Terms of Sales

Between Novoma Company, located at 3, avenue Bernard Maris 31400 Toulouse (FRANCE), with a Share Capital of €20,000, registered in the TOULOUSE Trade and Companies Register under SIRET number 84490982000053, represented by Messrs. Lucas PINOS and Alexandre GARNIER as co-managers, duly authorized for the purposes hereof.

Hereinafter the “Seller” or the “Company”.

On the one hand,

And the natural or legal person purchasing products from the company, hereinafter, “the Buyer”, or “the Customer”.

On the other hand,

It was stated and agreed as follows:

Article 1. Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of products offered by the Seller on the website www.novoma.com. The list and description of the goods offered by the Company can be consulted on the aforementioned website.

Article 2. General provisions

These General Terms and Conditions of Sale (GTC) govern the sales of Products made through the Company's website, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.

The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable T&Cs are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order.

The Customer declares that he/she has read all of these General Terms and Conditions and accepts them without restriction or reservation, as soon as he/she clicks on the “Proceed to payment” button on the Shopping Cart page.

The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs. The Customer declares and guarantees that he has the legal capacity and is authorized to enter into these General Terms and Conditions.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3. Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically:

• He is informed about the essential characteristics of the Product;
• He chooses the Product, and where applicable, its options;
• He indicates his essential contact details (name, first name, title, email address, postal address, telephone number);
• He accepts the T&Cs; - He checks the elements of the order and, if necessary, corrects any errors or cancels his order;
• He proceeds, following the instructions provided, to pay for the products in order to confirm his order and be bound to the Seller by a contract;
• The Customer will receive confirmation by email of payment of the order. The language proposed for the conclusion of the contract is French.

The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1379 of the Civil Code. This information may be produced as proof of the contract.

The Customer agrees to receive an electronic invoice as an accounting document relating to the order placed.

For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 4. Products

The essential characteristics of the goods and their respective prices are made available to the Buyer on the Company's website, as are, where applicable, the method of use of the product.

In accordance with Article L.112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or by any other appropriate process, of the prices and specific conditions of the sale before any conclusion of the sales contract.

In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in force indicated on the day of the order, this one does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order.

The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the sending of the products is not carried out immediately, clear information is given on the product presentation page regarding the delivery dates of the products.

The Customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of this sale.

The Seller undertakes to honour the Customer's order within the limit of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.

The contractual information is presented in detail and in French.

The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products. Unless special conditions apply, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

Article 5. Subscription

The Customer may purchase a Novoma product by subscription in order to receive it at the frequency that suits him. The subscription begins on the day it is subscribed by the Customer. The frequency of the subscription is chosen by the Customer at the time of his first order.

The products covered by the subscription will be delivered to the home according to the frequency chosen by the Customer when placing their first order, from date to date in relation to the day of the initial subscription.

The termination of the subscription is done from the Customer's Novoma user account and must be done at the latest 3 days before the end of the current subscription period, i.e. before the next delivery. Without this termination, the subscription is tacitly renewed. In the event of termination of the subscription by Novoma, the notification to the Customer is made by email.

If the Customer wishes to cancel his subscription when the product concerned has already been delivered, he must return the product intact at his own expense to the following address:

Novoma – Returns
3, avenue Bernard Maris
31400 Toulouse
FRANCE

Novoma reserves the right to refuse the return and refund of products if they have been opened or damaged. Upon receipt of the products, the last expired subscription period will be refunded by Novoma within 7 days.

Article 6. Guarantees

In accordance with Article L.411-1 of the Consumer Code, the products offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection.

Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects in the product.

In accordance with Article L.217-3 of the Consumer Code, the Seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging or conditioning when this has been placed on him by the contract or has been carried out under his responsibility.

In accordance with Article 1641 of the Civil Code, the Seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

The Seller will refund or exchange defective products.

Refund can be requested by email to hello@novoma.com.

Article 7. Retention of title clause

The products remain the property of the Company until full payment of the order.

Article 8. Delivery terms

The products are delivered to the delivery address that was indicated when ordering and within the time indicated. These times do not take into account the order preparation time.

The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure order tracking.

In accordance with Article L.216-6 of the Consumer Code, in the event of a delay in delivery, the Customer has the option of resolving the contract if, after having formally notified the Company to deliver the goods within a reasonable additional period, the latter has not complied within this period. The contract is considered terminated upon receipt by the Company of the letter or written information of this resolution, unless the Company has complied in the meantime.

The Seller will then reimburse all sums paid by the Customer, at the latest within fourteen (14) days following the date on which the contract was terminated.

The Seller reminds that at the time the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product. Upon receipt of the package, the Customer has twenty-four (24) hours to notify Novoma of the absence of one or more items in his order. After this period, no complaints will be taken into account.

The country "France" in the drop-down list in the shopping cart validation form refers to metropolitan France. The French overseas departments and regions and overseas communities are subject to a specific delivery price list. The Customer must choose the DROM or COM corresponding to the delivery address in the aforementioned list. Novoma reserves the right to cancel any order that deviates from this rule.

