Refund policy

Refund policy for the endoboutik.com website

applicable from 10/02/2022

ARTICLE 1. PARTIES

This refund policy applies between Endo Boutik, SAS, share capital: €1,000, registered with the Trade and Companies Register of Bois Guillaume in France on 08/02/2022, under number 910 143 197, registered office: 280 Sentier des Forrières, 76230 Bois-Guillaume, FR, telephone: +33642423920, email: contact@endoboutik.com, VAT not applicable, Article 293B of the CGI, hereinafter referred to as ‘the Publisher’ and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as ‘the Customer’.

ARTICLE 2. DEFINITIONS

‘Customer’: any natural or legal person, under private or public law, registered on the Website.

‘Website Content’: elements of any kind published on the Website, whether or not protected by intellectual property rights, such as text, images, designs, presentations, videos, diagrams, structures, databases or software.

‘The Publisher’: Endo Boutik, SAS in its capacity as publisher of the Website.

‘Internet User’: any natural or legal person, under private or public law, connecting to the Website.

‘Product’: goods of any kind sold on the Website by the Publisher to Customers.

‘Website’: website accessible at the URL endoboutik.com, as well as any sub-sites, mirror sites, portals and variations of the URL relating thereto.

ARTICLE 3. SCOPE OF APPLICATION

The Website is freely accessible to all Internet Users. By browsing the Website, all Internet Users agree to these terms and conditions. Simply connecting to the Website, by any means whatsoever, in particular via a robot or browser, implies full and complete acceptance of these general terms and conditions. When registering on the Website, this acceptance will be confirmed by ticking the corresponding box.

The Internet user thereby acknowledges that they have read and understood them in full and accept them without restriction.

Ticking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher's automatic recording systems and, unless he can provide evidence to the contrary, he waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, including those of the Internet user.

Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing that, that they have the authorisation of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE WEBSITE

The purpose of the Website is to sell Products to Customers.

ARTICLE 5. STAGES OF THE ORDER

5.1. Order

To place an order, Internet users may select one or more Products and add them to their basket. The availability of Products is indicated on the Website, in the description of each item. Once their order is complete, they can access their basket by clicking on the button provided for this purpose.

5.2. Confirmation of the order by the Internet User

By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and verify their unit price and total price. They will have the option of removing one or more Products from their basket.

If they are satisfied with their order, Internet Users can confirm it. They will then be taken to a form where they can either enter their login details if they already have them, or register on the Website by completing the registration form with their personal information.

5.3. Payment by the Customer

Once they are logged in or have completed the registration form, Customers will be asked to check or modify their delivery and billing details, and will then be asked to make their payment by being redirected to the secure payment interface marked ‘order with obligation to pay’ or any similar wording.

5.4. Confirmation of the order by the Publisher

Once payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarising the order and confirming its processing, including all the relevant information.

ARTICLE 6. PRICES - PAYMENT

6.1. Prices

The applicable prices are those displayed on the Website on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not apply in the future.

The prices indicated on the Website are in euros, inclusive of all taxes, excluding delivery costs.

6.2. Payment

The Customer may make payment via Stripe.

When paying by credit card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.

In the event of payment by money order, cheque or bank transfer, delivery times shall only begin to run from the date on which the Publisher receives payment.

6.3. Invoicing

The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default of payment

The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

Any sum not paid by the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to three times the legal interest rate, without this penalty affecting the enforceability of the sums due in principal.

In addition, any delay in payment will result in the defaulting Customer being invoiced for collection costs of €40, the immediate payment of all outstanding sums regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's expense. This clause is in accordance with the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the compensation if he or she considers it to be excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY

7.1. Customer service

The Website's customer service is available Monday to Friday from 9 a.m. to 5 p.m. on the following standard rate telephone number: 0221765950, by email at: ventes@endoboutik.com or by post at the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within 5 hours.

7.2. Right of withdrawal – Distance selling

This Article 7.2 applies to Customers who are consumers within the meaning of the introductory article of the Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with the legislation in force on distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to justify their reasons or pay any penalties, with the exception, where applicable, of return costs estimated at €25 for a parcel worth less than €1,000 and €50 for a parcel worth more than €1,001.

The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not supplied on a tangible medium, or from the receipt of the goods by the Customer or a third party other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is spread over a defined period, the period shall run from the date of receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period shall run from receipt of the first item.

