Terms of Sales

These terms and conditions apply to all websites (hereinafter referred to as "the Sites") published by the company Epycure:

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

I. APPLICATION OF THE GENERAL TERMS AND 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 Terms and Conditions prior to placing any order (the "Order"), the Terms and Conditions being available on the Site.

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

II. SITE INFORMATION AND SITE ACCESSIBILITY

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

The Site is accessible to all internet users 24/7, except in cases of scheduled or unscheduled interruptions by Epycure or its service providers for maintenance and/or security purposes, or in cases of force majeure (as defined below). Epycure shall not be held liable for any damages of any kind resulting from the Site's unavailability.

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. Epycure may, at its sole discretion, determine any period of unavailability of the Site or its content. Epycure cannot be held liable for data transmission problems, connection issues, or network unavailability.

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 changes, but their acceptance is not required.

III. REGISTRATION ON THE SITE

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

When creating their Account, the Customer must ensure the accuracy and completeness of the information they provide. The Customer is responsible for keeping their personal information up to date. In the event of an error in the recipient's contact information, Epycure cannot be held liable for the inability to deliver Products.

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

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

By providing your telephone number, you are informed of your right, in accordance with Article L. 223-2 of the Consumer Code, to register free of charge on the Bloctel telephone marketing opt-out list ( www.bloctel.gouv.fr ).

IV. PRODUCTS

The Products offered for sale are those described on the Website on the day the Customer consults the Website, subject to availability. This information is updated automatically in real time. However, Epycure is not liable for any errors in updating, regardless of their origin. Therefore, Epycure cannot be held responsible for the cancellation of a Product Order due to stock depletion.

Epycure takes great care in presenting and describing its Products to best inform the Customer. 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 Products that are intact and unopened, 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 put in place by Epycure on the Site, which includes successive steps leading to the validation of the order.

The Customer may select as many Products as they wish, which will be added to their shopping cart (the "Cart"). The Cart summarizes the Products chosen by the Customer, as well as their prices and associated fees. The Customer may freely modify the Cart before confirming their Order. Order confirmation constitutes acceptance by the Customer of the Terms and Conditions, the Products purchased, their prices, and any 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 in order to benefit from said offer.

A confirmation email summarizing the Order (Product(s), price, availability, quantity, etc.) will be sent to the Customer by Epycure. The Customer expressly agrees to the use of email for confirmation by Epycure of the Order details. Invoices are available in the "My Account" section of the Website.

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 appearing on it. Despite Epycure's best efforts to meet its customers' expectations, it may be necessary to refuse to process an Order after sending the Customer the order confirmation email.

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

VII. PRICE AND PAYMENT TERMS

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

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

Products are payable in full upon placement of the order.

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

The Customer expressly acknowledges that providing their bank card number to Epycure constitutes authorization to debit their account for the price of the Products ordered. If applicable, a notification of Order cancellation due to non-payment will be sent to the Customer annually to the email address provided by the Customer during registration on the Site.

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

VII.bis SUBSCRIPTION

The Subscription is offered under different recurring formulas, the terms of which (frequency, price, content) are specified at the time of subscription on the Site.
Subscribing to one of these plans commits the Customer to an automatic delivery service for the Products, which is tacitly renewed until termination.

By validating their subscription, the Customer authorizes the automatic debit of the amount corresponding to the chosen plan, according to the frequency specified during the initial order.

The Products are then shipped and delivered within an indicative period of three (3) to seven (7) working days for France, and up to fourteen (14) working days for deliveries in Europe and internationally, from the date of shipment.

The Customer may terminate their subscription in accordance with the terms defined in Article VII bis.2 "Termination" of these General Terms and Conditions of Sale.

By subscribing, the Customer acknowledges having read, understood and accepted the General Terms and Conditions of Sale without reservation.

