General Terms and Conditions

(UPDATE 01/08/23)

These General Conditions of Sale are up to date as of August 1, 2022

1-DEFINITIONS

1. These General Conditions of Sale (hereinafter ''CGV'') are offered by the company SANAFLOW (hereinafter ''The Company''), SAS with capital of 10,000 euros, registered in the Trade and Companies Register of PARIS under number 893503516, represented by Floriane Rebourg, whose head office is located at 54 rue Crillon, 69006 LYON, France.
   
   
2. Its non-premium rate telephone number is 07 80 97 15 02, and its email address is Contact@lelabdelendo.com.
   
   
3. The company is the owner and publisher of the website www.lelabdelendo.com (hereinafter “the Site”). The Site is hosted by Shopify, Shopify Inc., a Canadian company registered on the TSX and NYSE, domiciled at 151 Rue O'Connor Street, Ottawa, Ontario K2P 2L8, Canada, reachable at 16132412828. The publishing director is Shopify.
   
   
4. The Site offers the Customer (hereinafter ''the Customer'') the opportunity to find information, support, health solutions and products aimed at relieving symptoms linked to endometriosis and, more broadly, pain. chronicles. (hereinafter the “Products/services”).
   
   
5. Before any use of the Site, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the services and Products on the Site, and that his browser allows secure access to the Site. . The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain viruses.

2- APPLICATION AND ENFORCEMENT OF THE CGV

1. The purpose of these General Terms and Conditions is to define all the conditions under which the company markets the Products and/or Services as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter ''Order'') of Products and/or Services placed on the Site by the Customer.
   
   
2. The Customer declares to have read and accepted these General Terms and Conditions before placing their Order.
   
   
3. Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.
   
   
4. Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.
   
   
5. The fact that the company does not avail itself at a given time of any provision of these General Conditions cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of these General Conditions.

3- ORDERING PRODUCTS/SERVICES ON THE SITE

The company reserves the right to correct the content of the Site at any time.

1. The Customer can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.
   
   
2. The Products and/or Services offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of the company and does not affect the validity of the sale.
   
   
3. The Customer selects the Product(s) and/or Services he wishes to purchase, and can access the summary of his Order at any time.
   
   
4. The Order summary presents the list of the Product(s) and/or Services that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) and/or Order Services. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.
   
   
5. After accessing the summary of their Order, the Customer confirms acceptance of their Order by checking the T&C validation box, then clicking on the Order validation icon. The words ''Order with payment obligation'' or a similar formula devoid of any ambiguity appear next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
   
   
6. After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.
   
   
7. After validation of his Order and in order to be able to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery of the product(s) and receipt of the service(s), and invoicing if they are different. The process of delivery of the product(s) and receipt of the service(s) is described in Article 5 of these General Terms and Conditions.

⚠️ ANY ORDER MUST INCLUDE THE CUSTOMER'S EMAIL, OTHERWISE THEY CANNOT RECEIVE THE INFORMATION RELATED TO IT. WHICH INCLUDES ALL INFORMATION ON PREPARATION, SHIPPING AND UPDATING DEVELOPMENTS OF THE PACKAGE UNTIL ARRIVAL AT ITS RECIPIENT ⚠️

1. The company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.
   
   
2. After having validated their delivery details and, where applicable, invoicing, the Customer proceeds to pay for their Order according to the terms specified below.

4- PRICE AND PAYMENT CONDITIONS OF THE ORDER

1. The prices are mentioned on the Site in the descriptions of the Products and/or Services, in euros and excluding tax and all taxes included.
   
   
2. The total amount is indicated in the order summary, before the Customer accepts these General Terms and Conditions, validates his Order, provides and validates his delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated all taxes included.
   
   
3. The Order of Products and/or Services on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, unless special conditions of sale are expressly accepted by the Customer and the company.
   
   
4. In the event of payment by credit card, the Site uses the security system of stripe, a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the company. Stripe's general conditions of use can be consulted at the following address: https://stripe.com/fr/privacy.
   
   
5. The Customer guarantees the company that he has the necessary authorizations to use the payment method when placing the Order.
   
   
6. The company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

5- USE OF SERVICES/DELIVERY

1.   The product(s) offered on the Site can be delivered to mainland France as well as the following states: Portugal, Spain, Italy, Monaco, Switzerland, Germany, Luxembourg, Belgium, United Kingdom. United.
   
