Termini e condizioni del servizio

Terms and Conditions of Sale

Dated: 17/02/2025

The website www.depuravita.com (hereinafter referred to as the "Site") is an online sales platform operated by SOLAR PLEXUS, offering for sale dietary supplements and food products under the brand DEPURAVITA (hereinafter referred to as the "Products"). DEPURAVITA is a registered brand owned by SOLAR PLEXUS.

The Site is published by SOLAR PLEXUS, a simplified joint-stock company with a capital of 1,000 euros, headquartered at 26 rue Bosquet 75007 Paris, registered with the Paris Trade and Companies Register under number 949 236 111, SIRET: 949 236 111 00017, VAT number: FR96949236111, Email: info@depuravita.com, Tel: 0768507713 (hereinafter referred to as "SOLAR PLEXUS").

1. APPLICATION OF TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter referred to as the "General Terms") apply to all orders and retail sales of Products placed via the Site by individuals acting for personal purposes (hereinafter referred to as "Client(s)").

The Client declares that they are purchasing the Products as the final consumer.

Professionals interested in the Products are invited to contact SOLAR PLEXUS via info@depuravita.com for applicable sales terms.

The Client must read these General Terms before placing any order (hereinafter "Order"). These terms are available on the Site. Placing an Order implies full and unconditional acceptance of the General Terms by the Client. Acceptance is explicitly confirmed by checking the box: "I declare that I have read and accept DEPURAVITA's general terms and conditions of sale and acknowledge my right of withdrawal."

SOLAR PLEXUS reserves the right to modify these General Terms at any time. The applicable version is the one available online on the Site at the time of Order placement.

2. THE WEBSITE

The Site is operated using the services of SHOPIFY. SHOPIFY INTERNATIONAL LIMITED is a private limited company incorporated in Ireland under registration number 560279, with its registered office at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland – VAT number IE 3347697KH – Website: https://shopify.com.

The Client is invited to refer to the Terms of Use available on the Site, which detail the functionality, availability, and intellectual property rights related to the Site.

3. PRODUCTS

The Client may only order Products that are available on the Site at the time of browsing and within the limit of available stock.

In case a Product is unavailable, the Client will be informed either while navigating the Site or after confirming their Order, if the unavailability is detected later, via email. If the payment has already been processed, the Client will receive a refund within fourteen (14) days.

Each Product is presented on the Site with a description, a photograph, its composition, usage instructions, and price.

The Client must review the description of each Product to understand its composition and essential characteristics.

For dietary supplements, all Products are declared to the relevant French authorities, and their composition and commercialization comply with the applicable French regulations.

SOLAR PLEXUS reserves the right to modify or withdraw any Product from the Site at any time and to change or update any content or information on the Site. SOLAR PLEXUS cannot be held responsible for any potential damages resulting from the removal of a Product or modification of the content or information displayed on the Site.

4. PRICES

The applicable price is the one displayed on the Site at the time of Order placement, within the limits of available stock and except in cases of obvious typographical errors or omissions.

SOLAR PLEXUS reserves the right to modify the prices of its Products at any time but is committed to applying the price in effect at the time of the Order.

The price of each Product on the Site is displayed in euros (€) and includes the applicable French taxes. Shipping costs are not included in the listed price and will be calculated separately at checkout before final confirmation of the Order.

The price and shipping costs do not include customs duties and other applicable fees, which may be charged in certain countries. These remain entirely the Client’s responsibility.

In the case of promotional offers, these are valid for the period specified and are subject to stock availability. Orders will be accepted at the price mentioned in the active promotional offer.

5. ORDER PROCESS

Placing an Order constitutes full acceptance of the description and price of the Products as stated at the time of purchase, as well as the application of these General Terms.

The Client reviews the essential characteristics of the Product as described on the Site and selects the desired Product(s) by adding them to their cart.

Creating a Client account is not required to place an Order on the Site.

The Client can access their shopping cart at any time for modifications or validation. After reviewing the cart, the Client can proceed to checkout by following the steps provided on the Site.

