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Expdya Platform Terms and Conditions

INTRODUCTION

These Terms of Service ("Terms") define the terms and conditions governing the use of the e-commerce website "Expdya" (the "SERVICE"), operated by Epsylon ("the COMPANY"), and apply to all users of the SERVICE. Please read these Terms carefully before using the SERVICE.

In accordance with the Legal Notice, the publisher of the Expdya website is represented by Mr. Christopher Vigne, 711 chemin de casse lieu-dit Cosse, 47120 Lévignac-de-Guyenne, registered with the RCS Agen: 849 780 101 – Siret: 84978010100036 (hereinafter referred to as the "Seller," "Expdya," http://www.Expdya.com " or "We").

User access to the website is always voluntary. By accessing and using the website, all Users must strictly adhere to these Terms of Service. Therefore, it is important that each User reads or rereads these Terms of Service in their entirety with each visit to be aware of any modifications.


Article 1 (Terms of Use Agreement)

  1. Users must use the SERVICE in accordance with the terms and conditions set forth herein and are prohibited from using the SERVICE without accepting the Terms of Use (including the Privacy Policy referenced herein). (This is fairly straightforward and accurate.)
  2. Upon a user's acceptance of these Terms of Use, a service agreement (hereinafter the "Service Agreement") shall be formed between the user and the COMPANY, in accordance with the terms and conditions herein. (Improved wording for legal precision; "shall be formed" is more legally precise than "will enter into effect.")
  3. 2.3. Upon a user's request for the Purchasing Agent Service and the COMPANY's acceptance thereof during the term of the Service Agreement, a separate agreement for the provision of services (hereinafter a "Transaction Agreement") shall come into effect. (This is the most significantly changed section. "Quasi-mandat" is a nuanced legal term; "separate agreement for the provision of services" or similar phrasing is more universally understood and avoids potential misinterpretations depending on the jurisdiction. The use of "Transaction Agreement" rather than "Individual Transaction" also improves clarity by suggesting a distinct contractual relationship for each use of the service).

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Article 2 (Amendments and modifications to the Terms of Use)

1. Under the following circumstance, the Company, at its sole discretion, may modify or add to the content of these Terms of Use. Following any modification, the updated Terms of Use will be posted on the SERVICE's user interface or the Company's website (hereinafter, the "WEBSITE"; the WEBSITE shall include the website following any change in the Company's website domain or content) at least 30 days prior to the effective date of the modified Terms of Use, unless otherwise specified by the Company.

  • (1) The modification or addition to the Terms of Use is in the common interest of users; or
  • (2) 1. (2) The modification or addition of the Terms of Use is not contrary to the intention and objective of the Terms of Use and the SERVICE (site web), and is not reasonable in terms of necessity, timeliness, detail and other circumstances of modification.

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2. If a user does not accept the Terms of Use following any modification(s), their use of the SERVICE (website) will be immediately terminated. Continued use of the SERVICE (website) after the effective date of the modified Terms of Use constitutes acceptance of the modified Terms of Use. Users are responsible for reviewing the most current Terms of Use periodically.

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Article 3 (Definitions)

As used in these Terms of Use, the terms defined below shall have the meanings specified. Option 2 (Slightly less formal):

(1) “Registration Information”

Registration Information refers to the information provided by users during the user registration process, any other information required by the COMPANY for use of the SERVICE (website), and any additions or modifications made by the user to this information.

(2) « Content »

encompasses all information accessible to users through the SERVICE. This includes, but is not limited to, documents, photos, videos, audio recordings, music, images, software, programs, code, and other data.

(3) “Merchandise”

"Merchandise" means all goods offered for sale, directly or indirectly through the SERVICE (website), including any other related products. The purchase of merchandise is solely for the purchaser's personal use; resale or other commercial exploitation of the merchandise is strictly prohibited.


