Terms of Service

Article: Products of any kind offered for sale (e-commerce service) on the website.

Client: Non-commercial individual placing the order and holding full legal capacity.

Order: Commitment to purchase all items selected by the client via the e-commerce service on the site.

Site: Website published by Holi lab, your lithotherapy shop in Paris, accessible at holilab.fr.

II. Preamble

These General Terms and Conditions of Sale (hereinafter "GTC") apply exclusively between any client and the company NATCRACKER, owner of the website www.holilab.fr, with its registered office at 2 rue Capri, 75012 PARIS, registered with the Commercial and Companies Registry of PARIS:

SIRET: 820 629 731 00010

VAT:

Any internet user can access the GTC from any page of the site.

The GTC apply without restriction or reservation to all items offered for sale on the site.

Any order on the site is conditioned by the prior consultation and unconditional acceptance by the client of these GTC and the applicable rates.

The validation of an order following the order process proposed on the site constitutes acceptance of these GTC.

These GTC prevail over any other document.

III. Warning

The sale of items on the site is exclusively reserved for retail and individual customers.

In no case can the site be used by professional seller clients, alone or grouped, regardless of the mode of marketing their products (online marketplaces, shopping malls, intermediaries, physical stores, etc.). The client acknowledges and accepts accordingly that items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of items ordered in a single order and the number of individual orders respecting the usual quantity of an average consumer for the same product.

The brand Holi lab Paris reserves the right to refuse an order manifestly validated by a professional seller client.

Every client declares to be informed of the unreliability of the internet network, especially in terms of data transmission security, non-guaranteed continuity in site access, non-guaranteed performance in terms of data volume and transmission speed, and virus propagation.

The site Holi lab Paris warns each client about the need to implement within their computer or mobile equipment a solution and security measures to prevent virus propagation.

Since the GTC may be subject to changes, the applicable conditions are those in effect on the site at the date of placing your order.

The handling of a defective or non-compliant item (replacement or refund) or the exercise of a right of withdrawal cannot be done directly in physical stores, resellers of the Holi lab Paris brand.

It is mandatory to go through the site for any claims regarding items purchased online on the site.

Similarly, an item purchased from one of the resellers of the Holi lab brand cannot be handled through the site's services.

Delivery Conditions

Items are only delivered to the countries specified in Article 5 of these General Terms and Conditions (GTC). The client will receive an order confirmation email with a order number confirming its successful processing. The client will be informed of the various stages of their order via email.

Shipments are notified to the client by email, sent to the email address provided by the client on their customer account.

The ordered items will be delivered within a maximum period of 30 calendar days from the order registration, subject to the full payment of the price.

The client is only offered the delivery method chosen by Holi lab Paris: Colissimo. Some shipping costs are at the client's expense when the order is below a certain amount.

With the shipping number, the client can track the progress of their parcel on the website of the chosen carrier.

The client is informed that it is their responsibility to provide all necessary details for the proper routing and perfect delivery of their order (access code, access specifications, etc.).

If the client is absent during delivery, a notice informs the client of the procedures for keeping their parcel and making it available, under the entire and exclusive responsibility of the carrier.

If the delivery address provided by the client is not valid and results in the return of the parcel for non-receipt at the indicated address, the reshipment costs will not be covered by Holi lab, your lithotherapy shop in Paris.

A delivery note is included in the parcel, summarizing the ordered and effectively delivered items.

The client assumes full and exclusive risks related to the items from their delivery.

X. Delivery Times

Items are delivered to the delivery address indicated by the client during the order at the latest on the date indicated during the order and depending on the delivery country.

Holi lab Paris makes every effort to deliver the order within 2 to 5 working days from the order and commits to ensure that delivery is made within a maximum period of 30 calendar days.

During commercial operations, delivery times may be extended. In case of a delivery delay of more than 7 working days compared to the aforementioned maximum period, the client can contact Holi lab Paris by email to request the execution of the delivery within a reasonable additional period. In case of non-compliance with this new deadline, the client can request the cancellation of their order by email to Holi lab Paris.

The contract and thus the sale will be considered terminated upon receipt by Holi lab Paris of the email or letter by which the client informs them of their decision, unless the delivery occurs between the sending and receipt of the client's email or letter.

In the event that the order is definitively canceled, the client will be refunded the price paid for their order within 14 calendar days following the cancellation confirmed by email.

If the client receives the parcel after the cancellation of their order, Holi lab, your lithotherapy shop in Paris, will refund the items and return costs upon receipt of them in their perfect original condition.

Each delivery is deemed made upon availability of the parcel to the client, notably by the carrier, as evidenced by the control system used by the carrier.

