LEGAL INFORMATION AND TERMS AND CONDITIONS OF USE
I- LEGAL INFORMATION
Editor: Laboratoire Garancia
Phone: 01 45 20 73 65
Intra-community VAT No: FR 75 479752321
Registered with the Paris RCS (Trade and Companies Register) under number B 479 752 321 00048
SIRET: 479 752 321 00055
Company headquarters: 10, Avenue du Recteur Poincaré 75016 Paris
Publication director: Eric Coste
Editorial manager: Eric Coste
II- GENERAL CONDITIONS OF USE
- Purpose of the Website
The Laboratoire Garancia website (hereinafter the "Website") is an e-commerce site that allows the sale of perfumes, cosmetics and accessories to Internet users or users browsing the Website. This Website is accessible through the Internet at www.garancia-beauty.com
- Personal Data and Cookies
Laboratoire Garancia collects personal data as part of this Website. The provisions relating to the processing of these data are described in the Website’s "Personal Data & Cookies" charter. Visitors are hereby informed that this automatic processing of data, in particular the management of Visitors’ email addresses, has been declared to the CNIL (declaration no.1631761 v 0).
- Intellectual property
The Website and any software used in connection with it may contain confidential information as well as data protected by intellectual property law. Thus, unless otherwise stated, the intellectual property rights to the documents and any data of any kind contained in the Website and each of the elements which make up the Website (images, illustrations, sounds, texts, graphic elements, charts etc), including software, databases and newsletters, are the exclusive property of Laboratoire Garancia (hereinafter the "Content"), which does not grant any licence or any right other than to consult the Website. Reproduction of all or part of the Content is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes in any way and in any form whatsoever being expressly prohibited. It is also prohibited to copy, modify, create a derivative work, assemble, decompile (except as provided for by law), sell, assign, sublicense or otherwise transfer any right relating to the Content. It is also forbidden to modify all or part of the Content and in particular the software or to use modified versions of the software in order, in particular, to obtain unauthorised access to the service and access the Website by any other means than the interface which is provided to the Visitor by Laboratoire Garancia for this purpose.
3.2. Trade marks
It should be noted that Laboratoire Garancia is the owner of the Garancia brand, its product names and logos.
The Internet user acknowledges the sole rights of Laboratoire Garancia over the Garancia brand, its product names and logos, and is prohibited from making any use of, or, more generally, infringing the intellectual property rights of Laboratoire Garancia. Laboratoire Garancia reserves the right to claim damages for any act of counterfeit and, more generally, for any violation of its intellectual property rights.
3.3. Hypertext links
Any creation of a link to the Laboratoire Garancia Website, any framing of the Website, or, more generally, any use of a constituent element of the Website, is subject to the prior and express authorisation of Laboratoire Garancia, which can be withdrawn at any time at its sole discretion. Laboratoire Garancia reserves the right to (i) request the removal of any link to the Website that has not been, or is no longer, authorised and (ii) claim compensation for any loss sustained as a consequence.
Each Visitor must use the Internet responsibly with respect and courtesy for the rights of other Internet users. As such, the Visitor, when accessing the Website, is prohibited from:
- uploading, posting, sending by email or otherwise transmitting by any other means any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, morally reprehensible, invasive of a person’s privacy (including violation of their image reproduction rights), obnoxious, offensive or racially, ethnically or otherwise objectionable;
- uploading, posting, sending by email or otherwise transmitting by any other means unsolicited or unauthorised advertising or promotional materials, "junk mail", "false information", "chain letters" or any other form of solicitation;
- uploading, posting, sending by email or otherwise transmitting by any other means any material that contains software viruses or any other computer code, files or programmes designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfering with or disrupting the Website or the servers or networks connected to it, or contravening any requirements, procedures, rules or regulations of networks connected to it;
- trying to undermine the service for any user, host or network, by which is meant, but is not limited to, exposing the Website to a virus, overloading it, flooding the server, mailbombing, forging any TCP/IP packet header or any part of the header information in any email;
- accessing data not intended for the Visitor or logging into a server or an account which the Visitor is not authorised to access;
- attempting to probe, scan or test the vulnerability of a system or a network or to breach security or authentication measures without prior authorisation;
- impersonate another person;
- conduct or induce another person to conduct an unlawful activity or any activity that undermines the rights of Laboratoire Garancia, its suppliers, partners, distributors, advertisers or any other Visitor;
- transmit or transfer (by whatever means) information or software from the Website to other countries or certain foreign nationals in violation of any national or international law or regulation.
By acknowledging the global nature of the Internet, each Visitor undertakes to respect all the local and international policies and procedures relating to online behaviour and acceptable content, and, in particular, all legislation in force concerning the transmission of technical data.
At any moment and for any reason, Laboratoire Garancia can, without notice, implement any means that allow it to terminate the Visitor’s use of the Website, or any of the Laboratoire Garancia services, for any conduct that violates these Terms & Conditions of Use of the Website, without prejudicing any compensation that Laboratoire Garancia reserves the right to claim from the Visitor in the event that the latter does not respect these Terms & Conditions of Use.
5.1. Access and functioning of the Website
The Visitor is personally responsible for setting up the IT and telecommunications facilities to access the Laboratoire Garancia Website and the knowledge necessary for using the Internet and accessing the Website. The Visitor is responsible for the cost of connection and equipment related to accessing the Internet and the use of the Laboratoire Garancia Website.
The Visitor uses the Website at his/her own risk. Laboratoire Garancia cannot be held responsible for any damage that any Visitor could suffer as a result of such use. In addition, LABORATOIRE GARANCIA DISCLAIMS ALL LIABILITY FOR ANY CONSEQUENTIAL DAMAGES, WHATEVER THEIR CAUSES, ORIGINS, NATURE OR CONSEQUENCES INCLUDING, IN PARTICULAR, THE COSTS THAT MAY OCCUR IN THE ACQUISITION OF GOODS OFFERED ON THE SITE, LOSS OF PROFITS, CUSTOMERS, DATA OR ANY OTHER LOSS OF INTANGIBLE GOODS WHICH MAY ARISE DUE TO ANY ACCESS TO THE SITE OR IMPOSSIBILITY OF ACCESSING IT OR CREDIT ACCORDING TO ANY INFORMATION ARISING DIRECTLY OR INDIRECTLY FROM THE LATTER.
Laboratoire Garancia reserves the right to modify and update the Terms & Conditions of Use without notice. To stay informed of any possible changes, Laboratoire Garancia advises the Visitor to re-read these TCU regularly. Use of the Website is subject to the TCU in force at the time of use.
In the event that any provision of these TCU is nullified due to a change in legislation, regulations or a court decision, this in no way affects the validity of and compliance with the other TCU provisions.
6.3. Applicable law
These TCU are subject to French law.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, IMPLEMENTATION OR BREACH OF THE CONTRACT BETWEEN LABORATOIRE GARANCIA AND THE VISITOR, EVEN WHERE MULTIPLE DEFENDANTS ARE CONCERNED, AND IN THE CASE OF FAILURE TO REACH AMICABLE SETTLEMENT, SHALL COME SOLELY UNDER THE JURISDICTION OF THE PARIS COURTS. THIS ATTRIBUTION OF JURISDICTION IS VALID NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES IN REFERENCE OR BY APPLICATION.
For any information, you can contact LABORATOIRE GARANCIA Customer Services, 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
Laboratoire Garancia sells the products on its website remotely 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 null and void by Laboratoire Garancia. The purchaser, prior to his/her Order, confirms that the remote purchase of products from the 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 conditions and 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 offered by LABORATOIRE GARANCIA through its Website www.garancia-beauty.com.
