Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 – PURPOSE – SCOPE

These general terms and conditions of sale include the terms of use of the website www.cho-nature.com (hereinafter referred to as "the Site") as well as the general terms and conditions of sale of the products sold by CHO Nature (hereinafter referred to as "the Products") to the Client via the Site (hereinafter referred to as "the Terms").

Before using the Site, the Client is required to carefully read these Terms. By using the Site or placing an order on it, the Client agrees, unless proven otherwise, to be bound by these Terms.

These general terms and conditions apply to all contractual relationships between CHO Nature and its clients, hereinafter referred to as "the Clients" or "the Client".

ARTICLE 2 – COMMERCIAL NAME – CONTACT INFORMATION

The sale of the Products is conducted under the commercial name "CHO Nature" by C-H-O SAS, whose registered office is located at lot 108 avenue de la quiéra 06370 Mouans Sartoux (France), registered with the RCS of Cannes under number 511 230 815.

The Client can contact CHO Nature either at the above-mentioned address or at the following email address: contact@cho-nature.com.

ARTICLE 3 – ACCESS TO THE SITE – REGISTRATION

Access to the homepage of the Site and its content is free, and no prior account creation is required. Orders for Products on the Site can be placed either by creating an account on the Site beforehand or as a guest, without the need to create an account.

Creating an account on the Site as a Client implies that the Client has previously read and unreservedly accepted these Terms.

The Terms include the conditions for using the Site and selling the Products by CHO Nature. Before validating the creation of their account, the Client will be asked to confirm that they have indeed read and accepted these Terms, unless proven otherwise.

CHO Nature may modify and adapt these Terms at any time in order to:

a) comply with the legislative or regulatory provisions in force or under adoption to which it is subject; b) comply with any decision rendered by a judicial or arbitral authority, or issued by any other competent authority whose decisions are binding on it; c) correct any material error.

The applicable Terms will be those in effect at the time of the use of the Site or the conclusion of the Contract.

Without prejudice to applicable legislative and regulatory rules, CHO Nature will notify any modification and/or adaptation of the Terms or any other rule related to the use of the Site through a message sent to Clients via the Site no later than fifteen days before the modification or adaptation takes effect.

This notification will be supplemented, if the adaptation or modification CHO Nature intends to make results in a substantial change to the Clients' obligations or has a significant impact on the operation of the Site, by an email sent to the Clients at the email address provided during their registration.

If the Client does not wish to agree to the changes made, they remain free to request the deletion of their account on the Site by sending a request to the address contact@cho-nature.com.

ARTICLE 4 – USER/CLIENT OBLIGATIONS

Every Client and every user of the Site agrees to:

• be of legal age or a minor with parental consent;
• provide accurate information when creating their account on the Site;
• create and maintain only one account on the Site;
• not use the Site and/or their account on the Site fraudulently or for fraudulent purposes;
• comply with applicable legislation and regulations.

Every Client and every user agrees to communicate and use data that:

• are accurate, meaning not misleading or erroneous;
• are not contrary to public order or good morals;
• do not contain viruses, programs, or computer files that could (i) disrupt the normal functioning of the Site, (ii) cause damage to the computer hardware of CHO Nature, other Clients, or internet users in general, thereby causing harm to these individuals;
• do not provide links to other websites or applications that offer services similar to those provided by CHO Nature.

Clients will ensure the confidentiality of their username and password. They will constantly update the information concerning them on their account.

ARTICLE 5 – RESTRICTION OF ACCESS TO THE SITE

CHO Nature reserves the right to deny access to all or part of the Site to any internet user or Client who, without this list being exhaustive:

• violates these Terms;
• harms the reputation of the Site or CHO Nature in any way;
• infringes on the intellectual property rights of third parties or CHO Nature;
• uses the Site for unlawful, offensive, racist, indecent, threatening, or fraudulent purposes.

CHO Nature also reserves the right to take legal action against such individuals and seek compensation for any damage caused to it on this occasion.

ARTICLE 6 – PRODUCT AVAILABILITY

All orders for Products are subject to the availability of these Products.

If the Products are out of stock after the Client places the order, CHO Nature will inform the Client as soon as possible and, if payment has already been made, CHO Nature will refund this payment to the Client using the same payment method that the Client used for the payment.

ARTICLE 7 – PRICE - PAYMENT

The prices are listed in euros, including VAT but excluding any potential customs fees, which remain the responsibility of the Client. The Client is obliged to inquire about any possible customs fees.

The prices are those indicated on the Site in the product description sheet, except in the case of a manifest error.

If CHO Nature detects an error in the price of the Product(s) ordered, it will inform the Client as soon as possible and offer them the option to either confirm their order at the correct price or cancel it. If CHO Nature is unable to obtain a response from the Client regarding the proposed alternative within eight calendar days, it will cancel the order and proceed to refund the amount paid.

The prices do not include delivery charges. These are specified in Article 9.

Payment is made exclusively by credit card. The accepted credit cards are: CB, Visa, Mastercard.

