Last updated: March 4, 2025
Preamble
These general terms and conditions of sale (hereinafter the « General Terms » or « GTC ») apply to any purchase made by a natural person (hereinafter the « Customer ») on the website: https://rollup-performance.com (hereinafter the « Site ») from Phythoral, a public limited company registered with the Commercial Register of the Canton of Geneva under number CHE-281.489.166, with its registered office at Rue des Paquis 11, 1201 Geneva, SWITZERLAND, e-mail: contact@rollup-performance.com (hereinafter « Phythoral« ).
Phythoral is a Swiss company specializing in the trade of natural dietary supplements and cosmetics.
These general terms and conditions of sale are intended to govern the sale and delivery of products ordered from Phythoral via the Site https://rollup-performance.com.
They are accessible and printable at any time on the website https://rollup-performance.com.
IMPORTANT
Any order placed on the site necessarily implies the Customer’s unconditional acceptance of these general terms and conditions (GTC).
Article 1. Definitions
The terms used below have the following meanings in these General Terms and Conditions:
- • « Customer »: refers to any person who places an order for a product.
- • « Order »: refers to the purchase of product(s) by a Customer on the Site who accepts the GTC without restriction.
- • « Parties »: refers to Phythoral and the customers who have placed an order.
- « Delivery »: refers to the first presentation of the Products ordered by the Customer at the delivery address indicated when placing the Order.
- « Products »: refers to all the Products sold by Phythoral on the Site https://rollup-performance.com. The products are dietary supplements or cosmetics.
- « Site »: refers to the website https://rollup-performance.com
Article 2. Purpose
These General Terms and Conditions govern the sale of Products by Phythoral via the Site https://rollup-performance.com
The Customer is clearly informed and acknowledges that the Site is intended for consumers only.
If you are a professional, you may contact Phythoral by email at the following address: contact@rollup-performance.com
Article 3. Acceptance of the General Terms and Conditions
The Customer undertakes to read these General Terms and Conditions carefully and accept them before proceeding to payment for a Product Order placed on the Site.
These General Terms and Conditions are referenced at the bottom of each page of the Site via a link and must be reviewed before placing an Order. The Customer is invited to read the General Terms and to keep a copy. They may also be downloaded and printed.
Phythoral advises the Customer to read the General Terms for each new Order as they may be subject to changes. The latest version of said Terms applies to all new Product Orders.
By clicking the buttons to place an Order and then proceeding to payment to confirm said Order, the Customer acknowledges having read, understood, and accepted the General Terms without limitation or condition.
Article 4. Nature of the Products
Phythoral specializes in the marketing of dietary supplements, essential oils, and cosmetics.
Article 5. Purchase
To purchase a Product, the Customer must be at least 18 years old and have legal capacity.
Article 5.1. Definition of Products
The Products offered for sale are those displayed on the Site on the day it is accessed by the Customer. Phythoral reserves the right to modify its Product offer at any time.
The essential characteristics of the Products sold are presented to the Customer on the Site. The Customer can review them at any time before confirming their Order.
Phythoral presents the Products on the Site with the utmost care. The photographs and graphics representing the Products are non-contractual.
The Customer is clearly informed that the Products sold on the Site are not medicines but rather:
- Dietary supplements, as defined by Directive 2002/46/EC of June 10, 2002, and duly declared to the competent authorities,
- Cosmetic products, in accordance with the definition and regulations established by Regulation (EC) No 1223/2009 of November 30, 2009.
The Products sold by Phythoral are therefore not intended to diagnose, prevent, or treat any diseases.
In case of illness or any medical condition, Phythoral and its customer service team strongly recommend that Customers consult a healthcare professional.
Certain population groups, identified by authorities as requiring special guidance—particularly pregnant or breastfeeding women, children under 12 years of age, and individuals undergoing medical treatment—are advised not to consume dietary supplements unless directed to do so by their physician or a licensed healthcare professional.
Phythoral recommends that Customers consult appropriate healthcare professionals for any questions related to their health and well-being, including:
- Making any adjustments to currently used medication or treatment;
- Discontinuing any current medication or treatment;
- Starting a new medication or treatment;
- Combining the use of multiple Products.
Article 5.2. Products and Stock Availability
The Products are offered for sale and delivered subject to availability. Phythoral cannot guarantee the availability of the Products shown on the Site.
In the event of unavailability of the ordered Product, Phythoral will inform its Customers by email.
