1. Purpose
HYPHEA offers the sale of mushroom-based dietary supplements (the “Products”) to individuals (the ‘Buyers’) for sale on the website www.hyphea.fr (the “Site”).
It can be contacted at its head office
1 avenue de l’Europe
Bâtiment E Campus 1
31400 TOULOUSE
Tel : 05-62-19-22-30
The purpose of these terms and conditions (the “Terms and Conditions”) is to define the terms and conditions of the online sale and delivery of Products, and to define 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 page.
The General Terms and Conditions shall prevail over any other general or special terms and conditions not expressly approved by HYPHEA.
They may be supplemented, where applicable, by specific terms of use for certain Products offered on the Website, which supplement the General Terms and Conditions and, in the event of contradiction, shall prevail over the latter.
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 enter into commitments under the General Terms and Conditions. Individuals who do not have full legal capacity may only access the Site with the consent of their legal representative.
B. A Acceptance of the General Terms and Conditions
Acceptance of the General Terms and Conditions by the Buyer is evidenced by a checkbox on the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
Any 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 information marked as mandatory, a customer account (the “Account”) is automatically created in the name of the Buyer, which enables the Buyer to manage its purchases in a form and according to the technical means HYPHEA deems most appropriate.
The Buyer warrants that all information provided by the Buyer is accurate, up-to-date and truthful and is not misleading.
He/she undertakes to update this information on his/her Account in the event of modifications (in particular a change of postal address), so that it always corresponds to the aforementioned criteria.
The Buyer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the Buyer is binding as soon as it has been validated.
2) The Buyer may access his or her Account at any time by entering his or her login and password.
The Buyer undertakes to use his or her Account personally and not to allow any third party to use it in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so.
The Buyer is responsible for maintaining the confidentiality of its login and password, any access to the Site using the latter being deemed to have been made by the Buyer. The Buyer shall immediately contact HYPHEA at the address mentioned in the header of the General Terms and Conditions if he notices that his Account has been used without his knowledge. The Buyer acknowledges HYPHEA's right to take all appropriate measures in such a case.
D. Product characteristics
Prior to any online order and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Purchaser may take note, on the Site, of the characteristics of each Product he/she wishes to order.
Products are offered for sale online while stocks last.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on HYPHEA for what is precisely indicated.
E. Ordering
1) Placing an order
To place an order, the Purchaser must select the Product(s) of his/her choice and place them in his/her shopping basket.
The Buyer may access the basket summary at any time until the order has been definitively validated, and may correct any errors in the information entered.
The order is deemed to have been received by HYPHEA when HYPHEA has access to it.
As part of the order, the Buyer is invited to provide its contact details for delivery and billing purposes. All fields marked as mandatory must be filled in. Orders that do not include all the required information cannot be validated.
The Buyer guarantees that all information given on the order form is accurate, up-to-date and sincere, and is not misleading.
He/she is informed and accepts that this information is proof of his/her identity and commits him/her as soon as it has been validated.
2) Order confirmation
Once the order has been placed, the Purchaser will receive an email confirming the order, summarizing the elements of the order and the expected delivery date,
The Purchaser must ensure that the contact details entered are correct and that they enable him/her to receive the order confirmation e-mail. If the Purchaser does not receive the order confirmation email, the Purchaser shall contact HYPHEA at the address mentioned in the header of the General Terms and Conditions.
HYPHEA recommends that the Buyer retain the information contained in the order confirmation.
The order confirmation shall be deemed to have been received by the Purchaser when it can be accessed by the Purchaser.
F. Prices and Terms of Payment
1) Prices
They are indicated in euros, inclusive of all taxes (French VAT and other applicable taxes).
HYPHEA reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
Prices do not include any delivery charges applicable to the delivery of the Products, which shall be invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the order is validated by the Buyer.
The applicable price is that displayed on the Site at the time the Buyer's order is registered.
In French Overseas Departments and Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to HYPHEA. Such duties and taxes, the exact amount of which HYPHEA cannot determine in advance and therefore cannot inform the Buyer prior to its order, shall be borne by the Buyer, which shall be solely responsible for the proper completion of any declarations and/or formalities relating thereto.
2) Terms of payment, late payment and non-payment
The full price of the Products is payable at the time of order.
Payment may be made online:
- By credit card, using the secure online payment service indicated on the Site,
- ... or by any other means proposed on the Site at the time of ordering.
The Purchaser warrants to HYPHEA that it has the necessary authorizations to use the chosen method of payment.
HYPHEA reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
G. Retention of title
HYPHEA retains full and complete ownership of the Products sold until full payment has been received, including delivery costs.
H. Delivery
1) Delivery address
Once the order has been received by HYPHEA, the Purchaser shall no longer have the option of modifying its delivery address. Any subsequent modification to the order may therefore be invoiced by HYPHEA to the extent of the costs incurred.
