TERMS OF SALE – FUNGASTIQUE
TERMS OF SALE
These Terms of Sale are governed by French law and drafted in French. The following is a courtesy translation provided for informational purposes only. In the event of any discrepancy between the French original and this translation, the French version shall prevail in all respects.
Effective from 3 March 2026
01 LEGAL NOTICE
The website(s) www.fungastique.com / www.fungastique.fr / www.fungastique.it, as defined in Article 2 below, are published by FUNGASTIQUE, also defined in Article 2 below,
LEGAL NOTICE
The website(s) are dedicated to the remote and online sale of food supplements based on fungi extracts, as defined below under "Products".
Products are listed and described — including their essential characteristics and prices — on each dedicated product page of the Site. The Client acknowledges having reviewed the essential characteristics of the Products prior to placing any Order. Visuals, photographs and illustrations of the Products on the Site are for indicative purposes only and are not contractually binding.
Products are offered subject to available stock. FUNGASTIQUE makes its best efforts to keep stock information up to date, although it cannot be entirely excluded that a Product displayed as available may prove to be out of stock.
Important: Products are not medicines and are in no way presented as such. Products are intended to supplement the diet and cannot be used as substitutes for a varied and balanced diet and a healthy lifestyle.
Use of the Site and purchase of Products are exclusively reserved for consumers — that is, adult natural persons with legal capacity to enter into contracts, acting for personal and non-commercial purposes. Use of the Site and/or purchase of Products is not permitted if you are not acting as a consumer, and in particular if you are acting for professional and/or commercial purposes, including for the purpose of reselling Products.
02 DEFINITIONS
For the purposes of these Terms of Sale, the following terms shall have the meanings set out below, whether used in the singular or plural:
"Company" or "FUNGASTIQUE": refers to the company FUNGASTIQUE, publisher of the Site and responsible for the sale of Products to the Client.
"Site(s)" or "Website(s)": refers to the website operated by the Company and accessible at www.fungastique.com / www.fungastique.fr / www.fungastique.it, enabling the Client to browse Products, place Orders and create an Account.
"Client": refers to any adult natural person acting as a consumer within the meaning of consumer protection law, who purchases one or more Products from the Company via the Site.
"Order": refers to any request to purchase Products made by the Client via the Site, in accordance with the procedure set out in these ToS, and finalised upon payment confirmation.
"Product(s)": refers to food supplements based on fungi extracts (and any other products the Company may add to its range) offered for sale on the Site.
"Account": refers to the personal space optionally created by the Client on the Site, enabling the Client to manage personal information, order history and preferences.
"Personal Data": refers to any information relating to an identified or identifiable natural person, processed by the Company in connection with the fulfilment of Orders or use of the Site.
"ToS": refers to these Terms of Sale governing the use of the Site and the sale of Products by the Company to the Client.
"Delivery": refers to the process by which Products ordered by the Client are shipped to the address provided at the time of the Order.
03 PURPOSE
These Terms of Sale (the "ToS") govern the conditions under which the Company offers Products for sale via its Website.
The ToS are accessible at all times on the Site. The version in force on the Site at the time of the Order shall prevail over any other version or conflicting document.
The Client must read these ToS carefully before using or browsing the Site, and must accept them before purchasing any Products.
Any person using or browsing the Site (a "User") expressly and unreservedly accepts these ToS. If not, the User is invited not to use or browse the Site.
04 AMENDMENTS TO THE ToS
The version of the ToS applicable to any Order is the version in force at the time the Order is confirmed by the Client and FUNGASTIQUE. Any subsequent amendments shall not apply to transactions already concluded.
FUNGASTIQUE reserves the right to amend the ToS at any time, in particular to reflect changes in law, regulation, case law, or updates to the content offered on the Site.
In the event of a material change affecting the rights and/or obligations of the Client, FUNGASTIQUE may inform the Client by any appropriate means.
The Client is invited to regularly consult the ToS available on the Site in order to stay informed of any updates.
05 ACCOUNT CREATION
Creating a client Account on the Site is not mandatory to browse the Site or make a purchase, but it allows the Client to access dedicated features such as order tracking, purchase history and personal information management.
To create an Account, the Client must provide accurate, complete and up-to-date information, and undertakes to keep it current and to promptly correct any data that becomes inaccurate or outdated. The Client may update certain information at any time via their Account.
The Client is solely responsible for the confidentiality of their login credentials and for any activity carried out from their Account. In the event of loss, misappropriation or unauthorised use of credentials, the Client undertakes to notify FUNGASTIQUE without delay, either by email at contact@fungastique.com or by registered post with acknowledgement of receipt to: 5 Avenue de l'Opéra, 75001 Paris, France.
