These sales conditions are entered into between EPICIANE SRL, located at Route d'Obourg 21 D2, 7000 Mons, Belgium (BE0794.700.313), hereinafter referred to as "the Seller," and any individual or legal entity wishing to make a purchase through the "EPICIANE" website, hereinafter referred to as "the Buyer."
Article 1 – Purpose These General Terms and Conditions of Online Sale define the terms and conditions under which the Buyer orders, purchases, and receives delivery of the products presented and sold by EPICIANE on the website as part of a distance sale.
Distance sales on the website are exclusively reserved for legal adults.
The acquisition of a good or service through this site implies the Buyer's full and unconditional acceptance of these sales conditions.
These sales conditions take precedence over any other general or specific conditions not expressly agreed upon.
Article 2 – Application of Sales Conditions – Enforceability Before confirming their order, the Client declares that they have read these General Terms and Conditions of Sale, which are available on the site.
The validation of the order by the Client constitutes full acceptance of these General Terms and Conditions of Sale, which will be the only ones applicable to the sale of products on the site.
EPICIANE reserves the right to modify its General Terms and Conditions of Sale at any time. In this case, the conditions applicable will be those in effect on the date of the Buyer's order. EPICIANE therefore invites the Buyer to review the General Terms and Conditions of Sale in effect with each new order.
Article 3 – Characteristics of Goods and Services Offered The products and services offered to the Client are those listed on the EPICIANE site at the time of order confirmation, subject to availability and proper functioning of the site.
Each product offered on the site is described with its name, composition, and price. The product photographs are as faithful as possible but may not perfectly match the offered product, especially concerning colors, without involving EPICIANE's responsibility.
Article 4 – Prices The prices of products listed on the site are expressed in net prices and in euros. EPICIANE reserves the right to change its prices at any time, provided that the price listed on the site at the time of order validation will be the only one applicable to the Buyer.
The prices indicated do not include shipping and delivery costs, unless the order benefits from "free shipping."
Orders will only be accepted if they are placed within the geographical areas specified on the EPICIANE site.
Article 5 – Orders The Buyer who wishes to purchase a product on the EPICIANE site must:
- Create an account during the first order entry. This account is created by entering two identifiers: a personal email address and a password.
The personal email address and chosen password serve as proof of the Buyer's identity and bind them to any order placed. They act as an electronic signature according to law n°2000-230 of March 13, 2000.
In case of forgetting their identifiers or if there is concern that a third party might have obtained them, EPICIANE provides a function on the site to retrieve the identifiers and choose a new password.
Using their identifiers, the Client can access their account on the site and place orders.
- The Buyer agrees to provide the necessary information for processing their order, including: title, name, address, phone numbers (landline and/or mobile), email address, delivery address, and billing address if different.
The information provided by the Buyer during the order entry is their responsibility and must be carefully verified. In case of errors by the Buyer in product selection or in the details of their contact information or delivery address, EPICIANE cannot be held responsible for these errors and their consequences.
Each order entry is summarized before the Client is invited to confirm their order.
The ordering system allows the Buyer to review their order or correct any errors before final confirmation.
The Client places the order by clicking on the validation of the entire order.
Order validation constitutes acceptance of the price, product characteristics, these sales conditions, acknowledgment of full knowledge of these conditions, and waiver of any claim to their own purchasing conditions or other conditions.
All provided data and recorded confirmation will serve as proof of the transaction. Confirmation will constitute signature and acceptance of the operations carried out.
- Confirmation of Order Receipt
EPICIANE will send the Buyer an email confirming the recorded order.
The confirmation email from EPICIANE includes a summary of the order with an assigned order number and reiterates the information provided by the Buyer, such as their contact details, delivery address, and, if applicable, billing address if different.
EPICIANE reserves the right to refuse any order for a legitimate reason, including proven financial difficulties of the Buyer (payment incidents), foreseeable issues affecting delivery, or orders placed in bad faith by the Buyer, including orders that do not meet the conditions specified in Article 1 of these General Terms and Conditions of Sale.
Article 6 – Payment Methods The price in euros is payable upon ordering.
