General Terms and Conditions of Individual Sales

TERMS AND CONDITIONS OF SALE

Important notes 

 

The products made available on this site are strictly for personal use. HEDONIST LABS reserves the right to refuse orders for products intended for resale. For distributors and pharmacies, please send an email to [email protected].

Orders are prepared by our in-house teams.

Each product is shipped with a seal. If the seal is not present, you must not accept your parcel. If the seal is not present, you must not accept your parcel, in which case your order will be returned to the carrier for compensation. You will be reimbursed once we have received your package.

1. Scope of application

The present conditions of sale apply, without restriction or reservation, to all sales concluded between, on the one hand, HEDONIST LABS, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 884 875 295, whose registered office is at 10 Rue de la Paix 75002 PARIS, whose intercommunity VAT number is FR2884875295, whose trade name is HEDONIST LABS (hereinafter referred to as "HEDONIST LABS"), and on the other hand, any non-professional purchaser (hereinafter referred to as the "Customer" or "Customers") wishing to acquire the products offered for sale by HEDONIST LABS (hereinafter referred to as the "Products") via the website (hereinafter referred to as the "Website"). In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the Website are dietary supplements, plant extracts, cosmetics and skincare products. The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Internet Site. It is the Customer's responsibility to familiarize himself/herself with these before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of HEDONIST LABS.

It is the Customer's responsibility to refer to the description of each Product in order to know its properties and essential particularities.

The contact details for HEDONIST LABS are as follows:

HEDONIST LABS

 

10 Rue de la Paix

75002 PARIS

France

Tel.: 06.18.27.49.23

Email : [email protected]

Validation of the order by the Customer implies unreserved acceptance of these terms and conditions of sale. The Customer acknowledges having the capacity required to contract and purchase the Products offered on the Website. These conditions of sale shall prevail over any other general or special conditions not expressly approved by HEDONIST LABS. These terms and conditions of sale are accessible at all times on the Website. The Customer declares that he/she has read these terms and conditions of sale and has accepted them by checking the appropriate box before completing the online order procedure, as well as the terms and conditions of use of the Website.

HEDONIST LABS reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the Customer. In the absence of proof to the contrary, the data recorded in the HEDONIST LABS computer system constitutes proof of all transactions concluded with the Customer. In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and oppose all personal data at any time by writing to the above address, providing proof of identity.

2. Controls

The Customer can place an order via the Internet on the website

Customers wishing to place an order on the Website must place their order in accordance with the following terms and conditions:

- create a "customer account" in which he/she will enter all the requested details.

- create an online "basket" by selecting all the Products.

- accept the present general conditions of sale, validate the order after checking it.

- make payment in accordance with the conditions laid down.

Any order implies unreserved acceptance of these terms and conditions of sale. Any order implies acceptance of the prices and description of the Products available for sale.

Contractual information is presented in French and will be confirmed at the latest when the order is validated by the Customer.

From the moment the Customer validates his/her order, he/she is deemed to have accepted, with full knowledge of the facts and without reservation, the present terms and conditions of sale, and the prices, volumes and quantities of products offered for sale and ordered. The sale will only be considered final after HEDONIST LABS has sent the Customer confirmation of acceptance of the order by e-mail and after HEDONIST LABS has received payment in full. It is the Customer's responsibility to verify the accuracy of the order and to immediately notify HEDONIST LABS of any errors. Any order placed on the Website constitutes the formation of a distance contract between the Customer and HEDONIST LABS.

HEDONIST LABS' Product offers are valid while stocks last.when a Product ordered is unavailable and/or out of stock, the Customer is informed and is also informed of the availability period of the out-of-stock Product by e-mail or, in the case of an order of several Products, on the invoice for the Products shipped. HEDONIST LABS may in no case be held liable for the unavailability of a Product. HEDONIST LABS cannot be held liable for the unavailability of a Product. In the event of unavailability and/or out-of-stock condition of a Product(s), the Customer may request either a refund of the unavailable or out-of-stock Product, or a credit note in the amount of the price of the unavailable or out-of-stock Product, to be used for a subsequent order. Only if a Product is permanently out of stock with HEDONIST LABS suppliers will it be removed from our sales offer. HEDONIST LABS will then remove this Product from the Website as soon as possible.

HEDONIST LABS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

In the absence of proof to the contrary, the data recorded by HEDONIST LABS constitutes proof of all transactions between HEDONIST LABS and its customers.

3. Offers and prices

HEDONIST LABS reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date. Offers and Products are supplied at the current prices shown on the Website when the order is placed.

