General terms and conditions of online sale
Legal information
Laboratoire Eupeptis is a Société par Actions Simplifiées (simplified joint stock company) with a capital of 150,000 euros, registered with the Bordeaux Trade and Companies Register under number 892 619 909 00013, having its registered office at 2 allée du Doyen Georges Brus 33600 Pessac, France, and with an intra-community VAT number FR42892619909, represented by its Chairman, Jean-Luc Pougnas.
Eupeptis Laboratory’s e-mail address is contact@eupeptis.com. The activity of the Eupeptis Laboratory is the distribution of food supplements (hereinafter referred to as the “Products”) on the Internet via the www.eupeptis.com website (hereinafter referred to as the “Website”). The Site is owned and published by the Eupeptis Laboratory. The publication director is Jean-Luc Pougnas. The Site is hosted by Kinsta Inc, whose registered office is located at 8605 Santa Monica Blvd #92581 West Hollywood, CA 90069 – United States.
Eupeptis is a member of Adelphe for the recycling contribution, the EPR number is as follows: FR350305_01ODYB
General principles
These General Terms and Conditions of Sale define the terms and conditions of online sales concluded between Laboratoire Eupeptis and any consumer making a purchase via the Site. They are written in French in their original version, which alone shall be deemed authentic and shall prevail over any other version. These General Conditions of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the Site at any time and are systematically submitted to the Customer before any order is placed and when the order is registered. When a Customer Account is opened, clicking on the “ I accept the general terms and conditions of sale” button indicates the Customer’s consent to the application of these general terms and conditions of sale. The Customer declares that he/she is aware of the following provisions before placing an order for Products. Consequently, placing an order implies the Customer’s full and unreserved acceptance of these General Terms and Conditions of Sale. A printed version of the General Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Terms and Conditions of Sale in the same way and under the same conditions as any other written document kept in paper format. The fact of not exercising, at any time, a prerogative recognised by the present General Terms and Conditions of Sale, or of not requiring the application of any stipulation of the agreement resulting from the said Terms and Conditions may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise the said prerogative in the future, or of the right to require the scrupulous performance of the commitments entered into herein. Should any of the terms of the General Terms and Conditions of Sale be considered illegal or unenforceable by a court decision, the other provisions shall remain in force.
Modification of the online General Terms and Conditions of Sale
In view of possible changes to the Site, the Eupeptis Laboratory reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Consequently, Laboratoire Eupeptis invites the Customer to consult the General Conditions of Sale before any new order. The General Terms and Conditions of Sale then in force shall be applicable to all orders placed from the date they are placed online.
Legal age and capacity
The Customer declares that he/she is legally capable of entering into this Contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she is of legal age and not under guardianship or curatorship.
Products
The essential characteristics of the Products are described for each Product on the Site. They were presented to the Customer prior to the order, as part of the pre-contractual information provided to the Customer.
Customer account
In order to place an order online on the Site, it is necessary to create a Customer Account. To create their account, Customers will be asked to enter their first name, surname, telephone number, e-mail address and delivery address. Once the Customer Account has been created, a confirmation e-mail summarising the information provided will be sent to the Customer’s e-mail address. The Customer undertakes to provide Eupeptis Laboratory with accurate, up-to-date and complete data and to maintain its accuracy. The Customer undertakes not to create an account under a false identity. It is the Customer’s responsibility to update the data concerning him.
Ordering
Orders can only be placed via the Site.
It is hereby specified that ALL ORDERS MADE ON THE WEBSITE ARE ORDERS REQUIRING PAYMENT.
Any order implies acceptance of the description of the Products and the prices in force on the day of the order. The photos shown on the site are not contractual.
To place an order online on the Site, the Customer must :
- Fill your basket with one or more Products;
- Log in with their e-mail address and password if they already have a Customer Account, or create a Customer Account;
- Enter the billing and/or delivery address;
Once the order has been completed, the Customer can check the Products ordered, the total price of the order and the terms and conditions of the order. They choose their method of payment. If necessary, they may modify their order or go back over it before finally confirming it.
