GENERAL CONDITIONS OF SALE

ARTICLE 1: DEFINITIONS

HEAD BALANCE: this term designates the company HEAD BALANCE, registered with the Strasbourg R.C.S under number 448 850 503.
Telephone: 03 88 72 50 41 ‘Mail: 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 BUYER of PRODUCTS.

SITE: this term designates the Website: 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 BORDEAUX RCS 789 408 176

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

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

ARTICLE 2: PURPOSE

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

Consequently, any ORDER for one or more PRODUCTS from the BUYER implies unreserved acceptance and prior, full and complete acceptance of 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 his ORDER.
HEAD BALANCE reserves the right to modify these general conditions of sale at any time.

Nevertheless, 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 can, prior to his ORDER, read, directly on the SITE, the essential characteristics of the PRODUCT(s) 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 of unavailability of the PRODUCTS after placing the ORDER, the BUYER will be informed as soon as possible. He will have the possibility either to modify his order or to cancel it and thus obtain a refund within 14 days following payment of the sums paid.

ARTICLE 4: ORDERING PRODUCTS

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

An online ORDER for PRODUCTS results in:

Firstly: sending by HEAD BALANCE, via email, a confirmation and ORDER summary
Secondly: sending by HEAD BALANCE, via email, a confirmation of shipment of the ORDER
Thirdly: delivery by HEAD BALANCE of the PRODUCTS, by post, to the address indicated by the BUYER when placing his ORDER for PRODUCTS.
An ORDER is deemed to have been placed on the SITE and the general conditions of sale accepted as soon as the BUYER has validated his payment. The data recorded by HEAD BALANCE and the secure payment provider constitute proof of the nature, content and date of the ORDER.
The double click of the BUYER under the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and acceptance of the general conditions of sale (check box) constitute 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 previous payment dispute or for any other legitimate reason taking into account, in particular, the abnormal nature of the ORDER.
At any time, the BUYER can 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 are inclusive of all taxes (TTC).
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 (credit card, Visa, Mastercard), check or transfer.
He must check the box corresponding to its choice of payment.
HEAD BALANCE reserves the right to suspend any ORDER management and any delivery in the event of non-payment or refusal of payment authorization.
HEAD BALANCE reserves the possibility of refusing or honoring an ORDER from a BUYER who has not paid for all or part of a previous ORDER or with whom a payment dispute remains.

HEAD BALANCE cannot be held responsible for any embezzlement or fraudulent use of any means of payment which has not been detected by the verification procedure. the BUYER guarantees 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 cannot give rise to reimbursement by HEAD BALANCE. As long as an ORDER for PRODUCT(s) has not been fully paid, the PRODUCT(s) remain the property of HEAD BALANCE.

ARTICLE 7: SECURITY OF PAYMENTS

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

ARTICLE 8: SHIPPING & DELIVERY

The products are only delivered to mainland France, Corsica, Belgium, Luxembourg and Monaco, in accordance with the address as indicated during the order process. It is up to the BUYER to provide exactly all the details necessary for the proper delivery of his order.

The company HEAD BALANCE 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 mention in the address of delivery and/or the identity of the BUYER relieves HEAD BALANCE of responsibility for delivery within the deadlines mentioned above. After notification of the correction relating to the address or identity, the company Laboratoires Arcana will do everything possible to deliver as quickly as possible.

Upon receipt of the ORDER, the BUYER is required:

To formulate all reservations and complaints with the Post Office employee or to refuse the package if it is likely to have been opened or damaged
To report these incidents to Customer Service whose contact details are indicated in article 3
This without delay and at the latest within 3 working days from receipt of the ORDER.

ARTICLE 9: WITHDRAWAL & NON-COMPLIANCE

In application of the provisions of article L.121-21 of the Consumer Code, the BUYER has a withdrawal period of fourteen (14) days from delivery of his ORDER to return of the PRODUCT(S) delivered for reimbursement. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following 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.

Reimbursement of all amounts paid will take place at the latest within 14 days, from 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 facts.

Beyond this, the amount due is, automatically, increased by 10% if reimbursement occurs no later than 30 days beyond this term, by 20% up to 60 days, by 50% between 60 and 90 days and 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-compliance or exercise of 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 resalable condition.

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-compliance 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 or quality PRODUCT and equivalent price depending on stock availability, or to reimburse the price of the PRODUCT within a maximum period of 30 days following the BUYER’s request.

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

With the exception of the specific case of non-compliance of the PRODUCTS with the ORDER, there is no exchange of PRODUCT possible. If the BUYER changes his mind and wishes to exchange an ordered PRODUCT for a new PRODUCT, he must, under his right of withdrawal (see article 5.6), return the PRODUCT. This will be refunded but not exchanged. To have a new PRODUCT, the BUYER will have to place a new ORDER on head-balance.com.

ARTICLE 11: RESPONSIBILITY

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

ARTICLE 12: INTELLECTUAL PROPERTY

The omoye.com Website is an intellectual work protected by Intellectual Property Law. Each of the elements which compose it (such as, in particular, brands, logos, photographs, images, illustrations, texts, slogans) are the exclusive property of HEAD BALANCE, the only one authorized to use the intellectual property rights and personality rights relating thereto. .
Any reproduction and/or full or partial representation, use, adaptation or modification, of the SITE or 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 the elements which compose it must be subject to express and prior authorization from HEAD BALANCE . The creation of hypertext links to the SITE can only be carried out with the prior written authorization of HEAD BALANCE.

ARTICLE 13: IT & 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 commercial partners.
In accordance with the IT and freedoms law n° 78-17 of January 6 1978, the BUYER has a right of access, rectification, deletion and opposition to his personal data. the BUYER may exercise this right by writing to HEAD BALANCE, Consumer Services, 20, rue de l’étoile F, 67350 UHRWILLER, indicating his/her name, first name and address as well as the subject of the request.