Upon receipt of such written notification, the Company will review the matter and may, as a security measure, suspend access to the Client's Account. The Company will process the request as soon as possible and provide new login credentials by email following identity verification.
The Company reserves the right to suspend or delete any Account in the event of unlawful, fraudulent or abusive use of the Site, or in the event of a breach of these ToS, without prejudice to any damages to which FUNGASTIQUE may be entitled.
In accordance with Article L.223-1 of the French Consumer Code, the Client may register free of charge on the telephone canvassing opt-out list (www.bloctel.gouv.fr).
06 ORDER
The Client may place an Order directly on the Site, with or without prior Account creation. The Order process consists of several successive steps: product selection, basket confirmation, entry of delivery and billing information, choice of delivery method, and final confirmation of the Order upon acceptance of these ToS.
Prior to final confirmation, the Client is provided with a summary enabling them to review their Order and correct any errors. The Order is deemed firm and final upon payment confirmation by the Client and validation by FUNGASTIQUE.
By confirming the Order, the Client expressly acknowledges:
- having read and unreservedly accepted these ToS;
- having received all necessary pre-contractual information from FUNGASTIQUE, including information relating to the Products, prices, delivery terms and right of withdrawal;
- having the legal capacity to enter into a binding contract.
FUNGASTIQUE reserves the right to refuse or suspend any Order in the event of a manifest error, fraud or suspected fraud, or in the event of incorrect, incomplete or incompatible information that would prevent proper fulfilment of the Order (including inability to deliver to the address provided).
An Order confirmation is sent to the Client by email upon payment validation.
The Company recommends that the Client retain this email as proof of the transaction. Once the Order has been validated and payment confirmed, FUNGASTIQUE issues an invoice in the Client's name, which is sent by email and, where applicable, made available in the Client's Account.
In the event that a Product becomes unavailable after Order confirmation, FUNGASTIQUE will inform the Client as soon as possible and offer either a refund or a deferred delivery where possible.
Certain Products may be offered on a pre-order basis. In such cases, the estimated availability date is indicated on the relevant product page. Delivery timescales communicated in the context of a pre-order are indicative only.
07 SUBSCRIPTION & RENEWAL
Certain Products may be offered on a subscription basis, enabling recurring deliveries at a preferential rate.
The subscription is entered into for an initial period specified at the time of the Order and is thereafter tacitly renewed for successive periods of the same duration, unless cancelled by the Client.
The Client will be notified of the upcoming renewal of their subscription by email, between one (1) and three (3) months prior to the renewal date.
The Client may cancel their subscription at any time, free of charge, via their personal Account or by contacting client service. Cancellation takes effect for future Orders. Any Order already in preparation, packaged or handed over to the carrier at the time FUNGASTIQUE receives the cancellation notice remains due and will be fulfilled.
The Client may also pause their subscription in accordance with the terms specified on the Site.
Subscription prices may change. Any price modification will be communicated to the Client prior to taking effect. In the event of refusal, the Client may cancel their subscription free of charge.
08 PRICING
Prices are displayed in euros, inclusive of all applicable taxes (VAT included), based on the VAT rate applicable to the Products on the date of the Order. Any legally mandated change in VAT rates may be automatically reflected in Product prices.
Applicable prices are those displayed on the Site at the time of the Order. They do not include delivery costs, which are specified separately during the Order process.
FUNGASTIQUE may modify its prices at any time, with no effect on Orders already confirmed.
Promotional offers or pricing incentives may be periodically made available by FUNGASTIQUE. Their duration and conditions are specified on the Site.
For deliveries outside the European Union or to territories subject to specific customs regulations, local taxes, customs duties or import fees may be levied by the authorities of the destination country. These charges are entirely the responsibility of the Client, who alone is responsible for their payment and for completing any required customs formalities. The Client is advised to check with the relevant local authorities before confirming their Order.
09 PAYMENT
Payment for Products is made immediately by the Client upon Order placement, in euros, using one of the payment methods available on the Site. Accepted payment methods may include credit or debit card, online payment services, or any other method indicated at the time of the Order.
The Client warrants that they are fully authorised to use the chosen payment method and that it provides access to sufficient funds to cover the total Order amount.
All payments are processed by a secure payment provider selected by FUNGASTIQUE.
Any outstanding unpaid amount may result in the suspension or cancellation of the Order. In the event of suspected fraud or unauthorised use of a payment method, FUNGASTIQUE reserves the right to request any supporting documentation necessary to validate the Order.
