage or one or more defects in the product and in accordance with any applicable return policy: (i) replace or repair the Product upon return of the Product; or (ii) refund the price paid for any Product found to be damaged or defective.
LIMITATION OF LIABILITY
10.1 TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW, WHETHER OR NOT WE ARE AWARE OF OR INFORMED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED FOR HEREIN FAIL IN THEIR ESSENTIAL PURPOSE (1) OUR OVERALL LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL EVENT) SHALL IN NO EVENT EXCEED THE COST OF THE PRODUCTS ORDERED AND WHICH ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUES OR COVERAGE COSTS.
10.2 Easy Diet Plus, in its sole discretion, is not liable for any unforeseen event or unavoidable or uncontrollable accident beyond the control of either party that prevents us from fulfilling our obligations under the contract.
THIRD PARTY RIGHTS
11.1 You shall indemnify Us for all liabilities, claims and costs incurred by or against Us as a direct or indirect result of the performance of the Services or any work on or with the Products where this has been done in accordance with Your specific requirements or specifications (or those of Your representative) causing a violation or alleged violation of any property rights of a third party.
11.2 To the fullest extent permitted by law, we shall not be liable to You if the Products or Services infringe or are alleged to infringe the property rights of a third party. In the event that the Products are or may be the subject of a patent, copyright, database right, registered design, trademark or other third party rights, you must refer to the relevant terms and conditions of the manufacturer of the Product and/or the licensor/owner. We are required to transfer to You only the rights or securities we own
WARRANTY "AS IS" IN GENERAL - WITHOUT TAKING INTO ACCOUNT THE SEPARATE WARRANTY STATEMENTS FIXED BY THE MANUFACTURER WITH THE PRODUCTS.
12.1 All Product features, illustrations, plans, specifications, dimensions, performance data and other information on the Site or made available by Us are intended to represent only a general illustration of the Products and do not constitute a warranty or representation on our part that the Products will comply with them. You must refer to the manufacturer's specifications or warranty documentation to determine Your rights and remedies in this regard.
12.2 You will be covered by the manufacturer's, licensor's or supplier's warranty with the products supplied and you must refer to the relevant documentation provided with the product in this regard.
12.3 Your rights to repair or replace any Product or any defective part or parts will be (unless otherwise agreed) cancelled or rendered null and void:
12.3.1 The products have been repaired or modified by persons other than the manufacturer, Us or any authorized dealer; and/or
12.3.2 the defective Product or Products have not been returned with full details in writing of the alleged defects within 30 days of the date on which such Products were delivered; and/or
12.3.3 Defects are due (in whole or in part) to improper treatment, use, storage or maintenance or improper installation, or failure to comply with the manufacturer's instructions or other instructions issued or made available by Us in connection with the Products delivered.
12.4 UNLESS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE TERMS AND CONDITIONS SET OUT YOUR SOLE AND EXCLUSIVE REMEDIES.
- AUTHORIZATIONS, CUSTOMS & EXPORT DUTIES
13.1 If a license or consent of a government or other authority is required for the acquisition, transport or use of the Products by You, You must obtain such license or consent at Your own expense and, if necessary, provide us with evidence upon request. Otherwise, You may not suspend or delay payment of the price. You must assume all additional costs incurred by us as a result of such failure.
13.2 Products licensed to you or sold to you under these Conditions may be subustKect to export control laws and regulations in the Territory or any other relevant jurisdiction where you take delivery of or use them. You will be responsible for compliance with these laws and will not do anything to violate them.
13.3 From a certain value, items entering the European Economic Area (EEA) from outside may be subject to customs duties (for example, when the costs exceed your personal import quota). You may be subject to customs duties, import duties and taxes, levied when the Product reaches your specified destination. All such additional costs for customs clearance or import duties or taxes must be borne by You, since We have no control over what these costs are. For more information on policies or customs duties, contact the local customs office in the jurisdiction concerned.
14.1 Any notice or other communication in connection with Our contract may be given by delivering it by hand, prepaid mail, fax or e-mail to the last address and contact that one party has notified in writing to the other. It will also be the address for the service of judicial proceedings in accordance with the procedures provided for by law. With the exception of the above concerning the cancellation of consumer orders, such notices or communications (when properly addressed) will be considered as received:
14.1.1 With respect to personal delivery, on the date of delivery to the relevant address (or, if not a business date, on the first following business date);
14.1.2 If mailed, 5 business days after the date of shipment;
14.1.4 If sent by e-mail, on the earliest of the following dates: (i) electronic mail for which the recipient acknowledges receipt; (ii) receipt by the sender of an automated message indicating that delivery has been successfully completed or that the electronic mail has been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received a notice of transmission failure.