ARTICLE 8 – PLACING AN ORDER

To place an order for Products sold by CHO Nature on the Site, the Client must log in to the Site, select the Products they wish to purchase, and place them in their shopping cart.

The Client can then either log in to their account or log in as a guest to proceed with the order.

The total order amount, including all taxes and delivery charges, is summarized in an order summary, and the Client is then invited to confirm their willingness to pay the order in accordance with the means provided for this purpose and mentioned in Article 7. They must also accept the Terms and Conditions.

Once the payment is made, the Client receives confirmation of their order by email.

ARTICLE 9 – DELIVERY

After the Client confirms the order and provided that the full price and delivery fees are paid, CHO Nature will prepare the order.

The shipment will be made within a maximum of two working days from the date of the order to the delivery address provided in the order.

The Client's attention is drawn to the fact that a temporary surplus of orders may cause a slight delay in delivery.

CHO Nature offers several delivery methods, at the applicable rates at the time of the Contract's conclusion. These delivery methods include: home delivery or delivery to a pickup point.

Without prejudice to the provisions regarding the availability of Products, CHO Nature will make every effort to fulfill the Client's order within the time indicated above and, in any case, within a maximum of thirty days from the date of order confirmation.

If CHO Nature is unable to meet the delivery date for any reason, it will inform the Client as soon as possible and offer them either to continue the Contract with a new delivery date or to terminate the Contract and refund the amounts paid by the Client.

CHO Nature will carefully package the ordered Products. The Client is invited to ensure, upon delivery, that the order is intact and complete in the presence of the delivery person to make a reservation if necessary. If the Client has any doubts about the intactness and completeness of the order, they must refuse the delivery and return the rejected order to the carrier in its original packaging.

The "delivery" will be considered as having been made, or the order will be considered as having been "delivered," when the Client or a third party designated by them takes physical possession of the Products.

ARTICLE 10 – RETENTION OF TITLE

The Products sold remain the property of CHO Nature until full payment of the price and delivery charges.

ARTICLE 11 – TRANSFER OF RISK

The risks related to the Products are transferred to the Client when the Client or a third party designated by them and other than the carrier takes physical possession of the Products.

ARTICLE 12 – RIGHT OF WITHDRAWAL

Legal Right of Withdrawal

The Client has the right to withdraw from the Contract without giving any reason within fourteen days.

The withdrawal period expires fourteen days after the day on which the Client, or a third party other than the carrier and designated by the Client, takes physical possession of the Product sold.

To exercise the right of withdrawal, the Client must notify CHO Nature of their decision to withdraw from the Contract by means of a clear statement (e.g., a letter sent by post, fax, or email).

To meet the withdrawal deadline, it is sufficient for the Client to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

In the event of withdrawal, CHO Nature will refund all payments received from the Client (except for any additional delivery costs arising if the Client chose a delivery method other than the least expensive standard delivery offered) without undue delay and, in any case, no later than fourteen days from the day it was informed of the Client's decision to withdraw. CHO Nature will carry out the refund using the same payment method used by the Client for the initial transaction unless expressly agreed otherwise. In any case, this refund will not incur any costs for the Client.

CHO Nature reserves the right to delay the refund until it has received the Product(s).

The Client must return the Product(s) to CHO Nature at the address mentioned in Article 2, either in a physical store or at a pickup point, without undue delay and, in any case, no later than fourteen days after they have communicated their decision to withdraw. This deadline is considered met if the Product is returned before the fourteen-day period has expired.

The direct return costs are borne by the Client.

The Client will not be entitled to any refund if the delivered Product has been used, is not in the same condition as at the time of delivery (in the original packaging, with the security tag intact), or has been damaged. However, they will be entitled to a refund if the depreciation of the Products results from necessary handling to ascertain the nature, quality, and functioning of the Products.

To be entitled to a refund, the Client must return the Products in their original packaging and include any documents that accompanied these Products and, if applicable, the order summary provided during delivery and the return document.

The return of Products does not allow for an exchange for another Product(s). If applicable, the Client must place a new order on the Site.

ARTICLE 13 – WARRANTY FOR CONSUMER GOODS

In accordance with Articles 1649bis to 1649octies of the Civil Code, CHO Nature is responsible for any lack of conformity that exists at the time of delivery of the Product and that appears within two years from delivery.

However, the defect will be deemed nonexistent if, at the time of the contract's conclusion, the Client knew or could reasonably have known about the lack of conformity or if the lack of conformity is attributable to the Client.

It is agreed that the Client must notify CHO Nature of any lack of conformity in writing within a maximum of two months from the day they discovered the defect. Failure to do so will result in the loss of the Client's rights regarding the lack of conformity.

ARTICLE 14 – LIABILITY

Site Management and Use

CHO Nature will strive to make its Site accessible to Clients and, more generally, to internet users, continuously and without interruption. However, CHO Nature reserves the right, at any time and without notice, to interrupt access to the Site, particularly for technical reasons, and therefore to suspend its services.

