[TERMS & CONDITIONS OF SALE]

Your conditions of sale

Preamble

LABORATOIRE GARANCIA sells the products on its Website to retail and end consumers only. Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or suspected as such, will be considered as null and void by LABORATOIRE GARANCIA.

The Purchaser, prior to his/her order, confirms that the purchase of products from the LABORATOIRE GARANCIA Website is not directly connected with a professional activity and is strictly for personal use.

For the purposes of these Terms & Conditions of Sale, the Purchaser and LABORATOIRE GARANCIA are individually or collectively referred to as the Party or Parties.

Article 1 - Purpose

These Terms & Conditions of Sale (hereinafter "TCS") are intended, firstly, to inform any potential Purchaser of the terms and conditions under which, and the methods by which, the seller (hereinafter "LABORATOIRE GARANCIA" or the "Seller") conducts the sale and delivery of products ordered, and secondly, to define the rights and obligations of the Parties in connection with the sale of LABORATOIRE GARANCIA products to the consumer (heretofore and hereinafter "the Purchaser"). They apply, without restriction or reservation, to all sales of products by LABORATOIRE GARANCIA through its Website www.garancia-beauty.com (hereinafter the "Site" or the "Website").


LABORATOIRE GARANCIA reserves the right to modify these Terms & Conditions of Sale at any time. Nonetheless, the Terms & Conditions of Sale applicable to the Order are those accepted by the Purchaser at the point when he/she makes the Order.

These Terms & Conditions of Sale (hereinafter "TCS" or "Terms & Conditions of Sale") complete the Terms & Conditions of Use of the www.garancia-beauty.com Site available at all times under the heading "Legal and TCU" and applicable to the Purchaser.

Article 2 - Compagny Identity

Name : LABORATOIRE GARANCIA
Intra-community VAT N° FR 75 479752321
Registered with the Paris RCS (Trade and Companies Register) under number B 479 752 321 00048 SIRET: 4797523210048
Head Office: 18, Avenue du Recteur Poincaré 75016 Paris

For all claims, a "PRODUCTS" After Sales Service is available to the Purchaser:
• Phone: LABORATOIRE GARANCIA Customer Service, 01 45 20 84 85 (price of a local call from France, or +33 1 45 20 84 85 from abroad).

Email: suivicommande@garancia-beauty.com

Post: SUIVI COMMANDE E-BOUTIQUE LABORATOIRE GARANCIA, 18 avenue du Recteur Poincaré 75016 Paris

Article 3 -  Contracts and Orders

3.1 Prices

Prices of products sold online on the LABORATOIRE GARANCIA Website, quoted in euros, are those in effect at the time the Purchaser places his/her Order. Prices may be changed by LABORATOIRE GARANCIA at any time. The Purchaser will be notified of any such modification before ordering. Prices are applicable to distance selling.

Prices do not include delivery charges, which will be invoiced in addition to the price of the products purchased. Delivery charges will be indicated before the Purchaser’s Order is confirmed. Various delivery options are detailed below in the TCS and can be altered at any time by LABORATOIRE GARANCIA. Also LABORATOIRE GARANCIA recommends that all Purchasers consult the TCS on the Website on a regular basis. 

Prices include value added tax (VAT) applicable on the date the Order is placed. Any change in the applicable rate of VAT will be automatically reflected in the prices of the products sold by LABORATOIRE GARANCIA on its Website.

3.2  Product Characteristics

The Purchaser can select one or several products from among the different categories featured on the LABORATOIRE GARANCIA Website.

LABORATOIRE GARANCIA may alter the choice of products presented for sale on its Website at any time, especially if this relates to constraints connected to its suppliers, without prejudice to Orders placed by the Purchaser.

In accordance with Article L. 111-1 of the French Consumer Code, the Purchaser can read about the key characteristics of the product/s he/she wishes to order, prior to placing his/her Order, by consulting the LABORATOIRE GARANCIA Website.

Products comply with current French legislation. LABORATOIRE GARANCIA cannot be held liable in the event of failure to respect current legislation in the country where the product is delivered (e.g. a product may be prohibited). It is the responsibility of the Purchaser to check with the local authorities in the country of delivery with regard to any restrictions that may apply to importing or using the products and services he/she intends to order.