Consequently, the act for the Purchaser of ordering a product offered for sale on LABORATOIRE GARANCIA’s Website implies full and complete acceptance of these Terms and Conditions of Sale which the Purchaser acknowledges having read prior to his/her Order.
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 places the Order.
These Terms & Conditions of Sale (hereinafter "TCS" or "Terms & Conditions of Sale") are supplemented by the General Conditions of Use of the Website and the "Personal Data & Cookies" charter.
Article 2 - Company Identity
Name: LABORATOIRE GARANCIA
Intra-community VAT No.: FR 75 479752321
Registered with the Paris RCS (Trade and Companies Register) under number B 479 752 321 00048 SIRET: 479 752 321 00055
Head Office: 10, Avenue du Recteur Poincaré 75016 Paris
For all claims, a "PRODUCTS" After-Sales Service is available to the PURCHASER:
Phone: LABORATOIRE GARANCIA Customer Services, 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
Post: SUIVI COMMANDE E-BOUTIQUE LABORATOIRE GARANCIA, 10 Avenue du Recteur Poincaré 75016 Paris
Article 3 - Contracts and Orders
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. Product 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 also appear on the Website; they 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 price of the products sold by LABORATOIRE GARANCIA on its Website.
3.2 Product characteristics
3.2.1 General provisions
The Purchaser can select one or more 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 the 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 GARANCIA cannot guarantee that the information given on product packaging is translated into all the languages of the European Union. However, this information will be made available in French and/or English as a minimum.
For any question relating to the products and their use, any additional question or request for advice, the Purchaser can contact LABORATOIRE GARANCIA’s Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad), during opening hours of the service indicated in the "Contact us" section of the LABORATOIRE GARANCIA Website.
The Purchaser can also go to physical sales outlets (Pharmacies, Drug Stores and Sephora) to get personalised advice and test the products offered for sale on the LABORATOIRE GARANCIA website.
LABORATOIRE GARANCIA offers are valid as long as they appear on the Website and while stocks last.
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 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.
- LABORATOIRE GARANCIA’s Customer Services 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, excluding the unavailable product.
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 Order amount,
- The available products will be delivered to the Purchaser;
- The Purchaser will be refunded the amount that the unavailable product costs as quickly as possible, and at the latest within 30 days of him/her having made the payment.
Any Order implies the acceptance of these Terms & Conditions of Sale, General Conditions of Use and the "Personal Data & Cookies" charter without prejudice to specific contractual terms agreed between the Parties.
Before confirming the Order, the Purchaser can check the details of his/her Order and correct any potential errors.
The remote sales contract is concluded from the moment the Purchaser confirms his/her Order by clicking on the "Confirm your payment" or "Confirm your basket" icon (hereinafter and heretofore "the Order"). He/she is considered to have knowingly accepted the content and conditions of the Order in question, and in particular these Terms & Conditions of Sale, the fact that his/her Order implies an obligation to pay on his/her part, the prices, volumes, characteristics, quantities and delivery times of products offered for sale and ordered by the Purchaser.
Once this step has been validated, the Purchaser can no longer cancel his/her Order. The sale will be final (subject to the exercise by the Purchaser of his/her right of withdrawal under the conditions provided for in Article 6 of these Terms & Conditions of Sale). The Order will be confirmed to the Purchaser by any appropriate means (the "Order Confirmation") and an email will be sent to him/her upon despatch of his/her Order.
LABORATOIRE GARANCIA recommends that the Purchaser keeps these emails either electronically or as printed copies. The Purchaser is informed that the emails are sent to the email address provided by the Purchaser. Also, in the event of an error when entering the relevant email address, or of non-receipt of the Order confirmation message, Laboratoire Garancia cannot be held responsible. In this case, the sale will be considered final, except for cases of cancellation of the Order by Laboratoire Garancia, in particular due to unavailability of products. However, the Purchaser can exercise his/her right of withdrawal in accordance with the conditions set out in Article 6 of these Terms & Conditions of Sale.
LABORATOIRE GARANCIA will then have the right to bank the total amount of the Order:
- For payments made by Laboratoire Garancia Gift Cards and/or purchase vouchers: upon confirmation of the Order;
- For payments made by other payment methods accepted on the Website in accordance with article 4.1 below: upon sending of the email informing the Purchaser of the dispatch of his/her Order.
Remember that purchases made on the Website are reserved for non-professional private customers for their own use (or for gifts within their family circle), which is why LABORATOIRE GARANCIA only sells its products in quantities corresponding to the normal average needs of a household. In accordance with Article L121-11 of the Consumer Code, LABORATOIRE GARANCIA reserves the right to refuse or cancel for a legitimate reason any Order where the number of products or the amount to be paid (for one or more orders cumulated) would not correspond to the usual average use of a household, any Order that would suggest that an economic activity is being carried out by the Purchaser in relation to the products ordered, or more generally, any abnormal Order within the meaning of the applicable jurisprudence in the matter.
Finally, LABORATOIRE GARANCIA reserves the right to suspend or cancel the processing of any Order and/or 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 when the Purchaser has made previous Orders.
Article 4 – Payment
The Purchaser can pay for the Order on the Website or by telephone under the conditions set out below. The Purchaser guarantees LABORATOIRE GARANCIA that he/she has the necessary authorisations to use the method of payment chosen for his/her Order, when registering the Order.
The Purchaser can pay for the Order on the Website under the conditions set out below.
4.1.1 Bank cards
The bank cards accepted on the Website are as follows: Carte Bleue, Visa, American Express and Master Card. These payment cards must be issued by a banking or financial institution located in the European Union or Monaco.
4.1.2 Laboratoire Garancia gift cards
Laboratoire Garancia gift cards may be used on the Website, on one or more occasions, up to their credit amount at the time of an Order, possibly supplemented by another means of payment accepted by LABORATOIRE GARANCIA (excluding Paypal). Only one Gift Card is accepted per Order.
A gift card cannot be used to purchase other gift cards.
The Purchaser may use his/her PayPal account to pay for Orders on the Website. This method of payment may not be combined with the use of a Gift Card from Laboratoire Garancia.
4.2 Paying by phone (via Customer Services)
In case of difficulties, the Purchaser may also pay for the Order using one of the means of payment referred to above, with LABORATOIRE GARANCIA’s Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
4.4 Payment methods
Any Order requires payment. These Orders are payable in euros, all taxes and mandatory contributions included. Any bank charges remain the responsibility of the Purchaser (including in the case of a refund).
Fees of an amount equal to the legal interest rate may, at the discretion of Laboratoire Garancia, be automatically applied to any unpaid amounts after a period of ten days from the date of the Order or upon notification of the rejection of a bank payment.
LABORATOIRE GARANCIA reserves the right to suspend or cancel the processing of any Order and/or 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 when the Purchaser has made previous Orders.
4.5 Security of payment transactions
In order to ensure the security of bank card payments on the Website, the Purchaser must send LABORATOIRE GARANCIA the visual cryptogram (CVV) on the back of the bank card used by the Purchaser.
As part of the fight against Internet fraud, information relating to the Purchaser’s Order may be transmitted to any third party authorised by law or designated by LABORATOIRE GARANCIA for the sole purpose of verifying the Purchaser’s identity, the validity of the Order, the method of payment used and the planned delivery.
