GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

These General Terms and Conditions of Sale (the "General Terms and Conditions") shall apply, without restriction or reservation, to all sales made by Perfoline operating under the name Institut ActiScience (the "Seller") to consumers and non-professional purchasers (the "Customers" or the "Customer") wishing to acquire the products offered for sale by the Seller (the "Products") on the website www.curcumine.co.uk (the "Site"). In particular, they stipulate the conditions for orders, payments, delivery and management of any returns of Products by Customers. The Products offered for sale on the Site are health and well-being products other than drugs.

The main features of the Products and in particular their ingredients and directions are displayed on the Site. Customers must read the same before placing any order. The Customer is solely responsible for choosing and purchasing a Product. The photographs and graphics on the Site represent the Products as accurately as possible. However, colours in particular may be displayed differently on different media. Customers should refer to the description of each Product in order to understand its properties and key features.

Product offers are understood to be while stocks last, as specified at the time the order is placed.

The General Terms and Conditions shall be applicable to the exclusion of all other conditions, and in particular those applicable to in-store sales or sales through other distribution and marketing channels.

The General Terms and Conditions can be accessed at any time on the Site and, if necessary, shall prevail over any other version or any other contradictory document. As the General Terms and Conditions may be subject to later amendments, the version applicable to the Customer's purchase is the version in force on the date the Order is placed, a copy of which will have been sent to the Customer with their Order confirmation.

The Customer declares that he/she has read and accepted the General Terms and Conditions by ticking the box provided for this purpose prior to the initiation of the online ordering procedure. Confirmation of the Order by the Customer constitutes acceptance without restriction or reservation of the General Terms and Conditions. Any Order placed on the Site constitutes the creation of a contract (the "Contract") entered into remotely between the parties (the "Parties"), the Customer and the Seller.

The Customer acknowledges that he/she has the capacity to enter into a contract and to purchase the Products offered on the Site.

The Products displayed on the Site are offered for sale in the following countries: France, Belgium, Luxembourg and Switzerland. In the event of an Order to a country other than mainland France, the Customer is the importer of the Product(s). For all Products shipped outside the European Union and overseas French territories, the price will be automatically calculated on the invoice, excluding tax. Customs duties or other local taxes or import duties or state taxes may be payable. These will be payable by the Customer and are the sole responsibility of the Customer.

2. Definitions

The following words and expressions beginning with a capital letter, in the singular or plural, are used herein with the following meaning:

« General Terms and Conditions » : these General Terms and Conditions of sale of the Products that the Customer has read prior to placing an Order on the Site and that form a sales contract between the Customer and the Seller.

« Customer » : any user of the Site who wishes to order at least one Product, thus declaring that he/she is a consumer or a non-professional buyer within the meaning of the first article of the Consumer Code.

« Contract » : refers to the purchase/sale contract entered into remotely between the Parties.

« Equipment » : all hardware and software, including the information system and networks, workstations, computers, mobile phones, e-mail addresses, tablets that the Customer may use to access the Site of which he/she has sole ownership and responsibility.

« Day » : refers to a working day.

« Parties » : a term referring to both the Customer and the Seller

« Site » : the Seller's website www.curcumine.co.uk which can be accessed by the Customer and can be used to place an Order under the terms and conditions provided for in the General Terms and Conditions.

« Products » : all goods advertised for sale on the Site, which may include food supplements, medical devices, or any product without any particular legal status.

« Products subject to withdrawal » : all goods presented for sale on the Site and which may be subject to the application of the right of withdrawal as provided for by Articles L. 221-18 et seq. of the French Consumer Code. The right of withdrawal does not apply to goods that have been opened by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection (art. L. 221-28 of the French Consumer Code).

« Seller » : refers to Perfoline, a company operating under the name Institut ActiScience, a simplified joint stock company registered in the Paris Trade and Companies Register under number 517 909 495, with its registered office at Regus 12/14 rond-point des Champs Elysées, Paris (75008), whose business is the sale of the Products.

3. Food supplements

The food supplement products offered by the Seller are created by a team of specialists (doctors, pharmacists, nutritionists) based on scientific studies in order to deliver the best active ingredients as well as the most suitable formulations to ensure maximum bioavailability. The amounts of natural active ingredients are those used in the relevant scientific studies to guarantee a high level of effectiveness and absolute safety.

Wherever possible, these products also undergo clinical tests on the final formulation of the Product.

The manufacturing technologies chosen by the Seller respect the high quality of the ingredients with a view to protecting their active molecules.

Nutrition and health claims associated with food supplements are regulated by Regulation No 1924/2006 relating to nutrition and health claims in respect of foodstuffs.

