GENERAL TERMS OF SALE
LPG SYSTEMS, a French Limited Company
Registered capital : €2,124,950 – Trade & Co. Reg. No. (RCS): Registered in the RCS of Romans (France): B 335 183 836
Registered office : 30, rue Docteur Abel -Technoparc de la Plaine – CS 900 35 – 26 902 Valence Cedex 09 FRANCE
Phone : +33 (0)4 75 78 69 00
Fax : +33 (0) 4 75 42 80 85
E-Mail : ServiceClientWellbox@lpgsystems.com
VAT number : FR 50 33 51 83 836 – A.P.E. Code : 3250A
These general terms of sale (hereafter referred to as the « GTS ») will apply to orders placed remotely by a purchaser, who is a consumer domiciled in the French Overseas Départements and Territories or internationally (i.e. other than metropolitan France), with the vendor LPG SYSTEMS (hereafter referred to as « LPG ») for all items and services proposed on LPG’s WELLBOX® websites (hereafter referred to as the « Websites »).
The term « consumer » refers to « any natural person acting for reasons which do not fall within the scope of his commercial, industrial, craft-related or freelance activities ».
The GTS are systematically proposed to the purchaser at the time an order is placed and are available at all times during his navigation on the Websites. The applicable GTS are those in force on the date on which the order is confirmed. Consequently, placing an order implies full and unreserved acceptance by the purchaser of the terms and conditions detailed in these GTS, with no requirement for this acceptance to be conditional upon a handwritten signature on the part of the purchaser. It is also hereby stipulated that the purchaser is authorised to back-up or print out the GTS.
The products are proposed for sale in the following geographical territory: French Overseas Départements and Territories and Internationally (outside metropolitan France).
ARTICLE 1 – PRODUCTS
1.1. Pursuant to article L.111-1 of the French Consumer Code, prior to placing his order online the purchaser may familiarise himself on the Websites with the essential characteristics of the product or products he wishes to order.
1.2. The products featured on the Websites are valid subject to available stock and subject to availability.
1.3. The purchaser is informed that this Website is not intended to supply advice of a medical and/or paramedical nature. All information shown on the Websites is provided for information purposes only. LPG does not guarantee that the information accessible via its website is complete and up-to-date. This information is not exhaustive, should not be considered as constituting advice of any form, and in no way dispenses the purchaser/surfer from the need to seek professional advice. This information may be modified at any time without notice.
1.4. LPG reserves the right to modify the products available for sale on the Websites at any time.
ARTICLE 2 – PRICES
2.1. The prices guaranteed to the purchaser are those displayed on the Websites at the time the order is placed by the purchaser. However, the prices may be modified at any time by LPG. The purchaser will be informed of these modifications before placing any order on the Websites.
2.2. Any sales to a destination country other than Metropolitan France and the european Union will result in the purchaser becoming an importer, and with him assuming sole liability and responsibility for the entry of the products into the destination country, furthermore requiring him to undertake all necessary formalities and to pay all taxes, customs or import duties and more generally any related sums DUE.
- For any shipments to a country of the European Union (other than the Overseas Departments and Territories), the VAT regulations are specified by the European Union. The prices shown on the Websites are shown in euros inclusive of VAT.
- For shipments outside the European Union and in the Overseas Departments and Territories, the prices are shown in euros (with the exception of certain countries for which the prices and currencies are specified on the Website), and will be invoiced free of taxes and duties. Any possible taxes and customs duties to be paid in the destination country will be borne by the recipient of the shipment. LPG is not responsible for these taxes or duties. LPG strongly recommends that the purchaser make enquiries with the local authorities in his country concerning these aspects.
2.3. The prices shown do not include carriage costs, which are invoiced in addition to the price of the purchased products.
These costs are shown in a summary before the booking and confirmation of the order by the purchaser.
ARTICLE 3 – PLACING AN ORDER
3.1.The placing of any order entails the purchaser’s unreserved acceptance of these GTS. The purchaser will be asked to approve and confirm them during the last stage of the ordering process on the Websites.
