TERMS AND CONDITIONS OF SALES

Registration number: L07000044892
Head office: 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA
Phone: 866 - 374 - 9401
E-mail: customerservice@endosystems.us

Preamble

These general terms and conditions of sale (hereinafter referred to as "GTC") apply to all orders placed remotely by a buyer, who is a consumer domiciled in the United States of America from the seller Endo-Systems (hereinafter "LPG AMERICA") for all the items offered on the website www.wellbox.us (hereinafter referred to as the "Website").

Consumer means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.

The GTC are systematically offered to the buyer when placing an order and are available throughout the navigation on the Website. The applicable GTC are those in force on the day of validation of the order. Consequently, the fact of placing an order implies the buyer's full acceptance, without reservation, of the conditions defined in these GTC, without however this acceptance being conditioned by a handwritten signature on the part of the buyer. It is also specified that the buyer is authorized to save or print the GTC.

The products are offered for sale in the geographical territory of the United States of America.

ARTICLE 1 – PRODUCTS

        1.1. The buyer may, prior to his online order, take note on the Website of the essential characteristics of the product(s) he wishes to order.
        1.2. The products presented on the Website are valid within the limits of available stocks and subject to their availability.
        1.3. The buyer is informed that this website is not intended to provide medical and/or paramedical advice. All the information presented on the Website is purely indicative. LPG AMERICA does not guarantee that the information accessible via its Website is complete and up to date. This information, which is not exhaustive, does not constitute advice of any kind whatsoever, and cannot be dispensed with from the advice of a professional. This information is subject to change at any time and without notice.
1.4. LPG AMERICA reserves the right to modify the products available for sale on the Website at any time.

ARTICLE 2 – PRICE

2.1. The prices that are guaranteed to the buyer are those displayed on the Website at the time the order is placed by the buyer. However, prices may be changed at any time by LPG AMERICA. These changes will be notified to the buyer before any order on the Website.
2.2. The prices indicated on the Website are indicated in dollars, including VAT.
2.3. The prices indicated do not include shipping costs which will be invoiced in addition to the price of the products purchased.
These costs are specified in the summary before the registration and validation of the order by the buyer.


ARTICLE 3 - ORDER TAKING

3.1. Any order assumes the buyer's unreserved acceptance of these GTC. The buyer will be asked to validate them during the last stage of his order on the Website.
3.2. The buyer chooses the exact product by adding it to the cart. The cart constitutes the buyer's order form and the latter has the possibility of verifying proud and modify the details of his order at any time in the " Cart" tab.
3.3. Once the order is complete, a summary will be displayed and the buyer will have the possibility to modify his order or to validate it. Once the order has been validated, the buyer will enter the information necessary for invoicing and delivery of the items. The information provided by the buyer is binding on him. In the event of an error in the wording of the delivery details, the Website and LPG AMERICA company cannot be held responsible for the impossibility of delivering the item(s).

ARTICLE 4 – PAYMENT

4.1. Payment of the full price is due upon order. By validating his order, the buyer acknowledges that it is an order with payment obligation.
4.2. Payment is made via the Adyen platform using one of the following payment methods:
• In one go by bank card (eg Carte Bleue, Visa, Master Card, American Express, etc.);
• In three or four installments free of charge using the "ONEY" split payment solution (subject to acceptance of the file by Adyen and Oney).
4.3. Once the payment has been made, the buyer's order will be automatically validated and will constitute an irrevocable commitment on his part which can only be called into question in the cases strictly provided for by law and provided for by these GTC.

 ARTICLE 5 - ORDER CONFIRMATION

5.1. The confirmation of the buyer's order sent by LPG AMERICA is sent by e-mail to the e-mail address provided by the buyer during his order on the Website. LPG AMERICA cannot under any circumstances be held liable for errors in the transmission of this address by the buyer.
5.2. LPG AMERICA reserves the right not to confirm an order for any reason whatsoever (in particular in the event of a problem concerning the order received or a problem with the supply of items).
LPG AMERICA will inform the buyer of the cancellation of his order as soon as possible.
5.3. LPG AMERICA retains the writing which establishes the contract concluded between itself and the buyer by electronic means for a period running from the conclusion of the contract until the date of delivery and for a period of 10 years from this date.
However, LPG AMERICA recommends that the buyer files the order confirmation sent by LPG AMERICA on paper or computer.