Article 4 (User Registration)

  1. Users may request registration by accepting these Terms of Use and providing THE COMPANY with registration information
  2. Regarding the request stated in the previous clause, THE COMPANY will determine whether to accept the registration. User registration will be complete upon notification of registration completion by THE COMPANY.
  3. Users must provide truthful and accurate information when submitting registration information. THE COMPANY assumes no liability for any damages suffered by users as a result of falsification, error, or omission in the registration information.
  4. In case of changes to registration information, the user must promptly inform THE COMPANY of such details in the form prescribed and specified separately by THE COMPANY. If a notice from THE COMPANY fails to reach the user due to the user's negligence in providing for such notice as stated above, THE COMPANY's notice will be deemed to have reached the user at the time it would have ordinarily arrived.

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Article 5 (Refusal of registration)

The Company reserves the right to refuse registration to any applicant (hereinafter, the "Applicant") who has applied in accordance with Clause 1 of the preceding section if any of the following circumstances apply:

  • (1) The registration information provided to the COMPANY contains falsities, errors, or omissions;
  • (2) The applicant has been subject to, or is currently subject to, suspension of SERVICE use, including but not limited to account termination;
  • (3) The applicant is under the age of 16;
  • (4) The applicant does not understand or accept the Terms of Service, Privacy Policy, and other provisions stipulated by the COMPANY;
  • (5) The COMPANY determines that the applicant is involved with antisocial forces (including, but not limited to, gangs, gang members, extremist groups, or individuals with equivalent capabilities), or engages in any social exchange or involvement with such forces, including but not limited to cooperation or participation in the maintenance, operation, or management of such forces through financial or other means; or 
  • (6) In any other case where the COMPANY deems the user registration inappropriate.

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Article 6 (Use by persons under 16 years of age).

  1. The Service may not be used by individuals under the age of 16, regardless of parental or guardian consent.
  2. If an individual under the age of 16 uses the Services by falsely claiming to be of legal age, any legal acts related to the use of the Services or the purchase of products, etc., are not subject to revocation. (Alternatively, for stronger emphasis on the non-revocability: "...are binding and cannot be revoked.")
  3. If a User under the age of 16 at the time of consenting to these Terms and Conditions uses the Service(s) after reaching the age of majority, such User shall be deemed to have ratified all legal acts related to the Services.

 

Article 7 (Account Management)

  1. Users are solely responsible for managing their accounts and must not allow any third party to use them. Similarly, users may not lend, transfer, trade, or sell their accounts.
  2. When the COMPANY confirms a match with an account, the registered account holder is deemed to have used the SERVICE.
  3. If an account is compromised or used by a third party, the user must immediately notify the COMPANY and follow all instructions provided by the COMPANY.
  4. The user is liable for any damages resulting from poor account management, negligent use, or unauthorized third-party use. The COMPANY assumes no responsibility for such damages.

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Article 8 (Purchasing Agent Service)

  1. Purchasing Agent Service: Users may request that the COMPANY act as a purchasing agent for goods listed on third-party operated e-commerce websites (hereinafter, the "Purchasing Agent Service") by applying according to the prescribed procedures. In such cases, Users will be considered the official importer of the goods, and the COMPANY will facilitate importation on the User's behalf as the User's agent. Users agree to comply with all applicable laws, regulations, certifications, and rules of the importing country when requesting the COMPANY to purchase on their behalf.

  2. Transaction Establishment: Upon notifying a User of its acceptance of their purchasing agent request for the goods in question, an individual transaction for the purchase of the goods will be established between the User and the COMPANY. Concurrently, upon receipt of payment, the COMPANY will commence purchasing the goods from the supplier(s) (Merchant Site) on the User's behalf.

  3. Ownership and Benefits: Ownership of the goods will remain with the COMPANY, a supplier, or other third party until the COMPANY delivers the goods to a shipping carrier (hereinafter, "Shipping Carrier") for delivery, at which point ownership will transfer to the User. Regardless of ownership, all points and other benefits (excluding the goods themselves) granted by the seller when the COMPANY purchases goods via the Purchasing Agent Service shall belong to the COMPANY.