Phythoral may then offer the Customer the following options:
- To wait for the next production of the product;
- To receive a refund upon request as soon as possible and no later than thirty (30) days from payment of the Order.
It is specified that aside from the refund of the price of the unavailable Product(s), Phythoral is not liable for any compensation for the cancellation of the Order.
Article 6. Order
Article 6.1. Product Characteristics
Phythoral undertakes to present the essential characteristics of the products and the mandatory information that the Customer must receive under applicable law.
These characteristics and information appear on the product sheets available on the Website and include in particular the description, ingredients, conditions of use and recommendations.
The Customer agrees to read this information carefully before placing an Order on the Website.
- Standard offer: the Customer places an order for one or more individual Products, under standard sales conditions.
Regardless of the selected offer, the customer receives Phythoral‘s marketing communications by default and free of charge.
The customer may contact customer service at any time to stop receiving communications from Phythoral.
The Products sold on the Website comply with French and European legislation.
Article 6.2. Order Procedure
Product orders are placed directly on the Website. To place an Order, the Customer must follow the steps described below (please note that depending on the Customer’s start page, the steps may vary slightly).
6.2.1 Order Procedure
Product orders are placed directly on the Website. To place an Order, the Customer must follow the steps described below (please note that depending on the Customer’s start page, the steps may vary slightly).
6.2.2 Orders
The customer selects the desired Product(s) and quantity. They are placed in the shopping cart.
If applicable, a promotional code is entered, then the customer clicks on « Apply discount ».
Once the Customer has validated the contents of the cart, a summary form showing the price and applicable taxes is displayed.
The Customer is also invited to complete the delivery address.
The Customer is invited to verify the contents of the order (including quantity, characteristics and references of the Products ordered, delivery address, billing address, payment method and price) before confirming. They must first check the box indicating that they have read and accepted the terms and conditions (T&Cs).
The Customer can then proceed with payment by following the Website instructions and providing all necessary billing and delivery information.
6.2.3 Acknowledgement of receipt
Once all the above steps are completed, a page appears on the Website acknowledging receipt of the Customer’s Order. An acknowledgment of receipt is automatically sent to the Customer by email, provided the email address given in the registration form is correct.
The Order summary can be printed by the Customer.
6.2.4 Invoicing
During the ordering process, the Customer must enter the billing information (fields marked with an asterisk (*) are mandatory for the Order to be processed by Phythoral).
The Customer must also indicate the chosen method of payment.
The customer receives their invoice when the order is confirmed.
Article 6.3. Order Date
The order date is the date on which Phythoral confirms the order on the Website. The indicated timelines on the Website begin from this date.
Article 6.4. Price
For all Products, the Customer will find prices displayed in euros, inclusive of all taxes, along with applicable delivery charges.
The prices include value-added tax (VAT) at the rate in effect on the Order date. Any change to the applicable rate may affect the Product prices as of the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the sale value of the Product.
Phythoral‘s supplier prices may be subject to change. As a result, the prices displayed on the Website may change. They may also be modified in the case of special offers or sales.
The displayed prices are valid unless there is a clear error. The applicable price is the one shown on the Website at the date the Order is placed by the Customer.
Article 6.5. Product Availability
Phythoral undertakes to deliver the Product on the date or within the time frame indicated to the Customer, unless otherwise agreed between the parties.
Product unavailability is generally indicated on the relevant Product page.
In any case, if unavailability was not specified at the time of the Order, Phythoral undertakes to inform the Customer promptly if the Product is unavailable.
If the Customer decides to cancel their Order for unavailable Products, they will be reimbursed for all amounts paid for those Products within no more than fourteen (14) days from the contract cancellation date.
Article 7. Right of Withdrawal
In accordance with Article L.221-28 of the Consumer Code, it is reminded that the right of withdrawal does not apply to Products which:
- have been opened or unsealed and cannot be returned for reasons of hygiene or health protection (as well as any edible Product, whose packaging or container has been opened, cannot be subject to a right of withdrawal).
Principle of withdrawal
The Customer basically has the right to withdraw by returning or handing back the Product to Phythoral, without giving any reason.
For this, the Product must be returned or handed back no later than fourteen (14) days following the communication of their decision to withdraw.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you or a third party other than the carrier and designated by you, physically takes possession of the good.
If the Customer ordered several Products through a single Order resulting in multiple deliveries (or in the case of an Order of a single Product delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which you or a third party other than the carrier and designated by you, physically takes possession of the last good.
In the case of delivery of the Product in several lots or pieces, the withdrawal period will expire fourteen (14) days after the day on which you or a third party other than the carrier and designated by you, physically takes possession of the last lot or piece.