ARTICLE 6 - DELIVERY TIMES

6.1. The deliveries will be made to the address indicated by the buyer during his order on the Website.
If the buyer wishes to be delivered to a friend, a neighbor, at his place of work, he will have to specify this when ordering by clearly indicating his delivery address.
6.2. The delivery of the buyer's orders will be made by the carrier chosen by LPG AMERICA. Delivery is made by direct delivery of the product to the recipient specified by the buyer, with, for each delivery, the signature of an acknowledgment of receipt by the identified recipient. The recipient must, in all cases, ensure the contents and the good condition of the contents of the package before signing the delivery note. Any dispute concerning transport (in particular, without this list being exhaustive, breakage, damage, damaged packaging, etc.) must be systematically reported by the buyer on the delivery note within twenty-four (24) hours to the carrier.
This written statement from the carrier is mandatory for any request for exchange or refund.
6.3. Delivery times are indicated on the product sheet.
6.4. LPG AMERICA undertakes to deliver orders placed by the buyer within the limits of its available stocks. Consequently, in the event of unavailability of one of the products offered on its Website, the buyer will be informed, when placing his order, and the sale cannot be made.
However, despite the care that LPG AMERICA takes in the management of its stocks and the means implemented for this purpose, errors may, at exceptional, be mentioned on the state of its stocks. In this case, LPG AMERICA will inform the buyer, by e-mail, of the unavailability of the product(s) concerned, as soon as possible.
The product will then not be invoiced or debited by LPG AMERICA, and the buyer will be invited to renew his order later. In the event of an order for several different items on the Website, only the products in stock will be invoiced and debited by LPG AMERICA, and will be delivered to the buyer.
6.5. LPG AMERICA is responsible for the items sold until their delivery.
However, LPG AMERICA (as a professional) may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
6.6. Any risk of loss or damage to the products is transferred to the buyer when the latter or a third party designated by him, and other than the carrier offered by LPG AMERICA, takes physical possession of these products.

ARTICLE 7 - WARRANTY – AFTER-SALES SERVICE

7.1. General provisions

i) LPG AMERICA is bound by the two (2) year guarantee of conformity the two (2) year guarantee relating to defects of the thing sold.

The buyer may make his request under these two guarantees to the following address: 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA.

ii) The lack of conformity is presumed to exist at the time of sale (more precisely the delivery of the product) if it appears within 24 months of delivery.

7.2. Warranty on WELLBOX® devices

LPG AMERICA warrants that the product is, at the time of its original purchase, free from defects in material, design and workmanship subject to the following terms and conditions:

(i.) The warranty is given to the buyer. It does not in any way limit the rights of the buyer according to the mandatory provisions of the applicable national law.

(ii.) The warranty is valid provided that the buyer provides the original proof of purchase with the product, in particular invoice, receipt, receipt, warranty certificate issued by LPG AMERICA accompanied by the receipt, proof of payment by credit card if the purchase was made online. The proof of purchase must contain the date of purchase, the express designation of the Product and, where applicable, the serial number. LPG AMERICA reserves the right to refuse the guarantee free of charge in the event that the documents mentioned above cannot be presented or the information they must contain proves to be incomplete or illegible.

(iii.) The warranty is valid only in case of private use of the product. It is excluded in the event of professional use or if the product has been rented on a commercial basis.

(iv.) The warranty period is a maximum of two (2) years from the delivery of the WELLBOX® device to the buyer.

The warranty period may be extended by a commercial warranty of up to four (4) years if the buyer chooses the warranty extension option when purchasing their new WELLBOX® device from LPG AMERICA.

(v.) During the warranty period, LPG AMERICA will repair or replace free of charge, at its sole option and within the limits of available stocks, the defective product. LPG AMERICA will return the repaired product or another product in good working order to the buyer. All parts or other materials which have been exchanged shall become the property of LPG AMERICA.

(vi.) The warranty applies to defects arising from use of the product in accordance with the user manual.
It does not cover maintenance or repair or replacement of parts due to normal wear or aging of the product. In addition, the warranty does not apply in particular when:
a) the defect has been caused by the fact that the product has been subjected: to use contrary to the user manual, to rough treatment, to exposure to excessive humidity, to thermal conditions or to extreme environments or rapid changes in these conditions, exposure to corrosion, oxidation, unauthorized modifications or connections, repairs carried out by unauthorized repairers or by the buyer himself, to repairs carried out with unauthorized spare parts, to misuse, to the wrong type of power supply, to non-compliance with the assembly instructions, to incorrect installation, to an accident, to the forces of the nature, contact with liquids, the action of chemicals and any other acts reasonably beyond the control of LPG AMERICA; To be used exclusively on dry and clean skin. Do not use liquid and/or cream with the WELLBOX® device.
b) the serial number of the product or any other identification number has been removed, erased, defaced, altered or is no longer legible;
b) the defect results from the fact that the product has been used with an accessory which is not manufactured or supplied by LPG AMERICA.