10 DELIVERY
Products are delivered to the address provided by the Client at the time of the Order. Delivery is carried out by the carriers available on the Site at the time of Order confirmation, to the exclusion of any liability on the part of FUNGASTIQUE. The choice of carrier and delivery method is made by the Client from the available options.
FUNGASTIQUE ships Products worldwide, subject to applicable local or customs restrictions in certain countries.
Delivery times are provided to the Client on a strictly indicative basis. For reference:
- Metropolitan France: 2 to 4 business days
- European Union: 2 to 8 business days
- Rest of the world: variable, depending on destination, customs procedures and carrier
These timescales do not account for delays attributable to the carrier, postal services or customs authorities, over which FUNGASTIQUE has no control.
Applicable delivery costs are indicated at the time of the Order. They may vary depending on the carrier, destination or options selected by the Client.
FUNGASTIQUE reserves the right to periodically offer free or reduced-cost delivery, subject to the conditions specified on the Site.
The Client is required to check the condition of the parcel and Products upon receipt. In the event of apparent damage, or an open or damaged parcel, the Client must notify FUNGASTIQUE as soon as possible and, in any event, within a maximum of three (3) days of receipt, providing by email (contact@fungastique.com) or post (5 Avenue de l'Opéra, 75001 Paris, France) all relevant supporting evidence (photographs, description of damage, etc.). In the absence of any reservation made upon delivery, Products are deemed compliant and in good condition.
In the event of a significant delay beyond the indicative timeframe, the Client is invited to contact FUNGASTIQUE or the chosen carrier for information on the shipment status.
Following Order confirmation, the Client may track the progress of their Order via their personal Account on the Site, or through notifications sent by FUNGASTIQUE, including by email.
11 TRANSFER OF OWNERSHIP AND RISK
Ownership of the Products is transferred to the Client upon full payment of the price.
In accordance with Article L.216-2 of the French Consumer Code, the risk associated with the Products is only transferred to the Client at the moment the Client, or a third party designated by the Client, takes physical possession of them. Until such handover, FUNGASTIQUE remains responsible for proper delivery of the Products.
In the event of loss, damage or non-delivery attributable to the carrier, FUNGASTIQUE will, at its discretion, arrange for a refund or reshipment of the Products. Any compensation paid by the carrier does not limit the Client's rights, nor does it affect FUNGASTIQUE's right to pursue any available recourse against the carrier.
12 RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Client has a period of fourteen (14) days from receipt of the Products to exercise their right of withdrawal, without having to provide a reason or bear any costs other than those set out herein.
Pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in respect of Products that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. Given the nature of the Products (food supplements), any Product that has been opened, unsealed or used cannot under any circumstances be returned or refunded. Only Products that are new, unopened, unused and returned in their original intact packaging are eligible for withdrawal.
To exercise their right of withdrawal, the Client must notify FUNGASTIQUE of their decision to withdraw before the expiry of the fourteen (14) day period, by one of the following means:
- by email to: contact@fungastique.com, or
- using the standard withdrawal form annexed to these ToS.
An acknowledgement of receipt will be sent to the Client by email.
Products must be returned by the Client within seven (7) days of communicating the withdrawal decision, to the address indicated by FUNGASTIQUE in the acknowledgement of receipt.
Return shipping costs are entirely the responsibility of the Client, except in the event of an error attributable to the Company. The Client is responsible for properly packaging the Products and protecting them during transit. Any Product that is damaged, opened, incomplete or showing signs of use will not be eligible for a refund.
FUNGASTIQUE will refund the Client within a maximum period of thirty (30) days following receipt of the compliant returned Products.
The refund will be made using the same payment method as that used for the original Order.
13 INTELLECTUAL PROPERTY
All content on the Site and associated materials — including but not limited to texts, educational content, descriptions, notices, illustrations, photographs, videos, graphics, logos, trademarks, design elements, visual identities, as well as the Site's organisation and structure — is protected under French and international intellectual property law.
These elements are the exclusive property of FUNGASTIQUE or are used with the authorisation of their respective rights holders.
Unless prior written authorisation has been granted by the Company, Users and/or Clients are strictly prohibited from:
- reproducing, representing, copying, modifying, adapting, translating, distributing or exploiting all or part of the Site or its content;
- extracting, reusing or indexing all or part of the Site's content, including for automated analysis or algorithm training purposes;
- using, distributing or communicating to third parties any educational content, guides, methodologies, product descriptions or any other element related to the Site, Products or the FUNGASTIQUE universe;
- reproducing or imitating the visual identity, graphic style, logos, design or distinctive elements of the FUNGASTIQUE brand.