  4. Cancellation Policy: Unless otherwise provided or accepted by the COMPANY, the COMPANY will not accept any cancellation, withdrawal, or modification of the purchase order by the User after approval of a purchasing agent request. This applies regardless of whether the COMPANY has actually purchased the requested goods; therefore, please exercise caution when applying for the Purchasing Agent Service.
  5. Exceptions to Purchase Obligation: Notwithstanding paragraph 2, if the price of the goods at the time of a User's request is demonstrably unfair relative to market prices, etc., at the time of purchase by the COMPANY; if the goods supplier is found to be out of stock of the given goods; if it is discovered prior to purchase that the requested goods fall under the provisions of Article 16; if the goods have not arrived from the goods supplier within 30 days of purchase by the COMPANY via the Purchasing Agent Service (excluding cases under special circumstances where the goods supplier requires time to provide the goods, including pre-orders, custom manufacturing, or any other reason approved by the COMPANY); if any of the questions published on the COMPANY's website are applicable; or if the COMPANY determines that it is impossible or difficult to perform the Purchasing Agent Service, the COMPANY reserves the right to not be obligated to purchase the given goods.


Article 9 (Reception and storage)​

  1. If a user selects the purchasing agent service, the COMPANY will receive the goods specified by the user via their purchase form and service from a supplier on the user's behalf.
  2. When a user utilizes the purchasing agent service, after receiving the goods, the COMPANY must store the goods with the same care as its own until delivery to the shipping company. This is in accordance with the separately established storage policy, in addition to the provisions of this section. The COMPANY must also inform the user that the goods have been received.
  3. The COMPANY will store the goods for 10 days from the date of receipt of the last package, as specified in paragraph 1 (hereinafter referred to as the "Storage Period"). The user must pay the COMPANY for the goods and related fees, as stipulated in Article 13, Clause 1, during the Storage Period.
  4. The COMPANY is not obligated to store Goods for which the Storage Period has expired, or Goods specified in Article 16.


Article 10 (Inspection)

  1. The COMPANY may inspect the received goods' appearance at its discretion solely to verify that the goods received match the goods ordered by the user. However, this section does not obligate the COMPANY to perform any inspection or other action.
  2. The inspection described in the preceding paragraph does not constitute verification of the goods' quality, operational functionality, authenticity, suitability for the user's intended purpose, expected value, or market value. The COMPANY provides no guarantee or warranty with respect to any of these aspects.


Article 11 (Shipping)

  1. Shipping: The Company will ship the merchandise received in accordance with Clause 1 of the preceding section to the designated delivery address (limited to countries and regions specified separately by the Company). However, users acknowledge that shipment to the delivery address may be prohibited due to laws and regulations of the shipment origin or transit locations.
  2. Shipping Time: Due to inventory conditions at the supplier, shipping conditions to the Company, customs procedures during shipment, and other factors, the shipping timeframe estimated by the Company may differ from the actual shipping time.
  3. Payment: Shipment of merchandise as per Clause 1 of this section will only be made after payment(s) for shipping costs, packaging options, and storage fees, as detailed in the following section, are received.
  4. Delivery Confirmation and Liability Waiver: Merchandise shipped by the Company under the purchasing agent service will be considered delivered without defect to the designated delivery address, even if receipt cannot be confirmed due to non-delivery resulting from an incorrect or nonexistent address provided by the user, user absence, refusal of delivery at the designated address, or any other circumstance whatsoever.
  5. No Liability for Non-Delivery: Even if the user incurs damages as a result of the preceding clause, the Company assumes no liability for such damages.
  6. Loss, Damage, and Termination: If merchandise shipped under the purchasing agent service is not delivered to the user due to accident, loss during delivery, or other reasons not attributable to either the user or the Company, this transaction is automatically terminated, and the Company assumes no liability. Furthermore, if merchandise shipped under the purchasing agent service is damaged due to accident during delivery or other reasons not attributable to either the user or the Company, the Company assumes no liability. However, in case of intentional loss or damage, or loss or damage due to gross negligence of the delivery company designated by the Company. 


