Legal information

General Terms and Conditions of Sale

These general terms and conditions of sale govern all distance sales concluded on the website etna-supplement.com. We invite you to read them before placing any order.

Contents

Article 1

Purpose and scope of the general terms and conditions of sale

1.1. What do these general terms and conditions of sale apply to?

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale” or “GTCS”) apply, without restriction or reservation, to all distance sales concluded electronically on the Site between, on the one hand, the company BOWA, a Société par actions simplifiée (SAS, simplified joint-stock company) with share capital of €1,000, whose registered office is located at Bâtiment 12, Multiparc du Salaison, 145 rue de la Marbrerie, 34740 Vendargues, registered with the Montpellier Trade and Companies Register under number 107 764 920, represented by Mathieu Boulay, Managing Director, identified under EU VAT number FR77107764920, whose trade name is “Expand Tomorrow Never Aging - ETNA” (hereinafter “ETNA” or the “Seller”), and, on the other hand, any non-professional natural person acting as a consumer who wishes to purchase the products offered for sale on the Site (hereinafter the “Customer” or “Customers”).

They set out in particular the conditions for ordering, payment, delivery and handling any returns of products ordered by Customers. The GTCS apply to the exclusion of all other conditions, in particular those applicable to other sales channels for the products.

1.2. What products does ETNA offer?

The products offered for sale on the Site are dietary supplements, plant extracts and, where applicable, cosmetic products, care products and accessories (hereinafter the “Products”). The essential characteristics of the Products, including specifications, illustrations and indications of size or capacity, are presented on the Site. The Customer must read them before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer. The color and graphic elements of the packaging may be changed for reasons of brand image or availability (for example, a particular type of bottle being out of stock); such changes in no way result in any change to the formulation of the Products. The Customer must refer to the description of each Product to learn its essential properties and features, in accordance with Article L.111-1 of the French Consumer Code.

1.3. How can ETNA be contacted?

1.4. What happens when the Customer accepts these GTCS?

Confirmation of the order by the Customer constitutes acceptance without restriction or reservation of these GTCS. The Customer acknowledges having the legal capacity required to enter into a contract and purchase the Products offered on the Site. These GTCS shall prevail over any other general or specific conditions not expressly approved by ETNA. The Customer declares having read and accepted these GTCS by ticking the box provided for this purpose before starting the online ordering procedure, as well as the Site’s terms of use.

1.5. Can these GTCS be modified?

ETNA reserves the right to modify its GTCS at any time by publishing a new version on the Site. The applicable conditions are those in force on the date the Customer places the order. Unless proven otherwise, the data recorded in ETNA’s computer system constitutes proof of all transactions concluded with the Customer. The GTCS are concluded for the period required to supply the Products. In accordance with the amended French Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 (GDPR), the Customer has at any time a right of access, rectification and objection regarding all their personal data under the conditions set out in Article 14 below.

Article 2

Customer’s legal capacity

The Customer declares that they are of legal age or have parental authorization and have the legal capacity to place an order on the Site. The Products offered on the Site are reserved for private individuals and intended for personal use, unrelated to any professional use.

In accordance with the provisions of the French Civil Code, non-emancipated minors do not have the capacity to enter into contracts. Consequently, orders intended for minors must be placed by a person exercising parental authority over them who is themselves legally capable of entering into a contract. If an order were placed without the required legal capacity, the legal guardians (parents, guardians, etc.) would bear full responsibility and would have to pay the price.

Article 3

Products

Only the Products appearing on the Site on the day the Customer consults it are offered for sale. Product offers and prices are valid, while stocks last, for as long as they are visible on the Site. The Products are described as accurately as possible and comply with the French and European standards, laws and regulations in force relating to health, safety and consumer protection.

Product photographs and descriptions are as accurate as possible and are binding on ETNA only for what is precisely stated therein; certain characteristics, in particular color, may not correspond exactly to the photographs shown, due to technical constraints. If the Customer finds that safety or quality standards have not been met, they undertake to inform ETNA immediately by email at the address given in Article 1.3.

Article 4

Orders

4.1. How do I place an order with ETNA?

The Customer may place an order online on the Site. A Customer wishing to place an order must follow the procedure below:

In accordance with Articles 1127-1 and 1127-2 of the French Civil Code, the Customer acknowledges having been informed, prior to ordering, of the various steps to follow to conclude the contract, the technical means enabling them to identify and correct input errors, the language offered (French) and, where applicable, the arrangements for archiving the contract.