The prices of the Products are indicated in euros, inclusive of all taxes, and do not take into account the costs of delivery, invoiced in supplement, and indicated before the validation of the order, of packing and treatment of the order.

Promotional offers are valid for the duration of their validity, as long as they are displayed on the website, and while stocks last. Orders can only be accepted if the prices quoted are in line with those of the current offer.

The price is payable in cash, in full and in a single instalment on the day the order is placed by the Customer, by secure payment. At no time may the sums paid be considered as deposits or advance payments. Cash on delivery will not be accepted for any reason whatsoever. Should one or more taxes or contributions, notably environmental, be created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.

All orders are invoiced and payable in euros.

HEDONIST LABS reserves the right, in the event of non-compliance with the terms of payment, to suspend or cancel the delivery of current orders placed by the Customer.

4. Delivery

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

4.1. PRODUCT DELIVERY COSTS

For each order, a flat-rate contribution to the cost of making the goods available is required, which includes postage, packaging and order processing. The flat-rate contribution is indexed to the delivery method chosen by the Customer at the time of placing the order.

Shipping costs include VAT.

In order to reduce transport costs, all small and medium-sized Products are sent by La Poste's Colissimo Suivi service, which undertakes to deliver within forty-eight (48) hours anywhere in France, and offers the Customer the possibility of collecting the Products ordered from the post office close to the delivery address in the event of absence from the initial delivery location when the letter carrier arrives. If the customer is absent on the day of delivery, the letter carrier will leave a delivery notice in the letterbox, allowing the customer to collect the parcel from the post office during opening hours, within a fortnight. The Customer is able to track his order thanks to the Colissimo number which is sent to him by email on the day the order is dispatched.

For reasons of availability, an order may be delivered to the customer in several shipments. In this case, the customer pays for only one delivery.

4.2. PRODUCT DELIVERY TIMES

HEDONIST LABS undertakes to use its best efforts to deliver the Products ordered by the Customer as soon as possible. However, if the Products ordered have not been delivered within thirty (30) days of the order being placed, the Customer must inform HEDONIST LABS as soon as possible by telephone or email. HEDONIST LABS will contact the carrier to initiate an investigation, which may take up to twenty-one (21) days. If the Products are found, they will be returned to the Customer's address. If the Products are not found at the end of the investigation, the Products will be deemed lost and HEDONIST LABS will then be able to send the Customer replacement Products, at no additional cost to the Customer. If the Products ordered are no longer available, HEDONIST LABS will refund the amount of the Products deemed lost. If the Products are still available, but have changed their selling price on the Website, HEDONIST LABS will apply the new selling price, either by refunding the difference by bank check, or by requesting an additional bank check from the Customer for the amount of the price difference.

In any event, if the Products have not been delivered within ten (10) days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L. 216-2 to L. 216-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

4.3. DELIVERY ADDRESS

Products are delivered to the address indicated by the Customer when placing the order. The Customer must ensure that this address is correct. Any parcel returned to HEDONIST LABS because of an incorrect or incomplete delivery address will be reshipped at the Customer's expense and HEDONIST LABS cannot be held responsible for the impossibility of delivering the order. If the Customer wishes to be delivered to two different delivery addresses, he/she must place two separate orders, with the corresponding delivery charges.

4.4. RECEIPT OF ORDER

Upon receipt of the order, the Customer must check the condition of the Products delivered. Any anomaly concerning delivery (i.e. missing or damaged Products, damaged packages) must be indicated, firstly, on the delivery note and in the form of handwritten reserves accompanied by the Customer's signature to the carrier. Secondly, any anomaly must be notified to HEDONIST LABS as soon as possible after receipt of the Products:

by post to the following address 

HEDONIST LABS, 10 Rue de la Paix 75002 PARIS

by email to the following address: [email protected]

by telephone on 06 18 27 49 23, Monday to Friday, 9.30 a.m. to 6.30 p.m.

This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.

HEDONIST LABS reserves the right to ask the Customer to return the damaged Product(s). In case of abnormal or abusive returns, HEDONIST LABS reserves the right to refuse to honor any future order from the Customer.

Damaged parcel

If the customer notes that the package is damaged upon delivery, he may either refuse the package, which will then be returned directly to HEDONIST LABS, or accept the package and report the damage to the packaging.

If the Customer notices that the packaging of the parcel to be delivered to the letterbox is damaged, he/she may, provided that the parcel has not been opened, refuse the parcel by returning it to the post office, at the latest on the working day following its delivery.

