1. THE PARTIES
Horizane Santé, a limited liability company with a capital of 152,449.02 euros Registered with the RCS of Aix-en-Provence under the SIREN number 389 538 075, and VAT number FR44389538075, whose registered office is located at 205 rue Louis Berton 13290 Aix-en-Provence Telephone: + 33 (0)4 42 90 52 10 and Mail: firstname.lastname@example.org hereinafter referred to as "The Seller"
Represented by Mr Thierry GEETS as President.
The Horizane Health Online Shop is hosted by HOSTINGER, whose registered office is located at HOSTINGER INTERNATIONAL LTD, 61 Lordou Vironos Street, 6023 Larnaca, Cyprus, reachable by the following means: https://www.hostinger.fr/contact
The Horizane Santé Online Store is the official online store for Horizane Santé products (Vitalens, Hydrolarm, Precitech, Mainclean, Nature & Senteurs, Horizane optic, Plic, eclawhite) in France.
These general conditions of sale apply without restriction or reservation to all sales of Horizane Health Products (the "Products") offered on the online store horizane.com.
Any order placed on the https://horizane.com website implies prior consultation and acceptance of these general conditions.
The General Terms and Conditions of Sale apply only to orders for Products placed on the Online Shop horizane.com by natural persons of full age who have the capacity to contract and meet the definition of consumer, within the meaning of the Consumer Code (hereinafter the "Customer").
The Customer acknowledges having read the General Terms and Conditions of Sale at the time of placing the order and at the latest at the time of validation of the order.
The Customer declares to be of legal age and to have full legal capacity allowing him to commit himself under these general conditions and thus subscribe to contracts under French law.
For any question or complaint relating to an order placed on the online Store horizane.com, the Customer may contact Customer Service (hereinafter the "Customer Service"):
1. By phone at + 33 (0)4 42 90 52 10 from Monday to Friday (excluding public holidays), from 9:00 to 18:00.
2. By email to the following address: email@example.com
2. SCOPE OF THIS CONTRACT
The General Terms and Conditions of Sale are subject to change at any time by the Seller. The applicable version is the one in force at the time of validation of the order by the Customer, which is constituted by the payment of the order.
3. PRODUCT INFORMATION
In accordance with Article L.111-1 of the Consumer Code, the Customer may, prior to his order, read the main characteristics of the Products offered for sale either on the Company's website or by requesting information from the contact form.
When developing the Online Shop, the Customer can access the description of each Product (in particular the name of the Product, its reference, its price, its color, its composition). The main characteristics of the Products added to the basket are also recalled on the "Your basket" page.
Horizane reserves the right to modify its collections and to change the list and ranges of Products at any time. The photos of the Products presented on the website and on the catalogues are updated regularly but are not contractual.
The prices of the products on the site are prices in euros (€) TTC (all taxes included), excluding delivery costs. Delivery costs depend on the amount of the order, the weight, as well as the country of destination of the delivery.
The items available for sale are those present on the Site. They are offered within the limits of the availability displayed on the Site. The Company reserves the right to withdraw from sale any item on the site or to modify any information associated with the items appearing on the Site.
The greatest care is taken in the presentation of the products as well as their description. The photographs and descriptions give the most accurate picture possible, but it is possible that non-substantial errors may appear on the site, which the Customer acknowledges and accepts.
In any case, the non-conformity of the delivered article with its description on the site entitles the Customer to implement the guarantee of conformity of the Company whose liability is limited to the reimbursement of the article, delivery costs and reasonable costs of return of the item incurred by the Customer.
The customer undertakes to use the products in accordance with their intended purpose and to comply with the instructions for use of the products for a proper use of the latter. Horizane Santé cannot be held responsible for the misuse of the products, in particular the use for a use other than that intended.
Only product proposals at the prices presented on the site are valid within the limits of available stocks. Horizane done everything in its power to ensure the maximum availability of products to the customer.
For technical reasons specific to distance selling, however, it may happen that the Products chosen by the Customer are no longer available when the Order is confirmed by the Seller. In this case, the order will be cancelled and the Customer will be automatically refunded the amount of the price of the Product concerned, as well as the delivery costs.
