General terms and conditions of sale for the Website www.clarte-laboratoire.com.
Valid as of 01/09/2022.
CLARTE LABORATOIRE invites Website Users and Clients to consult the Personal Data Protection Charter https://www.clarte-laboratoire.com/fr/content/3-donnees-personnelles for more information on the use that may be made of cookies and how their personal data will be processed.
These general terms and conditions of sale and the contractual relations between CLARTE LABORATOIRE and the Client are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action is taken.
LEGAL NOTICE:
CLARTE LABORATOIRE WEBSITE
The Website www.clarte-laboratoire.com (hereinafter referred to as the “Website”) is an e-commerce Website accessible via the Internet at www.clarte-laboratoire.com. It is open to any User of this network.
Publisher:
CLARTE LABORATOIRE, a subsidiary of HORUS PHARMA, with share capital of €100,000, whose registered office is located at 148 avenue Georges Guynemer Cap Var, SAINT LAURENT DU VAR (06700), and registered in the Antibes Trade and Companies Register under number 908 068 687, NAF CODE 4791B, intracommunity VAT no.: FR 67 908 068 687 (hereinafter the “Seller”).
Postal address:
CLARTE LABORATOIRE
148 avenue Georges Guynemer Cap Var Bât D2
06700 Saint Laurent du Var
France
Telephone number: +33 (0) 4 22 45 21 44
ARTICLE 1 – PURPOSE OF THESE GENERAL TERMS AND CONDITIONS OF SALE
Governed by Article L. 441-6 of the French Commercial Code and L. 111-1 of the French Consumer Code, these general terms and conditions of sale (hereinafter “GTCS”) apply to all sales made by the Seller for products offered on the Website (hereinafter “Product”) to consumer customers, non-professional private individuals, of a least 18 years of age, and who have legal capacity (hereinafter “Customer” or “Purchaser”). The Seller may not under any circumstances be required to verify the legal capacity of its Clients.
These GTCS define the conditions under which Customers may place orders for products and manage the relations between the Seller and the Customer by determining the rights and obligations of each party.
The Customer, by ordering a Product offered for sale on the Website, fully and completely accepts these GTCS, which the Customer acknowledges having read prior to making the order. Acceptance is given by checking the box when placing an order.
These GTCS and the order summary sent to the Purchaser form a contractual whole and constitute the entire contractual relations between the Parties. In the event of a contradiction between these documents, the GTCS take priority.
ARTICLE 2 – DEFINITIONS
Seller: CLARTE LABORATOIRE
Samples: means all items given free of charge as promotional items to the Customer when an Order is made.
Products : All products marketed by the Seller on its Website.
Website: The Seller’s Website is accessible at www.clarte-laboratoire.com
Member(s): Any Internet user who has entered personal data on the Website registration form and who, after receiving a confirmation email, has definitively validated their CLARTE LABORATOIRE account.
Customer(s): Actual customer of goods or services offered by the Seller.
User: means any private individual or legal entity accessing the Website, whether or not they are a Customer.
Order: means the process by which the Customer selects the Products, purchases them and has them delivered.
All the legal provisions cited in these GTCS come from French law.
ARTICLE 3 – GEOGRAPHICAL SCOPE:
All offers of Products offered on the Website are limited to the European Union (excluding overseas départements and territories), Switzerland and the United Kingdom.
ARTICLE 4 – PRODUCTS
For any questions relating to the Products and their use, any additional questions or requests for advice, the Customer may contact the Customer Service Department (see article 18.1).
4.1 - Use of Products or Samples:
All products or samples are for the Customer’s personal use only. So, they cannot be sold on by the latter. The purchase of Products on the Website for resale is strictly prohibited.
4.2 - Description of the Products marketed on the Website:
In accordance with Article L.111-1 of the French Consumer Code, the Customer may, prior to ordering, review the essential characteristics of the Products they wish to order on the Website.
Information relating to the essential characteristics of the Products and the prices thereof is available in a clear and understandable manner in each Product file on the Website. The Customer declares that they have read it before placing an order.
The Products offered for sale are photographed, described and presented as accurately as possible. However, any differences that may exist between the Products and their photographs, in particular in terms of colours, shall not constitute grounds for cancellation of the sales contract or incur in any way the liability of the Seller within the meaning of Article L111-1 of the French Consumer Code. The photo associated with the description is not contractual.
