Article 1 – Definitions

These General Terms of Sale (hereinafter "GTS") are offered by the company SANTAVIAPRO.

"Site": the website "https://santaviapro.com" and all its pages, exclusive property of the Company.

"Products" or "Services": all products (physical goods) and services that can be purchased or subscribed to on the Site.

"Seller": SANTAVIAPRO, a legal or natural person, offering its Products or Services on the Site.

"Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", as defined in the preliminary article of the Consumer Code: "any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity."

Any internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTS carefully, print them, and/or save them on a durable medium before placing an order on the Site. The Customer acknowledges having read the GTS and accepts them in full.

Article 2 – Application of the GTS and Purpose of the Site

The Seller reserves the right to modify the GTS at any time by publishing a new version on the Site. The GTS applicable to the Customer are those in force on the day of their order on the Site.

Legal information regarding the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.

This Site offers the online sale of health products.

Access to the Site is free and open to any Customer. Purchasing a Product or Service implies acceptance by the Customer of all of these GTS, acknowledging full knowledge thereof. This acceptance may consist, for example, in the Customer checking the box corresponding to the acceptance statement "I acknowledge having read and accepted all the general terms and conditions of the Site." Checking this box shall be deemed equivalent to a handwritten signature by the Customer.

Acceptance of these GTS assumes that Customers have the legal capacity to do so. If the Customer is a minor or lacks such legal capacity, they declare having the authorization of a guardian or legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they can provide proof to the contrary, waives the right to contest them in the event of a dispute.

Article 3 – Customer Service

Customer service for this Site is accessible by email at: contact@santaviapro.com, by contact form, or by postal mail at the address indicated in the legal notices. Customers must include their first name, last name, the subject of their request, and their order number in the email.

For all professional inquiries (partnerships, media, contract proposals), the Company is only reachable by email at contact@santaviapro.com

Article 4 – Order Process and Purchase Procedure

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description provided by the Seller based on descriptions supplied by the supplier. Photos on the Site are non-contractual and may vary slightly from the photographed models.

"Cart" refers to the virtual object grouping all Products or Services selected by the Customer for purchase. To place an order, the Customer selects the desired Product(s) by adding them to their Cart.

On the "Cart" page, the Customer can verify the details of their order and correct any errors before confirming. On the "Information" page, the Customer enters contact information. On the "Shipping" page, the Customer selects a shipping method. On the "Confirmation" page, the Customer enters bank details and billing address, and may apply a promotional code.

A full order summary is displayed. The Customer may modify all order details before finalizing. The Customer is responsible for any errors in the order, products, and contact information.

The sale is validly formed when the Customer has confirmed the order by clicking "Finalize my order," accepted the General Terms of Sale, and completed payment according to the chosen method, subject to the right of withdrawal.

Article 5 – Prices and Payment Terms

Unless otherwise stated, prices listed in the catalog are in Euros, inclusive of all taxes (VAT included), reflecting the VAT rate applicable on the day of the order, and excluding any processing and shipping fees. SANTAVIAPRO reserves the right to pass on any VAT rate changes to product or service prices, and to modify prices at any time. The price listed in the catalog on the day of the order is the only price applicable to the Customer.

Customers may place orders on this Site and pay by Credit Card, Bancontact, Apple Pay, or PayPal. Credit card payments are made via secure transactions provided by an online payment platform provider. This Site has no access to any payment method data from the Customer. Payment is made directly to the bank or payment provider.

SANTAVIAPRO will archive purchase orders and invoices on a reliable and durable medium as a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Shipping costs will be communicated to the Customer before any payment. There is no geographical delivery restriction; orders can be shipped worldwide. Delivery times indicated at the time of order are for informational purposes only and depend on potential postal service delays or other specific circumstances (strikes, bad weather, etc.).

In the event of delivery outside the European Union territory and in overseas territories, the Customer declares themselves the importer of the Product and accepts that the Seller may be materially unable to provide exact information on the total amount of customs duties or import taxes applicable in the country where delivery is requested.

Unless otherwise stated on the Site during the order process or in the description of the ordered Products, the Seller commits to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the event of delivery in person, the Customer may refuse a package at the time of delivery if they notice an anomaly (damaged goods, missing product per the delivery note, damaged packaging, broken products, etc.). Any anomaly must be noted on the delivery slip in handwritten form, accompanied by the Customer's signature.

If the Customer's package is returned to the Seller by postal services, the Seller will contact the Customer upon receipt to determine how to proceed. If the Customer erroneously refused the package, they may request re-shipment upon paying the new postage costs.

Any delivery delay beyond the date or timeline indicated to the Consumer Customer during their order, or, in the absence of such indication, exceeding thirty (30) days from the conclusion of the contract, may result in the Customer canceling the sale by written request via registered letter with acknowledgment of receipt, provided the Seller has been instructed to deliver and has not complied. The Consumer Customer will be refunded within fourteen (14) days of the contract cancellation date.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) business days from the date of receipt of the ordered product to withdraw. They must return any unsuitable product and request exchange or a refund without penalty (excluding return shipping costs), within fourteen days of SANTAVIAPRO's receipt of the refund request.

The Product must be returned in perfect condition, in its original blister packaging and unused. The Consumer Customer may find a standard withdrawal form below for an order placed on the Site, to be sent to SANTAVIAPRO. Return shipping costs are borne by the Customer. It is recommended to use a tracked shipping solution.

The refund will be processed using the same payment method chosen by the Customer for the original transaction, unless the Customer expressly agrees to a different payment method, provided the refund does not incur any costs for the Customer.