4. ORDER PROCESS
4-1. Order taking
Order taking includes the following steps:
- step 1: Select a product and add it to your cart.
- step 2: The Customer must complete his information (surname, first name, delivery address...) as part of the opening of his Customer account or during each of his orders. This information must be complete, accurate and up-to-date. The Customer is responsible for the accuracy and completeness of the information in his Customer account and his order to ensure its proper processing. Thus, the costs incurred by the HORIZANE SANTÉ resulting from errors on the information provided by the Customer will be borne by the Customer, in particular the costs of reshipment of the order.
- step 3: Consultation of the general conditions of sale.
- step 4: Acceptance of all the general conditions of sale by ticking the box "I accept the general conditions of sale" (box unchecked by default)
- step 5: Choose the delivery methods of your order, after having read the deadlines and prices of each of the delivery methods offered, indicated on the page;
- step 6: Validation of the order by clicking on the button "Validate my order"
- Step 7: Select the chosen payment method and payment.
Any order placed by the Customer via the aforementioned steps constitutes an irrevocable acceptance of the general conditions.
4-2. Order confirmation
A confirmation on the screen and by e-mail will be communicated to the customer in order to validate the order taking provided that the e-mail address indicated in the registration form does not contain any error. The final validation of the order will only take place after the validation and acceptance of payment.
This confirmation email will include the following information:
- Products and quantities purchased;
- The means of transport chosen;
- identification of the order number;
- the total amount of the order (price, shipping costs, VAT, discounts ...);
- A link allowing you to have access to the full details of your order;
It is the Customer's responsibility to keep the contractual information on the medium of his choice.
4-3. Modification and cancellation of the order
The Seller reserves the right not to confirm the order, in particular in the event of refusal of payment authorization, incorrect address or any other problem on the user's account. In this case, the Seller will inform the Customer by e-mail.
The order can be cancelled within 5 minutes of the order confirmation and only during working hours by sending an email to firstname.lastname@example.org. Any registered order cannot be modified.
It should be noted that the Seller reserves the right to refuse excessive orders from the Customer.
4-4. Availability of Products
The Seller makes every effort to ensure that the Products offered on the Online Store Horizane Santé and ordered by the Customer can be delivered. For technical reasons specific to distance selling, however, it may happen that the Products chosen by the Customer are no longer available when the Order is confirmed by the Seller.
In this case, the order will be cancelled and the Customer will be automatically refunded the amount of the price of the Product concerned, as well as the delivery costs if the order did not contain any other Product. If only part of the Products ordered by the Customer is unavailable, the other Products will be delivered to him and the Customer will be refunded the amount of the missing Product(s) not delivered.
5-5-1. Product Prices
The price is mentioned on the Product Page of the Online Shop as well as in the "Shopping Cart" and the "Order Summary". The price of each Product is indicated in euros and all taxes included (T.T.C.).
The price of the Product does not include any delivery costs, which are indicated to the Customer during the order during the validation process of the order and before the confirmation by the Customer of it.
The Seller reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of registration of the order, subject to availability.
5-5-2. Obligation to pay for the order
The Customer is informed and acknowledges that by placing an order on the Seller's Online Store, he undertakes to pay the Seller the full amount of the order at the time of validation of the order and declares to have the capacity and means necessary to honor it.
5-5-3. Accepted payment methods
All orders are payable in EUROS. To pay for his order, the buyer has all the means of payment referred to in the order form: Credit card, PayPal. Payment for the entire order must be made at the time of the order by the buyer. At no time can the sums paid be considered as a deposit or deposit.
For credit card payments made on its site, the Seller uses the secure payment service of the server of its partner bank. All information transmitted from the site https://horizane.com to the payment system is systematically encrypted to ensure its confidentiality. All credit card payments made on the site are in immediate debit.
5-5-4. Securing Transactions
Payments on this Website are made by credit card via a secure payment system. This website secures your confidential information with an SSL certificate. The information exchanged is thus encrypted with SSL (Secure Socket Layer) before being transmitted. Because this information is unreadable, no one can use it without your knowledge.