The Client must fill in and confirm all necessary information, particularly the shipping details. It is the Client’s responsibility to ensure the accuracy of the Products, quantities, and delivery information before confirming the Order.

The Client must then enter and validate the information related to the chosen online payment method.

Final acceptance of the Order is confirmed by the validation of the payment method. By confirming the Order, the Client agrees to honor the payment. This explicit acknowledgment of the payment obligation is confirmed by the mention: “Order with payment obligation.”

Once the payment has been made, the Order can no longer be modified.

SOLAR PLEXUS can only process Orders subject to stock availability and cannot be held responsible for errors in the information provided by the Client and any resulting consequences.

SOLAR PLEXUS reserves the right to cancel or refuse any Order from a Client with whom there is an outstanding dispute regarding a previous payment or whose Order presents a risk of fraud.

After the Client has confirmed the Order and made the payment, SOLAR PLEXUS will process the Order and send a confirmation email including:

  • Confirmation of Order registration
  • A summary of the items ordered
  • The total amount of the Order
  • The associated shipping fees
  • The selected payment method
  • The estimated delivery date or timeframe
  • The confirmed delivery address as indicated by the Client
  • A link to the standard withdrawal form

The sale is considered final only after SOLAR PLEXUS sends the Order confirmation email to the Client.

6. PAYMENT

The available payment options at the time of placing an Order include credit card and PayPal. SOLAR PLEXUS reserves the right to add or remove payment methods without prior notice. It is noted that each payment service operates under its own terms and conditions.

When using a credit card for payment, the Client is automatically redirected to the secure payment platform’s server. The Client's banking information is known only to the payment service provider selected by SOLAR PLEXUS. This information is not transmitted, stored, or handled by SOLAR PLEXUS or its staff.

SOLAR PLEXUS reserves the right to suspend the processing of an Order or any shipment in the event of a payment authorization refusal from officially accredited organizations or in cases of non-payment. Additionally, SOLAR PLEXUS may cancel an Order for legitimate reasons, particularly if the Order is suspected of involving fraudulent use of a credit card.

7. DELIVERY

Delivery is defined as the transfer of physical possession or control of the Product to the Client.

The countries eligible for delivery, the shipping costs (depending on the delivery method and destination country), and the estimated delivery times are provided at checkout. Further details regarding available delivery methods, timelines, costs, and restrictions, as well as the carriers used by SOLAR PLEXUS, can be found in our "Shipping Policy" available on the Site.

As previously mentioned, the Product price and shipping costs do not include additional customs duties, taxes, or other applicable fees, which may be imposed in certain destination countries. These remain the sole responsibility of the Client.

The estimated delivery date or timeframe provided at the time of Order confirmation is given for informational purposes only and is not a guaranteed delivery date.

The ordered Products will be shipped to the delivery address provided by the Client during the ordering process. The delivery address cannot be changed after the Client has confirmed their Order. Therefore, it is the Client's responsibility to verify all details before finalizing the payment. The risk of loss or damage to the Products is transferred to the Client at the moment the Products are delivered to the specified address or, if applicable, when the Client collects the parcel from the carrier.

If a package cannot be delivered due to an incorrect or incomplete address, an unidentifiable or inaccessible mailbox, or a recipient who is unavailable, the package will be returned to SOLAR PLEXUS. In this case, the Client will be refunded the total Order amount, minus the shipping and return costs, via the original payment method within 48 hours of receiving the returned parcel. The Client may then place a new Order with the correct address details.

In case of a delivery delay exceeding 7 days, the Client must notify SOLAR PLEXUS at info@depuravita.com. SOLAR PLEXUS will then liaise with the carrier to investigate the issue and initiate the necessary claims process. If the package is deemed lost, the Client may choose between receiving a replacement shipment (at no additional cost) or requesting a full refund, including shipping fees.

If the delivery is delayed by more than 7 days beyond the estimated delivery date, the Client has the right to cancel their Order by contacting SOLAR PLEXUS via info@depuravita.com.