Following this control, LABORATOIRE GARANCIA reserves the right to request a photocopy of the Purchaser’s identity card and/or any information relating to the Purchaser’s identity. All Purchasers have the right to access, rectify and delete personal data about them processed by Laboratoire Garancia under the conditions set out in Article 2 of the "Personal Data & Cookies" charter.
LABORATOIRE GARANCIA uses a secure payment tool called "System Pay". Payment security relies on the authentication of the Purchaser, and the confidentiality of all data. To ensure this security, System Pay uses proven cryptography techniques and respects the different banking regulations applicable in France.
Article 5 - Delivery and Receipt
5.1 General rules
Products ordered by the Purchaser in accordance with these TCS will be delivered to the address indicated by the Purchaser as delivery address for the relevant Order ("Delivery address").
LABORATOIRE GARANCIA delivers worldwide.
LABORATOIRE GARANCIA delivers to all the countries of the European Union, except Cyprus and Malta, and also delivers to Monaco and Andorra. However, EU territories outside the geographical area of Europe are not covered (eg: French overseas departments and territories).
The following territories are excluded from delivery in the European Union: Azores, Aland, Ahvenanmaa, Busingen, Campione d'Italia, Ceuta, Melilla, Faroe Islands, Greenland, Helogoland, Livigno, Lake Lugano, Madeira, Mount Athos, Vatican.
Purchase invoices are sent by email to the email address indicated by the Purchaser when registering on the LABORATOIRE GARANCIA Website.
5.2 Characteristics of the Website’s delivery modes
The delivery methods listed below are not offered for all products, so it may happen that a certain delivery method, including pick-up in-store, is not available to the Purchaser as part of his/her Order.
5.2.1 Delivery methods for mainland France, Corsica, Monaco and Andorra
(i) Colissimo delivery
The package containing the products ordered and paid for is deposited in the letter box at the Delivery Address.
Should the letter box be of insufficient size, the parcel is delivered at home and given either to the Purchaser or to the recipient of the Order, or, at the discretion of the postal service, to another person, in particular any person attached to his/her service, staying with him/her, specially mandated, provided with a power of attorney or to an identified third party.
Where the package could not be delivered for the reasons mentioned above (insufficient size of the letter box and/or absence of the recipient), the Purchaser or the recipient of the Order receives a visiting card, allowing him/her to pick up the parcel at the post office indicated on the visiting card, within a period of 14 days.
Beyond this deadline, the package is returned to the sender. In this case, the Purchaser will be refunded the amount of the Order, less despatch costs, by any means, at the choice of LABORATOIRE GARANCIA.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the computer system (scanning) of the French postal service.
(ii) Delivery via Point Relais by Mondial Relay
The parcel containing products which have been ordered and paid for is dropped off at the Point Relais selected by the Purchaser when making his/her Order, or at the substitution pick-up point in case of temporary or permanent closure of the latter.
The Purchaser of the Order receives an email allowing him/her to pick up the parcel at the Point Relais indicated in the email within a period of 15 days from receipt of the LABORATOIRE GARANCIA email. Collection at Point Relais is only possible upon presentation of the aforementioned email and the Purchaser’s identity document.
Beyond this deadline, the package is returned to the sender. In this case, the Purchaser will be refunded the amount of the Order, less despatch costs, by any means, at the choice of LABORATOIRE GARANCIA.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the Point Relais register.
5.2.2 Delivery methods for the other countries mentioned in article 5.1
Please note, LABORATOIRE GARANCIA reserves the right to change international carrier if it deems necessary. It is understood that this choice by LABORATOIRE GARANCIA will be of no consequence for the Purchaser.
(i) Delivery by UPS and IMX
Upon delivery, the Purchaser or the recipient of the Order receives their delivery from an agent of the company UPS or IMX and electronically signs an acknowledgment of receipt. This electronic acknowledgment of receipt is proof of delivery by LABORATOIRE GARANCIA, and receipt by the Purchaser or the recipient of the Order, of the products ordered.
In its absence, the Purchaser or recipient of the products ordered receives a calling card, allowing him/her to contact the carrier using the details indicated on the calling card to agree another delivery day. UPS or IMX reserves the right to deliver to anyone appearing to have authority to accept delivery of the consignment on behalf of the recipient (such as a person in the same premises as the recipient or neighbour). The recipient will be informed of all alternative delivery methods by an information note left at his/her address.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the computer system (scanning) of the carrier.
5.3 Anomaly, damage, damaged package
5.3.1 General provisions
The Purchaser, or the recipient of the Order, is invited to check the apparent condition of the package and products on delivery.
In case of anomaly relating to the parcel (damaged parcel, opened parcel, traces of liquid etc) or on the product(s) ordered (missing product(s), damaged product(s)), the Purchaser or recipient of the Order must follow the procedures described hereinafter (articles 5.3.2 and 5.3.3 of these Terms & Conditions of Sale) which corresponds to the conditions of the Order. Failure to comply with the appropriate procedure precludes any recourse to the carrier and LABORATOIRE GARANCIA. In particular, the Purchaser cannot claim any refund. The Purchaser or recipient of the Order also cannot claim that LABORATOIRE GARANCIA re-deliver the products ordered.
The Purchaser or recipient of the Order can also call LABORATOIRE GARANCIA Customer Services to find out how to return the damaged product(s). The procedure for returning damaged products that may be put forward by Laboratoire Garancia’s Customer Services must then be followed by the Purchaser. Otherwise, the Purchaser cannot claim any refund or exchange of the products in question.
5.3.2 Procedures that must be followed when the package is damaged
- Colissimo delivery
- Do not open the package. Attention: opening the parcel precludes any recourse against the postal service and LABORATOIRE GARANCIA.
- Return the unopened package to the postal service within five working days of delivery.
- Draw up a "declaration of damage" with the postal service.
- Notification of incidents and formulation of reservations must be made within 3 working days.
- Delivery via Point Relais by Mondial Relay
- Do not accept the package. Attention: opening the package precludes any recourse against Mondial Relay and LABORATOIRE GARANCIA.
- Report the refusal and anomaly to LABORATOIRE GARANCIA Customer Services, 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
- Report any damage or deficiencies found and address all complaints and reservations to LABORATOIRE GARANCIA Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
- UPS and IMX deliveries
In case of anomaly found in the presence of a UPS or IMX agent:
- Refuse delivery and immediately express all your reservations concerning the anomaly detected in a clear and detailed manner. These reservations must be raised by the Purchaser or recipient of the Order on the UPS or IMX driver's receipt.
- Advise LABORATOIRE GARANCIA Customer Services of your refusal on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
In case of anomaly discovered when the UPS or IMX agent is not present:
- Report the damage or deficiencies found and make any complaints and reservations with LABORATOIRE GARANCIA Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
Notification of incidents and the reporting of reservations must be done 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’s Customer Services of the missing or damaged product by calling 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
LABORATOIRE GARANCIA Customer Services can request any information relating to the identity of the Purchaser or Order recipient and carry out any checks that may be required.
5.4 Delivery Times and Costs
Delivery times start from the moment the Order confirmation email is sent.
If these deadlines are exceeded not due to a case of force majeure, the Purchaser will have the opportunity to cancel his/her Order under the following conditions:
- After sending a formal notice to the Customer Service Department of Laboratoire Garancia to make the delivery within a reasonable additional time and once this formal notice has had no effect or,
- If the Purchaser establishes that this delivery time was an essential condition of his/her Order. The formal notice or request for cancellation of the Order must be sent by registered letter with acknowledgement of receipt to the contact details indicated in the "Contact us" section of the Laboratoire Garancia Website or by phone at 01 45 20 84 85 between 9.00 and 18.00 French time (price of a local call from France, or +33 1 45 20 84 85 from abroad).
