GENERAL TERMS AND CONDITIONS OF SALE

OF THE ELYOS SITE

PREAMBLE

The site, presented in French, accessible via the Internet at www.elyos.eu is published by :

The company SANTE SERVICE SARL whose registered office is located Zone de la Pilaterie - 8 rue des Champs - 59290 Wasquehal cedex, registered in the RCS of LILLE METROPOLE under the number 421 725 136.

The site, hosted by OVH (2 rue Kellermann - 59100 Roubaix), proposes an offer reserved for persons acting as consumers.

Any person wishing to make a purchase on the elyos.eu online sales site is hereinafter referred to as "the Customer".

Article 1: Purpose and acceptance of the general conditions of sale

1.1 Scope of application

The present terms and conditions of sale, hereinafter referred to as "GTC", aim to define the contractual relationship between SANTE SERVICE SARL, hereinafter referred to as "the Seller", and the Client, as well as the conditions applicable to any purchase made through the website by an individual or a legal entity with legal capacity and acting in a personal capacity as a consumer. The Customer, a natural person, declares that he/she is of legal age and is not under guardianship or curatorship.

Any order of article(s) placed on the site implies the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional on a handwritten signature by the customer.

In accordance with the provisions of Articles 1366 et seq. of the Civil Code, supplemented by Decree No. 2017-1416 of 28 September 2017 on electronic signatures, it is recalled that the validation of the "order form or cart" as specified in Article 3 below, constitutes an electronic signature which has, between the Seller and the Customer, the same value as a handwritten signature.

The Seller reserves the right to modify these terms and conditions of sale at any time, without notice, it being understood that such modifications will not apply to orders previously accepted and confirmed by the Seller. These conditions apply to the exclusion of any other document.

The Customer may be referred to in the following as "you".

1.2 Exclusions

The GTC are not applicable to professionals. Any natural or legal person, public or private, who acts for purposes within the framework of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name of or on behalf of another professional, is considered a professional.

Article 2: The offer

In accordance with article L. 111-1 of the French Consumer Code, you can, prior to placing your order, take note of the characteristics of the product(s) you wish to order on the site. However, the photographs, although being as accurate as possible, cannot ensure a perfect similarity with the products offered (particularly with regard to colours) and do not fall within the contractual field.

Therefore, SANTE SERVICE shall not be held liable for any errors. The Client is invited to read the instructions for use and any other information attached to the product or on its packaging (conditions of use, precautions for use, etc.).

Article 3: Orders

An order can only be registered on the elyos.eu site if you are clearly identified.

The acceptance and confirmation of the order goes through several steps:

  1. The selection of the product purchased: you make your selection by browsing the various pages of the site and validate your choice and the quantity of items desired, and you must read the general conditions of sale and check the box: "I have read the general conditions of sale and I accept them without reservation".
  2. Identification: you enter your e-mail address and password. If it is your first connection, you identify yourself and create your password.
  3. Your contact details: you fill in your delivery address and your invoicing address, mentioning your surname, first name, address, postcode, town, mobile phone number, e-mail address and click on "validate".
  4. Finally, you will automatically receive an e-mail with the following documents:

Your invoice with the general sales conditions.

The sale is validly and definitively formed between the parties as of the acceptance of the sale by SANTE SERVICE, which is materialised by the SENDING OF AN ELECTRONIC E-MAIL OF CONFIRMATION OF BANK PAYMENT and the sending of your invoice.

Orders are archived for a period of 12 months and can be consulted at any time for a period of 12 months in the "My account" area.

Orders placed at the weekend (from Friday after 4pm to Sunday evening) or on a public holiday will be recorded within two working days at the latest. You agree that the order recording systems are proof of the nature of their agreements and dates.

At any time, you can obtain information on the status of your order at www.elyos.eu, under the heading "My Order History and Details", in "My Account".

Article 4: Availability

Product offers and prices are valid as long as they are visible on the site, within the limits of available stocks.

In the event of unavailability of products after placing your order, the Seller will inform you by e-mail or by post as soon as possible.

Article 5: Prices of items for sale on the site

Our prices are indicated in euros, excluding VAT and excluding delivery costs, and take into account the French VAT in force.

The amount of the delivery costs is determined by the place of delivery and the weight of the products. It can be consulted before the order is confirmed and is included on the invoice at the time of payment.

In any case, the Seller reserves the right to modify its prices and delivery charges at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered, subject to availability on that date.

Article 6: Payment

All orders are payable in euros by credit card.

The cards accepted are Carte Bleue, Mastercard and Visa. When validating your order, you provide the number of your bank card, associated with the expiry date and the cryptogram (last three digits on the back of the card). The online provision of these elements and the final validation of the order are proof of the integrity of the order and the payability of the sums due in execution of said order.