4. French manufacture and compliance

The Products are manufactured in France and are subject to a declaration and distribution authorization on the French market. They are subject to ongoing quality control and use high quality raw materials.

5. Requirements for using the Site

In order to purchase Products, the following are necessary:

- a high-speed Internet connection (download speed of at least 256 kb/s) from reputable Internet service provider;

- a recent and up-to-date operating system;

- a recent browser;

- the Customer must be of legal age, with full legal capacity.

If the above requirements are not met, the Site may not be able to provide all the features necessary to complete an Order. In the event of a false declaration, the Customer further acknowledges that he/she is at risk of the Seller terminating the Contract, without prejudice to any civil or criminal penalties that he/she may incur in this respect.

6. Orders

It is the Customer's responsibility to select the Products on the Site that he/she wishes to order.

The contractual information is provided in French and is acknowledged at the latest when the Customer confirms the Order.

The Products advertised are available as long as they are visible on the Site, while stocks last.

The sale will only be considered final after the Customer has confirmed the payment.

An Order is placed on the Site when the Customer accepts the General Terms and Conditions by ticking the box provided for this purpose and confirms the Order. The Customer is able to check the details of the Order, its total price and correct any errors before confirming it (article 1127-2 of the French Civil Code). This confirmation implies acceptance of the full General Terms and Conditions and constitutes evidence of the sale contract.

It is therefore the Customer's responsibility to check the accuracy of the Order and to report any errors immediately.

The Seller reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to a previous Order.

The Seller does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse Orders for large quantities of the same Product with more than 20 identical items.

7. « OPTIMA Health" package »

The "OPTIMA Health" programme makes it easier to keep track of courses of treatments over the long term as recommended and allows Customers to obtain:

- discounts on the Products;

- free delivery of the Products;

- a guarantee of the price of the Products for the duration of the course of treatment;

- a delivery guarantee for the Product;

- a specific "satisfied or refunded" contractual guarantee as set out in Article 15 below.

The "OPTIMA Health" package allows the Customer to receive the treatment Products for the chosen duration (1 month, 2 months or 4 months) with FREE DELIVERY for each shipment. The Customer is therefore certain of receiving supplies as and when needed in order to reap the benefits of ongoing treatment courses.

At the end of the initial treatment period chosen, the Customer's course of treatment is renewed for a period identical to the initial period in order to provide the Customer with a continuous supply.

Payment is taken by direct debit for the same amount as the original Order.

The "OPTIMA Health" package may be amended, or temporarily or permanently stopped at any time by contacting the Seller. If the request to stop the service is provided to the Seller at the same time as the treatment Products are sent out, the Products will be refunded once they have been returned to the Seller.

8. Pricing

The Products are provided at the prices displayed on the Site when the Seller receives the Order. Prices are given in pounds including VAT.

Prices take into account any discounts that may be offered by the Seller on the Site.

These prices are binding and cannot be changed during their period of validity, as shown on the Site, the Seller reserves the right, outside this period of validity, to modify the prices at any time. These prices do not include handling, shipping, transport and delivery costs, which are charged in addition, subject to the conditions stated on the Site and calculated before the Order is placed.

The payment requested from the Customer is the total amount of the purchase, including costs.

An invoice is issued by the Seller and provided to the Customer on receipt of payment.

9. Payment terms

The price is payable in full on the day the Order is placed by a secure payment method, in accordance with the following terms and conditions:

- by bank card: Visa, MasterCard, American Express, other debit or credit cards, with the option of a recurring payment, if necessary as part of the "Optima Health" offer, as described in article 7 above;

- by Paypal.

Payments made by the Customer shall only be considered final after actual receipt by the Seller of the sums due.

In addition, the Seller reserves the right, in the event of failure to comply with the payment terms set out above, to suspend or cancel the delivery of outstanding Orders placed by the Customer.

No additional costs, other than the costs incurred by the Seller for the use of a payment method, may be charged to the Customer.

10. Delivery

The Products will be shipped within two full days of the Order to the delivery address provided by the Customer. The delivery date is stated in the Order, based on the delivery method chosen by the Customer.

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

Except in exceptional circumstances or unavailability of one or more Products, the Products will be delivered in a single shipment.

The Seller undertakes to do its utmost to deliver the Products by the date specified at the time of the Order. However, these dates are provided for information purposes only. If the Products have not been delivered within 14 days of the estimated delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. The sums paid by the Customer shall then be returned to him/her no later than fourteen days after the date the Contract is terminated, excluding any compensation or deduction.

