Mention légales

General Terms and Conditions of Sale (GTC) – HYPHEA

1. Purpose

The company HYPHEA offers the sale of dietary supplements made from mushrooms (the “Products”) to individuals (the “Buyers”), available for purchase on the website www.hyphea.fr (the “Site”).
It can be contacted at its registered office:

1 avenue de l’Europe
Building E Campus 1
31400 TOULOUSE
Tel: 05-62-19-22-30
contact@hyphea.fr

These general terms and conditions (the “General Terms and Conditions”) are intended to define the terms and conditions of online sales and delivery of the Products, as well as the rights and obligations of the parties.
They are accessible and printable at any time via a direct link at the bottom of the Site’s pages.
The General Terms and Conditions prevail over any other general or specific conditions not expressly approved by HYPHEA.
They may, where applicable, be supplemented by specific terms of use applicable to certain Products offered on the Site, which supplement the General Terms and Conditions and, in case of conflict, take precedence over them.

2. Legal Capacity and Acceptance of the General Terms and Conditions

A. Legal capacity

The Site is accessible to any natural person with full legal capacity to commit under the General Terms and Conditions. A person who does not have full legal capacity may only access the Site with the consent of their legal representative.

B. Acceptance of the General Terms and Conditions

The Buyer’s acceptance of the General Terms and Conditions is evidenced by checking a box in the order form. This acceptance can only be full and unconditional. Any acceptance subject to conditions shall be considered null and void.
A Buyer who does not agree to be bound by the General Terms and Conditions must not place an order on the Site.

C. Registration on the Site

  1. Placing an order on the Site requires the Buyer to register.
    When the Buyer places an order and provides the required mandatory information, a customer account (the “Account”) is automatically created in the Buyer’s name, enabling them to manage their purchases in a form and using technical means deemed most appropriate by HYPHEA.
    The Buyer guarantees that all information provided is accurate, up to date, truthful, and not misleading.
    They undertake to update this information in their Account in the event of changes (particularly in the event of a change of postal address) so that it always meets the above criteria.
    The Buyer is informed and accepts that the information entered for creating or updating their Account serves as proof of their identity. The information entered by the Buyer is binding upon validation.

  2. The Buyer may access their Account at any time after logging in with their username and password.
    The Buyer undertakes to use their Account personally and not to allow any third party to use it in their place or on their behalf, except at their full responsibility.
    They are responsible for maintaining the confidentiality of their username and password, with any access to the Site using them being deemed carried out by the Buyer. The Buyer must immediately contact HYPHEA at the contact details indicated in the header of these General Terms and Conditions if they notice that their Account has been used without their knowledge. HYPHEA reserves the right to take any appropriate measures in such a case.

D. Product Characteristics

Before placing an online order, and in particular under Article L111-1 of the French Consumer Code, the Buyer may consult the characteristics of each Product they wish to order on the Site.
Products are offered for sale online subject to availability.

E. Orders

1) Placing an order
To place an order, the Buyer must select the Product(s) of their choice and place them in their shopping cart.
They may access the summary of their cart at any time before final validation of the order and may correct any errors in the entered information.
The order is deemed received by HYPHEA once it is accessible to HYPHEA.

As part of the order, the Buyer is invited to provide their delivery and billing details. They must complete all required fields in the provided form. Orders that do not include all required information cannot be validated.
The Buyer guarantees that all information provided in the order form is accurate, up to date, truthful, and not misleading.
They are informed and accept that this information constitutes proof of their identity and binds them upon validation.

2) Order confirmation
Once the order is placed, the Buyer receives a confirmation email which:

  • Summarizes the elements of the order,

  • Includes the General Terms and Conditions in force on the day of the order,

  • Includes the invoice corresponding to the order.

The Buyer must ensure that the contact details provided are correct and enable receipt of the order confirmation email. If not received, the Buyer must contact HYPHEA using the contact details indicated in the header of these General Terms and Conditions.
HYPHEA recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed received by the Buyer once it becomes accessible.