2) Delivery territory
Unless otherwise specified on the Site, Products are delivered exclusively to all countries available on the Site.
Delivery of the Products shall be made to the address indicated by the Purchaser in the order as the “delivery address” (which may be different from the billing address), provided that it is within the possible delivery territory for the Products, and that it is not erroneous.
3) Delivery methods
There are different delivery methods available depending on the delivery territory. They are specified on the Site, at the time of order validation, on the payment page.
Before validating the order, the Purchaser is informed of the possible delivery methods for the Product ordered, as well as an estimated delivery time and the costs corresponding to each of these methods.
The Purchaser must select the desired delivery method and provide all the information required for effective delivery of the Product by this method.
HYPHEA reserves the right to modify the delivery methods offered at any time.
4) Delivery times
For information purposes, an estimated delivery time is given to the Buyer. This time is not contractual.
HYPHEA shall not be held responsible for exceeding this estimated delivery time, insofar as it remains dependent on the delivery times imposed by the carriers. No reimbursement or compensation may be demanded in this respect, except in the event of a legal provision to the contrary or a proven fault attributable to HYPHEA.
In the event of an order for several items, HYPHEA reserves the right to split shipments. In such a case, delivery charges shall only be invoiced once.
5) Delivery failures, returns, claims and associated costs
a) Non-collection, refusal of delivery or incorrect address
In the case of relay point deliveries, the Purchaser is obliged to collect the parcel within the time indicated by the carrier. Failing this, the package will automatically be returned to HYPHEA.
The same applies in the event of refusal of delivery by the Purchaser, or failure of delivery due to an incomplete, erroneous, inaccessible address, or repeated absence during a home delivery.
In these situations:
- The Purchaser shall contact customer service to request, at its option, a new shipment (at its expense) or a partial refund;
- In the event of a refund, HYPHEA shall deduct a flat-rate sum of six ninety (6.90) euros corresponding to the logistics costs incurred.
- The Buyer shall have a period of twenty (20) calendar days from the date of return of the parcel to HYPHEA to contact customer service.
After this period, the order may be considered abandoned and shall not give rise to any reimbursement or reshipment, unless HYPHEA decides otherwise in exceptional circumstances.
b) Package indicated as delivered but not received
If a parcel is indicated as “delivered” by the carrier but has not been received by the Buyer, the latter has a period of twenty (20) calendar days from the indicated delivery date to contact customer service.
After this period, no claim can be taken into account.
c) Missing, damaged or non-compliant product
If, upon receipt of the order, the Buyer notes that the parcel is damaged, incomplete or does not correspond to the order, the Buyer must inform HYPHEA within four (4) working days of receipt of the parcel.
The complaint must be accompanied by supporting photos showing the non-conformity, including imperatively :
- A photo of the outside of the parcel (with the packaging visible),
- A photo of the inside of the parcel,
- A photo of the transport label,
- A photo of any visible damage,
- A photo of the label affixed to the product concerned, enabling the Product(s) concerned to be identified.
After this period of 4 working days, HYPHEA cannot guarantee that the claim will be processed, as recourse to the carrier is no longer possible. Any request made after the deadline may however be examined on a case-by-case basis, without this constituting an obligation for HYPHEA.
I. Right of withdrawal
In accordance with the provisions of article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for certain products, in particular :
- Products opened or unsealed after delivery, when they cannot be returned for reasons of hygiene or health protection;
- Products made to the Customer's specifications or clearly personalized;
- Products likely to deteriorate or expire rapidly, such as perishable foodstuffs or certain food supplements sensitive to heat, humidity or light.
Consequently, any return of a product that has been opened, altered, personalized, has a short expiration date or whose packaging has been damaged (damaged label, unsealed cap, removed seal, etc.) will not give rise to a refund, except in the case of an error attributable to HYPHEA or proven non-conformity.
Terms and conditions for exercising the right of withdrawal
Subject to the exclusions mentioned above, and in accordance with article L.221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) days from receipt of his/her order to exercise his/her right of withdrawal, without having to justify his/her reasons.
The Buyer must first contact customer service in order to obtain a return agreement.
The request must be accompanied by the following supporting documents:
- A photo of the parcel, with the transport label visible,
- If the parcel has not been opened: a photo showing the integrity of the closed parcel,
- If the parcel has been opened: a photo of the Products in their original packaging, placed in the parcel.
In all cases, the Buyer must return a sworn statement, duly completed and signed, certifying that the Products have not been opened, used or altered.
Products must be returned in their original condition, unopened and in their original packaging, allowing them to be sold again.
The return parcel will be sent by the Purchaser's means and at his/her expense, to the address provided by customer service.
Reimbursement shall be made 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 in the event of non-compliance with the conditions set out in this article.
The Buyer shall bear the full cost of returning the goods.
