TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

This website is operated by EUROPEA (SIRET: 820 410 371 00018). Throughout the website, “we”, “us” and “our” refer to EUROPEA. EUROPEA offers this website, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here. By visiting this website and/or purchasing a product, you engage in our “Service” and agree to be bound by the following terms (“Terms and Conditions of Sale”, “Terms and Conditions of Sale and Use”, “Terms”), including additional terms, conditions and policies referred to here and/or available by hyperlink. These Terms apply to all users, including browsers, vendors, customers, merchants and content contributors. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by them. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use the services offered. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the shop will also be subject to these Terms. You can review the latest version at any time on this page. We reserve the right to update, change or replace any part by publishing updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Continued use of or access to the website after changes are published constitutes acceptance of those changes. Our shop is hosted by OVH.inc, which provides the e-commerce platform enabling us to sell our products and services.  

ARTICLE 1 – ONLINE SHOP TERMS

By agreeing to these Terms, you represent that you have reached the age of majority in your country, state or province of residence and have consented to any minor dependants using this website. You may not use our products for unlawful or unauthorised purposes or, in using the Service, violate your jurisdiction's laws, including copyright laws. You must not transmit worms, viruses or other destructive code. Any breach of these Terms will result in immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content, excluding credit card information, may be transferred unencrypted, involving transmissions over various networks and changes to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during network transmission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, its use, access to it or website contact through which it is provided, without our prior express written permission. Headings are included for convenience and do not limit or affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this website is inaccurate, incomplete or out of date. Website content is for general guidance only and should not be your sole basis for decisions without consulting more accurate, complete and current sources. Reliance on website content is at your own risk. The website may contain historical information, which by its nature is not current and is provided for reference only. We may modify website content at any time but have no obligation to update it. You agree that monitoring website changes is your responsibility.

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

Product prices may change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice. We are not liable to you or any third party for price changes, suspension or discontinuation of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (WHERE APPLICABLE)

Certain products or services may be available exclusively online through our website. They may be available in limited quantities and may only be returned or exchanged under our Returns Policy. We have made every effort to display product colours and images as clearly as possible, but cannot guarantee that your computer monitor displays colours accurately. We reserve the right, without being obliged to exercise it, to limit sales to any person, geographic region or jurisdiction, on a case-by-case basis. We may limit quantities of products or services offered. All product descriptions and prices may change at any time without notice, at our sole discretion. We may discontinue a product at any time. Any offer on this website is void where prohibited by law. The website sells refurbished medical products for treating sleep apnoea (CPAP machines and H5i humidifiers). Refurbished products are identified in their descriptions to inform customers of their condition. Refurbished products: these are identified on their product pages and may show minor signs of use. Refurbished CPAP machines come with a 1-year commercial warranty: if a covered fault occurs, the whole machine is replaced. For other refurbished items, any commercial warranty offered is specified on the product page. These provisions are in addition to applicable statutory warranties. See the Refurbishment for more information. EUROPEA does not undertake to fulfil every replacement request involving damage it considers minor and which does not affect proper product use, such as scratches or minor wear. We do not guarantee that the quality of products, services, information or other goods obtained or purchased will meet your expectations, or that any Service error will be corrected.

ARTICLE 6 – PAYMENT

The payment methods actually offered are displayed at checkout. PayPal payment takes place through the shop's secure checkout process. The customer's order confirmation takes effect only once payment is received.

ARTICLE 7 – TRANSFER OF OWNERSHIP

Ownership of the products transfers upon delivery of the parcel by the transport professional.

ARTICLE 8 – DELIVERY

After confirmation of the order and receipt of payment, we prepare and dispatch the product. Preparation and transport times depend on the destination and carrier; tracking information is provided when available. If the customer does not receive the order within 30 days of dispatch, the sale may be cancelled at the customer's written request. The amount will then be refunded within 14 days of receipt of that written request.

ARTICLE 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. At our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders using the same customer account, credit card and/or billing or delivery address. If we change or cancel an order, we may attempt to notify you using the email, billing address or telephone number provided when ordering. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to come from merchants, resellers or distributors. You agree to provide current, complete and accurate order and account information for all purchases. You agree to promptly update your account and other information, including email, credit card numbers and expiry dates, so that we can complete transactions and contact you as needed.

ARTICLE 10 – OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor, control or influence. You acknowledge that access is provided “as is” and “as available”, without warranties, representations, conditions or endorsement. We have no liability arising from or relating to use of these optional third-party tools. You use them at your own risk and discretion and should review the terms offered by the relevant third-party providers. In future we may offer new services or features, including tools and resources, through our website. These will also be subject to these Terms.

ARTICLE 11 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include third-party materials. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and do not warrant or assume liability for third-party content, websites, products, services or other materials. We are not liable for harm or damage relating to purchases or use of goods, services, resources, content or other transactions connected with third-party websites. Please review third-party policies and practices carefully and understand them before any transaction. Complaints, claims, concerns or questions about third-party products should be directed to those third parties.

ARTICLE 12 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you send specific submissions, such as competition entries, or without our request send creative ideas, suggestions, proposals, plans or other materials online, by email, post or otherwise (collectively “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use them in any medium. We are not obliged to keep comments confidential, pay compensation or respond. We may, but are not obliged to, monitor, edit or remove content that in our sole discretion is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, otherwise objectionable or infringes intellectual property or these Terms. You agree that your comments will not violate third-party rights, including copyright, trademarks, privacy, personality or other personal or proprietary rights. Comments must not contain unlawful, defamatory, offensive or obscene material, viruses or malicious software that could affect the Service or an associated website. You must not use a false email address, impersonate another person or mislead us or third parties about comments' origin. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for comments posted by you or third parties.