3.2. The purchaser selects the exact product by adding it to the basket. The basket constitutes the purchaser’s order form, with the purchaser having the possibility to check and modify the order details at any time in the « My Basket » tab.
3.3. Once the order is complete, a summary will be displayed and the purchaser will have the possibility to modify his order or confirm it. Once the order is confirmed, the purchaser enters the necessary information for the invoicing and delivery of the items. The information supplied by the purchaser is considered binding upon him. In the event of an error concerning the entry of the delivery address details, the Websites and the company LPG may not be considered liable if it proves impossible to deliver the item or items.
ARTICLE 4 – PAYMENT
4.1. The payment in full of the price is due at the time the order is placed. By confirming his order, the purchaser acknowledges that this is a firm order with a payment obligation.
4.2. Payment can be made directly on the Websites or by telephone by calling 00 33 4 75 78 69 00 or 00 800 699 355 269 (toll-free number from a landline telephone in Europe only).
LPG accepts various payment methods:
- Bank cards (for example: Carte Bleue, Visa, Master Card, American Express, etc.)
- Bank transfer (the order will be processed and shipped as of receipt of the transfer)
- Other payment solutions such as PayPal
4.3. Once payment has been made, the purchaser’s order will be automatically confirmed and will constitute an irreversible commitment on his part which may only be contested in circumstances restricted to those provided by law and detailed in these GTS.
ARTICLE 5 – ORDER CONFIRMATION
5.1. The confirmation of the purchaser’s order sent by LPG is sent by e-mail to the e-mail address entered by the purchaser when placing his order on the Websites. Under no circumstances may LPG be considered liable for any errors in the provision of this address by the purchaser.
5.2. LPG reserves the possibility not to confirm an order for any reason (including cases of problems concerning the order received or problems with the supplies of the items concerned). It has five (5) working days to inform the purchaser that it is unable to fulfil the order and to ask him to modify or cancel it.
5.3. In application of the applicable legal provisions, when an order concerns a sum equal to or exceeding €120, LPG stores the written document confirming the contract concluded between itself and the purchaser by electronic means for a period beginning upon conclusion of the contract until the delivery date and for a period of 10 years thereafter. The purchaser will then have access to this document at any time, which may be obtained by writing to « Service Client Wellbox – LPG SYSTEMS – 30, rue Dr Abel -Technoparc de la Plaine – 26000 VALENCE France » or by sending an e-mail to the following address: firstname.lastname@example.org accompanied by proof of his identity.
However, LPG recommends that the purchaser retains and archives the order confirmation sent by LPG either in paper or computerised form.
ARTICLE 6 – DELIVERY ZONES AND DELIVERY TIMES
6.1. Any order placed on the websites createS AN entitlement to delivery in the French Overseas Départements and Territories and internationally (excluding metropolitan France), on condition that the purchaser complies with the provisions of article 2.2 of these GTS.
If the purchaser wishes to receive his delivery at the home of a friend, a neighbour, or at his workplace, he should specify this when placing his order by clearly stating his delivery address.
6.2. The delivery of the orders placed by the purchaser will be handled by the haulier chosen by LPG. The delivery is made via the direct handover of the product to the recipient specified by the purchaser, with the signature at each delivery of a delivery acknowledgement form by the identified recipient. In all cases, the recipient must check the content of the pack and its satisfactory condition before signing the delivery slip. Any contestation concerning the transportation (including but not limited to breakage, damage, loss, damaged packaging, etc.) must always be reported by the purchaser to the haulier within twenty-four (24) hours and must be recorded on the delivery note. The submission of this written confirmation to the haulier is mandatory in the case of any possible request for an exchange or refund.
6.3. The delivery lead times are shown on the product information sheet and failing this may not exceed the legal delivery period of thirty (30) days following the conclusion of the contract.