If the Client fails to collect a package within the designated time frame as per the chosen shipping method, the package will be returned to SOLAR PLEXUS. In this case, the Client will be refunded the total Order amount, minus the shipping and return fees, via the original payment method within 48 hours of the package's return. The Client may then place a new Order with an alternative shipping method if desired.

SOLAR PLEXUS cannot be held responsible for delivery delays or failures caused by:

  • Incorrect or incomplete address information provided by the Client.
  • Unforeseeable and unavoidable circumstances involving a third party.
  • Force majeure events (such as natural disasters, strikes, or global crises).

Clients ordering from outside France are responsible for verifying import restrictions and regulations applicable in their destination country. SOLAR PLEXUS will not be held liable for purchasing a Product that does not comply with regulations in a given country if the Product meets French regulatory standards.

If a package is returned due to customs clearance refusal by the Client or if the importation is not authorized at the destination, the Client will receive a refund of the total Order amount, minus shipping and return fees, via the original payment method within 48 hours of the parcel's return.

If a package is abandoned at customs, leading to the destruction of the Products, no refund or compensation will be provided.

Each delivery is considered complete once the Product is made available to the Client by the carrier or a designated third party. The Client must inspect the Products immediately upon receipt.

Any discrepancies or damages must be reported to SOLAR PLEXUS as soon as possible, and no later than 48 working hours after delivery, before using the Product(s).

8. RIGHT OF WITHDRAWAL – RETURNS – REFUNDS

In accordance with Directive 2011/83/EU of the European Parliament and Council (October 25, 2011) on consumer rights, and Articles L. 221-18 et seq. of the French Consumer Code, Clients have the right to cancel their Order within 14 calendar days from the date they receive the Product(s). No justification or penalties are required, provided the Products are returned in their original, unopened, complete, and undamaged packaging (including any accessories or instructions).

According to Article L.221-18 of the French Consumer Code, the right of withdrawal does not apply to:

  • Products that have been opened, unsealed, or used.
  • Perishable goods or items with a short shelf life.
  • Products that cannot be returned for health or hygiene reasons.

To qualify for a refund, returned Products must be intact, in their original packaging, and in a condition fit for resale.

The 14-day withdrawal period begins on the day the Client (or an authorized third party) takes physical possession of the Order.

If the withdrawal deadline is missed, SOLAR PLEXUS will not issue a refund, and the sale will be considered final.

To exercise the right of withdrawal, the Client must:

  1. Notify SOLAR PLEXUS of their decision by submitting a written, unambiguous withdrawal request, specifying:

    • Full name
    • Email
    • Address
    • Order number
    • Order date and receipt date
    • List of Products to be returned

  2. Send the withdrawal request via:

    • Email: support@depuravita.com (subject line: "Exercising the right of withdrawal")
    • Registered mail with acknowledgment of receipt to:
      SOLAR PLEXUS SAS
      26 rue Bosquet
      75007 PARIS, France

  3. The Client may use the official withdrawal form provided in the French Consumer Code (accessible here: LINK TO PDF FORM), filling in details about the Order and returned Product(s).

  4. Return the parcel to the following address:
    LOG SOLUTION SRL / CO DEPURAVITA
    Via Matteotti, 6, 24050 Grassobbio BG, Italy

Return shipping costs are the Client’s responsibility.

If all conditions are met, SOLAR PLEXUS will process the refund as soon as possible upon receipt of the returned Products. By law, SOLAR PLEXUS reserves the right to delay the refund until the Products are received or until proof of return shipment is provided. The refund will be issued via the original payment method.

For full Order cancellations, SOLAR PLEXUS will reimburse the total amount, excluding additional fees for premium shipping options.

For partial returns, SOLAR PLEXUS will only refund the value of the returned Products, excluding shipping costs, as these remain fixed for multiple-item Orders.

9. LEGAL GUARANTEES: NON-CONFORMITY AND HIDDEN DEFECTS

SOLAR PLEXUS guarantees the conformity of the Products and protects against hidden defects under the terms and conditions set out by French law.

Any claims related to these guarantees may be addressed by mail to:

SOLAR PLEXUS SAS
26 rue Bosquet
75007 PARIS, France

Or by email to: support@depuravita.com.