VII bis.1. Responsibility and access to the customer account

a) Clarity of the purchasing process and customer engagement:
The Subscription is explicitly mentioned several times throughout the purchase process on the Site, before order confirmation. By confirming payment, the Customer acknowledges having read and accepted these General Terms and Conditions of Sale.

Upon completion of the order, the Customer receives a purchase confirmation email, a subscription confirmation email, and a reminder email before each automatic renewal.
These elements guarantee the transparency of the commitment undertaken.

Epycure cannot be held responsible in the event of a subscription taken out without actually reading the information displayed during the order.

b) Access to the customer account:
The information used to identify the Client (username and password) is personal and confidential.
They can only be modified by the Client or by Epycure, particularly in the event of a lost password.

The Client is solely responsible for their use. Any order placed using these credentials is deemed to have been placed by the Client himself.

The Company cannot be held responsible for the consequences related to the disclosure of this data, nor for its use by a third party.

Epycure cannot, under any circumstances, be held liable for any direct or indirect damages related to the use of the service (including damage to reputation, loss of data, damage to image, etc.).

VII bis.2. Subscription termination

The Customer can cancel their subscription at any time from their subscriber area.
The cancellation takes effect at the end of the current billing cycle. Any order already invoiced before the cancellation request will be shipped and cannot be cancelled or refunded.

The registered payment method is deleted at the Client's request, once the cancellation is effective.

If unable to access the subscriber area, the Customer can contact customer service via the form available on the Site.

In the event of cancellation of the subscription or a change of Product within the subscription, the Customer loses all pricing or specific benefits linked to the initial subscription (promotional offers, preferential pricing, etc.). These benefits are neither transferable nor retained beyond the plan or Product initially subscribed to.

However, if the Customer chooses to reactivate their subscription on the same Product, this reactivation can be carried out under the initially applied pricing conditions, subject to availability and technical compatibility.
Reactivation can be done directly from the customer area or via customer service.

Termination may also be initiated by Epycure, particularly in the event of non-compliance with these General Terms and Conditions of Sale or suspicion of fraud.

VIII. DELIVERY

Deliveries are provided by the Colissimo 72H service of the Post Office, from Monday to Saturday, depending on the option chosen by the Customer when validating their Order.

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

The Delivery charges 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 shipping the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.

Delivery is made to the delivery address indicated by the Customer, which must be the Customer's residential address, the address of a natural person of their choice, or the address of a legal entity (delivery to their company). Delivery cannot be made to hotels or post office boxes.

In the event that delivery cannot be made, due to an incorrect delivery address or the Customer's failure to collect their Order, the Customer may choose to have the Order reshipped or to be refunded.

Epycure delivers Orders within a maximum of twelve (12) business days for Delivery in Metropolitan France and twenty (20) business days for International Delivery, this period being calculated from the first business day after Order validation (please note that Epycure does not deliver Products to the following country: Canada). Following the launch of a special offer and from November 23rd to December 31st, the Delivery time may be extended 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, floor, access codes, names and/or intercom numbers, etc.).

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

In the event of a delivery delay, the Customer may request cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of such request. Notwithstanding the foregoing, Epycure shall not be liable for any consequential damages resulting from a delivery delay; only a refund of the Product by Epycure is 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 Client has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal with Epycure, without having to justify his decision.

9.2. Procedures for returning the Order under the right of withdrawal

The right of withdrawal may be exercised without penalty.

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

After this fourteen (14) day period, the sale is final. The product must be returned in its original packaging, in its original condition, new and unopened.

9.3. Refund of Products returned under the right of withdrawal

The refund for 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 makes the refund using the same payment method that was used for the Order payment, unless the Customer expressly agrees to use another payment method and provided that the refund does not incur any costs for the consumer.

If the Customer fails to comply with these Terms and Conditions, Epycure will not be able to refund the Products in question. In all cases, return shipping 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 for any Product purchased on the Site is strictly limited to the purchase price of that Product. Epycure will under no circumstances be liable for the following losses, regardless of their origin:

• • loss of revenue or sales
  • loss of earnings
  • loss of profits or contracts
  • loss of anticipated savings
  • data loss
  • loss of work or management time
  • reputational damage
  • loss of opportunity, and in particular the opportunity to order a Product,
  • moral harm.