Article 12 (Payment of charges for goods, etc.)

  1. Under this SERVICE, users are responsible for the cost of goods, in addition to purchasing agent fees, shipping costs, and other expenses separately specified by the COMPANY.
  2. When using the purchasing agent SERVICE, users must select a payment method specified on the WEBSITE and pay for the cost of the goods and the purchasing agent fees (5% commission per item ordered) upon finalizing their purchase request.
  3. If a user selects the Purchasing Agent SERVICE, the COMPANY will then purchase and ship the goods after the user selects a payment method specified on the WEBSITE and pays for the cost of the goods, shipping, and any other expenses notified by the COMPANY.

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​.Article 12.1. Payment terms

Before placing an order, the buyer must create an account on the Expdya.com website. The account creation section is directly accessible from the sidebar menu. Each time the buyer wishes to place an order or access their account (order status, profile, etc.), they will need to log in using their credentials. Epsylon offers buyers a multi-step ordering and payment process with two payment options.

  • Bank Transfer Payment: The buyer selects desired products from the "Order Form," modifies quantities, references, URLs, shipping options, and prices as needed, and verifies or enters a new shipping address. Shipping costs (excluding customs duties) are then calculated and displayed. The buyer selects "Bank Transfer" as the payment method. The final step allows the buyer to review all information, acknowledge and accept these General Terms and Conditions of Sale by checking the corresponding box, and then confirms the order by clicking "Confirm My Order." This click constitutes the finalization of the contract. Upon confirmation, the buyer receives an order confirmation. To finalize payment and initiate order processing, the buyer must contact their bank to make a transfer for the order total to Epsylon's bank account (details provided to the buyer). Once the transfer is received, the order will be processed, and the buyer will be notified by email. After receiving payment, Epsylon will purchase the products. Epsylon, via Expdya, will ship the products as soon as the entire order is received.
  • Secure Payment via PayPal or Credit Card (via PayPal): The buyer selects desired products from the "Order Form," modifies quantities, references, URLs, shipping options, and prices as needed, and verifies or enters a new shipping address. Shipping costs are then calculated and displayed. The buyer selects "PayPal" as the payment method. The next step allows the buyer to review all information, acknowledge and accept these General Terms and Conditions of Sale by checking the corresponding box, and then confirms the order by clicking "Confirm My Order." The buyer is then redirected to the secure PayPal interface to securely enter their PayPal account or credit card details. If the payment is accepted, the order is registered, and the contract is definitively formed. PayPal and credit card payments are irrevocable. In case of fraudulent use, the buyer can request cancellation of the card payment, and the funds will be credited or refunded. The credit card holder is not liable if a disputed payment is proven to be fraudulently made remotely without physical use of the card. To obtain a refund for the fraudulent charge and any associated bank fees, the cardholder must contest the charge in writing with their bank within 70 days of the transaction, or 120 days if stipulated in their bank contract. The bank will refund the amount within a maximum of one month after receiving the written dispute. No refund fees will be charged to the cardholder.

Order confirmation implies acceptance of these Terms and Conditions of Sale, acknowledgement of full understanding, and waiver of any conflicting purchase terms. All provided data and the recorded confirmation constitute proof of the transaction. If the buyer has provided an email address on their order form, Epsylon will send an order confirmation email.


Article 13 (Return and exchange of goods)

  1. Users have the right to request a return or exchange of goods within seven days of delivery, only if the goods delivered through the purchasing agent service differ from the details of the user's order. However, returns or exchanges are only permitted for unopened and unused merchandise. The COMPANY will refuse any return or exchange from users who return or exchange goods after this period expires.
  2. Upon receiving a return or exchange request (as described above), the COMPANY will determine the feasibility of the return or exchange after confirming the request details. If a return or exchange is approved, the COMPANY will assist the user in processing their refund, return, or exchange request with the merchant website. The user is responsible for all return shipping costs. Under no circumstances will the COMPANY process refunds, exchanges, or returns in its own name.
  3. If a user who utilized the Purchasing Agent Service suffers damages resulting from one or more defects in the delivered goods, the COMPANY will not assume any resulting liability, whether direct or indirect.