The seller is liable for any non-conformity of the Product under Articles L.217-3 and following of the French Consumer Code, as well as for hidden defects under Articles 1641 and following of the French Civil Code.

Products that have been modified, altered, or damaged by the Client after the transfer of risk—particularly due to misuse or failure to follow the instructions for use—are excluded from the guarantee.

The guarantee does not apply to visible defects or defects the Client was aware of or could not have ignored at the time of purchase, particularly based on the Product description provided on the Site.

Legal Guarantee of Conformity

The Client has the rights granted under Articles L.217-1 and following of the French Consumer Code.

According to Article L.217-3 of the Consumer Code:

"The seller must provide a product that conforms to the contract as well as to the criteria set out in Article L. 217-5. They are responsible for any conformity defects existing at the time of delivery of the product as defined in Article L. 216-1, which appear within two years from that date. (...) The seller is also responsible, for the same period, for any conformity defects resulting from packaging, installation instructions, or improper installation when these are their responsibility under the contract or when the incorrect installation, carried out by the consumer, results from omissions or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The limitation period for the consumer’s action starts on the date they become aware of the conformity defect."

According to Article L. 217-4 of the Consumer Code:

"A product is considered conforming to the contract if it meets, where applicable, the following criteria:

  1. It matches the description, type, quantity, and quality expected under the contract, including its functionality, compatibility, interoperability, or any other agreed characteristics.
  2. It is suitable for any special purpose requested by the consumer, provided the seller was informed of this at the time of contract conclusion and accepted it.
  3. It is delivered with all necessary accessories and installation instructions as required by the contract.
  4. It includes any updates required under the contract."

According to Article L.217-5 of the Consumer Code:

"In addition to contractual conformity criteria, the product is considered conforming if it meets the following criteria:

  1. It is suitable for its usual intended use, taking into account any applicable European and national legal provisions, as well as relevant technical standards or industry-specific codes of conduct where applicable.
  2. If applicable, it has the qualities presented by the seller to the consumer in the form of a sample or model prior to purchase.
  3. If applicable, any digital elements it contains are provided in their most up-to-date version available at the time of contract conclusion, unless the parties agree otherwise.
  4. It is delivered with all accessories, including packaging and installation instructions, that the consumer can reasonably expect.
  5. If applicable, it includes the updates the consumer can reasonably expect, in accordance with Article L. 217-19.
  6. It corresponds to the expected quantity, quality, and other characteristics (including durability, functionality, compatibility, and safety) as reasonably anticipated for goods of its type, considering the nature of the product and any public statements made by the seller, manufacturers, or third parties in advertising or labeling."

However, under Section II, the seller is not bound by these public statements if they can demonstrate:

  1. They were not aware of these statements and could not reasonably have been aware of them.
  2. These statements had been corrected at the time of contract conclusion.
  3. These statements could not have influenced the consumer’s purchasing decision.

Under Section III, the consumer cannot challenge conformity based on a defect relating to specific characteristics of the product that were explicitly disclosed and accepted by them when placing the order.

If the Client detects a conformity defect, they may exercise their legal guarantee of conformity within 2 years from the date of delivery.

In the event of a conformity defect, the Client is entitled to repair or replacement of the Product, or if neither is possible, to a price reduction or contract termination, under the conditions set by law.

The Client may choose between repair or replacement of the Product and must return the defective Product to SOLAR PLEXUS.

The Product will be brought into conformity at no cost to the Client.

Considering the nature of the Products, SOLAR PLEXUS may either replace the Product (subject to stock availability) or issue a refund for the Product price, upon return of the non-conforming Product, within one month of the Client’s claim.

Under Article L. 217-14 of the Consumer Code:

"The consumer is entitled to a price reduction or contract termination in the following cases:

  1. When the seller refuses any corrective action.
  2. When the corrective action exceeds 30 days from the Client’s request or causes them a significant inconvenience.
  3. When the Client is permanently responsible for returning or removing the non-conforming product, or for the costs related to its repair or replacement.
  4. When the non-conformity persists despite the seller’s failed attempts to bring the product into compliance.

