Please read the Terms of Service carefully before you start to use the site. By using the Website
or by clicking to accept or agree to the Terms of Service when this option is made available to
you, you accept and agree to abide by these Terms of Service.
1. Definitions
In addition to the terms defined in these Conditions, the following terms used herein with the
first letter in uppercase, the whole word in uppercase or lowercase, in the singular or plural, have
the following meanings:
“Customer”: means any consumer of adult age and full legal capacity to place an Order on the
Site and who purchases one or more Product(s) for their personal needs (i.e. for purposes that are
not within the scope of their trade, business, craft or profession) in compliance with the
procedures for placing an order.
“Order”: means any order for one or more retail Products placed by the Customer.
“Product”: means any product offered for sale on the Site.
“Site”: means the website for sale of Products online, accessible at primealphahealth.com.
2. General information
2.1 Scope / Duration / Enforceability
The Terms of Service govern the entire relationship between Prime Alpha Health and its
Customers regarding sale of the Products via the Site. The Terms of Service and the confirmation
of the Order transmitted by Prime Alpha Health to the Customer constitute a contractual whole
which can be enforced against the parties to the exclusion of any other document.
The Conditions are valid for the period of time required to supply the Product(s) to the Customer
and until the expiry of the warranties applicable to the Product(s).
The fact that Prime Alpha Health or the Customer fail to avail themselves at any time of any of
the clauses of the Terms of Service shall not be construed as a waiver of the right to avail
themselves of any of the said clauses at a later date.
2.2 Acceptance by the Customer
The Customer certifies that they have read the Terms of Service prior to any Order and expressly
agrees to accept them in their entirety, without restriction or reservation.
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2.3 Modification of Conditions
Prime Alpha Health reserves the right to modify the Terms of Service at any time, it being
specified that the modifications made will not apply to Orders in progress.
Any modification of the Terms of Service will be expressly announced on the Site. The
Customer is therefore invited to regularly consult the Site in order to be kept informed of the
latest Terms of Service.
2.4 Order date / Order validation date
The date on which the Order is placed is deemed to be the date of confirmation of the Order on
the Site by the Customer.
The date on which the Order is validated (and hence the date on which the contract is concluded)
is deemed to be that of the actual collection by Prime Alpha Health of the full price of the
Product(s) ordered by the Customer.
3. Product characteristics and Prices
3.1 Consultation of Product characteristics
Prime Alpha Health presents on its Site the Products as well as their detailed descriptions
allowing the Customer to become familiar with the essential characteristics of the Products
before placing the Order.
The Customer acknowledges that, at the time of placing the Order, they have taken note of the
special sales conditions stipulated on the Site (name, price, ingredients, weight, quantity, etc.)
and expressly declares their acceptance without reservation.
The photographs of the Products on the Site are not contractual.
3.2 Availability
The offers of Products shown on the Site are only valid (i) as long as they are displayed on the
Site and (ii) within the limit of available stocks.
In the event of the unavailability of the Product ordered after placing or validation of the
corresponding Order, Prime Alpha Health will inform the Customer by e-mail.
4. Payment
4.1 Conditions and means of payment for Orders
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This concerns an Order with obligation to pay, which means that ordering by the Customer
implies payment of the amount of this Order (including the price of the Product(s) ordered and
any shipping costs by the Customer).
The price of the Order is payable in cash in or by one of the means of payment offered by Prime
Alpha Health, namely:
Credit Card (Visa, Mastercard)
At no time may the sums received be considered as deposits or down payments.
The Customer warrants to Prime Alpha Health that they have the necessary authorizations to use
the method of payment chosen during their Order. Prime Alpha Health reserves the right to
suspend any Order management and any delivery in the event of refusal of authorization of
payment by credit card from the officially accredited bodies or in the event of non-payment.
4.2 Transfer of ownership / Transfer of risks
PRIME ALPHA HEALTH RETAINS THE FULL AND COMPREHENSIVE
OWNERSHIP OF THE PRODUCTS DELIVERED UNTIL THE EFFECTIVE RECEIPT
BY LNS OF THE PRINCIPAL PRICE AND INCIDENTALS IN THEIR ENTIRETY.
The above provisions shall not preclude, from the time of delivery to the Customer, the transfer
to the Customer of the risk of loss or deterioration of the Product(s) as well as any damage it or
they may cause.
5. Liability
5.1 Prime Alpha Health shall not be held liable for the breach or improper fulfillment of an Order
if Prime Alpha Health is able to demonstrate that this improper fulfillment is attributable to (i)
the Customer, (ii) an unpredictable and insurmountable event, (iii) a third party to the contract or
(iv) force majeure.
5.2 The Customer is solely liable for the choice of the Product(s), its (their) conservation from
the delivery and its (their) use. In no event shall Prime Alpha Health be held liable for any
damages arising from these incidents.
