General Terms and Conditions of Sale for Consumer Clients

 

General Terms and Conditions of Consumer Sales

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale ("GTC") determine the rights and obligations of the parties in the context of online sales of products offered by EP PUBLISHING ("the Company").

1.2 Any order placed on the EP PUBLISHING website implies the prior, unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the contract between the Customer and the Company. The Customer acknowledges having read and accepted them without reservation before placing an order.

1.3 These GTC apply to any order placed by an individual who is acting as a consumer. The Customer therefore confirms that they are an individual over 18 years old, acting for personal purposes and not in a commercial, industrial, artisanal, liberal, or agricultural capacity. The Customer acknowledges having full capacity to engage when placing the order and commits to providing accurate information about their identity.

1.4 EXCLUSION: These GTC expressly exclude individuals acting in a professional capacity, i.e., individuals or legal entities, public or private, acting for purposes related to their commercial, industrial, artisanal, liberal, or agricultural activity, even if they are acting on behalf of or for another professional. Professionals wishing to place an order with the Company are invited to contact us directly.

1.5 The applicable GTC for each order are those in effect at the time of payment or the first payment in case of multiple payments. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the Company's website at the following address: https://curadelight/pages/cgv and are available for download in PDF format.

1.6 In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has implemented a consumer mediation system. The chosen mediation entity is: SAS CNPM - MEDIATION - CONSUMPTION. In case of a dispute, the consumer may file their complaint on the website: http://cnpm-mediation-consommation.eu or by mail to: CNPM - MEDIATION - CONSUMPTION 27, avenue de la Libération – 42400 SAINT-CHAMOND

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1 Order process
To purchase one or more products on the website, the Customer selects each product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to checkout (1st click).
At this stage, the Customer is redirected to a page containing:

  • A summary of the selected products, their corresponding prices, delivery options, and charges. The Customer must verify and, if necessary, correct the contents of their cart.
  • These GTC. The Customer is advised to read them carefully before confirming the order.
    This confirmation of the order after verifying the cart and reading the GTC (2nd click) constitutes the conclusion of the contract, and the Customer acknowledges that the 2nd click incurs a payment obligation.
    The Customer is then redirected to the payment page. They can choose from various payment methods and proceed with payment for their order.
    After validating their order and making the payment, the Customer receives a confirmation email from the Company at the email address provided during account creation. This email contains a PDF attachment with:
  • A summary of the order (selected products, prices, delivery options, and charges);
  • Detailed identification of EURL EP PUBLISHING and its activity;
  • The order number;
  • Terms and conditions and the withdrawal form;
  • These GTC in PDF format.
    If the order confirmation is not received, the Customer is advised to contact the Company via the contact form on the website.
    The Customer will then receive an electronic invoice, which they expressly accept. It is highly recommended that the Customer retain this confirmation email and the invoice as proof of the contract.

2.2 Cases of order rejection by the Company
The Company reserves the right to refuse an order for any legitimate reason, such as:

  • Order not in compliance with the GTC;
  • Quantities ordered that do not correspond to normal consumer use;
  • Non-payment of a previous order or ongoing dispute regarding a previous order;
  • Suspicion of fraud regarding the order (supported by a body of consistent evidence).

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications
The essential characteristics of the goods and their respective prices are provided to the Customer on the Company's website, along with any information regarding the use of the product.
Although the Company makes reasonable efforts to ensure accuracy, these specifications, subject to certain exceptions such as pricing information, are provided by the Company's suppliers. As a result, the Company assumes no responsibility for any errors in the specifications.
The specifications are presented in detail in French. The Parties agree that illustrations, videos, or photos of the products offered for sale are not contractually binding. The validity period of the product offers and their prices is specified on the Company's website.

3.2 Product Availability
Product offers are valid subject to stock availability from our suppliers. This availability is usually indicated on the product page.
However, since the Company does not reserve stock (except in specific cases such as pre-order products), adding a product to the cart does not guarantee the product's availability or its price.
If a product becomes unavailable after the order is confirmed, the Company will notify the Customer immediately via email. The order will be automatically canceled, and the Company will refund the price of the product originally ordered, along with any amounts paid for the order.
If the order contains other products that are still available, those will be delivered to the Customer, and delivery charges will not be refunded.