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To: SANTAVIAPRO

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the product below:

Order Number:

Last Name / First Name:

Phone Number:

Email Address:

Postal Address:

Reason for claim:

- Exchange* (specify the desired product)

- Refund* (attach a complete bank details form with IBAN and BIC)

Customer signature (only required for written notification on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranties

Statutory Provisions

The statutory warranty of conformity applies regardless of any commercial warranty that may be granted.

The consumer may choose to invoke the warranty against hidden defects of the sold item as per Article 1641 of the Civil Code, unless the seller has stipulated that they shall not be bound by any warranty. In such a case, the buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have two years from the discovery of the defect.

Statutory Warranty of Conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and is liable for any conformity defects existing at the time of delivery. If a defect existed on the day the Product was taken possession of, the conformity warranty may be invoked; however, the Customer must prove that the defect existed at the time of possession.

"In the event of a conformity defect, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if it entails a cost that is manifestly disproportionate to the other option, considering the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer."

Statutory Warranty Against Hidden Defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with an exchange. If exchange is not possible (obsolete product, out of stock, etc.), the Customer will be refunded by check or bank transfer for the order amount. The costs of the exchange or refund procedure (including return shipping costs) shall be borne by the Seller.

Parts Warranty

The warranty is limited to 30 days following the date of purchase under normal conditions of use, excluding failures caused by an external factor. Under these conditions, the seller commits to replacing the defective part.

Article 9 – Liability

The Seller SANTAVIAPRO shall not be held liable for failure to perform the contract due to a force majeure event. For purchased Products, the Seller shall incur no liability for any indirect damages arising from these terms, including loss of business, loss of profit, damages, or costs.

The choice and purchase of a Product or Service is entirely the Customer's responsibility. Total or partial inability to use the Products due to hardware incompatibility cannot give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defect, or the exercise of the right of withdrawal if applicable.

The Customer expressly acknowledges using the Site at their own risk and exclusive responsibility. In any case, SANTAVIAPRO shall not be held liable for: any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, or data resulting from or contrary to the use of the Site; a malfunction, unavailability of access, misuse, or misconfiguration of the Customer's computer; or the content of advertisements and external links accessible through the Site.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties that they could not reasonably have been expected to foresee and that they could not reasonably avoid or overcome, insofar as their occurrence makes the performance of obligations entirely impossible, shall be considered cases of force majeure.

The occurrence of a force majeure event shall automatically suspend the performance of the Order. Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be canceled by either party, and the sales contract terminated by registered letter with acknowledgment of receipt. No damages may be claimed by either party, unless otherwise agreed.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners. All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use any elements of the Site in any way, even partially. All links, simple or hypertext, are strictly prohibited without the express written agreement of the Company.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is subject to sanctions under Intellectual Property law unless prior authorization has been granted.

Any Customer found guilty of infringement may have their account deleted without notice or compensation, and may be subject to further legal proceedings by the Seller.

Article 12 – Personal Data Processing

The Company collects Customer data: (a) to process and track the Customer's order on the Site; (b) to contact you about various events related to the Company, including product updates and customer relationship management; and/or (c) to gather information enabling us to improve the Site and our Products (including through cookies).

The collected data is processed by the Site's contractual providers responsible for packaging and distributing ordered Products, and by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall. Data is retained by the Company only for the time corresponding to the purposes of collection listed above and in no case exceeding five (5) years.

The Customer may exercise their rights by email at contact@santaviapro.com

Article 13 – Comments and Other User Submissions

If the Customer sends ideas, proposals, or other content, whether online, by email, by mail, or otherwise (collectively, "comments"), at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments the Customer sends.

The Company is not and shall not be obligated to (1) maintain the confidentiality of comments; (2) pay compensation for any comments provided; (3) respond to comments.

The Company may monitor, edit, or remove content it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on intellectual property or these General Terms of Sale.

The Customer agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personal, or other proprietary rights, and that do not contain unlawful, defamatory, offensive, or obscene content, or viruses or malware.

Article 14 – Severability

If any provision of the GTS is found to be unlawful, void, or otherwise unenforceable, that provision shall be deemed severable from the GTS and shall not affect the validity and enforceability of the remaining provisions.

These GTS supersede all prior or contemporaneous written or oral agreements. The GTS are not assignable, transferable, or sublicensable by the Customer.

Article 15 – Applicable Law and Mediation

The General Terms of Sale are governed by French law.

The Site reserves the right to pursue criminal charges against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified credit card. In such cases, no attempt at amicable settlement will be accepted.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, lawyers, suppliers, and employees from any claim or demand, including reasonable attorneys' fees and court costs, made by a third party due to or arising from your use of the website or our products and services, your violation of the terms, or your breach of any representations, warranties, and obligations herein.

Domestic or cross-border disputes relating to the validity, interpretation, performance, non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage — an accredited mediator — is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The dispute cannot be examined by the Mediator if: the Customer has not attempted to resolve the dispute directly with the Company via a written complaint; the request is manifestly unfounded or abusive; the dispute has already been or is being examined by another mediator or court; the consumer submitted their request more than one year after their written complaint to the Company; or the dispute is outside the Mediator's scope.

Mediation is free for the Customer. Any costs incurred by the Customer for legal representation during mediation are their sole responsibility. The Mediator may not receive instructions from the parties and shall not be remunerated based on the outcome. Participation in mediation does not exclude the option of judicial recourse.