Any unauthorised use constitutes an infringement that may give rise to civil and criminal liability.
Access to the Site grants Users and/or Clients a strictly personal, private and non-exclusive right of use, limited to viewing content for browsing purposes and purchasing Products. This right of use does not entail any transfer of intellectual property rights to the User and/or Client.
The trademarks, trade names, logos and distinctive signs appearing on the Site are protected. Any use of these elements without prior authorisation from FUNGASTIQUE is strictly prohibited.
14 PERSONAL DATA
FUNGASTIQUE collects and processes personal data in connection with the use of the Site, the management of Orders and, more generally, the relationship with the Client.
In this context, FUNGASTIQUE acts as data controller and complies with the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
For further information, Users and Clients may refer to the Company's Privacy Policy, available on the Site.
15 WARRANTIES
FUNGASTIQUE is obliged to deliver Products that conform to the Order and is liable for any lack of conformity existing at the time of delivery, under the conditions set out in Articles L.217-3 to L.217-17 of the French Consumer Code.
The Client has a period of two years from delivery to invoke the legal warranty of conformity in the event of a conformity defect. During this period, the consumer need only establish the existence of the defect, not the date on which it appeared.
Where the sale contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to such content or service throughout the entire supply period. During this period, the consumer need only establish the existence of the defect, not the date on which it appeared.
The legal warranty of conformity requires the seller, where applicable, to provide all updates necessary to maintain conformity of the product.
The legal warranty of conformity entitles the consumer to repair or replacement of the product within thirty days of their request, free of charge and without significant inconvenience.
If the product is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the original warranty.
If the consumer requests repair but the seller opts for replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement.
The consumer may obtain a price reduction while retaining the product, or a full refund upon return of the product, if:
1. The seller refuses to repair or replace the product;
2. Repair or replacement takes more than thirty days;
3. Repair or replacement causes significant inconvenience to the consumer, in particular where the consumer definitively bears the costs of returning or collecting the non-conforming product, or bears the installation costs of the repaired or replacement product;
4. The non-conformity persists despite the seller's unsuccessful attempt to remedy it.
The consumer is also entitled to a price reduction or cancellation of the contract where the lack of conformity is so serious as to justify an immediate reduction or cancellation, without being required to first request repair or replacement.
The consumer is not entitled to cancel the sale if the lack of conformity is minor.
Any period during which the product is immobilised for repair or replacement suspends the remaining warranty period until the product is returned.
The rights described above arise from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.
A seller who in bad faith obstructs the implementation of the legal warranty of conformity may be liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the product is retained, or a full refund upon return of the product.
In any event, for food products — and in particular the food supplements offered by FUNGASTIQUE — the legal warranty of conformity applies in accordance with their perishable nature. A Product is only deemed conforming during the period in which it is fit for consumption, as indicated on its packaging (best before / use by date). The legal warranty cannot therefore be invoked beyond that date.
For any claim under the legal warranties, the Client may contact client service by email at contact@fungastique.com or by post to: 5 Avenue de l'Opéra, 75001 Paris, France, specifying their Order number, the nature of the issue and, where applicable, any supporting evidence (photographs, description of the defect, etc.).
FUNGASTIQUE undertakes to process requests as promptly as possible and to apply the legal warranties in accordance with applicable provisions.
16 LIABILITY
FUNGASTIQUE makes every effort to ensure the quality, conformity and safety of the Products sold, in compliance with applicable regulations. In accordance with applicable law, the Company may incur liability in the event of a product safety defect. However, the Company's liability cannot be engaged in the situations described below.
The Products sold by FUNGASTIQUE are food supplements, not medicines. They are not intended to prevent, treat or cure any disease. The Client undertakes to use the Products strictly in accordance with:
- the usage recommendations on the packaging or in the leaflet;
- the indicated dosages;
- the precautions and contraindications stated on the Product, in the leaflet, in associated documentation, or set out below.
FUNGASTIQUE cannot be held liable, in particular, in the event of non-compliant use, including:
- abnormal use or use contrary to the recommendations on the packaging, leaflet or documentation;
- failure to observe dosages, contraindications or usage precautions;
- improper storage of the Product;
- modification, opening or alteration of the Product after delivery;
- damage resulting from the Client's negligence or fault.
The Client acknowledges having read the following warnings:
- The Client must not exceed the recommended dosages;
- Use of the Products does not replace a varied, balanced diet and a healthy lifestyle;
- Products must be kept out of reach of young children;
- Products are intended for adults and are not recommended for young children;
- The Client must seek medical advice from a healthcare professional if they are taking medication, have a known allergy to mushrooms, or wish to administer the Products to an animal;
- The Client must consult a doctor if pregnant or breastfeeding.