Article 4 – PRODUCT PRICING

4.1 Reference Prices on the Websites
The reference price of the products offered on the website is the price recommended by the brand, manufacturer, or their official representative. If no such price exists, it is a price determined based on the prices at which the product is commonly sold in a range of stores distributing it. This price is updated when the brand, manufacturer, or official representative communicates a new recommended price for the product or when the price within the panel of stores changes.

4.2 Price Modifications
The prices of products are listed on the product description pages. They are listed excluding tax, customs duties, and shipping costs. The Company reserves the right to modify product prices at any time in compliance with applicable legislation.
Products will be invoiced based on the price in effect on the website at the time the order is validated.

4.3 Price of Products
For products shipped outside the European Union at the Customer's request, prices are listed in Euros excluding tax (excluding VAT and customs duties), unless otherwise specified.
They are clearly stated on the product description pages. Prices are also listed in Euros excluding tax (excluding VAT and customs duties) unless otherwise specified on the product order page, excluding specific shipping fees.
Product prices do not include import VAT, import taxes, or customs duties, which must be paid in addition and are entirely the Customer's responsibility.

4.4 Payment of Taxes
For products shipped outside the European Union at the Customer's request, the Customer is solely responsible for declaring and paying VAT upon customs clearance of the product. They may be required to pay VAT upon importation. Since this tax is not the Company's responsibility, it will not be reimbursed. For all products shipped outside the European Union or to the DOM-TOM, the price is calculated excluding taxes automatically on the invoice.

Article 5 – PAYMENT FOR THE PRODUCTS

5.1 Payment Timing
Payment of the full price of the order must be made immediately after the order is validated.
The Company may exceptionally grant installment payments, particularly considering the amount to be paid and the Customer's profile. However, the Company is under no obligation to offer such payment options. In case of special circumstances, the Customer may request this from the Customer Service at contact@curadelight.

5.2 Payment Methods
The Customer can choose from various payment methods:

  • Credit Card Payment: Only cards linked to a bank located in France or international cards (Visa, MasterCard, American Express, and Maestro) are accepted.
  • PayPal Payment: Accepted up to a limit of €1,000.
  • Gift Vouchers and Promo Codes: Can be used to pay for part or all of the order.

Article 6 – DELIVERY – CUSTOMS CLEARANCE – RECEIPT

6.1 Delivery
Before order validation, the Company provides the Customer with information regarding the available delivery methods and associated rates. After choosing the delivery method, the Customer receives an estimated delivery time.
The Company will do everything possible to ensure that the product(s) are delivered by the expected delivery date. If any issues arise, the Company will promptly communicate with the Customer to inform them and find an appropriate solution.
The Customer is responsible for delivery charges, which are included in the final price when ordering. However, customs duties are not included in the price charged by the Company.

Depending on the method chosen by the Client, the delivery will be made either to the address provided by the Client, or, where applicable, to a pickup point chosen by the Client from the list of available points. It is therefore the Client's responsibility to carefully check the delivery information provided, as they remain solely responsible in the event of a delivery failure due to incomplete or incorrect information.

6.2 Customs Clearance
For products shipped outside the European Union at the Client's request, the Client purchases the product excluding taxes and becomes the importer of the product purchased as the recipient. The Client is therefore particularly responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the order's price, they may be required to pay customs duties (for products with a customs value exceeding €150). The Client is solely responsible for the customs declaration process when clearing the product through customs. These customs duties, which are not charged to the Client by the Company, are outside the Company’s responsibility, and the Company cannot be held liable for the reimbursement of these duties.
For products shipped from the European Union and delivered within the European Union, the Client purchases the product including taxes, such as VAT.

6.3 Receipt
Upon receipt of the Product, the Client agrees to verify that the Product is complete and undamaged.
In case of any anomalies, the Client must contact the Company's Customer Service within three days (excluding holidays) from the date of receipt of the Product. Any complaint made after this period will not be processed.

Article 7 – RIGHT OF WITHDRAWAL

7.1 Principle and Timeframe
The Client has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of their Order. In the case of an order for multiple products, the deadline begins from the receipt of the last product.
In the event of exercising the right of withdrawal within the aforementioned time period, the price of the purchased Product(s) and the shipping costs will be refunded, with the return shipping costs being the sole responsibility of the Client.

