1. Purpose
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern the subscription by the brand (hereinafter referred to as the "Brand") to the subscription offers proposed by E-POP STORE allowing the distribution, marketing and sale of products via a phygital solution in points of display.
Validation of the Terms and Conditions constitutes full and complete acceptance by the Brand.
2. Definitions
- E-POP STORE: Company publishing the phygital solution, enabling the presentation, referencing, ordering and purchase of the Brand's products via QR code.
- Brand: Manufacturer, distributor or rights holder authorizing the marketing of its products via
E-POP STORE.
- Package / Subscription: Access plan to the services offered by E-POP STORE
- Exhibition Point: Salon, institute, boutique, concept store or any physical location using the E-POP STORE solution.
3. Application of the General Terms and Conditions of Sale
These General Terms and Conditions prevail over any document emanating from the Brand.
Any contrary condition is deemed unwritten, unless otherwise agreed in writing by E-POP STORE.
4. Description of included services
Depending on the chosen plan, the Subscription may include:
- product listing in the E-POP STORE catalogue.
- automatic assignment of each order to the Display Point,
- generation and supply of smart QR codes
- managing end-customer cash collection on behalf of third parties,
- payment to the Brand of the amount due,
- performance reporting (scans, orders, conversions),
- sales materials, help sheets, documentation,
- operational assistance and support.
Details of each package are shown on the corresponding subscription page.
5. Rates – Billing – Review
Prices are expressed in euros excluding taxes.
Billing takes place:
- monthly, or
- quarterly, when offered.
The Brand receives the invoice upon subscription and at each renewal.
- E-POP STORE may revise its prices at any time.
- Any price change must be notified to the Brand at least 30 days in advance.
application.
- The Brand is free to terminate before the new tariff comes into effect.
6. Duration – Renewal
The subscription becomes effective upon validation of the order.
It is concluded for a minimum period of one (1) month and is tacitly renewed for identical periods, unless terminated under the conditions provided for in Article 7.
7. Termination
The Brand may terminate the Subscription at any time by simple written notification
(email), the cancellation taking effect at the end of the current billing period.
In the event of a serious breach (non-conformity of products, cessation of shipment, damage to image, fraud, etc.), E-POP STORE may suspend or terminate the Subscription after a formal notice has remained unsuccessful for ten (10) days.
No partial refund can be demanded in the event of early termination.
8. Brand Obligations
The Brand is committed to:
- Orders are shipped within 48 to 72 business hours.
- to deliver compliant, new, regulated and traceable products,
- provide all required elements: visuals, descriptions, composition, certificates,
- to keep up-to-date pricing, variants, availability and product information,
- respect the pricing policy communicated to E-POP STORE.
The Brand guarantees the truthfulness, conformity and accuracy of the information provided.
9. Collection, commissions and disbursements
E-POP STORE collects payment from the end consumer on behalf of the Brand.
On each order:
- E-POP STORE receives a commission of 15% (Fifteen percent) of the pre-tax amount of the order.
- The commission due to the Point of Display is paid in full to the Brand.
- The Brand contractually undertakes to remunerate the Point of Display directly, according to the rate, terms and schedule agreed between them.
E-POP STORE does not pay any commission to the Display Point.
The obligation to pay this commission rests exclusively with the Brand.
After deduction of the E-POP STORE commission, the net balance is paid to the
Brand, usually at the end of the month, unless otherwise agreed.
10. Accountability and transparency regarding the Exposure Point Commission
E-POP STORE:
- does not intervene in the setting, negotiation or modification of the commission due to the Exhibition Point,
- is not responsible for its payment, its delay, its amount or any related dispute.
The Brand guarantees:
- to assume this obligation alone,
- to indemnify E-POP STORE against any claim from a Display Point,
- provide all proof of payment upon request.
The Brand informs E-POP STORE of the commission rate applied in order to guarantee commercial transparency.
11. Regulatory Compliance – Product Liability
The Brand assumes sole legal, health and regulatory responsibility for
products sold via E-POP STORE.
It guarantees, in particular:
- legal compliance in each country of broadcast
- the conformity of ingredients, labeling, claims and certifications.
E-POP STORE acts as a technical and commercial intermediary.
He cannot be held responsible:
- of a non-compliant product,
- due to a defect, an allergy, or an incident during use,
- of an error in composition, description or allegation.
12. Delivery, returns, exchanges and after-sales service
The brand takes full responsibility for:
- the preparation,
- the expedition,
- the returns,
- the exchanges,
- legal guarantees,
- the handling of any product-related complaints.
E-POP STORE can forward customer requests, but is not responsible for their operational processing.
13. Usage Rights
The Brand authorizes E-POP STORE to use, reproduce, distribute and adapt:
- visuals,
- logos,
- product descriptions,
- packshots,
- videos,
for any promotion of its products via the solution, QR codes, catalogues, sales pages, digital media, email campaigns or trade shows.
14. Data
Data related to commercial performance (scans, conversions, orders, recurrence rate) may be communicated to the Brand in anonymized or aggregated form.
The Brand prohibits any misuse of data relating to:
- E-POP STORE,
- its partners,
- its Points of Exposure,
- the users.
Any use outside the defined framework is strictly prohibited.
15. Suspension of service
E-POP STORE may suspend access to all or part of the services:
- in case of non-payment,
- failure to comply with contractual obligations,
- of non-conforming products,
- or if the customer experience is deemed insufficient.
This suspension can occur without compensation.
16. Limitation of Liability
In any event, E-POP STORE's potential liability is strictly limited:
- to the total amount of Subscriptions paid by the Brand during the last twelve (12) months.
No liability will be incurred beyond this limit.
17. Applicable Law – Jurisdiction
The terms and conditions are governed by French law.
Any dispute will be subject to the exclusive jurisdiction of the Commercial Court of
Valence (26).