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The company LABORATOIRE FÊYÔPÉYI BIEN-ÊTRE ET COSMÉTIQUES, SAS, with a capital of 2,500 euros, headquartered in BAIE-MAHAULT (97122) C/o BURO Club Guadeloupe, Immeuble Simkel 1st floor, 3617 Boulevard Marquisat de Houelbourg, ZI de Jarry, registered with the Trade and Companies Registry of POINTE-À-PITRE under number 903 753 044, represented by Mrs Mélissa MATOU (hereinafter the "Company"), sells the following products to its customers via its website: Cosmetic products, manufacturing equipment, and dietary supplements.
"FEYOPEYI" is a trademark registered with the INPI.
2. Préambule et précautions d’emploi, informations à lire avant toute commande
The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GCS/GTU"). Placing an order implies acceptance of the GCS/GTU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take them into account before making a purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing his order online.
The GCS/GTU frame the conditions under which the Company sells its Products to its Professional and Consumer Customers via its webSite.
They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general terms and conditions of purchase.
They are systematically communicated to the Client upon request.
If the GCS/TGU are subsequently modified, the Client is subject to the version in force at the time of their order.
These General Terms and Conditions of Sale (hereinafter referred to as the 'GTC') aim to define the conditions of sale between, on the one hand, FEYOPEYI, hereinafter referred to as "the Seller".
And on the other hand, any individual or legal entity making a purchase via the FEYOPEYI.COM website, who signs and accepts the present terms and conditions of sale, hereinafter referred to as "the Customer".
Please note that "Products" : refers to all products available and offered for sale on FÈYÔPÉYI.
Between these 2 parties, it has been explained and agreed as follows :
The Seller is a publisher of Products and services that are offered on the FEYOPEYI.COM website and intended for consumers.
The main characteristics of Products offered by FÈYÔPÉYI are described on the website by clicking on each products.
In this regard, FÈYÔPÉYI states the informations mentioned on the page of the said Product is provided by the suppliers from whom the items are acquired.
The list and description of the services offered by FÈYÔPÉYI can be found on the mentioned above website.
When placing an order, the customer adds the desired products to the shopping cart. The contents of the cart can be consulted by clicking on the corresponding icon at any time during the order process, and can be modified by the Customer at any time during the order process and until payment of the current order.
Registration on the website is open to all legal entities and individuals of full age and legal capacity.
Use of the Site is subject to User registration. Registration is free of charge.
To proceed with registration, the User must fill in all mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honor that all information communicated on the website, in particular during registration, is accurate and true. They undertake to update their personal information on the page dedicated to such information and available in their account.
All registered Users have a login and password. These are strictly personal and confidential, and should not, under any circumstances, be disclosed to third parties, under penalty of deletion of the registered User's account. Each registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall under no circumstances be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, can only hold one account on the website.
In the event of non-compliance with the GCS/GTU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
La suppression du compte entraîne la perte définitive de tous les avantages et services acquis sur le Site.
However, any Orders placed and invoiced by the website before the account is deleted will be processed under normal conditions.
In the event of an account being deleted by the Company due to a breach of the duties and obligations stated in the CCS/GTU, it is strictly prohibited for the infringing User to re-register on the Site directly, through another email address, or by proxy without the express authorization of the Company.
Orders can only be placed once the User has registered on the website. Once logged into their account, Users can add Products to their virtual cart. They can then access the summary of their virtual cart to confirm the Products they wish to order and place their order by pressing the "Order" button.
The Customer must provide a delivery address (if different from the billing address), a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the website.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will include a summary of the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
The Company may offer the Customer price reductions, discounts, and rebates based on the number of Products ordered or the regularity of orders, according to the conditions set by the Company.
The Products covered by the GCS/GTU are those which appear on the Website and which are sold and dispatched directly by the Company.
The Products are described on the corresponding page of the Website and all their main characteristics are mentioned. Sales are subject to the availability of the company's stock. The Company cannot be held responsible for stock shortages or the inability to sell an out-of-stock product.
When a registered User wishes to purchase a Product sold by the Company through the Website, the price indicated on the Product page corresponds to the price in euros, all taxes included (ATI), excluding shipping costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed
estimate outlining the pricing formula.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the date of the Order.
