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Legal terms and TOS

ARTICLE 1 - SCOPE OF APPLICATION

These general Terms and Conditions of Sale (hereinafter the “GTC“) define the sales conditions applicable across the product range (hereinafter the “Products“) offered on the internet website www.ylo-sante.com (hereinafter the “Website“) by the company YTHERA (hereinafter the “Company” or “YTHERA“) Simplified Joint Stock Company with a capital of 67,079 Euros, whose head office is located at 11 avenue de la division Leclerc, 94320 CACHAN, registered in the CRETEIL Commercial Registry under the number 820 540 003.

The placement of an order by any natural person (hereinafter the “Purchaser”) residing in mainland France (including Corsica), via the YTHERA website, through direct contact or in paper form, implies full and unconditional acceptance of the present GTC, but also of the conservation of his/her personal data by YTHERA (see Article 10). Should YTHERA fail to invoke any of the clauses of the GTCs at a given time, this shall not be construed as representing its waiver of entitlement to invoke such clause at a later date.

These GTCs apply to any individuals seeking to remotely purchase Products sold by YTHERA for personal needs and private consumption, excluding any subsequent resale.

The Company reserves the right to modify these GTC at any time, without any prior warning, and as it sees fit.

The Company therefore recommends that the Purchaser consult the GTC page regularly in order to stay informed of the latest changes.

 

1.1 Products concerned

The products sold by YTHERA on the www.ylo-sante.com website are essentially natural Phyto-acupressure products for self-medication.

The Products sold on the Website are in compliance with the French law in force.

The main Product features including specifications and illustrations of the products are displayed on the Website or available upon request at the Company’s registered office location. The photographs and graphics displayed on the Website are not contractual and do not entail YTHERA liability.

 

1.2 Communication – Acceptance

Product offers are to be construed within the limit of available stocks.

In accordance with existing regulations, these GTC are systematically communicated, by all means, to any Purchaser requesting them, accompanied where appropriate by pricing conditions to enable him/her to place an order with YTHERA. The GTC are also available at the Company’s registered office.

The Purchaser declares to have read and accepted these GTC before proceeding to the order placement. These GTC may be subject to subsequent modifications, the version applicable to the Purchaser’s purchase shall be the version in force on the website on the date of the order placement.

All Product orders placed by the Purchase suppose the unconditional acceptance of these GTC and the general terms of use of the YTHERA website for online orders. The Purchaser is deemed to have adopted them as such. The information contained in YTHERA’s catalogs, brochures, and price lists is provided for information purposes only and can be revised at any time. YTHERA reserves the right to effectuate any modifications it deems useful.

The present catalogs, brochures, and price lists revoke and replace, with effect on the date of their issuance, all prior documents, photos, advertising brochures (non-exhaustive list) exchanged between the parties. Before placing an order, it is the Purchaser’s responsibility to verify that the prices and conditions he/she is referring to represent the latest edition.

 

1.3 Foreign orders

The Products are in compliance with the French legislation in force. It is the Purchaser’s responsibility to verify the possibility of importing and using the Product(s) he/she wishes to order by contacting the destination country’s local authorities.

If an order is placed from a country outside of metropolitan France, the Purchaser is the importer of the Product(s) concerned. For all products shipped outside of the European Union and French overseas departments and territories, the price shall automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state fees may be payable. These duties and taxes are the sole responsibility of the Purchaser, who shall pay them.

 

 

 

ARTICLE 2 - ORDERS - INSTANT PURCHASES

2.1 Acceptance of the order

The sale shall not be considered final until after the Purchaser has received written or electronic confirmation of the order acceptance by YTHERA.

YTHERA reserves the right to refuse, reduce, or split any order, particularly in cases of an abnormal quantity ordered or the Purchaser’s inadequate creditworthiness (though this list is not exhaustive), without it being possible for the Purchaser to claim or require any compensation, penalty, damages, and interest of any kind.

2.2 Purchase order modification

2.2.1 Modification by YTHERA

YTHERA reserves the right to modify the items ordered to improve the Product without it being possibile for the Purchaser to claim or request any compensation, penalty or damages and interests of any kind whatsoever. In this case, the order can only be cancelled or modified by the Purchaser (except in the cases stipulated in Article 6 below) in the event that the confirmation from YTHERA modifies the delivery date, the price, or the quantity noted. The Purchaser shall notify YTHERA of the decision through a mailed or faxed letter within fourteen days of the modifying order confirmation; after this period, the confirmed order shall become definitive. It is the Purchaser’s responsibility to verify the accuracy of the order and to immediately report any errors.

