GENERAL CONDITIONS OF SALE

1 – OBJECT / COMPANY

These general terms and conditions of sale are concluded between, on the one hand, the company: sarl sugar with capital of 90,000€ Intra-Community Tva Number: FR33435229695 and Siret: 435 229 695 000 42 and on the other hand: people wishing to make a purchase on the website www.sugar-international.com.

2 – PRICE

The prices of products offered by SUGAR are listed in euros (€), excluding tax (HT), on the website’s product pages for informational purposes only and do not include shipping, packaging, or order processing fees. They include the VAT applicable on the date of the order. The price including all taxes (TTC), which includes the applicable VAT, is displayed in the shopping cart before the customer finalizes the order, once the shipping method has been selected.

Prices are subject to fluctuation and may be modified at any time during the year without notice. Any change in the VAT rate will be automatically reflected in the product prices. Similarly, any new environmental taxes introduced will be incorporated into the product prices.

Products are billed according to the price list in effect at the time the order is placed, subject to stock availability.

In the event of a technical malfunction resulting in the failure to apply VAT at the time of the order, any buyer located in the European Union who does not benefit from specific rates will be liable for VAT.

In this case, the order will be placed on hold and the customer will be contacted to resolve the issue. A secure payment link will then be sent to them and will remain active for twenty-four (24) hours.

After this period, if payment has not been made, a new link may be generated, with an additional charge of two euros fifty (€2.50).

3 – ORDER

SUGAR undertakes to fulfill orders while supplies last. In the event of a product being out of stock, the customer will be notified before the order is confirmed. The products remain the exclusive property of SUGAR until the order has been paid in full.

By clicking the “Confirm” button or giving your “Agreement” at the end of the ordering process, the customer declares that they accept the order as well as these General Terms and Conditions of Sale in their entirety, fully and without reservation.

The data recorded by SUGAR constitutes proof of all transactions between SUGAR and the customer. The data recorded by the payment system constitutes proof of financial transactions.

Any order that has been paid for and canceled before shipment will be refunded via the payment method used at the time of purchase. The customer may, if desired, opt for a store credit valid for one (1) year on the website instead of a refund. This choice must be confirmed in writing by the customer (via email or any other durable medium); in the absence of express confirmation, a refund will be issued by default.

Suspension of orders in case of non-payment

In the event of total or partial non-payment of an invoice by its due date, the company reserves the right to suspend any pending orders.

No orders may be shipped until all amounts due (principal, late fees, and any applicable charges) have been paid in full.

The customer may not claim compensation for this suspension.

Request for a treatment form

• f the customer did not check the box to receive a treatment form when placing the order, a stamped envelope for returning the documents will be requested after the package is shipped.

• If the customer sends their prescription via email before the package is prepared, the CERFA (treatment form) will be pre-filled and returned to the customer for finalization and signature before being sent to the CPAM.

• If the customer does not wish to send their prescription via email, SUGAR cannot be held responsible for any refusal of reimbursement due to an issue with the completion of the treatment form.

Note: All prescriptions must be sent to contact@sugar-international.com, specifying the customer’s last name, first name, and order number.

4 – RETURN OF GOODS

SUGAR is committed to providing quality service and offers customers a clear and simplified return process.

In accordance with applicable legal provisions, customers who have purchased goods or services remotely have the right of withdrawal. The customer has a period of fourteen (14) days from receipt of the order to exercise this right and request a refund.

4.1 – Exceptions to the right of withdrawal

The right of withdrawal does not apply to the following goods:

• Goods that have been opened and cannot be returned for reasons of hygiene or health protection;
• The right of withdrawal cannot be exercised for single-use items included in the Packs (individual wipes, lubricant pods, etc.) once they have been unsealed by the consumer, in accordance with Article L221-28(5) of the Consumer Code. Once unsealed, these items are excluded from any refund and cannot be considered free or complimentary: their value is deducted from the amount refunded upon cancellation of the Pack.