Article 9. Availability and presentation

In the event that an item is unavailable for a period exceeding seven (7) working days, the Customer will be immediately notified of the expected delivery times and the order for this item may be cancelled upon simple request. The Customer may then request a credit for the amount of the item or a full refund and cancellation of the order.

Article 10. Prices

In return for the products delivered by the Seller to the Customer, the latter pays the price of the products in accordance with the terms and conditions of these General Terms and Conditions.

The price of the products is that displayed on our site, except in the case of obvious errors.

The prices of the products sold through the website are indicated in Euros including taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs.

For all products shipped outside the European Union and/or DROM-COM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future.

The price of the various delivery services offered to you are displayed on our site on the payment page (this price is included in the total amount of your order).

Article 11. Payment

Payment is due immediately upon ordering, including for pre-ordered products.

The Customer can pay by credit card, via Paypal, via Apple Pay, by bank check or by bank transfer. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, Visa or American Express).

Secure online payment by bank card is carried out by different payment providers:

• For the payment of single purchase orders (without subscription) by bank card, AMEX card and via Apple Pay, the payment service provider Mollie, whose general conditions, which the Customer hereby declares to accept, are accessible at the following location: https://www.mollie.com/fr/user-agreement;
• For the payment of subscriptions, the payment service provider Stripe, whose general and specific conditions, which the Customer hereby declares to accept, are accessible at the following links: https://stripe.com/en-ie/connect-account/legal and https://stripe.com/payment-terms/legal;
• For the payment of a product three times (3x) without fees, from sixty euros (€60) of purchase and valid in Metropolitan France (excluding DROM-COM) as well as in the Netherlands, Belgium, Germany, Austria, Finland, Sweden, Denmark and Norway, the payment service provider Klarna whose general conditions and confidentiality policy, which the Customer hereby declares to accept, are accessible at the following link: https://www.klarna.com/fr/legal/;
• For the payment of single purchase orders (without subscription) valid only in Belgium, the Netherlands and Luxembourg, the payment service provider Bancontact, whose general terms and conditions and confidentiality policy, which the Customer hereby declares to accept, are accessible at the following link: https://www.payconiq.be/fr/declaration-de-confidentialite-et-conditions-generales.

These payment solutions offer maximum security: no data passes through the Company's servers, and all transactions are secure. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information.

In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated.

The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated by operation of law and the order cancelled.

Article 12. Sponsorship

The Customer may sponsor any person of their choice in order to provide them with an advantage when placing their first order according to the terms and conditions indicated on the site. The sponsoring Customer receives an advantage to use when placing their next order as soon as the sponsored person confirms their first order.

Article 13. Obligations of the parties

The Parties undertake to communicate to each other all information and documents in their possession, or to facilitate their consultation by the other Party, to the extent that these are necessary for the execution of the Contract.

The Parties undertake to collaborate actively and cooperate in good faith within the framework of this Agreement and to facilitate its execution.

In general, the Seller is subject to an obligation of information with regard to the Customer. The Seller is subject to an obligation of means concerning all obligations resulting from the Contract, it being specified that this condition is essential and determining the consent to conclude the Contract.

The Seller undertakes to:

• Collect from the Client all information necessary for the proper execution of the Contract;
• Implement the means necessary for the proper execution of the Contract in accordance with these General Terms and Conditions.

Throughout the duration of the Contract, the Client undertakes to:

• Comply with all obligations imposed on it by the Contract;
• Be proactive with respect to the Seller, in particular by communicating to it all documents, information and data which are or should be in its possession and which could be necessary for the execution of the Contract;
• Comply with the payment terms as set out in these T&Cs.

Article 14. Liability of the Seller

Under no circumstances may the Seller be held liable, directly or indirectly, for damages resulting (i) from the actions of the Customer, (ii) from the actions of a third party or (iii) from an event constituting force majeure.

The Seller will take all possible care and comply with the rules of the art and the applicable regulations for the execution of the Contract.

The Seller's liability to the Customer is expressly limited to serious faults, not remedied in the context of the execution of its contractual obligations as described in this Contract and its possible amendments. If within twenty (20) working days following the Customer's complaint addressed to the Seller by registered letter with acknowledgement of receipt within seven (7) days following the occurrence of the serious fault alleged, the Seller has not remedied the alleged breach of its obligations, the Customer could rely on a fault to be proven with regard to the Seller.

Where applicable, only the direct, certain, manifest, current and foreseeable damage of the Customer could be compensated. Under no circumstances may the Seller be held liable for indirect, uncertain and/or not manifestly foreseeable damage, in particular for loss of customers, turnover, loss of earnings, increase in costs.

Where applicable, the Seller's liability shall be limited, all sums combined, to the amount excluding tax paid by the Customer. Penalties paid elsewhere by the Seller shall be deducted from the amount of this compensation.

