|General terms and conditions of sale Institut Saara - APSARA|
|APSARA kindly invites all its customers using the sites institusaara.fr & institursaara.com to carefully read its general terms and conditions of sale before proceeding with any orders from its electronic mail-order catalogue|
|ARTICLE 1 : OBJECT|
|institutsaara.fr & institursaara.com are on-line sales sites marketing cosmetics and beauty treatment packages and subscriptions.|
APSARA - institutsaara sites are supplied by selected companies who have accepted to be listed in the on-line product catalogue.
The URL address " http://www.institutsaara.fr " & " http://www.institursaara.com " is a French site where prices and invoices are stated in euros (€) and in American dollars (US$).
The object of these general terms and conditions of sale is to set forth the rights and obligations of the buyers of the products and services sold on the web sites institutsaara.fr & institursaara.com subject to the present terms and conditions only, notably to the exclusion of those currently in use for sales in shops or brochures issued by Institut Saara.
Consequently, placing an order on these sites implies full and unconditional acceptance by the buyer of the general terms and conditions of sale set forth herein.
|ARTICLE 2 : : AUTHOR OF THE OFFER|
|institutsaara.fr & institursaara.com are services of:|
APSARA s.a.r.l. au capital de 7 700 euros 3, rue de Bourbon le Château - 75006 Paris - France RCS Paris B 437 629 082
Publication Director : Madame Noushine AMIRI
|ARTICLE 3 : PRODUCTS AND BEAUTY CARE OFFERS|
The essential characteristics of the products presented on the APSARA - INSTITUTSAARA SITES as described on the product cards (qualitative and quantitative features) have been obtained from the manufacturers.
The company specifically reserves the right at any time to add new products, to remove some or all of the products sold or presented on the site catalogue, to change the presentation or to cancel the marketing of the same on their site without prior warning to the customer.
The photographs and reproduced texts contributing to the description of the products presented are not contractual. Consequently, APSARA - INSTITUTSAARA SITES cannot be held responsible in the event of an error in the photographs or the texts.
The products remain the sole property of APSARA - SITES INSTITUTSAARA until full payment is received.
Beauty treatment contracts :
Some of the treatments on offer rely on techniques aiming at remodelling the figure and last between 5 to 6 weeks. You are expected to pledge yourself to continue this treatment assiduously and rigorously, and we ask you to formally commit yourself to do this by signing an agreement at the time of the first stage of the treatment specifying the following points:
As regards your state of health, you formally testify that:
1°) You are not pregnant. (If you do become pregnant during the period of treatment, the beauty-care will be immediately suspended until 3 months after the birth).
2°) You do not have a pacemaker.
You do not suffer from osteoporosis.
You are not dependant on insulin.
You are not suffering from a hernia or a recent incisional hernia.
You have not undergone surgery in the last 6 months.
You do not have phlebitis.
In case of any doubt, we recommend to seek advice from your general practitioner who is fully competent to advise you.
3°)In the event of personal injury, the same rules apply as for pregnancy (postponement of the treatment).
Our methods are based on repetition, and compliance with the recommended work rhythm. Appointments must be strictly respected. Any possible cancellation should be made 24 hours in advance. You will be charged for appointments that have not been cancelled in time. If you are more than 10 minutes late, the session will be cancelled, and we will do our best to make another appointment as soon as reasonably possible.
Subscriptions are valid for one year dating from the first session. Payment for the treatment is made in advance. No refunds will be granted.
|ARTICLE 4 : PRICE AND INVOICING - TERMS OF PAYMENT|
|The prices of our products and services are stated in euros, VAT included, but do not include treatment costs or mailing. The delivery costs are indicated when the order is passed. Delivery is free for all orders over 60 euros. |
All orders placed on institutsaara.fr & institursaara.com regardless of their origin, are payable in Euros (€) corresponding to the price in the French currency (FF) calculated on to the following rate: 1 Euro = 6,55957 French francs (FF).
All orders placed on institursaara.fr & institutsaara.com regardless of their origin, are payable in Euros (€), and the equivalent in American dollars (US$) is indicated for your information.
APSARA - SITES INSTITUTSAARA reserves the right to modify prices at any time, but the products will be invoiced with the tariffs current at the time of the registration of the order, subject to availability.
All products remain the property of ASPARA - INSTITUTSAARA SITES until fully paid-for.
Payment methods :
Clients may use the following methods of payment:
· credit card: MasterCard, Visa, Carte Bleue
· · Secure on-line payment with a credit card is possible. The whole transaction is conducted in code and is sent to a banking validation server in SSL (Secure Socket Layer). Your credit card number is never kept on our site. So your purchases are made in total security.
