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TERMS AND CONDITIONS

1. GENERAL INFORMATION – SELLER IDENTITY

These Terms and Conditions of Sale and Use (hereinafter the “Terms and Conditions” or “T&Cs”) govern all legal relationships between:

ENROUSH BENELUX BV, a company duly incorporated and existing under the laws of the Netherlands, having its registered office at Westerplantage 5, 8911 DC Leeuwarden, The Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel – KvK) under number 96171251,
(hereinafter referred to as the “Company”, the “Seller”, or “ENROUSH”),

and

any natural or legal person accessing, browsing, registering on, or purchasing Products through the website www.enroush.fr,
(hereinafter referred to as the “User”, “Customer”, or “Buyer”).

Official contact details of the Company:
📧 contact@enroush.fr

2. SCOPE OF APPLICATION

These Terms and Conditions govern, without limitation or reservation:

  • access to and use of the website www.enroush.fr (the “Website”);
  • distance sales of Products offered by the Company;
  • rights and obligations of the Parties in connection with:
    • Orders,
    • distance sales Contracts,
    • Subscriptions,
    • ancillary services,
    • and any digital interaction with the Company.

They apply to any use of the Website and any Order, regardless of any other document, unless expressly agreed otherwise in writing by the Company.

Any conflicting terms proposed by the User shall be unenforceable unless expressly accepted in writing by the Company.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

Use of the Website, creation of a customer account, subscription to communications, validation of an Order, or conclusion of a Subscription implies full, unconditional, and irrevocable acceptance of these Terms and Conditions.

Acceptance is evidenced in particular by:

  • browsing the Website;
  • validating an Order;
  • ticking the checkbox “I accept the Terms and Conditions”.

If the User does not accept these Terms and Conditions, they must immediately cease using the Website.

4. AMENDMENTS TO THE TERMS AND CONDITIONS

The Company reserves the right to amend, update, or modify these Terms and Conditions at any time, at its sole discretion.

The applicable Terms and Conditions are those:

  • in force at the time of Website use; or
  • in force on the date the Order is placed.

Any amendment becomes binding upon publication on the Website.
Users are responsible for reviewing the applicable version regularly.

5. LEGAL CAPACITY – MINIMUM AGE

The Website and Products are intended exclusively for persons:

  • at least 18 years of age;
  • with full legal capacity.

By using the Website or placing an Order, the User represents and warrants compliance with these requirements.

The Company reserves the right to cancel any Order placed by a minor or legally incapable person.

6. DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

  • User: any person browsing the Website, with or without an account.
  • Buyer / Consumer: any natural person acting for non-professional purposes who places an Order.
  • Professional Customer: any natural or legal person acting within the scope of a business activity.
  • Website: the website www.enroush.fr.
  • Online Store: the section of the Website dedicated to the presentation and sale of Products.
  • Product: any good or service offered for sale by the Company.
  • Order: a firm request to purchase one or more Products.
  • Contract: a distance sales contract concluded between the Company and the Buyer.
  • Subscription: a recurring delivery contract for Products.
  • Customer Account: a personal online account accessible via login credentials.
  • Force Majeure: an unforeseeable, irresistible, and external event preventing performance.
  • Legal Warranty of Conformity: the statutory warranty under Articles L.217-3 et seq. of the French Consumer Code.
  • Hidden Defect: a defect as defined under Articles 1641 et seq. of the French Civil Code.

7. ACCESS TO THE WEBSITE

Access to the Website is free of charge, excluding costs related to internet access and equipment, which remain the User’s sole responsibility.

The Company endeavors to ensure continuous access but shall not be liable for:

  • temporary interruptions;
  • maintenance operations;
  • technical malfunctions;
  • unavailability beyond its control.

The Company reserves the right to suspend or restrict access to the Website at any time without notice.

8. AUTHORIZED USE OF THE WEBSITE

Users agree to use the Website:

  • in compliance with applicable laws;
  • in accordance with these Terms and Conditions;
  • in good faith.

Any use of the Website for:

  • unlawful purposes;
  • fraudulent activities;
  • infringement of third-party or Company rights;
  • unauthorized commercial solicitation;
  • security breaches,

is strictly prohibited.

9. USER CONTENT – INTERACTIONS

Certain sections of the Website allow Users to submit content (reviews, comments, messages).