The reusable device included in the Pack (probe, device) remains subject to the right of withdrawal under general legal provisions, provided that it is returned complete, in its original packaging to ensure traceability, in accordance with section 4.3.

4.2 – Calculation of the time limit

The fourteen (14) day period begins on the day after delivery. If the deadline falls on a Saturday, Sunday, or public holiday, the period is extended to the next business day.

Before the expiration of this period, the customer must contact SUGAR to express their intention to withdraw. Simply returning the product or refusing to accept delivery does not constitute a valid expression of this intention.

4.3 – Returning products

The product must be returned to SUGAR no later than fourteen (14) days after the notice of withdrawal is given. The customer is responsible for return shipping costs.

The refund will be issued once the goods have been received at SUGAR’s facilities, excluding return shipping costs.

The lot number for probes and medical devices sold by SUGAR is printed exclusively on the primary packaging pouch, not on the device itself. In accordance with the traceability requirements for medical devices set forth in Regulation (EU) 2017/745, the primary packaging pouch must be retained and returned with the product. Any return of a probe without its original packaging will not allow for the regulatory traceability of the device and, as a result, cannot be accepted under the warranty or for a refund.

4.4 – Returns outside the withdrawal period

For returns made outside the legal withdrawal period, no refund will be granted if the product does not have a defect covered by an after-sales service request.

In accordance with regulations applicable to medical devices and to ensure their traceability, any returned product must be sent back in its original, intact packaging. Otherwise, the return will not be accepted.

5 – PAYMENT METHODS

SUGAR accepts payments made by credit card, bank transfer, or direct debit.

The following cards are accepted: Carte Bleue, Visa, Eurocard, and Mastercard.

Orders placed via the website and by email

Payment terms are agreed upon between SUGAR and the customer at the time the order is confirmed, subject to the conditions specified below.

• • Credit card: no processing fees are applied.
    Payment by credit card is exclusively available for orders placed via the website.
  • Bank transfer: a processing fee of 0.6% of the total amount including VAT applies to orders placed via the website.
  • Direct debit: a processing fee of 0.8% of the total amount including VAT applies to orders placed via the website.

Direct debit is set up under the conditions agreed with our billing department.

For bank transfers made from a country outside the European Economic Area (EEA), an additional fee of forty euros (€40) will be applied.

Payment deadlines and terms

Orders paid by bank transfer require a longer processing time, generally between ten (10) and fifteen (15) days.

Any order not paid within eight (8) days from its confirmation will be automatically cancelled.

6 – DELIVERY

Products are delivered to the shipping address provided by the customer during the ordering process. Orders are shipped in discreet, sturdy packaging to ensure the products are protected. There are no external markings that reveal the contents of the package.

Applicable shipping rates are available on the website at the time of ordering. Goods are shipped via the shipping method selected by the customer during the order process.

Upon receipt of the package, the customer is required to check the condition of the package and its contents in the presence of the delivery person and, if necessary, to make the necessary reservations about the products themselves, and not about the external condition of the package. In accordance with Article 10, any claim relating to damage found must be reported to SUGAR within forty-eight (48) hours of receipt.

In the event of a package being returned due to an error or negligence on the part of the customer (incorrect address, no name on the mailbox, absence when the carrier arrives, failure to collect the package within the allotted time, etc.), the costs of reshipping will be borne by the customer and must be paid before any new shipment is made.

SUGAR cannot be held responsible for delivery delays resulting from strikes, exceptional weather conditions, or any other unforeseen legal circumstances affecting the transport of goods and merchandise.

The delivery times listed do not include the internal order processing time.

Delivery times within mainland France are generally a minimum of seventy-two (72) hours, and can be up to ninety (90) days for international shipments.

Note: Delivery times are no longer guaranteed by carriers.

Since shipping labels are generated automatically, the customer is asked to carefully verify their contact information before confirming the order. SUGAR cannot be held liable for failed deliveries due to incorrect or incomplete information provided by the customer.