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.221-18 of the French Consumer Code ("Code de la Consommation"), 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 without having to justify this decision. In the case of a Gift Card purchased on the Website, the Purchaser has a period of 14 (fourteen) days from the confirmation of his/her Order to exercise his/her right of withdrawal, provided however that the gift card has not been used in whole or in part before the expiry of that period. Indeed, in this case, no right of withdrawal or refund in any form whatsoever is provided.
6.1.2. Ways of exercising your legal right of withdrawal
The ways in which you can exercise your legal right of withdrawal are described in Article 6.3 of these Terms & Conditions of Sale.
6.1.3. Products excluded from the legal right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for Orders relating to the supply of goods which have been unsealed after delivery and which cannot be returned for hygiene or health protection reasons.
As a result, the Purchaser is alerted to the fact that he/she will not be able to assert his/her contractual right of withdrawal on products he/she has unsealed and where resale by Laboratoire Garancia would present risks for reasons of hygiene or health protection for consumers (eg care products, make-up products etc).
6.1.4. Consequences of exercising your legal right of withdrawal
If the products can be subject to a legal right of withdrawal, the Purchaser exercising his/her right of withdrawal under the conditions envisaged in the present article in terms of timing and methods for returning the products, will be able to obtain a refund for the products returned as well as delivery costs of the Order.
In accordance with Article L.221-21-3 of the French Consumer Code ("Code de la Consommation"), 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 return costs will be met by Laboratoire Garancia).
6.1.6 Ways of exercising your legal right of withdrawal
The Purchaser or, as the case may be, the recipient of the Order, must inform Laboratoire Garancia of his/her desire to withdraw in one of the following ways:
- Phone: LABORATOIRE GARANCIA Customer Services, 01 45 20 84 85 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
- Email: firstname.lastname@example.org
- Post: SUIVI COMMANDE E-BOUTIQUE LABORATOIRE GARANCIA, 10 avenue du Recteur Poincaré 75016 Paris
In this situation, the Customer is informed that it is not technically possible for Laboratoire Garancia to block shipment of products once the Order has been validated. The Order will then be sent to the Purchaser and the Purchaser agrees, in accordance with Article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of 14 (fourteen) days from this information being provided to Laboratoire Garancia. In case of receipt of the products beyond this period of 14 days, informing Laboratoire Garancia of the Purchaser’s desire to withdraw is deemed to come into effect at the time of the actual despatch of the products.
Returns via Point Relais will not be accepted.
6.1.7. General provisions applicable to all modes of return
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, accessories, instructions, etc) at the latest within 2 (two) months of their date of receipt. Products returned after this period will not be accepted. Products must also be sent back with their Order number, either on the Returns Slip that should be signed by the Purchaser or the Order recipient and included with the products, or on another document. The Purchaser and 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. With regard to gift cards purchased on the LABORATOIRE GARANCIA Website, the return conditions detailed in this article may only apply if the gift card has not been used in whole or in part before the end of this period. Indeed, in this case, no right of withdrawal or refund in any form whatsoever is provided. If the Purchaser has taken advantage of an offer against purchase on the Website, entitling him/her, subject to conditions, to one or more free product(s) in exchange for his/her Order and, that because of the exercise of his/her right of withdrawal, the latter is no longer eligible for the offer in question; the Purchaser will then have to send the product(s) he/she wishes to return accompanied by the free product(s) received in exchange for the Order of the product(s) returned so that Laboratoire Garancia can consider his/her request for withdrawal.
The responsibility of the Purchaser(s) may be invoked in case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and, where appropriate, the proper functioning of the products.
6.1.8. Returns by post
The Purchaser or the recipient of the Order who wishes to exercise his/her right of withdrawal, legal or contractual, by returning a product by mail/package must follow these instructions:
- The original packaging should be used to return the product(s) in question.
- Send the parcel or postal item by registered mail with acknowledgement of receipt to the following address:
10, Avenue du Recteur Poincaré
LABORATOIRE GARANCIA will not accept parcels or letters with postage due.
If the Purchaser/Order recipient cannot prove that he/she has actually left the product(s) with the carrier or at a store, any risk connected with the return of the product is the responsibility of the Purchaser or the Order recipient.
Article 7 - Guarantees
7.1. Legal guarantees
All products on sale on the Website benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Purchaser to return defective or non-compliant products delivered without charge.
7.1.1 Legal guarantee of conformity
The French Consumer Code provides for the following in terms of a legal guarantee of conformity: Article L217-4: "The seller is obliged to deliver a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly or installation instructions when it was its responsibility under the contract or was carried out under its responsibility."
Article L211-5: "To be in conformity with the contract, the good must:
1) Be fit for the customary use expected of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities it has presented to the purchaser in the form of a sample or model;
- present the qualities that a purchaser may legitimately expect given the public statements made by the seller, the producer or his/her representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the purchaser, made known to the seller and that the latter has accepted.
Article L211-12: The action resulting from the lack of conformity is prescribed by two years from delivery of the goods.
7.1.2 Guarantee against latent defects
The French Civil Code provides the following in terms of guarantee against latent defects:
Article 1641 of the Civil Code: The seller is bound by the guarantee by reason of latent defects of the item sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the Purchaser would not have acquired it, or would have paid a lower price, if he/she had known about them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought up by the purchaser within two years of discovering the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent faults or defects in conformity."
As part of the legal guarantee of latent defects, LABORATOIRE GARANCIA, according to your choice, agrees, after evaluation of the defect:
- Either to refund the full price of the returned product,
- Or to refund part of the price of the product if the Purchaser decides to keep the product.
7.1.3 Exclusion of guarantees
Excluded from the guarantee are products modified, repaired, integrated or added by the Purchaser. The guarantee does not cover apparent defects. The guarantee will not cover products damaged during transport or due to misuse.
7.2 Procedures for implementing legal guarantees
When acting on a legal guarantee of conformity, the Purchaser:
- has a period of two years from delivery of the good to act;
- can choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempted from providing proof of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of any commercial guarantee that may be granted.
The Purchaser may decide to implement the guarantee against latent defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he/she can choose between the resolution of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
These provisions are not exclusive of the right of withdrawal defined in Article 6 above.
7.3 Consequence of the implementation of guarantees
Under the legal guarantee of conformity, LABORATOIRE GARANCIA agrees according to the choice of the Purchaser:
- either to replace the product with an identical product subject to available stocks,
- or to refund the price of the product if replacing a product proves impossible.
Under the legal guarantee against latent defects, LABORATOIRE GARANCIA, according to your choice, agrees, after evaluating the defect:
- Either to refund the full price of the returned product,
- Or to refund part of the price of the product if the Purchaser decides to keep the product.
Article 8 - 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 9 - 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.
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, is strictly prohibited. The same applies to all copyrights, designs, models and patents featured and/or used on the Website.
Article 10 - Signature and proof
LABORATOIRE GARANCIA endeavours to protect its customers’ personal details by guaranteeing a high level of security, however the Purchaser also has a role to play in safeguarding his/her personal data. In particular, the Purchaser must maintain the security of his/her online transactions for example 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. As such, the use of the Purchaser’s user name (his/her email address) and/or his/her password constitutes proof of his/her identity and his/her liability for the relevant sums when the Order is validated. 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.
The Parties agree that all data, information, files and any other digital element exchanged between the Parties will constitute admissible, valid, enforceable and probative evidence of a private agreement.