Users warrant that any submitted content:

  • is lawful;
  • does not infringe third-party rights;
  • contains no defamatory, abusive, obscene, misleading, or illegal statements.

The Company reserves the right to remove any non-compliant content without prior notice.

10. INTELLECTUAL PROPERTY

All elements of the Website, including but not limited to:

  • text,
  • images,
  • graphics,
  • logos,
  • trademarks,
  • databases,
  • software,
  • structure and layout,

are protected by intellectual property laws and remain the exclusive property of the Company or its partners.

Any unauthorized reproduction, representation, adaptation, or exploitation constitutes infringement.

11. LIMITED LICENSE

The Company grants the User a limited, personal, non-exclusive, non-transferable, and non-commercial right to use the Website solely in accordance with these Terms and Conditions.

12. ONLINE STORE – GENERAL DESCRIPTION

The Company provides an online store accessible through the Website, enabling Users to browse, select, and purchase Products offered by ENROUSH by means of distance communication.

The Online Store includes, in particular:

  • descriptions and essential characteristics of Products;
  • applicable prices;
  • available payment methods;
  • delivery options and costs;
  • promotional offers;
  • Subscription options, where applicable.

The Company reserves the right to modify the assortment of Products offered for sale at any time, without any obligation to maintain Products previously listed.

13. LEGAL NATURE OF PRODUCT LISTINGS

All information displayed in the Online Store constitutes an invitation to treat (invitatio ad offerendum) and does not constitute a binding contractual offer.

The Buyer’s Order constitutes a binding purchase offer submitted to the Company.

No Contract shall be deemed concluded until the Company has expressly accepted the Order in accordance with these Terms and Conditions.

14. PRODUCT AVAILABILITY

Products are offered subject to availability.

In the event of total or partial unavailability of a Product after an Order has been placed:

  • the Buyer shall be informed as soon as reasonably possible;
  • the Company may propose a substitute Product of equal or superior quality and value;
  • if the Buyer refuses the substitute Product, the Order shall be cancelled and fully refunded.

The Company shall not be liable for stock shortages beyond its reasonable control.

15. CUSTOMER ACCOUNT

The Buyer may:

  • create a Customer Account; or
  • place an Order as a guest, without registration.

Creation of a Customer Account requires the Buyer to provide accurate, complete, and up-to-date information.

Login credentials are strictly personal and confidential.
The Buyer is solely responsible for all actions carried out via their Customer Account.

The Company shall not be liable for any unauthorized use of a Customer Account resulting from the Buyer’s failure to safeguard login credentials.

16. ORDER PROCESS

To place an Order, the Buyer must follow the steps below:

  1. Select Products and add them to the shopping cart
  2. Review cart contents (Products, quantities, prices)
  3. Enter billing and delivery details
  4. Select delivery method
  5. Select payment method
  6. Review the Order summary
  7. Confirm the Order with an obligation to pay

Before final confirmation, the Buyer may correct any errors.

Final confirmation of the Order constitutes:

  • acceptance of these Terms and Conditions;
  • a firm obligation to pay the total price.

17. ORDER CONFIRMATION AND ACCEPTANCE

Upon receipt of an Order, the Company sends an email acknowledging receipt of the Order.

This acknowledgment does not constitute acceptance of the Order.

The Contract is concluded only when:

  • the Company sends an explicit Order acceptance confirmation by email; or
  • the Products are dispatched.

The Company reserves up to seven (7) calendar days to accept or reject an Order.

18. RIGHT TO REFUSE ORDERS

The Company reserves the right to refuse any Order, without incurring liability, including but not limited to the following cases:

  • suspected fraud;
  • Order placed by a minor;
  • incomplete or inaccurate customer information;
  • payment incident or refusal;
  • prolonged unavailability of Products;
  • manifest pricing error;
  • abusive or inappropriate Buyer behavior;
  • breach of these Terms and Conditions.

If payment has already been made, all amounts received shall be refunded in full.

19. SHOPPING CART DISCLAIMER

Products added to the shopping cart:

  • do not constitute a reservation;
  • do not guarantee availability;
  • do not constitute an Order until final validation.

20. PRICES

All prices are stated in euros (€) and include all applicable taxes (including VAT).

Delivery fees, processing fees, or any additional charges are displayed separately before Order confirmation.