Article 14 (Warranties and repairs)

  1. Warranty details and conditions for merchandise on the SERVICE are subject to the warranty system of the respective merchandise provider. The COMPANY provides no separate warranty.
  2. Procedures for warranty claims and repairs of products on the SERVICE are subject to separate, individually stated provisions established by the COMPANY. Shipping, packaging, and other costs associated with the return or reshipment of merchandise are the responsibility of the user.

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Article 15 (Prohibitions)

In using the SERVICE (Website), users must not, on their own initiative or through a third party, engage in any act that applies or could apply to any of the following:

  • (1) Violating any laws, court orders, judgments, regulations, legally binding administrative measures, or acts that facilitate such violations;
  • (2) Acts of fraud or intimidation against the COMPANY or third parties;
  • 3) Acts that contravene strong public policy or endanger public order and morality;
  • (4) Infringing intellectual property rights (hereinafter “Intellectual Property Rights” collectively refer to copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights; this includes acquisitions of such rights and applications for registration, etc., of such rights), rights of publicity, privacy, reputation, or other rights or interests of the COMPANY or a third party;
  • (5) Imposing an excessive burden on the network or system, etc., of the SERVICE (Website);
  • (6) Unauthorized and illegitimate access to any system connected to the SERVICE;
  • (7)Acts aimed at collecting information about other users;
  • (8) Impersonating the COMPANY, other users, or third parties;
  • (9) Using another user's account;
  • (10) Reselling goods to third parties;
  • (11) Paying antisocial forces;
  • (12) Acts that contravene the intent or purpose of these Terms of Use and the SERVICE; and
  • (13) Any other act deemed inappropriate by the COMPANY."

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Article 16 (Inadmissible Goods)

In connection with the use of the SERVICE, THE COMPANY will not handle the following goods:

  • (1) Items prohibited from sale or export to foreign countries by the French government;
  • (2) Items whose import is prohibited or restricted by the country, region, state, or municipality to which the user's address or delivery address belongs;
  • (3)Items acquired through illegal or illegitimate methods or means;
  • (4)Cash or negotiable instruments (including cards such as credit cards and debit cards);
  • (5) Items containing obscene material, child pornography, abuse, or any other content contrary to public order and morality;
  • (6) Live or dead animals and plants;
  • (7)Human bodies, in whole or in part, human remains, or bones;
  • (8) Perishable items;
  • (9) Dangerous goods, including but not limited to firearms, swords, other weapons, ammunition, explosives, and poisons;
  • (10)Items that cannot be shipped subject to the terms of service established by the carriers used by THE COMPANY or other provisions; and
  • (11) Any other item deemed inappropriate by THE COMPANY.


Article 17 (User Withdrawal)

Users have the right to withdraw from the SERVICE

At any time using the prescribed methods. Users who withdraw from the SERVICE agree in advance to forfeit the right to use all or part of the SERVICE from the moment of withdrawal.

If any debts are owed to the COMPANY at the time of withdrawal, the user will automatically forfeit any payment deadlines for the entire debt and will be required to immediately pay the debt to the COMPANY in full.

Following withdrawal, users must complete the registration process again if they wish to use the SERVICE(S) again. Even upon re-registration, data from before the user's withdrawal will not be transferred.

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Article 18 (Cancellation, etc.)

