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Terms of sale

Article 1: Designation of the seller

These General Terms and Conditions of Sale (hereinafter “GTC”) are concluded between, on the one hand, Hōlyxir, SAS
with capital of €20,000 registered with the RCS of Versailles under number 985161454, having its registered office at 27, rue Sainte Adélaïde, 78000 Versailles and, on the other hand, any person having made a purchase on https://holyxir.fr, hereinafter referred to as “the Customer”.

Article 2: General provisions relating to the GTC

2.1 Purpose of the GTC

The purpose of these GTC is to define the conditions under which Customers can access the Site and order Hōlyxir products, and to detail the rights and obligations of Hōlyxir and the Customers.

2.2 Scope of application of the T&Cs

The T&Cs govern the relations between Customers and Hōlyxir. Any Customer placing an order undertakes to comply without reservation with these T&Cs.

2.3 Modification of the T&Cs

These T&Cs were updated on June 21, 2024. Hōlyxir reserves the right to modify its T&Cs at any time. In the event of modification of the applicable T&Cs, those in force at the time of the order placed by the Customer remain the same.

2.4 Clauses of the T&Cs

The nullity of a contractual clause does not entail the nullity of the T&Cs. The temporary or permanent non-application of one or more clauses of the T&Cs by the professional seller cannot constitute a waiver on its part of the other clauses of the T&Cs, which continue to produce their effects.

Article 3: Price

3.1 Sale price

The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the consumer is indicated on the order confirmation page.
The sale price of the product is that in effect on the day of the order.
The sale price of the products does not include shipping costs invoiced in addition to the price, nor customs taxes if applicable.

3.2 Modification of sale prices

Hōlyxir reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in effect on the day of the order.

3.3 Costs

Additional costs for transport, delivery or postage (to which must be added any other costs borne by the seller), which the customer may have been aware of before ordering, are set out on the order form. Certain customs taxes applied at the border may be applied by the competent authorities, without Hōlyxir being informed and being held responsible.

Article 4: Products

4.1 Presentation of the items

The items are described as precisely and accurately as possible, mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. Hōlyxir undertakes to ensure that the
photographs of the products are as consistent as possible with the products that will actually be delivered to Customers, but they do not constitute a contractual document.

4.2 Use of products

Hōlyxir offers cosmetic products for sale that allow Customers to perform treatments. These products are only available to individuals. Hōlyxir undertakes to provide Customers with all the elements necessary for the proper use of its cosmetic products. Hōlyxir cannot be held liable for damage caused by improper use of the products sold on its site or by failure to comply with the precautions for use.

4.3 Compliance

The products sold by Hōlyxir comply with the requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.

4.4 Availability

The products are offered and delivered within the limits of available stocks. In the event of unavailability of the ordered products, Hōlyxir undertakes to inform the Customer immediately, and to offer them equivalent products or a voucher for the amount of the order that can be used for any future order. In the event of a persistent disagreement with the Customer, Hōlyxir undertakes to reimburse the Customer for the amount of their order within 5 working days. Apart from the reimbursement of the price of the unavailable product, Hōlyxir is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

4.5 Resale of products

The Customer is required not to resell the products ordered on the site without the written agreement of Hōlyxir.

Article 5: Order

5.1 Order process

The Customer fills a virtual basket with the products they have selected. They can then check the details of their order. The Customer can then click on the “Place order” or “Order” button and add the information relating to the delivery method and the payment method. The Customer will then receive an email certifying receipt of the order by Hōlyxir.

5.2 Modification of an order

Hōlyxir reserves the right to accept or not the modification of a Customer’s order after its confirmation. Hōlyxir reserves the right to make modifications to the ordered product that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.

5.3 Validation of an order

Hōlyxir reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers with the status of consumers. Hōlyxir may also refuse or delay processing an order if any fraud is suspected, such as identity theft or theft of payment methods.

