General Terms and Conditions of Sale
All orders placed by any consumer, as defined in the preliminary article of the Consumer Code (hereinafter referred to as the “Client”), with Laboratoire de Rhumatologie Appliqué (SAS with a capital of €70,000 – RCS LYON 482 062 684, hereinafter referred to as “LABRHA”) and concerning food supplements (hereinafter collectively referred to as “The Products”) are subject to these general conditions.
Unless expressly stated otherwise, they apply regardless of the terms of sale of the Products, whether this occurs on LABRHA’s premises with the simultaneous presence of the Parties, or through any distance selling methods (including orders placed by mail, telephone, fax, internet) or off-premises.
These General Terms and Conditions of Sale apply to the exclusion of all other terms. They are systematically communicated to every Client prior to placing their order and prevail over any other version or contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client’s purchase is that in force on the date the order is placed.
1-Products – Orders
1.1 Products are offered for sale within the limits of available stock.
1.2 Labrha retains ownership of the delivered Products until full payment of invoices and reserves the right to suspend delivery in case of late payment until the debtor’s account is fully settled.
1.3 Labrha reserves the right to refuse an order or demand advance payment in the event of overdue invoices, payment incidents on previous orders, or insolvency.
1.4 The photographs and graphics associated with the items presented by “LABRHA” are not contractual.
LABRHA cannot be held liable in case of discrepancy between these photographs and graphics and the Products actually ordered by the Client.
1.5 For distance sales or off-premises sales (as defined in Article L. 121-16 of the Consumer Code), the sale will only be considered final after written confirmation of the order’s acceptance by LABRHA has been provided by any means.
2-Right of Withdrawal
2.1 In accordance with current legal provisions, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with LABRHA, without having to provide reasons or pay any penalty, for exchange or refund purposes, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the Client’s notification to LABRHA of their decision to withdraw.
2.2 Returns must be made in their original and complete condition (packaging, accessories, manual, etc.) allowing for their resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.
2.3 The right of withdrawal can be exercised online, using the withdrawal form (click here) available on LABRHA’s website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by LABRHA, or any other unambiguous declaration expressing the will to withdraw.
2.4 In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and delivery costs will be reimbursed; the return costs remaining at the Client’s expense.
The exchange (subject to availability) or refund will be made within 14 days from LABRHA’s receipt of the Products returned by the Client under the conditions stipulated in this article.
2.5 The provisions of this Article 2 apply only to distance sales and off-premises sales, as defined in Article L. 121-16 of the Consumer Code, excluding sales made on LABRHA’s premises with the simultaneous presence of both Parties.
3-Prices, Invoicing, and Payment
3.1 The prices listed on the Laboratoire-labrha.fr website are applicable to any non-professional individual.
3.2 Products are supplied at the rates in force (as listed on the laboratoire-labrha.fr website, or available upon request at the contact details indicated in Article 11 below, or communicated during an order placed on LABRHA’s premises) on the day the order is registered by LABRHA.
3.3 Prices are expressed in euros, all taxes included, in addition to the delivery costs mentioned in Article 4 below.
3.4 Invoices are payable upon delivery of the Products, with the exception of the first order, which must be settled before the Products are dispatched.
3.5 Any sum paid in advance is considered a down payment, and in no way as earnest money. Payments made by the Client are only considered final after LABRHA has effectively collected the amounts due.
3.6 Payments can be made by bank transfer, credit card, or bank check. Cash payments are also accepted for orders placed on LABRHA’s premises.
4-Delivery Costs
Delivery costs in metropolitan France, when applicable, are those in force on the day the order is placed, as listed in the pricing conditions at that date (available on the www.laboratoire-labrha.fr website, or upon simple request at the contact details indicated in Article 11 below, or communicated during an order placed on LABRHA’s premises). Unless otherwise indicated, they are borne by the Client. These costs are calculated prior to placing the order and are included separately in the invoice.
Regarding pill dispensers, the flat-rate delivery fee is valid for a maximum shipment of 12 pill dispensers per consignment. Beyond this, Labrha will provide a quote to the Client prior to the order.
In case of delivery outside metropolitan France, the Client is responsible, as the importer, for the payment of all customs duties, taxes, or other fees imposed upon the arrival of the Products.
The payment requested from the Client corresponds to the total amount of the sale, including delivery costs.
5-Delivery Terms
5.1 Delivery consists of the transfer to the Client of physical possession or control of the Products. Where applicable, it may consist of the immediate provision of the Products to the Client when an order is placed on LABRHA’s premises. When the Client has arranged for a carrier themselves, delivery is deemed to have occurred upon LABRHA’s handover of the Products to the carrier, who accepted them without reservation. The Client therefore acknowledges that it is the carrier’s responsibility to effect delivery and has no recourse for warranty against LABRHA in case of delay or failure to deliver the transported goods.
5.2 Except in specific cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.
Labrha endeavors to ensure deliveries in metropolitan France within five working days of order confirmation by its services, to the address indicated by the Client. For deliveries outside metropolitan France, an indicative period not exceeding 30 days is communicated to the Client prior to their order.
However, these deadlines are provided for informational purposes only. If the ordered Products have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the Client’s written request under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of contract termination, excluding any compensation or retention.
5.3 Labrha offers the possibility of express delivery within 48 hours (working days), via Chronopost or other carriers, subject to a supplement mentioned in its pricing conditions. Any additional cost related to a request for a delivery method different from that normally used by Labrha will be re-invoiced to the Client.