The Parties undertake not to contest the admissibility, validity, enforceability or probative value of the aforementioned electronic elements, on the basis of their electronic nature. Unless proved otherwise, these elements shall be valid and enforceable between the Parties in the same manner, under the same conditions and with the same probative force as any document drawn up, received or kept in writing.
Article 11 - Responsibility
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 Website 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.
11.2 Limitation of responsibility
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.
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 12 - 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). The purpose, recipients and conditions under which LABORATOIRE GARANCIA collects and processes personal data are set out in the "Personal Data & Cookies" charter on the Website.
Article 13 - 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 Purchasers, and all users generally, to re-read the TCS, the Legal Information and the Website’s Terms & Conditions of Use and "Personal Data & Cookies" charter regularly. Any Order placed is subject to the Terms & Conditions of Sale in force at the time of the Order.
Article 14 - General
14.1 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.
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.
14.3 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").
The TCS shall apply for the entire period that the products for sale by LABORATOIRE GARANCIA are online, until the end of the 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 withdrawal form
(Please complete and return this form and your order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of LABORATOIRE GARANCIA, 10 avenue du Recteur Poincaré, 75016 Paris.
I hereby notify you of my withdrawal from the contract for the sale of the item below:
- Ordered on [……………..] (*) received on [……………..] (*)
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only in case of notification of this form on paper)
(*) Delete where not applicable
LABORATOIRE GARANCIA CHARTER – PERSONAL DATA & COOKIES
Date of last update: 20 May 2018
Object of the last update : overhaul of the charter in full to fulfil the obligation of transparency for which provision is made by the European Data Protection Regulation (EU Regulation 2016/679).
Laboratoire Garancia respects your concerns concerning protection of your privacy and personal data.
This charter defines how Laboratoire Garancia uses your personal information when you use the Laboratoire Garancia website hereinafter collectively referred to as the “Website”, as well as when you interact with us (our “Services”). It allows you to be aware of the origin and use of browsing information collected using Cookies, as well as exercising your rights and options pursuant to applicable data protection legislation.
This charter is applicable to our website and services offered by Laboratoire Garancia and completes the “General Terms and Conditions of Sale” of the Website (as well as any document or information notice referring to this charter).
WHAT IS THE ROLE AND RESPONSIBILITY OF LABORATOIRE GARANCIA IN PROCESSING YOUR PERSONAL DATA ?
The processing manager is GARANCIA SAS, a simplified joint stock company entered on the Paris Trade and Companies Register under number B 479 752 321 0048 having its registered office at: 10, avenue du Recteur Poincaré, 75016 Paris, France (hereinafter referred to as “Laboratoire Garancia”).
WHAT INFORMATION DO WE COLLECT ?
Laboratoire Garancia collects several types of information concerning you:
Information that you send us directly.
We collect information which you send us directly when using the Website and our Services.
This is notably the case when you:
- Create an online account
- Subscribe to our loyalty program,
- We call you,
- You sign up to receive our emails,
- Participate in a prize draw, competition, promotion or survey,
- Communicate with us via third party social networks,
- Request customer assistance,
- Communicate with us in any other manner.
Communication of your personal data is voluntary. However, if you should not provide any information requested in whole or in part, we may not be able to provide you with certain products or services or information.
The categories of information we collect include:
- Identification and contact information (such as full name, date of birth, postal address, contact details) required for identification when you use one of our Services (e.g.: Online account creation),
- Transactional information required to deal with your order (articles selected, delivery and billing address, telephone number and email address, telephone number, payment method, including notably your card details and card holder when you make a payment online)
- Socio-demographic information (such as for instance your age, profession, gender, etc. indicated when you post a comment)
- Information about your skin type that you decide to share as part of using the online diagnosis tool
- Online order history information
- History of contact with us (we also store the history of our relations when you contact Customer Service or when you make a claim)
- The comments you post about products which you post on our website
Data that we request and which is essential to respond to your requests is identified by an asterisk or an equivalent process on data collection forms or indicated orally at the time of collection. If you do not complete the compulsory fields or send information notified as compulsory, we will not be able to respond to your requests.
During events that we organise, we may collect additional personal data in line with terms and conditions and for uses which are specially indicated on this occasion.
Information we collect automatically.
We automatically collect certain information concerning you when you access our Website, use or undertake a commercial transaction with us, notably:
- Login information: We collect information concerning the workstation from which you log in, as well as your use of the Website (such as the operating system, type of browser you use, use of a proxy or otherwise, location of the workstation from your IP address which identifies your computer, access times, pages visited, and the link which allows us to access our Website).
- Geolocation information: When you are logged in using the mobile app and have activated the option, we collect information about your geolocation.
- Recording calls to Customer Service Moreover, in the event of calling one of our advisors, your conversations may be recorded for quality. You are informed of this by a pre-recorded message. You will always be offered other methods of contacting us, if you do not wish for your conversation to be recorded.
Moreover, in line with the data we already hold, some forms may already be completed.
Information we collect from partners and other sources
We are also likely to receive information about you from other sources and assimilate these to information we collect about you, such as:
- Information from local postal databases to check and update distribution addresses;
- Data sent by third party partners: This concerns information sent to us by third party partners with whom you have been in contact and who you have authorised to share your personal data with us for commercial prospection or targeted advertising. This concerns socio-demographic data (such as your socio-professional status, age bracket, gender), contact information (such as your email address, telephone number), profile information (such as your taste for a given product or service, your hobbies)
- Data sent by social networks: This concerns information which has been sent to us by social networks you used via our Website. Notably, when you share your experience concerning Laboratoire Garancia with other clients, you use a social network and send information to this social network and to us. This information is governed by the data protection policies of these social networks to whom you send the data.
Information concerning third parties
In certain cases, we may also be led to collect information which you provide concerning other people, for instance when you purchase a gift voucher for someone and request that this person receives the voucher electronically, when you decide to purchase and send products to someone, or when you take part in a game on our Website and invite friends to take part. We use said information to respond to your requests and never send marketing information to your contacts unless they choose to receive information from us.
WHAT IS THE LEGAL FRAMEWORK AND HOW DO WE USE YOUR INFORMATION ?
We only collect personal data when we have a legal framework to do so.
Data collected as outlined below is undertaken as this data is:
1) Required to provide Services and place orders.
We use your data so as to manage contracts and Services subscribed and respond to our contractual obligations, and notably:
- Provide products and services which you requested online, process transactions and invoicing, undertake deliveries, including management of online fraud and payment means and default payments.
- Management of your online account and the loyalty program;
- Allow you to benefit from advantages of the Loyalty Program which you have subscribed,
- Manage your opinion about products;
- Any other current or future service pertaining to the Services entered in the pertaining general terms and conditions of use.
2) Required for our legitimate best interests
In this instance we ensure that we take due account of any potential impact that this may have on you and the users of the Website more widely. If we believe that your best interests or your fundamental rights and liberties exceed our best interests, we will not use your personal data on this basis and may request your consent.
Management of customer relations.
We ensure the management of our relations with you by updating a database which includes existing and potential clients and allows us to proactively manage our loyalty program.
To allow you to freely browse the Website and improve the user experience. More widely, you can browse on the Website without needing to send us data allowing you to be identified. However, your browsing information is automatically collected (see the section entitled “Information we collect automatically” to guarantee the security of the Website and customise the online user experience.