Horizane Santé reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the Customer, payment incident and/or fraud in the use of the site or the means of payment chosen by the Customer.
Horizane uses the 3D Secure system. 3D Secure is a system aimed at securing payments made over the internet.
And which allows, before the request for electronic payment authorization, to put the Customer and his bank in contact so that the latter can authenticate its holder. The authentication method is left to the free choice of the bearer's bank.
Our Payment System offers a range of controls, making it possible to optimize the security of payments, such as the identification of the country of origin of a card, the identification of the Ip address of the Customer...
5-5-5. Retention of title
The delivered product remains the property of the Seller until full and effective payment of the price by the Customer. Failure to pay may result in the seller claiming the product.
The transfer of the risks of loss or deterioration to the Customer takes place on the date of delivery of the product, i.e. the receipt of the product by the Customer.
6. DELIVERY OF THE ORDER
6-1. Place of delivery
Products ordered on the HORIZANE SANTÉ Online Shop can be delivered in Metropolitan France, including Corsica.
6-2. Costs and delivery times
When ordering, the Customer can choose between different types of delivery. The default pre-selected delivery method is standard delivery.
The costs and delivery times and the Carrier depend on the delivery method chosen by the Customer:
1. Standard delivery: the delivery time is 3 to 6 working days from the confirmation of the order by the Seller;
2. Express delivery: the delivery time is 1 to 2 working days from the confirmation of the order by the Seller.
3. Delivery in Store: the delivery time is 1 hour working day from the confirmation of the order.
The products ordered by the Customer will be delivered within a maximum period of 30 days from the order confirmation and its payment.
In case of unavailability of the product, the Seller undertakes to inform the Customer as soon as possible so that the Customer can be reimbursed without delay and at the latest within 14 days of payment of the sums he has paid.
6-3. Delivery tracking
The Customer receives an email to confirm the shipment of the order and indicate the tracking link that will allow him to locate the package.
6-4. Delay in delivery
In the event of a delay in delivery (delivery exceeding 30 days), the Customer may order the Seller to make the delivery within a reasonable additional period. If the Seller has not performed within this period, the Customer has the option to cancel his order, unless the Seller has performed in the meantime or if this delay in delivery results from a case of force majeure. Emails will be sent to the address email@example.com.
The Seller's responsibility cannot be questioned and held responsible for the consequences of any events beyond its control, in particular cases of force majeure or fortuitous events, which would tend to delay or prevent the delivery of the product ordered.
In the event of a foreseeable extension of the delivery time, the Seller undertakes to inform the Customer as soon as possible and by any means so that the latter can then choose to maintain or cancel his order in whole or in part.
When the delivery period constitutes for the Customer an essential condition of the sales contract, the Customer may immediately terminate the contract according to the aforementioned terms, without requiring the Seller to make the delivery within a reasonable additional time. The decisive nature of the delivery period may result from the circumstances expressly surrounding the conclusion of the contract. If delivery occurs in the meantime, the order must be returned in its entirety to the Seller and the Customer will be reimbursed the amount of the order and the return costs according to the refund terms set out in these General Terms and Conditions of Sale.
6-5. Cancellation of the order
. The cancellation of the order can be done by:
- e-mail to the following address: firstname.lastname@example.org.
- phone + 33 (0)4 42 90 52 10 (price of a local call) from Monday to Friday from 9:00 to 18:00
When the order is cancelled, the Seller will reimburse the Customer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
If delivery occurs in the meantime, the order must be returned in its entirety to the Seller and the Customer will be reimbursed the amount of the order and the return costs according to the refund terms set out in these General Terms and Conditions of Sale.
6-6. Delivery difficulties
In case of error in the delivery address communicated by the Customer, or if for any reason whatsoever, delivery is impossible, the package will be returned to the Seller and the order will be canceled. The Customer will be reimbursed the amount of the order, excluding the delivery costs which will remain with the Seller.
The Seller cannot be held liable in the event of a delay in performance or non-performance resulting from an external and unforeseeable event during the order such as war, acts of terrorism, strikes, national or local state of emergency, transmission failure, power or service failures, pandemics, earthquakes or other natural disasters.