Any order implies acceptance without restriction or reservation of these GTCS and constitutes acceptance of the prices and descriptions of the Products available for sale. Contractual information is presented in French and is confirmed no later than when the Customer confirms the order.

4.2. When is the order considered final?

The sale will only be considered final once ETNA has sent the Customer confirmation of acceptance of the order (with a summary) by email, and once ETNA has received full payment. It is the Customer’s responsibility to check that the order is correct and to report any error immediately. Any order placed on the Site constitutes the formation of a distance contract between the Customer and ETNA. Confirmation is subject to validation of the order by ETNA.

Article 5

Offers and prices

5.1. How are price changes handled?

ETNA reserves the right to change its prices at any time but undertakes to apply the prices in force at the time of the order. Offers and Products are supplied at the prices in force shown on the Site when the order is recorded. Prices are firm and not subject to revision during their period of validity, as shown on the Site.

5.2. How are prices shown? Shipping costs and promotional offers

Product prices are shown in euros, including all taxes (French VAT and other taxes applicable on the day of the order), and do not include delivery costs, which are charged in addition and shown before the order is confirmed. An invoice is issued by ETNA and given to the Customer no later than upon delivery of the Products, or on request.

Promotional offers are valid for the period stated and for as long as they are displayed on the Site, while stocks last.

The price is payable in cash, in full and in a single payment on the day the order is placed, by secure payment. Under no circumstances may the sums paid be considered as deposits or down payments. No cash-on-delivery shipments will be accepted. If one or more taxes or contributions, in particular environmental ones, were to be created or modified, whether upwards or downwards, this change may be passed on to the sale price of the Products. All orders are invoiced and payable in euros.

In the event of non-compliance with the payment conditions, ETNA reserves the right to suspend or cancel delivery of the Customer’s current orders.

5.3. Country-specific conditions

In order to comply with the regulations in force in each country, ETNA reserves the right not to ship outside French territory certain Products whose online distribution without a prescription is prohibited. Outside the European Union and in the French overseas departments and territories (DOM-TOM), customs duties or local taxes may be payable and charged to the Customer on receipt of the parcel, in addition to the price paid to ETNA; these duties and taxes remain the responsibility of the Customer, who is solely responsible for the related declarations and formalities.

Article 6

Payment methods

6.1. What are the payment methods?

To pay for their order, the Customer may use the payment methods made available by ETNA and listed on the Site, namely:

Visa, Mastercard and Carte Bleue cards, whether French or foreign, are accepted; UnionPay network cards are not supported. All card payments are processed by Payplug, a payment institution authorized by the French Prudential Supervision and Resolution Authority (ACPR – Banque de France).

The Customer may also pay for their order by bank transfer, by check or in cash on delivery, under the conditions set out in Article 6.4.

The Customer guarantees to ETNA that they hold any authorizations required to use the payment method chosen when confirming the order form. ETNA reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization by bank card by officially accredited bodies, a payment incident, or fraud or attempted fraud. ETNA does not store in its database any personal or financial information relating to the Customer’s payment.

6.2. Payment by bank card

Payment by bank card is made directly online through a secure transaction, via the payment provider Payplug, a payment institution authorized by the French Prudential Supervision and Resolution Authority (ACPR – Banque de France). Payment data is exchanged in encrypted form using the TLS (Transport Layer Security) protocol. In the field provided, the Customer enters their card number, its expiry date and the security code on the back of the card. The card is debited when the order is confirmed. In accordance with European Directive (EU) 2015/2366 (PSD2), each payment may be subject to strong cardholder authentication (3-D Secure) implemented by Payplug according to the risk level of the transaction; if it is not validated, the transaction will not go through. ETNA never has access to the Customer’s card data, which is transmitted directly to Payplug and processed in its PCI DSS Level 1 certified environment, within the European Union.

As part of the fight against internet fraud, information relating to the order may be passed on to any third party authorized by law or designated by ETNA for the sole purpose of verifying the Customer’s identity, the validity of the order and the payment method used. Payments made by the Customer will only be considered final once ETNA has actually received the sums due.

6.3. Installment payment

Where the order is eligible, the Customer may choose to pay in several installments offered by Payplug. The total amount of the order is then debited in several successive charges to the bank card used for the order. The number of installments, the amount of each and their schedule are shown to the Customer before payment is confirmed.

This payment facility is neither consumer credit nor a deferred payment taken out with a financing institution: it is operated by Payplug on the Customer’s card. The Customer undertakes to keep their bank card valid and funded until the final installment has been paid. If an installment is rejected, ETNA reserves the right to suspend performance of the order or current subscriptions and to claim payment of the remaining balance.