F. Prices and Payment Terms

1) Prices
The sales prices of the Products are displayed on the Site.
They are indicated in euros, including all taxes (French VAT and any other applicable taxes).
HYPHEA reserves the right, at its sole discretion and under terms it alone determines, to offer promotional offers or price reductions.

Prices do not include delivery charges, which may apply in addition to the Product price. The applicable delivery charges will be indicated before the Buyer validates the order.
The applicable price is the one displayed on the Site at the time of the Buyer’s order registration.

In French overseas departments and territories (DOM-TOM), customs duties or local taxes may be due and invoiced upon receipt of the package by the Buyer, in addition to the price paid to HYPHEA. These duties and taxes, the exact amount of which HYPHEA cannot determine in advance and therefore cannot inform the Buyer prior to the order, remain the Buyer’s responsibility. The Buyer alone is responsible for completing any related declarations and/or formalities.

2) Payment terms, delays, and defaults
The full price of the Products is payable upon ordering.
Payment may be made online:

  • By bank card, through the secure online payment service indicated on the Site,

  • Or by any other means offered on the Site at the time of ordering.

The Buyer guarantees HYPHEA that they have the necessary authorizations to use the chosen payment method.

HYPHEA reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any sum due by the Buyer, in case of a payment incident, or in case of fraud or attempted fraud related to the use of the Site.

Penalties equal to 1.5 times the French legal interest rate will automatically apply to unpaid amounts as of the first presentation of a formal notice by registered letter with acknowledgment of receipt.

G. Retention of Title

HYPHEA retains full ownership of the Products sold until full payment has been received, including delivery charges.

H. Delivery

1) Our Partners
HYPHEA works with Mondial Relay and Colissimo, at the Buyer’s choice.

2) Delivery address
Once the order is received by HYPHEA, the Buyer can no longer modify the delivery address. Any modification requested after the order may therefore be invoiced by HYPHEA for the related costs.

3) Delivery territories
Unless otherwise stated on the Site, Products are delivered only to the countries available on the Site.
Products will be delivered to the address indicated by the Buyer at the time of order as the “delivery address” (which may differ from the billing address), provided it falls within the delivery territory and is not incorrect.

4) Delivery methods
Different delivery methods are available depending on the delivery territory. These are specified on the Site at the time of order validation, on the payment page.
The Buyer is informed, before validating the order, of the possible delivery methods for the selected Product, as well as an estimated timeframe and the corresponding costs for each method.
The Buyer must select the desired delivery method and provide all necessary information to enable effective delivery.
HYPHEA reserves the right to modify available delivery methods at any time.

5) Delivery times
For information purposes, an estimated delivery time is provided to the Buyer. This timeframe is not contractual.
HYPHEA cannot be held responsible for exceeding this estimated timeframe, as it depends on carrier-imposed deadlines. No refund or compensation may be claimed for this reason, unless otherwise provided by law or in the event of proven fault attributable to HYPHEA.

If delivery is delayed by more than seven (7) business days for France, twelve (12) business days for Europe, or fourteen (14) business days for other international destinations (calculated from the shipping date), a new Product may be reshipped to the Buyer, subject to prior case analysis and express validation by the HYPHEA team.

For orders including several items, HYPHEA reserves the right to split shipments. In this case, delivery costs will only be charged once.

6) Delivery Failures, Returns, Claims, and Associated Costs

a) Failure to collect, refusal of delivery, or incorrect address
In the case of delivery to a pickup point, the Buyer must collect the package within the timeframe indicated by the carrier. Failing this, the package will automatically be returned to HYPHEA.

The same applies in cases of delivery refusal by the Buyer, or failed delivery due to an incomplete, incorrect, inaccessible address, or repeated absence during a home delivery attempt.

In such situations:

  • The Buyer must contact customer service to request, at their choice, either a new shipment (at their own expense) or a partial refund;

  • In the event of a refund, HYPHEA will deduct a flat fee of six euros and ninety cents (€6.90) corresponding to the logistical costs incurred.