4.3 - Product availability:
Only the Products presented on the Website on the day of the Customer's order are available for sale online and may be purchased.
However, if the purchased Product becomes unavailable, temporarily or permanently, after validation of the order, the Seller undertakes to inform the Customer within 72 (seventy-two) working hours from validation of the items that make up the order. The Seller will then refund the product as follows:
- If the Product that has become unavailable was the only item in the order, the Seller will reimburse the Customer for the entire order, including shipping costs.
- If the Product that has become unavailable is only one item of the Products ordered, the Seller shall reimburse the Customer for the price of the Product that has become unavailable, excluding shipping costs, if applicable, given the fixed nature of these costs.
The sum concerned will be refunded within 30 days of payment of the said sums, via the same payment method used to pay for the order.
If the Order is cancelled because all Products have become unavailable, the Customer’s bank account will not be charged.
ARTICLE 5 - PRODUCT PRICES:
5.1 - Price composition:
The prices of the Products are those indicated in euros including all taxes on the Website on the day the order is placed. They take into account any reductions as well as VAT applicable on the day of the order. The prices indicated do not take into account any processing and delivery costs which will be invoiced on top.
They are guaranteed, provided there is no obvious typography or printing error.
The price, including all taxes for each product, is stated in the relevant product file. The Member will be informed of the shipping costs of the order before the order is confirmed.
The Seller reserves the right to change its prices at any time. However, the products will be invoiced based on the prices that were valid at the time the order was placed.
5.2 - Consequence of defaulting on payment:
Non-compliance by the Customer with the obligations agreed to under these GTCS, and in particular concerning payment default on an order may result in access to the service of the Website being suspended, or even the Member Account being terminated, depending on the seriousness of the matter, without prejudice to any damages that the Seller may seek. Consequently, the Seller reserves the right to refuse any order from a Member with whom such a dispute has arisen.
ARTICLE 6 – ORDERING PROCESS
The User may become familiar with the various Products offered for sale by the Seller on its Website.
By placing an Order, the Customer declares and warrants that they are a bona fide Customer and End User making a purchase for their own use or for the personal use of a third party, and that they are not delivering, selling on or otherwise distributing the Products or purchasing the Products or services for commercial purposes.
6.1 - Customer Identification
To place an order, the Customer must first log in to the Website.
If the Customer does not have an account, they must create one to place an order. To do so, the Customer must enter personal details in form by filling in the mandatory fields: title, surname, first name, postal address, email address, telephone (landline or mobile) set up a personal password. This account may be created before placing an order by clicking on the “create an account” or when placing of an order when authentication is required. The Client must fill in the form honestly and accurately.
This personal information can be accessed by the Client in the “My account” section. Then, when future orders are made, they will not have to go through the identification process again to make the order. Please note that this personal information is governed by the Personal Data Policy accessible here https://www.clarte-laboratoire.com/fr/content/3-donnees-personnelles.
No orders can be confirmed unless the Customer has filled in all the mandatory fields of the identification form or unless the Customer has identified themself via their existing customer account.
6.2 - Making an order
If the Customer is interested in one or more Products on the Website, they must follow this process to create an Order:
- The selected Product(s) are added to the cart; The cart can be accessed at any time until payment has been made;
- The Customer is identified;
- The delivery method is chosen once the shipping costs have been acknowledged;
- The Customer has totally and unreservedly agreed with these GTCS and the Privacy Policy; The Customer will be informed of these two documents prior to any Order.
6.3 - Order confirmation
By clicking on the “Order and pay” button during the order process, and after checking the content of the order in their “Cart” and, if applicable, after modifying it, the Member must declare that they fully and unreservedly agree to all these GTCS. After confirming the content of their order, the Member must confirm it by making payment. The order will not be final until the order price has been paid.
As soon as the payment has been validated, the Seller will systematically confirm that the Customer's order has been accepted via the web page. An e-mail containing the invoice paid for the purchases made is also sent to the Customer via e-mail. It is this email that triggers order preparation.
The Seller reserves the right not to process the order if there is a dispute between the Seller and the Customer relating to one or more previous orders in progress.
6.4 - Order tracking and archiving
The Client will be able to consult the summary and track their order at any time by logging on in the “My Account/Order history” section of the Website. Once the invoice has been issued, it will also be available in this section.