6.4. Bank transfer, check and payment on delivery

The Customer may pay for their order by bank transfer or by check made payable to ETNA. The bank details and mailing address are provided at the end of the order. The order is only prepared and shipped once payment has actually been received; Products are only reserved while stocks last during this period. If payment is not received within fifteen days of the order, it may be automatically canceled by ETNA.

Payment on delivery, where offered, allows the Customer to pay for their order when the parcel is handed over. Any fees charged by the carrier for this service are shown before the order is confirmed. Refusal of the parcel or failure to pay on delivery results in the return of the Products and may give rise to the invoicing of shipping and return costs actually incurred by ETNA.

Article 7

Subscriptions

7.1. Plans offered

The Customer may subscribe to a Product of their choice, from the following plans: monthly (one box delivered every month), quarterly (three boxes delivered every three months) and six-monthly (six boxes delivered every six months).

Each plan entitles the Customer to a discount on the Product’s sale price, applied at each billing cycle. The applicable discount rate, the corresponding price and the chosen frequency are displayed on the product page and repeated in the order summary before confirmation.

7.2. Subscribing

Subscriptions are taken out from the product page, by selecting the desired plan before adding to the cart. This requires creating a customer account and accepting these GTCS.

The initial order is confirmed and paid for in accordance with Article 6. Acceptance of the subscription constitutes authorization for recurring charges to the registered payment method.

7.3. Term, renewal and charges

The subscription is concluded for an indefinite period. It is automatically renewed at the end of each period, according to the chosen frequency, until terminated by the Customer.

At each new billing cycle, the amount corresponding to the plan subscribed to is charged to the registered payment method, then the order is prepared and shipped in accordance with Article 8.

In accordance with Article L.215-1 of the French Consumer Code, ETNA informs the Customer, no earlier than three months and no later than one month before the end of the period during which renewal may be declined, of the option not to renew their subscription. If this information has not been sent under these conditions, the Customer may end their subscription free of charge at any time from the renewal date, under the conditions of Article L.215-3 of the same code.

7.4. Price and changes

The price applicable to each billing cycle is the one in force on the day of subscription for the chosen plan. In the event of a change in price or discount rate, ETNA informs the Customer by email before the billing cycle concerned. The Customer may then terminate their subscription under the conditions of Article 7.6, free of charge and without giving a reason.

Deliveries linked to a subscription are made free of shipping costs in mainland France, regardless of the amount of the billing cycle.

7.5. Changes and pausing

The Customer manages their subscription from their customer account, in the dedicated section: frequency, plan, delivery address and payment method. Any change request must be made before the next order is prepared to apply to the billing cycle concerned; otherwise, it takes effect at the following billing cycle.

A billing cycle can be temporarily paused when this feature is offered in the customer account. The request must be made within the same time frame.

7.6. Cancellation

The Customer may cancel their subscription at any time, free of charge and without giving a reason, from their customer account or by writing to [email protected]. Cancellation requested before the next order is prepared takes effect immediately; otherwise, it takes effect at the end of the current billing cycle, which remains due.

No refund is due for billing cycles already delivered. Billing cycles already charged but not yet shipped are subject to the right of withdrawal provided for in Article 10.

ETNA may terminate a subscription in the event of persistent non-payment, long-term unavailability of the Product or breach of these GTCS by the Customer. The Customer is informed of this by email.

7.7. Right of withdrawal

The right of withdrawal provided for in Article 10 applies to each delivery under a subscription, under the same conditions and time limits as for a one-time purchase, subject to the exclusions applicable to products unsealed for reasons of hygiene or health protection.

7.8. Unavailability

In the event of long-term unavailability of the Product covered by the subscription, ETNA informs the Customer and offers either replacement with an equivalent Product, or termination of the subscription and a refund of any sums charged for the unfulfilled billing cycle.

Article 8

Delivery

8.1. How are delivery costs calculated?

For each order, a flat-rate contribution towards handling costs is requested, which includes shipping, packaging and order processing. This contribution depends on the delivery method chosen by the Customer when placing the order and includes all taxes.

Free delivery from €49 in mainland France

Free delivery on all subscriptions in mainland France

One-off free shipping offers apply only to delivery in mainland France.

Products are shipped by Colissimo, with the option of home delivery or delivery to a pickup point. The Customer can track their order using the tracking number sent to them by email on the day of shipment. For availability reasons, an order may be delivered in several shipments; the Customer then pays for only one delivery.

