Terms of Sale and Legal Notice

Terms of Sale and Legal Notice

 I GENERAL CONDITIONS OF SALE

1 - Scope

Any order implies acceptance by the Customer of all of these general conditions of sale. The fact that the Seller deviates from any of the clauses of these general conditions for a specific operation cannot be subsequently interpreted as a waiver of the benefit of this clause. These general conditions of sale govern sales between the Seller and the Customer, which implies unreserved acceptance of these conditions.

2 - Contractual documents

The information provided by the Seller's website or by the descriptive sheets in the catalog are the essential characteristics communicated by the suppliers.

3 – Orders – Formation of the contract

In the case of an order placed on the website, the Customer then undertakes to respect these general conditions of sale. The secure platform "Shopify", one of the leading e-commerce CMS on the market, does not allow you to add a checkbox "I accept the general conditions of sale" so these are available at the bottom of each page of our site and also during the entire payment process at the bottom of the page and in particular below the payment validation button. The Seller reserves the right to request, before shipping the order, supporting documents such as an identity document (CNI, passport, etc.) and proof of domicile at the delivery and/or delivery address. billing (rent receipt, electricity bill, etc.). In the event of non-presentation of said documents, the Seller may be required to automatically cancel the order without notice.

4 - Price

The prices indicated on this site are inclusive of all taxes, shipping and packaging included.

For a B2B purchase with VAT-free invoicing, please contact us before placing the order.

5 - Payment

Payment for purchases is made either by bank cards (Visa, Eurocard – Mastercard, American Express or Aurore) or by Paypal. When making a payment, the Seller will only make delivery after confirmation of payment.

6 - Termination clause

In the case of a purchase by a company or an administration and in the event of non-payment, the sale will be canceled automatically and may give rise to the right to the allocation of damages and interest for the benefit of the Seller. The amount of these damages is established at the amount of the canceled sale.

7 - Guarantee

The products sold on the site www.acupeo.us benefit from the legal guarantee of conformity provided for by articles L.217-4 et seq. in the event of defects in conformity of the goods with the contract, and L 111-1 and R 111-1 of the Consumer Code and the legal guarantee against hidden defects affecting the products delivered and making them unfit for the use provided for by articles 1641 et seq. of the Civil Code in the event of hidden defects in the item sold.

The warranty applies to all physical products on the site, including:

  1. Acupeo massager
  2. TENS Electrodes Accessory

The warranty does not apply to the following products:

  1. Samples.
  2. Products purchased elsewhere than on the site www.acupeo.us.
  3. When the consumer acts under the legal guarantee of conformity, he benefits from a period of two (2) years from the delivery of the good to act; He can choose between repair or replacement of the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code (if none of these solutions is effective within one month from the date of the consumer's complaint, the latter may demand a refund.

The consumer is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods; When exercising the legal guarantee of conformity, no costs can be charged to the consumer; The legal guarantee of conformity applies independently of any commercial guarantee granted; The consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and in this case, he can choose between canceling the sale or reducing the sale price. in accordance with article 1644 of the civil code.

We strongly encourage you to check the quality of the products received upon receipt. If the product has any defects or has been damaged in transit, please contact us as soon as possible at contact@acupeo.us with photos and your order number. We will then do what is necessary to help you. If you delay in contacting us, it will be more difficult for us to confirm whether the problem you are experiencing is an original defect or whether it is the result of your use.

What will we do if a product is defective?

Acupeo will replace the product with a new product of the same model, at no cost to the buyer.

How long does this warranty last?

This warranty lasts two (2) years from the date of delivery. If the delivery date is not available, the warranty begins 7 days after the date of purchase.

What is not covered by this warranty?

This warranty does not cover problems/damage resulting from:

  1. Falls,
  2. Failed installations,
  3. Damage due to daily use,
  4. Intentional modifications to the product,
  5. Products sold by an unauthorized seller,
  6. Products not manufactured by Acupeo (counterfeit, etc.),
  7. Theft or loss of the product,
  8. Abnormal use of the product.

How to benefit from this guarantee?

To obtain what is due to you under our guarantee, it is IMPERATIVE to contact us at the email address contact@acupeo.us before anything else. You will need to provide valid proof of purchase as well as a minimum of two (2) photos so that we can better understand the situation and determine the best solution. We do not accept unannounced returns of damaged products.

Limitation of liability

This warranty only applies to the products listed above.
Do not confuse a massage device and medical treatment, these 2 concepts are by definition very different: a massage is non-medical and aims to soothe and relieve unlike a treatment which is medical and aims to cure (if possible) . By simple definition, the massage device as well as the massage method are non-pharmacological, they are not medical treatments. However, the massage device as well as the massage method provides very positive effects on the feeling of pain, including calming and relief, according to scientific and clinical studies. Even if the massage device and the massage method are not medical options and are non-pharmacological, the effects of the latter are recognized by professionals, scientists and users: thus the terms "soothe" and "relieve" are rightly used on our website.
According to the studies and testimonials we receive, the use of the massage device as well as the massage method can soothe and relieve but we cannot guarantee that it will definitely work for everyone. since many other reasons could explain why your pain could not be relieved, for example; His origin. Thus, the massage device, which is not a medical option, does not exempt you from the follow-up of a health professional who will be able to diagnose the origin of your pain and also prescribe treatment for healing if it exists.

