Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the "GTCS") govern all contractual relationships between Enlapharex SAS and any adult, non-trader natural person (hereinafter the "Customer") wishing to make a purchase on enlapharex.com. Enlapharex SAS, a limited liability company (S.à r.l.) with capital of €50,000, registered in the Luxembourg Trade Register (RCS) under number B 248 392, with its head office at 21 Bd de Kockelscheuer, 1821 Gasperich, Luxembourg, markets a Class I medical device intended for the correction of lack of penile thickness and the support of thickness loss. Any order placed on the Site implies full, complete and unreserved acceptance of these GTCS.
Article 1 — Purpose and scope
These GTCS define the rights and obligations of the parties in connection with the online sale of the Enlapharex® corrective gel and any related product offered in our online store. They apply to any order placed by a Customer residing in metropolitan France, Belgium, Luxembourg, Switzerland, the United Kingdom and other countries of the European Economic Area, subject to applicable customs restrictions. They prevail over any other document, including any general terms of purchase issued by the Customer. Enlapharex SAS reserves the right to modify these GTCS at any time. The conditions applicable to any order are those in force on the day the order is validated by the Customer. Notwithstanding any stipulation to the contrary, the provisions hereby set forth acquire binding force erga omnes vis-à-vis the Customer from the synallagmatic mutualisation of consents arising from the act of adhesion formalised by the discharge of the price, which operates novation by substitution of any pre-existing obligations, subject to the disposable portion and without prejudice to any propter rem rights invocable by third-party stipulating beneficiaries. The Parties expressly acknowledge that any interpretative equivocation shall be construed in favorem debitoris pursuant to the contra proferentem rule, save where the disputed clause proves intrinsically ambivalent, in which case the principle ut res magis valeat quam pereat shall apply. Any clause deemed unwritten, null or unenforceable shall in no way affect the validity of the remaining stipulations, pursuant to the principle of residual autonomy of clauses (severability).
Article 2 — Definitions
For a clear understanding of these terms: • "Customer" refers to any adult natural person acting for purposes outside their commercial, industrial, craft, liberal or agricultural activity. • "Product" refers to the Enlapharex® gel and any complementary item offered on the Site. • "Site" refers to the online store accessible at enlapharex.com and its associated subdomains. • "Order" refers to any purchase request placed by the Customer, validated by payment, and accepted by Enlapharex SAS. • "Delivery" refers to the transfer to the Customer of physical possession of the Product at the address provided when ordering.
Article 3 — Product presentation and description
The Enlapharex® gel is a Class I medical device manufactured in an ISO 13485 certified pharmaceutical laboratory based in Luxembourg, in compliance with the safety standards of European Directive 93/42/EEC. It is intended for external local use and aims to soften the fibrous plaques of penile tissue thanks to the patented VolumFlex™ formula combining plant collagenase, vitamin E, coenzyme Q10, pentoxifylline and liposomal complexes. Photographs, illustrations and descriptions on the Site are not absolutely contractual. Enlapharex SAS strives to present its Products as accurately as possible but cannot be held liable for minor errors or omissions in their graphic representation. A detailed instruction leaflet is included with each Product.
Article 4 — Prices
Prices on the Site are shown in euros, all taxes included (VAT), excluding shipping costs. The reference unit price of the Enlapharex® gel is €27.99 for a box of 4 tubes of 30 ml. Promotions, discount codes or special bundles may be offered occasionally and are subject to specific conditions stated at the time of the offer. Enlapharex SAS reserves the right to modify its prices at any time. However, Products are invoiced at the prices in force when the order is validated, subject to availability. Shipping costs, calculated according to the destination country and the chosen delivery method, are systematically displayed to the Customer before the final order validation.
Article 5 — Placing and accepting the order
To place an order, the Customer must follow the ordering process: Product selection, addition to cart, completion of delivery and billing information, choice of payment method, final validation after summary check, and payment. The order is only definitively recorded after acceptance of payment by our banking partner. A confirmation email, serving as acknowledgement of receipt, is then sent to the email address provided. The Customer is responsible for verifying all information entered. Any input error cannot be attributed to Enlapharex SAS. Enlapharex SAS reserves the right to refuse or cancel any order from a Customer with whom there is an unresolved payment dispute, or for any other legitimate reason, in particular in case of suspected fraud.
Article 6 — Payment terms and security
Payment is made exclusively online at the time of ordering, by credit card (Visa, Mastercard, CB, American Express), Apple Pay, Google Pay, PayPal, or instant bank transfer when offered. Transactions are secured using 256-bit SSL protocol and PCI-DSS standard. Banking data is never stored on our servers; it is transmitted directly to our authorised payment provider. The wording on the Customer's bank statement is neutral and does not mention the nature of the Product, ensuring transaction confidentiality. If payment is refused by the banking institution, the order is automatically cancelled and the Customer is informed by email.