Promotional offers (such as free shipping) apply only to deliveries made within France and do not apply to international deliveries.

If the customer chooses to use their own carrier, they assume full responsibility for and tracking of the package, from its pickup at SUGAR’s premises until its final delivery.

7 – CARRIERS

SUGAR offers several options for order delivery and pickup.

For any home delivery or delivery to a pick-up point, the customer is required to provide a valid mobile phone number.

If only a landline number is provided, preventing the carrier from contacting the customer and resulting in the return of the package, SUGAR INTERNATIONAL cannot be held liable, and no claims related to this situation will be accepted.

In the event of a dispute regarding delivery (no signature, package not received despite a “delivered” status), the customer is asked to contact SUGAR within forty-eight (48) hours of the delivery date indicated by the carrier, in accordance with Article 10. 

SUGAR remains responsible for the proper execution of the delivery until the customer takes physical possession of the item, in accordance with Article L216-4 of the French Consumer Code, and will take the necessary steps with the carrier to resolve the dispute.

7.1 – Home Delivery – DPD

SUGAR cannot be held responsible for any delivery issues if the mobile phone number provided is incorrect.

In the event of a dispute, the recipient must note any reservations regarding the merchandise at the time of delivery and in the presence of the driver, and these must be recorded on the paper delivery slip. Otherwise, the merchandise will be considered delivered in good condition.

The recipient must provide the delivery person with the delivery code sent by DPD. If this code is incorrect, DPD France will not be able to complete the delivery. If the recipient has not received their code, they may, as an exception, sign the driver’s paper delivery slip.

7.2 – Home Delivery – Chronopost

SUGAR cannot be held liable for any delivery issues if the mobile phone number provided is incorrect.

In the event of a dispute, the recipient must note any reservations regarding the merchandise at the time of delivery and in the presence of the driver, and these must be recorded on the paper delivery slip. Otherwise, the merchandise will be considered delivered in good condition.

The recipient must provide the delivery person with the delivery code sent by Chronopost. If this code is incorrect, Chronopost will not be able to complete the delivery. If the recipient has not received their code, they may, as an exception, sign the driver’s paper delivery slip.

7.3 – Pickup Point Delivery – Chronopost

SUGAR cannot be held responsible for any delivery issues if the mobile phone number provided is incorrect.

If the package is not picked up within five (5) calendar days of its arrival at the Pickup Point and is returned to us, the customer will be responsible for the reshipment costs for any new delivery.

7.4 – Delivery via La Poste – Lettre Suivie, Lettre Max, or Colissimo

• Packages not delivered against signature (France): Packages not delivered against signature (France): in accordance with Article 7, SUGAR remains responsible for the proper execution of delivery until the customer takes physical possession of the item, and will take the necessary steps with the carrier if required. 
• Packages requiring signature upon delivery (International): In the event of non-receipt, the customer must submit a claim by registered letter with acknowledgment of receipt. SUGAR may then request that La Poste conduct a search. The processing time is at least forty (40) days. If the package is declared lost, a refund excluding shipping costs will be issued via the payment method used at the time of purchase. The customer may, if desired, opt for a store credit valid for one (1) year on the website instead of a refund, subject to written confirmation on their part (via email or any other durable medium).

7.5 – Click & Collect

Customers may pick up their orders directly at SUGAR’s location in Gémenos (Bouches-du-Rhône), Monday through Friday from 9:00 AM to 12:30 PM, after receiving an email confirming that their order is ready.

In an effort to reduce costs and environmental impact, products are provided without bags or additional packaging. Customers are therefore asked to bring their own container for transporting their order.

Any order not collected within 8 working days from the confirmation that it is ready for collection will be automatically cancelled and refunded.

If the customer requests to postpone the collection beyond this timeframe and the order is ultimately not collected and a refund is requested, restocking fees will be applied, with a minimum amount of €10. This amount may vary depending on the value and nature of the order.