6.5 - Proof of order:
The order confirmation email and the invoice serve as proof between the Seller and the Customer that the Order has been placed.
ARTICLE 7 - RETENTION OF TITLE
The Seller retains full ownership of the Products sold until full payment of the price, including principal, fees and any taxes.
ARTICLE 8 - PAYMENT OF THE ORDER:
The amount owed by the Purchaser is the amount indicated on the order confirmation as displayed on the dedicated web page and then sent by email by the Seller to the Purchaser.
Payment may be made by bank card only (Visa or Mastercard).
The Purchaser, when making their order on the Website, must give the details of their bank card when requested to do so (card number, validity date, cryptogram on the back of the card).
The Member confirms that they are authorised to use the bank card for the payment of their order and that sufficient funds are available to cover all costs resulting from the use of the services of www.clarte-laboratoire.com.
ARTICLE 9 - SECURE PAYMENTS:
The Seller uses the secure payment system of the BNP Paribas. This secure payment system incorporates the SSL security protocol, version 3. Confidential data (the 16-digit bank card number as well as the expiry date) are sent encrypted to the BNP Paribas server without going via the Seller's server.
Once the order has been validated, the payment request is sent in real time to the BNP Paribas secure payment manager. The latter will send an authorisation request to the credit card network. The payment manager will issue an electronic certificate. The Seller will then check all orders that have been validated on the Website by the Customer. These controls are designed to protect the Seller and its Customers from abusive practices by fraudsters.
The card number and order validation provided by the Customer constitute proof of the validation of the order by the Customer and of the payment of the sums due to execute the said order.
If a payment is not made due to fraudulent use of a bank card, the person whose details appear on the purchase order associated with this payment will be recorded in a payment incident file. An inaccurate declaration or anomaly may also be processed separately.
The information provided in the purchase order will undergo automated data processing. The purpose of this automated data processing is to define a transaction analysis level and fight credit card fraud.
ARTICLE 10 - DELIVERY
10.1 - Carrier:
The Products ordered will be delivered by “Colissimo” or “Mondial Relay” (hereinafter “Carrier”) to the address provided when the order was made.
10.2 - Delivery time:
It should be noted that an order is not dispatched until it has been processed and the payment has been confirmed.
Once the order has been processed, the corresponding Products will be transported and delivered by the Carrier within the usual lead times of 28 to 72 hours, except in the event of force majeure.
The Customer should regularly track their order in the “My account” section, then “My order”.
10.3 - Delay/not delivered:
In the event of late delivery (exceeding the specified delivery time or, failing that, the maximum delivery time of thirty (30) days after validation of the order), the Customer must, as soon as possible, notify the Seller's Customer Service department of this delay so that the latter can carry out an investigation with the Carrier.
If during this investigation, the order is found, it will be returned immediately to the place of delivery stipulated in the order. However, if at the end of this investigation the order is confirmed as lost, the Seller will re-ship the Product(s) to the Customer or, in the event of permanent unavailability, refund all sums paid by the Customer via the payment method used.
In any case, if there is a delivery delay of more than ten (10) working days from the Buyer’s email reporting the delay, not due to a case of force majeure, the Purchaser may cancel their order by contacting the Customer Service. If the Purchaser exercises this right to cancel, the price of the order will not be charged by the Seller, or any sums that have already been charged will be refunded. The refund will be made using the same method of payment within a maximum period of fourteen (14) days from receipt of the cancellation, to the exclusion of any other compensation.
10.4 – Delivery charges
10.4.1 - Free delivery under certain conditions:
Shipping costs are borne by the Seller for any order made in mainland France.
10.4.2 – Choice and delivery charges:
For mainland France, the Customer may choose between several delivery methods, the deadlines of which may vary:
- Colissimo – home delivery (in the mailbox), with tracking: 48 hours to 72 working hours
- Mondial Relay – delivery to a pick-up point, with tracking: 3 to 5 days
For Europe, delivery is only made by Colissimo to a home address.
Here are the different rates for each country:
ARTICLE 11 - RIGHT OF WITHDRAWAL
11.1 - Principle:
The Customer has a period of 14 (fourteen) clear days to cancel, without having to justify their decision or pay penalties (with the exception of the return costs which they must pay), from receipt of the Product ordered on the Website.