Should stock exceptionally be unavailable, the purchaser will be informed by e-mail or by telephone. LPG will propose the following to the purchaser:
- Either to delay delivery of the whole order until the restocking date for the product concerned,
- Or to accept a partial delivery with reimbursement of the purchase price for the product or products which have not been delivered. The purchaser can then place a new order when the product concerned is available once again,
- Or to cancel his order and receive a full reimbursement for the order amount.
6.4. In the event of force majeure circumstances prevailing, should the delivery date be missed this may not result in payment of any compensation or damages, in holdbacks or in the cancellation of the order underway, including among others in the cases of total or partial strikes within or outside LPG, the blockage of transport or supplies, or governmental or legal restrictions.
The term ‘force majeure’ refers to any event outside the control of one of the Parties, which could not be reasonably foreseen at the time the Contract was concluded, and of which the effects cannot be avoided by appropriate means, therefore making it impossible for this Party to fulfil its contractual obligations.
6.5. All risks concerning the loss or damage of the products are transferred to the purchaser at the time the latter or a third party designated by him, other than the haulier proposed by LPG, physically takes possession of these products.
ARTICLE 7 – WARRANTY – AFTER SALES SERVICE
7.1. General provisions
i) LPG is bound by the statutory conformity guarantee of two (2) years mentioned in articles L. 217-4 to L. 217-13 of the French Consumer Code and the two (2) year guarantee concerning defects with sold items, in accordance with the provisions of articles 1641 to 1648 and 2232 of the French Civil Code.
The purchaser may submit his claim under the terms of these two warranties to the following address: LPG SYSTEMS, Technoparc de la Plaine, 30 rue du Docteur Abel CS 900 35 – 26902 Valence Cedex 09 France.
Pursuant to the applicable legislation, the purchaser is hereby informed that:
- He has a period of two (2) years following the delivery of the item in which to act;
- He may choose between the reparation or replacement of the item, subject to the cost conditions detailed in article L217-9 of the French Consumer Code;
- He is not required to provide proof of the existence of the defect concerning the item during the 24 months following the delivery of the item.
- The statutory conformity guarantee applies independently of the LPG’s commercial warranty (available as an option to the purchaser). LPG is therefore bound by the conformity guarantees and that concerning hidden defects even if an additional commercial warranty has been proposed to the purchaser.
- He may decide to invoke the warranty against hidden defects and in this case may choose between the cancellation of the sale or a reduction in the price of the sale.
- a) When the defect has been caused by the fact that the product has been subjected to: usage in a manner in contradiction with the usage manual, to brutal treatment, to exposure to excessive humidity, to extreme thermal or environmental conditions or rapid changes in these conditions, to exposure to corrosion, to oxidisation, to modifications or unauthorised connections, to repairs performed by non-approved repairers or by the purchaser himself, to repairs carried out with unauthorised spare parts, to incorrect usage, to an unsuitable electrical power supply, to non-compliance with the assembly instructions, to erroneous installation, to an accident, to forces of nature, to contact with liquids, to the action of chemical products and any other acts reasonably considered outside LPG’s control. To be used only on clean dry skin. Do not use liquids and/or creams with the Wellbox.
- b) When LPG has not been informed by the Purchaser of the defect within the thirty (30) days following the appearance of the defect during the warranty period;
- c) When the product has not been returned to LPG within the sixty (60) days following the appearance of the defect during the warranty period;
- d) When the serial number of the product or any other identification number have been removed, obliterated, damaged, altered or are no longer legible;
- e) When the defect results from the fact that the product has been used with an accessory which has not been manufactured or supplied by LPG.
- Completing an online withdrawal form on the Websites, OR
- Downloading a withdrawal form on this same page and sending it by registered letter with proof of receipt (at the purchaser’s cost) to LPG at the following address: Service WELLBOX, 30 rue du Docteur Abel, Technoparc de la Plaine, 26902 Valence Cedex 09 – FRANCE, OR
- Contacting LPG by e-mail: email@example.com
- LPG will acknowledge receipt of the purchaser’s request to exercise his right to withdrawal by e-mail, as soon as possible.