7.6 – Pickup by a carrier designated by the customer

If the customer designates a carrier to pick up their package from our premises, the package will be provided in sturdy, discreet packaging. From the moment the carrier takes possession of the package, the customer assumes full responsibility for the package until its final delivery.

7.7 – Disputes in the event of a delivery marked as completed

f the package is marked as delivered but the customer claims not to have received it, the customer must:

1. Provide all available evidence regarding non-receipt;
2. Submit to SUGAR a sworn statement confirming non-receipt of the package.

SUGAR will review the evidence provided by the customer and, in accordance with its delivery obligation under Article L216-4 of the French Consumer Code, will propose a solution (reshipment, refund) if non-receipt is confirmed, without prejudice to any steps taken in parallel with the carrier.

7.8 – General Provisions

• Delivery times are no longer guaranteed by carriers.
• For any purchase with free shipping, SUGAR reserves the right to change the carrier selected by the customer without prior notice.
• No package will be handed over to a third party without the customer’s prior written consent.

7.9 – Frais divers

Change of delivery method
If an error is made in selecting the delivery method when confirming the order, requiring a change by our customer service team (including, if necessary, a recalculation of the order total and an adjustment of the VAT based on the destination), a flat-rate processing fee of €2.50 (including tax) will be applied.

These fees cover the administrative and accounting tasks associated with modifying the order (updating the delivery method, recalculating taxes, and, if applicable, issuing a partial refund).

Unclaimed and abandoned packages
If a package is returned to the sender after one or more unsuccessful delivery attempts, Sugar International agrees to notify the customer in writing (via email or certified mail) as soon as possible.

The customer then has 30 calendar days from the date of this notification to provide instructions (redelivery, pickup at a pickup location, etc.).

If the customer does not respond by the end of this period, the package will be considered permanently abandoned. Sugar International then reserves the right to:

• refund the price paid, less return shipping costs, storage fees, and any other expenses incurred,
• dispose of the merchandise as it sees fit, including by reselling, donating, or destroying it, without the customer being entitled to claim any compensation as a result.

Storage Fees
Starting from the date the carrier receives the returned package, and after a period of 8 calendar days following notification to the customer, storage fees may be applied.

These fees are set at €1.50 (excluding tax) per day and cover the costs of handling and storing the merchandise at Sugar International’s facilities.

These fees will be automatically deducted from any refund issued to the customer, up to the total value of the order.

No storage fees may exceed this amount.

A summary of the fees charged will be provided to the customer at the time of the refund.

8 – ORDER PROCESSING TIME

Order processing times, which depend on stock availability, are generally at least seventy-two (72) hours, calculated in business days.

• Orders placed on Friday, Saturday, or Sunday are processed starting Tuesday morning.
• Orders placed on a holiday (other than Friday, Saturday, or Sunday) will be processed on the next business day.

Orders paid by bank transfer are subject to a longer processing time, generally between ten (10) and fifteen (15) days.

9 – AFTER-SALES SERVICE

9.1 – Preliminary Checks Before Returning the Product

Before requesting a return or after-sales service, the customer is asked to perform several preliminary checks, including:

• checking that the cable being used is not defective,
• testing the probe by hand to verify that current is flowing,
• reviewing the manuals, user guides, and support documents provided by SUGAR.

The customer is informed that during menstruation or ovulation, hormonal fluctuations may reduce the sensation associated with electrostimulation without this constituting a product defect.

In case of doubt, the customer is asked to contact SUGAR’s after-sales service before returning any merchandise.

9.2 – Conditions for Acceptance of After-Sales Service

Products sold by SUGAR are covered by a commercial warranty that covers defects identified following verification by SUGAR’s quality control department.

The statutory warranties applicable to consumers remain in effect in accordance with current regulations.