2.  The company undertakes to deliver the product(s) within a period not exceeding 5 to 7 working days from the Order date.
   
   
3. The Customer is informed by email, when their Order is ready, of its shipment. The product(s) ordered(s) are delivered to the delivery address indicated by the Customer when placing the Order under the conditions specified in article 3.8 of these General Terms and Conditions. ⚠️ Emails are only provided if the address has been mentioned beforehand in section 3, point 7. Otherwise no transmission of information is possible.
   
   
4. The Customer must ensure that the information communicated referred to in article 3.7 of these General Terms and Conditions is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the company of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the company liable in the event of non-delivery, and the company's customer service will contact the Customer for a second delivery. on client fee.
   
   
5. The company will also not be responsible if the non-receipt of the Products and/or Services is due to the actions of a third party outside its intervention or in the event of theft.
   
   
6. If the Order is returned due to the Customer's absence, the company's customer service will contact the Customer for a second delivery at the Customer's expense.
   
   
7. The Customer will be able to follow the delivery of their Order by contacting customer service, the number of which appears in article 6.2 of these General Terms and Conditions.

6- CUSTOMER SERVICE

1. For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the company's customer service, in order to allow the latter to try to find a solution to the problem.
   
   
2. The company's customer service is available from 9 a.m. to 8 p.m. Monday to Friday using the following contact details:

• Telephone: 07 80 97 15 02
• email: Contact@lelabdelendo.com
• mail: 10 RUE DE LA PAIX? 75002 PARIS

7- LEGAL AND COMMERCIAL GUARANTEES

All products offered by the company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:

The non-compliant product will be replaced or repaired according to the cost conditions provided for by the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

Thus the Customer:

(i) benefits from a period of two (2) years from delivery of the product to act in the event of lack of conformity of the Product

(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,

(iii) may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.

The hidden defects guarantee allows the Customer to be protected against hidden defects in the product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the product and request a reduction in the price, or return the product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.

The following legal provisions are recalled:

Art. L217-4 of the Consumer Code : '' The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility .''
 
Art. L217-5 of the Consumer Code : '' The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by 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. ''

Art. L217-7 of the Consumer Code : '' Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity . ''

Art. L217-8 of the Consumer Code : '' The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied . ''

Art. L217-9 of the Consumer Code : '' In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. ''

Art. L217-10 of the Consumer Code : '' If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor . ''

Art. L217-11 of the Consumer Code : '' The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. ''

Art. L217-12 of the Consumer Code : '' Action resulting from lack of conformity is prescribed two years from delivery of the goods . ''

Art. L217-13 of the Consumer Code : '' The provisions of this section do not deprive the buyer of the right to exercise action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law . ''

Art. 1641 of the Civil Code : '' The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given only a lower price, if he had known them. ''

Art.1642 of the Civil Code : '' The seller is not liable for apparent defects of which the buyer was able to convince himself. ''

Art. 1643 of the Civil Code : '' He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee .''

Art. 1644 of the Civil Code : '' In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. ''

Art. 1646 of the Civil Code : '' If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale . ''

Art. 1648 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. (…) ''

If a Customer considers that they have received a product that they consider to be defective or non-compliant, they must contact the company, as soon as possible following receipt of the Order, at the following email address: Contact@lelabdelendo. com , or by registered mail with acknowledgment of receipt to the following address: 54 rue crillon, 69006 LYON , France , specifying the defect or non-compliance in question.

It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies noted. The Customer must allow the company every opportunity to identify these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the company, the latter will then send the Customer its instructions on how to proceed after having become aware of the complaint thus formulated and, if necessary, will replace the product of which the company would have been led to note the lack of conformity, or the defect.

In the event that the exchange of the product is impossible, the company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the company's proposal by credit to the Customer's bank account, the Customer being able to opt for another method of reimbursement than that proposed (Transfer). 

8- CUSTOMER OBLIGATIONS

1. The Customer undertakes to respect the terms of these General Terms and Conditions.
   
   
2. The Customer undertakes to use the Site and the services in accordance with the company's instructions.
   
   
3. The Customer agrees that he only uses the Site for his personal use, in accordance with these General Terms and Conditions. In this regard, the Client agrees to refrain:

• To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions.
• To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
• Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
• To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
• Infringe the intellectual property rights of the company and/or resell or attempt to resell the products to third parties.
• To denigrate the Site and/or the products as well as the company on social networks and any other means of communication.

