Legal Notice - Wellbox Official Website

GENERAL TERMS OF SALES

France DOM-TOM and International

LPG SYSTEMS, Simplified joint stock company

Share capital: €2,124,950 – Romans RCS number: B 335 183 836

Head office: 30, rue Docteur Abel -Technoparc de la Plaine – CS 900 35 – 26 902 Valence Cedex 09 FRANCE

Telephone: +33 (0)4 75 78 69 00

Intra-community VAT number: FR 50 33 51 83 836 – A.P.E. code : 3250A

Registration number pursuant to article L541-10 of the Environmental Code: FR002165_05SRUY

Preamble

These general terms of sale (hereinafter referred to as « GTC ») apply to all orders placed remotely by a buyer, who is a consumer domiciled in the French DOM-TOMs or in an international country (other than mainland France), from the seller LPG SYSTEMS (hereinafter « LPG ») for all the items and services offered on LPG’s WELLBOX® sites (hereinafter referred to as the « Sites »).

Consumer means « any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity« .

The GTC are systematically offered to the buyer when placing an order and are available throughout the navigation on the Sites. The applicable GTC are those in force on the day of validation of the order. Consequently, the fact of placing an order implies the buyer’s full acceptance, without reservation, of the conditions defined in these GTC, without however this acceptance being conditioned by a handwritten signature on the part of the buyer. It is also specified that the buyer is authorized to save or print the GTC.

The products are offered for sale in the following geographical territory: France DOM-TOM and International (excluding metropolitan France).

ARTICLE 1 – PRODUCTS

In accordance with article L.111-1 of the French Consumer Code, the buyer may, prior to his online order, take note on the Sites of the essential characteristics of the product(s) he wishes to order.

The products presented on the Sites are valid within the limits of available stocks and subject to their availability.

The buyer is informed that this website is not intended to provide medical and/or paramedical advice. All the information presented on the Sites is purely indicative. LPG does not guarantee that the information accessible via its site is complete and up to date. This information, which is not exhaustive, does not constitute advice of any kind whatsoever, and cannot be dispensed with from the advice of a professional. This information is subject to change at any time and without notice.

1.4. LPG reserves the right to modify the products available for sale on the Sites at any time.

ARTICLE 2 – PRICE

2.1. The prices that are guaranteed to the buyer are those displayed on the Sites at the time the order is placed by the buyer. However, prices may be changed at any time by LPG. These changes will be notified to the buyer before any order on the Sites.

2.2. ANY SALE TO A COUNTRY OTHER THAN METROPOLITAN FRANCE AND THE EUROPEAN UNION PUT THE BUYER IN THE SITUATION OF AN IMPORTER, WHO WILL ENSURE UNDER HIS SOLE RESPONSIBILITY THE ENTRY OF THE PRODUCTS INTO THE TERRITORY OF DESTINATION, WILL PERFORM ALL OF THE NECESSARY STEPS, AND WILL BE RESPONSIBLE FOR ALL TAXES, CUSTOMS OR IMPORT DUTIES AND MORE GENERALLY SUMS TO BE PAYABLE THEREOF.

– For any shipment to a country located in the European Union (excluding DOM-TOM), the VAT regulations are set by the European Union. The prices indicated on the Sites are indicated in euros including VAT.

– For shipments outside the European Union and to DOM-TOMs, the prices are indicated in euros (with the exception of certain countries whose prices and currencies are specified on the Sites), and an invoicing will be applied exempt from taxes and duties. Any taxes and customs duties to be paid at destination are the responsibility of the recipient of the shipment. These rights are beyond the control of LPG. LPG recommends that the buyer obtain information from the local authorities in his country on these aspects.

2.3. The prices indicated do not include shipping costs which will be invoiced in addition to the price of the products purchased.

These costs are specified in the summary before the registration and validation of the order by the buyer.

ARTICLE 3 – ORDER TAKING

3.1. Any order assumes the buyer’s unreserved acceptance of these GTC. The buyer will be asked to validate them during the last stage of his order on the Sites.

3.2. The buyer chooses the exact product by adding it to the cart. The basket constitutes the buyer’s order form and the latter has the possibility of verifying proud and modify the details of his order at any time in the « My Shopping Cart » tab.

3.3. Once the order is complete, a summary will be displayed and the buyer will have the possibility to modify his order or to validate it. Once the order has been validated, the buyer will enter the information necessary for invoicing and delivery of the items. The information provided by the buyer is binding on him. In the event of an error in the wording of the delivery details, the Sites and the LPG company cannot be held responsible for the impossibility of delivering the item(s).

