1. Purpose and Seller
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) apply exclusively to sales made to consumers, i.e. individuals acting for purposes outside their professional activities, through the website vivaligne.com. Business orders are subject to separate terms and conditions.
VIVALIGNE, a French simplified joint-stock company (SAS) with share capital of €160,000, registered office at 60 impasse Antoine de Saporta, Euromédecine II, 34790 Grabels, France; Montpellier Trade and Companies Register No. 435 117 791; SIRET No. 435 117 791 00051; VAT No. FR38435117791; telephone: +33 (0)4 67 27 09 84; email: contact@vivaligne.com. Packaging Extended Producer Responsibility (EPR) registration number: FR213854_01YUUB.
The applicable Terms and Conditions are those accepted at the time of ordering and provided on a durable medium together with the order confirmation.
2. Products and Availability
The website offers KDerm cosmetic products and food supplements. The essential characteristics, ingredients, quantities, precautions and instructions for use are specified on each product page and/or product label.
Product photographs are for illustrative purposes and do not affect the contractually stated product characteristics. All offers are subject to availability. If a product becomes unavailable after an order has been placed, VIVALIGNE will inform the customer and refund any amounts paid without undue delay.
3. Prices and Promotions
Prices are displayed in euros, inclusive of all applicable taxes (VAT included), excluding delivery charges, which are specified before payment. The price charged is the price confirmed when the order is placed. Advertised discounts comply with applicable regulations concerning reference prices, particularly the lowest price applied during the preceding 30 days, where this rule applies. For deliveries outside the European Union, any applicable import duties and taxes remain the customer’s responsibility, subject to appropriate prior information.
4. Orders
Customers select their products, review and amend their shopping basket, enter their contact and delivery details, choose a payment method, accept these Terms and Conditions, and confirm their order by clicking a button clearly indicating the obligation to pay. An order confirmation email is sent, including an order summary and these Terms and Conditions.
VIVALIGNE may suspend processing or refuse an order for legitimate reasons, including objective indications of fraud, payment issues or quantities clearly inconsistent with personal use. The customer will be informed and any payments improperly collected will be refunded. Contracts with a value of €120 or more are archived for ten years and are available upon request.
5. Payment
Full payment is required when placing an order, using the payment methods offered at checkout: credit or debit card and Apple Pay via Stripe, PayPal, other available local payment methods, or a cheque issued by a French bank. For electronic payments, order preparation begins once payment has been approved. For payments by cheque, preparation begins after the cheque has cleared. If the cheque is not received within 15 days, the order may be cancelled after notifying the customer. Payment card information is processed by payment service providers using their secure systems.
6. Delivery
Orders are delivered by Colissimo to the customer’s address or to a collection point within the delivery areas available at checkout. Delivery charges, estimated delivery times and any free-shipping thresholds are displayed before the order is placed and detailed on the “Delivery & Returns” page. Orders are normally prepared within three working days following payment.
The contractual delivery period is the one specified when the order is placed. If no delivery period is specified, delivery will take place within 30 days at the latest. In the event of a delay, consumers are entitled to the remedies provided under Articles L. 216-6 et seq. of the French Consumer Code. The risk of loss or damage transfers to the customer when the customer, or a third party designated by them, takes physical possession of the products. If an incorrect address is provided or a parcel is not collected due to circumstances attributable to the customer, the actual cost of reshipping may be charged with the customer’s agreement, without affecting their statutory rights.
7. Receipt of Orders and Complaints
Customers are encouraged to report any damaged parcels, missing products or non-conforming items promptly, preferably with photographs, to contact@vivaligne.com. Reporting an issue within 48 hours is recommended but is not a condition for exercising statutory warranty rights. VIVALIGNE handles delivery issues and product non-conformities in accordance with applicable law.
8. Right of Withdrawal and Returns
Consumers have 14 days from receipt of the product (or the final product in the case of multiple deliveries) to exercise their right of withdrawal without having to provide a reason.
The customer must notify VIVALIGNE of their decision before the withdrawal period expires, using the return form, sent by email to contact@vivaligne.com or by post.
Consumers then have 14 days to return the products to: VIVALIGNE –
60 impasse Antoine Saporta Euromédecine II – 34790 Grabels, France. The direct cost of returning products is borne by the consumer. VIVALIGNE will issue a refund within 14 days following receipt of the returned products, using the original payment method.