Customisation of websites and applications and advertising in line with your preferences. Notwithstanding any other options by you (to exercise your choices, consult the Garancia cookies policy), we monitor and analyse your habits, uses and activity (including via the combination of your data collected in the framework of the Website with that collected during use of our Services) so as to establish user profiles, display you or send targeted advertising and to customise our websites and applications, including using technologies which install cookies on your workstation or in emails we send to you.
Data combination. We associate and combine your personal data collected online and offline with your account data when you have an account or are subscribed to the loyalty program or use any of our Services.
Performing studies and statistics.
We also use information collected for studies and statistics, after having made these anonymous or, in all instances, having implemented processes intended to prevent the reallocation of data to a given person.
Guarantee an effective Customer Service.
We use your data so as to communicate with you, manage your subscriptions to our newsletters and answer questions, and handle claims (Customer Service). If you call, Laboratoire Garancia records conversations so as to handle claims for further investigation.
Communicate with you about products, services, offers, promotions, advantages and events and send you information which may be of interest.
We collect and process your personal data as an extension of our legitimate interest to manage and coordinate, in a dynamic manner, commercial relations, to promote our commercial image and inform people about our products and services, including promotion of adapted services for your location, to perform consumer surveys and market surveys. Offers may also concern third party products or services. We may also share some information with our commercial partners for commercial canvassing. If, in general, you do not wish for such use of your personal information, simply contact us in line with the terms and conditions outlined under the section entitled What are your options in terms of promotional communication?
Important information concerning processing undertaken for prevention and management of payment incidents
For any question concerning inspections or in the event of your account being blocked, we invite you to contact Customer Service (see the section entitled Contact Us).
We do not use personal information for any purposes which are incompatible with those for which the information was collected, unless this has been subsequently approved by you.
3) Required to comply with our legal obligations.
Some data is also stored so as to respond to our legal obligations and defend our legitimate interests in the event of any dispute or legal action.
FOR HOW LONG IS YOUR INFORMATION STORED ?
Your personal information is stored for as long as you are a client.
More widely, your data is stored for the amount of time you are a client with us, increased by three years at the end of our relations, and is then archived so as to fulfil our legal obligations or for investigation or is anonymised for studies and statistics.
We do however store some information after deletion of your account where such storage is required by law, or necessary to allow us to handle disputes and claims.
In some instances, we may store some of your data even if you delete your account, by way of a legal obligation, or if there is still a problem concerning the account, for instance, a debit balance or unresolved dispute or claim. In this instance, the information required to resolve the issue or dispute is stored for as long as the dispute lasts in the limit of rules applicable for time-stamping. Other data may be stored after processing intended to prevent re-allocation to a given person for studies and statistics.
Category of data concerned
Term of storage before deletion
Subscription to the newsletter
Information pertaining to your email address and options in terms of electronic canvassing
Until de-registration via your account or by the use of links
History of transactions
List of orders placed online and store (if you used your loyalty card)
For as long as the account is active, increased by a term of 3 years
Real-time location when you have activated this service so as to propose products and services in line with your location
Lack of data storage
Payment for online orders
When you have opted for this information to be stored in your account for future purchases
Until deletion via your account or until the end of validity of the bank card
Proof of ID required to check the bank card holder
This document is destroyed once additional checks are undertaken and within a maximum of 24 hours
Website and Service security
Identification information, login information, including IP address
With whom do we share your data ?
We share your data where required to manage the Website and services.
In the framework of use of our Services, some of your information is sent to service providers and sub-contractors who intervene to manage the Website and provide you with the associated services as required. Consequently, your payment information is sent to our payment service providers and account holding banks as part of performance of transactions pertaining to your subscriptions, management of loyalty cards and management of marketing operations.
Subject to your consent, some data (contact details, profile) is shared with partners so as to send you bespoke offers.
Your details, hobbies, age or socio-professional category are shared in respect of your options with our commercial partners who are also likely to send you information concerning their products and services. This information may notably consist of offers concerning care samples, or other products sold by our partners. For instance, we are likely to provide some of your information to partners when you express your wish to participate in a competition or promotional operation around the launch of a new product. (To review your options, please consult the section entitled How to unsubscribe from newsletters, manage promotional communication and targeted advertising options? )
Your data is shared with our credit recovery partners, legal counsel, or third parties authorised by law, so as to recover our liabilities, manage disputes, prevent payment defaults and disputes.
We are also led to share your data with external legal counsel in the event of any dispute, with third parties, such as credit recovery firms, responsible for collecting unpaid amounts or in the framework of combating online fraud to third parties authorised by law or appointed by Laboratoire Garancia for the sole purpose of checking the identity of the buyer, the validity of the order, the payment and delivery method used.
Data is also shared with third parties when you use social buttons.
When you use the social buttons, your identification information is automatically sent to these social networks. You also have the option of sharing some information or content from our website on social networks. This use is governed by the terms and conditions of use of said social network which we invite you to consult.
Your personal data may also be shared in those instances not outlined hereinabove with your consent or in line with your instructions or when we are bound to by law. In such instance as the activities of Laboratoire Garancia in whole or in part are transferred, your Personal Data will be sent to the buyer so as to guarantee the continuity of Services and/or, notwithstanding other options made by you, for commercial canvassing.
How is your personal data security guaranteed ?
Your personal data is protected by technical and organisational measures which comply with French and European legislative and regulatory requirements, which guarantees their security and confidentiality.
In particular, Laboratoire Garancia uses protection technologies, such as encryption, authentication and fraud detection systems which protect your online account, as well as payment transactions.
Laboratoire Garancia ensures, pursuant to written commitments, that its service providers and sub-contractors present guarantees and implement sufficient security measures to protect personal data for which processing is conferred thereunto pursuant to requirements of data protection legislation.
We store your Personal Data in the European Union. Data we collect when you use our Site or Services is not transferred outside of the European Union.
HOW TO UNSUBSCRIBE FROM NEWSLETTERS, MANAGE PROMOTIONAL COMMUNICATION AND TARGETED PUBLICITY OPTIONS ?
What are your options concerning promotional communication ?
You have the option of joining our distribution lists and accepting to receive marketing and promotional information from us. You can change your mind concerning promotional communication options at any time by following the below steps.
If you have an account : Log in to your online account and change the settings under “Preferences”,
Contact Customer Service:
- By letter at the following address: Service Clients Laboratoire Garancia, 10 avenue du Recteur Poincaré 75016 Paris, France
- Or by calling 01 45 20 73 65 from 9am to 8pm Monday to Friday (calls charged at local rate from France, or +33 1 45 20 84 85 from abroad).
- Or by email at : email@example.com
Newsletter : If you have an account on our site, at any time you can modify your subscriptions to newsletters and unsubscribe by deselecting the corresponding box.
electronic communication : At any time you are also able to click on the unsubscribe links appearing in our promotional mails or by responding “STOP” to the SMS you have received
postal correspondence, at any time you can refuse to be contacted by us in line with the terms and conditions outlined under Contact Us.
telephone calls, at any time you can refuse to be called by contacting us in line with the terms and conditions outlined under Contact Us . You can also join the telephone canvassing red list named Bloctel (applicable if you do not have an account or loyalty card).
Even if you unsubscribe from promotional communications, it is possible that we continue to send you letters, calls and/or non-promotional emails, such as those concerning your account or pending transactions.
WHAT CAN YOU DO IF YOU NO LONGER WISH TO RECEIVE TARGETED ADVERTISING ?
We may also use these by reconciling your browsing data using cookies with targeted advertising (for instance to display on third party websites, adverts which suit your profile or which we believe may interest you or for commercial switching when you read an email with a particular offer). This type of targeting is made possible by use of technologies of our partners to link browsing data of a single use on these Sites, social media platforms or third party sites and regardless of the workstation used.