The applicable price is the one displayed at the time the Order is placed.

21. MANIFEST PRICING ERRORS

Despite best efforts, pricing errors may occur.

In the event of an obvious, derisory, or manifest pricing error:

  • the Company reserves the right to cancel the Order;
  • the Buyer shall be informed promptly;
  • any amounts paid shall be refunded in full.

The Company is not obliged to honor a price that is clearly erroneous, even after Order confirmation.

22. PRICE MODIFICATIONS

The Company reserves the right to modify prices at any time.

Price changes shall not affect Orders already accepted.

23. PAYMENT METHODS

Payment is due immediately upon Order confirmation.

Available payment methods may include:

  • credit or debit card;
  • payment via a secure authorized payment service provider (e.g., Stripe);
  • any other method displayed on the Website.

The Company reserves the right to modify available payment methods at any time.

24. PAYMENT SECURITY

Payments are processed by certified third-party payment providers.

The Company:

  • does not store payment card data;
  • does not have access to confidential banking information.

The Company shall not be liable for failures attributable to payment service providers.

25. PAYMENT INCIDENTS

If a payment is refused or fails:

  • the Order shall be automatically cancelled;
  • no Products shall be dispatched.

The Company reserves the right to suspend or terminate a Customer Account in the event of repeated payment incidents.

26. INVOICING

An invoice is issued for each accepted Order.

Invoices are provided:

  • electronically; and/or
  • enclosed with the delivery.

The Buyer must ensure that all billing information provided is accurate and complete.

27. STORAGE AND ARCHIVING OF CONTRACTS

Contracts concluded between the Parties are stored by the Company on a reliable and durable medium.

They may be accessed:

  • by the Buyer via their Customer Account (if applicable);
  • by competent authorities upon lawful request.

28. COMMUNICATION WITH THE BUYER

For the purposes of Order processing and Contract performance, the Company may contact the Buyer:

  • by email;
  • by telephone;
  • via the Customer Account interface.

29. DELIVERY – GENERAL PROVISIONS

Products are delivered to the address provided by the Buyer at the time the Order is placed (the “Delivery Address”).

The Buyer is solely responsible for:

  • the accuracy and completeness of the Delivery Address;
  • ensuring access to the Delivery Address.

The Company shall not be liable for delivery delays or failures resulting from incorrect, incomplete, or inaccessible Delivery Addresses.

30. DELIVERY METHODS AND CARRIERS

Deliveries are performed by independent third-party carriers selected by the Company.

Available delivery methods, estimated delivery times, and applicable delivery fees are displayed during the Order process.

The Company reserves the right to:

  • change carriers at any time;
  • split Orders into multiple shipments;
  • adapt delivery methods due to logistical constraints.

31. DELIVERY TIMES

Delivery times are indicative only unless expressly stated otherwise.

Orders placed:

  • on Saturdays, Sundays, or public holidays are processed on the next business day;
  • after the daily cut-off time may be processed the following business day.

Delivery delays alone shall not entitle the Buyer to cancel the Order or claim compensation, except where mandatory law provides otherwise.

32. SIGNIFICANT DELIVERY DELAYS

In accordance with Article L.216-2 of the French Consumer Code, in the event of a significant delay, the Buyer may:

  • formally request the Company to perform delivery within an additional reasonable period;
  • terminate the Contract if delivery does not occur within that period.

In such cases, all amounts paid shall be refunded within fourteen (14) days.

33. TRANSFER OF RISK

In accordance with Article L.216-4 of the French Consumer Code, the risk of loss or damage to Products transfers to the Buyer:

  • when the Buyer, or a third party designated by the Buyer other than the carrier, takes physical possession of the Products.

Where the Buyer appoints a carrier not proposed by the Company, the risk transfers upon handover of the Products to that carrier, without prejudice to the Buyer’s rights against such carrier.

34. RECEIPT OF PRODUCTS

Upon delivery, the Buyer must immediately verify:

  • the condition of the package;
  • the conformity of the Products delivered.

Any visible damage, missing items, or anomalies must be:

  • reported to the carrier;
  • noted in writing on the delivery slip;
  • notified to the Company without undue delay.