Subject to the foregoing, it is expressly agreed that the Seller may not be held liable or called into question, directly or indirectly, by the Customer, for damages, foreseeable or not – whatever their origins or consequences – likely to result, directly or indirectly, in particular:

• Any malfunction or lack of delivery of emails sent by the Client to the Service Provider;
• A case of force majeure preventing the Seller from performing all or part of the Contract.

Article 15. Customer Liability

The Customer is solely responsible for the choice of products that he has approved by confirming his order.

The Customer acknowledges that they are solely responsible for the safekeeping and use of the product after delivery and may not in any way seek liability from the Seller in this regard.

The Customer is informed that he does not have a right of withdrawal on the products if, in accordance with the provisions set out in Article L.221-28 of the Consumer Code:

• The contract relates to the supply of goods liable to deteriorate or expire rapidly;
• The contract concerns the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Apart from these legal exceptions, and in accordance with the provisions of Article L.221-18 of the Consumer Code, the Buyer has a withdrawal period of fourteen (14) clear days to exercise his right of withdrawal from the date of receipt of his order. The Buyer informs the Company of the exercise of his right of withdrawal by email to hello@novoma.com before the expiry of the period using the model form reproduced below or any other declaration, free of ambiguity, expressing his desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.

Product returns must be made in their original condition and complete (unopened products); if possible, they must be accompanied by a copy of the proof of purchase.

The Customer wishing to withdraw from the Contract must complete and send this form to be downloaded here .

Article 17. Complaints and mediation

In the event of a dispute or complaint, the Customer is recommended to contact the company as a priority by email at hello@novoma.com to seek an amicable solution.

In accordance with the provisions of Article L.612-1 of the Consumer Code, the consumer is informed that he has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between him and the Company.

The Company adheres to the mediation service of (Insert mediator's contact details here) which the Client has the possibility of contacting after having sought an amicable resolution directly with the Client.

In the event of a dispute, if no amicable solution is found within thirty (30) days, the competent French court will be that of the place of domicile of the defendant (or, at the choice of the plaintiff, the place of actual delivery of the products).

Article 18. Termination of the contract

The order may be cancelled by the Buyer by registered letter with acknowledgement of receipt in the following cases:

• delivery of a product that does not conform to the characteristics of the order;
• delivery exceeding the deadline set when ordering or, failing a date, within thirty (30) days following payment;
• unjustified price increase or product modification.

Article 19. Intellectual Property Rights

The brands, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these General Terms and Conditions.

Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 20. Force majeure

Neither Party shall be liable for the total or partial non-performance of its obligations caused by an event constituting force majeure within the meaning of the Applicable Regulations.

The Party invoking an event constituting force majeure must notify the other Party within three (3) calendar days following the occurrence of this event. It will make every effort to limit its scope.

The execution of this Contract will resume its normal course as soon as the event constituting force majeure has ceased. If the suspension of the Contract were to exceed three (3) months, each Party may terminate this Contract after notifying the other Party by registered letter with acknowledgment of receipt.

Article 21. Nullity and modification of the contract

If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties.

Any contractual modification is only valid after written agreement signed by the parties.

Article 22. Protection of personal data

As part of its activity, the Seller is required to process information concerning Customers, some of which is likely to identify them.

Information relating to the processing of this personal data, carried out in accordance with the provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 (Data Protection Act), can be found in the Privacy Policy.

By using the Novoma website, Customers consent to the Seller collecting and using this personal data in accordance with the terms of the Privacy Policy.

Article 23. Applicable law and clauses

All clauses contained in these General Terms and Conditions, as well as all purchase and sale transactions referred to therein, will be subject to French law.

The invalidity of a contractual clause does not entail the invalidity of these General Terms and Conditions.

Article 24. Consumer information

For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code:

"The Seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article L.217-3 of the Consumer Code:

"The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

[...]

The seller is also liable, during the same time periods, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

Article L.217-4 of the Consumer Code:

“The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L.217-5 of the Consumer Code:

“I. -In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:1

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

[...]

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

[...]

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II. -However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or

3° That the public statements could not have had any influence on the purchasing decision.

III. - The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Article 25. Warning on the use of food supplements

The Seller only makes dietary supplements available. All documents or experimental reports on this site have a purely informative function and do not replace prior consultation with a doctor.

All nutritional and health claims are made in accordance with the recommendations of the European Food Safety Authority (EFSA).

Excessive consumption of food supplements can cause side effects. Any form of self-medication is the sole responsibility of the consumer and must be part of medical support that takes into account the needs and metabolism of each individual.

The products on this site are food supplements, not medicines, and are therefore in no way a substitute for a healthy and balanced diet. Our products are not intended to prevent, prevent or treat any disease.

The information presented on this site is not intended to be consumerist, is intended to be objective but may be incomplete and incomplete. We therefore invite you to educate yourself on the food supplements sold on this site.

The Seller disclaims any liability for the consequences of self-medication practices. The website www.novoma.com has no medical vocation and therefore cannot provide any advice regarding the curative consumption of food supplements.

Date of last update of the T&Cs: 13/12/2023