7.2 Exclusions
In accordance with articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

  • Provision of goods or services whose price depends on fluctuations in the financial market outside the professional’s control and that may occur during the withdrawal period;
  • Provision of goods made to the consumer's specifications or clearly personalized;
  • Provision of goods that are likely to deteriorate or expire quickly;
  • Provision of goods that have been unsealed by the consumer after delivery and cannot be returned for health or hygiene reasons;
  • Provision of goods that, after delivery and by their nature, are inseparably mixed with other items;
  • Provision of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the time of the contract is dependent on fluctuations in the market beyond the professional’s control;
  • Emergency maintenance or repair work to be carried out at the consumer's home and expressly requested by them, within the limits of necessary spare parts and works to address the emergency;
  • Provision of audio or video recordings or computer software once unsealed by the consumer after delivery;
  • Provision of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
  • Contracts concluded at a public auction.

7.3 How to Exercise the Right of Withdrawal
To exercise their right of withdrawal, the Client must inform the Company of their intention to withdraw either by completing the standard form (a model is provided below) or by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above.

Standard withdrawal form model:

To the attention of EP PUBLISHING, (Curadelight), Customer Service,

I, the undersigned ______, hereby notify you of my withdrawal from the contract concerning the sale of the Product listed below:

  • Product name:
  • Date of order and receipt:
  • Order number:
  • Withdrawal request tracking number:
  • Client's name:
  • Client's address:
  • Client's signature: (only if this form is submitted on paper)
  • Date:

This form should be sent to the Company at: contact@curadelight
The Client has a 14-day period from the submission of the withdrawal notification to return the Product to the Company in its original packaging, with the return costs being borne solely by the Client.
Products must be returned in their original and complete condition (packaging, accessories, manual, etc.) to allow the Company to resell them. If the Products are received opened, used, incomplete, damaged, or soiled, the Company will not issue a refund and may, if deemed necessary, hold the Client responsible for any depreciation of the Product.
If the Product is returned in accordance with the law and these Terms and Conditions, the Company will refund the total amount paid by the Client, including shipping costs, within 14 days from the notification of withdrawal, unless the Product is returned after this time. In this case, the Company will refund only after the Product is received and its condition has been verified.
This refund will be made using the same payment method as the one used by the Client for the Order, unless the Client expressly agrees to another payment method. If payment was made by gift card/promo code, the Client will be refunded by sending new gift cards/promo codes for an amount equal to the original payment.

Article 8 – WARRANTIES

Here is the translation for the new section:

8.1 Legal Warranties
The Company remains liable for defects of conformity of the product in accordance with the provisions of articles L.217-4 and following of the Consumer Code, as well as for hidden defects of the sold item in accordance with articles 1641 and following of the Civil Code.
When acting under the legal warranty of conformity (as provided by articles L.217-4 and following of the Consumer Code), the Consumer Client:

  • Has a 2-year period from delivery to take action;
  • May choose between repair or replacement of the Product, subject to the cost conditions provided in article L.217-9 of the Consumer Code;
  • Is exempted from having to prove the existence of the conformity defect during the 24 months following delivery if the Product is new, and during the 6 months following delivery if the Product is sold as second-hand.

The Client may also decide to act under the legal warranty for hidden defects as defined in article 1641 of the Civil Code. In this case, the Client may choose between the cancellation of the sale or a price reduction, in accordance with article 1644 of the Civil Code.
These legal warranties apply independently of any contractual warranty.

Applicable Text Reproduction:

L.217-4 Consumer Code
"The seller delivers a product that is in conformity with the contract and is responsible for conformity defects existing at the time of delivery. They are also responsible for defects of conformity resulting from packaging, assembly instructions, or installation when such are charged to them by the contract or performed under their responsibility."

L.217-5 Consumer Code
"The product is in conformity with the contract:
1° If it is fit for the usual use of a similar product and, where applicable:

  • If it matches the description given by the seller and has 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 in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
    2° Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any specific purpose sought by the buyer, made known to the seller and accepted by them."

L.217-9 Consumer Code
"In the event of a conformity defect, the buyer chooses between repair and replacement of the product. However, the seller may not proceed according to the buyer’s choice if this choice results in a disproportionate cost compared to the other option, considering the value of the product or the importance of the defect. They are then required to proceed, unless impossible, according to the non-chosen option by the buyer."

L.217-12 Consumer Code
"Actions resulting from a conformity defect are time-barred two years from the delivery of the product."