In accordance with Article L.221-19 of the French Consumer Code:
- the date of receipt of the Product is not counted as part of the 14 (fourteen) days;
- the period starts at the beginning of the first hour of the first day and ends on the last hour of the last day of the period;
- if the deadline expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.
11.2 - Exclusion of the right of withdrawal:
In accordance with Article L. 221-28 of the French Consumer Code, the Customer is informed that this right of withdrawal may not be exercised for Orders relating in particular to the supply of goods that have been unsealed after delivery and that cannot be returned for hygiene or health protection reasons;
The Customer, therefore, does not have the right to withdraw for this type of product.
These provisions apply without prejudice to the guarantees provided for in Article 14 of these GTCS, which remain fully applicable.
11.3 – Withdrawal procedure
11.3.1 - Notification:
To exercise the right of withdrawal, the Customer must first, at their discretion, notify their decision to withdraw, by entering their order number:
- By sending an email to the following address: contact@clarte-laboratoire.com.
From this notification, you have 14 days to return the products (hereinafter “Shipment Date”) to the Seller.
Withdrawal form:
For the attention of: Clarté Laboratoire, 148 avenue Georges Guynemer, Cap Var , SAINT LAURENT DU VAR (06700), France
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the item(s) below:
Ordered on (*)/received on (*):
Name of Client(s):
Address of the Client(s):
Signature of the Client(s) (only if this form is notified on paper)
Date:
(*) Delete as appropriate.
11.3.2 - Return of Products:
All Products, subject to the withdrawal following notification by the Customer of their decision to withdraw, are to be returned to the Seller; the products should be unused, in its (their) intact original wrapping and as far as possible sent in its (their) original packaging; the Customer should also include the return form and a copy of the invoice; the products are to be returned as soon as possible and within no more than fourteen (14) days following the communication by the Purchaser of their decision to withdraw.
The return costs shall be borne by the Customer.
Product returns must be sent to:
Clarté Laboratoire chez DSL
16 Chemin de la Glacière
06200 NICE – France
ARTICLE 12 - INTELLECTUAL PROPERTY:
The Seller owns the rights to this Website and all elements, trademarks, logos, illustrations, texts, sound elements, etc. appearing therein.
The Seller does not grant any licence or right other than the right to access and consult this Website.
The reproduction or use of all or part of the Website is authorised for strictly personal and private information purposes only. Any other use made without the prior written consent of the Seller constitutes an infringement and may be sanctioned within the meaning of Article L335-2 of the French Intellectual Property Code.
Any use of data or information from Horus Pharma Website must mention Horus Pharma as the source of information, and the formal, written consent of Horus Pharma must be obtained first.
The Seller shall use all legal means to guarantee the protection of its intellectual and/or industrial property rights, including any civil and/or criminal proceedings.
ARTICLE 13 – LIMITATION OF LIABILITY
In general, the Seller may not be held liable for the obligations in these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to a third party, even if it is foreseeable, to the fault of the Customer, or to the occurrence of force majeureas defined by the French courts, or to any other event that may not be reasonably deemed to fall under the exclusive control of the Seller.
The Seller shall not be held liable for any inconvenience or damage inherent to the use of the Internet network and that occurred despite all due diligence and the precautions taken by the Seller. In particular, any disruption to the provision of the service or any external intrusions or the presence of computer viruses shall not incur the liability of the Seller (for example: the Website being down, bugs, damage resulting from a fraudulent intrusion by a third party resulting in a change to the information made available on the Website, etc.).
ARTICLE 14 - LEGAL GUARANTEES
The Products marketed on the Website are subject to the warranty conditions provided for by French law.
14.1 - Legal guarantee of conformity:
When purchasing a Product, the Customer benefits from a legal guarantee of conformity. It is a guarantee against all manufacturing defects when purchasing or delivering a product. The regulations thereof are provided for in Articles L217-3 to L217-20 of the French Consumer Code.
In this sense, the Customer:
- has two years from the delivery of the item to act;
- may choose between the repair or replacement of the item, notwithstanding the cost conditions provided for by Article L. 211-9 of the French Consumer Code;
- is exempt from providing proof of the existence of the non-conformity of the item during the twenty-four (24) months following the delivery of the item. ;
- the statutory compliance guarantee applies regardless of any other commercial guarantee granted.