The order will not be definitively recorded until the last validation of the order summary screen. This action is equivalent to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code. As from this action :
- The Customer confirms his/her order and declares that he/she accepts the order and these General Terms and Conditions of Sale in full and without reservation; and
- The order is considered irrevocable and can only be challenged in the cases exhaustively provided for herein.
The Customer may print out the order form corresponding to their order.
Order confirmation
As soon as the Customer has registered his/her order, a detailed acknowledgement of receipt will be sent to the e-mail address previously provided. This acknowledgement of receipt specifies the exact amount invoiced, the indication of the products ordered and their quantity, the terms of delivery of the order and refers to these General Terms and Conditions of Sale. This acknowledgement of receipt constitutes acceptance of the order by Laboratoire Eupeptis and shall validate the transaction. The Customer accepts that the order registration systems are proof of the purchase and its date. By keeping this e-mail and/or printing it, the Customer holds proof of his order which the Eupeptis Laboratory recommends that he keep.
This e-mail confirms that the Customer’s order has been taken into account by Laboratoire Eupeptis and not that the Product ordered is available.
Laboratoire Eupeptis undertakes to honour online orders only while stocks last.
In the event of unavailability, the Eupeptis Laboratory undertakes to inform the Customer by e-mail as soon as possible. In the event of unavailability of the Product ordered, the Customer shall have the option of either cancelling or modifying the order. In the event of cancellation due to unavailability, the Customer shall be reimbursed within seven (7) days of receipt of its cancellation request.
Prices
ORDERS ON THE WEBSITE ARE ORDERS REQUIRING PAYMENT. The prices of the Products are indicated in euros, all taxes included. They include the VAT applicable in France on the date of the order.
The prices advertised do not include delivery costs, which are in principle payable by the Customer, in accordance with the provisions of article 9 below.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Access to the Site is via the Internet. The cost of accessing the Internet by means of a remote communication service shall be borne by the Customer.
Shipping costs
The cost of carriage/return shall be borne exclusively by the Customer, except in the limited circumstances set out in article 12 hereof, relating to the non-conformity or defect of the Product. They include the processing of the order and packaging.
However, by derogation and when indicated on the Site, the cost of initial delivery in mainland France may be covered by Laboratoire Eupeptis.
Payment
Payment of the order is understood to be cash on the day of the order. Payment within the meaning of this article shall be deemed to have been made when the funds are actually made available to Laboratoire Eupeptis.
Terms of payment
Invoices are payable in euros at the headquarters of Laboratoire Eupeptis. Payment shall be made online with the order by bank card or PayPal under the following conditions. In all these cases, the order will be processed upon receipt of payment and subject to its collection. In the event of refusal by the bank, the order shall be automatically cancelled.
Transaction security
In order to optimise the security of transactions on the Internet, the Site uses a secure online payment system (Secure Socket Layer) so that every means is taken to ensure the confidentiality and security of data transmitted during online payment. Our PayPlug online payment system automatically checks the validity of access rights during payment by bank card and encrypts all exchanges in order to guarantee confidentiality. To benefit from the SSL secure payment method, the Customer must use browsers that are compatible with the SSL system.
Delivery
Terms of delivery
Delivery is made in mainland France only. Orders are dispatched by La Poste or another carrier. The Customer will be given the parcel number so that they can track their delivery. Shipping costs will be invoiced at the rate in force on the day of the order, unless free shipping is mentioned. The Customer is informed of the delivery terms and conditions before the order is finally confirmed.
For orders outside the areas specified in these General Terms and Conditions of Sale, please contact customer services by email at contact@eupeptis.com.
Delivery times
Delivery times are indicated on the Site when the order is placed. They shall commence upon receipt of payment by Laboratoire Eupeptis. If several items ordered at the same time have a different delivery date, the delivery deadline shall be that which is furthest away. However, in this case, the Eupeptis Laboratory reserves the right to deliver the order in several instalments.