ARTICLE 4 – PAYMENT

4.1. Payment of the full price is due upon order. By validating his order, the buyer acknowledges that it is an order with payment obligation.

4.2. Payment is made via the Adyen platform using one of the following payment methods:

In one go by bank card (eg Carte Bleue, Visa, Master Card, American Express, etc.);
In three or four installments free of charge using the « ONEY » split payment solution (subject to acceptance of the file by Adyen and Oney).

4.3. Once the payment has been made, the buyer’s order will be automatically validated and will constitute an irrevocable commitment on his part which can only be called into question in the cases strictly provided for by law and provided for by these GTC.

ARTICLE 5 – ORDER CONFIRMATION

5.1. The confirmation of the buyer’s order sent by LPG is sent by e-mail to the e-mail address provided by the buyer during his order on the Sites. LPG cannot under any circumstances be held liable for errors in the transmission of this address by the buyer.

5.2. LPG reserves the right not to confirm an order for any reason whatsoever (in particular in the event of a problem concerning the order received or a problem with the supply of items).

LPG will inform the buyer of the cancellation of his order as soon as possible.

5.3. Pursuant to the legal provisions in force, when an order relates to an amount equal to or greater than €120, LPG retains the writing which establishes the contract concluded between itself and the buyer by electronic means for a period running from from the conclusion of the contract until the date of delivery and for a period of 10 years from this date. The buyer will then have access to this document at any time, upon written request made to the « Wellbox Customer Service – LPG SYSTEMS – 30, rue Dr Abel -Technoparc de la Plaine – 26000 VALENCE France » or by e-mail to the address serviceclientwellbox@lpgsystems.com accompanied by proof of identity.

However, LPG recommends that the buyer files the order confirmation sent by LPG on paper or computer.

ARTICLE 6 – ZONES AND DELIVERY TIMES

6.1. ANY ORDER ON THE SITES ENABLES DELIVERY IN THE FRENCH DOM-TOM AND INTERNATIONALLY (EXCLUDING METROPOLITAN FRANCE), PROVIDED THAT THE PROVISIONS SET FORTH IN ARTICLE 2.2. THESE TERMS AND CONDITIONS ARE RESPECTED BY THE BUYER.

If the buyer wishes to be delivered to a friend, a neighbor, at his place of work, he will have to specify this when ordering by clearly indicating his delivery address.

6.2. The delivery of the buyer’s orders will be made by the carrier chosen by LPG. Delivery is made by direct delivery of the product to the recipient specified by the buyer, with, for each delivery, the signature of an acknowledgment of receipt by the identified recipient. The recipient must, in all cases, ensure the contents and the good condition of the contents of the package before signing the delivery note. Any dispute concerning transport (in particular, without this list being exhaustive, breakage, damage, damaged packaging, etc.) must be systematically reported by the buyer on the delivery note within twenty-four (24) hours to the carrier.

This written statement from the carrier is mandatory for any request for exchange or refund.

6.3. Delivery times are indicated on the product sheet, and failing that, may not exceed the legal period of (30) days following the conclusion of the contract.

In accordance with the legal provisions in force, in the event of late delivery due to LPG, you have the option of terminating the contract under the terms and conditions defined in Article L 216-6 of the French Consumer Code.

6.4. LPG undertakes to deliver orders placed by the buyer within the limits of its available stocks. Consequently, in the event of unavailability of one of the products offered on its site, the buyer will be informed, when placing his order, and the sale cannot be made.

However, despite the care that LPG takes in the management of its stocks and the means implemented for this purpose, errors may, at exceptional, be mentioned on the state of its stocks. In this case, LPG will inform the buyer, by e-mail, of the unavailability of the product(s) concerned, as soon as possible.

The product will then not be invoiced or debited by LPG, and the buyer will be invited to renew his order later. In the event of an order for several different items on the Site, only the products in stock will be invoiced and debited by LPG, and will be delivered to the buyer.

6.5. In accordance with the legislation in force, LPG is responsible for the items sold until their delivery.

However, LPG (as a professional) may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure as defined by article 1218 of the French Civil Code.

6.6. Any risk of loss or damage to the products is transferred to the buyer when the latter or a third party designated by him, and other than the carrier offered by LPG, takes physical possession of these products.

ARTICLE 7 – WARRANTY – AFTER-SALES SERVICE

7.1. General provisions

i) LPG is bound by the two (2) year legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-13 of the French Consumer Code and the two (2) year guarantee relating to defects of the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code.