ARTICLE 13 – PERSONAL INFORMATION

Submission of personal information through the shop is governed by our Privacy Policy.

ARTICLE 14 – ERRORS, INACCURACIES AND OMISSIONS

Information on our website or in the Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, delivery times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information in the Service or on an associated website is inaccurate, at any time without notice, including after an order is placed. We are not obliged to update, amend or clarify information, including pricing information, unless legally required. No specified update date should be taken to indicate that all information in the Service or an associated website has been changed or updated.

ARTICLE 15 – PROHIBITED USES

In addition to other prohibitions in these Terms, you must not use the website or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, provincial, state or regional regulations, rules, laws or ordinances; (d) to infringe our or third parties' intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code that compromises the Service, associated or independent websites, or the Internet; (h) to collect or track others' personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or bypass security features of the Service, other websites or the Internet. We may terminate your use of the Service or a related website for violating these prohibitions.

ARTICLE 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Nous ne garantissons ni ne prétendons en aucun cas que votre utilisation de notre Service sera ininterrompue, rapide, sécurisée ou sans erreur. Nous ne garantissons pas que les résultats qui pourraient être obtenus par le biais de l’utilisation du Service seront exacts ou fiables. Vous acceptez que de temps à autre, nous puissions supprimer le Service pour des périodes de temps indéfinies ou annuler le Service à tout moment, sans vous avertir au préalable. Vous convenez expressément que votre utilisation du Service, ou votre incapacité à utiliser celui-ci, est à votre seul risque. Le Service ainsi que tous les produits et services qui vous sont fournis par le biais du Service sont (sauf mention expresse du contraire de notre part) fournis « tels quels » et « selon la disponibilité » pour votre utilisation, et ce sans représentation, sans garanties et sans conditions d’aucune sorte, expresses ou implicites, y compris toutes les garanties implicites de commercialisation ou de qualité marchande, d’adaptation à un usage particulier, de durabilité, de titre et d’absence de contrefaçon. EUROPEA, nos directeurs, responsables, employés, sociétés affiliées, agents, contractants, stagiaires, fournisseurs, prestataires de services et concédants ne peuvent en aucun cas être tenus responsables de toute blessure, perte, réclamation, ou de dommages directs, indirects, accessoires, punitifs, spéciaux, ou dommages consécutifs de quelque nature qu’ils soient, incluant mais ne se limitant pas à la perte de profits, de revenus, d’économies, de données, aux coûts de remplacement ou tous dommages similaires, qu’ils soient contractuels, délictuels (même en cas de négligence), de responsabilité stricte ou autre, résultant de votre utilisation de tout service ou produit provenant de ce Service, ou quant à toute autre réclamation liée de quelque manière que ce soit à votre utilisation du Service ou de tout produit, incluant mais ne se limitant à toute erreur ou omission dans tout contenu, ou à toute perte ou tout dommage de toute sorte découlant de l’utilisation du Service ou de tout contenu (ou produit) publié, transmis, ou autrement rendu disponible par le biais du Service, même si vous avez été avertis de la possibilité qu’ils surviennent. Parce que certains États ou certaines juridictions ne permettent pas d’exclure ou de limiter la responsabilité quant aux dommages consécutifs ou accessoires, notre responsabilité sera limitée dans la mesure maximale permise par la loi.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless EUROPEA, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against claims or demands, including reasonable legal fees, made by third parties due to or arising from your breach of these Terms or referenced documents, or your violation of a law or third-party rights.

ARTICLE 18 – SEVERABILITY

If a provision of these Terms is held unlawful, void or unenforceable, it remains enforceable to the fullest extent permitted by law, and its unenforceable part is deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

ARTICLE 19 – TERMINATION

Obligations and liabilities incurred before termination survive termination for all purposes. These Terms remain effective unless and until terminated by you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website. If, in our sole judgement, you fail or we suspect you have failed to comply with these Terms, we may terminate this agreement at any time without notice. You remain liable for amounts due up to and including termination, and/or we may deny access to all or part of our Services.

ARTICLE 20 – ENTIRE AGREEMENT

Failure by us to exercise or enforce a right or provision of these Terms does not waive it. These Terms and any website or Service policies or operating rules constitute the entire agreement between you and us, govern your use of the Service and supersede prior or contemporaneous oral or written communications, proposals and agreements, including previous versions of these Terms. Ambiguity in interpretation shall not be construed against the drafting party.

ARTICLE 21 – APPLICABLE LAW

These Terms and any separate agreements through which we provide Services are governed by and construed in accordance with the laws in force at 8 route Nicolas Andréa, 06950 FALICON.

ARTICLE 22 – CHANGES TO THESE TERMS AND CONDITIONS OF SALE AND USE

You may review the latest version of these Terms at any time on this page. At our sole discretion, we may update, amend or replace any part by posting updates and changes on our website. It is your responsibility to visit the website regularly to check for changes. Continued use of or access to the website after changes are posted constitutes acceptance of them.

ARTICLE 23 – CONTACT INFORMATION

Questions about these Terms should be sent to contact@euro-cpap.fr.