The Customer is required to check the condition of the Products upon delivery. He/she has 2 days from the delivery date to report any complaints or concerns on the Site regarding any non-conformity or obvious defect of the Products delivered (for example, damaged parcel, already opened, etc.), with all the relevant supporting documents (photos in particular). After this period and in the event of failure to comply with these formalities, the Products shall be deemed to be compliant and free of any obvious defects and no claim shall be admissible by the Seller.

The Seller shall refund or replace as soon as possible and at its own expense, any Products of which the Customer has duly proved the non-conformity or obvious or latent defects, under the conditions provided for in Articles L. 217-4 et seq. of the French Consumer Code and those provided for in the General Terms and Conditions.

All time limits mentioned in the General Terms and Conditions are expressed in working days.

11. Customer service

For any general questions relating to an Order, the Customer may contact the Seller as follows:

- by filling in the contact form provided for this purpose on the Site;

- by e-mail to [email protected];

12. Customer obligations and responsibilities

12.1 Compliance with the General Terms and Conditions, regulations and applicable laws

In general, the Customer undertakes to comply with the following provisions in connection with the Order:

to refrain from taking any action that constitutes a violation of the rights of the Seller or any third party, in particular that would damage their reputation or intellectual property rights;

to refrain from undermining the integrity of the Site, or from using the tools made available for purposes unrelated to the Order, and from misuse of the same.

12.3 Obligation of verification

When using the secure payment system, the Customer must verify that his/her payment instructions have been carried out correctly.

13. Right of withdrawal

The Products displayed on the Site do not automatically have a right of withdrawal, in particular if the Product seal has been broken by the Customer (art. L. 221-28 of the French Consumer Code).

In accordance with the applicable legal provisions, the Customer has a period of fourteen days from receipt of the Product that may be subject to withdrawal to exercise his/her right of withdrawal with the Seller, with no need to state any grounds or pay any penalty, for exchange or refund, provided that the Product is in its unopened state and is returned in its original packaging in perfect condition within 14 days of notification to the Seller of the Customer's decision to withdraw from the contract.

Returns are made at the Customer's expense and must be in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be re-sold in new condition, accompanied by the purchase invoice.

Products that are unsealed, damaged, dirty or incomplete cannot be returned.

The right of withdrawal can be exercised:

- online, using the withdrawal form annexed to the General Terms and Conditions and available on the Site, in which case an acknowledgement of receipt on any durable media will immediately be sent to the Customer by the Seller;

- or by any other unambiguous declaration expressing the desire to withdraw sent to the following address:

Institut ActiScience - ASn'Co
18 Op Zaemer
L-4959 Bascharage
Luxembourg

Should the right of withdrawal be exercised within the aforementioned period, the price of the Product(s) and the delivery costs shall be refunded, the return costs being borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

14. Seller Liability - Guarantee

The Products comply with current French regulations and their performance is compatible with non-professional use.

The Products automatically and without additional payment, regardless of the right of withdrawal, under the conditions and in accordance with the procedures referred to in the text below and set out in an annex to the General Terms and Conditions in accordance with legal provisions, benefit from:

- a statutory conformity guarantee, for Products that are apparently defective, spoiled or damaged or do not correspond to the Order;

- a statutory guarantee against latent defects resulting from a defect in material, design or manufacture affecting the Products and rendering the same unfit for use.

Please note that as part of the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the goods to take action against the Seller;

- may choose between the repair or replacement of the Product, subject to the freedom granted to the Seller by Article L. 217-9 of the French Consumer Code;

- is not required to provide proof of the existence of the Product's lack of conformity during the 24 months following the delivery of the Product.

The Customer may decide to invoke the guarantee against latent defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, he/she may choose between cancelling the sale or reducing the sale price in accordance with 1644 of the French Civil Code.

In order to assert his/her rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or the discovery of any latent defects and return the defective Products in the state in which they were received with all the relevant parts (accessories, packaging, instructions, etc.).

The Seller shall refund, replace or arrange the repair of Products or parts under warranty deemed to be non-compliant or defective and shall refund the return costs incurred by the Customer upon presentation of supporting documents.

Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's recognition of the non-conformity or latent defect.

The refund will be carried out either by crediting the Customer's bank account or by sending a bank cheque to the Customer.

The Seller cannot be held liable in the following cases:

- misuse;

- professional use;

- negligence or lack of maintenance;

- normal wear and tear of the Product;

- accident or force majeure.

The Seller's guarantee is in any event limited to the replacement or refund of Products that do are non-compliant or defective.

15. « Satisfied or refunded » guarantee

The Customer is covered by a "satisfied or refunded" guarantee which allows a refund or exchange within 90 days of purchase of the Product if the Customer is not satisfied with the result.