LABORATOIRE GARANICA cannot guarantee that the information given on product packaging is translated into all the languages spoken in the European Union. However, this information will be made available in French and/or English as a minimum.

3.3 Availability

LABORATOIRE GARANCIA offers are valid as long as they appear on the Site and while stocks last.

For products not held in its storage facilities, LABORATOIRE GARANCIA offers are valid subject to availability. Information on product availability is provided to the Purchaser when he/she places his/her order. As this information comes directly from suppliers, errors and changes can, on rare occasions, occur.

In all cases, and where one or more products are unavailable after the Order has been placed, the Purchaser will be informed by email as soon as possible of the unavailability of the product and of the total or partial cancellation of his/her order.

In the event that the entire Order is cancelled:
- The Purchaser’s Order will be automatically cancelled and his/her bank account will not be debited.

In the event that the Order is cancelled in whole, and the account has been debited:
- LABORATOIRE GARANCIA Customer Service will contact the Purchaser to inform him/her that his/her order has been cancelled and ask whether he/she would like to make a new Order or be refunded.

In the event that the Order is cancelled in part :
- The Purchaser’s Order will be confirmed and his/her bank account will be debited for the full amount,
- The available products will be delivered to the Purchaser
- In accordance with the provisions of Article L 121-20-3 of the French Consumer Code, the Purchaser will be refunded with the amount that the product costs as quickly as possible, and at the latest within 30 days of him/her having made the payment.

3.4 Orders

Any Order implies the acceptance of these Terms & Conditions of Sale, Legal Information and TCU without prejudice to specific contractual terms agreed between the Parties.

The Purchaser can check the details of his/her Order and correct any potential errors.

As soon as the Purchaser has confirmed his/her order (heretofore and hereinafter the "Order") by clicking on "Confirm payment", he/she is considered to have accepted, with full knowledge of the facts, the content and terms and conditions of the Order in question, and in particular these Terms & Conditions of Sale, as well as the prices, volumes, characteristics, quantities and delivery times of the products for sale and ordered by him/her.

Once this step has been completed, the Purchaser can no longer cancel his/her Order.

Upon receipt of the Order, he/she can exercise his/her right of withdrawal in accordance with the conditions set out in Article 6 of these Terms & Conditions of Sale.

The sale is final when the Purchaser places the Order. LABORATOIRE GARANCIA will confirm the Order by sending the Purchaser an email ("Order Confirmation Email").

In addition, LABORATOIRE GARANCIA reserves the right to suspend or cancel the processing of an Order and/or a delivery, whatever its nature and state of progress, in the event of non-payment or partial payment of any sum owed by the Purchaser, a payment incident, fraud or attempted fraud relating to the use of the LABORATOIRE GARANCIA Website, including any occurrences of the above when the Purchaser made previous Orders.

A second email will be sent to the Purchaser when his/her Order is dispatched. LABORATOIRE GARANCIA will then have the right to bank the total amount of the Order.

LABORATOIRE GARANCIA recommends that the Purchaser keeps these two emails in a safe place, either electronically or as printed copies. The Purchaser is hereby informed that these two emails will be sent to the email address entered when he/she registered or signed in, prior to placing the Order.

LABORATOIRE GARANCIA has the right to bank the total amoun/span>

• In the event of an irregularity noted after the departure of the UPS or IMX agent
♦ Notify LABORATOIRE GARANCIA Customer Service of damage or missing items and file all claims by calling 01 45 20 84 85 (price of a local call from France, or +33 1 45 20 84 85 from abroad).

Reporting incidents and notifications of damage must be completed within 3 working days.

5.3.3 Procedure that must be followed if a product is missing or damaged

The Purchaser or the Order recipient must notify LABORATOIRE GARANCIA Customer Service of the missing or damaged product by calling 01 45 20 84 85 (price of a local call from France, or +33 1 45 20 84 85 from abroad).

LABORATOIRE GARANCIA Customer Service can request any information relating to the identity of the Purchaser or the Order recipient and carry out any checks that may be required..