Extracts from the French consumer code
• Article L217-4 of the Consumer Code
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility”.
• Article L. 217-5 of the Consumer Code
“To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”.
• Article L217-9 of the Consumer Code
“In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible”.
• Article L. 217-12 of the Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the product”.
• Article L 217-16 of the Consumer Code
“When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance”.
Extracts from the French Civil Code
• Article 1641 of the Civil Code
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects”.
• Article 1648 of the Civil Code
“Paragraph 1: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
ii) The conformity defect is presumed to exist at the time of the sale (more precisely at the time the product is delivered) if it appears within a period of 24 months following delivery”.
7.2. Warranty concerning WELLBOX devices
LPG guarantees that at the original time of purchase the product is free of any material, design and production defects subject to the following provisions and conditions:
(i.) The warranty is granted to the purchaser. It in no way restricts the purchaser’s rights enshrined under the imperative provisions of French national law.
(ii.) The warranty is valid on condition that the purchaser supplies the original proof of purchase along with the product, including among others the invoice, receipt, till receipt, warranty certificate issued by LPG accompanied by the till receipt, and proof of payment by credit card if the purchase was made by Internet. The proof of purchase must contain the purchase date, the express description of the Product and, where applicable, the serial number. LPG reserves the right to refuse a free warranty in the event that the above-mentioned documents cannot be presented or if the information they contain is incomplete or illegible.
(iii.) The warranty is only valid if the product is used for private use. It will not apply in cases of professional usage or if the product has been hired out on a commercial basis.
(iv.) The legal warranty period is a maximum of two (2) years as from the date on which the WELLBOX device is delivered to the purchaser.
The warranty period may be extended by a commercial warranty up to four (4) years if the purchaser chooses the extended warranty option when purchasing his new WELLBOX device from LPG.
(v.) During the warranty period, LPG will repair or replace the defective product free of charge, at its discretion and subject to available stock. LPG will return the repaired product or another product in working condition to the purchaser. All items or other equipment which has/have been exchanged will then become the property of LPG.
(vi.) The warranty period for a repaired or replaced product will be neither extended nor renewed.
(vii.) The warranty will apply to defects which appear during use of the product, in compliance with the usage manual.
It does not cover the maintenance, repair or replacement of parts following the normal wear and ageing of the product. Additionally, the warranty will not apply in the following conditions among others:
(viii.) The purchaser agrees to return the product in its original packaging. LPG will assume no liability in the event the product is damaged as a result of transportation in an inappropriate pack. LPG reserves the right to demand a fixed contribution from the purchaser towards the product’s carriage costs.
(ix.) The warranty is the purchaser’s only means of redress against LPG and constitutes LPG’s only liability vis-a-vis the purchaser for product-related defects. The warranty replaces any other warranty or liability, whether verbal, written, legal (in as far as this is not imperative), contractual, quasi-delictual or other. LPG is not liable for any consequential or indirect losses or costs. Any modification to the warranty requires LPG’s prior written consent.
(x.) In accordance with the provisions of Article L111-4 of the Consumer Code, the purchaser is informed that the spare parts which are vital to the use of the WELLBOX are available on the market for a period of three (3) years.
7.3. Warranty for the other products sold on the Websites
All of our products are guaranteed against all production defects. The defective product must imperatively be returned at the purchaser’s cost for examination in order to determine the justification for the claim. In order to be able to benefit from the warranty for the products, you should retain the purchase invoice for the product. If a defect is indeed found to exist, the purchaser will receive a refund for the product or the product will be exchanged, in accordance with his request and subject to available stock. If a reimbursement must be issued, this will be made within the thirty (30) days following the date on which the product returned by the purchaser is received. The return carriage costs may then be reimbursed subject to the presentation of receipts.