Article 6: Payment

6.1 Due date

Once the order has been validated, the Customer automatically accepts the General Terms and Conditions of Sale. The price is due in full after confirmation of the order. Payment is made immediately upon ordering by credit card.

6.2. Payment methods

The Customer then pays on the site https://holyxir.fr by credit card (CB, Visa or Mastercard).

6.3 Secure payment

The Hōlyxir site is equipped with an online payment security system allowing the Customer to encrypt the transmission of their banking data via the electronic money server of the secure payment platform. At no time will the consumer’s banking data pass through the Hōlyxir computer system.

6.4 Verified payment

In the event of abusive practices and/or fraudulent appearance, Hōlyxir reserves the right to carry out checks on orders, and to request certain documents and information concerning the Customer in order to validate the order.

Article 7: Delivery

7.1 Delivery costs

The delivery costs are explicitly specified on the site https://holyxir.fr, The amount of the delivery costs may vary depending on the delivery address of the order.

7.2 Delivery time

The delivery time depends on the delivery method chosen by the Customer, as indicated on the site at the time of the order. The delivery times for an order include its preparation, shipping and delivery to the delivery address indicated by the Customer.

Under normal conditions, Hōlyxir will process the order as soon as possible from Monday to Friday, excluding public holidays.
In order to facilitate the delivery of the order by the carrier, the customer agrees to make the necessary efforts to allow the delivery of the package: name visible on the mailbox, transmission of the digicode, telephone number.

7.3 Place of delivery

The products are delivered to the delivery address indicated by the Customer on their order form.

7.4 Delay in delivery
In the event of a delay in delivery of more than 5 working days, the Customer must inform Hōlyxir customer service, which will implement the necessary and appropriate actions.

7.4 Conformity of products

The Customer agrees to check that they have received a complete and compliant order, at the time it is delivered. Hōlyxir will consider any order received by the Customer against signature as complete and compliant. If the product does not comply with the order, the Customer must submit a complaint to Hōlyxir in order to obtain the replacement of the product or possibly the resolution of the sale.

7.5. Transfer of ownership

From the delivery date indicated in the order form, ownership of the product is transferred to the Customer, except in the case where full payment of the price has not been collected at the time of ordering.

Article 8: Right of withdrawal

According to article L221-28, Hōlyxir will not accept any returns and will not make any refunds because the items for sale, prepared to order for the customer, are likely to deteriorate or expire quickly.

Article 9: Intellectual property

All visual, sound, or textual elements visible on the site are the exclusive property of Hōlyxir.
Any reproduction or representation of the Hōlyxir brand is prohibited.
All elements of the Hōlyxir website (https://holyxir.fr), whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, form marks and copyrights are and remain the exclusive property of Hōlyxir. The reproduction of any page or content is subject to prior written authorization from Hōlyxir.

Article 10: Personal data

In accordance with the law relating to information technology, files and freedoms of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data,

individuals with regard to the processing of personal data and the free movement of such data, the Customer’s personal information may be subject to automated processing by Hōlyxir.

Article 11: Disputes and complaints

In the event of a dispute, the Customer must contact Hōlyxir’s customer service by email (contact@holyxir.fr) in order to attempt to resolve the dispute informally.

In the event of failure of the complaint request to customer service or in the absence of a response within three months, the Customer may submit the dispute with the Seller to the FEVAD E-Commerce Mediation Service (https:/ /www.mediateurfevad.fr/) which will attempt, in complete independence and impartiality,
to bring the parties together with a view to reaching a solution. Hōlyxir and the Customer remain free to accept or refuse the use of dispute resolution through mediation as well as to accept or refuse the solution proposed by the mediator.
Hōlyxir shall not be held liable for damages resulting from improper use of its products.

Article 12: Applicable law and competent jurisdiction

This contract and the General Terms and Conditions governing it are subject to French law. In the event of a dispute, only the Paris commercial court shall have jurisdiction.