(vii.) The buyer agrees to return the product in its original packaging. LPG AMERICA assumes no liability in the event of damage to the product due to transport in ns improper packaging. LPG AMERICA reserves the right to request a fixed contribution from the buyer for the cost of sending the product.

(viii.) The warranty constitutes Buyer's sole and exclusive remedy against LPG AMERICA and LPG AMERICA's sole and exclusive liability to Buyer for defects in the Product. The warranty is in lieu of any other warranty or liability, whether oral, written, statutory (insofar as not mandatory), contractual, tort or otherwise. LPG AMERICA is not liable for incidental, consequential or indirect damages or costs. Any modification of the warranty requires the prior written consent of LPG AMERICA.

 (ix.) The buyer is informed that the spare parts essential for the use of the WELLBOX device are available on the market for a period of three ( 3 years.

(x.) If, during the two years following the purchase from LPG AMERICA, the Device is repaired under the guarantee of conformity, the buyer will benefit from an additional six (6) months of guarantee. If the Device is exchanged, the guarantee of conformity from which the buyer benefits will be extended by two (2) years.

7.3. Warranty for other products sold on the Website

All our products are guaranteed against any manufacturing defect. Defective products must imperatively be returned at the buyer's expense for examination in order to determine the validity of the claim. To be able to benefit from the guarantee of the products, it is advisable to keep the purchase invoice of the product. In case of proven defect(s), the product will be refunded or exchanged to the buyer according to his request and the available stocks. If a refund is to be made, it will be made within thirty (30) days of receipt of the buyer's return. The return costs can then be reimbursed on receipt.
The buyer automatically benefits from the guarantee for hidden defects.

ARTICLE 8 -RIGHT OF WITHDRAWAL

8.1. The buyer has a period of fourteen (14) clear days from receipt of his products to exercise his right of withdrawal from LPG AMERICA without having to justify reasons or pay penalty, with the exception, where applicable, of return costs (which are the responsibility of the buyer).
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

In the event of an order for several products, the withdrawal period will run from the receipt of the last product.

The buyer may exercise his right of withdrawal by:

- completing an online withdrawal form on the Website, OR
- downloading a withdrawal form on this same page and returning it by registered letter with acknowledgment of receipt (at the buyer's expense) to LPG AMERICA at the address: Endo-Systems, LLC 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA, OR
- contacting LPG AMERICA by e-mail: customerservice@endosystems.us

LPG AMERICA will acknowledge receipt of the buyer's request to exercise his right of withdrawal by e-mail, as soon as possible.

The buyer has a period of fourteen (14) days from his unequivocal notification of withdrawal to return, at his expense, the goods to LPG AMERICA at the address: Endo-Systems, LLC 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA.

Failing to return the product(s) within this period, the buyer will be deemed to waive this right of withdrawal.
LPG AMERICA does not accept parcels sent postage due or cash on delivery.

In order to avoid any dispute, it is recommended that the buyer who exercises his right of withdrawal return the product(s) in conditions similar to those of the initial shipment, with a declared value corresponding to the price of the initial order, as well as to keep any proof of its sending until the complete refund of its order.


8.2. When the right of withdrawal is exercised by the buyer, LPG AMERICA undertakes to reimburse the buyer for all sums paid (including the standard one-way delivery costs), as soon as possible and at the latest within fourteen (14 ) days from the date on which the buyer informed LPG AMERICA of its intention to withdraw, provided however that LPG AMERICA has collected the product(s) or that the buyer has provided LPG AMERICA with proof of shipment of the product(s).
LPG AMERICA is not required to reimburse the additional costs if the buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by LPG AMERICA.
This refund is made by the same means of payment as that used by the buyer to pay for his purchase, unless expressly authorized by the buyer to reimburse it by another means provided that this does not entail additional costs for the buyer.
The WELLBOX® devices returned by the buyer must not have been used (for hygiene reasons), nor have suffered any deterioration, however slight, and be in a perfectly clean state.