YTHERA reserves the right to cancel or refuse any order from a Purchaser with whom there exists a dispute over the payment of a previous order. In the event of inventory shortages, YTHERA may, with the prior consent of the Purchaser, substitute an order in whole or in part with equivalent Products. In the absence of agreement on the part of the Purchaser, the Products affected by inventory shortage shall be cancelled from the order.

2.2.2 Order modification by the Purchaser

If the order acceptance is issued by YTHERA, the Purchaser is prohibited from unilaterally modifying, reducing or cancelling (except in the case stipulated in Article 6 below) the order sent to and accepted by YTHERA.

 

 

ARTICLE 3 - PRICE

The prices of the products displayed on the www.ylo-sante.com website are indicated in Euros inclusive of all taxes at the rate in effect. YTHERA reserves the right to modify the price of its Products at any time. The Purchaser shall be informed of any modifications before the placement of any order.

Prices do not include delivery fees, which are invoiced as a surcharge to the price. Delivery fees are fixed. The total shipping fees shall be communicated to the Purchaser before the validation of his/her order.

The Products remain the property of YTHERA until the complete collection of the invoice.

ARTICLE 4 - PAYMENT METHOD

The Purchaser must pay for his order online. The sums paid can never be considered as down payments or installments.

All orders are payable in Euros, all taxes and mandatory contributions included at the legal rate in force.

The payment of the order (price and shipping costs) shall only made via credit card or Paypal account. The debiting of the Purchaser’s bank account occurs upon validation of the order.

The Website includes an SSL security system. The Website uses the secure payment system Paypal. Payment security relies on Purchaser authentication and on the confidentiality of the completeness of the data.

The following credit cards are accepted: credit card, Visa, Mastercard….

As part of its order verification and payment quality policy, YTHERA can ask the Purchaser for a copy of a piece of identity as well as a proof of address. The order shall only be validated after the receipt and verification of the documents provided by the Purchaser.

The Purchaser guarantees that he possesses all required authorisations for using the chosen method of payment when validating the purchase order.

The Website cannot be held responsible for the consequences of using a credit card (fraudulent or otherwise), which could be done by third parties, including the interception of messages.

The Company reserves the right to suspend, cancel, or refuse any order and/or delivery in case of non-payment or partial payment of any sum payable by the Purchaser, in the event of a payment incident or fraud or attemped fraud relating to the use of the Website.

YTHERA reserves the right to request a photocopy of the Purchaser’s credit card for any credit card payment.

As part of the fight against fraud on the Internet, information relating to the order may be transmitted to any third party authorized by law or designated by the Company for the sole purpose of verifying the Purchaser’s identification, the validity of his order, the payment method used, and the planned delivery.

ARTICLE 5 - DELIVERY

YTHERA undertakes to transmit the delivery address, indicated by the Purchaser upon placement of the order, as well as any useful information, to its carrier as quickly as possible to ensure that the delivery will be made in the best conditions.

Shipping costs shall be invoiced at the current rates.

If the Purchaser wishes to receive deliveries at different addresses, he must place separate orders.

The Purchaser or the recipient of the ordered Products is invited to verify the condition of the products upon delivery. In the case of an apparent abnormality (damage, missing product from the delivery slip, damaged or broken package or product, etc.) found at the time of delivery in the presence of the carrier’s agent, the recipient of the ordered Products is required to follow the carrier procedure by noting the damages or deficiencies found, making claims and reserves, and refusing the delivery by immediately issuing a fault report with the carrier’s agent.

The Product recipient has two days (2) from receipt of the order to notify the carrier, via registered letter with acknowledgement of receipt, of any incident relating to the condition or content of the delivered package. He is also invited to report the problem encountered to the Company by e-mail to smile@ylo-sante.com

The Company agrees to deliver the Products in accordance with the stated average delivery time for each of the Products indicated on the Website. In the absence of a specified delivery time, the product delivery time shall not exceed thirty (30) days after the order confirmation.