1. If, for any reason, the company considers that the Customer is not complying with these General Terms and Conditions, the company may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action. against him.

9- DELIVERY/RIGHT OF WITHDRAWAL

1. The society implements all measures to ensure that the Customer is supplied, under optimal conditions, with quality product(s)/quality service(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the company's liability was committed, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence.
   
   

2. The company's liability cannot be called into question for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products. In particular, the photos on the Site are provided for information purposes. Under no circumstances can a modification of the container or content of a Product be invoked in the event of a discrepancy with the photo available on the Site. The notices published in the product sheets are for information purposes only. The Customer undertakes to carefully read the instructions displayed by the manufacturer on or in the packaging of the Product. It is this notice which contains the information (and in particular dosages and contraindications) that the Customer and in general any person who will consume the Product must respect.

3. The company cannot be held responsible for damage caused by misuse of one of its Products / Services or by non-compliance with the precautions for use and conditions of hygiene, storage and safety when using a of its Products/Services.
   
   
4. The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
   
   
5. The establishment of such links or the reference to any information, articles or services provided by a third person cannot and cannot be interpreted as an express or tacit endorsement, by the company, of these sites and these elements nor of their contents.
   
   
6. The company is not responsible for the availability of these sites and cannot control the content or validate the advertising, product(s)/service(s) and other information published on these websites.
   
   
7. It is expressly stipulated that the company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging rejects, for example due to anti-spam, the emails sent by the company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email.
   
   
8. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have entered into a contract.

11- SAFETY

1. The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. The Client may also not harm or hinder the company's information system. Failing this, the company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code.

12- INTELLECTUAL PROPERTY AND PERSONAL DATA

1. The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
   
   
2. No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
   
   
3. The company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
   
   
4. Any use by the Client of the company names, brands and distinct signs belonging to the company is strictly prohibited except in the event of express and prior agreement from the company.
   
   
5. The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with GDPR regulations, to respect your privacy and to protect your personal data, i.e. likely to identify you directly or indirectly as a person.
   
   
6. As part of the order, the company aims to collect the Customer's personal data. The company is committed to protecting customers' personal data.
   
   
7. The files containing personal data necessary for the order are notably kept on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The company does not communicate or trade in customer personal data.
   
   
8. At the order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place orders.
   
   
9. The purpose of the personal data collected by the company is to enable the order to be completed. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
   
   
10. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as ''Informatique et Libertés'', and the general regulations on data protection ( GDPR), subject to proof of your identity, any Customer, regardless of their nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
    
    
11. For the purposes of applying this clause and, in particular, to ensure the confidentiality treatment of Customer data, the company has designated, in accordance with the provisions of the general data protection regulations (GDPR), a delegate to the data protection, which can be contacted at the following address: Contact@lelabdelendo.com
    
    
12. In any case, any Customer has the right to make any complaint to the CNIL.

13- NEWSLETTER

1. By checking the box provided for this purpose or by expressly giving his agreement to this purpose, the Customer accepts that the company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.
2. When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for products/services similar to those ordered.
3. Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

The Customer has the option of registering free of charge on a BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom he or she does not have a contractual relationship in course, in accordance with law no. 2014-344 of March 17, 2014 relating to consumption.

Any consumer can register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php .

14 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

1. These General Terms and Conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law.
2. In the event of a dispute likely to arise during the interpretation and/or execution of these General Terms and Conditions or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.
3. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company adheres to the MCP Médiation e-commerce Mediator Service whose contact details are as follows: Médiation De La Consommation & Patrimoine – MCP 12 Square DESNOUETTES 75015 PARIS 15 – https://mcpmediation.org

You can use the mediation service for consumer disputes linked to an order placed on the internet.

To find out how to contact the Mediator: https://mcpmediation.org/saisir-le-mediateur/

1. Finally, it is recalled that mediation is not obligatory but only offered in order to resolve disputes by avoiding recourse to justice.
2. The Customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France: https://webgate.ec .europa.eu/odr/ .
3. In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.

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Annex 1

WITHDRAWAL FORM

SANAFLOW 54 rue crillon, 69006 Lyon, France
Contact@lelabdelendo.com
07 80 97 15 02

I hereby notify you of my withdrawal from the contract relating to the sale of the product(s)/service(s) mentioned below:

Ordered on:
Received on:
Order number :
Client name :
Customer address:
Date :
Client's signature :