In this case, the responsibility of the Seller can not engage and no refund can be made to the benefit of the Customer, the sums paid will remain acquired to the Seller.
6-7. Conformity of the order and reservations
If the Products received by the Customer do not correspond to those ordered or in the event of an order received incomplete or damaged during transport, it is the Customer's responsibility to express reservations and contact the Seller's Customer Service. The Customer must express the difficulties encountered within 48 hours of receipt of the products. In the absence of the issuance of reservations within the aforementioned period of 48 hours, the delivery will be deemed compliant.
6-8. Transfer of risk
The risks of loss and damage to the Products ordered are transferred to the Customer at the time when the latter, or a third party designated by him, other than the carrier, takes physical possession of the order.
7. RIGHT OF WITHDRAWAL
7-1. Terms and conditions and deadline
Pursuant to Article L 221-18 et seq. of the Consumer Code, the Customer has a withdrawal period of thirty days from the date of receipt of the order by him or by any third party designated by him. To inform the Seller – by email to the address email@example.com. His wish to exercise his right of withdrawal,
In order to be able to process the return correctly, the customer is asked to indicate on the copy of the invoice and the withdrawal form as annexed to these General Terms and Conditions of Sale.
To exercise his right of withdrawal, the Customer must:
1. Within 30 days of receipt of the Product, inform the Seller of its decision to withdraw by sending the Seller, by email to the following address: firstname.lastname@example.org. the withdrawal form
2. At the latest within 14 days of his notification of the decision to withdraw, the Customer must return the Products concerned, in perfect condition and in their original packaging. Otherwise, the Seller reserves the right to refuse the return of the Products.
To return the Products, the Customer must follow the steps below:
1. Complete the return form as annexed to these General Terms and Conditions of Sale
2. Send an email to the following address: email@example.com by attaching the return form and confirming the right of withdrawal.
3. Store the product(s) to be returned in the original packaging.
4. Insert the return form and a copy of the invoice into the package
5. Go to the carrier of his choice to return the package to the following address, the return costs being borne by the Customer: Horizane Santé Pôle d'Activité 205 rue Louis Berton 13290 Aix en Provence. France
The shipping costs of the returns will be borne by the customer. Returned items must be put in their original packaging without having been used.
The Customer bears all the risks of this shipment. The Seller will not be responsible in case of loss, theft or delay of the returned product. The burden of proof of return falls on the Customer.
A product that has suffered a depreciation following excessive handling (in particular damaged, damaged returned incomplete, worn, without labelling ...) can not be taken back. The return costs are the responsibility of the Customer.
Therefore, the Seller undertakes to reimburse the Customer within a maximum period of 14 days from the earliest event between the actual return of the product and the sending by the Customer of the proof of shipment of the product, directly on the means of payment used.
Any order returned without having been announced by the withdrawal form will not be processed.
The refund of the price of the returned Products will be made according to the terms of payment chosen when ordering.
The refund will be made as soon as possible from the taking into account by the Seller of the return of the Products, giving rise to the sending of an email confirming receipt of the returned products to the Customer.
8. LEGAL GUARANTEES
The Customer has for any Product purchased on the Seller's Online Store the following legal guarantees:
8-1. Guarantees of Conformity
Article L217-4: The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5: To be in conformity with the contract, the property must:
(1) - Be fit for the use usually expected of a similar good and, where applicable:
- Present the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, in particular in advertising or labelling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
In the event of a lack of conformity of the Product at the time of its delivery, the Customer may request the replacement of the Product. If the replacement of the Product is impossible, the Customer may be reimbursed at the value of the purchase price of the Product.
In order to facilitate the implementation of these guarantees, the Customer must keep the invoice for the Product.
Any defect, breakage, deterioration of the Product resulting from incorrect use of the Products by the Customer may not give rise to the activation of one of the legal or commercial guarantees
8-2. Guarantees against hidden defects.
Article 1641: The seller is bound by the guarantee for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648: The action resulting from latent defects must be brought by the Customer within two years from the discovery of the defect.