The Products must be returned to the following address:

Institut ActiScience - ASn'Co
18 Op Zaemer
L-4959 Bascharage
Luxembourg

Exchange : to be eligible for an exchange, the Customer must return the new Products in their original packaging, accompanied by any accessories, gifts, instructions for use and documentation and the purchase invoice

Refund : to be eligible for a refund, the Customer must return the Products, whether or not they have been opened, together with the purchase invoice.

The Customer must ensure that he/she uses a shipping method for the Products that allows the Products and their delivery to the Seller to be tracked. Only the Products received by the Seller may be covered by this guarantee.

On receipt of the Products, the Seller will refund only the Products not including delivery costs.

The guarantee is limited to one Order per year.

16. Personal data

16.1 General provisions

Pursuant to Law No. 78-17 of 6 January 1978 on information technology, files and freedom, it is hereby reiterated that the personal data requested from the Customer is necessary for the processing of the Order and for the preparation of invoices, in particular.

This data may be disclosed to any partners of the Seller responsible for the completion, processing, management and payment of Orders.

The processing of information provided through the Site complies with legal requirements for the protection of personal data, and the computer system used ensures that such data is properly protected.

In accordance with national and European regulations in effect, the Customer has a right of permanent access, modification, correction, opposition, portability and processing limitation in respect of his or her personal data.

This right may be exercised in accordance with the conditions and procedures set out on the Site.

Data relating to the Customer may be stored and archived confidentially by the Seller by clicking on this link.

16.2 Right of access, correction and opposition

The information collected through the Site is saved in a computer file by the Seller for the purpose of enabling the Order to be fulfilled. It is retained for a period of 3 years prior to being archived for a period equal to the legal prescription of action in respect of the Order.

In accordance with Law No. 78-17 of 6 January 1978 as amended, the Customer has the right at any time to access, modify, correct and delete any data concerning him/her. He/she can exercise this right by sending:

- an email to the following address: [email protected]

- a postal letter to the following address: 12-14 Rond Point des Champs Élysées - 75008 PARIS.

Requests made in this way must be accompanied by a copy of an identity document in order to be processed by the Seller.

In addition, in accordance with the provisions of the aforementioned law, the Customer may:

- object on legitimate grounds to the processing of certain personal data concerning him/her;

- at no cost, oppose the Seller's use of the data concerning him/her for marketing purposes, in particular for sales purposes;

- question the data controller, in this case the Seller, with a view to obtaining (i) confirmation of whether any of his/her personal data is included in a file, (ii) information relating to the purposes of the file, the categories of personal data collected and the recipients to whom the data may be disclosed, (iii) the provision of his/her personal data and any available information as to its origin, in an accessible form;

- by virtue of the right of rectification, require the file manager to correct, complete, update or delete, as the case may be, personal data relating to him/her which is inaccurate, incomplete, ambiguous, outdated or the collection, use, disclosure or retention of which is prohibited.

Data relating to the Customer may be stored and archived confidentially by the Seller by clicking on this link.

16.3 Use of cookies

In order to improve the quality of its service and better meet the expectations of its Customers, the Seller may collect personal data relating to the Customer, in particular through the use of cookies.

Data relating to the Customer may be stored and archived confidentially by the Seller by clicking on this link

Cookies are small information files that record data, to which the Seller may have access, relating to Customer browsing (pages viewed, date and time of viewing, etc.) in order to improve access to the Site, in particular to make navigation easier.

17. Intellectual property

The content of the Site is the property of the Seller and is protected by French and international laws relating to intellectual property.

Any reproduction, in whole or in part, of such content is strictly prohibited and may constitute an infringement of copyright.

In addition, the Seller shall retain ownership of all intellectual property rights to photographs, displays, studies, drawings, designs, models, prototypes, etc., made ( including at the Customer's request) for the purpose of providing the Services to the Customer. The Customer shall therefore refrain from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make the same subject to a financial consideration.

18. Termination of the Contract

18.1 Termination due to force majeure

Automatic termination on grounds of force majeure may, notwithstanding the clause set out below relating to Termination due to failure by one of the parties to fulfil its obligations, only take place "Number" days after the first delivery of a formal notice, served by registered letter with acknowledgement of receipt or any extrajudicial document to the delivery address.

However, this formal notice must state the intention to apply this clause.

18.2 Provisions comon to all cases of termination

It is expressly agreed between the Parties that the party liable for any payment obligation under the Contract shall be duly served with formal notice by the mere acceleration of the obligation, in accordance with the provisions of article 1344 of the French Civil Code.

19. Amendment to the General Terms and Conditions

The Seller may at any time unilaterally modify the General Terms and Conditions, which the Customer expressly acknowledges and accepts.

