Terms and Conditions of Sale

General Terms and Conditions of Sale (GTC) – EPICIANE

Online sales on www.epiciane.fr

These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into between:

EPICIANE SRL
Route d’Obourg 21 D2, 7000 Mons, Belgium
VAT: BE0794.700.313
Email: [email protected]
Phone: +32 495 24 79 53
(hereinafter “EPICIANE” or the “Seller”)

and

any person browsing or placing an order via www.epiciane.fr (hereinafter the “Customer”).

Article 1 – Purpose and scope

These GTC set out the conditions under which EPICIANE sells products displayed on the website to the Customer, as part of a distance sale.

These GTC apply to any order placed via the website. They prevail over any other terms unless expressly agreed in writing by EPICIANE.

Eligibility: the Customer declares they are of legal age and have the legal capacity to enter into a contract.

Article 2 – Acceptance and enforceability

Before confirming an order, the Customer acknowledges having read and accepted these GTC without reservation.

EPICIANE may amend these GTC at any time. The applicable version is the one in force at the time the order is placed.

Article 3 – Products, information and availability

The products offered are those displayed on the website at the time of the order, subject to availability.

Each product is described on its product page (name, composition, characteristics, price).

Photos are as accurate as possible but are not contractual (possible variations in colour/presentation).

Article 4 – Prices

Prices are shown in euros. Unless otherwise stated, prices include VAT and exclude delivery costs.

Delivery costs (and, where applicable, free delivery conditions) are displayed before confirmation and payment.

EPICIANE reserves the right to change prices at any time; however, the price applicable is the one displayed at the time the order is confirmed.

Article 5 – Orders

5.1 Account creation / Customer information

To place an order, the Customer may be required to create an account (email + password). The Customer undertakes to provide accurate information (identity, addresses, phone, email).

The Customer is solely responsible for entry errors (address, email, product selection, etc.) and their consequences.

5.2 Validation

Before payment, an order summary allows the Customer to check and correct the order.

Final confirmation constitutes acceptance of the price, products and these GTC.

5.3 Confirmation

An order confirmation is sent by email. EPICIANE reserves the right to refuse an order for legitimate reasons (e.g. suspected fraud, unpaid incident, delivery impossibility, abnormal request, etc.).

Article 6 – Payment

Payment is due at the time of ordering.

Payment is made by bank card via a secure system (security protocol / payment provider). EPICIANE does not store bank card data.

An invoice may be provided upon request and/or accessible via the customer account depending on the website configuration.

Article 7 – Retention of title

Products remain the property of EPICIANE until full payment has been received (price + any delivery costs).

Article 8 – Delivery

8.1 Areas and delivery methods

Delivery is available only within the geographical areas displayed on the website at the time of ordering.

Shipping is carried out via the carriers offered on the website (e.g. Mondial Relay, postal services, etc.), according to the options available at the time of ordering.

8.2 Timeframes

EPICIANE generally prepares orders within an indicative timeframe (e.g. 48 business hours) from order confirmation, excluding peak periods, carrier disruptions, force majeure, or special cases (out of stock, control, etc.).

Exact delivery times depend on the carrier and the option selected.

8.3 Delivery costs

Delivery costs are calculated automatically according to destination, weight/volume and the selected option. They are displayed before payment and on the invoice.

8.4 Transfer of risk

For sales to consumers, the risk of loss or damage is transferred when the Customer (or a third party designated by them, other than the carrier) physically takes possession of the products.

Exception: if the Customer appoints a carrier not offered by EPICIANE, the risk may be transferred when the products are handed over to that carrier appointed by the Customer.

Article 9 – Receipt, notes and delivery issues

The Customer (or recipient) must check the condition of the parcel upon delivery.

In case of visible damage (damaged or opened parcel, missing item, broken product):

  • the Customer should, where possible, make notes/reservations with the carrier (and take photos),
  • and contact EPICIANE as soon as possible at: [email protected].

EPICIANE will seek a solution (reshipment, refund, goodwill gesture, etc.) depending on the situation, after reviewing the evidence (photos, tracking, declaration).

Article 10 – Right of withdrawal (consumers)

10.1 Period

In accordance with regulations, the consumer Customer has 14 days from receipt of the products to notify their decision to withdraw, without having to provide reasons.

After notification, the Customer has an additional 14 days to return the products.