The purchaser automatically benefits from the statutory warranty for hidden defects, as defined in articles 1641 and following of the above-mentioned French civil code.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1. Pursuant to the applicable French legal provisions, the purchaser has a period of fourteen (14) clear days as from the date of receipt of his products to exercise his right of withdrawal vis-a-vis LPG with no requirement to justify the grounds for this or to pay any penalty with the exception, where applicable, of the return carriage costs (which are borne by the purchaser). The purchaser may also exercise his right of withdrawal as from the conclusion of the contract.
When the 14-day period expires on a Saturday, Sunday or a public holiday or a day not worked, it will be extended until the next working day.
In the case of an order for several products, the right of withdrawal will begin on the date on which the last product is received.
The purchaser may exercise his right of withdrawal by:
The purchaser has a period of fourteen (14) days as from the date of his unequivocal notice of withdrawal to return the item to LPG, at his cost at the following address: 30 rue du Docteur Abel, Technoparc de la Plaine, 26902 Valence Cedex 09 FRANCE.
Should he fail to return the product or products within this deadline, the purchaser will be considered as having renounced this right of withdrawal.
LPG will not accept parcels sent on a carriage forward or cash-on-delivery basis.
To avoid any disputes, it is recommended that the purchaser exercising his right of withdrawal should return the product or products in conditions similar to those in which they were initially sent, with a declared value corresponding to the initial order price, and to retain or proof of postage until a complete reimbursement for his order has been obtained.
8.2. When the right of withdrawal is exercised by the purchaser, LPG agrees to reimburse the purchaser for all of the sums paid (including standard one-way carriage costs), as soon as possible and at the latest within the fourteen (14) days as from the date on which the purchaser has informed LPG of his intention to withdraw, on condition however that LPG has recovered the product or products or that the purchaser has supplied LPG with proof that the products have been posted.
LPG is not required to reimburse supplementary costs if the purchaser has expressly chosen a more expensive delivery method than the standard delivery method proposed by LPG.
This reimbursement will be made using the same means of payment as that used by the purchaser to pay for his purchase, unless the purchaser expressly authorises it to reimburse him by another means on condition that this does not result in additional costs for the purchaser.
The WELLBOX® devices returned by the purchaser must not have been used (for hygiene reasons) or have undergone any deterioration, however minimal, and must be in a state of perfect cleanliness.
The purchaser is informed that no right of withdrawal exists for « ENDERMOLOGIE® COSMETICS » cosmetic products and for WELLBOX®, cleaning wipes which have been unsealed and opened by the purchaser. Indeed, opening these products makes them unfit for subsequent resale and in this case they cannot be reimbursed, nor taken back, nor exchanged for hygiene and health protection reasons.
ARTICLE 9 – PERSONAL DATA
9.1. Pursuant to French law number 78-17 of January 6, 1978, (modified) concerning computer systems, data files and liberty, known as the « Informatique et Libertés » law (≈ French data protection act), the Websites have been declared to the Commission Nationale de l’Informatique et des Libertés (French data protection authority) under declaration number 1960628. The purchaser expressly authorizes LPG to collect his personal data, namely, its name, first name, postal address, email address and phone number, solely for the purposes of LPG’s activity.
In accordance with the French « Loi Informatique et Libertés », as amended, and the Regulation (EU) 2016/679 of the European Parliament and the Council of April 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the purchaser is informed that LPG, as controller, implements personal data processing, the main purpose of which is processing and managing of orders and business relations. Mandatory data are indicated at the time of collection; in their absence, the purchaser’s order cannot be taken into account. These data are intended for LPG, which keeps them only for the time necessary for the operations for which they have been collected and in compliance with the regulations in force. Thus, the data relating to the purchaser are retained for the duration of the contractual relations, increased by three (3) years from the end of the contractual relations, for animation and prospecting purposes, without prejudice to the conservation obligations or limitation periods.
The information submitted to LPG directly by the purchaser following any order placed on the Websites may be reused by LPG for commercial prospection purposes. According to the choices made by the purchaser at the time the product was ordered, this information may also be used by business partners for commercial solicitation purposes.