In the event of such an amendment, the general terms and conditions applicable shall be those in effect on the date of the Order.

The Seller reserves the right to suspend or discontinue the Site at any time. In the event of a permanent discontinuation of the Site, the Seller undertakes to complete the outstanding Orders in full.

20. Agreement of proof

In addition to the legal provisions recognizing the probative value of digital documentation, the Customer acknowledges the validity and probative value of e-mails, SMS messages, and notifications sent to and from the Seller via the Site, digital documents exchanged between the same in connection with the Order, as well as any electronic records kept by the Seller.

This agreement has neither the effect nor the purpose of limiting any other means of proof available to the Customer.

21. Applicable law - Language

The General Terms and Conditions and the consequent transactions are governed by and subject to French law.

The General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.

22. Disputes

In the event of a dispute relating to the Order, the Customer shall first contact the Seller by any means made available as set out in Article 11 above.

The Customer is informed that he/she may in any event make use of conventional mediation, in particular with the Commission de la médiation de la consommation (French Consumer Code article L 612-1) or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Any dispute that may arise in connection with the purchase and sale transactions entered into pursuant to the General Terms and Conditions, relating to their validity, interpretation, execution, termination, consequences and effects, which cannot be resolved, shall be brought before the competent courts under the conditions of ordinary law.

Should the Customer find that the general data protection regulations have been violated, he/she may instruct an association or body as referred to in Article 43b(IV) of Law No. 78-17 of 6 January 1978 on data processing, files and freedom to seek compensation from the data controller or processor before a civil or administrative court or before the National Commission on Data Protection and Freedom.

23. Pre-contractual information - Customer acceptance

The Customer acknowledges having received, prior to placing the Order and entering into the Contract, the General Terms and Conditions and all the information referred to in Article L 221-5 of the French Consumer Code, in a readable and comprehensible format, and in particular the following information:

- the key features of the Product, bearing in mind the communication media used and the Product;

- the price of the Products and related costs, in particular delivery costs;

- in the absence of immediate fulfilment of the Contract, the date or deadline by which the Seller undertakes to deliver the Product;

- information relating to the identity of the Seller, their postal address, telephone and email contact details, and their business activities;

- information on legal guarantees and how they are applied;

- the potential for traditional mediation in the event of a dispute;

- information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), costs of returning the Products, termination procedures and other important contractual conditions;

- the means of payment accepted.

Annex I
Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that may exist at the time of delivery. He/she shall also be liable for any non-conformity resulting from packaging, assembly instructions or installation where the latter has been entrusted to him/her under the contract or that has been carried out under his/her responsibility.

Article L217-5 of the French Consumer Code

To be compliant with the contract, the goods must:

1. 1. be fit for the use usually expected of similar goods and, if applicable:

- correspond to the description given by the seller and possess the features that the seller presented to the buyer in the form of a sample or model;

- have the qualities that a buyer can legitimately expect based on public statements made by the seller, the manufacturer or his/her representative, in particular in advertising or labelling;

2. either have the features mutually agreed between the parties or be fit for any specific use desired by the buyer, which was made known to the seller and which the latter had accepted.

Article L217-12 of the French Consumer Code

Any action as a result of non-conformity shall be barred after two years from the date of delivery of the goods.

Article L217-16 of the French Consumer Code

Should the buyer request a repair covered by the guarantee from the seller during the term of the commercial guarantee granted to him/her when purchasing or repairing movable property, any non-operational period of seven days or longer shall be added to the remaining period of the guarantee. This period shall run from the date of the buyer's request for assistance or the date on which the goods in question are made available for repair, if this is later than the date of the request for assistance.

Article 1641 of the French Civil Code

The seller is bound by the guarantee with regard to latent defects in the item sold that make it unfit for the use for which it is intended, or that reduce such use to the extent that the buyer would not have acquired the same, or would have only paid a lower price, if he/she had been aware of such defects.

Article 1648 paragraph 1 of the French Civil Code

Any action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Annex II
Withdrawal form

Order withdrawal request.

(Articles L. 221-18 et seq of the French Consumer Code)

If you are not completely satisfied with the Product you have purchased through one of our Distance Selling methods, you have 14 days from the receipt of your Product to exercise your right of withdrawal by completing this form expressing your desire to withdraw and sending it to us at the following address:

Institut ActiScience - ASn'Co
18 Op Zaemer
L-4959 Bascharage
Luxembourg

You must then return the products ordered to us, without any compensation, at the latest within 14 days following the notification of your decision to withdraw, in their original and complete condition (packaging, accessories, instructions...) to the same address.

You can download the withdrawal form, click here.