The consumer also has the right to an immediate price reduction or contract termination if the defect is so serious that it warrants immediate corrective action. In this case, the consumer is not required to first request repair or replacement.

The consumer cannot demand contract termination if the conformity defect is minor, and the seller has the burden of proving this."

Guarantee Against Hidden Defects

The Client may invoke the guarantee against hidden defects under Article 1641 of the French Civil Code within two years of discovering the defect.

If applicable, the Client may choose between:

  • Returning the Product for a full refund.
  • Keeping the Product and receiving a partial refund.

Under Article 1641 of the Civil Code:

"The seller is liable for hidden defects in the sold product that make it unfit for its intended use, or that significantly diminish its usability, such that the buyer would not have purchased it or would have paid a lower price had they known of the defect."

Under Article 1648 of the Civil Code, first paragraph:

"Any action arising from hidden defects must be filed by the buyer within two years from the date they discovered the defect."

Upon receiving notification from the Client regarding their intention to invoke one of the above legal guarantees, SOLAR PLEXUS will acknowledge receipt of the claim and provide instructions on how to proceed with the warranty claim.

10. PERSONAL DATA

Providing personal information collected as part of distance selling is mandatory, as this information is necessary for processing and delivering orders, as well as for issuing invoices.

The Client is invited to review DEPURAVITA’s Privacy Policy, available online on the Website (INSERT LINK), which explicitly outlines all collected data, including data collected during browsing and information requests, as well as the purposes, legal bases, retention periods, and the rights individuals have regarding their personal data.

The Client has the right to access, modify, rectify, and delete their personal data, as well as the right to restrict processing, the right to data portability, the right to object to processing for specific reasons, and the right to object to commercial solicitation. To exercise these rights, the Client may submit a request:

RIGHT TO REGISTER ON A TELEPHONE SOLICITATION OPT-OUT LIST

Placing an order requires the collection of the Client’s phone number.

The Client is informed of their right to register on the telephone solicitation opt-out list, as provided by Articles L.223-1 and following of the French Consumer Code.

If you do not wish to receive commercial solicitation calls, you can register one or more of your phone numbers on the official anti-solicitation list, known as "Bloctel."

This can be done free of charge via the following website: www.bloctel.gouv.fr.

11. INTELLECTUAL PROPERTY

The elements of the Website are subject to intellectual property rights. The Client is invited to review the Terms of Use of the Website, available online in the LEGAL NOTICE section.

Furthermore, it is emphasized that SOLAR PLEXUS holds rights over the domain name DEPURAVITA.COM and intellectual property rights over the Products offered on the Website, particularly under copyright and registered trademarks.

Therefore, the total or partial reproduction of any of these elements, whether directly or indirectly, on any medium and for any reason, without the prior and explicit consent of SOLAR PLEXUS, is strictly prohibited.

12. LIABILITY

SOLAR PLEXUS is only obligated to deliver Products that comply with contractual provisions.

Products are considered compliant with contractual provisions if they meet the following conditions:

  • They conform to the description and characteristics presented on the Website.
  • They are suitable for the typical use of such products.
  • They meet the expected quality standards for similar products.

SOLAR PLEXUS guarantees the Client against non-conformities and hidden defects in the Products sold on the Website under the conditions set out in Article 9.

The liability of SOLAR PLEXUS under these General Conditions cannot be engaged in cases where damages or failure to fulfill obligations result from:

  • A third party’s action,
  • The Client’s own actions,
  • A force majeure event.

The liability of SOLAR PLEXUS regarding any Product purchased on the Website is strictly limited to the purchase price of the Product.

Placing an order on the Website implies acknowledgment and acceptance of the procedures in effect on the Internet, including technical performance, response times, connection speeds, data transfer risks, connection interruptions, virus contamination risks, and other inherent risks of using the Internet.

In this regard, the Client acknowledges their responsibility to install appropriate antivirus software and security measures on their computer and other devices to protect them against any harmful bugs, viruses, or other programming routines.

