TERMS & CONDITIONS OF SALE
Article 1: DEFINITIONS
BR SAS: this term designates BIOLOGIQUE RECHERCHE (Ambassade Biologique Recherche Milano) with a share capital of €750,000 and the intra-community VAT no. FR 24 499 386 753, registered with the Paris Trade and Companies Register under No. 499 386 753, and with its registered office at 32 Avenue des Champs-Élysées, 75008 Paris.
TREATMENT(S): this term designates the TREATMENT INVITATION GIFT CARDS sold by BIOLOGIQUE RECHERCHE and offered for sale on the WEBSITE.
PURCHASER: this term designates the contracting party, a non-professional natural person who ordered one or more TREATMENT(S) on the Website.
BENEFICIARY: this term designates the PURCHASER or a third party as the beneficiary of the treatment, depending on whether the PURCHASER uses the TREATMENT personally or gifts it to a third party.
WEBSITE: this term refers to the Website www.ambassade-biologique-recherche-milano.com/ where the TREATMENTS are displayed and sold to the PURCHASER. It is hosted by E WORLD CONCEPT located at 6 Place de la Madeleine, 75008 Paris, registered with the Paris Trade and Companies Registry under No. 478 376 130.
ORDER: this term designates the sales contract concluded between BR SAS and the PURCHASER for a purchase on the WEBSITE.
PARTY/PARTIES: this term jointly or separately designates the PURCHASER and/or BR SAS.
Article 2: PURPOSE
These Terms & Conditions of Sale set out the terms and conditions under which BR SAS sells TREATMENTS to PURCHASERS on its WEBSITE.
Consequently, any order for one or more TREATMENT(S) placed by the PURCHASER entails the latter's unconditional and unrestricted adherence to these Terms & Conditions of Sale, which prevail over any other document, excepting specific conditions expressly agreed in writing by BR SAS.
The PURCHASER acknowledges having read the Terms & Conditions of Sale prior to placing their ORDER and accepts them without reservation.br />
These Terms & Conditions of Sale apply only to the online sale of TREATMENTS on the WEBSITE and are in force from 1 December 2014. They nullify and replace all previous versions.
BR SAS reserves the right to modify these Terms & Conditions of Sale at any time.
However, the Terms & Conditions of Sale applicable to the ORDER of TREATMENTS placed by a PURCHASER on the WEBSITE are those accepted by the PURCHASER at the time they placed their ORDER.
These Terms & Conditions of Sale are in addition to the conditions of use that apply to the PURCHASER when using the WEBSITE, which can be referred to at any time under the heading “Legal Notices” on the WEBSITE.
Article 3: The ordering process for TREATMENTS
We remind you that these Terms & Conditions of Sale only apply to the sale of TREATMENTS on the WEBSITE.
It is however possible for the PURCHASER to place an order in two ways:
- Via the Internet, on the WEBSITE
- In person, at the AMBASSADE DE LA BEAUTE BIOLOGIQUE RECHERCHE
To buy TREATMENTS online via the Internet, the BUYER connects to the WEBSITE and enters his title, last name, first name, email address, postal address and phone number.
The BUYER has a choice of two delivery methods for the TREATMENTS: Receiving them by post (1), or picking them up at L’AMBASSADE DE LA BEAUTE (2). Once the delivery mode has been confirmed, a screen summarises the entire ORDER which the BUYER must confirm. He is then redirected to the website's secure payment page to complete his payment.
Therefore, an online ORDER for TREATMENTS entails:
1/ If the postal delivery method was chosen:
- First of all, BR SAS sends, via email, a confirmation and a summary of the ORDER.
- Secondly: BR SAS sends the invoice to the PURCHASER by e-mail and delivers, by post, to the address indicated by the PURCHASER when placing his ORDER, the TREATMENT being able to be used by the BENEFICIARY.