The COMPANY reserves the right to require a user to ratify the situation outlined in the following articles  and to cancel an individual transaction or service contract if such ratification is not provided within 20 days of the request. This right applies if the COMPANY determines that a user is, or may be, engaging in any of the following:​

  • (1) Violating any of the terms and conditions of this User Agreement;
  • (2) Allowing goods to exceed their storage period;
  • (3) Failing to pay debts incurred through transactions on the SERVICE;
  • (4)Failing to respond to inquiries or other communications from the COMPANY requiring a response for a period of 30 days or more;
  • (5) The discovery that Article 5, clause 1, 4, or 7 applies to the user;
  • (6) Requesting SERVICE concerning Goods specified in Article 17;
  • (7)The COMPANY's determination that it is difficult to continue the individual Transaction or service Contract due to operational or maintenance issues of the SERVICE;
  • (8) The COMPANY's determination that similar grounds to the preceding items exist.

2. The COMPANY reserves the right to cancel an individual Transaction or the Service Agreement without notice if a user engages in any of the following:

  • (1) lConduct prohibited by this document;
  • (2)Any material breach of the Terms of Use, other than the preceding item;
  • (3)Return of shipped goods without cause attributable to the COMPANY;
  • (4) Suspension of payments, insolvency, or commencement of bankruptcy proceedings, receivership, or similar proceedings;
  • (5) Death or adjudication of incompetence, guardianship, or conservatorship;
  • (6) Determination that Article 5, clauses 2, 3, 5, or 6 apply to the user;

3. The COMPANY reserves the right to suspend the SERVICE, terminate a user's account, or take any other action separately provided by the COMPANY at its discretion if it determines that any of the items in the preceding two clauses is or may be applicable.

4.The COMPANY assumes no liability for damages incurred by users resulting from actions taken by the COMPANY pursuant to this section.

5. The COMPANY will not refund any money received from a user if the cancellation is made in accordance with this section.

Article 19 (Goods Disposal)

  1. If an individual transaction or service contract is terminated due to cancellation or any other reason within the purchasing agent's service, and the COMPANY is in possession of the goods, it reserves the right, as owner, to sell, return to the vendor, dispose of, or otherwise deal with the goods according to their nature (hereinafter "disposal").
  2. Notwithstanding the foregoing, if the user fails to collect the goods within the collection period following termination, the COMPANY considers the user to have abandoned ownership of the goods.
  3. The COMPANY acquires ownership of the goods surrendered by the user and has the right to dispose of them without the user's consent.
  4. The COMPANY assumes no liability for any damages incurred by the user due to disposal under this section.


Article 20 (Modification, Suspension, Termination of SERVICE)

1. The COMPANY reserves the right to modify or expand the content and specifications of the SERVICE in whole or in part without prior notice to users.

2. The COMPANY reserves the right to terminate the provision or operation of the SERVICE in whole or in part at its sole discretion. In such cases, the COMPANY will inform users of the termination in a manner deemed appropriate by the COMPANY. Provided, however, that notifications are not required in emergency situations.

3.The COMPANY reserves the right to temporarily suspend the SERVICE in whole or in part without prior notice to users in any of the following situations:

  • (1) To perform regular or emergency maintenance or repair work relating to the SERVICE;
  • (2) Concentrated load on the system due to excessive access or other unforeseen factors;
  • 3)The emergence of a need to ensure user safety;  ;
  • 4) Unavailability of telecommunications services;
  • (5) Difficulty in providing the SERVICE due to force majeure events, including but not limited to natural disasters;
  • (6) Difficulty in providing the SERVICE due to fire, power outages, other contingencies or disruptions, including but not limited to war, conflict, riots, insurrections, and labor disputes;
  • (7) Where operation of the SERVICE has become impossible due to laws and regulations or measures taken pursuant thereto;
  • (8) where the COMPANY deems such action necessary in accordance with any of the foregoing.

4. The COMPANY assumes no liability for any damages suffered by users as a result of actions taken by it pursuant to this section.