5.3 The Products offered comply with the applicable laws.
5.4 Prime Alpha Health undertakes to make every effort to ensure that the Site is accessible at
any time. Nevertheless, Prime Alpha Health declines all liability in the event of difficulty in
accessing the Site or interruptions in the connection, whatever the causes. Prime Alpha Health
reserves the right to make any modification to the Site which it deems useful without prior notice
and even if access to the Site is interrupted as a consequence.
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Prime Alpha Health shall not be held liable for (i) any direct or indirect damage, including
inaccessibility to the Site, loss of data, deterioration, destruction or viruses that may affect the
Customer’s computer equipment, and/or (ii) for the presence of viruses on the Site.
6. Protection of personal data
6.1 The term “personal data” refers to information identifying each Customer, such as their
surname, first name, date of birth, postal address, telephone number and e-mail address.
6.2 Prime Alpha Health takes all necessary measures to ensure the confidentiality and security of
the personal data transmitted by the Customer. Such personal data shall be retained within a
reasonable period of time necessary for processing of the data.
Prime Alpha Health may, in certain cases, be required to communicate the personal data of the
Customers to third parties but only:
to its subcontractors acting on behalf of Prime Alpha Health (in the context of
performance of the service(s) concerned by collection), and in strict compliance with the
purposes for which the said personal data have been collected, or
in application of a law, a court ruling or at the request of the public authorities.
7. Cancellation and Cost of Return
The Customer has a period of fourteen (14) days to exercise their right to cancel, without having
to justify their decision or bear any costs other than those related to the direct cost of returning
the Products concerned by the cancellation. This period runs from the day of receipt by the
Customer of the ordered Product(s).
A Customer who wishes to exercise their right to cancel must inform Prime Alpha Health of their
decision to cancel by sending it, before the expiry of the aforementioned period.
Prime Alpha Health will acknowledge receipt of the cancellation within 7 (seven) working days.
The Customer must then, within fourteen (14) days of notification to Prime Alpha Health of its
decision to cancel, return the Product(s) concerned to Prime Alpha Health. This period shall be
deemed to have been complied with if the Customer returns the Product before the end of the
fourteen (14) day period.
Any Product returned to Prime Alpha Health must therefore not have been opened (for reasons
of hygiene and health protection) and still be in its original packaging, intact and in perfect
condition.
The returned Product(s) travel(s) at the Customer’s risk. Any Product which is damaged,
incomplete or absent will not be refunded nor exchanged and will be shipped back to the
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Customer. Similarly, any open Product will not be refunded or exchanged and will be destroyed
by Prime Alpha Health.
In the event of exercise of the right to cancel, Prime Alpha Health will refund the Customer
solely for the price of the Product(s) and the Customer’s contribution to the shipping costs for
delivery to the Customer of their initial order where the Customer’s decision to cancel relates to
the entirety of the said order), without penalty, except for the additional costs arising from the
Customer’s choice of a mode of delivery other than the less expensive standard delivery mode
proposed by Prime Alpha Health.
8. Intellectual property
The Site, as well as all the elements composing it (including texts, photographs, videos, brands,
etc.) and all the documents transmitted to the Customer by Prime Alpha Health constitute a work
within the meaning of the Code of Intellectual Property which, as such, come under international
legislation on Literary and Artistic Property.
Copying on any medium (including hard drive), of pages of the Site (or components thereof) or
documents transmitted to the Customer by Prime Alpha Health is permitted for private purposes
only. Consequently, any representation or reproduction, even partial, of these elements for
commercial purposes without the prior written consent of Prime Alpha Health or any other
company in its group that it intends to substitute in its place is unlawful and liable to constitute
an act of infringement incurring the civil and criminal liability of the infringer.
The trademarks mentioned on the pages of the Site and other documents transmitted to the
Customer by Prime Alpha Health are trademarks registered by their respective owners.
9. Miscellaneous
Should any of the provisions of the Conditions be declared null and void by a final court ruling,
the invalidity of the clause in question shall not in any way entail the termination of the
Conditions, all other provisions of which shall remain in full force and effect. As far as possible,
the cancelled clause will be replaced by a valid clause whose economic and legal effects are as
close as possible to the aim pursued with the clause which has been deemed null and void.
10. Force Majeure
The performance by either party of its obligations hereunder shall be suspended in the event of a
case of force majeure which might impede or delay its performance.
The following are considered to be cases of force majeure: those usually deemed as such by the
jurisprudence of the French courts and tribunals, which have an unpredictable and irresistible
external character for either party, such as: war, act of war, flood, fire, civil commotion,
blockade, interruption of transport or strikes affecting one or other of the parties.
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The party affected by the force majeure shall notify the other of the occurrence of such an event
within 48 hours. The parties will then consult as soon as possible in order to agree on the
procedures for fulfillment of the Order.
If the case of force majeure continues for a period exceeding 48 hours, the Customer and Prime
Alpha Health may terminate the Order in progress by e-mail notified to the other party and Prime
Alpha Health will proceed, if necessary, with the refund of the Order.