2 / In the event of a choice of delivery by withdrawal from the AMBASSADE DE LA BEAUTE:
- BR SAS sends, via email, a confirmation and a summary of the ORDER. This proof of payment must be printed and will be requested from the PURCHASER when collecting the TREATMENT at L'AMBASSADE DE LA BEAUTE, 32 avenue des Champs-Élysées in Paris. The invoice will then be given to the PURCHASER.
Article 4: Delivery
Delivery will be made within an average period of two (2) to four (4) working days and in any event within a maximum period of seven (7) days from the day after their ORDER was placed.br />
Delivery will be made by post with a tracking number to the delivery address provided by the PURCHASER when they placed the ORDER.
If the delivery address or personal data about the PURCHASER is inaccurate or incomplete, BR SAS is released from any liability for the delivery.
Once the ORDER has been received by the PURCHASER, they must without delay, and within three (3) working days at the latest:
- Formulate any reserves and complaints to the Postal delivery agent or reject the parcel if he considers it has been opened or damaged
- Report these incidents to the After Sales Service whose contact details are indicated in article 6 for TREATMENTS
Otherwise, the ORDER is deemed to have been delivered in good condition and no complaint may be lodged at a later date. The transfer of ownership occurs at the moment that the TREATMENTS are delivered.
Article 5: Conditions for use of TREATMENTS
The TREATMENT is valid for 1 (one) year from the date of issue. Its expiry date is shown on the TREATMENT itself. The TREATMENT can only be used by the person named, and cannot be refunded or exchanged. No exceptions will be made. (Except in the case of withdrawal by the PURCHASER).
The period of validity of the TREATMENT – whether used by the PURCHASER or their BENEFICIARY – may be extended only once, and then only for a fixed period of 3 (three) months. Any request for an extension MUST be made during the period of validity of the TREATMENT and will give rise to an additional charge of €30 (thirty Euros) for administrative costs.
In the event that the TREATMENT is lost or stolen, a single duplicate may be issued by BR SAS. This duplicate will definitively nullify the original TREATMENT.
To book the TREATMENT services, the BENEFICIARY must:
- Call l’Ambassade Biologique Recherche
- Specify the time and date of the appointment
- On the day of the treatment, hand in his TREATMENT to reception
- Sign in 10 min before the start of the appointment so that the treatment can start on time
- If arriving late, the duration of the treatment will be shortened by an equal length of time
- Any cancellation must be made no later than 24 hrs in advance
- Inform the staff of any health problems (circulatory problems, allergies, asthma, etc.) or pregnancy (some treatments are not recommended)
- If pregnant, come with medical authorisation when arriving for body treatment
- In the event of a recent serious illness or a recent serious operation, come with a medical certificate of non-contraindication issued by your usual doctor
If you cancel an appointment less than 24 hours in advance or do not show up for the appointment, the TREATMENT will be considered definitively forgone and shall not be reimbursed, or credited.
Furthermore:
- The treatment durations indicated are estimates
- The TREATMENT cannot be split into separate sections, cannot be modified and must be taken in a single session.
- Body treatments are not available for persons under the age of 18.
BR SAS reserves the right to refuse the service requested if the BENEFICIARY of the TREATMENT does not meet the above-mentioned required conditions or for any reason related to the BENEFICIARY's health. In such a case, BR SAS shall not be obligated to compensate the BUYER.
Article 6: After-sales Service
An online TREATMENT after-sales service is available to the PURCHASER. Please email info@biologique-recherche.com stating your concern.
Article 7: Prices
The prices of TREATMENTS are given in Euros and include all taxes, but exclude a contribution towards processing and postage costs, which are charged on a fixed scale according to the beneficiary's address, as follows:
- Offered for France
- €20 for Europe
- €30 for outside Europe
This fixed charge will be applied and shown at the final confirmation of the ORDER by the BUYER.
A Gift Box is offered during the ORDER process and is free of charge to BUYERS requesting it and is subject to stock availability. TREATMENTS REMAIN THE PROPERTY OF BR SAS UNTIL PAID IN FULL.