1641 Civil Code
"The seller is liable for hidden defects of the item sold that make it unfit for the use it is intended for, or which so greatly diminish its use that the buyer would not have acquired it, or would have given a lesser price if they had known about them."

1648 Civil Code
"Actions resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect."

8.2 Manufacturer's Warranty
Some products sold on the Website come with a contractual warranty granted by the supplier or manufacturer of the product, to which the Company is not directly a party.
The existence of such warranties is mentioned, if applicable, on the specific product page.
If the Client wishes to claim this warranty, they should notify the Company by contacting Customer Service and consult the warranty conditions, which are typically included in the product box.
It is reminded that the benefit of the Manufacturer's Warranty does not preclude the application of legal warranties regarding conformity and hidden defects.

Article 9 – PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, as the data controller, collects a number of mandatory personal data (including, in particular, name, surname, delivery address, etc., marked with an asterisk), which is necessary for processing the Order, managing the commercial relationship, conducting statistics, and complying with the Company’s legal and regulatory obligations. These data are kept for 5 years from the end of the Contract.
Failure to provide these details will prevent the processing of the Client's Order.
These data are intended for internal use by the Company but may be transmitted to companies involved in the execution of the service, including those responsible for the delivery of Products or payment processing.
Regarding personal data, the Client has several rights:

  • Right of access to their personal data;
  • Right to rectify and delete data if it is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and storage of certain data are prohibited;
  • Right to limit data processing, provided that this request is duly justified and does not hinder the Company’s regulatory and legal obligations;
  • Right to object to data processing (particularly in case of processing for commercial prospecting);
  • Right to give post-mortem instructions concerning the storage, deletion, and communication of their personal data;
  • Right to withdraw consent for certain processing (processing performed before the consent withdrawal remains lawful);
  • Right to lodge a complaint with the CNIL (French data protection authority).

To exercise these rights, the Client may send a request to the Company via:

  • An email to: contact@curadelight
    The request should include the Client's email address, name, surname, postal address, and a copy of their identity card (front and back).
    A response will be provided within one month of receiving the request.

Article 10 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on the product page, sales of Products on the site do not result in the transfer of intellectual property rights on the products sold.
Trademarks, domain names, products, software, images, videos, texts, or generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these General Terms and Conditions (GTC).

Article 11 – FORCE MAJEURE
The Company shall not be held responsible for any failure to perform its obligations under these GTC in the event of a fortuitous event or force majeure that prevents the execution of those obligations. The Company will notify the customer of the occurrence of such an event as soon as possible.

Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any contrary provision set forth in these GTC, the Company cannot in any case be held liable for any loss or damage due to inappropriate use of the Product(s) by the Client, including but not limited to any unauthorized modification or alteration of the Product(s) by the Client.

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of any Client who violates the provisions of these GTC, or generally applicable legal provisions, without prejudice to any damages that the Company may claim.
Anyone whose account has been suspended or closed may not place further orders or create a new account on the Website without prior authorization from the Company.

Article 14 – ARCHIVING – EVIDENCE
Unless proven otherwise, the information recorded by the Company constitutes evidence of all transactions.
For each Order, the Order summary is sent to the Client by email and archived on the Company's website.
The archiving of communications between the Company and the Client is done on computerized records, which are kept for 5 years under reasonable security conditions. These records, which are kept on a reliable and durable medium, are considered as evidence of communications, orders, payments, and transactions between the Client and the Company. They may be produced as evidence of the Contract.
The archiving of communications, orders, order details, and invoices is done on a reliable and durable medium to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as evidence of the contract.
The Client will have access to the archived elements upon request by contacting contact@curadelight.

Article 15 – NULLITY AND MODIFICATION OF THE GTC
If any provision of these GTC is found to be null, it will be deemed to be unwritten, but this will not result in the nullity of the entire contractual provisions.
Any tolerance by the Company in the application of all or part of the commitments made under these GTC, regardless of the frequency and duration, shall not be deemed as modification of the GTC, nor generate any right for the Client.

Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC are governed by French law.
In case of any difficulty, the Customer Service is available to find an amicable solution.
If no solution is found directly with Customer Service, the European Commission has set up an online dispute resolution platform designed to receive consumer complaints following an online purchase. The platform then transmits these complaints to the competent national mediator. You can access this platform by following the link: http://ec.europa.eu/consumers/odr/.