8 - Returns & Exchanges

In accordance with the provisions of articles L221-18 et seq. of the Consumer Code, the Customer, a non-professional individual, has a period of fourteen (14) working days from receipt of the Product to exercise his right of withdrawal from the Seller. , without having to justify reasons or pay a penalty, with the exception of return costs, for the purpose of exchange or refund. And in accordance with the provisions of article L.221-18 to L.221-28 of the Consumer Code.

However, provided that the Products are returned in their original packaging and in perfect condition within at least fourteen (14) days following notification of the Customer's withdrawal decision to the Seller:

  • The product and its packaging must be in perfect condition.
  • The product must be in its original packaging.
  • If applicable, accessories must also be returned in perfect condition.
  • The electrodes must be unused.

Incomplete, worn, damaged or soiled products will not be refunded. The same applies to products in sealed packaging which have been opened according to the HAMON law in relation to products which cannot be returned for hygiene measures, in particular transcutaneous products intended to act through the skin since the latter can transmit diseases if sold to another customer.
The same goes for consumables unsealed from their sealed packaging, such as TENS electrodes, since the latter have a very limited lifespan and wear out after each use.

The right of withdrawal can be exercised:

  • By email to the address contact@acupeo.us;
  • Via the chat bubble available on the website www.acupeo.us
  • By withdrawal form (available in appendix 1)
  • On any other medium notified to the Seller's attention without ambiguity expressing the Customer's desire to withdraw while indicating the order number of the contract concerned.

For faster processing times, we strongly advise you to contact us on our website, since processing times by postal letter are much longer.

An acknowledgment of receipt will be communicated to the Customer by the Seller. This acknowledgment of receipt will specify the terms and conditions to be followed by the Customer.

The customer has fourteen (14) days from the communication of his decision to withdraw to return in perfect condition the goods which did not give satisfaction.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; Return costs are the responsibility of the consumer. In the event of a partial return, automatic reductions may be deducted from the refunded price (for example, automatic reduction of a screen protector when purchasing the case).

The exchange (subject to availability) or refund will be made within fourteen (14) days from the seller being informed of the withdrawal decision.

In the case of a refund, it will be issued using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to another means of payment which does not incur costs for the latter.

The transport of returned products is done under the responsibility of the Customer, consequently any damage suffered by a returned product defeats the right of withdrawal following what is specified in this article.

Since the Products can be returned by post due to their technical characteristics, it is the Customer's responsibility to contact the postal services in order to find out the amount of the return costs.

We advise the Customer to use a tracking number in order to be able to confirm the correct delivery of the return.

In order to facilitate this procedure, we also advise the Customer to indicate their order number and their first/last name in the return package. Otherwise, we may not be able to identify it.

9 - Deadlines & Transport

Once your order has been placed, Acupeo undertakes to send it within 1 working day subject to stock availability. This deadline may be extended during peak periods (promotions, end-of-year celebrations, etc.).

The maximum delivery time is 30 days from the day the order was placed. After this period, you can request a refund from us. This does not apply to orders containing a product currently being pre-ordered (indicated on the site before placing the order). In the case of an order containing a pre-ordered product, if the order has not yet been sent, you can request a refund at any time. Otherwise, the maximum delivery time is also 30 days from the date of dispatch.

We send orders Monday to Friday. Orders placed on Saturday, Sunday, or during public holidays will not be sent until the next business day. In the event of a stock shortage, Acupeo undertakes to restock the product as quickly as possible or to refund the order.

If your order contains a product temporarily unavailable for sale (pre-order, low stock, out of stock, etc.), the order will be put on hold until all products are available. You can contact us to send your order in two installments, but you will need to cover the additional shipping costs.

We strongly advise the customer to check at the time of delivery and before signing the delivery slip for any damage suffered during transport and compliance with the order. In this case the customer has the right to refuse delivery and to note his express reservations on the delivery note. If damage strictly linked to transport is noticed after the departure of the carrier, we invite the customer to report it to the latter.

In the event of a problem during delivery (damaged product, missing product, etc.), please keep everything you received (envelope, summary, invoice, etc.) in order to show us photos so that we can assist you. Failure to provide the required information will complicate any claim by you.

If the Customer makes an error in the destination address and a return mail is made by the carrier, the reshipping costs are the responsibility of the Customer. The name of the recipient must appear on the mailbox at the address indicated.

In the event of return of mail for "unclaimed package" reason, the package/mail will only be reshipped after receipt of the reshipping costs which must be borne by the Customer.

All orders placed on www.acupeo.us will receive a tracking number within a few days.

The deadlines below are strictly for information purposes and Acupeo cannot be held responsible for non-compliance with deadlines announced by third parties (carriers, La Poste, or any other subcontractor or supplier).