Article 8: Payment
Payment for the ORDER is made online on the WEBSITE (ambassade-biologique-recherche-milano.com/) with a payment card (bank card, Visa, Mastercard or American Express). To buy one or more TREATMENTS on the WEBSITE, the PURCHASER enters the following data directly into the relevant fields: card number, expiry date and the 3-digit security code on the back of the card. The total amount of the ORDER will be debited from the payment card on the day of the ORDER. BR SAS reserves the right to suspend the processing or shipping of an ORDER in the event of non-payment or if payment authorization is refused by the usual officially accredited online organizations.
BR SAS reserves the right to refuse or honor an ORDER from a PURCHASER who has not paid for all or part of a previous ORDER, or with whom there is an ongoing payment dispute.
BR SAS shall not be held liable for any misappropriation or fraudulent use of any means of payment that was not detected by the verification procedure. The PURCHASER guarantees BR SAS that they are authorized to use the payment method they employ when placing their ORDER.
Any fraudulent use of the payment card will not give rise to a refund by BR SAS.
Purchases made by the PURCHASER are secure. When the PURCHASER places their ORDER online, the data is held on the BR SAS servers. Once the PURCHASER pays for the ORDER, they shift across to the secure servers of BR SAS's partner, CIC. Transactions carried out on the WEBSITE are secured by the CM-CIC payment system. All data exchanged to process the payment is encrypted using the SSL protocol. CM-CIC is certified by Visa (AIS), Mastercard (SDP) and American Express (TDC). These certifications guarantee that the operational processes and technical solutions used by CM-CIC comply with the most stringent criteria in terms of security of data flow and protection of bank account information. Purchases made by the PURCHASER are also secured by the system known as 3D Secure, an extra payment security layer designed to combat online fraud through identity theft. It works by requiring an additional verification step when paying to ensure the card is being used by its authorized holder. BR SAS uses 3D Secure on the WEBSITE.
Article 9: Cooling-off Period & Non-compliance
9.1 In accordance with the provisions of Article L.121-20 of the Consumer Code, the PURCHASER enjoys a cooling-off period of fourteen (14) clear days from the date of delivery of the ORDER, within which time they can withdraw from the purchase, return the TREATMENT(S) delivered and get a refund. If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the first next business day.
Download the withdrawal form
All sums paid will be refunded within 14 days at the latest from the date when the right to withdraw was exercised. Beyond that period, the amount due shall automatically bear interest at the legal rate in force. If the value of the original order allowed the PURCHASER to enjoy a benefit such as free shipping or bonus gifts, the returned products can be refunded subject to the return of these benefits. All returns (whether due to non-compliance or a change of mind during the cooling-off period) must be made to the following address: BR SAS, 32 Avenue des Champs-Élysées, 75008 Paris, in their original packaging and in perfect condition for resale. Shipping costs for the return of the package remain the responsibility of the PURCHASER.
9.2 Before placing their ORDER, the PURCHASER can look on the WEBSITE to see the essential information about the TREATMENT(S) they would like to order.
In the event that the TREATMENT is at variance with the ORDER, BR SAS undertakes to offer the PURCHASER a choice between exchanging the TREATMENT for one that conforms exactly to the ORDER, or being refunded the price of the TREATMENT within a maximum period of 14 days following the PURCHASER's request.
Article 10: Limitations on liability
BR SAS cannot be held liable for:
- any consequential loss that may result from buying the TREATMENTS;
- the non-execution or poor execution of the ORDER due to force majeure as defined by case law and the French courts or by any act or omission by the BUYER, BENEFICIARY or third party.
- Similarly, under these general terms of sale, BR SAS shall not be liable for loss resulting from Internet use such as virus, hacking, loss of data, interruption of internet service, fraud or data theft.
