Terms of sale

ARTICLE 1 - Scope

These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by CrosAutoEntreprise ("the Seller") to consumers and non-professional buyers ("the Customers or the Customer") wishing to acquire the products offered for sale by the Seller ("the Products") on the website https://getpulsax.com.

They specify, in particular, the conditions of ordering, payment, delivery, and management of any returns of the Products ordered by the Customers.

These Terms and Conditions of Sale may be supplemented by special conditions, stated on the website, prior to any transaction with the Customer.

These Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to in-store sales or through other distribution and marketing channels.

They are accessible at all times on the website https://getpulsax.com and will prevail, where applicable, over any other version or any other contradictory document.

As these Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the website https://getpulsax.com are as follows:

  • Portable electric massage devices (percussion devices, rollers, balls)

  • Air compression devices for legs and feet

  • Massage accessories with a heating function

  • LED light equipment for home use (mats, panels, masks)

  • Massage devices for different areas of the body

  • Textile compression accessories

  • Transport and storage products

The main characteristics of the Products, and in particular the specifications, illustrations, and indications of the dimensions or capacity of the Products, are presented on the website https://getpulsax.com.

The Customer is required to read them before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website https://getpulsax.com are not contractual and shall not engage the Seller's liability.

The Customer is required to refer to the description of each Product in order to know its properties, its essential features, and the delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.

The contractual information is presented in English and is confirmed at the latest at the time the Customer validates the order.

ARTICLE 3 - Validity period of the Product offer

The Product offers are valid within the limit of available stocks, as specified when the order is placed.

ARTICLE 4 - Seller's contact details

The Seller's contact details are as follows:

CrosAutoEntreprise 

40 rue Louis Lépine, 

34470 Pérols, France 

Email: contact@getpulsax.com

Phone: +1 (203) 793-0831

This store is operated from France, and all orders are shipped from France to customers in the United States.

In accordance with applicable data protection laws, the Customer has, at any time, a right of access, rectification, objection, erasure, and portability of all of their personal data by writing, by mail and providing proof of their identity, to the Seller's address mentioned above.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and Conditions of Sale.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website https://getpulsax.com.

ARTICLE 5 - Orders

5-1 . Placing the order It is the Customer's responsibility to select on the website https://getpulsax.com the Products they wish to order, according to the following terms:

The Customer has the option to check the details of their order, its total price, and to correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and to report or correct any errors immediately.

The registration of an order on the website https://getpulsax.com is completed when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all of these Terms and Conditions of Sale as well as the terms of use of the website.

The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay, and after the Seller has collected the full price.

Any order placed, validated by the Customer, and confirmed by the Seller, under the conditions and according to the terms described above, on the website https://getpulsax.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer can track the progress of their order on the website https://getpulsax.com under the "Order Tracking" section.

The Seller does not intend to sell the Products on the website https://getpulsax.com to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 100 items.

5-2 . Modification of the order Any modifications to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the following address: contact@getpulsax.com at least 2 days before the scheduled date for shipping the order.

In the event that these modifications cannot be accepted by the Seller, any sums paid by the Customer when placing the order will be refunded within a maximum period of 30 days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to receive a credit note or an exchange).

5-3 . Cancellation of the order Orders may be cancelled by the Customer, other than through the exercise of the right of withdrawal or in the event of force majeure, at least 2 days before the scheduled date for the supply of the ordered Products, at no cost to the Customer.

ARTICLE 6 - Prices

The Products are supplied at the current prices shown on the website https://getpulsax.com when the order is registered by the Seller. Prices are expressed in US Dollars (USD), all applicable taxes included.

The prices take into account any discounts that may be granted by the Seller on the website.

These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this validity period, to modify prices at any time. They include processing, shipping, transport, and delivery costs.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 7 - Payment terms

The price is payable in full on the day the order is placed by the Customer, by secure payment, according to the following terms:

  • By credit and debit cards: Visa, MasterCard, American Express

  • PayPal, Klarna, Apple Pay

Payment by card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the refund of the corresponding sums.

ARTICLE 8 - Deliveries

The Products ordered by the Customer will be delivered within the United States. Orders are shipped from France.

The delivery time corresponds to the shipping time indicated on the Product page plus the processing and transit time. The products are delivered within an average time of 5-7 business days (Monday to Friday) to the address indicated by the Customer when placing their order on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any cause other than force majeure or the Customer's actions, the sale may be cancelled at the written request of the Customer under the applicable consumer protection law. The sums paid by the Customer will then be refunded to them no later than fourteen days following the date of cancellation of the contract, excluding any compensation or withholding.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to refund the Customer, as indicated in the article "Seller's Liability - Warranty".

