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General Terms and Conditions of Sale

GTC

General

The purpose of these General Conditions of Sale (GTC) is to govern the contractual relations between the company Ecosystem, whose registered office is located in Paris 23/25 Rue Jean-Jacques Rousseau 75001 Paris, SAS with capital of €280,000, RCS Paris 352755060, SIRET 352 755 060 00220, VAT No. EN 42352755060 and its customers.

Purpose and scope

Any order implies the acceptance without reservation by the buyer and its full adherence to the present general conditions of sale which prevail over any other document of the buyer, except negotiation of special conditions by our company.

Controls

Order acceptance

An order is only deemed accepted by Ecosystem when the customer receives an acknowledgement of receipt.

Order taking

Orders are final only when they have been confirmed by the signature of the purchase order by the Customer’s legal representative or any person duly authorised for this purpose and after payment.

Order Change

The terms of the orders transmitted to our company are irrevocable for the Customer, unless we accept in writing. In this case, our company will not be bound by the time limits initially agreed.

Order refusal

In the event that a customer places an order with our company, without having paid for the previous order(s), our company may refuse to honour the order, without the customer being entitled to any compensation, for whatever reason.

Right of withdrawal

In accordance with the provisions of article L. 221-18 et seq. of the French Consumer Code, the customer has a withdrawal period of 14 full calendar days from the receipt of his order to exercise his right of withdrawal without having to justify the reasons, or to pay penalties, with the exception, where applicable, of return charges.

To exercise its right of withdrawal, the customer must notify ECOSYSTEM SAS of its decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post or e-mail). The customer can use the withdrawal form template below, but it is not mandatory.

Withdrawal form template

Complete and return this form only if you wish to withdraw from the contract:

Attn: ECOSYSTEM SAS, Industrial Zone - Rue René Pinsard - 45310 Patay – [email protected]:

I/we () hereby notify/notify you () of the withdrawal of the contract relating to the sale of the property ()/provision of services (*) below:

Ordered on ()/received on (): Order number (reference): Name of consumer(s): Address of consumer(s):

Date:

Signature of the consumer(s) (only in case of notification of this paper form):

(*) Delete as appropriate.

You can also withdraw by making a written statement containing the above information.

The refund will be made within 14 days from the date on which the company ECOSYSTEM SAS is informed of the customer’s decision to withdraw, subject to receipt of the returned products. The company ECOSYSTEM SAS may defer the refund until receipt of the products or until the customer has provided proof of shipment of the products, the date chosen being that of the first of these facts.

The company ECOSYSTEM SAS will proceed with the refund using the same means of payment as that used by the customer for the initial transaction, unless expressly agreed by the customer for a different means. In any case, this refund will not entail any costs for the customer.

Money Back Guarantee

In addition to the legal guarantees, the products, marketed by Ecosystem in network marketing, benefit from a "money back guarantee" for 90 days from their delivery.

Delivery

Delivery in continental France

The available products are sent by La Poste in Colissimo (1 to 4 working days). The delivery time is taken into account from the moment the package is handed over to the Post Office. The order must be placed from Monday to Friday before 12 noon for delivery the next day (except on public holidays). Orders placed from Friday afternoon to Sunday inclusive will be processed from the following Monday.

Methods

Delivery is made either by handing over the product directly to the customer, or by a simple notice of availability, or by delivery to a shipper or a carrier on our premises.

Receipt

Complaints about the non-conformity of the goods delivered must be made by registered letter with acknowledgement of receipt or by letter delivered by hand against receipt.

Delivery costs

For each order placed at the public rate or by our VDI partners in France, a flat-rate charge of €7 (including VAT) will be invoiced to cover the cost of preparing the order and delivery. Delivery costs are free for orders of more than 150 € TTC.

Guarantee

Scope

In accordance with legal guarantees, our goods are guaranteed against defects in material or workmanship for a period of 2 years, from the date of delivery. Presentation of the paid invoice will be strictly required prior to any implementation of our guarantee. Assistance under the guarantee may not have the effect of prolonging the duration of the guarantee.

Exclusions

Are excluded apparent defects, defects and deterioration caused by normal wear, by an external accident (incorrect installation, defective maintenance, abnormal use...), by the intervention of a third party, or by an unexpected modification of the product, nor specified by our company.

Rates - Prices

Any quotation made in advance shall be valid for a period of two months.

Our goods are supplied at the prices in force at the time the order is placed.

The prices are net, ex works, excluding taxes on the basis of the tariffs in force.

Any tax, duty or other service to be paid in application of French legislation or that of an importing country or a country of transit and any changes to these between the date of the order and that of the invoice shall be borne by the purchaser.

Shipping costs are always payable by the purchaser, unless otherwise agreed in writing by the supplier.

Billing

All purchases of goods will be invoiced and delivered upon completion of the sale, in accordance with the provisions of article L.441-3 of the French Commercial Code.

Payment

Deadline

Unless otherwise agreed, our sales are payable in advance when the order is placed.

Cancellation of credit lines

If terms of payment have been agreed upon, these terms shall become null and void immediately in the event of late payment.

Terms of payment

Payments shall be made :

  • By bank or postal check addressed to : ECOSYSTEM SAS - ZI, rue René Pinsard - 45310 Patay.
  • By credit card.

International orders will only be paid by bank transfer.

Our company does not intend to grant any discount for payment in cash or on a date earlier than that resulting from the present general conditions of sale.