Payments will be made by credit card.
They will be processed through a secure system using SSL (Secure Socket Layer) protocol, ensuring that transmitted information is encrypted by software so that no third party can access it during transmission over the network. The Client must enter their credit card details, including name, expiration date, and security code, and any other necessary payment information.
The Buyer's bank account will be debited upon confirmation of the order by the Client.
At the Buyer's request, a paper invoice will be sent. The Buyer can also print it directly from their customer account on the EPICIANE site.
Article 7 – Retention of Title Clause Sales are concluded with retention of title.
The transfer of ownership of the products to the Buyer is suspended until full payment of the price of the items and any delivery charges.
The risks associated with the products are borne by the Buyer upon delivery of the products of the order.
Article 8 – Order Delivery Delivery - Modalities Deliveries are made to the address specified in the order by the Buyer and can only be made within the agreed geographical area.
The risks are borne by the Buyer from the moment the products leave EPICIANE's premises, even if the order is addressed to another recipient. EPICIANE cannot be held responsible for any potential damage to the products, in case of late retrieval of the products from the carrier or non-retrieval of these products by the Buyer.
In case of missing items, loss, damage, or deterioration, the Buyer must make a claim with the carrier by registered letter with acknowledgment of receipt within three (3) days, excluding holidays, following the receipt of the products of the order.
Delivery charges are calculated automatically when entering the order based on the price and destination of the order. Product dispatch is made within a maximum of 48 hours.
Shipping is done via Mondial Relay or postal services.
Delivery - Costs Delivery costs are calculated automatically during the order entry based on the weight, volume, and destination of the order.
Delivery costs appear on the order summary before the Buyer validates the order and on the invoice.
Delivery - Transport - Risks The risks are borne by the Buyer from the moment of delivery of the products of the order.
Delivery is deemed to have occurred once EPICIANE has handed over the products of the order to the carrier.
Products travel at the Buyer's risk, even if the order is addressed to another recipient.
Article 9 – Order Receipt The Buyer, or if applicable the recipient, is required to check the condition of the delivered products.
In case of missing items, loss, damage, or deterioration, the Buyer must file a claim with the carrier by registered letter with acknowledgment of receipt within three working days following the receipt of the products of the order.
The Buyer is required to send a copy of this letter by regular mail to EPICIANE.
Article 10 – Warranties Legal Conformity Warranty All products sold on the EPICIANE site benefit from the legal conformity warranty (Articles L. 211-1 to L. 212-1 of the Consumer Code).
In case of non-conformity of a delivered product, the Buyer may return it to EPICIANE provided that they follow the procedure outlined in Article 12 of these General Terms and Conditions of Sale.
In the event of non-conformity duly verified by EPICIANE, EPICIANE agrees to replace the non-conforming product, free of charge, within a maximum of thirty days, either with an identical product or with a product of equivalent quality and price, subject to stock availability.
If replacement of the product is impossible, EPICIANE agrees to refund the amounts paid by the Buyer within a maximum of thirty days from the return of the products, excluding any compensation or damages.
Warranty Against Hidden Defects The products sold on the site are covered by the warranty against hidden defects.
The Buyer must provide proof of hidden defects.
All claims, requests for exchange, or refunds must be sent by mail to the following address: “EPICIANE - 6249 Route des Hauts du Camp - 83330 Le Camp du CASTELLET” within three days from the delivery date.
Article 11 – Right of Withdrawal Applicable to Consumer Individuals Only
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the buyer has a period of fourteen (14) days to exercise their right of withdrawal without having to provide any reasons or pay penalties, except for return shipping costs, to return products ordered online under the conditions specified in Article 12 of these General Terms and Conditions of Sale. The return of the products must occur within fourteen (14) days following the communication of the buyer's decision to withdraw.
This right of withdrawal does not apply to products which, by their nature, cannot be re-shipped or are likely to deteriorate or expire quickly, in accordance with the provisions of Article L. 221-28 of the Consumer Code. Therefore, returns of food products cannot be made. The possibility of return will thus apply only to utensils sold on the EPICIANE website.