If the parcel is damaged or if the item does not correspond to the client's order, the client must initiate the return procedure described in Article 11 within 30 calendar days after shipment.

In case of delivery by a carrier requiring an appointment with the client, the carrier contacts the client as soon as possible to agree on a delivery appointment, 30 calendar days at the latest from the order validation date.

Holi lab Paris cannot be held responsible for delivery delays solely due to the unavailability of the client after several appointment proposals by the carrier.

If, on the occasion of the same order, the delivery dates of several items differ, the delivery date is based on the furthest date from the order date.

It is the client's responsibility to comply with the laws of the country in which they are located and the country to which they want to have their parcel delivered, including customs laws providing for certain restrictions on the importation of adult products or objects.

In case of impossibility of access to the site due to technical problems or of any nature, the client cannot claim any damage and cannot claim any compensation.

Customs duties: Customs or import taxes are due as soon as the parcel reaches its destination country. You must pay any additional customs clearance taxes. We have no control over these taxes and cannot predict them, as customs policies vary greatly from one country to another. Please contact your local customs office for more information.

Receipt of goods. All items sold via the holilab.fr site leave our warehouses in perfect condition. If you notice apparent defects upon receipt of the goods, please fill in the carrier's delivery note immediately, clearly indicating: "visibly damaged parcel." Please then inform us within the first 24 hours from the receipt of the order by sending an email to: [email protected].

In this way, and only in this way, the transport company can take care of the damages. After the delivery of your order, you must check your goods within 3 days.

You have 3 days to inform the carrier in detail of the damages (Article L. 133-3 of the Commercial Code). In any case, it is important to: • take photos of the damaged packaging and contents. • inform us immediately that there is an issue. • comply with the legal deadline of 3 days following the receipt of the parcel to report in detail the breakage or damage to the carrier and Holi lab, your lithotherapy shop in Paris, by email at [email protected].

Compliance with these deadlines is very important; unfortunately, if this deadline is exceeded, we cannot guarantee the replacement, return, or refund of your order. In the event of non-compliance with the above procedures upon receipt of the parcel, Holi lab Paris will not give any favorable follow-up.

Treatment of Unclaimed Parcels. In case of an incomplete address when placing the order, if the parcel is returned to us, you will need to pay the shipping costs again to be redelivered. In case of NPAI ("does not live at the indicated address"), "unclaimed" parcel, with the delivery service provider, "refused" parcel at the time of delivery: after receiving and accepting your parcel by our services, Holi lab Paris will contact the client to resend their order after payment of the delivery costs, if the product is still available, or proceed with the refund of the order according to the client's preference.

The refund will be reduced by the value of the parcel's shipping costs, whether they were offered or not by Holi lab Paris, as well as the return costs of the parcel by the carrier.

Guarantees

Items are guaranteed against non-compliance and latent defects in accordance with the conditions set out in Articles 1641 to 1649 of the Civil Code and Articles L. 211-1 and following of the Consumer Code, starting from the delivery:

• Article 1641 of the Civil Code: the seller is liable for hidden defects in the sold item that make it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given it a lower price, if they had known them.

• Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.

• Article L. 211-4 of the Consumer Code: the seller is obliged to deliver an item in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. It is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when it has been made its responsibility by the contract or has been carried out under its responsibility.

• Article L. 211-5 of the Consumer Code: to be in conformity with the contract, the item must:

be suitable for the usual use of a similar item and, where applicable:

correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;

or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter.

Article L. 211-12 of the Consumer Code: the action resulting from the lack of conformity is limited to two years from the delivery of the item. This warranty allows the customer to return defective or non-compliant delivered items for a refund under the aforementioned conditions.

XVI. Agreement on Proof

The customer acknowledges and accepts that the order recording systems provide evidence of all transactions between Holi lab Paris and the customer.

The customer acknowledges and accepts that the proof of acceptance of the GTC is characterized by checking the box "I have read and accept the general terms of sale."

To this end, the customer acknowledges and accepts that the computerized data stored within the computer servers of Holi lab Paris in reasonable conditions of security and integrity are considered, irrefutably, as proof of the acceptance of the terms of the GTC and the evidence of all transactions between Holi lab Paris and the customer.

Holi lab Paris will archive the order forms and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code, and guarantees access to the customer at any time if requested in accordance with the provisions of Article L. 134-2 of the Consumer Code.

Therefore, unless a manifest error by Holi lab Paris proven by the customer, the latter cannot dispute the admissibility, validity, or probative value of the GTC and the content of the order, based on any legal provision specifying that certain documents must be written or signed to constitute evidence.