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Article 21 (Termination of an Individual Transaction or Service Agreement)

  1. An individual transaction is terminated upon delivery of the goods to a user (including where the goods are deemed to have been delivered).
  2. An individual transaction is terminated if the COMPANY or a user falls under Article 8, Article 5, Article 12, Article 6, or Article 2, point 4 or 8 of the preceding article.
  3. Notwithstanding the foregoing two clauses, the COMPANY reserves the right to terminate the provision or operation of all or part of the SERVICE at its sole discretion. In such event, the COMPANY will notify users by a method it deems appropriate; provided, however, that the COMPANY may omit notice in the event of an emergency.
  4. The COMPANY assumes no liability for any damages suffered by a user as a result of actions taken by the COMPANY pursuant to this section.

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Article 22 (Attribution of Rights)​

  1. All intellectual property rights relating to the SERVICE are owned by the COMPANY or its licensors, and nothing in these Terms of Use constitutes a license, assignment, or transfer of such intellectual property rights, other than the limited license expressly granted in these Terms of Use.
  2. Users shall not engage in any act that would infringe the intellectual property rights described above for any reason (including, but not limited to, copying, reverse assembling, reverse compiling, and reverse engineering), and shall not adapt, modify, or alter any information or content provided by the COMPANY without obtaining a license from the COMPANY to do so, nor publish or permit any third party to use such adapted, modified, or altered information or content.
  3. Trademarks, logos, service marks, etc. (collectively, "Trademarks, etc.") may appear on the SERVICE; however, the COMPANY does not grant any license or right to use such Trademarks, etc. to Users or any third party.

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Article 23 (User Information Management)

The COMPANY shall appropriately manage registration information and other user information collected regarding the use of the SERVICE, from the commencement of WEBSITE access until termination of the Service Agreement, in accordance with the separately stated Privacy Policy.

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Article 24 (Damages)

  1. If the COMPANY suffers direct or indirect damages due to one or more breaches of the Terms of Use or a user's use of the SERVICE (including instances where the COMPANY receives a damage claim or other third-party claim), the user shall indemnify the COMPANY for all damages (including expenses for professionals such as legal counsel and labor costs incurred by the COMPANY to remedy the situation).
  2. Regarding damages suffered by users in connection with the use of the SERVICE, where the COMPANY is liable for unlawful conduct or breach of contract, and such damages result from intent or gross negligence on the part of the COMPANY, it shall indemnify users only for direct and ordinary damages actually incurred. If such damages result from slight negligence on the part of the COMPANY, the COMPANY shall indemnify users up to the amount they paid to the COMPANY in respect of that individual Transaction. In either case, the COMPANY shall not be liable for damages resulting from special circumstances (including situations where the occurrence of the damage was foreseeable or predictable).


Article 25 (Disclaimers and Waivers of Warranties)

  1. COMPANY does not warrant that the SERVICE or Goods purchased by users utilizing the SERVICE will meet the user's specific objectives, possess expected characteristics, commercial value, accuracy, utility, or integrity, and does not warrant that the use of the SERVICE complies with laws applicable to the user or internal regulations of industry groups.
  2. COMPANY makes no warranty regarding the functionality or output of external websites, automated translation software, other software, or devices used by users in connection with the use of the SERVICE.
  3. With respect to Goods purchased by users through the SERVICE, if a recall or other collection of Goods (hereinafter, "Recalls, etc.") is conducted by the manufacturer, the user shall engage directly with the manufacturer regarding the Recalls, etc., and COMPANY assumes no liability whatsoever in relation to Recalls, etc.

  

Article 26 (Contact Information and Notices)

  1. Notices regarding modifications to these Terms and any other communications from the COMPANY to users concerning the SERVICE shall be posted in a prominent location on the WEBSITE and may be sent by email or any other method deemed appropriate by the COMPANY.
  2. When the COMPANY sends notifications via email, the COMPANY’s notification(s) shall be deemed received at the time the email would normally be expected to arrive when sent to the user's registered email address.
  3. Inquiries regarding the SERVICE and other communications or notices from users to the COMPANY shall be submitted via the “Contact Us” form located in a prominent place on the WEBSITE or through other means specified by the COMPANY.


