General Conditions

GENERAL CONDITIONS OF SALE

ARTICLE 1: DEFINITIONS

HEAD BALANCE: this term refers to the company HEAD BALANCE, registered with the Strasbourg Trade and Companies Register under number 448 850 503.
Phone: 03 88 72 50 41 ' Email: info@head-balance.com

PRODUCT(S): this term designates the cosmetic products marketed by HEAD BALANCE offered for sale on the SITE.

BUYER: this term designates the co-contractor, a natural person, having ordered one or more

BENEFICIARY: this term designates the PURCHASER of PRODUCTS.

SITE: this term refers to the Internet Site: omoye.com on which the PRODUCTS are presented and sold to the BUYER. It is hosted by the Company AUTOUR DU NET whose Head Office is located at 9 place Aristide Briand, 33 140 Villenave d'Ornon, registered with the RCS of BORDEAUX 789 408 176

ORDER: this term designates the sales contract concluded between LABORATOIRES ARCANA and the BUYER.

PARTY(S): this term jointly or separately designates the BUYER and/or HEAD BALANCE.

ARTICLE 2: PURPOSE

The purpose of these general terms and conditions of sale is to define the terms and conditions under which HEAD BALANCE offers to sell PRODUCTS to BUYERS. They come into effect on January 1, 2013.

Consequently, any ORDER of one or more PRODUCTS from the BUYER implies its unreserved acceptance and its prior, full and complete adherence to these general conditions of sale which prevail over any other document, except for special conditions expressly agreed to in writing by HEAD BALANCE.

The BUYER acknowledges having read the general conditions of sale prior to placing his ORDER.
HEAD BALANCE reserves the right to modify these general terms and conditions of sale at any time.

However, the general conditions of sale applicable to the ORDER of PRODUCTS placed by a BUYER on the SITE are those accepted by the BUYER at the time of placing the ORDER.

ARTICLE 3: AVAILABILITY OF PRODUCTS

In accordance with Article L. 111-1 of the Consumer Code, the BUYER may, prior to placing an ORDER, find out, directly on the SITE, the essential characteristics of the PRODUCT(S) that he wishes to order.

In the event that the BUYER wishes to obtain qualified advice on the PRODUCTS, Customer Service is available by telephone: 03 88 72 50 41

In the event that the PRODUCTS are unavailable after the ORDER has been placed, the BUYER will be informed as soon as possible. They will have the option of either modifying their order or cancelling it and thus obtaining a refund within 14 days of payment of the amounts paid.

ARTICLE 4: ORDERING PRODUCTS

To purchase the PRODUCTS, the BUYER must log on to the SITE and enter their email address and password or create an account where they must enter their title, surname, first name, email address and password.

An online ORDER of PRODUCTS entails:

Firstly: sending by HEAD BALANCE, via email, of a confirmation and summary of the ORDER
Secondly: sending by HEAD BALANCE, via email, of a confirmation of dispatch of the ORDER
Thirdly: delivery by HEAD BALANCE of the PRODUCTS, by post, to the address indicated by the BUYER when placing their ORDER for PRODUCTS.
An ORDER is deemed to have been placed on the SITE and the general terms and conditions of sale accepted once the BUYER has validated their payment. The data recorded by HEAD BALANCE and the secure payment provider constitute proof of the nature, content, and date of the ORDER.
The BUYER's double click on the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and acceptance of the general terms and conditions of sale (checkbox) constitute an irrevocable and unreserved acceptance of the ORDER by the BUYER.

Notwithstanding the foregoing, HEAD BALANCE reserves the right to cancel any ORDER from a BUYER with whom there is a prior payment dispute or for any other legitimate reason, particularly with regard to the abnormal nature of the ORDER.
At any time, the BUYER may track their ORDER in the “My Account/My Orders” area provided for this purpose.

ARTICLE 5: PRICE

The prices of the PRODUCTS are expressed in euros and include all taxes (TTC).
The said fixed amount will be applied and indicated upon final validation of the ORDER by the BUYER.

The PRODUCTS remain the property of HEAD BALANCE until full payment of the price.

ARTICLE 6: PAYMENT

Payment for the ORDER can be made online on the SITE (head-balance.com) via a payment card (Carte Bleue, Visa, Mastercard), check or bank transfer.
He will have to check the box corresponding to his choice of payment.
HEAD BALANCE reserves the right to suspend any ORDER processing and delivery in the event of non-payment or refusal of payment authorization.
HEAD BALANCE reserves the right to refuse or honor an ORDER from a BUYER who has not paid all or part of a previous ORDER or with whom a payment dispute remains.

HEAD BALANCE cannot be held responsible for any misappropriation or fraudulent use of any payment method that has not been detected by the verification procedure. The BUYER guarantees to HEAD BALANCE that he has the necessary authorizations to use the payment method he has chosen for his ORDER.
Any fraudulent use of the bank card will not give rise to a refund by HEAD BALANCE. Until an ORDER for PRODUCT(S) has been fully paid, the PRODUCT(S) remains the property of HEAD BALANCE.