In the event that the average delivery time indicated is exceeded, the Purchaser may rescind the contract via registered letter with acknowledgement of receipt in written form or through any other durable medium if, after having sollicited YTHERA in the same manner to carry out the delivery within a reasonable time limit, the latter did not execute within the new deadline. The contract shall be considered terminated upon YTHERA’s receipt of the letter or written notice informing it of this dissolution, unless the professional has delivered in the meantime.

The Purchaser shall then be refunded under the conditions listed in the article “RIGHT OF WITHDRAWAL.”

In the case of a defective product, the consumer is granted the right of return.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The terms of the right of withdrawal are set our in the “withdrawal policy,” which is available in the Annex attached hereto.

For the Products that the right of withdrawal would apply to, the Purchaser must return the Products to YTHERA no later than 14 days after sending the withdrawal. In this case, the Purchaser shall pay the direct costs associated with the return of the Products, but also bear the additional costs of delivery of the Products if the Purchaser has chosen a more expensive delivery method than the one generally offered by YTHERA.

ARTICLE 7 - LIABILITY

YTHERA assumes no liability and can in no case be held responsible for damages of any kind, whether tangible or intangible, indirect or corporal that could result from:

– the improper use by the Purchaser or the final Product recipient, which is incompatible with the uses, the usual safety rules, and the provided information forms,

– a discrepancy between the photographs and the reproduced texts illustrating the Products offered and their characteristics, which are provided for illustrative and not contractual purposes.

YTHERA shall not be held liable in the event of occurence of a force majeure event, meaning an unforseeable and insurmountable event as defined by legislation and case-law.

ARTICLE 8 - GARANTEES

All products sold by YTHERA come with the legal guarantee of conformity laid out by articles L. 211-4 to L. 211-3 of the French Consumer Code and the guarantee relative to the defects of the article sold under the conditions laid out in articles 1641 to 1648 and 2232 of the Civil Code. These articles are quoted below:

Article L211-4 of the Consumer Code

The seller shall deliver the goods in conformity with the sales 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, assembly or installation instructions when these have been made his/her responsibility by the contract or have been produced under his/her responsibility.

Article L211-5 of the Consumer Code

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

1. Be appropriate for the use normally expected for such a good and, where appropriate:

– match the description given by the seller and possess the qualities that were presented to the purchaser in the form of a sample or a model;

– have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, by the producer or his/her representative, particularly in advertising or labelling;

2. Or present the characteristics defined by a mutual agreement between the parties or be suitable for any specific requirement sought by the Purchaser, which was made known to the seller and which the latter agreed to.

Article L211-12 of the Consumer Code

Action resulting from lack of conformity lapses after two years from the date of delivery of the good.

Article 1641 of the Civil Code

A seller is bound to the guarantee on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which impair that use to such an extent that the purchaser would not have acquired it, or would have paid less for it, had the latter been aware of such defects.

Article 1648 of the Civil Code

The action resulting from critical flaws must be brought by the purchaser within a period of two years following the discovery of the flaw.

ARTICLE 9 - VARIOUS PROVISIONS

9.1 – Invalidity or illegality of any clause

In the event that one of the provisions of these GTC are be deemed void or unlawful, the validity and legality of the other provisions shall not be affected.

9.2 – Intellectual property

All texts, commentaries, works, illustrations, images and other items included on the Website are the sole and complete property of YTHERA. Accordingly, any reproduction, representation, modification, adaptation or use of any of these elements is prohibited and constitutes an infringement which could involve the civil and criminal liability of the infringer.

ARTICLE 10 - PROTECTION OF PERSONAL DATA

The information and personal data communicated by the Purchaser to YTHERA are intended for use by YTHERA’s internal services and by its service providers for the purpose of processing the Client’s Order. YTHERA may communicate this information to third parties.

YTHERA could propose offers from YTHERA partners to its willing customers. In such cases, YTHERA ensures the confidentiality of client information. The offers will be transmitted either by YTHERA or by a trusted partner.

According to the French law on information technologies and liberties no. 78-17 from January 6, 1978, but also the General Data Protection Regulation from April 27, 2016 which is effective as of May 25, 2018, the Purchaser may exercise his/her right of access and of rectification or deletion upon the information concerning him/her by sending a request to:

– on the Website in the “Contact” section, with the subject “general inquiry” or directly via e-mail to smile@ylo-sante.com,

– or via post (indicating e-mail address, surname, first name, mailing address) to the following address:

YTHERA

130, rue de Lourmel

75 015 PARIS

FRANCE

ARTICLE 11 - APPLICABLE LAW

These GTC are subject to French law.