Article 27 (Prohibition of Transfer of Rights and Obligations)

Users may not transfer, assign, pledge, or otherwise modify or dispose of any right or obligation under this Service Agreement, the individual Transaction, or their contractual position in the use of the SERVICE without the prior written consent of the COMPANY.


Article 28 (Business Transfers)

If the COMPANY transfers the SERVICE business to another company, the COMPANY may transfer the contractual positions, rights, and obligations under the Service Agreement, as well as registration information and other user data related to the SERVICE. This transfer will be considered pre-approved by users under this clause. "Business transfer" in this clause includes a full succession due to a merger, acquisition, or divestiture, including instances where the COMPANY becomes an acquired or spun-off company.


Article 29 (Severability)

  1. Even if any provision of these Terms and Conditions, in whole or in part, is held to be void, invalid, or unenforceable by the Unfair Contract Terms Commission ("Consumer Contracts Act") or any other law or regulation, the remaining provisions of these Terms and Conditions and the remaining parts of any provision held to be partially void, invalid, or unenforceable shall remain in full force and effect. While striving to ensure results proportionate to the intent of the Terms and Conditions or the parts thereof that have been rendered void, invalid, or unenforceable, the COMPANY and users agree to be bound by revisions to these terms and services.
  2. Even if any provision or part thereof in these Terms and Conditions is held to be void, invalid, or unenforceable with respect to a particular user, its validity shall not be affected with respect to other users.

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Article 30 (Survival Clauses)

Articles 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, and 31, and clauses 4 and 5 of Article 2, clauses 2 and 3 of Articles 3 and 13, clauses 3 and 4 of Article 17, clauses 3 and 5 of Article 8, clauses 4 and 5 of Article 11, shall survive the termination of the service agreement or individual transaction

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Article 31 (Governing Law and Jurisdiction)

The SERVICE and these Terms of Use are governed by French law. Any dispute arising from or relating to the SERVICE or these Terms of Use shall be resolved by the competent court: the Commercial Court of Bordeaux, as the court of exclusive jurisdiction, depending on the amount in dispute.

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Intentional loss or damage to the goods by or due to gross negligence of the delivery company arranged by the COMPANY

Intentional loss or damage to goods, or loss or damage due to gross negligence of L'ENTREPRISE's delivery service, is covered under Section 12, Clause 6 of the Expdya Terms of Use (the "Terms"). This policy ("Policy") outlines the rights and obligations of users and L'ENTREPRISE in such cases (the "Matter").

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Section 1 (Company Measures)

If the goods are damaged or defective, the COMPANY will, at its discretion, reship the goods, refund the cost of the goods, or take other appropriate measures for the user.

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Section 2 (Reshipment of Goods)

If the goods are reshipped, the COMPANY will cover the reshipment costs, excluding customs duties.

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Section 3 (Refund of Merchandise Cost)

In the event of a refund, if the merchandise is lost or damaged during delivery intentionally by, or due to the gross negligence of, the COMPANY or its designated delivery service (Purchasing Agent), the COMPANY will reimburse the user for all or part of the total cost of the merchandise, including various fees and shipping costs. If this occurs for multiple items, various fees and shipping costs for each item will be calculated by dividing the total of various fees for all items by the number of items, and the purchasing agent fees paid by the user will also be reimbursed.

     

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Section 4 (Account Details for Refund)

In the event of a refund, the COMPANY will inform the user that the refund will be processed and will process the refund without delay after the user eligible for the refund has provided the COMPANY with bank account details, etc., for the refund.

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Article 5 (Refusal to Accept Refund)

If the user fails to respond within 14 days of the notification in the preceding section, despite notification from the COMPANY; if the bank account details, etc., designated by the user for the refund are incorrect; or if the refund is otherwise significantly difficult or impossible due to reasons outside the COMPANY's control, the COMPANY will consider the user to have refused the refund and will assume no responsibility for failure to effect the refund.


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Rédaction : Expdya by Epsylon

Date de mise à Jour : 13-01-2025