The buyer may make his request under these two guarantees to the following address: LPG SYSTEMS, Technoparc de la Plaine, 30 rue du Docteur Abel CS 900 35 – 26902 Valence Cedex 09 France.

In accordance with the legislation in force, the buyer is informed that:

– he has a period of two (2) years from the delivery of the goods to act;

– he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

– he is exempted from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.

– the legal guarantee of conformity applies independently of the LPG commercial guarantee (optional by the buyer). LPG therefore remains bound by the guarantees of conformity and that relating to hidden defects even if an additional commercial guarantee were to be offered to the buyer.

– he can decide to implement the guarantee against hidden defects and can, if necessary, choose between the cancellation of the sale or a reduction in the sale price.

Extracts from the French Consumer Code

Article L217-4 of the Consumer Code

“The seller is required to deliver goods that comply with 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, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.

Article L. 217-5 of the Consumer Code

“To be in conformity with the contract, the good must:

1° Be suitable for the use usually expected of a similar item and, where applicable:

– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”.

Article L217-9 of the Consumer Code

“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.

However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.

Article L. 211-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

Article L217-16 of the Consumer Code

“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the request for intervention of the purchase eur or the provision for repair of the property in question, if this provision is subsequent to the request for intervention ».

Extracts from the French Civil Code

Article 1641 of the Civil Code

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.

Article 1648 of the Civil Code

Paragraph 1: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

ii) The lack of conformity is presumed to exist at the time of sale (more precisely the delivery of the product) if it appears within 24 months of delivery.

7.2. Warranty on WELLBOX® devices

LPG warrants that the product is, at the time of its original purchase, free from defects in material, design and workmanship subject to the following terms and conditions:

(i.) The warranty is given to the buyer. It does not in any way limit the rights of the buyer according to the mandatory provisions of the applicable national law.

(ii.) The warranty is valid provided that the buyer provides the original proof of purchase with the product, in particular invoice, receipt, receipt, warranty certificate issued by LPG accompanied by the receipt, proof of payment by credit card if the purchase was made online. The proof of purchase must contain the date of purchase, the express designation of the Product and, where applicable, the serial number. LPG reserves the right to refuse the guarantee free of charge in the event that the documents mentioned above cannot be presented or the information they must contain proves to be incomplete or illegible.

(iii.) The warranty is valid only in case of private use of the product. It is excluded in the event of professional use or if the product has been rented on a commercial basis.

(iv.) The legal warranty period is a maximum of two (2) years from the delivery of the WELLBOX® device to the buyer (with the exception of WELLBOX® devices sold in Spain and Portugal, for which the warranty is of three (3) years).

The warranty period may be extended by a commercial warranty of up to four (4) years if the buyer chooses the warranty extension option when purchasing their new WELLBOX® device from LPG.

(v.) During the warranty period, LPG will repair or replace free of charge, at its sole option and within the limits of available stocks, the defective product. LPG will return the repaired product or another product in good working order to the buyer. All parts or other materials which have been exchanged shall become the property of LPG.

(vi.) The warranty applies to defects arising from use of the product in accordance with the user manual.

It does not cover maintenance or repair or replacement of parts due to normal wear or aging of the product. In addition, the warranty does not apply in particular when:

a) the defect has been caused by the fact that the product has been subjected: to use contrary to the user manual, to rough treatment, to exposure to excessive humidity, to thermal conditions or to extreme environments or rapid changes in these conditions, exposure to corrosion, oxidation, unauthorized modifications or connections, repairs carried out by unauthorized repairers or by the buyer himself, to repairs carried out with unauthorized spare parts, to misuse, to the wrong type of power supply, to non-compliance with the assembly instructions, to incorrect installation, to an accident, to the forces of the nature, contact with liquids, the action of chemicals and any other acts reasonably beyond the control of LPG; To be used exclusively on dry and clean skin. Do not use liquid and/or cream with the Wellbox.

b) the serial number of the product or any other identification number has been removed, erased, defaced, altered or is no longer legible;

c) the defect results from the fact that the product has been used with an accessory which is not manufactured or supplied by LPG.

(vii.) The buyer agrees to return the product in its original packaging. LPG assumes no liability in the event of damage to the product due to transport in ns improper packaging. LPG reserves the right to request a fixed contribution from the buyer for the cost of sending the product.

(viii.) The warranty constitutes Buyer’s sole and exclusive remedy against LPG and LPG’s sole and exclusive liability to Buyer for defects in the Product. The warranty is in lieu of any other warranty or liability, whether oral, written, statutory (insofar as not mandatory), contractual, tort or otherwise. LPG is not liable for incidental, consequential or indirect damages or costs. Any modification of the warranty requires the prior written consent of LPG.