In order to ensure the security of payments, the Seller uses the secure payment service Monetico paiement from the CIC bank. The server is encrypted thanks to the SSL (Secure Socket Layer) protocol and confidential information is transmitted directly encrypted on the server to be verified. The information is never transmitted in clear text and is not stored on the server. For this reason, the data relating to bank cards (number, expiry date, cryptograms) will be requested again for each new transaction on the elyos site.

The transaction is immediately debited to the Customer's bank card after verification of the data on the card, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his bank card details, the Customer authorises the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own. The Customer shall provide the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers.

In the event that it is impossible to debit the All-Inclusive Price, the Online Sale shall be immediately terminated by operation of law and the Order shall be cancelled.

The Seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of a payment incident or incorrect address.

As part of the fight against Internet fraud, information relating to your order may be transmitted to any authority for verification.

 

Article 7: Delivery times

In accordance with the provisions of Article L 261-1 of the Consumer Code, the Seller delivers the product on the date or within the period indicated to the consumer when the order is placed.

In general, the product is delivered within 7 days, subject to the availability of the product in stock.

In any event, the agreed deadlines shall be extended in the event of force majeure. Cases of force majeure include the total or partial stoppage of the Seller's personnel or that of one of its suppliers, subcontractors or carriers due to strike, fire, flood, manufacturing accident, breakdown of machines and tools, lack of raw materials, import or export ban or embargo, refusal, the refusal, reduction or withdrawal of an import licence, the occurrence of an epidemic or pandemic, i.e. the development and spread of a contagious disease on national or international territory such as, in particular, all the viruses belonging to the family of coronaviruses (SARS-CoV, SARS-CoV-2, also known as "Covid-19" or its variants).

Under no circumstances may delays in delivery due to product shortages give rise to compensation and/or damages.

The Seller is in no way responsible for the non-respect of the delivery times announced by the carrier itself. Therefore, no compensation or reimbursement may be requested from the Seller in the event of a delay due solely to the failure of the carrier.

 

Article 8: Delivery

Deliveries are made exclusively in France (including DROM COM), the European Union and Switzerland to the delivery address you have given. The goods always travel at your risk and are only insured on your express instruction and at your expense.

It is the Customer's responsibility to check, in the presence of the carrier, the good condition of the goods delivered. In the event of damage or shortcomings, the Customer must indicate clear, significant, precise and complete reservations on the transport documents; confirm these reservations to the carrier by registered letter with acknowledgement of receipt within three days of receiving the goods. Should the Customer fail to comply with this provision, the Seller shall not be held liable.

 

Article 9: Right of withdrawal/Returns

9.1 Right of withdrawal

In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) working days from the day following receipt of his order to exercise his right of withdrawal without having to justify his decision or pay any penalties.

If the period of fourteen (14) working days expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The Customer may not exercise his right of withdrawal from the moment the product has been unpacked or unsealed after delivery and cannot be returned for reasons of hygiene or health protection in accordance with the provisions of Article L 221-28, 5° of the Consumer Code.

The return of the products is done under the responsibility of the Customer and at his expense. Any damage suffered by the products on this occasion is likely to prevent the exercise of the right of withdrawal.

We will refund you as soon as we have received the returned item in the required condition (items in original packaging).

9.2 Returns due to transport damage

By signing the delivery note, you accept the products delivered as is and therefore no claim for damage suffered during transport will be accepted. It is your responsibility to carry out all checks and make all reservations on arrival of the package and to exercise, if necessary, all recourse against the carrier. The goods always travel at the risk of the recipient. You have a period of 3 days to make any reservations with the carrier.

If the products have been damaged in transit, in order to obtain a replacement, you must :

  • make reservations to the carrier,
  • inform the Seller.

Products returned incomplete, damaged or used cannot be exchanged or refunded.

We remind you that all claims or requests for return not made in the defined rules and time limits cannot be taken into account and will release the Seller from any responsibility towards you.

 

Article 10: Guarantee

The Customer benefits, for all items, from legal guarantees provided by articles L217-4 and following of the Consumer Code (legal guarantee of conformity, legal guarantee against hidden defects) and the Civil Code.

The guarantee is limited to the replacement or reimbursement in value of the goods recognised as defective by the seller.

In general, the guarantee cannot be applied in the event of normal wear and tear of the goods, damage caused as a result of incorrect use or use that does not comply with the rules and precautions for use set out in the instructions, poor maintenance, negligence, incorrect handling or installation, or the transformation of products.

Any return must be subject to the prior agreement of the Seller and is always at your expense. All returns must include a copy of the invoice, the delivery note and a note detailing the reasons for the return.