• On social network platforms (for instance, Facebook, Instagram): You can refuse this processing at any time by changing publicity settings in your account
• On third party sites : You can refer to our Cookies policy to understand how to withdraw your consent.
Please note, refusing targeted publicity only means that you will no longer be a recipient of publicities for which you are specifically targeted. This will not affect or prevent the display or receipt of other types of non-targeted publicity.
HOW CAN YOU ACCESS PERSONAL DATA ? HOW CAN YOU CORRECT OR DELETE DATA OR EXERCISE YOUR OTHER RIGHTS ?
Access and copies
You have a right to access and communication of your personal data. Before responding to your request, we are bound by law to check your identity. We may be led to request that you provide more information to respond to your request. We strive to follow up your request as soon as practically possible.
If you have a Garancia account, you can directly access data in your online account, the history of transactions, as well as your commercial canvassing choices.
This access also allows you to correct, amend or delete your identification data and details. In the event of deleting data, you will no longer be able to benefit from Services related to your online account or the loyalty program. You can, within the limits for which provision is made by laws, exercise your right to portability allowing you to reclaim, in an interoperable format, personal data which you have sent us in an automated manner at the time of account creation and/or subscription to our loyalty program.
If you cannot access your account or to access other data, contact us in line with the terms and conditions indicated under the Contact Us section below.
Modify incorrect personal data
You are also able to request the possibility of correcting your persona data which is incorrect ad limit processing during their correction. You are also entitled, according to the nature of processing, to request that personal data we hold be completed. We are, in this instance, likely to request supporting documentation.
If you cannot access your account or if data you wish to modify cannot be correct via account access, contact us in line with the terms and conditions indicated under the Contact Us section below.
Withdrawing your consent for personal data processing
Processing of your personal data rests on your consent (such as for example subscription to the newsletter, the issue of electronic commercial requests for services and products other than those which you have already subscribed, the use of similar cookies and technologies on this site), you are entitled to withdraw your consent at any time.
This right can be exercised by modifying your options in terms of commercial canvassing and subscription to your newsletters, as well as by withdrawing your consent to the installation of cookies in line with the terms and conditions indicated in the Laboratoire Garancia Cookies Policy.
Request deletion of your personal data
You can also request deletion of your personal data in the following cases:
- You consider that our processing of your data is no longer necessary in light of the Services subscribed or your use of the Site, or performance of the objectives indicated in this policy or that their storage runs contrary to law.
- You have withdrawn your consent for data processing (see above)
- You object to processing of your persona data for reasons concerning your persona circumstances
- You object to use of your personal data for commercial canvassing
- Your data has been collected online even though you are a minor.
- You may alternatively, in the limits for which provision is made by law, request limitation of processing of your personal data.
Please note that notwithstanding exercising of your right to deletion or limitation, we are likely to store some data where law imposes or authorises us to do so, when we have legitimate grounds to do so (for instance to allow us to justify performance of a contract), to exercise defence of legal rights or when exercising these rights harms the freedom of expression and information. This is for instance the case if we believe that we have breached our General Terms and Conditions of Use or our General Terms and Conditions of Sale.
HOW TO CONTACT US ?
For any question pertaining to this data protection policy or any request concerning your personal data, you can contact:
- by letter to the following address: Service Clients Laboratoire Garancia, 10 avenue du Recteur Poincaré 75016 Paris, France
Or by calling 01 45 20 73 65 from 9am to 8pm Monday to Friday (calls charged at local rate from France, or +33 1 45 20 84 85 from abroad).
Or by email at : firstname.lastname@example.org
For France and where fundamental local provisions prevail, you can also define directives pertaining to what happens to your Personal Data after your death by writing us a letter with the title “Post mortem directives” and sent to the above address.
HOW CAN YOU BE NOTIFIED OF MODIFICATIONS TO THIS POLICY ?
Important note: We are likely to chance this policy from time to time to reflect changes in our practices, to more clearly indicate our practices or respect regulations. In this instance, you will be notified by a message on this site inviting you to consult the update policy, as well as by any other appropriate means. If you are an account holder, you will also be informed by email or an account notification.
LABORATOIRE GARANCIA COOKIES POLICY
When you log in to our Website, we (or our partners) may be led, subject to your choices, to install various cookies on your Workstation allowing us to recognise which web browser you use during the term of validity of the Cookie concerned (your “Workstation”).
This page allows you to understand what a Cookie is, how we use it and the way you can make choices concerning Cookies.
WHAT IS A “COOKIE” ?
A “Cookie” is a generic term which refers to a text file stored on a dedicated area of the workstation’s hard disc (e.g.: Computer, tablet, smartphone, etc.) of a media user (internet, applications, etc.), at the time of consultation of content or online publicity. This Cookie file allows the issuer to identify the terminal on which it is stored and to monitor activities of the media user, and to remember information, such as user preferences or information previously entered by the user in forms on the media, during the term of validity or storage of the Cookie. Some Cookies are essential for use of the media, others allow for optimisation and personalisation of content displayed, and others to display publicities.
Cookies do not allow for direct identification of a user, but identify a browser or terminal. Information pertaining to content consulted on a media are directly associated to a log in within the Cookie. When a user browses on a media, the log in is associated to pages visited, as well as more widely to the background on the media and interactions (number of clicks for instance): It is therefore possible to monitor browsing of a single user on the media.
WHAT ARE THE COOKIES USED ON OUR WEBSITE?
When you log in to our Website, we may be led to install four types of Cookies on your Terminal:
- Technical Cookies to make browsing possible on the website, guarantee security of the website and allow you to access various products and services on the website.
- Online payment security cookies to prevent payment fraud.
- Audience measurement cookies allowing us to draft frequentation statistics, to compare these with those of other sites and decide on actions (such as sending you an email)
- Publicity cookies allowing us, and third parties, to display publicities on the site and others adapted to your profile established by combination of data between your browsing habits and data from client databases of the Laboratoire Garancia and third parties.
- Sharing cookies allowing you to share content on our website with other people or to inform other people of your consultation or opinion concerning site content.
HOW ARE YOU INFORMED ?
Below is further information concerning cookies and the way you can manage Cookies settings.
Term of storage and the consequence of blocking cookies
Type of cookies
Term of storage
Consequence of the blockage
Their lifetime is very short, generally lasting a session
Risk of no longer being able to access the website and/or website services
Their lifetime is very short, generally lasting a session, several hours and at most a year
Lack of adaptation of presentation of the website with the display preferences of your workstation and storage of your login password and information in forms completed on the website
Analysis performance and audience measurement cookies
The lifetime of these Cookies for audience measurement does not exceed 13 months
No consequence on use of the website
The lifetime of these Cookies for audience measurement does not exceed 13 months in principle
No consequence on use of the website. However, deletion will not lead to adverts online being stopped. This will only lead to adverts which do not take into account your areas of interest
The lifetime of these sharing Cookies is determined by each social network but should not exceed 13 months
No consequences on use of the website. However, deactivating Cookies will prevent any interaction with the network(s) concerned
YOUR COOKIES CHOICES
By using our website, you consent to the use of the aforementioned Cookies. You can, however, choose to deactivate Cookies at any time, in whole or in part.