ARTICLE 7: SECURITY OF PAYMENTS

Online payment by credit card is completely secure. The entire transaction is sent in encrypted mode to a bank validation server using SSL (Secure Socket Layer) technology. You can then make your purchases in complete security. Payment is made at the time of ordering, without prejudice to your rights.

ARTICLE 8: SHIPPING & DELIVERY

Products are only delivered to mainland France, Corsica, Belgium, Luxembourg, and Monaco, in accordance with the address provided during the ordering process. It is the BUYER's responsibility to provide all the details necessary for the proper delivery of their order.

As the HEAD BALANCE company uses the services of the Post Office (Colissimo expert), the delivery time is that announced by the Post Office (48 hours) plus 7 days.
Any incorrect or missing information in the delivery address and/or the identity of the BUYER releases HEAD BALANCE from responsibility for delivery within the above-mentioned deadlines. After informing the customer of the correction relating to the address or identity, Laboratoires Arcana will make every effort to deliver as quickly as possible.

Upon receipt of the ORDER, the BUYER is required:

To make any reservations and complaints to the postal worker or to refuse the package if it is likely to have been opened or damaged
To report these incidents to Customer Service, the contact details of which are given in Article 3
This without delay and at the latest within 3 working days from receipt of the ORDER.

ARTICLE 9: WITHDRAWAL & NON-COMPLIANCE

Pursuant to the provisions of Article L.121-21 of the Consumer Code, the BUYER has a withdrawal period of fourteen (14) days from the delivery of his ORDER to return the PRODUCT(S) delivered for reimbursement. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. A withdrawal form is available and can be requested by contacting us by email at contact@head-balance.com

Please note that the exercise of the right of withdrawal is excluded for hygiene reasons if the product has been used by the BUYER.

The reimbursement of all sums paid will take place at the latest within 14 days from the recovery of the goods by HEAD BALANCE or until the consumer has provided proof of shipment, the date retained being that of the first of these events.

Beyond this, the amount due is automatically increased by 10% if the reimbursement occurs no later than 30 days beyond this term, by 20% up to 60 days, by 50% between 60 and 90 days and by 5 additional points per new month of delay up to the price of the product, then at the legal interest rate.

Returns (due to non-conformity or exercising the right of withdrawal) must in all cases be made to the following address: HEAD BALANCE, 20 rue de l'étoile F – 67350 UHRWILLER, in their original packaging and in perfect condition for resale.

ARTICLE 10: GUARANTEES

In any event, the BUYER benefits from the legal guarantee of conformity, the common law right of action for hidden defects provided for in Articles 1641 of the Civil Code et seq. and the right of withdrawal. In the event of non-conformity of the PRODUCTS with the ORDER or delivery of a PRODUCT revealing a hidden defect, HEAD BALANCE undertakes, at the BUYER's choice, either to exchange the PRODUCT for an identical PRODUCT or one of equivalent quality and price depending on stock availability, or to reimburse the price of the PRODUCT within a maximum of 30 days following the BUYER's request.

For any complaints, the BUYER will contact Customer Service, the contact details of which are given in article 3.

Except in the specific case of non-conformity of the PRODUCTS with the ORDER, PRODUCT exchanges are not possible. If the BUYER changes their mind and wishes to exchange an ordered PRODUCT for a new PRODUCT, they must, under their right of withdrawal (see article 5.6), return the PRODUCT. It will be refunded but not exchanged. To obtain a new PRODUCT, the BUYER must place a new ORDER on head-balance.com.

ARTICLE 11: LIABILITY

HEAD BALANCE cannot be held responsible for any indirect damages that may arise from the purchase of the PRODUCTS.
HEAD BALANCE cannot be held responsible for non-execution of the ORDER in the event of stock shortage or unavailability of the PRODUCTS due to a case of force majeure as defined by French case law and courts.
Likewise, HEAD BALANCE cannot be held liable under the obligations of these general terms and conditions of sale in the event of damage resulting from the use of the Internet network, such as viruses, intrusion, loss of data, or interruption of Internet service.

ARTICLE 12: INTELLECTUAL PROPERTY

The omoye.com website is an intellectual work protected by Intellectual Property Law. Each of the elements that compose it (such as, in particular, trademarks, logos, photographs, images, illustrations, texts, slogans) are the exclusive property of HEAD BALANCE, the only party authorized to use the intellectual property rights and personality rights relating thereto.
Any reproduction and/or representation, in whole or in part, use, adaptation or modification, of the SITE or of any of the elements which compose it on any medium whatsoever, and in any form whatsoever, for other purposes and in particular commercial purposes is expressly prohibited.
Any reproduction and/or representation of the SITE or any of its components must be subject to express prior authorization from HEAD BALANCE. The creation of hypertext links to the SITE may only be carried out with the prior written authorization of HEAD BALANCE.

ARTICLE 13: DATA PROTECTION AND FREEDOMS

The information collected by HEAD BALANCE during any ORDER from the BUYER is necessary for the processing of ORDERS by HEAD BALANCE and its business partners.
In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the BUYER has the right to access, rectify, delete and oppose their personal data. The BUYER may exercise this right by writing to HEAD BALANCE, Consumer Service, 20, rue de l'étoile F, 67350 UHRWILLER, stating their name, first name, and address, as well as the purpose of the request.