When payment is made by credit card or debit card, the customer acknowledges, at the time of ordering, that by transmitting the number of the card, they are authorising ASPARA - INSTITUTSAARA SITES to debit their account for the products purchased. The customer is therefore authorising in advance, that their bank debit their account as soon as the registration or statement of purchase is transmitted by the company, even in the absence of an invoice signed by the holder of the card. The authorisation to debit the account of the customer is always given for the amount of the product purchased, and invoiced by the Company. The date that the card is debited depends on the conditions agreed upon by your bank.
· · When paying by cheque: Your order will be dispatched as soon as the cheque has been accepted by our bank.
Cheques must be made out to ASPARA - SITES INSTITUTSAARA and the order number clearly marked.
Any disagreement concerning the invoicing must be transmitted by letter or by e-mail within 10 days of the invoice date, after which time it is considered that the customer has accepted the invoice.
|ARTICLE 5 : ORDERING|
|By placing an order, the buyer unreservedly agrees to be bound by the current general terms and conditions of sale. Without formal written agreement from ASPARA - INSTITUTSAARA SITES, no order form can override the current general terms and conditions.|
Any contrary clause posed by the customer will therefore be, in the absence of definite agreement from ASPARA - INSTITUTSAARA SITES, invalid, regardless of the time it is made available to the latter.
The prices, volumes and quantities offered for sale are those shown on the customer's screen, or on the screen of the operator, for telephonic or fax orders. For technical reasons, the amount of each order placed through Internet must be between 15 € minimum and 460€ maximum.
Validation of order
When you click on the VALIDATE button after processing the order, you declare that you fully and unreservedly accept the entirety of the current General Terms and Conditions of Sale including all the prices, volumes and quantities.
Once the order has been placed, a detailed acknowledgement will be sent to your e-mail address. This acknowledgement is an acceptation of your order, and shows the exact invoiced amount and the delivery conditions.
ASPARA - INSTITUTSAARA SITES reserves the right to cancel all orders of a customer with whom they have litigation relative to the payment of a previous order.
The client must retain the order number that they have received.
Proof of order :
You accept that the data recorded by ASPARA - INSTITUTSAARA SITES constitutes proof of the nature and date of the transactions between institutsaara.fr & institursaara.com and its customers. The data recorded by the payment system constitutes proof of the financial transactions.
Modification of the order :
Only order modifications which arrive by electronic mail before the products have been dispatched can be taken into consideration by ASPARA - INSTITUTSAARA SITES<.
Orders for countries other than France :
For orders sent to a country other than continental France, you are the importer of the products concerned. For all products dispatched out of the European Union and the DOM-TOM, the prices mentioned remain subject to French VAT.
Custom duties or other local taxes or importation rights or state taxes may be payable.
These duties and amounts do not fall under the jurisdiction of ASPARA - INSTITUTSAARA SITES . They will be at your expense and, ASPARA - INSTITUTSAARA SITES can accept no responsibility, for either the declaration or the payment to the competent authorities of your country. We advise you to address any enquiries into these aspects to your local authority.
|ARTICLE 6 : DURATION OF THE OFFER AND AVAILABILITY|
Our sales offer is valid for all products in the electronic catalogue on the sites as long as these remain on line, subject to availability.
Packages, subscriptions and special offers :
The period of validity of the beauty treatment packages is one year, from the date of the first treatment received. The first treatment must take place within 3 months of the order date.
Our beauty treatment offers are proposed according to the schedules and treatment offered in our institutes.
Certain beauty treatments (shown on-line by an asterisk*), are available only at certain addresses, and we suggest that you enquire about the availability of this care in the Institute in which you wish to use.
For all on-line orders for beauty treatments and subscriptions, you must confirm the appointment(s) by telephoning the Institut Saara which you wish to use.
For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. The availability of these products is indicated at the time of placing an order. This information comes directly from our suppliers, and any errors or exceptional changes are outside our control. In the event of the unavailability of a product after an order has been passed you will be informed
- by e-mail
- by letter as soon as possible.
If a product is unavailable after an order has been made, you will be informed within 8 days as to the delivery delay. If you wish, you may ask to have your order changed.
APSARA - SITES INSTITUTSAARA
3, rue de Bourbon le Château
75006 Paris France
|ARTICLE 7 : DELIVERY|
|The products will be delivered to the address that you indicated when placing your order.|
Delivery charges are free for all orders over 115 dollars.
The delivery will generally be made within 5 or 6 days of reception of your order by ASPARA - SITES INSTITUTSAARA. This time period is non-contractual, and late delivery cannot be considered as the grounds for cancellation of an order, nor for any indemnities or penalties.
However, in Europe, delivery must be made within 30 days, or cancellation of the contract may ensue, with any sums paid being refunded to the customer.
The indicated delivery periods are estimations, and correspond to the time taken to process the orders and deliver the products to addresses in continental France and Monaco.
In the event of articles having different delivery dates owing to their availability, the delivery period is based on the longest time delay. In certain circumstances, ASPARA - SITES INSTITUTSAARA may decide to split the deliveries. Only the products that have been despatched will be debited. The participation towards costs for the processing and dispatch will be invoiced for just one delivery.