The Buyer has a period of twenty (20) calendar days from the date the package is returned to HYPHEA to contact customer service.
After this period, the order may be considered abandoned and will not give rise to any refund or reshipment, except in exceptional cases at HYPHEA’s discretion.

b) Package marked as delivered but not received
If a package is marked as “delivered” by the carrier but was not received by the Buyer, the Buyer has a period of twenty (20) calendar days from the indicated delivery date to contact customer service.
Beyond this period, no claim will be accepted.

c) Missing, damaged, or non-compliant Products
If the Buyer finds, upon receipt of their order, that the package is damaged, incomplete, or does not match their order, they must inform HYPHEA within four (4) business days from receipt of the package.

The claim must be accompanied by supporting photos showing the non-compliance, which must include:

  • A photo of the outside of the package (with the packaging visible),

  • A photo of the inside of the package,

  • A photo of the shipping label,

  • A photo of any visible damage, if applicable,

  • A photo of the label affixed to the relevant Product(s), enabling identification of the affected Product(s).

After this 4-business-day period, HYPHEA does not guarantee that the claim will be processed, as recourse with carriers will no longer be possible. Claims submitted after this deadline may nevertheless be reviewed on a case-by-case basis, without obligation for HYPHEA.

I. Right of Withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for certain products, notably:

  • Products opened or unsealed after delivery, when they cannot be returned for reasons of hygiene or health protection;

  • Products manufactured according to the Client’s specifications or clearly personalized;

  • Products liable to deteriorate or expire rapidly, such as perishable goods or certain dietary supplements sensitive to heat, humidity, or light.

As a result, any return of an opened, altered, personalized product, or one with a short expiry date, or whose packaging has been damaged (damaged label, unsealed cap, removed seal, etc.) will not be eligible for a refund, except in cases of error attributable to HYPHEA or proven non-compliance.

Procedures for exercising the right of withdrawal
Subject to the above exclusions, and in accordance with Article L.221-18 of the French Consumer Code, the Buyer has fourteen (14) days from receipt of their order to exercise their right of withdrawal, without having to provide any justification.

The Buyer must first contact customer service to obtain a return authorization.
Their request must be accompanied by the following supporting documents:

  • A photo of the package, showing the shipping label,

  • If the package has not been opened: a photo showing the integrity of the sealed package,

  • If the package has been opened: a photo of the Products in their original packaging, placed back in the box.

In all cases, the Buyer must return a duly completed and signed sworn statement certifying that the Products have not been opened, used, or altered.

The Products must be returned in their original condition, unopened and in their original packaging, suitable for resale.
The return shipment must be carried out by the Buyer at their own expense, to the address provided by customer service.

Refund will be issued within a maximum of fourteen (14) days from receipt and verification of the return by our logistics department.
HYPHEA reserves the right to refuse any refund if the conditions stated in this article are not met.

Return costs are entirely borne by the Buyer.
In the event of a refund, a flat fee of six euros and ninety cents (€6.90) will be deducted from the refund amount, corresponding to the logistical costs borne by HYPHEA.

J. Legal Guarantees

The Buyer benefits from the legal guarantees of non-conformity and hidden defects in the item sold, including conformity defects resulting from the packaging of the Products ordered on the Site.

If the Buyer finds that the delivered Product is defective, non-compliant, or damaged, they must inform HYPHEA using the contact details indicated at the top of these General Terms and Conditions, specifying the nature of the defect, non-conformity, or damage observed, and providing all useful supporting evidence, particularly in the form of photographs.

HYPHEA will arrange the return with a carrier of its choice and will inform the Buyer of the return procedures by any appropriate means. HYPHEA will bear the costs of this return.

The Products must be returned to HYPHEA in their original packaging and accompanied by a copy of the corresponding purchase invoice. Returns that do not comply with these conditions will not be processed.

HYPHEA will carry out the necessary verifications and will offer the Buyer a replacement Product, where possible. If replacement is not possible, HYPHEA will refund the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any appropriate means, as soon as possible and no later than 14 days after informing the Buyer that replacement is impossible.

K. Buyers’ Obligations

Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs before purchasing them.

