Terms of Sales

These conditions relate to all sites (referred to above as “the Sites”) published by the company Epycure:

Epycure Company, a simplified joint-stock company with capital of €89,806, whose registered office is located at 23/25 rue Jean-Jacques Rousseau - 75001 Paris, registered with the Paris Trade and Companies Register under number 844 585 81, with intra-community VAT number FR72844585810 (hereinafter “Epycure”).

I. APPLICATION OF THE GENERAL CONDITIONS OF SALE

The general terms and conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with Epycure by any person (the "Customer").

The Customer must read the General Terms and Conditions prior to any order (the "Order"), the General Terms and Conditions being available on the Site.

Epycure reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale is the one appearing online on the Site at the time of the Order. Consequently, placing an Order requires the Customer's full and unreserved acceptance of the General Terms and Conditions by clicking on the "I have read and accept the general terms and conditions of sale" button.

II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

The website, https://epycure.com is an e-commerce website owned and operated by Epycure.

The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except for interruption, scheduled or not, by Epycure or its service providers, for the needs of its maintenance and/or security or in cases of force majeure (as defined below). Epycure cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.

Epycure does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Sites or their contents. Epycure cannot be held responsible for data transmission, connection, or network unavailability problems.

Epycure reserves the right to modify the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of service provision, the Client may be informed of the modifications, but their acceptance is not requested.

III. REGISTRATION ON THE SITE

To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Customer Account").

The Customer's registration on the Site is validated after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.

When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update their personal information. In the event of an error in the recipient's contact details, Epycure cannot be held responsible for the impossibility of delivering Products.

By registering on the Site, the Client declares and guarantees to Epycure that he/she is of legal age and has the legal capacity to enter into a contract.

Epycure may delete the Customer's Account at any time, for any reason, at its sole discretion.

IV. PRODUCTS

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These details are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Epycure. As such, Epycure cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.

Epycure takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information needs. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

Epycure does not guarantee the accuracy or security of information transmitted or obtained through the Site.

It is specified that Epycure only accepts the return of intact and unopened Products, these two conditions being checked before the returned Products are put back into stock.

V. ORDERS

Placing an Order on the Site is subject to compliance with the procedure set up by Epycure on the Site, comprising successive stages leading to validation of the Order.

The Customer may select as many Products as they wish, which will be added to the shopping cart (the "Shopping Cart"). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices and associated fees. The Customer may freely modify the Shopping Cart before confirming their Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their prices and the associated fees.

As part of a promotional operation and/or product offered, the customer agrees to pay for at least one product in their order to be able to benefit from said offer.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Epycure. To this end, the Customer formally accepts the use of email for Epycure to confirm the contents of his Order. Invoices are available in the "my account" section of the Site.

VI. REFUSAL TO PROCESS AN ORDER

Epycure reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information contained therein. Despite Epycure's best efforts to meet its customers' expectations, it may be required to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.

Epycure cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.

Epycure also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.

VII. PRICE AND PAYMENT TERMS

Product prices are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.

All prices displayed are calculated and include the value added tax (VAT) applicable in France.

Epycure reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.

The Products are payable in cash upon effective Order.

Payment for purchases is made via Stripe, Paypal and Alma.

The Customer expressly acknowledges that the communication of his/her bank card number to Epycure constitutes authorization to debit his/her Account for the amount of the Products ordered. If applicable, a notification of cancellation of the Order due to non-payment is sent to the Customer by An to the email address provided by the Customer when registering on the Site.

The data recorded and stored by Epycure constitutes proof of the Order and all past sales. The data recorded by Viva Wallet constitutes proof of any financial transaction between the Customer and Epycure.

VIII. DELIVERY

Deliveries are made by La Poste's Colissimo 72H service, from Monday to Saturday, depending on the option chosen by the Customer when confirming their Order.

Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).

The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery” section.

When Epycure is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes.