Thus, these elements constitute evidence and, if produced as means of proof by Holi lab Paris in any contentious or other proceedings, will be admissible, valid, and enforceable in the same way, under the same conditions, and with the same probative value as any document that would be established, received, or kept in writing.

At any time, the customer has the possibility to print, download, and keep a copy of the GTC on paper and electronic support.

XVII. Liability

Holi lab Paris reserves the right to modify the information contained on this site at any time and without notice.

Holi lab Paris undertakes to describe with the greatest accuracy the items sold on the site and to ensure, in the best possible conditions, the updating of the information disseminated on it.

However, Holi lab Paris cannot guarantee the accuracy, precision, or completeness of the information made available to customers on the site.

In the event of non-substantial differences between the presentation photos of the items on the site, texts, and illustrations, and the ordered items, the liability of Holi lab, your lithotherapy shop in Paris, will not be engaged.

The customer acknowledges and accepts that item prices may vary between the website and the stores, and that in no case this difference in price could justify a total or partial refund request for items purchased either on the site or in-store.

Holi lab Paris cannot be held responsible for any breach of its contractual obligations resulting from a fortuitous event or force majeure as defined by the jurisprudence rendered by French courts.

In particular, Holi lab Paris will not be held responsible for any non-performance or delay in the execution of orders, caused by events beyond its control ("force majeure").

A force majeure event includes any act, event, non-performance, omission, or accident beyond the control of Holi lab Paris and includes in particular (without limitation):

• Strikes, closures, or other industrial actions.

• Civil unrest, riot, invasion, terrorist attack, or threat of terrorist attack, war (declared or not), or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters. Inability to use private or public transport networks by rail, boats, planes, roads, or other means of transport.

• Inability to use public and private telecommunications networks.

• Acts, decrees, legislation, regulations, or restrictions of any governments.

• Strike, failure, or accidents in maritime, postal, or other transport.

The execution of the GTC will be suspended as long as the force majeure lasts, and the deadlines for execution and delivery will be extended accordingly. Holi lab Paris will endeavor, as far as possible, to end the force majeure event or to find a solution allowing it to fulfill its contractual obligations despite the force majeure event.

Holi lab Paris is only responsible for direct and foreseeable damage at the time of use of the site or the conclusion of the sales contract with the customer, excluding all indirect damage.

XVIII. License

Holi lab Paris grants a limited license to access and use the site for personal and non-professional or commercial use by the customer.

In no case is the customer authorized to download or modify all or part of this site without the written and express authorization of Holi lab Paris.

This site or any part of this site must not be reproduced, copied, sold, or exploited for commercial or professional reasons without the written and express authorization of Holi lab Paris.

The customer must not use techniques allowing the copying of a trademark, a logo, or any other information (including images, text, layouts) of which Holi lab Paris is the owner without its express and written agreement.

Holi lab, lithotherapy shop in Paris, authorizes the customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the site on the condition that this link cannot create, against the items, Holi lab Paris, or any of its registered trademarks, a misleading, false, derogatory, infringing, or harmful character to Holi lab Paris.

In no case will the creation of this hypertext link engage the responsibility of Holi lab, lithotherapy shop in Paris, in any capacity.

XIX. Personal Data Protection

The personal data collected on the site is intended for Holi lab Paris with the customer's consent.

Holi lab Paris undertakes to protect the personal data of its customers.

All personal data concerning the customer collected by Holi lab, lithotherapy shop in Paris, is treated with the strictest confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978, and the GDPR concerning information technology, files, and freedoms, for the needs of order processing.

The information and personal data of customers are necessary for order management and customer relations, as well as to keep them informed of any offers and commercial information that may interest them.

They may be transmitted to contractual providers and partners who intervene and contribute to order management.

This information and order management are also kept for security purposes, to comply with legal and regulatory obligations, and to allow Holi lab Paris to improve and personalize the services offered to customers.

In accordance with the Data Protection Act of January 6, 1978, and the GDPR, the customer has a right of access, rectification, and opposition to the personal data concerning him.

To exercise this right, the customer must send an email or letter to the customer service of Holi lab Paris by completing the contact form located on the site or by writing to the following address: Holi lab Paris customer service, 2 rue Capri 75012 Paris or [email protected], and indicating his name, first name, email address, and customer references.

Each request must be signed and accompanied by a copy of an identity document with the customer's signature and specify the response address. This response will then be sent within a period of 2 months following receipt of the request.

In accordance with current legislation, such information will only be sent to the customer if and only if he has expressly agreed to receive it.

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