35. UNDELIVERED OR UNCLAIMED PARCELS

If the Buyer is absent at the time of delivery:

  • the carrier may leave a delivery notice;
  • the Buyer must collect or rearrange delivery within the carrier’s specified timeframe.

Failure to do so may result in the parcel being returned to the Company.

In such cases:

  • the Order may be deemed terminated;
  • the Products shall be refunded excluding delivery fees;
  • additional costs may be charged to the Buyer.

36. LOST PARCELS

A parcel shall be deemed lost after the carrier’s investigation period has expired, generally twenty-one (21) business days.

No replacement or refund shall be issued before the investigation period has elapsed.

37. SUBSCRIPTIONS – GENERAL PRINCIPLES

The Company offers Subscription plans allowing recurring delivery of Products at predefined intervals.

By subscribing, the Buyer expressly authorizes the Company to:

  • automatically generate recurring Orders;
  • charge the registered payment method for each Subscription Order.

38. SUBSCRIPTION TERMS AND DURATION

Subscriptions may be entered into for durations such as:

  • one (1) month;
  • two (2) months;
  • four (4) months;
  • six (6) months,

as specified on the Website.

Subscriptions generally include a minimum commitment of three (3) deliveries, unless expressly stated otherwise.

39. SUBSCRIPTION PRICING

Subscriptions may include:

  • discounted pricing;
  • exclusive benefits.

Such benefits are conditional upon compliance with the minimum commitment period.

Amounts charged under a Subscription may vary due to:

  • price updates;
  • applicable taxes;
  • delivery costs.

40. SUBSCRIPTION TERMINATION

The Buyer may terminate a Subscription:

subject to:

  • fulfillment of the minimum delivery commitment;
  • a fourteen (14) day notice period prior to the next billing cycle.

41. EARLY TERMINATION AND PRICE ADJUSTMENT

If the Buyer terminates a Subscription before fulfilling the minimum commitment:

  • all Subscription discounts shall be revoked;
  • delivered Products shall be recalculated at standard unit prices;
  • any price difference may be charged to the Buyer.

42. SUBSCRIPTION SUSPENSION OR INTERRUPTION

The Company reserves the right to suspend or terminate a Subscription in the event of:

  • payment failure;
  • suspected fraud;
  • breach of these Terms and Conditions.

43. PROMOTIONS – GENERAL TERMS

The Company may offer:

  • promotional codes;
  • discount vouchers;
  • referral programs;
  • limited-time offers.

Promotions are:

  • personal;
  • non-transferable;
  • valid for a limited time only.

44. USE OF PROMOTIONS

Unless otherwise stated:

  1. Promotions cannot be combined
  2. Promotions must be applied at checkout
  3. Promotions are valid only in the designated country
  4. Promotions are non-refundable and non-redeemable for cash

The Company reserves the right to cancel Promotions in cases of misuse or fraud.

45. MODIFICATION OR TERMINATION OF PROMOTIONS

The Company reserves the right to modify or discontinue any Promotion at any time, without prior notice, subject to applicable law.

46. GENERAL WARRANTY PROVISIONS

All Products sold by the Company benefit from the mandatory legal warranties provided under applicable law, independently of any commercial warranty that may be granted.

Nothing in these Terms and Conditions shall:

  • exclude,
  • limit,
  • or restrict

the statutory rights of the Buyer as a consumer.

47. LEGAL WARRANTY OF CONFORMITY

Pursuant to Articles L.217-3 to L.217-20 of the French Consumer Code, the Seller is required to deliver Products that conform to the Contract.

A Product is deemed to be in conformity if it:

  • corresponds to the description given on the Website;
  • possesses the qualities presented or advertised;
  • is fit for the purpose ordinarily expected of goods of the same type;
  • has the qualities a consumer may reasonably expect given the nature of the Product and public statements made by the Seller or manufacturer.

The legal warranty of conformity applies for a period of two (2) years from delivery of the Product.

48. PRESUMPTION OF NON-CONFORMITY

Any lack of conformity that appears within twenty-four (24) months of delivery is presumed to have existed at the time of delivery, unless proven otherwise.

The Buyer is not required to prove the existence of the defect during this period.

49. BUYER’S REMEDIES IN CASE OF NON-CONFORMITY

In the event of a lack of conformity, the Buyer is entitled to request, at no cost:

  • repair of the Product; or
  • replacement of the Product.