(ix.)The spare parts essential for the use of WELLBOX®[S] devices are available on the market for a period of three (3) years after the last new device is placed on the market. The delivery time for spare parts for the WELLBOX®[S] device by LPG is fifteen days.

(x.) If, during the two years following the purchase from LPG, the Device is repaired under the legal guarantee of conformity, the buyer will benefit from an additional six (6) months of guarantee. If the Device is exchanged, the legal guarantee of conformity from which the buyer benefits will be extended by two (2) years.

7.3. Warranty for other products sold on the Sites

All our products are guaranteed against any manufacturing defect. Defective products must imperatively be returned at the buyer’s expense for examination in order to determine the validity of the claim. To be able to benefit from the guarantee of the products, it is advisable to keep the purchase invoice of the product. In case of proven defect(s), the product will be refunded or exchanged to the buyer according to his request and the available stocks. If a refund is to be made, it will be made within thirty (30) days of receipt of the buyer’s return. The return costs can then be reimbursed on receipt.

The buyer automatically benefits from the legal guarantee for hidden defects, as defined in articles 1641 and following of the aforementioned civil code.

7.4. LPG is registered in the register of producers under number FR002165_05SRUY.

ARTICLE 8 -RIGHT OF WITHDRAWAL

8.1. In accordance with the French legal provisions in force, the buyer has a period of fourteen (14) clear days from receipt of his products to exercise his right of withdrawal from LPG without having to justify reasons or pay penalty, with the exception, where applicable, of return costs (which are the responsibility of the buyer).

When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

In the event of an order for several products, the withdrawal period will run from the receipt of the last product.

The buyer may exercise his right of withdrawal by:

– completing an online withdrawal form on the Sites, OR

– downloading a withdrawal form on this same page and returning it by registered letter with acknowledgment of receipt (at the buyer’s expense) to LPG at the address: Service WELLBOX, 30 rue du Docteur Abel, Technoparc de la Plaine, 26902 Valence Cedex 09 – FRANCE, OR

– contacting LPG by e-mail: serviceclientwellbox@lpgsystems.com

LPG will acknowledge receipt of the buyer’s request to exercise his right of withdrawal by e-mail, as soon as possible.

The buyer has a period of fourteen (14) days from his unequivocal notification of withdrawal to return, at his expense, the goods to LPG at the address:

LPG SYSTEMS

Zone Artisanale de Beauvert
Quartier de Beauvert
BP 151
26760 MONTELEGER

FRANCE

Failing to return the product(s) within this period, the buyer will be deemed to waive this right of withdrawal.

LPG does not accept parcels sent postage due or cash on delivery.

In order to avoid any dispute, it is recommended that the buyer who exercises his right of withdrawal return the product(s) in conditions similar to those of the initial shipment, with a declared value corresponding to the price of the initial order, as well as to keep any proof of its sending until the complete refund of its order.

8.2. When the right of withdrawal is exercised by the buyer, LPG undertakes to reimburse the buyer for all sums paid (including the standard one-way delivery costs), as soon as possible and at the latest within fourteen (14 ) days from the date on which the buyer informed LPG of its intention to withdraw, provided however that LPG has collected the product(s) or that the buyer has provided LPG with proof of shipment of the product(s).

LPG is not required to reimburse the additional costs if the buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by LPG.

This refund is made by the same means of payment as that used by the buyer to pay for his purchase, unless expressly authorized by the buyer to reimburse it by another means provided that this does not entail additional costs for the buyer.

The WELLBOX® devices returned by the buyer must not have been used (for hygiene reasons), nor have suffered any deterioration, however slight, and be in a perfectly clean state.

The buyer is informed that there is no right of withdrawal for cosmetic products, food supplements, LPG® teas, WELLBOX® cleaning wipes and WELLBOX® accessories, which have been unsealed or if their packaging is damaged, or if they were opened by the buyer. Indeed, the opening of these products making them unsuitable for any subsequent marketing, in this case they cannot be refunded, taken back or exchanged, for reasons of hygiene and health protection.

ARTICLE 9 – PERSONAL DATA

9.1. The buyer is informed that his personal data collected by LPG when ordering on the Site (surname, first name, postal address, e-mail address, telephone number, bank details), are processed by automated or non-automated means (if this personal data is contained or called to appear in a file).