You have various methods of managing cookies choices:
Cookies management tools
- The Cookies management tool used by Laboratoire Garancia allows you to understand and control the use of the majority of cookies that the Website uses when you consult and adjust preferences (refusal or acceptance)
- Concerning publicity Cookies, you can also log in to Youronlinechoices, proposed by digital publicity professionals within the European association EDAA (European Digital Advertising Alliance) and managed by France Interactive Advertising Bureau France.
Refusal to accept these publicity cookies has no impact on use of our website. However, refusing these will not stop publicity on our website or online. This will only lead to displaying a publicity which does not take account of your centres of interest.
Some cookies are not managed in the tool, and the way in which these can be deactivates is as follows:
Express your choice by clicking the below buttons:
Clicking " no" prevents automated processing of your order (find out more)
Adobe Flash Player™
The choices made by your browsing software
We remind you that deactivation of all Cookies will prevent you from using our website under normal conditions, with the exception of basic functions.
- If you use Explorer : Click on Tools, then Internet Options. Under the general tab, Browsing History, click on Settings. Then click on Display files and select or Cookies that you want to deactivate. Then close the window which includes this list of Cookies and double click on OK to return to the Internet.
- If you use Firefox : Click on the Firefox Menu icon and then on Tools, and then Options; In the window which is displayed, choose Privacy and click on Delete Specific Cookies. Select the Cookies that you want to deactivate and delete them.
- If you use Safari : Click on Settings and then Preferences. In the window which is displayed, choose Confidentiality/Security and click on Display Cookies. Select the Cookies you want to deactivate and then click on Delete or Delete All.
- If you use Chrome : Click on the Google Chrome menu icon and then Settings. At the foot of the page, click on Display advanced settings. Under Confidentiality, click on Content Settings. To deactivate cookies: Select Stop all sites from storing data, click on Cookies and site data, then move the mouse over the site which created the Cookie, and click on X on the right corner, or click Delete All.
Technical cookies include cookies which are strictly necessary for browsing on the Website (such as session log in information) as well as Cookies for functions which allow you to access specific functions so as to recognise you, indicate that you visited a particular page and improve your browsing comfort and notably to:
- Store information pertaining to a form you completed on our Website (registration or access to your account) or products, services or information that you have selected on our Website (service subscribed, content of an order basket, etc.),
- To allow you to access reserved and staff areas on our Website such as your account, thanks to log in information or data you previously sent us,
- Implement security measures, for instance when you are asked to log in again to a content or service after a certain amount of time,
- Adapt the presentation of the website to the display preferences of your workstation (language used, display resolution).
You can object to use of this type of cookies and delete them by using the settings of your browser (see the section entitled The choices offered by your web browser), however you may no longer be able to access the site and/or services of the Website.
Payment security services
Cookies can help prevent online fraud (prevention of fraud of payment means, identity theft). Consequently, Laboratoire Garancia or its service providers acting on its behalf may store, subject to your rights and entitlements, tracers with a view to collecting information pertaining to the workstation allowing an order to be placed (notably the operating system used, the location of the machine, use of a proxy or otherwise). These “fingerprint” tracers associated with your Order information are used to validate your Order, payment method used and delivery method. This information may be sent to any third party authorised by law or service providers to prevent and detect fraud as appointed by LABORATOIRE GARANCIA solely to verify the identity of the buyer, the validity of the order, the payment method used and planned delivery.
For any question concerning these verifications or in the event of your account being blocked we invite you to contact Customer Service (see the section entitled How to contact us).
Audience measurement cookies
Audience measurement cookies allow for measurement of the audience for various content and sections on our website, so as to evaluate and better organise these and notably to:
- Established statistics and volumes of frequentation and use of various elements comprising our Website (section and contents visited, history) allowing us to improve the interest and ergonomics of our services
- Adapt the presentation of our Website or publicity spaces to the display preferences of your workstation (language used, display resolution, operating system used, etc.) During visits to our Website, in line with the hardware and software for visualisation or reading that your workstation includes.
Audience measurement Cookies are issued by us or our service providers. In addition to analysis of frequentation, they also allow, where applicable, for detection of browsing issues and consequently to improve the ergonomics of our services.
Frequentation analysis services used by the Website only produce and send our technical service providers approved statistics and frequentation volumes, with the exclusion of all individual information. These statistics are reconciled with frequentation statistics of other sites, as well as with your client data.
Consequently, we also use effectiveness measurement tools for our email campaigns, allowing us to initiate pertinent commercial initiatives in line with information collected (for example the issue of a new message or personalised offer).
You can choose to deactivate the use of statistical analysis cookies of your browsing data. To do so, consult the section entitled “Your Cookies choices”.
The use of publicity cookies allows us to determine the publicity content for promotion of products and/or services proposed on our website exclusively and likely to correspond to the centres of interest deduced from prior navigation of the workstation concerned, notably by:
- Counting the total number of publicities displayed by us on our advertising space, identify these publicities, their number of respective displays, the number of users having clicked on each publicity and, where applicable, the subsequent actions undertaken by these users on the pages to which these publicities lead,
- Adapting the publicity content of our Website and on the workstation by our publicity spaces as well as our offers, according to the browsing of your workstation on our Website, or third party websites, the purchases that you can make and/or in line with the location data (longitude and latitude) sent by your terminal (with your prior consent).
- Insofar as you have provided personal data, notably electronic contact data, at the time of registration, your Order or access to any of our services, to reconcile this data with browsing information so as to send you, for instance, electronic canvassing or to display on your workstation, within publicity space we issue, personalised publicity which is specifically designed to personally interest you;
- Send you electronic canvassing in line with your user profile.
How is information collected by Cookies publicities ?
Publicity cookies installed on the user workstation using tracing technologies (“Tracer”) provided by our partners which are inserted on pages visited or directly inserted by advertisers in publicities displayed on the Website.
This Tracer will automatically send partners information concerning the content of the page visited or the publicity installed on the page visited. This information is reconciled with the log in included in Cookies stored on your Workstation by partners.
How is this information reconciled ?
When you have an online account, a loyalty card, or you place an order, information collected using publicity Cookies on the Website or third party sites is reconciled and combined with that from use of your account or our products and services and allow us to draft your user profile which is used for targeted publicity and commercial canvassing.
Your profile is also populated with information from your interactions with our partners or other editors, clients and partners. Reconciliation is also undertaken using data collected offline and which is stored in our customer management tools or those managed by these commercial partners (communication agencies, audience measurement companies, targeted publicity service providers).
What is the interest of seeing publicities adapted to your browsing ?
Your interest for publicity content displayed on your Workstation when you consult a Website often determines the publicity resources of this allowing it to use the services often provided to users free of charge. This allows us, as well as third parties, to display publicities which correspond to what interests you rather than publicities which have no interest for you.
Our website includes cookies for links towards Facebook, YouTube, Instagram and other similar social networks, which allow you to share content from our site with other people or to notify these other people of what you consulted or your opinion concerning content on the site. These Cookies are directly stored by these social networks such as, notably, the case of the “share”, “like” buttons, from “Facebook” or “Instagram”. Any social network providing such a button is likely to identify you, even if you have not used it during consultation of the website. This type of button allows the social network concerned to monitor your browsing on our Website, solely thanks to the fact that your account with the social network concerned was activated on your Workstation (open session) during your browsing on the website We have no control over the process used by social networks to collect information pertaining to your browsing on our Website and associated to personal data they hold.
If you are connected to the social network during browsing on our website, the share buttons allow consulted content to be linked to your user account.
We invite you to consult the privacy protection policies of these social networks so as to be aware of the purposes of use, notably publicities, of browsing information which they may collect thanks to these buttons.