The buyer is informed that there is no right of withdrawal for cosmetic products, food supplements, LPG ® teas, WELLBOX® cleaning wipes and WELLBOX® accessories, which have been unsealed or if their packaging is damaged, or if they were opened by the buyer. Indeed, the opening of these products making them unsuitable for any subsequent marketing, in this case they cannot be refunded, taken back or exchanged, for reasons of hygiene and health protection.

ARTICLE 9 – PERSONAL DATA

9.1. The buyer is informed that his personal data collected by LPG AMERICA when ordering on the Website (surname, first name, postal address, e-mail address, telephone number, bank details), are processed by automated or non-automated means (if this personal data is contained or called to appear in a file).

The personal information concerning the buyer is intended for LPG AMERICA and its subcontractors.
These data will be kept for the duration necessary for the operations for the purposes for which they were collected and three years after the end of the contractual relationship or the last contact.
Subject to its prior consent, the information transmitted to LPG AMERICA directly by the buyer following any order placed on the Website may be reused by LPG AMERICA and/or its business partners for commercial prospecting purposes. The buyer may reconsider his agreement and withdraw his consent at any time.

9.2. In the case of online payment, the Website uses the Adyen secure payment system to guarantee maximum security for its customers. This system is secure and reliable for transactions made on the Internet.
When paying by credit card, the buyer leaves the Website and accesses the Adyen platform via the secure https protocol. Only the bank details of the buyer necessary for the completion of the transaction are collected, namely the name of the holder, the number and the expiry date of the bank card, as well as the visual cryptogram. This information is then only provided to the Adyen system. LPG AMERICA SYSTEMS does not have access to it at any time. The transfer of information is perfectly protected by encryption.
The buyer's bank details are only kept:
• in the event of a single payment until expiry of the withdrawal period
• in the event of payment in installments until full collection by LPG AMERICA of the sums due.

9.3. The buyer has the right to opposition, limitation, access, rectification, portability, deletion of data concerning him.
If the information processed is incorrect or incomplete, the buyer may request that it be corrected, completed or deleted by contacting the service whose address is indicated above.
The buyer may also make known his instructions concerning the manner in which he intends to exercise his rights after his death.
If the buyer's telephone number is collected by LPG AMERICA, for example in the context of a sales contract on the Website, the buyer may ask LPG AMERICA to have his telephone number added to an opposition list, in order to not to be the subject of telephone commercial prospecting.

To exercise his rights, the buyer can make a request by:
- the “Contact” section of the Website;
- e-mail to the e-mail address : customerservice@endosystems.us
- mail to the postal address: ENDO-SYSTEMS LLC, 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA
A response will then be sent within a maximum period of one (1) month following receipt of the request.
The buyer also has the possibility of lodging a complaint with an competing authority.

ARTICLE 10 – APPLICABLE LAW AND COMPETENT JURISDICTION

10.1. These GTC are subject to the laws of Florida which shall be solely applicable.

10.2. Any complaints may be sent in writing to LPG AMERICA at the address: ENDO-SYSTEMS LLC, 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA.

In the absence of an amicable solution, the buyer may have free recourse to a mediation procedure (unless he wishes to call on a lawyer) or any other alternative method of dispute resolution.

MEDIATION IS NOT BINDING ON THE PARTIES, WHO REMAIN FREE TO SUBMIT THEIR DISPUTE TO THE COMPETENT COURTS IN ACCORDANCE WITH THE RULES LAID DOWN BY THE FLORIDA LAWS.

ARTICLE 11 – MISCELLANEOUS

11.1. The buyer who would like to place an order on the Website declares to have full legal capacity. However, any purchase made on the Website by a person under legal incapacity will then be under the responsibility of his legal representative.

11.2. If one or more provisions of these GTC are held to be invalid, illegal or void or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions of the GTC will retain all their force and scope.

11.3. LPG AMERICA provides the buyer with Customer Service to answer all questions and comments that the latter may have when using the Website, and also to provide appropriate advice on the sale of products. available on the Website.
Customer Service can be contacted:
• By e-mail: “contact us” section or at customerservice@endosystems.us
• By phone: 866 - 374 - 9401
• By mail: ENDO-SYSTEMS LLC, 2966 Northwest 60 Street, Fort Lauderdale, FL 33309, USA


Version in force on 2023-10-26