If the buyer exercises their right of withdrawal by complying with all the aforementioned conditions, EPICIANE agrees to refund the amounts paid by the buyer within a maximum period of fourteen (14) days from the communication of the buyer's decision to withdraw. However, payment may be delayed until the products are recovered by EPICIANE. The refund will be made using the same payment method used by the buyer.
Article 12 – Return of Products
In case of a hidden defect or non-compliance of the delivered products, or exercise of the right of withdrawal, the buyer must return the products at their own risk to EPICIANE by following these conditions:
- The products must be in the condition in which the carrier delivered them.
- The products must be returned in their original unopened packaging, or in new, sufficiently solid and properly sealed packaging if the original packaging has been damaged.
- The order number, confirmation email, invoice, and delivery note must be included with the returned products.
- The buyer or recipient must keep proof of the returned products' shipment.
- Return and shipping costs remain the responsibility of the customer in the case of withdrawal.
Article 13 – Liability - Limitation of Liability – Force Majeure
The buyer is solely responsible for the choice of products, their preservation, and their use. EPICIANE cannot be held liable for any damage resulting from this.
EPICIANE will not be held responsible for non-compliance with legislative or regulatory provisions in the delivery country, as EPICIANE is only responsible for compliance with French regulations concerning products.
Unless proven otherwise, EPICIANE cannot be held liable for damages of any kind that may result from improper use of the identifiers or the ordering process. EPICIANE’s liability cannot be engaged for risks inherent to internet use, including but not limited to service suspension, intrusion, or presence of computer viruses.
Neither EPICIANE nor the buyer can be held liable for any non-performance originating from a force majeure event beyond their control, including but not limited to war, riots, transportation interruptions, import or export issues, strikes, lockouts, shortages, fires, earthquakes, storms, or floods.
EPICIANE will inform the buyer by any appropriate means of the existence of such an event to allow them to cancel their order in writing.
EPICIANE’s liability cannot be engaged in the case of non-performance or improper performance of the contract due to either the buyer, an insurmountable and unforeseeable event by a third party to the contract, or force majeure.
In any case, regardless of the reason for questioning EPICIANE's liability, its liability is limited to the lesser of the following two amounts: the amount of direct damage suffered by the buyer or the price of the order.
Article 14 – Intellectual Property
All elements published on the EPICIANE website, regardless of their medium, whether registered or not, are and remain the exclusive property of Epiciane SRL and are protected by the Intellectual Property Code, including texts, advertising documents or not, product names, graphics, images, photos, sounds, and videos.
Any use or reproduction of these website elements is prohibited without the prior written consent of EPICIANE.
Article 15 – Personal Data
EPICIANE is committed to respecting the confidentiality of personal data provided by the buyer on the site and to processing it in accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms.
In accordance with Law No. 78-17 of January 6, 1978, the buyer has the right to access, rectify, and oppose the collected personal data at any time by sending a written request: either by email to [email protected], or by mail to EPICIANE SRL – Route d'Obourg 21 D2 - 7000 Mons (Belgium).
Article 16 – Archiving Transactions - Proof
Computerized records, stored in EPICIANE’s computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties.
Archiving of order forms and invoices is done on a reliable and durable medium to correspond to a faithful and durable copy in accordance with the provisions of Article 1348 of the Civil Code.
Article 17 – Partial Invalidity
If one or more clauses of these General Terms and Conditions of Sale are deemed invalid or declared as such by application of the law, a decree, or regulation, or by a final decision of a competent jurisdiction, the other clauses will remain in effect.
Article 18 – Governing Law - Jurisdiction
These General Terms and Conditions of Sale are governed by Belgian law.
In the absence of an amicable agreement, disputes will be submitted to the competent court of Mons, notwithstanding the plurality of defendants or third-party claims.
Article 19 – Legal Notices
Company Identification: SRL Epiciane
Address: Route d'Obourg, 21D2 - 7000 Mons (Belgium)
VAT Number: BE0794.700.313
For further information or in case of difficulty, the buyer can contact EPICIANE by:
Email: [email protected]
Phone: +32 495 24 79 53