6. Terms and conditions of payment
Unless otherwise stipulated, all sales are fully payed in a single instalment when the Order is placed.
Depending on the nature or amount of the order, the Company reserves the right to require a deposit or payment of the full price when placing the order or upon receipt of the invoice.
Payment can be made by :
Bank transfer
Credit card via a secure connection
In the event of total or partial non-payment of Products by the date agreed on the invoice, the Business Customer must pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation, plus 10 percentage points.
The financing transaction selected is the most recent at the date of the Service Order.
In addition to late payment penalties, any sum, including the deposit, not paid on the due date by the Business Customer will automatically incur the payment of a flat-rate indemnity of 40 euros to cover collection costs.
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of Products ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount ATI of the remaining sum due and runs from the due date of the price without the need for any prior formal notice.
Products are delivered exclusively in the following geographical areas :
The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. Delivery times may vary according to the customer's geographic location, the chosen delivery method, or the ordered product.
In the event that delivery is impossible due to an error in the address provided by the customer, the Company will contact the customer as soon as possible to obtain a new delivery address, and any additional delivery charges will be borne by the customer.
Furthermore, the Company cannot be held liable for exceeding delivery deadlines :
in times of high demand, such as Christmas and New Year, for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control, for events attributable exclusively to the carrier responsible for delivery.
Delivery is made according to the Customer's choice and the prices indicated on the website :
For all Orders placed via this website, the Customer has a right to make a claim within 10 days of delivery of the Product. It is the Customer's responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations at the time of delivery, the Products are deemed in compliance with the Order.
To exercise this right to claim, the Customer must send a declaration to the Company via the provided form expressing their reservations and complaints, along with relevant supporting documents (delivery receipt countersigned by the carrier, photographs, etc.).
Any claim not complying with the conditions stated above will not be accepted.
The Company will repair, replace, or refund the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
9. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 14 days from placing the Order, except for products mentioned in article L.221-28 of the French Consumer Code.
To exercise this right of withdrawal, the Consumer must use the"Withdrawal Form"provided for this purpose on the website.
Products must be returned in their original packaging and in perfect condition within 14 days of the Consumer's notification of withdrawal to the Company. The direct costs of returning the goods shall be borne by the Consumer.
The Consumer will be refunded the total costs paid for placing the order within 14 days following the Company's acknowledgment of the withdrawal declaration.
The refund will be made by the same means of payment used for purchase.
10. Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer.
It may therefore repossess the Products in the event of non-payment.In this case, any advance payments made will be retained by the Company as compensation.
For Business Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or when the goods are collected from the store if the Customer has chosen in-store delivery.
Products sold on the website are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below :
Article L.217-4 of the Consumer Code :
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."
Article L.217-5 of the Consumer Code :
"The good conforms to the contract :
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the latter."
Article 1641 of the Civil Code :
"The seller is responsible for the warranty due to hidden defects in the sold item that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given it a lower price, if they had known them."
Any Product resold altered, modified or transformed is not covered by the warranty.
The warranty is limited to the replacement or reimbursement of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product, as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.
The Customer must inform the Company of the existence of defects within two years. The Company will rectify the products deemed defective to the extent possible. If the Company's liability is established, the warranty is limited to the amount excluding taxes paid by the Consumer for the supply of the products.
Replacement of the Products does not extend the warranty period.
The Company reserves the right to modify the website, the GCS/GTU as well as any delivery procedure or other element constituting the services provided by the Company through this website.
When an Order is placed, the User is subject to the stipulations set out in the GCS/GTU in force at the time the Order is placed.
The Company cannot under any circumstances be held responsible for the temporary or permanent unavailability of the Website, and although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned in this document, the Company cannot be held responsible for delivery delays due to reasons beyond its control, unforeseeable and irresistible events, or faults that cannot be attributed to it.
14. Intellectual property rights
The brand, logo, and graphic charter of this website are registered trademarks with the INPI and are intellectual works protected under copyright law, the exclusive ownership of which belongs to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
The law governing the GCS/GUU is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.
The Customer or User expressly accepts the GCS/GTU.
The customer declares that he is aware of them and waives reliance on any other document, in particular his own general terms and conditions of purchase.
The Consumer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the French Consumer Code, and in particular :