Although they are indicative, Laboratoire Eupeptis shall make its best efforts to comply with the delivery times mentioned at the time of the order. In the event of late delivery attributable to the Eupeptis Laboratory, the Customer shall have the option of requesting cancellation of the sale of the Product by registered letter with acknowledgement of receipt or by any other durable medium (in particular by email with acknowledgement of receipt) if, after having requested the Eupeptis Laboratory by the same means to make delivery within an additional period of 15 days, the Eupeptis Laboratory has not complied within said period. In this event, the sale shall be deemed cancelled upon receipt by the Eupeptis Laboratory of the letter informing it of the cancellation, unless the Eupeptis Laboratory has complied in the meantime. In the event of cancellation of the sale, the Eupeptis Laboratory shall reimburse the Customer within 14 days from the date of cancellation. Non-compliance with delivery deadlines shall not give rise to the payment of any compensation whatsoever.
Receipt of Products
The Customer is obliged to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the deliverer of any reservations he wishes to make regarding the condition of the Product delivered so that they can be noted on the delivery document: damaged packaging, damage suffered, conformity with the order, etc. The Customer must also inform the deliverer of any reservations he wishes to make regarding the condition of the Product delivered so that they can be noted on the delivery document: damaged packaging, damage suffered, conformity with the order, etc.
Any claim concerning apparent defects or the non-conformity of the Product delivered in relation to the information given at the time of presentation of the Product on the Site, as well as any damage linked to transport, must be confirmed by the Customer to Eupeptis Laboratory within 48 hours of receipt of the Product by e-mail to the following address: contact@eupeptis.com.
The Customer must provide full justification as to the reality of the non-conformities, damage or defects observed. If no complaint is made within the aforementioned period and conditions, the Products delivered shall be deemed to have been accepted by the Customer. By notifying the defect or non-conformity of the Product, the Customer shall obtain a return authorisation from Eupeptis Laboratory, specifying the address and the procedures for returning the Products. Once the return authorisation has been obtained, the Customer shall return the Products to Eupeptis Laboratory at the address specified on the return authorisation in accordance with the terms and conditions indicated. Any Product returned without the agreement of the Eupeptis Laboratory shall be refused and returned to the sender at the latter’s expense and risk. In order to be validly returned to the Eupeptis Laboratory and/or exchanged, the Products must not have been used and must be returned intact in their original packaging.
In the event that the Customer returns the Product due to a proven lack of conformity confirmed by the Eupeptis Laboratory, the Customer shall use the same method of delivery for the return of the Products as that chosen for the shipment of the Products ordered. In this case, the cost of return shall be borne by the Eupeptis Laboratory by reimbursing the Customer for the amount of said costs on the basis of the delivery method used to ship the Products ordered (proof of the shipping costs must be enclosed with the parcel; in the absence of such proof, no reimbursement may be demanded by the Customer).
Guarantee
Warranty of conformity and legal warranty against hidden defects
The Customer benefits from the legal guarantee of conformity (articles L. 217-4 to L. 217-12 of the French Consumer Code) and the legal guarantee relating to defects in the goods sold (articles 1641 to 1648 and 2232 of the French Civil Code).
GUARANTEE OF CONFORMITY
Article L. 217-4 of the French Consumer Code :
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.
Article L. 217-5 of the French Consumer Code :
The goods conform to the contract:
1º Whether it is fit for the use ordinarily expected of similar goods and, if so :
- If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- If it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the French Consumer Code :
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article L. 217-16 of the French Consumer Code :
When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the date of the purchaser’s request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.
GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code:
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.
Article 1648 paragraph 1 of the Civil Code :
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
- Liability
Information
Laboratoire Eupeptis makes every effort to ensure that the information published on the Site is accurate and up to date, and reserves the right to modify it at any time and without prior notice. However, it cannot guarantee the accuracy, precision or exhaustiveness of the information appearing on the Site. Consequently, it declines all responsibility for any imprecision, inaccuracy or omission in the information available, as well as all responsibility for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Site.
Laboratoire Eupeptis shall not be held liable for the hypertext links set up within the framework of this Internet Site to other resources present on the Internet network. Indeed, Eupeptis Laboratory has no means of controlling the sites connected to its Site, of which the Customer is hereby expressly informed. Consequently, the risks associated with such use shall be the full responsibility of the Internet user, who must comply with the terms of use specific to each site.
Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, Laboratoire Eupeptis shall not be held liable in the event of an error in one of these photographs or texts.
Compliance of Products with applicable standards
Laboratoire Eupeptis undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
Use of the Site
Use of and browsing on the Site are under the Customer’s responsibility. Laboratoire Eupeptis declines all responsibility and may not be held liable for any damage or virus that may affect computer equipment or any other material when accessing the Site, using the Site or browsing the Site, or downloading any content, data, text, images or files from the Site.
Non-compliant use/installation of the Product
Laboratoire Eupeptis declines all responsibility and shall not be held liable for any damage caused to the Customer or to a third party due to use of the Product that does not comply with its intended purpose.
Right of withdrawal
In accordance with article L. 221-18 of the French Consumer Code, the consumer who concludes a contract by means of a distance communication medium has a withdrawal period of fourteen (14) days from the date of receipt of the Product in which to cancel the order. It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch or the last part. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
In order to exercise his right of withdrawal, the Customer shall have fourteen (14) days to inform Laboratoire Eupeptis of his intention to withdraw by sending a letter by post or an e-mail expressing his wish to withdraw.
Eupeptis Laboratory shall immediately send the Customer an acknowledgement of receipt of the withdrawal. The Customer shall then return the Products within fourteen (14) days from the date on which the withdrawal form was sent, together with a copy of the invoice. The costs and risks of returning the Products shall be borne exclusively by the Customer. The Products shall be returned to Laboratoire Eupeptis at the following address: 2 allée du Doyen Georges Brus 33600 Pessac. The Customer is hereby informed that the cost of returning the Products in the event of retraction shall be borne exclusively by the Customer. Laboratoire Eupeptis undertakes to reimburse the Customer for the price of the order within 14 days of receipt of the Products. In order to be reimbursed, the Products must not have been used, opened or damaged and must be returned intact in their original packaging. The Customer may be held liable in particular in the event of the Product being opened or damaged by the Customer.
- Intellectual property
The Customer does not have any intellectual or industrial property rights over the Products, packaging, etc., as Eupeptis remains the exclusive owner of all such rights. Any use in any manner whatsoever by the Customer of the EUPEPTIS, CARBIDOSE, REGULINE brand or any other brand belonging to the Eupeptis Laboratory or its suppliers and manufacturers is strictly prohibited, except with the agreement of the Eupeptis Laboratory. The content and structure of the Site are reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any reproduction or representation, in whole or in part, of any content on the Site (in particular any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable. None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a licence to any intellectual property rights whatsoever.
Protection of personal data
Eupeptis Laboratory declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European Data Protection Regulation of 27 April 2016 (RGPD) and the amended French Data Protection Act of 6 January 1978.
19.1 Data collected
When creating your Customer Account and/or placing your order, the Eupeptis Laboratory collects personal data for the purpose of entering into the Contract, performing the Contract, managing the Contract and drawing up invoices. The Eupeptis Laboratory may use your personal data for commercial solicitations in accordance with the legal requirements in force. The data collected in this context is as follows: name, e-mail address, telephone number, postal address. The collection is based on the performance of the Contract. At the time of collection, certain data must be provided and are indicated by an asterisk, others are optional. Eupeptis Laboratory undertakes not to use the data collected for purposes other than those mentioned above (unless required by a competent judicial and/or administrative authority). Your data is kept in an active database for the duration of the Contract or 3 years from the last contact with you, and in an archive database for a period of 5 years, the period of prescription under common law. The recipient of the data is the Eupeptis Laboratory. However, Laboratoire Eupeptis reserves the right to transmit all or part of the personal data of its Customers to its subcontractors for the purposes of the Contract, and in particular for the execution of any order.