The Seller bears the risks of transport and is required to refund the Customer in the event of damage caused during transport.

ARTICLE 9 - Transfer of ownership - Transfer of risk

The transfer of ownership of the Seller's Products to the Customer will only be completed after full payment of the price by the latter, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only be completed when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 10 - Right of withdrawal

The Customer has a period of thirty days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within thirty days (30 days at most following the communication of the decision to withdraw) following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, manual, etc.), allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the website https://getpulsax.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs are refunded; the return costs remaining the responsibility of the Seller.

The refund will be made within a period of fourteen days (14 days at most) from the notification to the Seller of the decision to withdraw.

ARTICLE 11 - Seller's Liability - Warranty

The Products sold on the website https://getpulsax.com comply with the regulations in force in France and have performance compatible with non-professional uses.

The Products supplied by the Seller benefit, by right and without additional payment, independently of the right of withdrawal, in accordance with the applicable legal provisions:

  • from the legal warranty of conformity, for Products that are apparently defective, damaged, or that do not correspond to the order,

  • from the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use,

under the conditions and according to the terms set out in the box below and defined in the appendix to these Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

It is recalled that, within the framework of the legal warranty of conformity, the Customer benefits from a period of two years from the delivery of the goods to act against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for by applicable law; is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to implement the warranty against hidden defects of the Product in accordance with applicable law; in this case, they may choose between rescinding the sale or reducing the sale price.

The Seller will refund or replace the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded on the basis of the invoiced rate, and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's finding of the lack of conformity or hidden defect. The refund will be made by credit to the Customer's original payment method.

The Seller's liability cannot be engaged in the following cases:

  • failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,

  • in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 12 - Protection of personal data

The personal data requested from the Customer is necessary for the processing of their order and for the preparation of invoices, in particular. This data may be communicated to any of the Seller's partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated through the website https://getpulsax.com complies with the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with applicable national and international regulations, the Customer has a permanent right of access, modification, rectification, objection, portability, and limitation of processing regarding information concerning them. For customers residing in the United States, this includes the rights granted under the California Consumer Privacy Act (CCPA), as amended by the CPRA. This right may be exercised under the conditions and according to the terms defined on the website https://getpulsax.com.

ARTICLE 13 - Intellectual property

The content of the website https://getpulsax.com is the property of the Seller and its partners and is protected by applicable laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of infringement and unfair competition.

ARTICLE 14 – Unforeseeability

These Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability for all Product sales transactions between the Seller and the Customer. The Seller and the Customer therefore each waive their right to invoke the unforeseeability regime.

ARTICLE 15 - Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure.

ARTICLE 16 - Governing law - Language

These Terms and Conditions of Sale and the transactions arising from them are governed by French law, as the Seller is established in France. They are written in English for the convenience of the Customer. This does not deprive customers residing in the United States of the mandatory consumer protection rights granted to them under the laws of their state of residence.

ARTICLE 17 - Disputes

All disputes to which the purchase and sale transactions concluded pursuant to these Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved between the seller and the customer, will be submitted to the competent courts under common law conditions.

The Customer is informed that they may in any event resort to conventional mediation or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Mediator for the site https://getpulsax.com: CM2C, 14 rue Saint Jean, 75017 Paris, France, Tel: +33 1 89 47 00 14.

ARTICLE 18 - Pre-contractual information - Customer's acceptance

The act of ordering on the website https://getpulsax.com implies full adherence to and acceptance of these Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.

 

 

APPENDICES

APPENDIX 1 - Provisions relating to legal warranties

The following provisions of the French Consumer Code and Civil Code apply because the Seller is established in France:

Article L217-4 of the French Consumer Code The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been made its responsibility by the contract or carried out under its responsibility.

Article L217-5 of the French Consumer Code To conform to the contract, the goods must:

  • Be fit for the use usually expected of similar goods and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

  • present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or its representative, in particular in advertising or labeling

  • Or present the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, made known to the seller and accepted by the latter.

Article L217-12 of the French Consumer Code Action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Article L217-16 of the French Consumer Code When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of movable goods, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.

Article 1641 of the French Civil Code The seller is bound by the warranty against hidden defects of the thing sold that render it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them.

Article 1648 paragraph 1 of the French Civil Code Action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

APPENDIX 2 - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://getpulsax.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable Terms and Conditions of Sale.

For the attention of Pulsax by email: contact@getpulsax.com

  • Order dated: ........................................................... 

  • Order number: ........................................................... 

  • Customer name: ........................................................................... 

  • Customer address: ....................................................................... 

Customer signature (only in the case of notification of this form on paper)