Notification of the right of withdrawal
To exercise the right of withdrawal, the Customer must notify their decision to withdraw by means of an unequivocal statement (for example, a letter sent by post or email) to: contact@rollup-performance.com.
They may also use the form below to be sent back to Phythoral: contact@rollup-performance.com
“I hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Reference: __________________
Invoice Number: _______________________
– Ordered on [____________] / delivered on [________________]
– Payment method used:
– Customer’s name and, if applicable, the beneficiary of the order: __________________
– Customer’s address: __________________
– Customer’s signature (except in case of email transmission)
– Date »
For the withdrawal period to be respected, the Customer must send their communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
In case of withdrawal by the Customer, Phythoral commits to refund all amounts paid without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw (Article L.221-24 of the Consumer Code).
Phythoral may withhold the reimbursement until it has received the Products back or the Customer has provided proof of shipment of the Products, whichever occurs first.
Phythoral will proceed with the reimbursement using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed to use another method and provided that the reimbursement does not incur any fees for the Customer.
Return conditions
The Customer must, in any case, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to Phythoral. This period is deemed respected if the Customer returns the goods before the expiration of the fourteen (14) day period.
Return costs
The Customer must bear the direct costs of returning the goods.
If the goods, due to their nature, cannot normally be returned by post and were delivered to the Customer’s home at the time of the conclusion of the contract, we will collect the goods at our own expense.
Condition of returned goods
The Product must be returned following the instructions of Phythoral and must include all delivered accessories.
The Customer’s liability is only engaged for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Provision of services fully performed before the end of the withdrawal period and whose execution has begun after the consumer’s prior express consent and explicit waiver of their right of withdrawal
- Provision of goods or services whose price depends on fluctuations in the financial market
- Provision of goods made to the consumer’s specifications or clearly personalized
- Provision of goods liable to deteriorate or expire rapidly
- Provision of audio or video recordings or sealed software which have been unsealed after delivery
- Newspapers, periodicals, magazines (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Provision of goods which by their nature are inseparably mixed with other items
- Provision of sealed goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by the consumer after delivery
- Provision of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose actual value depends on fluctuations in the market beyond the seller’s control
- Provision of digital content not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent, who has also acknowledged that they thereby lose their right of withdrawal
- Urgent repair or maintenance work to be carried out at the consumer’s home, expressly requested by them, limited to necessary spare parts and work to meet the urgency
- Contracts concluded at a public auction
Article 8. Satisfaction or Money-Back Guarantee
Phythoral offers a more advantageous right than the withdrawal right through its Satisfaction or Money-Back Guarantee.
The Satisfaction or Money-Back Guarantee applies without limitation and allows the Client to obtain a refund of the price of any unopened Product returned, as well as one (1) opened box of the same Product, at any time and without justification. Opened Product(s) returned will then be destroyed.
Phythoral will fully refund the Client for the corresponding amounts (excluding return shipping costs, taxes, and possible customs duties).
In the case of a partial return, the refund will cover the number of boxes returned (only one box may be opened among them).
For example, for an Order of six (6) boxes of the same Product, of which three (3) are returned intact by the Client, the refund will cover 50% of the Order, i.e., the three (3) boxes returned.
It is recommended that the Client return the box(es) using a tracked shipping method. Refunds for boxes not received will be impossible. Return costs, taxes, and possible customs duties are borne by the Client.
When returning, it is necessary to specify the Order number.
The Client may not request the application of the Satisfaction or Money-Back Guarantee in cases of abuse such as requests for refund of an Order of multiple completely emptied boxes, multiple refund requests, etc. The abusive nature of a use remains at the sole discretion of Phythoral.
The return package should be sent to the following address:
Luxroutage c/o Phythoral
BP 90312
57126 Thionville CEDEX, France
Article 9. Payment
Article 9.1. Payment Methods
The Client can pay for their Products online on the Site using the methods offered by Phythoral, namely:
- Credit card (Visa, Mastercard, American Express). Payments are secured through the Stripe solution.
- Paypal
The Client guarantees to Phythoral that they have all the required authorizations to use the chosen payment method.
Phythoral will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of online payment on the Site.
It is specified that all payment information provided on the Site is transmitted to the online payment solution and is not processed on the Site.
Article 9.2. Payment Date
In case of a single credit card payment, the Client’s account will be debited as soon as the Product Order is placed on the Site.