8.2. What are the delivery times?

Once the order has been confirmed, the Products ordered, available and paid for are shipped within 24 business hours of order confirmation. ETNA carefully prepares the parcel before handing it over to its carrier, Colissimo.

From the time the parcel is handed over to the carrier, allow approximately 2 to 3 business days for delivery to the shipping address in mainland France. Outside mainland France, delivery times vary depending on the destination zone indicated in Article 8.3. These times are given for information only; ETNA undertakes to use its best efforts to deliver the Products as quickly as possible.

If the Products ordered have not been delivered within thirty (30) days of placing the order, the Customer must inform ETNA as soon as possible. ETNA will contact the carrier so that it can open an investigation, which may take up to twenty-one (21) days. If the Products are found, they will be forwarded to the Customer’s home; otherwise, they will be deemed lost and ETNA will send replacement Products at no extra cost, or refund their amount if they are no longer available.

In accordance with Articles L.216-1 et seq. of the French Consumer Code, if delivery is not made within the indicative time, or, if no time is indicated, within 30 days of the conclusion of the contract, the Customer may, after having requested ETNA to make delivery within a reasonable additional period that has passed without result, terminate the sale by registered letter with acknowledgment of receipt or in writing on another durable medium. The sums paid will then be refunded no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

8.3. Delivery zones

Products can be delivered to the territories indicated on the Site, namely:

Delivery costs vary depending on the destination country; to find out the cost, the Customer adds the Product to the cart and enters the requested information before confirming the order. Detailed rates by zone are available on the Shipping page.

8.4. Incorrect delivery address

Products are delivered to the address given by the Customer when placing the order; the Customer must ensure it is correct. Any parcel returned to ETNA because of an incorrect or incomplete address will be reshipped at the Customer’s expense, and ETNA cannot be held responsible if the order cannot be delivered. If the Customer wishes to have items delivered to two different addresses, they must place two separate orders, with the corresponding delivery costs.

8.5. What should I do when I receive my order?

On receipt, the Customer must check the condition of the Products delivered. Any anomaly (missing or damaged Products, damaged parcel) must first be noted on the delivery slip as handwritten reservations accompanied by the Customer’s signature in the presence of the carrier, then notified to ETNA as soon as possible and no later than fourteen (14) business days after receipt, by post or by email to the address given in Article 1.3, stating the name, postal address, email, order number and date, Product reference, quantity and precise reason for the complaint.

In the absence of reservations or complaints expressly made by the Customer within this period, the Products will be deemed to comply with the order in quantity and quality. ETNA reserves the right to ask the Customer to return the damaged Product(s). This commercial guarantee applies independently of the legal warranties referred to in Article 12.

8.6. Damaged parcel

If, when a parcel requiring a signature is delivered, the Customer finds that it is damaged, they may either refuse the parcel (which will then be returned directly to ETNA) or accept it while reporting the damage to its packaging. If the parcel is delivered to a mailbox and the packaging is damaged, the Customer may, provided the parcel has not been opened, refuse it by taking it to the carrier’s drop-off point no later than the business day following its delivery.

8.7. “Addressee unknown” and “unclaimed” returns

Returns marked “NPAI” (addressee unknown at the address given) and “unclaimed” (parcel not collected within the time allowed from the delivery notice) are handled as follows: after ETNA has received and accepted the returned parcel, a credit note for the total amount of the order, less shipping costs, will be credited to the customer account within forty-eight (48) hours of receipt of the parcel. The Customer can then place their order again, making sure the delivery address is correct.

Article 9

Transfer of ownership – Transfer of risk

Ownership of the Products will only be transferred to the Customer after full payment of the price by the Customer, including delivery costs, regardless of the delivery date. Whatever the date of transfer of ownership, the risk of loss and damage will only be transferred when the Customer takes physical possession of the Products. The Products are therefore transported at ETNA’s risk. Failure to pay any installment may result in the goods being reclaimed.

Article 10

Right of withdrawal

10.1. What is the withdrawal period?

14 days from receipt of the order

Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) days from receipt of the order (or, where several goods ordered in a single order are delivered separately, from receipt of the last item) to exercise their right of withdrawal, without having to give reasons or pay any penalty, in order to obtain a refund. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next business day.

10.2. How do I exercise my right of withdrawal?

To exercise their right of withdrawal, the Customer must notify ETNA of their decision by means of an unambiguous statement (for example, a letter sent by post or email) before the period expires. The Customer may use the model withdrawal form appended to these GTCS, but this is not mandatory.