If repair or replacement is impossible or disproportionate, the Buyer may request:

  • an appropriate price reduction; or
  • termination of the Contract and full refund.

50. LIMITATIONS TO THE LEGAL WARRANTY OF CONFORMITY

The legal warranty of conformity does not apply where the defect results from:

  • improper use of the Product;
  • normal wear and tear;
  • unauthorized modification or alteration;
  • failure to follow usage instructions;
  • damage caused by an external factor.

51. WARRANTY AGAINST HIDDEN DEFECTS

Pursuant to Articles 1641 to 1649 of the French Civil Code, the Seller is liable for hidden defects affecting the Product.

A hidden defect is one that:

  • was not apparent at the time of purchase;
  • renders the Product unfit for its intended use;
  • or significantly diminishes its usability.

The Buyer has two (2) years from discovery of the hidden defect to bring a claim.

52. REMEDIES FOR HIDDEN DEFECTS

In the event of a hidden defect, the Buyer may choose between:

  • rescission of the sale (return of the Product and full refund); or
  • retention of the Product with a partial refund.

53. PRODUCTS WITHOUT COMMERCIAL WARRANTY

Certain Products, including but not limited to:

  • intimate hygiene Products;
  • consumable Products;
  • sealed Products,

do not benefit from any commercial warranty, without prejudice to mandatory legal warranties.

54. DEFECTIVE OR UNSAFE PRODUCTS

A Product is considered defective if it does not provide the safety that a person is entitled to expect, taking into account:

  • its presentation;
  • its normal or foreseeable use;
  • any instructions or warnings provided.

The Company shall not be liable where the defect results from:

  • misuse;
  • improper storage;
  • modification after delivery;
  • failure to follow safety instructions.

55. BUYER’S OBLIGATION TO FOLLOW INSTRUCTIONS

The Buyer is required to:

  • carefully read all instructions and warnings;
  • use Products strictly in accordance with their intended purpose;
  • refrain from any misuse.

Failure to comply may result in loss of warranty rights.

56. COMPLAINTS PROCEDURE

Any complaint relating to a Product must be submitted to the Company:

The complaint must include:

  • the Order number;
  • a clear description of the issue;
  • supporting evidence where applicable (photos, videos).

57. TIMEFRAME FOR NOTIFICATION

The Buyer undertakes to notify the Company of any non-conformity or defect:

  • within a reasonable time;
  • and no later than fourteen (14) calendar days after discovery.

Failure to comply may justify refusal of remedial action where permitted by law.

58. RETURN OF DEFECTIVE PRODUCTS

Returns of allegedly defective Products require prior authorization.

Products must be returned:

  • in their original condition;
  • with original packaging;
  • including all accessories.

Return costs are borne by the Company only where the defect is confirmed.

59. REMEDIAL MEASURES

Depending on the circumstances, the Company may:

  • repair the Product;
  • replace the Product;
  • partially or fully refund the purchase price.

The chosen remedy shall take into account:

  • cost implications;
  • feasibility;
  • the Buyer’s legitimate interests.

60. PERSONALIZED OR HYGIENE PRODUCTS

Personalized Products and hygiene-sealed Products:

  • cannot be returned or exchanged;
  • except in the event of a proven defect.

61. PRODUCT-RELATED LIABILITY

To the extent permitted by law, the Company’s liability is limited to:

  • repair;
  • replacement; or
  • refund of the defective Product.

The Company shall not be liable for indirect or consequential damages, except where mandatory law provides otherwise.

62. PRINCIPLE OF THE RIGHT OF WITHDRAWAL

In accordance with Articles L.221-18 et seq. of the French Consumer Code, a Buyer acting as a consumer has the right to withdraw from the Contract without giving any reason, within a period of fourteen (14) calendar days.

The right of withdrawal applies exclusively to distance contracts concluded between a professional and a consumer.

63. COMMENCEMENT OF THE WITHDRAWAL PERIOD

The withdrawal period shall commence:

  • on the day the Buyer, or a third party designated by the Buyer other than the carrier, takes physical possession of the Product;
  • where an Order covers multiple Products delivered separately, on the day the last Product is received;
  • where Products are delivered regularly over a defined period, on the day the first Product is received.

Each delivery shall trigger a separate withdrawal period when Products are delivered successively under a single Order.