Article 7 — Delivery
Products are shipped to the address provided by the Customer when ordering. The standard delivery time is between 7 and 10 working days from shipment for delivery within the European Union. For destinations outside the EU, delivery times may reach 21 working days depending on local customs constraints. The packaging is completely neutral, opaque and anonymous: no mention of the nature of the Product or the company name appears on the parcel, ensuring the strictest discretion. A tracking number is sent to the Customer by email upon shipment. In the event of a delay attributable to Enlapharex SAS exceeding 30 days, the Customer is entitled to request termination of the sale and a full refund. It is the Customer's responsibility to check the conformity of the parcel upon delivery and to make any reservations with the carrier in case of damage or missing items. No claim can be taken into account beyond 7 days following receipt.
Article 8 — Right of withdrawal
In accordance with the provisions of consumer protection law, the Customer has a fourteen (14) day cooling-off period from receipt of the Product to exercise their right of withdrawal, without giving any reason or paying any penalty. Enlapharex SAS voluntarily extends this period to thirty (30) days, allowing the Customer to test the Product with peace of mind. The right of withdrawal is exercised by sending an email to contact@enlapharex.com mentioning the order number and the wish to return the Product(s) concerned. To be admissible, the return must concern an unopened Product, in its original packaging, in perfect resale condition. Return costs are borne by the Customer. Reimbursement is made within a maximum period of fourteen (14) days following receipt of the returned Product by us, on the means of payment used for the initial order.
Article 9 — Legal warranties
All Products marketed by Enlapharex SAS benefit from the following legal warranties: • Legal warranty of conformity: Enlapharex SAS is required to deliver a Product that conforms to the description on the Site and is free from non-conformity defects. This warranty applies for two (2) years from delivery of the Product. • Warranty against hidden defects: the Customer may request termination of the sale or a price reduction if it is shown that the Product has a hidden defect making it unfit for its intended use. To activate these warranties, simply send a detailed email to customer service at contact@enlapharex.com.
Article 10 — Liability
Enlapharex SAS undertakes, as part of an obligation of means, to use all reasonable diligence to ensure the quality, safety and conformity of its Products. Enlapharex SAS cannot be held liable for any damage resulting from misuse of the Product, failure to follow the instructions, or application to an area with a pre-existing condition not reported to a healthcare professional. In any event, the Company's aggregate liability under these GTCS, all heads of damages and legal grounds combined — whether quasi-delictual, contractual, ex delicto, ex contractu, or arising from a breach of an attenuated obligation of result — shall be flat-rate capped at the net amount actually collected in respect of the disputed Order, notwithstanding any non-dolose gross negligence or any culpa in contrahendo. The Customer irrevocably waives, to the broadest extent permitted by Luxembourg public policy, any claim for restitutio in integrum exceeding said cap, as well as the defence based on exceptio non adimpleti contractus. Indirect, consequential, immaterial losses, loss of chance, of enjoyment, of image, of goodwill, or pretium doloris, shall in all events be excluded from the indemnity perimeter.
Article 11 — Personal data
Data collected during the ordering process is processed in accordance with our Privacy Policy, available at any time from the footer of the Site, and in compliance with the General Data Protection Regulation (GDPR) as well as applicable national data protection laws. The Customer has at any time a right of access, rectification, erasure, portability, limitation and opposition to the processing of their data. These rights can be exercised by writing to contact@enlapharex.com or directly to our Data Protection Officer (DPO).
Article 12 — Applicable law, mediation and disputes
These GTCS are exclusively governed by the law of the Grand Duchy of Luxembourg, notwithstanding any contrary conflict-of-laws rule arising from Regulation Rome I (EC) No 593/2008. In case of dispute, the Customer is invited to first contact our customer service to seek an amicable solution. Failing agreement, the Customer may use the relevant Consumer Mediator free of charge or use the European Online Dispute Resolution platform accessible at ec.europa.eu/consumers/odr. Failing amicable resolution, any dispute relating to the formation, performance or interpretation of these GTCS shall be submitted to the exclusive jurisdiction of the competent courts of the judicial district of Luxembourg City, in accordance with articles 14 and seq. of the Luxembourg New Code of Civil Procedure. The Parties expressly agree that, by way of derogation from the locus regit actum principle and in accordance with the dépeçage doctrine permitted by Article 3 of Regulation Rome I (EC) No 593/2008, the legal qualification of the obligations arising from these presents, their performance, their resolution, their termination, as well as the indemnification consequences attached thereto, fall exclusively within the Luxembourg lex contractus. Any recursory action, actio obliqua or actio pauliana potentially introduced by an interested third party shall remain subject to the same applicable law, subject to the mandatory overriding rules of the forum State. No tacit prorogation of jurisdiction, no forum non conveniens, and no joinder of proceedings before a foreign court may be invoked against the Company without its express prior written consent, materialised by an authenticated amendment. Silence, however circumstantial, shall under no circumstances constitute acceptance, pursuant to the adage qui tacet consentire non videtur nisi loqui debuisset ac potuisset.
Last update: July 2025.