• For consumer customers (B2C): The warranty is valid for a period of two (2) years from the date of product delivery, in accordance with Articles L.217-3 et seq. of the French Consumer Code.
• For business customers (B2B): The warranty is valid for a period of one (1) year from the date of delivery.

To be valid, any after-sales service request must:

• pertain to a product purchased from SUGAR,
• be accompanied by the purchase invoice,
• include the product’s batch number, if available,
• state the identity of the patient using the device when necessary for the medical device’s traceability,
• specify the nature of the defect found.

For reasons of hygiene, safety, and medical traceability:

• probes must be cleaned before return using only water and pH-neutral soap,
• cleaning with an unsuitable product may void the warranty,
• products must be returned in their original pouch, bag, or packaging (cf section 4.3),
• devices must be returned complete with their accessories (cables, batteries, instructions, etc.).

Any incomplete claim will only be processed after receipt of the missing information or items.

If the customer does not respond within 30 days of a request for additional information from SUGAR, the service claim will be closed without further action.

9.3 – Warranty Exclusions

The following are specifically excluded from after-sales service coverage:

• normal wear and tear of the product,
• damage resulting from misuse,
• deficiencies in maintenance or hygiene,
• products damaged by impact, breakage, moisture, or oxidation,
• cables that are worn or damaged,
• products returned without the original packaging when it is required (cf section 4.3),
• products that are incomplete or do not comply with the return instructions,
• defects related to a decrease in physiological sensation not resulting from a technical defect in the product.

9.4 – After-Sales Service Return Procedure

The customer must complete the after-sales service forms provided by SUGAR and include them with the return package.

Products must be shipped to the address provided by SUGAR’s after-sales service department.

Return shipping costs are initially the customer’s responsibility.

If the defect is validated by SUGAR’s quality control department, a partial reimbursement of return shipping costs may be granted, up to the cost of the standard economy shipping method typically offered by SUGAR.

Any return made without prior approval or without following this procedure may be refused.

9.5 – Processing of Returned Products

Upon receipt of the package, SUGAR’s quality control department will inspect the returned product.

The average processing time is estimated at approximately 3 weeks from the date the package is received. In exceptional cases, this period may be extended to 2 months depending on the nature of the case or the necessary inspections.

If the after-sales service claim is approved, SUGAR will, depending on the situation, prioritize:

• issuing a credit valid for 1 year on the website,
• replacing the product using this credit,
• or any other commercial solution deemed appropriate.

The initial shipping costs for the order are non-refundable once the shipping service has been provided.

Products approved for after-sales service may be sent to the manufacturer for quality analysis, product improvement, or technical evaluation.

9.6 – Refusal of After-Sales Service

If the warranty claim is denied, the customer will be informed of the reasons for the denial.

The customer will then be fully responsible for the costs of returning the product.

The product will be held for a maximum of 60 days from the date the customer is notified.

After this period, and in the absence of a response or payment of return shipping costs, the product may be considered abandoned.

Note: For business customers, it is strongly discouraged to replace the probe before returning it and receiving approval from Customer Service. In the event of early replacement and a refusal of coverage by Customer Service, SUGAR cannot be held liable.  

10 – CLAIMS

If a product is found to be damaged upon opening the package, the customer must notify SUGAR within forty-eight (48) hours of receipt and provide proof that the damage was caused during transport and not after receipt.

After this period of forty-eight (48) hours, no claims will be accepted.

SUGAR reminds customers that it is strongly advised not to use perineal rehabilitation equipment during menstruation.

Any damage to the equipment occurring during this period will not be covered by the warranty.

11 – CUSTOMER SERVICE

For any information or questions, our customer service team is here to help:

– by email: contact@sugar-international.com

– by phone: 00 33 (0)4 96 18 54 68 (Mondays, Tuesdays, and Thursdays from 9:00 AM to 12:00 PM and from 2:00 PM to 4:00 PM, and Wednesdays and Fridays from 9:00 AM to 12:00 PM)

12 – ADDITIONAL SERVICE

Original invoices for orders are available directly in the customer area of the website as soon as the package is shipped, usually within 48 to 72 hours. This measure ensures that billing data is stored securely and in compliance with the GDPR.