10.2 Exceptions (non-eligible products)

The right of withdrawal does not apply in particular:

  • to goods that are liable to deteriorate or expire quickly,
  • to sealed goods that are not suitable for return for health protection or hygiene reasons, if they have been unsealed after delivery,
  • and more generally to exceptions provided by applicable regulations.

Practical consequence for EPICIANE (spices/food products):
Food products that are opened/unsealed cannot be returned. Food products that are unopened and in perfect condition, in their intact original packaging, may be returned if no legal exception prevents it.

10.3 How to exercise the right of withdrawal

The Customer informs EPICIANE of their decision:

The Customer may use the model form in Annex 1.

10.4 Refund

EPICIANE refunds the amounts paid (product price and, where applicable, standard delivery costs) within 14 days from notification, which may be withheld until the products are received back or proof of dispatch is provided.

The refund is made using the same payment method, unless otherwise agreed.

10.5 Return shipping costs

In case of withdrawal, return shipping costs are borne by the Customer.

Article 11 – Returns, non-conformity, hidden defects, customer service

In case of non-conforming product, picking error, missing item, or suspected defect, the Customer must contact EPICIANE before any return at: [email protected].

If a return is accepted, products must be:

  • in the condition in which they were delivered,
  • unopened, in the original packaging (or in a new, sturdy, properly sealed package if the original packaging is damaged),
  • accompanied by useful information: order number, invoice or confirmation email, and if possible the delivery note,
  • with the Customer keeping proof of dispatch.

EPICIANE will provide the return procedure and address on a case-by-case basis.

Article 12 – Legal warranty (consumers)

Consumers benefit from a legal warranty of conformity applicable to consumer goods (generally 2 years from delivery, according to the rules in force).

In the event of a covered defect, the Customer may request, under the legal conditions:

  • repair or replacement (if applicable),
  • or a price reduction / refund in the cases provided by law.

EPICIANE invites the Customer to contact customer service at [email protected], describing the issue and attaching photos if useful.

Article 13 – Liability

The Customer is responsible for selecting products and for their storage (especially food products) and use.

EPICIANE cannot be held liable in case of misuse, improper storage, or failure to follow precautions indicated.

EPICIANE is not liable for indirect damages (loss of profit, loss of opportunity, etc.) within the limits permitted by law.

Article 14 – Force majeure

Neither party shall be liable for non-performance due to a force majeure event (disaster, strike, transport disruption, war, pandemic, etc.).

EPICIANE will inform the Customer and propose a solution (wait, cancellation, refund depending on the case).

Article 15 – Intellectual property

All website content (texts, photos, graphics, logos, etc.) is the property of EPICIANE or its partners and is protected. Any unauthorised reproduction is prohibited.

Article 16 – Personal data

EPICIANE processes personal data in accordance with the GDPR and its privacy policy.

The Customer has rights (access, rectification, objection, erasure, restriction) which can be exercised at: [email protected].

Article 17 – Evidence, archiving

Computer records (orders, payments, emails) constitute proof of transactions, unless proven otherwise.

Article 18 – Disputes, applicable law, jurisdiction

These GTC are governed by Belgian law, without depriving the consumer of any mandatory protections that may apply in their country of residence within the EU.

In case of a dispute, the Customer is invited to contact EPICIANE first at [email protected] to seek an amicable solution.

Mediation / out-of-court dispute resolution

The consumer may also use an out-of-court dispute resolution body, including:

Consumer Mediation Service (Belgium)
Boulevard du Roi Albert II 8 bte 1, 1000 Brussels

Jurisdiction

  • Business customers (B2B): failing amicable settlement, the competent courts of Mons (Belgium) shall have jurisdiction.
  • Consumers (B2C): consumer-protective jurisdiction rules apply.

Note: as the European ODR platform is closed, EPICIANE does not refer to it.

Article 19 – Legal notice

EPICIANE SRL – Route d’Obourg 21 D2 – 7000 Mons – Belgium
VAT: BE0794.700.313
Email: [email protected]
Phone: +32 495 24 79 53

Annex 1 – Model withdrawal form

(Complete and send only if you wish to withdraw from the contract)

For the attention of EPICIANE SRL – Route d’Obourg 21 D2 – 7000 Mons – Belgium
or by email: [email protected]

I/We (*) hereby notify you of my/our (*) withdrawal from the contract of sale for the following goods:

  • Order no.:
  • Ordered on (*) / received on (*):
  • Name of consumer(s):
  • Address of consumer(s):

Signature (only if this form is notified on paper):

Date:

(*) Delete as appropriate.