9. INTELLECTUAL PROPERTY
The Seller remains the exclusive owner or licensee of all intellectual and industrial property rights of the products and this site. The fact of acquiring a Product does not confer on the customer any right on the products, their representations or the designation of the products. Any use, in any way whatsoever by the customer, of any of the elements referred to above is strictly prohibited.
Any reproduction, representation, use, total or partial modification of these elements is prohibited.
10. PERSONAL DATA
As part of the processing of orders, the Seller is required to collect and process the personal data of the Customer as well as that of the recipient of the order. The Seller respects the confidentiality of this data and undertakes to comply with the Data Protection Act of 6 January 1978 by processing them.
The Customer is informed that his data may be used by the Seller or a third party designated by him to ensure the processing of his order, inform him of news and promotional offers, contests, etc ...
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access, oppose, rectify and delete data concerning him by contacting the Seller's customer service at the following address firstname.lastname@example.org
11. COMMUNICATION BY ELECTRONIC MEANS
By using our online sales service, the Customer expressly and unreservedly accepts that all statements, notices, information and other communications relating to the Products are transmitted electronically, unless mandatory legal provision requires the use of a non-electronic writing exclusively.
In the event of a dispute, the documents kept in the Seller's computer databases are proof
12. OPPOSITION TO TELEPHONE CANVASSING
If the Customer does not wish to be the subject of commercial prospecting by telephone, the Customer has the possibility to register free of charge on the list of opposition to telephone canvassing on the website http://www.bloctel.gouv.fr/.
It is forbidden for a professional, directly or through a third party acting on his behalf, to solicit by telephone a consumer registered on this list...
13-1. Independence of clauses
If one or more stipulations of these General Terms and Conditions of Sale prove to be invalid, unlawful or unenforceable, for any reason whatsoever, the validity of the other provisions of the General Terms and Conditions of Sale will not be affected and the other stipulations will remain in force.
The fact that one or the other of the parties does not claim the application of any clause of the General Conditions of Sale or acquiesces to its non-performance, whether permanently or temporarily, may not be interpreted as a waiver by this party of the rights that derive for it from said clause.
13-2. Dispute Resolution
Under Article L.612-1 of the Consumer Code, disputes falling within the scope of disputes are exclusively disputes defined in Article L.611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, opposing a consumer to a professional. The text covers both national and cross-border disputes.
For any difficulty,
In the event of a dispute relating to the formation, conclusion, validation, interpretation, execution, cessation or consequences of the termination of the General Terms and Conditions of Sale, the Customer will first contact the Seller in order to find an amicable solution. To do this, the Customer is invited to contact Customer Service beforehand by email at email@example.com:
Only complaints relating to the online sale of the Products on the Seller's Online Shop will be taken into account.
13-3 European Disputes
Any dispute that cannot be resolved amicably may be the subject of a complaint on the Dispute Resolution Platform set up by the European Commission accessible at the following address https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR,The Customer may, at his own expense, be assisted by counsel.
13-4. Language and applicable law
The General Terms and Conditions of Sale and the sales made on the Seller's Online Shop are governed by French law and in French.
13-5. Modification of the General Sales Clauses
The General Terms and Conditions of Sale are subject to change at any time by the Seller. The applicable version is the one in force at the time of validation of the order by the Customer, which is constituted by the payment of the order by the Customer.
The Seller reserves the right to apply specific limits of these Clauses to promotional offers: sales, bundles, Products offered, sales with gratuity, various discounts and free deliveries.
The Customer is invited to save and print these general conditions of sale, which are authentic between the parties.
Updated in Aix en Provence on February 26, 2021.
APPENDIX 1: MODEL WITHDRAWAL FORM
To complete and return in case of wish to withdraw from an order
(See Article 6 of the General Terms and Conditions of Sale)
For the attention ofHorizane Santé - 205 rue Louis Berton 13290 Aix-en-Provence, France
To be returned by e-mail: firstname.lastname@example.org
I notify you by the presence of my withdrawal from the sales contract relating to the sale of the property (s) below (Name + reference of the article):
Ordered on ........................ (date of order) and/or received on ............................... (date of delivery)
Order number: ......................
Name and surname of the person who placed the order: ..........................................................................
Customer's delivery address: ................................................