The personal information concerning the buyer is intended for LPG and its subcontractors within the meaning of Article 28 of the GDPR respectively subject to national and European provisions relating to the protection of personal data.

These data will be kept for the duration necessary for the operations for the purposes for which they were collected and three years after the end of the contractual relationship or the last contact.

Subject to its prior consent, the information transmitted to LPG directly by the buyer following any order placed on the Site may be reused by LPG and/or its business partners for commercial prospecting purposes. The buyer may reconsider his agreement and withdraw his consent at any time.

9.2. In the case of online payment, the Site uses the Adyen secure payment system to guarantee maximum security for its customers. This system is secure and reliable for transactions made on the Internet.

When paying by credit card, the buyer leaves the Site and accesses the Ogone platform via the secure https protocol. Only the bank details of the buyer necessary for the completion of the transaction are collected, namely the name of the holder, the number and the expiry date of the bank card, as well as the visual cryptogram. This information is then only provided to the Adyen system. LPG SYSTEMS does not have access to it at any time. The transfer of information is perfectly protected by encryption.

The buyer’s bank details are only kept:

in the event of a single payment until expiry of the withdrawal period
in the event of payment in installments until full collection by LPG of the sums due.

9.3. In accordance with the provisions of the « Data Protection Act » of January 6, 1978 as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on data protection (GDPR), the buyer has the right to opposition, limitation, access, rectification, portability, deletion of data concerning him.

If the information processed is incorrect or incomplete, the buyer may request that it be corrected, completed or deleted by contacting the service whose address is indicated above.

The buyer may also make known his instructions concerning the manner in which he intends to exercise his rights after his death.

If the buyer’s telephone number is collected by LPG, for example in the context of a sales contract on the Site, the buyer may ask LPG to have his telephone number added to an opposition list, in order to not to be the subject of telephone commercial prospecting.

To exercise his rights, the buyer can make a request by:

– the “Contact” section of the site;

– e-mail to the e-mail address : dataprivacy@lpgsystems.com

– mail to the postal address: LPG SYSTEMS, Data Protection Officer, Technoparc de la Plaine, 30 rue Dr Abel, CS 90035 – 26000 VALENCE (FRANCE),

A response will then be sent within a maximum period of one (1) month following receipt of the request.

The buyer also has the possibility of lodging a complaint with the CNIL.

ARTICLE 10 – APPLICABLE LAW AND COMPETENT JURISDICTION

10.1. These GTC are subject to French law which shall be solely applicable. These GTC are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

10.2. Any complaints may be sent in writing to LPG at the address: LPG SYSTEMS – WELLBOX Customer Service – 30, rue Dr Abel – Technoparc de la Plaine – 26000 VALENCE – FRANCE.

In the absence of an amicable solution, the buyer may have free recourse to a mediation procedure (unless he wishes to call on a lawyer) or any other alternative method of dispute resolution. LPG proposes to use the mediation system of the Paris Mediation and Arbitration Center in FRANCE, which the Customer can enter using the form on the CMAP website (www.cmap.fr), by email (consommation@cmap .fr) or by post (CMAP – Consumer Mediation Service, 39, avenue FD Roosevelt, 75008 PARIS FRANCE). All requests must contain the following elements in order to be processed quickly: the postal, email and telephone details of the buyer, the full name and address of LPG, a brief statement of the facts, and proof of the prior steps taken with LPG.

MEDIATION IS NOT BINDING ON THE PARTIES, WHO REMAIN FREE TO SUBMIT THEIR DISPUTE TO THE COMPETENT FRENCH COURTS IN ACCORDANCE WITH THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

ARTICLE 11 – MISCELLANEOUS

11.1. The buyer who would like to place an order on the Sites declares to have full legal capacity. However, any purchase made on the Sites by a person under legal incapacity within the meaning of the French Civil Code will then be under the responsibility of his legal representative.

11.2. If one or more provisions of these GTC are held to be invalid, illegal or void or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions of the GTC will retain all their force and scope.

11.3. LPG provides the buyer with Customer Service to answer all questions and comments that the latter may have when using the site, and also to provide appropriate advice on the sale of products. available on the Sites.

Customer Service can be contacted:

By e-mail: “contact us” section or at serviceclientwellbox@lpgsystems.com
By phone: 04 75 78 69 00 or 00 800 699 355 269 (Green Number rate from a landline in Europe only)
By mail: LPG SYSTEMS – WELLBOX Customer Service – 30, rue Dr Abel -Technoparc de la Plaine – 26000 VALENCE- FRANCE

Version in force on March 6, 2023