If the Client decides to cancel their Order of unavailable Products, the refund will be made in accordance with the General Conditions.
Article 9.3. Payment Refusal
If the bank refuses to debit a card or other payment method, the Order will be canceled and the sale automatically terminated.
Article 10. Proof and Archiving
Any contract concluded with the Client corresponding to an order amounting to more than 120 euros including VAT will be archived by Phythoral for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
Phythoral agrees to archive this information to ensure transaction tracking and to provide a copy of the contract at the Client’s request.
In case of dispute, Phythoral will have the possibility to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 11. Transfer of Ownership
Phythoral remains the owner of the Products delivered until full payment by the Client.
The above provisions do not prevent the transfer to the Client, upon receipt by them or by a third party designated by them other than the carrier, of the risks of loss or damage of the Products subject to the retention of title, as well as the risks of damage they may cause.
Article 12. Delivery
Delivery of the ordered Product(s) is made to the address indicated by the Client as the shipping address during the Order process.
Delivery Terms
The delivery times are:
- Mainland France: 4 to 8 business days
- Europe: 5 to 10 business days
- Rest of the World and Overseas Territories: 10 to 20 business days
In case of parcel return for customs reasons, no refund will be made.
Products are shipped to the delivery address(es) provided by the Client during the order process.
Shipping Time:
The time to prepare an order and issue the invoice before shipping Products in stock is 24 hours. These times exclude weekends or public holidays.
Delivery fees: The amount of these costs will be payable by the Client in addition to the price of the Products purchased.
Delivery Issues:
Deliveries will be made within a maximum of thirty (30) days. If not, the Client must formally request Phythoral to deliver within a reasonable period and in case of non-delivery within this period, may terminate the contract.
Phythoral will refund, without undue delay from receipt of the termination letter, the Client the total amount paid for the Products, including taxes and delivery fees, using the same payment method that the Client used to purchase the Products.
Phythoral is responsible until the delivery of the Product to the Client. It is reminded that the Client has a period of three (3) days to notify the carrier of any damages or partial losses observed during delivery.
Article 13. Packaging
The Products will be packaged in accordance with current transportation standards, to ensure maximum protection for the Products during Delivery as well as their preservation at the proper temperature.
Clients commit to respecting the same standards when returning Products.
Article 14. Warranties
Aside from the commercial warranties that Phythoral may offer for certain Products, every Client benefits from « legal » warranties for all Products, which are detailed below.
Article 14.1. Warranty of conformity
Article L. 217-4 of the Consumer Code: « The seller delivers a good that conforms to the contract and is responsible for any non-conformity defects existing at the time of delivery.
They are also responsible for non-conformity defects resulting from packaging, assembly instructions, or installation when these have been assigned to them by the contract or carried out under their responsibility« .
Article L.217-5 of the Consumer Code: « The good conforms to the contract:
1. If it is suitable for the usual use expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect based on public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by them« .
Phythoral may be liable for non-conformity defects existing at the time of delivery and for non-conformity defects resulting from packaging, when this has been assigned to or carried out under its responsibility.
Claims arising from non-conformity defects must be made within two (2) years from the delivery of the Product. (Article L.217-12 of the Consumer Code)
In case of non-conformity, the Client may request the replacement or repair of the Product, at their choice. However, if the Client’s choice cost is manifestly disproportionate compared to the other available option, considering the value of the Product or the significance of the defect, Phythoral may proceed with a refund without following the Client’s chosen option.
If replacement or repair is impossible, Phythoral agrees to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and upon the Client sending the Product back to the following address:
Luxroutage c/o Phythoral
BP 90312
57126 Thionville CEDEX, France
Finally, the Client is exempt from proving the existence of the Product’s non-conformity defect during the twenty-four (24) months following delivery, except for second-hand goods where this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal warranty of conformity applies independently of any commercial warranty granted, if applicable, on the Products.
Article 14.2. Warranty against hidden defects
Phythoral is liable for the warranty regarding hidden defects of the sold Product which make it unfit for its intended use, or which diminish this use so much that the Client would not have acquired it, or would have paid a lower price for it, if they had known about them. (Article 1641 of the Civil Code)
This warranty allows the Client who can prove the existence of a hidden defect to choose between a refund of the Product price if it is returned, or a partial refund if the Product is not returned.
If replacement or repair is impossible, Phythoral agrees to refund the price of the Product within thirty (30) days upon receipt of the returned Product and upon the Client sending the Product back to the following address:
Luxroutage c/o Phythoral
BP 90312
57126 Thionville CEDEX, France
Claims arising from hidden defects must be filed by the Client within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 15. Liability
Phythoral‘s liability can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Client, particularly during order placement.