Except in the case of willful misconduct or gross negligence on its part, or, apart from force majeure, failure to perform an obligation constituting one of the main services of the contract, CHO Nature cannot be held responsible for any potential harmful consequences (e.g., loss of opportunity, loss of time, loss of profits, etc.) that may result from these interruptions.

Except in cases of willful misconduct, gross negligence, or, apart from force majeure, failure to perform an obligation constituting one of the main services of the contract, CHO Nature disclaims any responsibility for errors, omissions, or inaccuracies in the information provided on the Site. Additionally, if the Site contains hypertext links to content from third parties, CHO Nature cannot guarantee the quality or accuracy of such content and cannot be considered as endorsing it.

CHO Nature is not responsible for the management of Clients' login credentials and passwords, nor for the management of their accounts.

Limitation of Liability

CHO Nature's liability cannot, except in cases of willful misconduct, gross negligence, or, apart from force majeure, failure to perform an obligation constituting one of the main services of the contract, be engaged.

The choice and purchase of a product or service are the sole responsibility of the Client. The total or partial inability to use the products due to hardware incompatibility or an error on the part of the client in choosing the type of product or its content cannot give rise to any compensation, refund, or liability on the part of CHO Nature, except in the case of a proven hidden defect, non-conformity, defect, or exercise of the right of withdrawal as envisaged in the previous articles.

ARTICLE 15 – FORCE MAJEURE - UNFORESEEN CIRCUMSTANCES

CHO Nature will not be held responsible for the non-performance or delay in performance of any of its obligations when such non-performance is due to a force majeure event as understood by French courts and tribunals.

For the application of this clause, force majeure events or fortuitous events include, but are not limited to, fires, natural disasters and exceptional weather events, labor disputes at its subcontractors and suppliers, exceptional difficulties and impossibilities in using transportation means and channels, orders or commands from French, European, or foreign public authorities, changes in French, European, or foreign regulations, accidents affecting the production and storage of products, total or partial supply stoppages, carrier failure, epidemics and pandemics, machine breakdowns, war, acts of third parties, or any external event likely to delay or prevent the fulfillment of commitments made...

ARTICLE 16 - INTELLECTUAL PROPERTY RIGHTS

All content on the Site, including graphics, logos, buttons, images, HTML code, databases, and icons—except for advertisements and proper names—is the intellectual property of CHO Nature and is protected. CHO Nature may prohibit the extraction and/or reuse of all or a substantial part of the content of this Site, whether in qualitative or quantitative terms.

Some names, distinctive signs, and logos on the Site are registered trademarks or trade names belonging to CHO Nature or third parties. Any copying, translation, adaptation, modification, or use of any protected elements of the Site, in any form and by any means, is strictly prohibited without the prior written consent of CHO Nature. Any requests in this regard can be sent to contact@cho-nature.com.

All internet users and Clients agree to respect these intellectual property rights and not to copy, reproduce, extract, exploit, or alter, in any form or by any means, the information contained on the Site, including these Conditions. In the absence of prior written consent, CHO Nature does not grant any license in this regard.

ARTICLE 17 - COMMUNICATIONS

Any communication to the Client will be deemed properly made if sent to the email or postal address provided by the Client when concluding the Contract.

ARTICLE 18 - PERSONAL DATA PROTECTION

CHO Nature undertakes not to disclose the information provided by Clients on the site to third parties. This information will be used strictly by CHO Nature to promote the CHO Nature brands and to inform Clients of promotional operations, news, and events related to the two brands.

In accordance with the "Data Protection Act" of January 6, 1978, the Client has the right to access, modify, rectify, and delete data concerning them at any time.

Following the first order, the Client will receive, based on their indicated preferences, information ("Newsletter") related to the products and/or events concerning the CHO-NATURE brands.

The Client can later modify their preferences by clicking on the link located at the bottom of each Newsletter or by visiting the personalized pages of their Client Space by clicking on the "unsubscribe" link.

You can also make a request to our services by mail at the address mentioned in Article 12 or by email via the Contact section of the website www.cho-nature.com.

ARTICLE 19 - WAIVER

No waiver by CHO Nature of any of its rights can be inferred except from an express, certain, and written statement to that effect.

ARTICLE 20 - NULLITY

The nullity of any clause of these Conditions will be limited to the null clause and will not affect the rest of these Conditions.

ARTICLE 21 - APPLICABLE LAW

The use of the Site as well as any Agreement concluded through the Site is governed by French law.

ARTICLE 22 - ONLINE DISPUTE RESOLUTION

In accordance with Article 14 of European Regulation 524/2013 of May 21, 2013, on online consumer dispute resolution, CHO Nature provides the following link to the online dispute resolution platform (ODR): http://ec.europa.eu/odr.

ARTICLE 23 - COMPETENT JURISDICTIONS

Any dispute directly or indirectly related to the use of the Site, the conclusion, execution, or interpretation of Agreements concluded through the Site will fall under the jurisdiction of the courts of Cannes (France).