In case of on-line payment, the Site uses the secure payment system Ogone Collect of the company Ingenico Financial Solutions NV / SA in order to guarantee the maximum safety of its customers. This system is secure and reliable for Internet transactions. At the time of the payment by credit card, the purchaser leaves the Site and accesses the Ogone platform via secure protocol “https”. Only the bank details of the purchaser required to carry out the transaction are collected, namely the name of the holder, the number and expiry date of the credit card, as well as the visual cryptogram. This information is then only provided to the Ogone Collect system. LPG SYSTEMS has no access at any time. The transfer of information is perfectly protected by encryption.
The purchaser bank details are retained:
• in the case of a single payment until the expiry of the withdrawal period
• in the case of a graded payment until full receipt of payment by LPG.
9.2. The purchaser is informed that he has a right to request from LPG, access, rectification, objection and erasure of his personal data, restriction of processing or to object to processing as well as the right to data portability, to withdraw its consent at any time and to lodge a complaint with a supervisory authority.
The purchaser may exercise his rights by e-mail via the « Contact » section on the website or sent by post to the relevant department at the following address:
LPG SYSTEMS – 30, rue Dr Abel -Technoparc de la Plaine – 26000 VALENCE – FRANCE
If the information processed is erroneous or incomplete, the purchaser may ask that it be corrected, completed or deleted by contacting the department in question, the address of which is shown above.
If the purchaser’s telephone number is collected by LPG, for example during a sales contact via the Websites, the purchaser may ask LPG to ensure that his telephone number is included on a no-call list to avoid receiving commercial prospection by telephone.
ARTICLE 10 – APPLICABLE LAW AND JURISDICTION
10.1. These GTS are subject to French law, which alone will apply to them. These GTS are drafted in French. In the event that they are translated into one or several languages, only the French text will prevail in the event of disputes or litigation.
10.2. All complaints should be sent in writing to LPG at the following address: LPG SYSTEMS – Service Clients WELLBOX – 30, rue Dr Abel -Technoparc de la Plaine – 26000 VALENCE – FRANCE.
Should no amicable solution be forthcoming, the purchaser may freely access a mediation procedure (unless he prefers to use a lawyer) or any other alternative dispute resolution system. LPG proposes using the mediation system proposed by the Centre de Médiation et d’Arbitrage de Paris in FRANCE, to which the Client may refer the matter using a form on the CMAP website (www.cmap.fr), and which may be contacted by e-mail (firstname.lastname@example.org) or by post (CMAP – Service Médiation de la consommation, 39, avenue F.D. Roosevelt, 75008 PARIS FRANCE). Any request should contain the following information to be processed speedily: the purchaser’s postal address, e-mail address and telephone number, the complete name and address of LPG, a brief explanation of the facts and proof of the previous attempts to resolve it with LPG.
Mediation is not MANDATORY FOR the parties, who are free to submit their dispute to the competent French courts in application of the rules laid down in the French code of civil procedure.
ARTICLE 11 – MISCELLANEOUS PROVISIONS
11.1. A purchaser wishing to place an order on the Websites declares that he possesses full legal capacity to do so. However, any purchase made on the Websites by a person considered legally incapable under the terms of the French Civil Code will then be considered to be made under the liability of his legal representative.
11.2. If one or several provisions of these GTS are found to be invalid, illegal, void or declared as such in application of law, a rule, or following a final ruling by a competent court, the other provisions of the GTS will retain their full force and scope.
11.3. LPG makes a Customer Service Department available to the purchaser to answer any questions and comments which the latter may have when using the website and to provide appropriate advice concerning the sale of the products available on the Websites.
The Customer Service Department may be contacted:
• By e-mail: on the « Contact us » page or at the address email@example.com
• By telephone: on 00 33 4 75 78 69 00 or on 00 800 699 355 269 (toll-free number from a landline telephone in Europe only)
• By post: LPG SYSTEMS – Service Clients WELLBOX – 30, rue Dr Abel -Technoparc de la Plaine – 26000 VALENCE- FRANCE