They must take the necessary steps to back up, by their own means, any information from their Account they deem necessary, as no copy will be provided to them.

L. Liability of HYPHEA

The Buyer acknowledges and accepts that the Products sold by HYPHEA are not medicines and are not intended to replace treatment. The Buyer must always consult their doctor before consuming herbal remedies.

HYPHEA provides no guarantee to the Buyer regarding the suitability of the Products for their needs, expectations, or constraints.

HYPHEA cannot be held liable for damages resulting from use of the Products that does not comply with recommendations or is not directly attributable to a defect in the Product.

HYPHEA cannot be held liable for failure to perform or delays in performance of sales contracts due to circumstances beyond its control or to force majeure, as defined in Article 1218 of the French Civil Code. Force majeure events include, in addition to those generally recognized by French courts: exceptional weather, natural disasters, fires and floods, lightning, terrorist attacks, breakdown or blocking of telecommunications networks, transportation or postal services (including strikes), damages caused by viruses that existing security solutions cannot eliminate, and any legal or regulatory obligation imposed by competent authorities that substantially modifies the General Terms and Conditions.

HYPHEA cannot be held liable for non-performance or delayed delivery resulting from inaccurate or imprecise delivery addresses provided by the Buyer, pursuant to the provisions of the “Delivery” article. In such cases, new delivery costs will be charged to the Buyer.

HYPHEA undertakes to conduct regular checks to verify the operation and accessibility of the Site. In this regard, HYPHEA reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, HYPHEA cannot be held liable for temporary access difficulties or impossibilities caused by circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

In any case, HYPHEA’s liability under these General Terms and Conditions is expressly limited to proven direct damages suffered by the Buyers.

M. Intellectual Property

The Site, systems, software, structures, infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, icons, trademarks, databases, etc.) used by HYPHEA within the Site are protected by all applicable intellectual property rights and database producer rights.

Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any act of reproduction, representation, distribution, or use of any of these elements, in whole or in part, without HYPHEA’s authorization is strictly prohibited and may lead to legal proceedings.

N. Personal Data

HYPHEA practices a personal data protection policy, the features of which are described in the document entitled “Privacy Policy,” which the Buyer is expressly invited to consult.

O. Advertising

HYPHEA reserves the right to insert any advertising or promotional messages on any page of the Site and in any communications to Buyers, in a form and under conditions solely determined by HYPHEA.

P. Prohibited Conduct

The following are strictly prohibited:
(i) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site,
(ii) any intrusions or attempted intrusions into HYPHEA’s systems,
(iii) any misuse of the Site’s system resources,
(iv) any actions likely to impose a disproportionate burden on its infrastructure,
(v) any breach of security and authentication measures,
(vi) any acts likely to infringe the financial, commercial, or moral rights and interests of HYPHEA or Site users,
(vii) any practice diverting the Site from its intended purpose, and more generally,
(viii) any breach of these General Terms and Conditions or of applicable laws and regulations.

It is also strictly forbidden to monetize, sell, or grant access to the Site, in whole or in part, or to the information it contains.

Any commercial exploitation of the Products by Buyers is prohibited, particularly resale or distribution for profit.

In the event of a breach of any provision of this article, or more generally of laws and regulations, HYPHEA reserves the right to take appropriate measures and initiate legal proceedings.

Q. Deregistration

The Buyer may unsubscribe from the Site at any time.
Unsubscription takes effect within a maximum of 90 days from the request and results in the automatic deletion of the Buyer’s Account.

R. Modifications

HYPHEA reserves the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable terms will be those in force on the date of the Buyer’s order.

S. Language

In the event of translation of these General Terms and Conditions into one or more languages, the French language version shall prevail in case of contradiction or dispute regarding the meaning of a term or provision.

T. Mediation

The Buyer has the right to use a consumer mediator free of charge to amicably resolve any dispute relating to the performance of these General Terms and Conditions with HYPHEA, under the conditions set out in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.

For this purpose, they may contact the following consumer mediator:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address:
Telephone:

U. Governing Law

These General Terms and Conditions are governed by French law.