Therefore, SOLAR PLEXUS shall in no event be held liable for any direct or indirect damages arising from improper use or incidents related to computer usage, Internet access, server maintenance, connection failures, phone line issues, or any other technical connection. The Client accesses the Website under their sole responsibility.

SOLAR PLEXUS is only responsible for delivering Products in compliance with contractual provisions.

The Products sold on the Website comply with the regulations in force in France.

SOLAR PLEXUS cannot be held liable for any material, immaterial, or bodily damages resulting from the improper use of its marketed Products.

All documents, descriptions, and information regarding the Products on the Website are provided “as is,” without any explicit or implicit warranties, except those mandated by law.

Given the nature of the Products, the information provided should not be considered medical advice or recommendations. Any use for therapeutic purposes or treatment of a specific condition (e.g., illness, infection, etc.) should be preceded by a consultation with a doctor or healthcare professional.

13. FORCE MAJEURE

Neither Party shall be held liable for the total or partial non-performance of its obligations under these General Conditions if such non-performance is caused by an event constituting force majeure.

Force majeure events are those meeting the criteria established by the French Supreme Court (Cour de Cassation) and applicable legislation. In addition to the events typically recognized by French case law, the following shall expressly be considered as force majeure or unforeseen circumstances: total or partial strikes, lockouts, riots, boycotts or other industrial actions, commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather conditions, epidemics, pandemics, transportation or supply blockages for any reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, changes in legal or regulatory commercial practices, computer failures, telecommunications disruptions (including wired or wireless network failures), and any other event beyond the Parties’ control preventing the normal execution of the contractual relationship.

All obligations of both Parties shall be suspended for the duration of the force majeure event, without any compensation.

If either SOLAR PLEXUS or the Client invokes a force majeure event, they must notify the other Party as soon as possible and no later than eight (8) business days after the occurrence of the event. SOLAR PLEXUS and the Client shall consult each other as soon as possible to determine how to proceed with the Order during the force majeure event.

If the force majeure event causes an interruption exceeding one (1) month, the Order may be canceled at the request of either the Client or SOLAR PLEXUS, with a refund issued to the Client if applicable, but without any additional compensation for either Party.

14. AMENDMENT OF THE GENERAL CONDITIONS

The General Conditions in effect can be consulted at any time under the “General Terms and Conditions of Sale” section on the Website.

SOLAR PLEXUS may modify the General Conditions at any time.

The version of the General Conditions applicable to an Order remains the one in force at the time the Order was placed.

By confirming a new Order, the Client expressly consents to the latest version of the General Conditions.

15. APPLICABLE LAW – DISPUTE RESOLUTION – MEDIATION

The sale of Products is governed by French law.

However, this choice of law shall not deprive a consumer Client residing outside France of the mandatory and protective consumer provisions of the law of the country in which they habitually reside, provided that SOLAR PLEXUS conducts or directs its business toward that country.

In the event of a dispute arising from an Order, the Client must first contact SOLAR PLEXUS.

For any issues related to an Order, please contact our team:

If the complaint is not amicably resolved, the Client may refer the dispute to the CM2C mediation service, to which SOLAR PLEXUS is a member, free of charge:

Additionally, the Client always retains the right to bring the matter before a court.

Pursuant to Article R.631-3 of the French Consumer Code, “the consumer may bring the case before either a territorially competent court under the Civil Procedure Code or the court of the location where they resided at the time of contract conclusion or the occurrence of the harmful event.”

16. PARTIAL INVALIDITY & NON-WAIVER

If one or more provisions of these General Conditions are deemed invalid or declared as such under a law, regulation, or a final decision of a competent court, the remaining provisions shall remain in full force and effect.

No tolerance, inaction, or failure by SOLAR PLEXUS to enforce its rights under these General Conditions shall be interpreted as a waiver of such rights.

17. ENTIRE AGREEMENT

These General Conditions, together with the Order summary provided to the Client, constitute the entire contractual relationship between SOLAR PLEXUS and the Client.

In the event of any contradiction between these documents, the General Conditions shall prevail.