Where the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended to the next working day.

The decision to withdraw must be notified to the Publisher at the address indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher shall send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.

7.2.2. Effects of the right of withdrawal

The Customer shall return or hand back the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating their decision to withdraw.

When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and no later than fourteen days after the date on which this right was exercised. Where applicable, the professional may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first. Beyond that, the amount due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.

Where applicable, the professional shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer. However, the professional is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.

The direct costs of returning the Product shall be borne by the Customer. These costs are estimated at a maximum of 50 euros.

The Customer shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The conditions, time limits and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

• for the provision of services that have been fully performed before the end of the withdrawal period and whose performance has begun after the Customer's prior express agreement and express waiver of their right of withdrawal;
• for the supply of goods made to the Customer's specifications or clearly personalised;
• for the supply of goods that are likely to deteriorate or expire rapidly;
• for the supply of goods that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;
• the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
• maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of spare parts and work strictly necessary to respond to the emergency;
• the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
• the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• concluded at a public auction;
• the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or during a specific period;
• the supply of digital content not provided on a tangible medium, the performance of which has begun after the Customer's prior express agreement and express waiver of their right of withdrawal.

Similarly, the right of withdrawal does not apply to contracts performed in full by both parties at the Customer's express request before the Customer exercises their right of withdrawal.

7.3. Termination of the contract at the Customer's initiative

The Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by them when placing the order.

This clause shall not apply if the delay in delivery is due to force majeure. In such cases, the Customer undertakes not to take legal action against the Publisher and waives the right to terminate the sale as provided for in this article.

7.4. Guarantees

7.4.1. Guarantee against apparent defects and faults

It is the Customer's responsibility to check the condition of the Products upon delivery. This check must include the quality, quantities and references of the Products, as well as their conformity with the order. No claims will be considered after a period of three days from delivery. In any event, any complaint concerning the packages delivered will only be taken into account if the Customer, acting in a commercial capacity, has made reservations to the carrier in accordance with Articles L. 133-3 et seq. of the Commercial Code

7.4.2. Warranty for hidden defects and flaws

7.4.2.1. Legal warranties

Customers have a legal guarantee of conformity (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a safety guarantee (Articles 1245 et seq. of the Civil Code).

Customers who are consumers also have a legal warranty of conformity (Articles L. 217-4 et seq. of the Consumer Code).

7.4.2.2. Contractual warranty

In addition to the legal warranty, the Products are covered by a contractual warranty of conformity in France, valid for 1 year from the date of delivery of the Product.

7.4.2.3. Returns

In order to implement the warranty, it is the Customer's responsibility to return the product to the Publisher's registered office, accompanied by an explanatory letter requesting either repair, replacement or refund.

In any event, the Customer is asked to follow the Publisher's instructions for returning Products precisely.

The costs of returning the Product shall be borne by the Customer, except for consumer Customers invoking the guarantee of conformity under Articles L. 217-4 et seq. of the French Consumer Code.

Consumer Customers have a period of two years from the date of delivery of the goods to take action against the seller. In this respect, they may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of the said Product, except for second-hand goods. Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. When the Customer decides to implement the guarantee against hidden defects, they may choose between cancellation of the sale or a reduction in the sale price.

ARTICLE 8. FINAL PROVISIONS

8.1. Applicable law

These general terms and conditions are subject to French law.

8.2. Amendments to these general terms and conditions

These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of their order or connection to this Website, with any new connection to the personal space implying acceptance of the new general terms and conditions, where applicable.

8.3. Disputes

Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes with a consumer Customer that may arise in connection with the performance of these terms and conditions and for which no amicable solution can be found between the parties must be submitted.

In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since 1 January 2016, mediation has been mandatory for all. Thus, any professional selling to private individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Legalstart / contact@legalstart.com

8.4. Entire agreement

The invalidity of any clause in this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalid clause with a valid clause that corresponds to the spirit and purpose of this contract.

8.5. Non-waiver

The Publisher's failure to exercise the rights granted to it herein shall in no way be construed as a waiver of such rights.

8.6. Telemarketing

The Customer is informed that they may register on the telemarketing opposition list at http://www.bloctel.gouv.fr/.

8.7. Languages of these general terms and conditions

These general terms and conditions are available in French.

8.8. Unfair terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.