Eupeptis Laboratory undertakes to take all necessary precautions to preserve the security of the data communicated and, in particular, to prevent it from being distorted, damaged or accessed by unauthorised third parties. You have the right to ask Laboratoire Eupeptis to access, rectify, delete or port your personal data. You may also request a restriction on processing or object to the processing of data concerning you. You have the right to withdraw your consent to the processing of your data at any time. You may exercise your rights by sending an e-mail to Laboratoire Eupeptis at the following address: contact@eupeptis.com or a letter to EUPEPTIS, Parc Scientifique UNITEC, 2 Allée du Doyen Georges Brus 33600 Pessac, giving your full contact details (surname, first name, address, telephone number, e-mail address) and specifying the subject of your correspondence. You may be asked to provide proof of your identity. Finally, you may lodge a complaint with the CNIL.
19.2 Cookies and other tracking technologies
When you visit the Site, cookies may be placed on your computer, tablet or smartphone. A “cookie” is a small text file containing information specific to the user of the Site. It is stored on the user’s hard drive and can only be read by the server that issued it. For example, cookies help us to remember your user name the next time you visit, to understand your interactions with our content and to improve it on the basis of the information collected.
The information obtained by cookies is recorded on the server which hosts the Site and which is located in France. Laboratoire Eupeptis makes limited use of “cookies” in order to facilitate your browsing on the Site, to optimise consultation of the Site and to carry out audience measurement. Cookies are kept for a maximum of 12 months.
In this case, it is :
- Cookies necessary for the proper functioning of the Site :
These cookies are essential for monitoring and registering Customer Accounts on the Site. Without these cookies, certain settings on the Site may not function correctly.
- Functionality cookies :
These cookies are essential for browsing the Site. These are cookies that make it possible to remember choices made during visits. For example, we may store a visitor’s geographical location in a cookie in order to offer establishments or events around that location.
- Traffic analysis cookies :
These are cookies that enable us to track the browsing habits of visitors in order to compile consultation statistics and monitor the performance of the Site. This data enables us to improve the Site and provide a better user experience.
If you do not wish this technology to be used, you can deactivate this function in your browser software while retaining access to the Site. This may limit your ability to use/enjoy certain features of our Site.
Cookie management
When visitors log on to the Site for the first time, a cookies banner will appear on the home page. A clickable link provides further information on the use and operation of cookies. Continued browsing on another page of the Site or selecting an element of the Site (image, link, “search” button, etc.) constitutes acceptance of the use of cookies by Internet users. You can choose to deactivate cookies at any time. Your browser can also be set to notify you of cookies that are placed in your browser software and ask you to accept them or not. You can accept or refuse cookies on a case-by-case basis or refuse them systematically. We remind you that setting these parameters may modify the conditions of access to our content requiring the use of cookies. We remind you that deleting certain cookies may modify your conditions of access to our Site.
For more information on cookies, please consult the CNIL information page: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/
Force majeure
Laboratoire Eupeptis shall not be liable for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the proper execution of orders.
Applicable law and jurisdiction
These General Terms and Conditions are governed by French domestic law, to the exclusion of any international agreement.
In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will try as far as possible to resolve their dispute amicably.
Failing amicable agreement, the competent court will be that of the defendant’s place of residence or that of the actual delivery of the Product.
Recourse to the Consumer Ombudsman
If you are a “consumer” within the meaning of the preliminary article of the French Consumer Code, you should first send us your complaint directly using the Site’s contact form.
If this attempt fails, you may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of your complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code:
Mediator for the Professional Federation of E-Commerce and Distance Selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
mediateurducommerce@fevad.com
https://www.mediateurfevad.fr/
In order to resolve your dispute, you may access the European online dispute resolution platform provided for in Regulation (EU)No. 524/2013of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/. If this mediation fails, or if you do not wish to use it, you remain free to submit your dispute to the competent courts.