5.4 Delivery Times

Delivery times for mainland France, Andorra and Monaco are as follows:

- La Poste Colissimo 3 to 5 working days
- Mondial Relay to a Point Relais 2 to 4 working days - UPS: 1 to 2 working days

International delivery times:   :

-       UPS : 2 to 8 working days depending on the destination 

-       IMX : 4 to 6 working days depending on the destination 

see delivery times according on delivery country : http://www.garancia-beauty.com/fr/faq#tiroir_num_14


For Corsica, delivery times are extended to 1 to 2 working days.

Delivery times start from the moment the Order Confirmation email is sent. The delivery times for the other countries cited in Article 5.1 are available in the Terms & Conditions of Use.

In the event that these delivery times are exceeded due to reasons other than force majeure, the Purchaser can cancel his/her order by following these directions :

 After sending a notification to the Client’s Service of Laboratoire Garancia, specifying the Laboratoire Garancia must deliver their order within reasonable delay, and if such demand has been left unanswered, or,

-       If the buyer can prove that the delivery delay was a condition essential to the purchase.

The notification or annulation of the order must be sent via a registered letter with acknowledgement of receipt to the address indicated in the « contact us » section of our Website, or by phone :

01 45 20 73 65 between 9h and 18h, French time. (or +33 1 45 20 73 65 from a foreign country). 

In the event that the result of the ensuing investigation, admissible as far as the dispute in question is concerned, reveals an error attributable solely to LABORATOIRE GARANCIA or to the carrier, LABORATOIRE GARANCIA will refund the total amount of the Order in question, paid by the Purchaser and banked by LABORATOIRE GARANCIA, on condition that the whole Order is returned by the Purchaser to LABORATOIRE GARANCIA. The refund will be made as quickly as possible and at the latest within thirty days of the date on which the Purchaser exercised his/her right to cancel his/her Order..

Otherwise, if the whole Order is not returned, or if the ensuing investigation reveals no error solely attributable to LABORATOIRE GARANCIA or to the carrier, the Purchaser can claim neither a refund of the sum he/she has paid, nor another delivery of the products ordered, unless he/she can demonstrate, by any means, that he/she is not responsible.

Article 6 - Right of withdrawal and withdrawal period

6.1.  Legal right of withdrawal and withdrawal period

6.1.1.  Period during which the legal right of withdrawal can be exercised

In accordance with Article L. 121-20 of the French Consumer Code ("Code de la Consommation") in their version from the law on consumption of March 17, 2014, the Purchaser has a period of 14 (fourteen) clear days from the day the parcel containing the ordered products is received by him/her to exercise his/her legal right of withdrawal. If this period of seven days ends on a Saturday, a Sunday or a public holiday it shall be extended to the next following working day.

In the case of a service purchased on the Site, the right of withdrawal cannot be exercised by the Purchaser if the implementation of said service has started, with the Purchaser’s consent, before the end of the legal withdrawal period of 14 (fourteen) clear days. 6.1.2. Exercising your legal right of withdrawal.
The ways in which you can exercise your legal right of withdrawal are described in Article 6.2 of these Terms & Conditions of Sale.

6.1.2. Consequences of exercising your legal right of withdrawal

The Purchaser who exercises his/her right of withdrawal under the conditions laid down in this Article in terms of the deadlines and procedures for returning products shall obtain a refund equal to the amount of the products returned, including initial delivery costs, within the limits of the amount corresponding to the cheapest delivery mode offered by Laboratoire Garancia. Laboratoire Garancia shall reimburse the buyer ofter having received the parcel or after having received proof that the parcel has been sent, the sending date being that of the first of those 2 actions. 

6.1.3. Charges

In accordance with Article L.121-20 of the French Consumer Code ("Code de la Consommation") in its version issued from the Law on Consumption of March 17, 2014, the Purchaser is responsible for the cost of returns, except when the products delivered do not correspond to the Order placed (in this case these costs will be met by LABORATOIRE GARANCIA).

6.2. Exercising your legal right of withdrawal

The legal right of withdrawal is exercised by the Purchaser by the return of the products in question by post (letter, parcel, etc) to the address indicated in Article 6.2.2 of these Terms & Conditions of Sale.

6.2.1.  General applicable provisions.

It is imperative that products returned to LABORATOIRE GARANCIA are in a condition that means they can be re-sold (in a perfect state, with their original packaging, accompanying items, notices, etc).The products containing a seal must be returned sealed. 