The risks of loss and deterioration of the Products are transferred to the Client upon delivery.
6-Product Verification
It is the Client’s responsibility to check the quantity and condition of the Products upon receipt and, in case of damage or shortage, to make customary reservations in writing with the carrier by any means and to inform Labrha within 7 days from receipt (by keeping the invoice and signed delivery note, and by providing all relevant supporting documents). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by LABRHA.
LABRHA will refund or replace, as soon as possible and at its own expense, the delivered Products whose non-conformities or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 211-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).
7-LABRHA’s Liability – Warranty
The Products supplied by LABRHA benefit automatically and without additional payment, in accordance with legal provisions,
– from the legal guarantee of conformity, for Products that are apparently defective, damaged, or do not correspond to the order or immediate purchase (Articles L. 211-4 to 14 of the Consumer Code),
– from the legal guarantee against hidden defects resulting from a material, design, or manufacturing flaw affecting the delivered products and rendering them unfit for use (Articles 1641 et seq. of the Civil Code), under the conditions and according to the procedures provided by law.
To assert their rights, the Client must inform LABRHA, in writing, of the non-conformity of the Products within a maximum period of 7 days from the handover or delivery of the Products or the existence of hidden defects within a maximum period of 2 years from their discovery.
LABRHA will refund or replace Products under warranty deemed non-compliant or defective. In case of delivery, shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 30 days following LABRHA’s ascertainment of the non-conformity or hidden defect.
The refund will be made by credit to the Client’s bank account or by bank check addressed to the Client.
LABRHA’s liability cannot be engaged in the following cases:
– non-compliance with the legislation of the country where the products are delivered, which it is the Client’s responsibility to verify,
– in case of misuse, professional use, negligence, or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.
LABRHA’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
8-Data Protection Guarantee
8.1 Labrha undertakes not to transfer the Client’s personal data or make it available to third parties in any form whatsoever, with the exception of its subcontractors and satisfaction survey providers who will use them on an ad hoc and confidential basis. This data is processed by Labrha in strict compliance with applicable laws and its privacy policy.
8.2 In accordance with the Data Protection Act of January 6, 1978, the Client has a right to access, rectify, and delete personal data concerning them by writing to Labrha at the following address: LABRHA SAS – Personal Data Department – 19 Place Tolozan – 69001 LYON – Telephone: 0 800 732 160
9-Pre-contractual Information – Client Acceptance
The Client acknowledges having received, prior to placing their order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all information and details referred to in Articles L111-1 to L111-7, and in particular:
– the essential characteristics of the Products, taking into account the communication medium used and the Products concerned;
– the price of the Products and ancillary costs (delivery, for example);
– in the absence of immediate execution of the contract, the date or deadline by which LABRHA undertakes to deliver the Products;
– information relating to LABRHA’s identity, its postal, telephone, and electronic contact details, and its activities,
– information relating to legal and contractual guarantees and their implementation procedures;
– the possibility of resorting to conventional mediation in case of dispute;
– information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), return costs for Products, termination procedures, and other important contractual conditions.
The act of an individual (or legal entity) placing an order on LABRHA’s website implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against LABRHA.
10-Applicable Law and Jurisdiction
Any dispute relating to the execution of an order and/or the interpretation of these general conditions is subject to French law. In the event of disputes relating to the interpretation or execution of agreements concluded between the Client and Labrha, the competent Court will be, at the claimant’s choice and in accordance with legal provisions, either that of the defendant’s domicile, or that of the place of effective delivery of the Product(s), or that of the place of performance of the service.
The Client is informed that they may, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission (Article L 534-7 of the Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.
11-Contact Details
– By phone: 0 800 732 160 (toll-free call)
– By mail: LABRHA SAS – 19 place Tolozan – 69001 LYON
– Online: www.laboratoire-labrha.com
In case of payment by bank transfer, LABRHA’s bank details are as follows:
Bank Domiciliation: CREDITCOOP PART DIEU | IBAN: FR76 4255 9100 0008 0020 4409 673 – BIC Code: CCOPFRPPXXX
12-Mediation
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option to submit a request for amicable resolution through mediation, within a period of less than one year from their written complaint to the professional.
This establishment has designated, by membership registered under number 80195/MJ/2212, SAS Médiation Solution as the consumer mediation entity.
To contact the mediator, the consumer must submit their request:
– Either in writing to:
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
– Or by email to: contact@sasmediationsolution-conso.fr
– Or by filling out the online form titled “Contact the Mediator” on the website https://www.sasmediationsolution-conso.fr
Regardless of the method of submission used, the request must imperatively contain:
– The applicant’s postal, telephone, and electronic contact details,
– The name, address, and registration number with Sas Médiation Solution of the professional concerned,
– A brief statement of the facts. The consumer will specify to the mediator what they expect from this mediation and why,
– Copy of the prior complaint,
– all documents required for the examination of the request (purchase order, invoice, proof of payment, etc.)
13- Packaging Recycling
Labrha fulfills its Extended Producer Responsibility (EPR) obligations and is a member of Citeo.
In accordance with Article 62 of the anti-waste law for a circular economy (AGEC law) adopted on February 10, 2020, Labrha has unique identifiers issued by Ademe; for EPR Packaging; FR285158_01MUNT and for EPR Graphic Papers; FR285158_03XKTL.