Article 11: Legal warranties
BR SAS reminds customers of the following legal guarantees:
Legal Guarantee of Conformity (extract from the Consumer Code) Art. L. 211-4: “It is the seller's obligation to deliver goods that conform to the contract and they are liable for any failure to fulfil this obligation at the time of delivery. The seller is also be liable for any lack of conformity resulting from the packaging or assembly instructions, or from installation if the latter was entrusted to the seller under the contract or was carried out under their responsibility.”
Art. L. 211-5: “To be in conformity with the contract, the goods must: 1. Be fit for the purpose or use usually expected of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the PURCHASER in the form of a sample or model of the product;
- have the qualities that a PURCHASER can legitimately expect in view of the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labelling;
2. Or possess the characteristics mutually agreed by the parties or be suitable for any special use sought by the PURCHASER, which the seller was made aware of and accepted.”
Art. L. 211-12: “Any legal action prompted by lack of conformity is governed by a term of prescription of two years from delivery of the good.”
“Warranty covering defects of the item sold" (extract from the Civil Code)
Art. 1641: “The seller guarantees the item sold against hidden defects that render it unfit for its intended use, or which so diminish this use that the PURCHASER would not have acquired it, or would have paid a lower price for it, if they had known about them.” br />
Art. 1648 - paragraph 1. "Any legal action based on latent defects must be brought by the PURCHASER within two years of when the defect was discovered.”
Article 12: Personal data
The data collected by BR SAS during the process of the PURCHASER placing any ORDER is necessary so that BR SAS can process the ORDER.
In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the PURCHASER has a right to access, rectify, or delete their personal data, and the right to object to the processing of it. The PURCHASER may exercise this right by writing to BR SAS, 32 Avenue des Champs-Élysées, 75008 Paris, stating their surname, first name and address as well as the nature of their request.
The collection of data is declared to the CNIL under No. 1816033.
Article 13: Intellectual property
The ambassade-biologique-recherche-milano.com/ WEBSITE is an intellectual work protected by Intellectual Property rights. Each of the components that make it up (such as trademarks, logos, photographs, images, illustrations, texts, slogans, or videos) are the exclusive property of BR SAS, which alone has authority to use the related intellectual property rights and personality rights.
Any reproduction and/or representation in whole or in part, any use, adaptation or modification of the WEBSITE or any of its components on any medium whatsoever, and in any form whatsoever, for other purposes and in particular for commercial purposes is unequivocally forbidden without express prior authorization from BR SAS. Hypertext links to the WEBSITE can only be created with the prior written permission of BR SAS.
The trademarks displayed on the WEBSITE are registered trademarks and therefore protected, and are the exclusive property of BR SAS.
Article 14: Miscellaneous
14.1: Integrity of the contract
The fact that at a given time BR SAS does not invoke one of the clauses of these Terms & Conditions may not be interpreted as a waiver on the part of BR SAS to invoke any of said clauses at a later date. In the event that one of these provisions should be declared null and void or deemed unwritten, this will not call into question the validity of the other provisions of the Terms & Conditions of Sale.
14.2: Proof of orders/archiving
The PURCHASER is expressly informed that except in the case of an obvious error which they can prove, the data stored in BR SAS databases has probative value as to ORDERS placed.
Data on computers or electronic media, regularly backed up, constitutes admissible and enforceable evidence in the same terms and with the same probative force as any written document received and kept.
14.3: Arbitration & Disputes
In the event of a dispute between BR SAS and the PURCHASER, prior to any referral to a court the earliest petitioner shall send a letter of formal notice setting out the grievances alleged against the other party.
If no attempt at arbitration has been made within 15 days of the date of the letter of formal notice, or in the event that it is unsuccessful, the earliest petitioner shall notify the other party in writing, prior to any referral to a competent court, that the arbitration period has ended.
14.4: Applicable Law & Competent Jurisdiction
These Terms & Conditions of Sale and the sale of TREATMENTS by BR SAS are subject to French law.
In the absence of arbitration, any dispute relating to the interpretation, performance or breach of the contract between BR SAS and the PURCHASER will fall under the exclusive jurisdiction of the French courts.