Failure to observe these warnings is the sole responsibility of the Client.
Information on the Site, product pages or any other medium (leaflet, documentation):
- does not constitute medical advice;
- cannot be interpreted as unauthorised health claims;
- does not replace the advice of a healthcare professional.
The Client remains responsible for verifying the suitability of the Products for their personal situation and state of health.
In any event, FUNGASTIQUE cannot be held liable for indirect or consequential damages such as loss of opportunity, commercial loss, data loss, business disruption, or any damage that is not the direct and foreseeable consequence of the purchase or use of the Products.
FUNGASTIQUE does not guarantee continuous and uninterrupted access to the Site and cannot be held liable for temporary interruptions due to:
- Site maintenance;
- Technical updates;
- Internet network disruptions;
- Any event of force majeure.
FUNGASTIQUE cannot under any circumstances be held liable for the content of external sites or resources to which the Site may link.
17 FORCE MAJEURE
In the event of a force majeure event, as defined by Article 1218 of the French Civil Code and relevant French case law, temporarily preventing either party from fulfilling its obligations, the respective obligations of the parties shall be suspended and neither party shall incur any liability as a result.
The party affected by the force majeure event undertakes, firstly, to notify the other party and to make every effort to minimise the impact and, secondly, to fulfil its obligations as soon as possible after the force majeure event has ceased.
Should such an event occur, FUNGASTIQUE and the Client shall consult to assess its impact and agree on the conditions under which performance of the contract will resume. If the force majeure event continues for more than one month, either party may terminate the sales contract.
18 MISCELLANEOUS
The fact that the Company does not invoke any provision of the ToS at any given time shall not be construed as a waiver of its right to invoke that provision at a later date.
If any provision of the ToS is declared null or unenforceable, the remaining provisions shall retain their full force and effect.
19 GOVERNING LAW
These ToS, the use of the Site, and all Orders placed on the Site are governed by French law.
20 MEDIATION
In accordance with Article L.612-1 of the French Consumer Code, the Client may, subject to Article L.612-2 of the same Code, submit a request for amicable resolution through mediation within one (1) year of their written complaint to FUNGASTIQUE.
The Company has designated, under registration number MED58179, MÉDIATION CONSOMMATION DÉVELOPPEMENT as its consumer mediation body.
To contact the mediator, the consumer must submit their request:
- by post to: MÉDIATION CONSOMMATION DÉVELOPPEMENT, Centre d'Affaires Stéphanois, Immeuble l'Horizon – Esplanade de France, 3 rue J. Constant Milleret, 42000 Saint-Étienne, France
- by telephone: +33 (0)4 77 42 10 58 (Monday to Thursday, 9am to 12pm)
- online via the form entitled "Saisir le médiateur en ligne" at: https://www.medconsodev.eu/
Regardless of the method used, the request must include:
- the applicant's postal, telephone and email contact details;
- the name, address and mediator registration number of the professional concerned;
- a brief statement of the facts, specifying what the consumer seeks from the mediation and why;
- a copy of the prior complaint;
- all documents relevant to the examination of the request (order form, invoice, proof of payment, etc.).
The Client may also contact the online dispute resolution platform made available by the European Commission at: http://ec.europa.eu/consumers/odr/
It is noted that the Client remains free to accept or refuse recourse to the consumer mediation procedure, and that in the event of recourse to such procedure, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable resolution, any dispute relating to the interpretation of the ToS, the performance or termination of a sale, or the interpretation, performance or termination of these terms shall be submitted to the competent French courts.
21 CONTACT
For any enquiry relating to a purchase made on the Site, FUNGASTIQUE's client service team can be reached:
- by post: 5 Avenue de l'Opéra, 75001 Paris, France
- by email: via the "Contact" section of the Site or at contact@fungastique.com
- if the Client holds an Account: via the "My Account" section
22 ANNEX - WITHDRAWAL FORM
(To be completed only if you wish to exercise your right of withdrawal under the conditions set out in the ToS)
To: FUNGASTIQUE
Last name: COLIBEAU
First name: Marion
Email: contact@fungastique.com
I hereby notify you of my withdrawal from the contract for the sale of the Product(s) listed below:
Order number: __________________________________________
Order date: ____________________________________________
Date of receipt of Products: _____________________________
Products subject to withdrawal:_____________________________
Client name: ________________________________________
Client address:_____________________________
Email used at the time of the Order: _______________________
Date: __________________________________________________
Client signature (only if submitting this form on paper): _____________________________