Products must also be sent back with their Order number, either on the Returns Slip that should signed by the Purchaser or the Order recipient and included with the products, or on another document. The Purchaser or the Order recipient, if he/she is not the Purchaser, is hereby informed that using the Returns Slip facilitates the processing of returned products by LABORATOIRE GARANCIA. The Purchaser or the Order recipient, if he/she is not the Purchaser, is therefore requested to use the Returns Slip. Products returned after the legal withdrawal period will not be accepted.

With regards to services purchased on the LABORATOIRE GARANCIA Website, the returns policy detailed below will only apply on condition that said services have not been used, either in part or in whole, by the Purchaser.

6.2.2. Returns by post

In addition to the conditions laid out in Article 6.2.1 of these Terms & Conditions of Sale, the Purchaser or the Order recipient who wishes to exercise his/her legal right of withdrawal must follow the instructions below when returning products:
- The original packaging should be used to return the product(s) in question.
- The parcel should be sent to the following address:

L4 LOGISTICS
E-BOUTIQUE GARANCIA
44 AVENUE PAUL LANGEVIN Batiment 1, Cellule 2
91130 RIS ORANGIS

LABORATOIRE GARANCIA will not accept parcels or letters with postage due. Returns via Point Relais will not be accepted.

If the Purchaser/Order recipient cannot prove that he/she has actually left the product(s) with the carrier, any risk connected with their return is the responsibility of the Purchaser or the Order recipient.

If the Purchaser/Order recipient want, they can accompany their standard return form fully completed, available in the annex, at the end of these Terms and Conditions of Sale. 

Article 7 - Retention of Ownership

LABORATOIRE GARANCIA retains full ownership of products sold until such time as full payment, in principal, has been received, including charges, taxes and mandatory contributions.

Article 8 - Intellectual Property

The GARANCIA trademark, all other trademarks, figurative or otherwise, all illustrations, images, logos and all content featured on the Site (including but not limited to the Terms & Conditions of Use and these Terms & Conditions of Sale) are and shall remain the sole property of LABORATOIRE GARANCIA or the holder of the intellectual property rights in question.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images, and logos, or any other element of the Site content, for any reason and on any medium whatsoever, without the express, written, prior consent of LABORATOIRE GARANCIA or the holder of the intellectual property rights in question is strictly prohibited. The same applies to all copyrights, designs, models and patents featured and/or used on the Site.

Article 9 - Signature and Proof

LABORATOIRE GARANCIA endeavours to protect the its customers’ personal details by guaranteeing a high level of security, however the Purchaser also has a role to play in the safeguarding of his/her personal data. In particular, the Purchaser must maintain the security of his/her online transactions by not communicating his/her user name (the Purchaser’s email address) and/or his/her password to anyone, and by regularly changing his/her password. In this respect, LABORATOIRE GARANCIA cannot be held responsible for the disclosure of information concerning the Purchaser to any individual who has used the Purchaser’s user name (his/her email address) and/or password.

The use of the Purchaser’s user name (his/her email address) and/or his/her password constitute proof of his/her identity and his/her liability for the relevant sums when the Order is placed. LABORATOIRE GARANCIA can in no way be held responsible for the fraudulent use of such information.

Providing a bank card number and final confirmation of the Order constitute proof of acceptance of said Order and liability for the sums agreed to by selecting the products listed on the Order. The computerised records kept by the IT systems belonging to LABORATOIRE GARANCIA and its partners are considered as proof of communications, Orders and payments concluded between the Parties.

Article 10 - Responsability

10.1. Capacity

Prior to placing his/her Order, the Purchaser declares that he/she has full legal capacity to adhere to these Terms & Conditions of Sale. LABORATOIRE GARANCIA can in no way be held responsible for checking the legal capacity of visitors to its Site or Purchasers. Consequently, if an individual who does not have legal capacity orders items on the LABORATOIRE GARANCIA Website, the persons legally responsible for him/her (especially a parent or guardian) will take entire responsibility for the Order and must, in particular, honour payment of the purchase price. 