Estimated delivery time

The shipping time is 24 hours, then the estimated delivery time is between 2 and 5 working days.

Late delivery

If the order has not been delivered within 30 days from the date of dispatch of the order, and if this overrun is not linked to a case of force majeure, the Customer may proceed to the resolution of the sale by contacting us by email at contact@acupeo.us

The amounts paid by the Customer will then be fully refunded. If the Customer wishes, the Seller may return the package free of charge instead of making a refund.

The customer has a period of 70 working days from the date of shipment of the order to report non-receipt and request resolution of the sale and reimbursement of the items. After this period, no resolution of the sale will be accepted.

10 - Reservation of ownership

The transfer of ownership of the goods will only take place after full payment of the price by the Customer, regardless of the date of delivery of said products. Payment is only deemed acquired after total collection of the sums due. The transfer of risks of loss and deterioration of the Seller's products will be carried out upon taking possession/physical delivery of said products by the Customer.

11 - Force majeure

The Seller's liability cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. The latter is characterized by three criteria: exteriority in relation to the author, irresistibility and unpredictability.

12 - Competent court and mediation

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

For professional customers in the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Paris - France. For customers/consumers who are natural persons, the rules laid down by the code of civil procedure will be applied.

For consumer customers in the absence of an amicable resolution, the customer may resort to conventional mediation. This recourse is free, confidential and optional in accordance with articles L 612-1 et seq. of the Consumer Code. You can contact “The Consumer Mediation Center of Justice Conciliators” electronically: https://cm2c.net/ or by post: The Consumer Mediation Center of Justice Conciliators (CM2C) – 14 rue Saint Jean 75017 Paris - France. Proof of affiliation is available by clicking here.

13 - Customer service

For any questions or information, an email address is available to the Customer: contact@acupeo.us

14 – Personal data

The personal data requested from the Customer are necessary to process their order and prepare invoices. The Customer has, by writing to the address appearing at the top of this document, a right of modification, rectification, withdrawal and opposition with regard to the information concerning him, in accordance with the CNIL provisions.
When the customer transfers personal data to Acupeo, he accepts that Acupeo communicates them to its logistics partners (national or international) in order to carry out the contract. Under no circumstances will Acupeo transfer its data for commercial purposes.

Phone

Telephone numbers collected from www.acupeo.us are not used for telephone canvassing but only to facilitate delivery - article L.223-2 of the Consumer Code still requires us to inform you that you can subscribe to an opposition list by contacting us via our email contact@acupeo.us– this even if we do not use your number for canvassing but only to facilitate delivery.

15 - Miscellaneous

In the event that any of the clauses herein is declared contrary to the law or in any other way unenforceable, this clause will be modified or deleted without resulting in the nullity of all of these general conditions of sale.

 

II LEGAL NOTICES

1. Object

This document determines the conditions of use of this website owned by the company.
Any use of the site implies acceptance of this legal information.

2 - Collection of information

Under the Data Protection Act of January 6, 1978, ACUPEO undertakes not to communicate to third parties the customer's personal data which is only collected for the proper management of orders, deliveries and invoices.

The customer has the right to access, modify, rectify and delete information concerning him at any time. To exercise this right, all you need to do is:

  • either send an email to contact@acupeo.us ,
  • either to send a letter to the head office address,
  • or to log into your user account from the home page of the site www.acupeo.us.

Furthermore, this site does not collect the personal data of its customers invisibly.

3 - Property rights

All elements of the website are the property of the company, excluding partner elements. Consequently ACUPEO reserves the right to modify the information on the site at any time and without notice.

4 - Brands

The brands and logos appearing on the site are third party brands and must not be used for advertising purposes without the written consent of the brand owner.

5 - Links to third party websites

Links to other sites are provided solely for your convenience. By using these links, you leave the ACUPEO site. Not being responsible for the content of these third-party sites, ACUPEO declines all consequences of their use. Access to these sites is under the entire responsibility of the user.

6 - Identification of the site publisher

The website www.Acupeo.us and the registered trademark “Acupeo” are operated and published by the French company “EURL DIGITAL COMMERCE” whose head office is located at: 66 avenue des Champs Élysées – 75008 PARIS - France - RCS: Paris B 882040629 - With a share capital of €1000 - The company can be reached via the email address contact@acupeo.us- Secure and encrypted IT hosting of the website www.acupeo.us is provided by the company Shopify Inc whose head office is located at 126 York St. Ottawa, ON K1N 5T5, in Canada. The host can be reached via the telephone number 1-888-746-7439.

7 - Responsibility

ACUPEO disengages from any legal or illicit use of the data provided by the site.

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Appendix 1: Withdrawal form

To be sent by email to contact@acupeo.us , or to the company address available in "II LEGAL NOTICES - 6 - Identification of the site publisher". For much faster processing, we recommend contacting you by email.

I hereby notify you of my withdrawal from the contract relating to the sale of the property below: ………………………………………………………………..

Order number : ……………………………………

Received on: …………………………………………………..

Client name : ………………………………………..

Customer address: ……………………………………..

Client's signature : ………………………………….

Date : ……………………………………