64. EXERCISE OF THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal, the Buyer must notify the Company of their decision before the expiration of the withdrawal period, by means of a clear and unequivocal statement.

Notification may be made:

  • by email to contact@enroush.fr; or
  • via the return or withdrawal form made available on the Website.

The burden of proof for exercising the right of withdrawal lies with the Buyer.

65. NO FORMAL REQUIREMENTS

Use of the statutory withdrawal form is not mandatory.

Any written statement that clearly expresses the Buyer’s intention to withdraw shall be sufficient.

66. BUYER’S OBLIGATIONS UPON WITHDRAWAL

Where the right of withdrawal is exercised, the Buyer must:

  • return the Products without undue delay; and
  • no later than fourteen (14) calendar days following notification of withdrawal.

Returned Products must be:

  • unused;
  • unopened;
  • complete;
  • in their original condition;
  • in their original packaging, with seals intact where applicable.

67. RETURN COSTS

Unless expressly stated otherwise, return shipping costs are borne exclusively by the Buyer.

Initial delivery costs are non-refundable, except where mandatory law requires otherwise.

68. LIABILITY FOR DIMINISHED VALUE

The Buyer is liable for any diminished value of the Products resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Products.

Any depreciation may result in a proportionate reduction of the refunded amount.

69. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to Contracts concerning:

  1. Products made to the Buyer’s specifications or clearly personalized;
  2. Sealed Products which are not suitable for return for health protection or hygiene reasons once unsealed after delivery;
  3. Intimate hygiene Products and consumable Products once opened.

These exclusions are expressly accepted by the Buyer at the time of placing the Order.

70. WITHDRAWAL AND SUBSCRIPTIONS

The right of withdrawal applies to Subscription Contracts in accordance with applicable law.

However, where a Subscription includes price advantages conditional upon a minimum number of deliveries (notably three (3) deliveries), early withdrawal or termination results in:

  • forfeiture of Subscription discounts;
  • retroactive recalculation of delivered Products at standard unit prices;
  • invoicing of any resulting price difference, where applicable.

71. EFFECTS OF WITHDRAWAL

Where withdrawal is validly exercised:

  • the Contract shall be terminated by operation of law;
  • the Parties’ reciprocal obligations shall cease;
  • the Company shall reimburse amounts paid, subject to the provisions below.

72. REFUND TERMS

The Company shall refund the Buyer:

  • within fourteen (14) days from receipt of the returned Products; or
  • from receipt of proof of return shipment, whichever occurs first.

Refunds shall be made using the same payment method used for the original transaction, unless expressly agreed otherwise.

73. WITHHOLDING OF REFUND

The Company reserves the right to withhold reimbursement until:

  • the Products are received and inspected; or
  • valid proof of return shipment is provided.

74. NON-COMPLIANT RETURNS

No refund shall be issued where:

  • the Product has been used;
  • the Product has been unsealed where hygiene sealing applies;
  • the Product is damaged or incomplete;
  • the original packaging is missing or damaged.

In such cases, the Product may be returned to the Buyer at the Buyer’s expense.

75. UNAUTHORIZED OR LATE RETURNS

Any return made:

  • without prior withdrawal notification;
  • after expiration of the withdrawal period;
  • in breach of these Terms and Conditions,

may be refused without reimbursement.

76. NO STANDARD EXCHANGE POLICY

Unless expressly stated otherwise, the Company does not offer standard product exchanges.

Any replacement requires a separate new Order.

77. PROOF OF RETURN

The Buyer is responsible for retaining proof of return shipment.

The Company shall not be liable for loss or damage occurring during return transit attributable to the carrier.

78. CUSTOMER REVIEWS – GENERAL PRINCIPLES

The Website may allow Users to submit reviews, ratings, comments, questions, or other content relating to Products or services (the “Reviews”).

The purpose of Reviews is to:

  • inform other consumers;
  • improve Products and services offered by the Company.

Reviews express solely the personal opinions of their authors and do not constitute statements or commitments by the Company.

79. CONDITIONS FOR SUBMITTING REVIEWS

By submitting a Review, the User represents and warrants that:

  • the Review reflects a genuine and personal experience;
  • the Review is accurate, truthful, and not misleading;
  • the Review does not infringe the rights of third parties;
  • the Review does not contain defamatory, abusive, obscene, discriminatory, or unlawful content.

