Any order for a Product offered for sale on the Website www.helene-gale.com assumes that the User has read and expressly accepted these Standard Terms & Conditions of Business without however such acceptance being subject to the User's handwritten signature. In accordance with provisions of articles 1316 to 1316-4 of the French Civil Code, amended by Decree No. 2001-272 of 30 March 2001, enacted for the application of article 1316-4 of the Civil Code in relation to electronic signatures, it is recalled that confirmation of an order form in accordance with what is laid down at article 3.3 hereinafter shall constitute an electronic signature, and that such signature shall have the same value between the Parties as a handwritten signature.
1 - Purpose
These Standard Terms & Conditions of Business determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website, and apply worldwide, insofar as concerns solely the relationship created via the Internet and exclusively on the said Website.
These Terms & Conditions shall apply to the exclusion of any other document.
2 - Products - Prices
2.1 - Products
The Products offered for sale by
www.helene-gale.com are those shown on the Website on the day and date on which the User logs onto the Website and while stocks last. No photograph illustrating any Product shall be deemed to constitute part of any contract. Should any photograph contain errors, therefore,
www.helene-gale.com shall not be held liable on grounds thereof.
2.2 - Prices
The prices for the Products are shown in euros. They are inclusive of Value-Added Tax (VAT) at the rate applying on the date of the order.
www.helene-gale.com reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the said Products.
3 - Registration and confirmation of the order
3.1 - Navigating the Website
On the Website, the User is able to read about the various different Products that
www.helene-gale.com is offering for sale via its Website.
The User is free to navigate between the various different Web pages on the Website without any obligation to make any purchase.
3.2 - Registering the order
If the User wishes to make an order, he or she selects the various different Products in which he or she is interested and makes such interest clear by clicking on the "Add to My Basket" button.
3.3 - Confirming of the order
Once the state of the User's order has been established and all the details requested have been completed, the User will choose the desired method of payment for the goods.
The User will click on "Confirm" to pay for the order and will be immediately re-directed to the secure payment server of the CIC Bank.
The Bank's server is subject to SSL (Secure Socket Layer) encryption thus enabling all data relating to the method of payment to be processed with
the highest level of protection and ensuring that at no time are the User's bank details carried on
www.helene-gale.com's own computer system.
Once payment has been confirmed, the User returns to the Website. His or her order is registered and becomes irrevocable. The User, henceforth, becomes the Purchaser.
The order form is registered in
www.helene-gale.com's computerized records (which are themselves stored on a durable reliable back-up support),
and will be deemed to be proof of the contractual relationship between the Parties.
3.4 - Confirming receipt of the order
Once payment has been confirmed, an electronic receipt summarizing the order will be sent to the User's e-mail address
as provided on identification.
4 - Delivery
The Products ordered by the Purchaser will be delivered to the address given by him or her on the order form within 24/48h for France and Belgium (order passed before midday), and 8 days for Corsica.
www.helene-gale.com declines all liability in the event of delivery being significantly overdue or late and attributable to the carrier, as well as in the event of any loss of the Products ordered or postal service strike.
It is stipulated that the carriage risks are the Purchaser's liability. In the event of late delivery, the Purchaser must report this to the Customer Service Department at
www.helene-gale.com within the next 3 days.
On receipt of the Products ordered, the Purchaser must check the Products are compliant. The Purchaser must report any discrepancy relating to delivery (missing or broken items, damaged parcel, etc.) on the delivery slip issued by the carrier when delivering the parcel, and the same day or no later than the first 2 working days following arrival of the goods, must also inform the Customer Service Department at
www.helene-gale.com
No claim made after this period will be accepted and
www.helene-gale.com shall not be held liable in respect thereof.
5 - Returns policy
The Purchaser shall have a period of seven (07) working days within which to return the Product(s) ordered, at his or her own cost, should they fail to give satisfaction.
This period runs with effect from the date the order is delivered. The Product(s) must be returned in their original containers and packaging.
If the above conditions are complied with,
www.helene-gale.com will refund the Purchaser for the sums corresponding to the Products purchased within a period of thirty (30) days.
Satisfied or refund :
Every product bought on www.helene-gale.com benefits from the « satisfied or refund » clause for 30 days after recepcion date.
Whithin this period Helene-Galé laboratories are bound to refund or exchange all defective products and take in charge transport fees.
Products must be returned en their genuine packing and in the state the customer received them.
6 - Data protection
Personally identifiable information
Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
In accordance with law No. 78-17 of 6 January 1978 relating to computers, data files and freedom, the processing of personally identifiable information gathered from the Website is subject to formal declaration registered with the National commission for information technology and civil liberties [CNIL]. The User has the right of access, modification, correction or removal of data relating to him or her.
To exercise this right, the User must address a written request by post to the Customer Service Department at
www.helene-gale.com.
7 - Miscellaneous provisions
7.1 - Force majeure
No Party shall be liable in the event of partial or total non-performance of any obligation under this contract where such non-performance
arises due to an event that constitutes a case of force majeure
Instances of force majeure taken into consideration shall be those events that meet the criteria laid down by the precedents and case law of the 2nd Civil Division of the Court of Cassation.
The Party relying on any event tantamount to force majeure must advise the other Party thereof within five (05) working days of the occurrence, or the threat, of the event.
The Parties hereby agree that they will consult one another within the shortest possible time in order to decide jointly on how to carry out the order during the case of force majeure.
7.2 - Partial invalidity
If any provision in these Standard Terms & Conditions of Business is found or ruled to be invalid pursuant to any law, regulation or decision of a competent court, the other provisions shall retain their full force and scope.
7.3 - Wholeness of the contract
These Standard Terms & Conditions of Business and the order summary transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties.
In the event of contradiction between the said documents, the Standard Terms & Conditions of Business shall prevail.
7.4 - Applicable law - Competent jurisdictions
These Standard Terms & Conditions of Business and the contractual relationship between www.helene-gale.com and the Purchaser are subject to French law.
General conditions of sales of 18 April 2006