Returns marked "NPAI" correspond to parcels returned by the delivery service provider as "N'habite Pas à l'Adresse Indiquée". After receipt and acceptance of the returned parcel by HEDONIST LABS, a credit note for the total amount of the order, less shipping costs, will be credited to the Customer's account within forty-eight (48) hours of receipt of the parcel by HEDONIST LABS. The Customer may then place the order again, ensuring that the delivery address is correct. Unclaimed" returns

Unclaimed" returns correspond to packages that have not been claimed by customers at the post office or retailer chosen by the customer at the time of ordering within fifteen (15) days of the delivery notice. Upon receipt and acceptance of the returned package by HEDONIST LABS, a credit note for the total amount of the order, less shipping costs, will be credited to the Customer's account within forty-eight (48) hours of receipt of the package by HEDONIST LABS. The Customer may then place the order again.

4.5. ORDERS DELIVERED OUTSIDE THE EUROPEAN UNION 


Orders shipped to countries outside the European Union, including Switzerland and Norway, are expressed exclusive of tax. Taxes are payable by the Customer upon receipt of the parcel, in accordance with the laws in force in the country of destination. It is the customer's responsibility to check with local authorities for any customs duties, local taxes or other import duties that may be levied, as these are not the responsibility of HEDONIST LABS. The products marketed by HEDONIST LABS comply with French regulations. It is therefore the Customer's responsibility to check with the local authorities in his/her country for any restrictions on the import and use of the Products ordered.

HEDONIST LABS cannot be held responsible for the purchase of a product considered to be non-compliant in a given country, even though this product complies with French regulations.

5. Right of withdrawal

Pursuant to the provisions of Article L. 221-19 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise his right of withdrawal from HEDONIST LABS, without having to give any reason or pay any penalty, for reimbursement, provided that the Products are returned in their original packaging, complete and in perfect condition, allowing them to be sold again. Products that have been damaged, opened, soiled or incomplete will not be accepted for return.. Products must be returned within fourteen (14) days of notification to HEDONIST LABS of the Customer's decision to cancel. This period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The Product in its original packaging must be sent to the following address:

HEDONIST LABS

Customer returns service

10 Rue de la Paix

75011 Paris

France

The Customer must accompany his parcel with the following withdrawal form or any other unambiguous statement expressing his wish to withdraw:


I hereby give notice of withdrawal from the contract concerning the order of the following Products:

- Order from: ............

- Order number: ............

- Customer name: ........................

- Customer address: ..............................

[Customer's signature]


It is advisable to return the parcel by tracked mail, in the event that it is lost in transit. HEDONIST LABS cannot be held responsible in this respect.

6. Refund

In the event of non-receipt of the order within the aforementioned delivery times, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer, under the conditions provided for in articles L. 216-2 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract by the Customer, to the exclusion of any compensation or deduction.

If the Product ordered is unavailable, the Customer who has opted for a refund will be reimbursed the sums paid within thirty (30) days of their payment at the latest.

If the right of withdrawal is exercised within the period specified in Article 5, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. The Customer will be reimbursed within fourteen (14) days of receipt of the Products by HEDONIST LABS.

For products marked "pre-order", a delivery date is indicated.

Reimbursement will be made according to the method of payment used by the Customer at the time of ordering.

HEDONIST LABS reserves the right to cancel and refund all orders placed by a professional.

7. Terms of payment

This is an order with a payment obligation, which means that placing the order implies payment by the Customer.

To pay for an order, the Customer may use the payment methods provided by HEDONIST LABS and listed on the Website, i.e. payment by credit card (Shopify Payment) or Paypal.

The customer guarantees HEDONIST LABS that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. HEDONIST LABS reserves the right to suspend any order and any delivery in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment.

In particular, HEDONIST LABS reserves the right to refuse to make a delivery or to honor an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

HEDONIST LABS does not store any personal or financial information in its database when processing the Customer's payment.

PAYMENT BY CREDIT CARD

Payment by credit card is made directly online via a secure transaction using the Shopify Payments system. Payment data is exchanged in encrypted mode using 128-bit SSL (Secure Socket Layer) protocol. When the Customer places an order on the Website, the credit card is debited immediately as follows: the Customer enters the credit card number in the field provided, with no spaces between the digits, the validity date, and the last three digits of the pictogram on the back of the card. The credit card is generally debited when the order is dispatched.

HEDONIST LABS also allows customers to print out their order and send it by fax, including credit card details, or by post.

8. Transfer of ownership - Transfer of risk

The transfer of ownership of the Products from HEDONIST LABS to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products. Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at HEDONIST LABS' risk.

9. Liability

The Products sold on the Website comply with the regulations in force in France. The Products supplied by HEDONIST LABS benefit by right and without additional payment, independently of the right of withdrawal:

- the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, for Products that appear to be defective, damaged or not corresponding to the order.