The Products must be returned in their original packaging, complete and in perfect condition allowing them to be resold, without undue delay and no later than fourteen (14) days after the decision to withdraw has been communicated.

The Customer must bear the direct costs of returning the goods. It is advisable to return them by a traceable method (tracked mail), as ETNA cannot be held liable in the event of loss during postal shipment. The Customer is only liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.

10.3. Consequences of withdrawal

In the event of withdrawal, ETNA will refund all payments received from the Customer, including standard delivery costs (except for any additional costs resulting from the Customer choosing a delivery method other than the least expensive standard delivery offered), without undue delay and no later than fourteen (14) days from the day ETNA is informed of the decision to withdraw. The refund will be made using the same payment method as used for the initial transaction, unless the Customer expressly agrees to a different method, and will not incur any fees. ETNA may withhold the refund until it has received the goods or until the Customer has provided proof of shipment, whichever is earlier.

10.4. Exceptions to the right of withdrawal

Article 11

Refunds

If the order is not received within the aforementioned delivery times, for any reason other than force majeure or the Customer’s own actions, the sale may be terminated at the Customer’s written request, under the conditions set out in Article L.216-2 of the French Consumer Code. The sums paid will be refunded no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

If the Product ordered is unavailable, a Customer who has opted for a refund will be refunded the sums paid no later than fourteen (14) days. Alternatively, where several Products have been ordered, the Customer may agree to receive the available Products and renew their order for the Product concerned when it becomes available again, or receive, after agreement with ETNA, a Product of equivalent quality and price.

In the event of withdrawal, the Customer will be refunded within fourteen (14) days of ETNA receiving the Products or proof of their shipment. The refund will be made according to the payment method used for the order. ETNA reserves the right to cancel and refund any order placed by a professional.

Article 12

Liability and legal warranties

12.1. What legal warranties apply?

The Products sold on the Site comply with the regulations in force in France. Independently of the right of withdrawal, the Products automatically benefit, at no additional cost, from:

12.2. What are ETNA’s obligations?

When acting under the legal warranty of conformity, the consumer has two (2) years from delivery of the goods to take action; they may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L.217-12 of the French Consumer Code; they are exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery. The legal warranty of conformity applies independently of any commercial guarantee that may be granted.

Under the warranty against hidden defects (Article 1641 of the French Civil Code), the Customer may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code; the action resulting from latent defects must be brought within two (2) years of discovery of the defect (Article 1648 of the French Civil Code).

In order to assert their rights, the Customer must inform ETNA in writing of the non-conformity of the Products or the existence of hidden defects. The Customer may choose between repair or replacement of the goods. Shipping costs will be refunded on the basis of the rate invoiced and return costs on presentation of receipts. Refunds for Products deemed non-conforming or defective will be made as soon as possible and no later than thirty (30) days after ETNA has established the defect.

12.3. In what cases can ETNA not be held liable?

ETNA cannot be held liable in the event of: non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check; misuse, professional use, negligence or lack of maintenance on the part of the Customer; normal wear and tear of the Product, accident or force majeure. ETNA’s warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products. ETNA’s liability is expressly limited to proven direct damage suffered by the Customer.

Article 13

Intellectual property

All trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sounds, as well as all software applications used on the Site and, more generally, all elements reproduced or used on the Site are protected by applicable intellectual property laws. They are the full and exclusive property of ETNA or its partners.

Any reproduction, display, use or adaptation, in any form whatsoever, of all or part of these elements, including software applications, without ETNA’s prior written consent, is strictly prohibited and may constitute an offense of infringement. ETNA retains all intellectual property rights to the studies, formulas, drawings, designs, prototypes, trademarks and logos relating to the Products. ETNA’s failure to initiate proceedings as soon as it becomes aware of unauthorized use does not constitute acceptance of such use or a waiver of legal action. Any simple link or hyperlink is prohibited without ETNA’s express written consent.

Article 14

Personal data

Pursuant to amended French Law No. 78-17 of January 6, 1978 and Regulation (EU) 2016/679 (GDPR), the personal data requested from the Customer is necessary to process their order and issue invoices. This data may be shared with ETNA’s partners responsible for the performance, processing, management, delivery and payment of orders.

The Customer has a right of access, rectification, erasure, objection, portability and restriction of processing of their data, which they may exercise under the conditions defined in the Site’s Privacy Policy, or by post to BOWA — Bâtiment 12, Multiparc du Salaison, 145 rue de la Marbrerie, 34740 Vendargues, or by writing to [email protected].