Reviews must not include:

  • personal contact details;
  • hyperlinks or promotional content;
  • references to competing products or services;
  • advertising, solicitation, or spam.

80. MODERATION OF REVIEWS

The Company reserves the right, without prior notice, to:

  • moderate;
  • edit;
  • refuse publication of;
  • remove

any Review that does not comply with these Terms and Conditions or applicable law.

Reviews are generally published within three (3) business days, subject to moderation.

81. LICENSE TO USE USER-GENERATED CONTENT

By submitting Reviews or other content on the Website, the User grants the Company a:

  • non-exclusive;
  • royalty-free;
  • perpetual;
  • irrevocable;
  • worldwide

license to use, reproduce, display, publish, translate, adapt, modify, distribute, and exploit such content, on any medium, for commercial or non-commercial purposes.

No financial compensation shall be due to the User for such use.

82. LIMITATION OF LIABILITY – WEBSITE USE

The User acknowledges that use of the Website is at their own risk.

To the fullest extent permitted by law, the Company does not guarantee:

  • uninterrupted or error-free access to the Website;
  • absence of technical defects or viruses;
  • compatibility with all devices or browsers.

The Company shall not be liable for:

  • any direct or indirect damage resulting from use of the Website;
  • data loss;
  • system failures;
  • cyberattacks or external intrusions beyond its reasonable control.

83. LIMITATION OF LIABILITY – PRODUCTS

Subject to mandatory legal warranties, the Company’s liability in connection with any Product is strictly limited to:

  • repair;
  • replacement; or
  • refund of the Product concerned.

The Company shall not be liable for:

  • indirect damages;
  • loss of profit;
  • loss of business;
  • loss of opportunity;
  • non-material damages,

except where such limitation is prohibited by mandatory law.

84. THIRD-PARTY WEBSITES AND LINKS

The Website may contain links to third-party websites.

The Company:

  • has no control over such websites;
  • does not endorse their content;
  • assumes no responsibility for their legality, accuracy, or security.

Any interaction with third-party websites is undertaken at the User’s own risk.

85. PERSONAL DATA PROTECTION

Personal data is collected and processed in accordance with:

  • Regulation (EU) 2016/679 (GDPR);
  • applicable French data protection laws;
  • the Company’s Privacy Policy available on the Website.

Users have the right to:

  • access;
  • rectification;
  • erasure;
  • restriction;
  • portability;
  • objection.

Requests may be sent to: contact@enroush.fr.

86. COMMERCIAL COMMUNICATIONS AND CONFIDENTIALITY

The Company may use User data:

  • to perform the Contract;
  • for marketing purposes, subject to prior consent.

Users may withdraw consent at any time.

Payment data is never stored by the Company.

The Buyer undertakes not to disclose any confidential information received from the Company to third parties.

87. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance resulting from a force majeure event, as defined by French case law.

Force majeure events include, but are not limited to:

  • natural disasters;
  • fires;
  • strikes;
  • pandemics;
  • governmental actions;
  • network or infrastructure failures.

88. SUSPENSION AND TERMINATION DUE TO FORCE MAJEURE

Where a force majeure event persists for more than thirty (30) days, either Party may terminate the Contract without compensation.

89. CONSUMER MEDIATION

In accordance with Article L.612-1 of the French Consumer Code, the Buyer may resort free of charge to a consumer mediation service to resolve any dispute amicably.

Mediator contact details are available on the Website.

90. GOVERNING LAW

These Terms and Conditions are governed by Dutch law.

However, pursuant to Regulation (EC) No. 593/2008 (Rome I), consumers residing in France benefit from mandatory provisions of French consumer law.

91. JURISDICTION

In the event of a dispute:

  • the consumer Buyer may bring proceedings before the competent French courts;
  • the Company reserves the right to bring proceedings before any competent court.

92. SEVERABILITY

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

93. WAIVER

Failure by the Company to enforce any provision shall not constitute a waiver of its right to enforce such provision later.

94. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the Parties and supersede any prior agreement or understanding.

95. CONTACT DETAILS

ENROUSH BENELUX BV
Westerplantage 5
8911 DC Leeuwarden
The Netherlands
KvK: 96171251
📧 contact@enroush.fr

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