- the legal warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code, arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use.

Article L. 217-4 of the French Consumer Code: "The seller delivers goods in conformity 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, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code: "The goods conform to the contract:

1° If it is fit for the use usually expected of similar goods and, where applicable:if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L. 217-12 of the French Consumer Code : "Action resulting from a lack of conformity is barred two years after delivery of the goods.

Article 1641 of the French Civil Code Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rend impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage, que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il avait connu."

Article 1648 of the French Civil Code : "Actions resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

In order to assert his rights, the Customer must inform HEDONIST LABS, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products or the existence of hidden defects within a maximum period of two (2) years from their discovery.

The customer may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within thirty (30) days of HEDONIST LABS finding the non-conformity or hidden defect. Refunds will be made by crediting the Customer's bank account or by cheque sent to the Customer.

HEDONIST LABS shall not be held liable in the following cases:

non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check;

in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

HEDONIST LABS' warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

10. Intellectual property

All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used on the website and, more generally, all elements reproduced or used on the website are protected by current intellectual property laws.

They are the full and complete property of HEDONIST LABS or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of HEDONIST LABS, is strictly prohibited. The fact that HEDONIST LABS does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution. Any single link or hypertext link is strictly forbidden without the express written consent of HEDONIST LABS.

11. Personal data

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, we remind you that the personal data requested from the customer is required to process the order and, in particular, to draw up invoices. This data may be communicated to any HEDONIST LABS partners responsible for the execution, processing, management and payment of orders. HEDONIST LABS undertakes not to divulge to third parties the information provided by customers and visitors to the Website. This information is confidential. It will only be used by HEDONIST LABS' internal departments to process orders and to reinforce and personalize communication, in particular through newsletters and e-mails, as well as to personalize the Website according to users' preferences.

The processing of information communicated via the Website has been declared to the CNIL.

The Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right may be exercised under the terms and conditions defined on the Website.

Customers are informed that when they visit the Website, a cookie may be automatically installed on their browser. A cookie is a block of data which does not allow the Customer to be identified as a user, but which records information relating to the Customer's browsing on the Website. To place an order on the Website, the Customer must accept cookies. Customers may deactivate cookies, in which case they will be able to access the Website but will not be able to place orders on the Website. Procedures for deactivating cookies, depending on the browser software used by the Customer, are available on the CNIL website http://www.cnil.fr.

12. Applicable law - Settlement of disputes

These general terms and conditions of sale and the transactions arising therefrom are governed by and subject to French law. In the event of a dispute or claim, the buyer should first contact HEDONIST LABS for an amicable solution.

All disputes arising out of or in connection with the purchase and sale transactions entered into pursuant to these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.


The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission), in accordance with Article L. 612-1 of the French Consumer Code, or with the existing sector-specific mediation bodies whose references are given below, or to any alternative dispute resolution method (i.e. conciliation) in the event of a dispute.

CONTACT DETAILS FOR THE RELEVANT SECTOR MEDIATION BODIES :

  • The Mediator of Cooperative and Associated Commerce :
    • Médiateur du Commerce Coopératif et Associé FCA
    • 77 rue de Lourmel
    • 75015 Paris
    • Tel.: 01 44 37 02 00
    • http://www.mcca-mediation.fr/
  • the e-commerce mediator of the Fédération du e-commerce et de la vente à distance (FEVAD):
    • FEVAD e-commerce mediator
    • 60 rue la Boétie
    • 75008 Paris
    • Tel: 01 42 56 38 86
    • http://www.mediateurfevad.fr/
  • MEDICYS (Mediation and e-services center) :
    • Médicys
    • 73 Boulevard de Clichy
    • 75009 Paris
    • [email protected]
    • http://www.medicys.fr/index.php/consommateurs/

13. No partial validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

14. Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties' control and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to Customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than three (3) months, the present terms and conditions may be terminated by the injured party.

15. Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present General Terms and Conditions and of all the information and details referred to in Articles L. 111-1 to L. 111-8 of the French Consumer Code, and in particular :

the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;the price of the Product and its ancillary costs;in the absence of immediate execution of the contract, the date or time by which HEDONIST LABS undertakes to deliver the Product;

information relating to the identity of HEDONIST LABS, its postal, telephone and electronic contact details and its activities, insofar as this is not apparent from the context;

Information on legal warranties and how to make use of them;

the functionalities of the digital content and, where applicable, its interoperability ;

the possibility of resorting to conventional mediation in the event of a dispute;information on the right of withdrawal.

The fact that an individual or legal entity places an order on the Website implies full acceptance of these terms and conditions of sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against HEDONIST LABS.