Any requests for duplicate invoices must be sent in writing to the email address contact@sugar-international.com. Each duplicate will be charged at eight euros (€8.00 including tax).

By using the website, the customer agrees to their invoices being archived and accessible via their customer account, in accordance with personal data protection legislation.

13 – PERSONAL INFORMATION

SUGAR undertakes not to disclose to third parties any information you provide to us. This information is confidential. It will only be used by our internal departments to process your order and to enhance and personalize communication and product offerings reserved for SUGAR customers.

This article shall not prevent the overall transfer of the company or the transfer of activities to a third party. Consequently, in accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify, and oppose any personal data concerning you. To do so, simply send us a request online or by mail, indicating your last name, first name, address, and, if possible, your customer reference number:

– by email: contact@sugar-international.com

– by mail: SUGAR INTERNATIONAL BP 51448 – 13785 AUBAGNE CEDEX.

14 – LIABILITY

The products offered comply with current French legislation and standards applicable in France.

The photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. Consequently, SUGAR cannot be held liable for any errors or omissions in any of these photographs, texts, graphics, information, or product characteristics, or in the event of changes to product characteristics by suppliers.

Of course, if you have any questions about the products, you can contact our customer service department.

SUGAR cannot be held liable for the non-performance of the contract concluded in the following cases: stock shortage or unavailability of the product, force majeure, total or partial disruption of transport and/or communications services, flooding, fire, etc…

15 – INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, and images reproduced on the websites published by SUGAR are protected by copyright and intellectual property rights worldwide.

As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under intellectual property law unless prior written authorization has been obtained from SUGAR. Any total or partial reproduction of the websites published by SUGAR is strictly prohibited.

16 – APPLICABLE RIGHTS

Disputes: This contract is governed by French law. Any dispute may be resolved through our customer service department or by calling 00 33 (0) 496 185 468.

For disputes between businesses, the courts of Marseille shall have exclusive jurisdiction. For disputes with a consumer, the consumer may, at their discretion, bring the matter before any of the courts with territorial jurisdiction under the Code of Civil Procedure, including the court of the place where they resided at the time the contract was entered into.

17 – CUSTOMER ENGAGEMENT

When you confirm your purchase on the order form, you agree to its terms and conditions as well as SUGAR’s general terms and conditions of sale, which are governed by French law and may be modified at any time without notice.

*Zone EEE : Espace Economique Européen, composé des pays suivants : Allemagne, Autriche, Belgique, Bulgarie, Chypre, Croatie, Danemark, Espagne, Estonie, Finlande, France, Grèce, Hongrie, Irlande, Islande, Italie, Lettonie, Liechtenstein, Lituanie, Luxembourg, Malte, Norvège, Pays-Bas, Pologne, Portugal, Roumanie, Royaume-Uni, Slovaquie, Slovénie, Suède, République Tchèque. Zone SEPA : Single Euro Payments Area – Espace unique de paiements en euros, composé des pays suivants : Allemagne, Autriche, Belgique, Bulgarie, Chypre, Croatie, Danemark, Espagne, Estonie, Finlande, France, Grèce, Hongrie, Irlande, Islande, Italie, Lettonie, Liechtenstein, Lituanie, Luxembourg, Malte, Monaco, Norvège, Pays-Bas, Pologne, Portugal, Roumanie, Royaume-Uni, Slovaquie, Slovénie, Suède, Suisse, République Tchèque. Zone EURO : constituée par l’Allemagne, l’Autriche, la Belgique, Chypre, l’Espagne, l’Estonie, la Finlande, la France, la Grèce, l’Irlande, l’Italie, la Lettonie, le Luxembourg, Malte, les Pays-Bas, le Portugal, la Slovaquie et la Slovénie.