Independently of this contractual guarantee, the seller remains liable for defects in the conformity of the goods and for hidden defects under the conditions set out in Articles 1641 and 1649 of the Civil Code.

Reproduction of legal provisions :

Article L217-4 of the Consumer Code

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

The property is in conformity with the contract:

1° Whether it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, which was brought to the attention of the seller and which the latter has accepted

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by 2 years as from the delivery of the good.

Article L217-16 of the Consumer Code

Where the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.

This period shall run from the date of the buyer's request for action or from the time the goods in question are made available for repair, if this is after the request for action.

Article 1641 of the Civil Code

The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.

 

Article 11: Liability

The Seller shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or in the event of a stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications.

Likewise, the Vendor cannot be held responsible for :

  • disadvantages or damage inherent in the use of the Internet
  • any interruption of the site;
  • any occurrence of bugs ;
  • any indirect damage that may occur as a result of the purchase of the products;
  • any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the site;

Article 12: Intellectual Property

The site, its content and all the elements constituting it are creations for which the Seller is the holder of all intellectual property rights or, where applicable, of their respective owners with whom the Seller has concluded agreements. Any use of the site by the Customer for commercial purposes is prohibited.

Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly forbidden without the express written consent of the Seller.

This representation or reproduction, by any means whatsoever, constitutes an infringement sanctioned by articles L.335-2 and following of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer. In addition, the owners of the copied Content may take legal action against you.

ELYOS is a registered trademark in France and in the European Union.

Article 13: Personal data

Please note that some information is mandatory and necessary for the processing of your application. Failure to answer a mandatory field may jeopardise the proper handling of your file.

The Seller has established a data protection policy which can be consulted online and to which the Customer is invited to refer.

The Seller undertakes, in the context of the collection and processing of personal data, to comply with the provisions of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, in particular as amended by Law No. 2019-826 of 6 August 2019 and Regulation 2016/679/EU of 27 April 2016 "on the protection of individuals with regard to the processing of personal data and on the free movement of such data" .

The Seller, as data controller, processes personal data for the management of its relations with its customers and for the performance of the sales contracts concluded with them, the legal basis for the processing being the performance of the contractual or pre-contractual relationship existing between the Seller and the Customer and, where applicable, compliance with a legal obligation. Personal data may also be processed for statistical and canvassing purposes on the legal basis of the Seller's legitimate interest.

The information collected (e.g. surnames, first names, e-mail addresses and telephone numbers of the Customers) is essential for this processing and is intended for the relevant departments of the Seller and, where applicable, its service providers and/or subcontractors. The subcontractors in question are subject to a confidentiality obligation and may only use your data in accordance with our contractual provisions and applicable legislation.

Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

They are kept for the entire duration of the commercial relationship and for a period of time in accordance with legal provisions or proportionate to the purposes for which they were recorded. Certain retention periods are in the legitimate interest of the Seller.

Customers have the right to access, rectify and delete their personal data, the right to withdraw their consent, the right to limit processing, the right to object to the processing of data on legitimate grounds, the right to data portability and the right to issue post-mortem advance directives, by contacting the Seller:

by mail to

SANTE SERVICE SARL - Zone de la Pilaterie - 8 rue des champs - 59290 Wasquehal indicating your name, first name, address, email

Electronically :

[email protected]

The application must be accompanied by proof of identity.

Customers also have the right to lodge a complaint with the CNIL.

Article 14: Modification and interruption of access to the site

The seller reserves the right, at any time, to temporarily interrupt access to all or part of the site for technical reasons, to modify the contractual conditions or to bring the site into compliance with legal or regulatory provisions, without having to inform the customer in advance.

Article 15: Language and applicable law

The present general conditions of sale are subject to French law. The applicable language is French.

Article 16: Mediation and Dispute Resolution

In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before taking any legal action. The client is then invited to contact our customer service department by mail SANTE SERVICE SARL - Zone de la Pilaterie - 8 rue des champs - 59290 Wasquehal.

According to Article L. 612-1 of the Consumer Code "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute with a professional. "

The disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.

If you have any problems, please contact us beforehand or contact our after-sales service by e-mail: [email protected]

Only complaints relating to the Online Sale of the Articles will be taken into account.

In the year following your request to our services, in application of article R. 616-1 of the Consumer Code, you may have your request examined by a mediator, whose contact details are given below:

SANTE SERVICE is a member of the Federation of E-Commerce and Distance Selling (FEVAD) and the mediation service:

https://www.mediateurfevad.fr, Mediation Centre of the FEVAD 60 rue de la Boétie 75008 PARIS

For cross-border disputes, you can lodge a complaint on the Online Dispute Resolution (ODR) platform accessible from the following electronic link

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

You may, at your own expense, be assisted by a lawyer.