If Delivery is not possible due to an incorrect delivery address or the Customer not collecting their Order, the Customer may choose to have the Order returned or be reimbursed.

Epycure delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the Order (please note that Epycure does not deliver Products to the following countries: Canada). The day after a special operation is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.

In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

Epycure cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure (as defined below).

In the event of the Delivery deadline being exceeded, the Customer may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, Epycure cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by Epycure being possible to the exclusion of any other form of compensation.

IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

9.1. Time limit and procedures for exercising the right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Epycure, without having to justify his decision.

9.2. Terms of return of the Order within the framework of the right of withdrawal

The right of withdrawal is exercised without penalty.

The Customer returns the Order at his own expense, without undue delay and, at the latest, within fourteen (14) days following communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.

Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unopened.

9.3. Reimbursement of Products returned under the right of withdrawal

Reimbursement of the Order by Epycure is made at the latest within 72 hours from the date on which the Package is received by the logistics team.

Epycure will make the refund using the same means of payment as that used for payment of the Order, unless the Customer expressly agrees to use another means of payment and provided that the refund does not incur any costs for the consumer.

If the Customer fails to comply with these General Terms and Conditions, Epycure will not be able to refund the Products concerned. In all cases, return costs are borne by Epycure if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

X. WARRANTIES - LIMITATION OF LIABILITY

Epycure's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Epycure shall under no circumstances be liable for the following losses, regardless of their origin:

• • loss of income or sales
  • operating loss
  • loss of profits or contracts
  • loss of expected savings
  • data loss
  • loss of work or management time
  • image damage
  • loss of opportunity, and in particular of ordering a Product,
  • moral damage.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, except for the guarantees provided by law.

Epycure makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or impair the proper functioning of a computer, including any transmission resulting from the downloading of any content by the Customer, the software used by the Customer to download the content, the Site or the server that provides access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device to protect them from any bugs, viruses or other programming routines of this nature that may be harmful.

The Customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage to their computer system or loss of data resulting from the download of this content.

Epycure is only required to deliver Products that comply with the contractual provisions. Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same type and which can reasonably be expected.

In addition, Epycure guarantees consumers against defects of conformity and hidden defects for the Products on sale on the Site under the following conditions:

Apparent defect - Guarantee - Legal conformity - Hidden defects

The presence of an apparent defect on a Product must give rise to a complaint by email (contact@epycure.com)

The Customer must comply with the procedure relating to the right of withdrawal by informing Epycure in advance by any means of the existence of this apparent defect, so that the return can be accepted.

Subject to validation of a non-conformity or a hidden defect by Epycure or the manufacturer as the case may be, the Customer benefits from the following guarantees:

Epycure, whose registered office is located at 23/25 rue Jean-Jacques Rousseau - 75001 Paris, France, acts as guarantor within the meaning of the provisions of Articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Thus the Client:

• • benefits from a period of two (2) years from delivery of the Product to take action in the event of non-conformity of the Product,
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
  • ​may choose between repair or replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years of the discovery of the defect, to be reimbursed for a Product that has proven unfit for its use.

The warranty against hidden defects allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.

In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the head office of Benda Bili, after sending an email indicating the reason for the return of the Product.

For all useful purposes, the following legal provisions are recalled:

Art. L217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."

Art. L217-5 of the Consumer Code: “The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

Art. L217-7 of the Consumer Code: “Lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Art. L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied."

Art. L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer."

Art. L217-10 of the Consumer Code: “If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor.”

Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.”

Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.”

Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

Art. 1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself.”

Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.”

Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.”

Art. 1646 of the Civil Code: “If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.”

Art. 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. (…)”

Force Majeure

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, Epycure shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Epycure or the Client without compensation from either party. Failure to pay by the Client cannot be justified by a case of force majeure.

XI. PARTIAL DISABILITY

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

XII. NON-WAIVER

No tolerance, inaction or inertia on the part of Epycure may be interpreted as a waiver of its rights under the T&Cs.