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

Epycure provides no guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb, or any other type of programming routine designed to damage, destroy, or otherwise impair the functionality of a computer or disrupt its proper operation, including any transmission resulting from the Client's download of any content, the software used by the Client to download the content, the Site, or the server that provides access to it. In this regard, the Client acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer hardware and any other devices to protect them against any bugs, viruses, or other such harmful programming routines.

The Client acknowledges assuming all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of such content.

Epycure is only obligated to deliver Products that conform to the contractual provisions. Products are considered to conform to the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set forth on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally intended; (iii) they must meet the quality and durability standards that are generally accepted for products of the same kind and that can reasonably be expected.

Furthermore, Epycure guarantees consumers against defects in conformity and hidden defects for Products sold on the Site under the following conditions:

Apparent defect - Warranty - Legal conformity - Hidden defects

The presence of an apparent defect on a Product must be reported 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 hidden defect by Epycure or the manufacturer as applicable, the Client 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 the delivery of the Product to take action in the event of a lack of conformity of the Product,
  • is exempt from providing proof of the existence of the non-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 statutory warranty of conformity applies independently of the commercial warranty described below.

Furthermore, the Customer may also invoke the legal guarantee against hidden defects in the goods sold, as defined in Articles 1641 et seq. of the French Civil Code. This legal guarantee against hidden defects entitles the Customer, within two years of discovering the defect, to a refund for a Product that has proven unfit for its intended use.

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

The Customer then has the choice between 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 claim to the head office of Benda Bili, after sending an email indicating the reason for the return of the Product.

For the record, the following legal provisions are recalled:

Article L217-4 of the Consumer Code: "The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision."

Article L217-5 of the Consumer Code: "Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable (a) if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; (b) if they possess the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller."

Article L217-7 of the Consumer Code: "Any lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity."

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

Article L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer."

Article L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, the sale cannot be rescinded if the lack of conformity is minor.”

Article L217-11 of the Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not preclude the awarding of damages."

Article L217-12 of the Consumer Code: "The action resulting from a lack of conformity is time-barred two years from the delivery of the goods."

Article L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to bring an action based on latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."

Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

Article 1642 of the Civil Code: "The seller is not liable for apparent defects which the buyer could have discovered for himself."

Article 1643 of the Civil Code: "He is liable for hidden defects, even if he was unaware of them, unless, in that case, he stipulated that he would not be bound by any warranty."

Article 1644 of the Civil Code: "In the cases referred to in Articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund."

Article 1646 of the Civil Code: "If the seller was unaware of the defects in the item, he shall only be required to refund the price and reimburse the buyer for the expenses incurred by the sale."

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

Force Majeure

In the event of force majeure preventing the performance of these Terms and Conditions, Epycure shall inform the Client within fifteen (15) days of the occurrence of such event, by email or registered letter with acknowledgment of receipt. Specifically, the following shall be considered force majeure or fortuitous events, in addition to those usually recognized by French courts: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather, epidemics, blockages of transportation or supply routes for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing methods, computer failures, telecommunications outages, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction in question may be terminated at the request of either Epycure or the Client without compensation for either party. The Client's failure to pay cannot be justified by a force majeure event.

XI. PARTIAL DISABILITY

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

XII. NON-WAIVER

No tolerance, inaction or inertia on the part of Epycure shall be interpreted as a waiver of its rights under the terms and conditions.

XIII. MEDIATION – COMPLAINT

In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", after contacting our customer service and failing to receive a satisfactory response within 30 days, the Customer may contact the following mediator free of charge:

CM2C
49 rue de Ponthieu
75008 PARIS
Tel.: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

The Customer may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr