Terms and conditions
Legal Notice
EPPUR, Simplified joint-stock company, with share capital of €20,100, registered with the Lille Trade and Companies Register under number 881 789 408, whose registered office is located at Parc Eurasanté Ouest, 70 rue du Docteur Yersin, 59120 Loos , represented by Colin GALLOIS in his capacity as Chairman.
Intra-community VAT number: FR47881789408
Contact: hello@eppur.eu
Article 1. Pre-contractual information of the Client
Before any order, the Customer acknowledges having been able to know, in a readable and understandable manner, these GCS and all the information listed in article L.221-5 of the Consumer Code, and in particular the following information :
The price of the product;
The date or deadline within which EPPUR undertakes to deliver the product;
Information relating to EPPUR and its activities: its postal, telephone and electronic contact details;
Warranties relating to legal warranties and their methods of implementation;
Information relating to the rights of withdrawal (existence, conditions, deadline, procedures for exercising this right), termination procedures and other important contractual conditions;
The possibility of having recourse to a consumer mediator;
Methods of payment accepted.
Article 2. Definitions
“GTC” refers to these General Terms and Conditions of Sale concluded between EPPUR and the Customer.
The “Client” or the “Clients” means the Clients of EPPUR.
The “Parties” designate EPPUR and the Client taken jointly.
The “Product” or the “Products” designates a pair of wheels integrating a braking system as well as their fastening system as shown in appendix 1.
The "Purchase Order" designates the document published by EPPUR and completed by the Customer to signify its intention to acquire EPPUR Products, at the prices and under the conditions provided by EPPUR.
Article 3. Purpose and scope
These GCS constitute, in accordance with Article L 441-1 of the Commercial Code, the sole basis of the commercial relationship between the Parties, to the exclusion of any other documents, prospectuses or catalogs which have only an indicative value. .
Their purpose is to define the conditions under which:
the products offered by EPPUR are sold to individual Customers.
These T&Cs do not apply to professional resellers who distribute medical equipment.
the products are delivered to the Customer.
The GCS are exclusively applicable to products delivered to Customers established in metropolitan France.
The T&Cs are made available to Customers when the products are sold and on the EPPUR website https://www.eppur.eu/.
EPPUR retains the possibility of modifying these T&Cs at any time, in order to comply with any new regulations or with the aim of improving the relationship with the Customer. Therefore, the applicable GCS will be those in force on the date of signature of the Order Form by the Customer.
Article 4. Acceptance
The Customer acknowledges having read these T&Cs before placing their order by completing the Order Form. Consequently, the fact of placing an order by completing the attached form implies full and complete acceptance of these GCS.
Article 5. Order
Once the Purchase Order has been signed, the payment of the total price has been made and the collection of the full price has been made, the sale will be considered final.
Article 6. Payment - Methods of payment
The price of the product is indicated in euros all taxes included (TTC) and attached to the Order Form and are only valid on the date of placing the order. The price indicated includes delivery costs.
The price is payable by credit card, bank transfer, check or cash upon signature of the Order Form. Under no circumstances may the sale be the subject of a credit transaction, even if payment facilities, in the form of a payment schedule, which may not exceed 6 months, may be granted._cc781905-5cde- 3194-bb3b-136bad5cf58d_
EPPUR reserves the right to cancel and/or suspend any order and/or any delivery in the event of non-payment of the total price or of an unfunded check issued by the Customer.
EPPUR's rights and actions may be exercised jointly and severally against the Customer or the actual holder of the product. Consequently, if the good is unpaid, any person in possession of it may be subject to recovery proceedings in the same way as the Customer identified in these GCS.
Article 7. Delivery
7.1 Delivery times
The product is offered as part of a special pre-sale offer before its official launch, as part of a commercial operation to promote the product under design and production.
In this situation, the Customer acknowledges and accepts that the product is not available on the day of the order and that he accepts on the one hand the possibility of cancellation in the event of unavailability of the product, and on the other hand the delivery times indicated on the Order Form at the time of the order, indicated over a limited period.
EPPUR will keep the Customer informed of the date and time of delivery as well as of any event likely to have an influence on the delivery of the product.
No cancellation indemnity may be claimed by the Client.
The cancellation of the product order and its refund will be made as soon as possible and at the latest within 14 days.
7.2 Place of delivery
The product(s) will be shipped to the delivery address provided by the Customer on the Order Form.
The Customer may change the delivery address, within the limits of metropolitan France, by notifying EPPUR by email to the address hello@eppur.eu.
EPPUR cannot be held responsible for the impossibility of delivering the product in the event of incorrect information when the Customer enters his delivery details.
EPPUR can deliver orders in mainland France (including Corsica).
7.3 Transfer of risk
Regardless of the transfer of ownership, it is when the Customer takes physical possession of the products that the risk of loss or damage to the products is transferred to him.
7.4 Apparent defect of the package
The Customer is required to check the apparent condition of the package upon delivery.
At the time of delivery of the package, if the Customer finds that the package containing the product is delivered damaged or opened, the Customer will have the right:
to refuse the parcel and will notify this refusal to the deliverer;
to make an observation or reservation to the delivery person.
7.5 Apparent product defect
In the event that the Customer notices a lack of quality and/or conformity of the product delivered by EPPUR in relation to the order, he must send EPPUR in writing to the following email address hello@eppur.eu and within the time of withdrawal provided for in article 10, a request for reimbursement of the products for non-compliance. EPPUR will bear the return costs.
Beyond the withdrawal period, the Customer may send EPPUR, in writing to the following email address hello@eppur.eu, a request for repair or replacement in accordance with Article 12 Warranty.
Article 8. Transfer of ownership – Retention of ownership
The products remain the property of EPPUR until full payment of the price, regardless of the date of delivery of the said products. In the event of resale, the Customer undertakes in advance to inform the third-party purchaser, at the conclusion of each resale, of this ownership clause affecting the products he proposes to purchase, and of the right reserved by EPPUR to claim in his hands, either the products delivered under retention of title, or their price.
Article 9. Assembly
Assembly is the responsibility of the Customer. For safety reasons, instructions for use, assembly and maintenance will be delivered with the product and available on the EPPUR website https://www.eppur.eu/.
For safety reasons, if the Customer is not able to carry out the assembly according to the rules of the art, as indicated in the instructions for use, assembly and maintenance, he must call to a medical device specialist. Any assembly costs are the responsibility of the Customer.
Article 10. Withdrawal
In accordance with article L 221-18 of the Consumer Code, the Customer has a legal period of fourteen (14) days to which is added a commercial period of sixteen (16) days, i.e. a total of thirty (30 ) days from the day after the delivery date of his Order to return the ordered product, without having to justify his decision.
If the period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
To exercise his right of withdrawal, the Customer must inform EPPUR of his decision to withdraw at the postal address mentioned herein or by email at hello@eppur.eu.
Model withdrawal form
For the attention of EPPUR, whose head office is located at Bio incubateur eurasanté, 70 Rue du Docteur Yersin Parc Eurasanté Ouest, 59120 Loos, FRANCE;
Email address: hello@eppur.eu;
I hereby notify you of my withdrawal from the contract relating to the sale of goods below:
Ordered on*: _______________________________________________________________________________
Received on*: ______________________________________________________________________________________
Consumer's name*: _____________________________________________________________________
Consumer's address*: _________________________________________________________________
Consumer's bank details*: ______________________________________________________________________
Signature of the consumer (only in case of notification of this form on paper)
Date* : _________________________________________________________________________________________
* Required fields
The Customer must return the Product to EPPUR at the latest 30 days after having communicated to EPPUR its decision to withdraw, the postmark being proof of the date of issue.
The Customer must also imperatively respect the conditions and the procedure for returning the Products described in paragraphs 11.1 and 11.2 below.
Article 11. Return – Exchange – Refund
11.1 Product return conditions
The Customer must return the Product, under the same conditions as those in which he received it, i.e. in its original packaging, or failing that, in packaging guaranteeing equivalent protection, accompanied by its original label.
Returns are only accepted via the prepaid return form will be communicated to the Customer on request at the email address hello@eppur.eu.
EPPUR reserves the right to refuse the return if the returned Product is unsuitable for further marketing (Product returned incomplete, damaged, opened, used, damaged, for example). In this case, the return costs will be borne by the Customer.
11.2 Refund
The Product will be refunded to the Customer, including initial and return delivery costs, within a maximum period of 14 days from receipt by EPPUR.
EPPUR will reimburse the Customer by bank transfer. The Customer must provide a valid RIB with the return request or with the withdrawal form.
Article 12. Warranties
Pursuant to Article L217-15 of the Consumer Code, independently of the contractual guarantees granted to its Customers, EPPUR assumes two guarantees: the legal guarantee of conformity and the legal guarantee relating to hidden defects of the products._cc781905-5cde-3194 -bb3b-136bad5cf58d_
As the product is intended to be mounted on a wheelchair, EPPUR cannot guarantee the quality or conformity of the wheelchair housing the product.
Nevertheless, in the event of incompatibility of the product with the wheelchair on which it is mounted, the Customer has his right of withdrawal provided for in article 10. of these GCS.
In any case, the guarantee will not apply in the event of use contrary to the instructions in the Instructions for use or in the event of non-compliance with the legislation of the country in which the products are delivered, which belongs to the Customer to verify.
12.1 Legal guarantee of conformity
At the choice of the consumer, EPPUR can repair or reimburse the Customer if the products are apparently defective or do not correspond to the order placed. In order to assert its rights, the Customer must inform EPPUR in writing of the non-conformity of the products within a maximum period of 2 years from the delivery of the product.
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to defects 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, which may not be the case due to the condition of the used good.
Article L. 217-5 paragraph 5 of the Consumer Code: The property complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer under form of sample or model; if it has 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 if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed for two years from the delivery of the goods.