Phythoral cannot be held responsible or considered to have failed herein for any delay or non-performance where the cause of delay or non-performance is linked to a force majeure event as defined by the jurisprudence of the Swiss courts and tribunals.
It is also specified that Phythoral does not control websites directly or indirectly linked to the Site by external links. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only and no guarantee is given regarding their content.
The Client acknowledges and declares they alone judge the appropriateness and suitability of the Products they order. Phythoral cannot be held liable for any use of the Products that is not in accordance with their intended purpose and/or disregards the usage advice. It is recommended that the Client seeks advice from a healthcare professional.
The Site Manager reserves the right to suspend the operation of the Site at any time.
Article 16. FORCE MAJEURE
Phythoral‘s liability cannot be invoked if the non-performance or delay in performing any of its obligations described herein results from a force majeure event.
There is force majeure in contractual matters when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time of contract conclusion and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies contract termination. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under articles 1351 and 1351-1 of the Civil Code.
In the event of occurrence of one of the aforementioned events, Phythoral will endeavor to inform the Client as soon as possible.
Article 17. Personal Data
You have the option to register for free on the opposition list to BLOCTEL telephone solicitation to no longer be solicited by phone by a professional with whom you do not have a current contractual relationship, in accordance with law n°2014-344 of March 17, 2014 relating to consumer protection.
Every consumer has the possibility to register for free on this list.
Phythoral collects personal data on the Site concerning its Clients, including through cookies. Clients can disable cookies by following the instructions provided by their browser.
The data collected by Phythoral is notably used to process Orders placed on the Site, manage the Client’s Account, analyze Orders and, if the Client has expressly chosen this option, send them commercial prospecting emails, newsletters, promotional offers, and/or information on special sales, unless the Client no longer wishes to receive such communications from Phythoral. Clients can unsubscribe at any time by clicking on the hyperlink provided at the bottom of each offer received by email.
The Client is invited to consult Phythoral‘s Privacy Statement accessible here which provides further information regarding the protection of personal data, data processing via the Site, and how to exercise their rights.
Article 18. Complaints – CUSTOMER SERVICE
Any written complaint from the Client must be sent by email to: contact@rollup-performance.com
Article 19. Intellectual Property
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark law, and/or patents.
These elements are the exclusive property of Phythoral. Anyone who manages a website and wishes to create a direct hyperlink to the Site must obtain authorization from Phythoral.
This authorization from Phythoral will never be granted on a permanent basis. This link must be removed upon request by Phythoral. Hyperlinks to the Site using techniques such as framing or inline linking are strictly prohibited.
Any total or partial representation or reproduction of the Site and its content, by any means whatsoever, without the prior express authorization of Phythoral is prohibited and constitutes an infringement punishable under the provisions of the Intellectual Property Code.
Acceptance of these Terms and Conditions signifies the Client’s recognition of the intellectual property rights of Phythoral and commitment to respect them.
Article 20. Validity of the General Terms and Conditions
Any change in the applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such a change or decision does not, under any circumstances, authorize Clients to disregard these General Terms and Conditions.
Article 21. Modification of the General Terms and Conditions
These General Terms and Conditions apply to all purchases made online on the Site, as long as the Site is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by Phythoral at any time. The applicable General Terms and Conditions are those in effect at the time of the order.
Changes made to the General Terms and Conditions will not apply to Products already purchased.
Article 22. Jurisdiction and Law
THE PRESENT GENERAL TERMS AND CONDITIONS AS WELL AS THE RELATIONSHIP BETWEEN THE CLIENT AND Phythoral ARE GOVERNED BY SWISS LAW. IN CASE OF DISPUTE, ONLY SWISS COURTS SHALL HAVE JURISDICTION.
However, prior to any recourse to arbitration or state courts, the Client is invited to contact the complaint service of Phythoral. If no agreement is reached or if the Client demonstrates having previously attempted to resolve the dispute directly with Phythoral by a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of fairness and good faith to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including regarding its validity.
To initiate this mediation, the Client can contact Phythoral‘s mediator at: contact@rollup-performance.com
The party wishing to initiate the mediation process must inform the other party beforehand by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
Since mediation is not mandatory, the Client or Phythoral may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH COULD HAVE BEEN SUBJECT TO MEDIATION SHALL BE SUBMITTED TO THE SWISS JURISDICTIONS.