10.2. Limitation of Liability

In respect of the obligations set out in these Terms & Conditions of Sale, LABORATOIRE GARANCIA shall not be held liable if the non-performance of these obligations is attributable to the act of a third party, even if this is foreseeable, an error on the part of the Purchaser, or the occurrence of circumstances of force majeure as defined by the French courts, or to any other circumstances that cannot reasonably be said to be under the sole control of LABORATOIRE GARANCIA.

The information on the Website is provided "AS IS" with no form of guarantee, whether express or implied, concerning in particular the integrity, accuracy, timeliness, authenticity, availability, reliability or completeness of the information, products, accompanying items or services featured on the LABORATOIRE GARANCIA Website or their suitability for the Purchaser's intended use. LABORATOIRE GARANCIA shall not be held responsible regarding items sold on its Website, particularly in the event of non-compliance with the relevant instructions for use. In addition, LABORATOIRE GARANCIA cannot be liable for any loss or injury caused to the Purchaser or to a third party resulting from this non-compliance.

LABORATOIRE GARANCIA ACCEPTS NO RESPONSIBILITY FOR DIRECT OR INDIRECT LOSS OR INJURY, WHETHER FORESEEABLE OR NOT, CAUSED BY USING THE WEBSITE. IN THE EVENT THAT LABORATOIRE GARANCIA IS CONFIRMED AS BEING LIABLE FOR LOSS OR INJURY SUFFERED BY THE PURCHASER ATTRIBUTABLE SOLELY TO MAKING AN ORDER, THIS WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER TO LABORATOIRE GARANCIA.

Any claim filed by a user, including any Purchaser, against LABORATOIRE GARANCIA, must be made within 6 months of the occurrence of the event that is the subject of the claim.

Article 11 - Data Protection

LABORATOIRE GARANCIA collects the personal data of the Purchaser, and, if necessary, of the Order recipient. The Purchaser is hereby informed that this automatic processing of data, in particular the management of users’ email addresses, has been declared to the CNIL (declaration n° 1631761 v 0).

Article 12 - Modifications

LABORATOIRE GARANCIA reserves the right to change or update the Terms & Conditions of Sale without notice. To stay informed of any possible changes, Laboratoire Garancia advises the Visitor, and all users generally, to re-read the TCS, the Legal Information and the Site’s Terms & Conditions of Use regularly. Any Order placed is subject to the Terms & Conditions of Sale in force at the time.

Article 13 - General

13.1 Partial non-validity

If one or more of the provisions of these Terms & Conditions of Sale are held to be invalid, or found to be so under the application of a law, regulation or following a final decision by a competent court of law, the other provisions shall retain their validity and their scope.

13.2  Non-waiver

The failure of one of the Parties to pursue any breach of any of the provisions set out in these TCS on the part of the other Party shall not be construed as a waiver of the provision in question.

13.3 Governing Law and Competent Jurisdiction

The selling of LABORATOIRE GARANCIA products is subject to French law regardless of the Purchaser’s country of residence or the location where the Order is placed. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, IMPLEMENTATION OR BREACH OF THE CONTRACT BETWEEN LABORATOIRE GARANCIA AND THE PURCHASER, EVEN WHERE MULTIPLE DEFENDANTS ARE CONCERNED, AND IN THE CASE OF FAILURE TO REACH AMICABLE SETTLEMENT, SHALL COME SOLELY UNDER THE JURISDICTION OF THE FRENCH COURTS COMPETENT TO ENFORCE THE RULES ENACTED IN THE FRENCH CODE OF CIVIL PROCEDURE ("CODE DE PROCEDURE CIVILE").

13.4 Duration

The TCS shall apply for the entire period that the products for sale by LABORATOIRE GARANCIA are online, until the end of any legal and contractual guarantee periods. In any event, should the TCS be declared null and void, the provision under the heading "Responsibility" shall remain in force.

 

Annex 1 : Model for Withdrawal Form

(Please fill in and send us this form with your order number, only if you wish to withdraw from the contract). 

To Laboratoire Garancia, 18 avenue du Recteur Poincaré, 75016 Paris - email : suivicommande@garancia-beauty.com

By this letter, I inform you of my withdrawal from the contract concerning the purchase of the following item : 

- ordered on (date) [.................] and received on (date) [.................] 

- Buyer's name : 

- Buyer's address : 

- Buyer's Signature (only if you deliver this document on paper)

- Date