Consequently, any legal dispute arising between YTHERA and the Purchaser is under the jurisdiction of the Paris courts.

ARTICLE 12 - CLAIMS AND INFORMATION

– For any potential claim or request for information, the Purchaser can contact YTHERA SAS customer service:

o Via e-mail: smile@ylo-sante.com

o Via post to the following address:

YTHERA SAS

130, rue de Lourmel

75015 Paris

FRANCE

ANNEX

ORDER WITHDRAWAL POLICY

Withdrawal

In principle, the Purchaser has the right of withdrawal by returning the Product to YTHERA. The Product must be returned as soon as possible and no later than fourteen (14) days following the submission of his/her notice of withdrawal.

Withdrawal period

In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the Purchaser or a third party other than the carrier, designated by the Purchaser, takes physical possession of the Products.

In the event that the Purchaser has ordered several products in a single order which gives rise to several deliveries (or in the case where a single product order is delivered in several lots), the withdrawal period shall expire fourteen (14) days following the day on which the Purchaser, or a third party other than the carrier, designated by the Purchaser, physically takes possession of the last Product delivered. If the Purchaser’s order covers more than one Product and these Products are delivered separately, the withdrawal period shall expire fourteen (14) days after the day on which the Purchaser, or a third party other than the carrier who is designated by the Purchaser, physically takes possession of the last Product.

Notice of the right of withdrawal

To exercise his/her right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the Purchaser must notify his/her decision to retract by means of a clearly worded statement (for instance through a letter sent via post, fax, or e-mail) to: YTHERA, at the following mailing or e-mail address: smile@ylo-sante.com

YTHERA

130, rue de Lourmel

75015 Paris

FRANCE

The purchaser may also use the form below:

WITHDRAWAL FORM

Request the form on the ylo-sante.com website, in the section “contact” under the heading “returns and refunds”

I hereby give notice that I withdraw from my contract of sale of the following Product:

Product Reference

Invoice No.:

Purchase order No.:

– Ordered on [____________]/received on [________________]

– Payment method used:

– Purchaser name and, if applicable, name of the order’s recipient:

– Purchaser’s address:

– Delivery address:

– Purchaser’s signature (only in the case of e-mail correspondence)

– Date

In order to observe the withdrawal period, the Purchaser must submit his/her notice concerning the exercise of the right of withdrawal before expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the Purchaser, YTHERA commits to reimburse all amounts paid, except delivery fees, without undue delay, and in any event no later than fourteen (14) days after YTHERA will have received the returned Product (Article L.221-24 of the Consumer Code).

YTHERA shall reimburse the Purchaser using the same means of payment as the Purchaser will have used for the initial transaction and this refund shall not, in any event, incur any costs for the Purchaser.

YTHERA may postpone the refund until receipt of the Product or until the Purchaser has provided proof of shipment of the good, whichever of the two is the earliest.

Return procedures

The Purchaser must, without undue delay, and in any event no later than fourteen (14) days after submitting the notice of withdrawal, return the Product to:

– YTHERA, 130, rue de Lourmel – 75015 Paris – FRANCE

The deadline shall be deemed to have been observed if the Purchaser returns the Product before expiry of the fourteen-day (14) period.

Return costs

The Purchaser shall bear the direct costs of returning the good.

State of the returned good

The Product must be returned in accordance with YTHERA’s instructions and include all accessories supplied.

The Purchaser shall only be liable for the devaluation of the Product resulting from it having been handled in a manner other than that necessary to ascertain its nature, its characteristics, and its proper functioning. In other words, the Purchase may test the Product but he/she may be held liable if he/she handles it in any way other than what is necessary.

Exclusions to the right of withdrawal

The right of withdrawal is excluded in the following cases:

o Supply of goods made in accordance with Purchaser specifications or distinctly personalised

o Supply of goods which are liable to deteriorate or expire rapidly

o Supply of goods which, due to their nature, are inseparably commingled with other items

o Supply of sealed goods that cannot be returned on grounds of health or hygiene protection which have been unsealed by the Purchaser following delivery.

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