Article 15

Cookies

ETNA informs the Customer that cookies may be placed on their device. Generally speaking, a cookie records information relating to browsing (pages viewed, date and time of viewing, etc.) and makes it possible to analyze traffic and measure audience in order to improve the quality of the Site. The Customer may refuse the recording of cookies by configuring their browser or via the consent management module available on the Site, in accordance with the Privacy Policy.

Article 16

Comments, reviews and user content

Users of the Site may send ETNA reviews, comments, suggestions, ideas or questions, provided that this content is not illegal, obscene, abusive, threatening, defamatory, contrary to intellectual property rights or harmful to third parties, and does not contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of “spam”. The content must relate only to the Product concerned. Users must not use a false email address, impersonate any person or entity, or misrepresent the origin of the content. ETNA reserves the right, at its sole discretion, to remove or modify any content.

Article 17

Evidence agreement

The Customer expressly acknowledges and accepts that the data collected on the Site and ETNA’s computer equipment are authoritative evidence of the transactions carried out under these GTCS, and that this data constitutes the main means of proof accepted between the parties, in particular for calculating the sums due to ETNA. Computerized records, kept in the computer systems of ETNA or its service providers, are considered proof of the order and the resulting payments.

Article 18

Partial invalidity

If one or more provisions of these GTCS are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent court, the other provisions shall remain in full force and effect.

Article 19

Force majeure

Any circumstances beyond the control of the parties preventing the normal performance of their obligations are considered grounds for exemption from the parties’ obligations and result in their suspension. The party invoking such circumstances must immediately notify the other party of their occurrence and of their end.

In addition to those usually recognized by the case law of the French courts and within the meaning of Article 1218 of the French Civil Code, the following are considered cases of force majeure: blockage of means of transport or supply, exceptional weather conditions, natural disasters, earthquakes, fires, storms, floods, lightning, terrorist attacks, shutdown or blockage of telecommunications networks, strikes, and any legal or regulatory obligation of public policy. The parties will consult each other to examine the impact of the event and agree on the conditions for continuing the contract. If the case of force majeure lasts more than three (3) months, these GTCS may be terminated by the injured party.

Article 20

Pre-contractual information – Acceptance and Customer rights

20.1. What does accepting ETNA’s GTCS mean?

The Customer acknowledges having received, prior to placing their order, in a legible and understandable manner, these GTCS and all the information referred to in Articles L.111-1 to L.111-8 of the French Consumer Code, and in particular:

• the essential characteristics of the Product, taking into account the communication medium used;
• the price of the Product and related costs;
• in the absence of immediate performance of the contract, the date or time frame within which ETNA undertakes to deliver the Product;
• information relating to ETNA’s identity, its postal, telephone and electronic contact details and its activities;
• information relating to the legal warranties and how to implement them;
• the possibility of using conventional mediation in the event of a dispute;
• information relating to the right of withdrawal.

The fact that a natural or legal person places an order on the Site implies full and complete acceptance of these GTCS and the obligation to pay for the Products ordered.

20.2. Confidentiality of phone numbers

In the order form, ETNA may collect the consumer’s phone number in order to contact them in the event of a problem with processing or delivering their order. ETNA uses this number solely for the performance of the contract concluded with the consumer and does not engage in telephone canvassing. The Customer is informed that they may register free of charge on the BLOCTEL telephone canvassing opt-out list (www.bloctel.gouv.fr).

Article 21

Governing law – Language – Dispute resolution

21.1. Governing law and language

These GTCS are governed by and subject to French law. They are drafted in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute or contradiction regarding the meaning of a term or provision.

21.2. Mediation and dispute resolution

In accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the French Consumer Code relating to the amicable settlement of disputes, ETNA is a member of a consumer mediation scheme. After first contacting ETNA in writing, the consumer may refer to the mediator any consumer dispute that has not been resolved.

Consumers residing in the European Union may also use the European Commission’s Online Dispute Resolution (ODR) platform. Failing an amicable resolution, all disputes to which these GTCS may give rise will be submitted to the competent courts under ordinary law.

Article 22

Promo codes and benefits

ETNA may offer promo codes and benefits, the terms of use of which are specified on the Site and/or when they are granted. Unless otherwise stated, these codes cannot be combined with one another, are valid within the limits of their validity period and while stocks last, and may be subject to eligibility conditions (minimum purchase amount, first order, exclusion of certain Product categories).

Appendix

Withdrawal form