Any reservations that the Customer intends to express regarding the status of the delivered Products (non-conformity, manufacturing defect, transport failure, etc.) must be mentioned on the delivery slip. If no mention is made on the delivery slip, the Seller may demonstrate that the lack of conformity did not exist at the time of sale.
The warranty does not cover any deterioration resulting from causes unrelated to the intrinsic qualities of the Products, such as those resulting from abnormal use (load, humidity or excessive heating, etc.) or due to the Customer (transport). The warranty does not cover defects that the Customer knew of and that they could not have been unaware of when at the time of concluding the contract.
For all complaints, the Customer may contact the Seller at the following email: contact@clarte-laboratoire.com.
14.2 - Legal warranty against hidden defects:
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code; in this case, they may choose between terminating the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. In accordance with the provisions of Articles 1641 et seq. of the French Civil Code, the Seller provides the Customer with a guarantee against all harmful consequences of the hidden defects and faults that may be revealed in the Products sold, provided that the latter is informed thereof without delay, and in any event no later than two years from the discovery of the defect.
Upon delivery of the order, the Customer is required to check the Products. The Seller shall not be liable for any defects that the Customer was able to clearly see for themself upon examining the Product sold. Any damage, including aesthetic damage, resulting from hidden defects or defects that may appear when used and of which the Customer could not have been aware at the time of delivery is covered by the guarantee, provided that the item is unfit for the use for which it was intended, or that reduces the said usage to a point where the customer would not have acquired it, or would only have offered a lower price had they known about it.
However, the guarantee does not cover any deterioration resulting from causes unrelated to the intrinsic qualities of the Products, such as those resulting from abnormal use (load, humidity or excessive heating, etc.) or due to the Customer (transport).
In any event, the Client must provide proof of the existence of the hidden defect on the day of delivery.
ARTICLE 15 - PERSONAL DATA
The Seller shall process personal data in order for management, invoicing, customer file follow-up and prospecting purposes.
Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of private individuals with regard to the processing of personal data and on the free movement of such data and Articles 38 to 40 of the French Data Protection Act, law no. 78-17 of 6 January 1978, as amended, you have a right of access, rectification, limitation, opposition, deletion and portability of the information about you.
You also have the right to express general or specific guidelines relating to the retention, deletion and communication of your personal data after your death in accordance with Article 40 II of Law 78-17 of 6 January 1978. For more information, please refer to the Privacy Policy below: https://www.clarte-laboratoire.com/fr/content/3-donnees-personnelles
To this end, you can make changes by accessing the Account you created. You may also send any request accompanied by a copy of an identity document to the Seller:
By post to the following address:
CLARTE LABORATOIRE,
148 avenue Georges Guynemer Cap Var,
06700 Saint Laurent du Var,
France
Or by e-mail to the following address: contact@clarte-laboratoire.com
ARTICLE 16 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE
The valid General Terms and Conditions of Sale may be consulted at any time under the “General Terms and Conditions of Sale” section accessible via all the pages of the Website. The Seller may update these GTCS at any time. Any updates must be announced on the Website beforehand.
ARTICLE 17 - CUSTOMER OPINION
The Seller allows its Customers to share their opinion on the Products marketed on the Website by publishing opinions, advice, tips, suggestions, information, recommendations and assigning them a rating (“Opinions”). These Opinions are available to all Website Users in the section dedicated to them on the Website. These opinions and recommendations may not under any circumstances constitute a contractual element on the part of the Seller.
ARTICLE 18 - CLAIMS, MEDIATION AND DISPUTES
18.1 - Claims
All complaints must be made to the Seller’s customer service at the following email address: contact@clarte-laboratoire.com
In addition, for any complaints or questions concerning an order, the Customer may contact the Seller's customer service department by going to the “Contact the Customer Service” section or by telephone:
Telephone number: +33 (0) 4 22 45 21 44
Advisers may be contacted by the Client from Monday to Friday, from 9.00 to 12.30 and from 14.00 to 18.00. Only complaints relating to the online sale of the Products on the Website will be accepted by the Seller’s services.
18.2 – Dispute: applicable law and jurisdiction
These GTCS and the contractual relations between the Customer and the Seller are subject to French law.
Any disputes relating to the existence, interpretation, performance or termination of a contract concluded between the Customer and the Seller, even in the event of multiple defendants, shall be brought before the commercial court of the Seller’s registered office.