In the event of reimbursement, a flat-rate sum of six euros and ninety cents (6.90) will be deducted from the amount reimbursed, to cover logistical costs incurred by HYPHEA.
J. Legal warranties
The Purchaser shall benefit from the legal warranties of non-conformity and hidden defects of the goods sold, including defects of conformity resulting from the packaging of the Products ordered on the Website.
If the Buyer finds that the Product delivered to it has a defect, a lack of conformity or is damaged, it must inform HYPHEA at the address mentioned in the heading of the General Terms and Conditions, indicating the nature of the defect, lack of conformity or damage found and sending any useful evidence, in particular in the form of photograph(s).
HYPHEA shall organize the return of the goods with the carrier of its choice and shall inform the Buyer thereof by any appropriate means. HYPHEA shall bear the costs of such return.
The Products must be returned to HYPHEA in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products which do not comply with the above conditions shall not be accepted.
HYPHEA shall carry out the necessary checks and shall offer the Buyer a replacement Product where possible. If the replacement of the Product is impossible, HYPHEA shall refund the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which HYPHEA has informed the Buyer of the impossibility of replacing the Product.
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Consumers are reminded that, when acting under the legal warranty of conformity, they :
It should also be noted that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Any consumer may also decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code. |
K. Buyer's obligations
Purchasers 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 prior to purchasing said Products.
They must take the necessary measures to safeguard by their own means the information in their Account which they deem necessary, no copy of which will be supplied to them.
L. Liability of HYPHEA
- The Purchaser acknowledges and accepts that the Products sold by HYPHEA are not medicines and are not intended to replace any treatment. The Buyer shall always consult its physician before consuming herbal remedies
- HYPHEA does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations or constraints.
- HYPHEA shall not be held liable for any damage resulting from use of the Products which does not comply with the recommendations and which is not directly caused by a defect in the Product.
- HYPHEA shall not be held liable for non-performance or delay 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, it being expressly stipulated that, in addition to those usually accepted by the jurisprudence of French courts, the following are considered to be cases of force majeure: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruption or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated by the security measures available on the market, as well as any legal or regulatory obligation or obligation of public order imposed by the competent authorities and which would have the effect of substantially modifying the General Terms and Conditions.
- HYPHEA shall not be liable for any failure or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of the “Delivery” article. Thus, in the event of a new delivery, the costs relating to this delivery shall be invoiced to the Purchaser.
- HYPHEA undertakes to regularly check the operation and accessibility of the Website. HYPHEA reserves the right to temporarily interrupt access to the Website for maintenance purposes. Likewise, HYPHEA shall not be held liable for any temporary difficulties or impossibilities in accessing the Website due to circumstances beyond its control, force majeure as defined above, or due to disruptions in telecommunications networks.
- In any event, HYPHEA's liability hereunder is expressly limited to proven direct damage suffered by Purchasers mages directs avérés subis par les Acheteurs
M. Intellectual property
The Website, systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, pictograms, trademarks, databases, etc.) used by HYPHEA within the Website are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of HYPHEA is strictly prohibited and may be subject to legal proceedings.
N. Personal data
HYPHEA practices a policy of personal data protection, the characteristics of which are explained in the document entitled “Privacy Policy”, which the Buyer is expressly invited to read.
O. Advertising
HYPHEA reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages in a form and under conditions which HYPHEA shall be the sole judge.
P. Prohibited behaviour
- The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Website, (ii) any intrusion or attempted intrusion into HYPHEA's systems, (iii) any misappropriation of the Website's system resources, (iv) any action likely to impose a disproportionate load on the Website's infrastructure, (v) any breach of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of HYPHEA or the users of its Website, (vii) any practice diverting the Website to purposes other than those for which it was designed and finally more generally (viii) any breach of the General Terms and Conditions or of the laws and regulations in force.
- Likewise, it is strictly forbidden to monetize, sell or grant all or part of access to the Site, or to the information it contains.
- Any commercial use of the Products by Purchasers is forbidden, and in particular any resale or distribution for consideration.
- In the event of a breach of any of the provisions of this article or, more generally, of any laws or regulations, HYPHEA reserves the right to take all appropriate measures and to institute legal proceedings.
Q. Unsubscribe
The Buyer may unsubscribe from the Site at any time.
Unsubscription takes effect within a maximum of 90 days from the date of the request and results in the automatic deletion of the Buyer's Account from the date of unsubscription.
R. Modifications
HYPHEA reserves the right to modify the General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force at the date of the Buyer's order.
S. Language
In the event of translation of the General Terms and Conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute as to the meaning of a term or provision.
T. Mediation
The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with HYPHEA concerning the performance of the present contract, under the conditions set out in articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
To this end, the Customer may contact the following consumer mediator:
Center de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone number: 06 09 20 48 86
U. Applicable law
The General Terms and Conditions are governed by French law.