Under Article L. 221-28, paragraph 5, of the French Consumer Code, the right of withdrawal does not apply to goods that have been unsealed after delivery and cannot be returned for hygiene or health protection reasons. This exception is assessed according to the product’s packaging and nature and does not automatically apply to all opened packaging. Statutory warranties remain applicable, including to opened products.
9. Statutory Warranties
Products sold by VIVALIGNE are covered by the statutory guarantee of conformity (Articles L. 217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
Statutory Guarantee of Conformity
Consumers have two years from delivery of the product to exercise their rights under the statutory guarantee of conformity.
If a product is defective, does not match its description or has a manufacturing defect, consumers are entitled to the remedies provided by law, including replacement of the product or, where the legal conditions are met, a price reduction or refund.
Specific Characteristics of Cosmetic Products
The results obtained from cosmetic products may vary depending on skin type, age and conditions of use. VIVALIGNE does not guarantee any particular individual result, without prejudice to the characteristics and performance claims expressly stated on the product pages.
The absence of the desired aesthetic result does not, in itself, constitute a lack of conformity.
Products must be used in accordance with the instructions and storage precautions indicated on their packaging. The product’s shelf life and Period After Opening (PAO) are separate from the duration of the statutory guarantee of conformity.
Warranty Against Hidden Defects
Consumers may also benefit from the warranty against hidden defects under the conditions set out in Articles 1641 to 1649 of the French Civil Code. Consumers have two years from the discovery of a hidden defect to bring a claim.
Exercising Statutory Warranty Rights
For any warranty request, consumers may contact VIVALIGNE at contact@vivaligne.com, specifying their order number and the nature of the issue.
Statutory warranties apply independently of the right of withdrawal and cannot be excluded or restricted by these Terms and Conditions.
Regulatory Information on Statutory Warranties (Article D. 211-2 of the French Consumer Code)
Article D. 211-2 of the French Consumer Code – Légifrance
10. Product Use and Liability
Products must be used in accordance with their labelling and instructions for use. Food supplements are not a substitute for a varied, balanced diet or a healthy lifestyle. The recommended daily dose must not be exceeded, and products must be kept out of reach of young children. VIVALIGNE shall not be liable for damage directly attributable to use contrary to the product instructions, subject to mandatory legal provisions, particularly those relating to liability for defective products and statutory warranties. Force majeure shall be assessed in accordance with Article 1218 of the French Civil Code.
11. Personal Data, Customer Reviews and Intellectual Property
Personal data is processed for order fulfilment, customer relationship management and, where legally permitted, marketing purposes. The applicable rights and procedures are detailed in the Privacy Policy. The procedures for verifying and publishing customer reviews are specified on the website. The trademarks, texts, photographs and visual content displayed on the website are protected by intellectual property rights. Their reuse without authorisation is prohibited, except where permitted by law.
12. Complaints and Consumer Mediation
Customer service: contact@vivaligne.com; +33 (0)4 67 27 09 84; postal address as specified in Section 1. If a prior written complaint remains unresolved, consumers may refer the dispute free of charge, under the applicable legal conditions, to the consumer mediation service: CM2C, 49 rue de Ponthieu, 75008 Paris, France; CM2C website (www.cm2c.net).
13. Applicable Law
These Terms and Conditions are governed by French law, without depriving consumers residing in another country of the mandatory protections afforded to them under applicable legislation. The competent courts shall be determined in accordance with the legal rules protecting consumers. If any provision is found to be invalid, the remaining provisions shall remain applicable. The French version shall prevail.
14. KDerm Loyalty Programme
VIVALIGNE offers customers with a personal account a free loyalty programme allowing them to earn points on their purchases and benefit from discounts on future orders.
Points are awarded according to the conditions detailed on the website’s Loyalty Programme page. They may be combined with promotional offers and discount codes.
Points earned are valid indefinitely. They are personal, non-transferable and cannot be exchanged for cash.
If an order is cancelled or refunded, the corresponding points will be cancelled or adjusted.
VIVALIGNE reserves the right to modify or terminate the programme, provided that members are informed in advance and benefits already earned are respected.
Full programme terms and conditions are available on the website’s Loyalty Programme page.