Article L. 217-16 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, condition 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 by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
When acting as a legal guarantee of conformity, the customer:
has a period of 2 years from the delivery of the property to act;
can choose between repairing and replacing the item with another second-hand item, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code;
is exempted from providing proof of the existence of the lack of conformity of the goods during the 2 years following the delivery of the goods.
12.2 Legal warranty against hidden defects
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminishes this use so much that the buyer would not have not acquired, or would have given only a lesser price, if they had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect.
The Customer may implement the warranty within a period of two (2) years against latent defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 13. Complaints and possible disputes
The Customer may submit any complaint to EPPUR in writing to the address hello@eppur.eu. In the event of difficulties in the application of this contract, the Customer has the possibility, before any legal action, of seeking an amicable solution through the mediation system.
According to article L.612-1 of the Consumer Code: “Every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system”.
In the event of a dispute, the Customer shall first contact EPPUR in order to resolve the dispute amicably. EPPUR will provide the Customer with the contact details of a consumer mediator.
The disputes for which the request is manifestly unfounded or abusive, or have been previously examined or are being examined by another mediator or by a court, or if the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to EPPUR or if the dispute does not fall within the scope of the mediator's competence, or finally if the consumer does not justify having tried , beforehand, to resolve their dispute directly with EPPUR by means of a written complaint according to the terms provided, where applicable, in the contract.
The search for an amicable solution does not interrupt the period of the legal guarantee.
Article 14. Data protection
In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data, information and sensitive personal data collected about the Customer are kept for order tracking and/or the customer file. The Customer's data that may be processed are the following data: surname, first name, date of birth, landline and/or mobile telephone number, postal address and email address and bank details. They are kept for three (3) years from their collection, before their archiving/deletion/anonymization.
The controller can be contacted at the following email address: hello@eppur.eu.
Access to personal data is strictly limited to employees of the data controller, authorized to process them by virtue of their duties. The information collected will in no case be communicated to third parties other than the carrier carrying out the transport of the Customer's goods.
The Customer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose processing for legitimate reasons, rights he can exercise by contacting to the data controller, attaching valid proof of identity.
In the event of a complaint, the Customer may contact the National Commission for Computing and Liberties (CNIL).
Article 15. Liability
EPPUR is automatically liable to the Client for the proper performance of its obligations.
EPPUR cannot be held liable for damage attributable to the Customer himself, to any third party assembling the product, or to a case of force majeure.
In particular, EPPUR can only be held liable if the product is defective or if it does not comply with legal and regulatory requirements.
The product distributed by EPPUR is in the process of obtaining “CE” marking. EPPUR undertakes to ensure that the "CE" marking is obtained before the product is made available to Customers. In the event that the "CE" marking is not obtained, EPPUR undertakes to return to the Customer all the sums paid for the purchase of the product.
Once the "CE" marking has been obtained, the Product will be a class I medical device according to European Directive 93/42/EEC.
EPPUR is not responsible for any damage resulting from use that does not comply with the instructions for use, assembly and maintenance.
Likewise, EPPUR is not liable for any damages resulting from proper use of the product when the failure results from the wheelchair accommodating the product.
Article 16. Force majeure
The performance of EPPUR's obligations under these GCS is suspended in the event of the occurrence of a fortuitous event or force majeure (within the meaning of article 1218 of the Civil Code and case law) which would prevent its performance. EPPUR will notify the Customer of the occurrence of such an event as soon as possible.
If the case of force majeure continues for a period of more than six (6) months, these general conditions may be terminated automatically under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
Article 17. Intellectual Property
Is the exclusive property of EPPUR, protected by intellectual and industrial property rights, all graphic elements such as information, texts, images, copyrights, trademarks, photographs, videos, sounds and logos, broadcast by EPPUR on its website and on all documents issued by EPPUR. Under no circumstances may they be used, reproduced, imitated or adapted without the prior written authorization of EPPUR.
The Customer acknowledges and accepts that, unless otherwise stated in writing and elsewhere than in these GCS, he does not acquire any rights to these elements belonging to EPPUR.
Article 18. General provisions
18.1 Notices
Exchanges between the Parties may take place by any means, in particular by e-mail.
The hard copy of an e-mail makes it possible to validly prove the content of the exchanges.
18.2 Nullity and modification of the contract
The nullity of a stipulation not necessary for the maintenance of the GCS will not entail the nullity of the other stipulations which will remain in force between the parties.
Any modification of the GCS is only valid after a written and signed agreement of the parties.
18.3 Waiver
The fact that one or other of the parties does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this party. to the rights resulting for it from the said clause.
18.4 Domiciliation
The parties elect domicile at the addresses indicated on the Order Form for the Customer and at the address appearing herein for EPPUR.
18.5 Applicable law and competent jurisdiction
French law applies to these T&Cs. They are therefore performed and interpreted in accordance with French law.
In the event of absence of amicable resolution of a dispute arising between the parties, the competent court in the event of a dispute will be that of the place of residence of the defendant or, at the choice of the defendant, of the place of actual delivery of the product.
ANNEX 1
Product Description
Non-contractual visual aimed at identifying the different components of the product.
Eppur reserves the right to modify its shape or appearance.