Reservation of ownership

Our company reserves the ownership of the goods sold until full payment of their price in principal and interest. If the price is not paid by the agreed deadline, our company will be able to take back the goods, the sale will be resolved by operation of law if deemed appropriate by our company and the deposit already paid to us will remain acquired in return for the enjoyment of the goods which will have benefited the customer. The goods will remain the property of our company until full payment of their price, but the customer will become responsible for them as soon as they are delivered, the transfer of possession entailing that of risks.

Force majeure

The occurrence of force majeure has the effect of suspending the performance of our company’s contractual obligations. Is a case of force majeure, any event beyond the control of our company and impeding its normal functioning at the stage of manufacture or shipment of the goods. In particular, cases of force majeure, total or partial strikes hindering the proper functioning of our company or that of one of our suppliers, subcontractors or transporters as well as the interruption of transport, the supply of energy, raw materials or spare parts. In such circumstances, our company will notify the customer, in writing, within 72 hours of the date of occurrence of the events, the contract between our company and the customer being automatically suspended, without compensation, from the date of occurrence of the event. If the event were to last more than 30 days from the date of occurrence of thethe sales contract concluded by our company and the customer may be terminated by the most diligent party without any of the parties being entitled to claim damages. Such termination shall take effect on the date of the first presentation of the registered letter with acknowledgement of receipt denouncing the said sale.

Droit d’inscription sur la liste d’opposition au démarchage téléphonique

Vous avez la possibilité de vous inscrire gratuitement sur une liste d’opposition au démarchage téléphonique BLOCTEL (www.bloctel.gouv.fr) afin de ne plus être démarché téléphoniquement par un professionnel avec lequel vous n’avez pas de relation contractuelle en cours, conformément à la loi n°2014-344 du 17 mars 2014 relative à la consommation.

Applicable law

Any question relating to these general terms and conditions of sale which is not dealt with in these contractual stipulations shall be governed exclusively by French law.

Consumer Mediator

Ecosystem SAS is a member of the Fédération de la Vente Directe (FVD). As such, our mediator is CPMVD whose mission is to settle, free of charge and amicably, any disputes that may arise during the conclusion or execution of a contract between a consumer and a Direct Sales company.

In the event of a dispute, you must first contact ECOSYSTEM SAS - Zone Industrielle - Rue René Pinsard - 45310 Patay - [email protected] - Tel: 02 38 81 81 01.

If no solution is found within 30 days of your request, you may refer the matter to the CPMVD by clicking on this link: http://mediation-vente-directe.fr/ or by post: CPMVD - 1, rue Emmanuel Chauvière - 75015 - Paris, or by e-mail: [email protected].

There is no cost to the customer to refer the matter to the mediator (apart from postal charges where applicable).

Customer service

Customer service contact information: Ecosystem Laboratoire – Rue René Pinsard – 45310 Patay – Tel: 02.38.81.81.01 – Mail: [email protected].

Protection of personal data

Customers' personal data is collected, processed and protected in accordance with the General Data Protection Regulation (GDPR) and French law.

Intellectual property

All elements of the site (texts, images, logos, etc.) are protected by copyright and may not be reproduced without the permission of the company.

Legal guarantees

1. Legal guarantee of conformity: According to Articles L217-4 to L217-14 of the French Consumer Code, this guarantee protects the consumer against defects of conformity that exist at the time of delivery of the good. The duration of this guarantee is two years from the delivery of the property.

  • Article L217-4: The seller shall deliver a good in accordance with the contract and shall be liable for any non-conformity existing at the time of delivery. He shall also be liable for any noncompliance resulting from the packaging, installation instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
  • Article L217-5: The property complies with the contract:

1) If it is suitable for the usual intended use of a similar good and, if applicable:

- it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model;

- it has the qualities which a purchaser may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

  • Article L217-6: The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
  • Article L217-7: Defects of conformity which occur within 24 months of the issue of the property are presumed to exist at the time of issuance, unless otherwise proven. For second-hand goods, this period shall be six months. The seller may challenge this presumption if it is not compatible with the nature of the property or the alleged non-compliance.
  • Article L217-8: The buyer is entitled to demand compliance of the property with the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not have ignored when he contracted. The same applies where the defect originates in the materials supplied by it.
  • Article L217-9: In case of non-compliance, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost clearly disproportionate to the other method, taking into account the value of the property or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.
  • Article L217-10: If repair and replacement of the property is impossible, the buyer may return the property and have the price returned or keep the property and return part of the price. The same faculty is open to him:


1) If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;


2) Or if this solution cannot be without major inconvenience for the latter, taking into account the nature of the property and the use he seeks. However, the sale cannot be rescinded if the non-compliance is minor.


  • Article L217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the purchaser. The same provisions do not preclude the award of damages.
  • Article L217-12: The action resulting from the failure to comply shall be prescribed after two years from the issue of the property.
  • Article L217-13: The provisions of this Section do not deprive the buyer of the right to exercise the action resulting from excessive defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature which he is recognized by law.
  • Article L217-14: The recursive action may be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.


2. Legal guarantee of hidden defects: According to articles 1641 to 1649 of the Civil Code, this guarantee protects the consumer against hidden defects which render the good unsuitable for the use for which it is intended or which diminish this use so much that the buyer would not have acquired it or would have given it only a lower price if he had known it. The duration of this guarantee is two years from the discovery of the defect.


These legal guarantees apply independently of any commercial guarantee that ECOSYSTEM SAS may otherwise offer.

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