You will be e-mailed in the event of any unusual delay.
|ARTICLE 8 : RETRACTION TIME LIMIT|
|In accordance with the law of 6 January 1988, the customer has a deadline of seven days from delivery of their order to return the product intact, meaning unopened, unused, in its original packaging, in perfect condition and accompanied by all accessories such as the instruction leaflets and documentation to ASPARA - SITES INSTITUTSAARA.|
|ARTICLE 9 : RETURNING PRODUCTS|
|In the case of a technical anomaly of the product or a delivery made with an incorrect product reference, the client is responsible for the expense and risk incurred by returning the product. |
Technical anomalies or product reference errors must be communicated to ASPARA - SITES INSTITUTSAARA by e-mail within 7 days of the delivery date, indicating the Customer references, the number and date of the invoice, the Product reference, the quantity and the exact reason for the request.
APSARA - SITES INSTITUTSAARA reserves the right to refuse all returns that do not conform to the aforementioned conditions. No credit may be issued for a product received that is damaged or open, unless this condition has been confirmed in the return letter, and has been agreed upon by APSARA - SITES INSTITUTSAARA.
The acceptance of the returned product by the company ASPARA - SITES INSTITUTSAARA means that the client can choose to be refunded, to receive a credit note or to receive a free replacement of the product in question, but no indemnity can be considered.
|ARTICLE 10 : RESPONSIBILITY OF INSTITUT SAARA|
|The proposed products conform to current French legislation.|
ASPARA - SITES INSTITUTSAARA cannot be held responsible for non-observance of legislation of another country where the products have been delivered. It is up to you to check with your local authorities about the importation and use of the products or services that you wish to order.
APSARA - SITES INSTITUTSAARA cannot be held responsible in the event of a product being out of stock or unavailable, through force majeure events, disruption, any kind of strike, especially in postal, transport and communication services; also floods and fire.
APSARA - SITES INSTITUTSAARA cannot accept responsibility for indirect damage as a result of the hereunder, trading loss, profit loss, loss of possible earnings, damages or expenses.
Hypertext links can direct you to other sites. ASPARA - SITES INSTITUTSAARA takes no responsibility in the event that the contents of these sites contravene the current legal provisions, rules and legislation of the country in which you are situated.
No compensation will be due to a customer, for any damages, direct or indirect, whatever their cause, origin, nature or consequence, caused by anyone accessing the site, or being unable to gain access, by the use of the site and/or credit given to any information originating directly or indirectly from the site.
|ARTICLE 11 : OBLIGATION AND RESPONSIBILITY OF THE CUSTOMER|
|APSARA - SITES INSTITUTSAARA assigns a code number to their customers with their first order. This access code must be used for each order. |
The customer is responsible for the password issued by ASPARA - SITES INSTITUTSAARA. The customer is not authorised to dispose of, transfer or delegate the information such as the access code and password, to another person or corporate body, without written previous agreement from APSARA - SITES INSTITUTSAARA.
Clients must immediately report in writing any loss before being disengaged from their responsibility.
Non-observance by the customer of the points noted above and in particular any information released that is liable to generate a civil and/or penal liability gives ASPARA - SITES INSTITUTSAARA the right to stop without delay or prior warning, their services to the customer and to immediately terminate the contract, without prejudice to any claim of damages that ASPARA - SITES INSTITUTSAARA might pursue.
In these cases, the customer is responsible for paying all amounts due on the day of cancellation; the sums that have already been invoiced and paid will be deducted from these amounts.
|ARTICLE 12 :CONFIDENTIALITY - PERSONAL INFORMATION|
|APSARA - SITES INSTITUTSAARA undertakes never to divulge to a third party the information that you have given to them.|
Such information is confidential. It will only be used by the internal services for processing your order and for personalising commercial offers to clients of institutsaara.fr & institutsaara.com and in particular through newsletters to which you will be subscribed as well as in the personalisation of the site itself, according to your areas of interest.
However, when you access institutsaara.fr & institutsaara.com from certain partner sites of institutsaara.fr & institutsaara.com (and they are identified as such), your data may, in these circumstances only, be transmitted to them. If you don't want this to happen, please let us know at the address below.
In accordance with the law on data processing and personal liberties, of 6 January 1978, you have the right of access, correction and opposition concerning your personal data.
To do this, you simply have to make the request on-line or by mail indicating your surname, first name(s), address and if possible your customer reference number.
Email : firstname.lastname@example.org
Mailing address :
APSARA - SITES INSTITUTSAARA
3, rue de Bourbon le Château
|ARTICLE 13 : GUARANTEES|
|The customer is covered by a legal guarantee against latent defects in delivered products.|
If your product is not up to your expectations, there is no need for concern. Simply return it to us in its original packaging, and in perfect condition, within 10 days of reception. We undertake to either exchange the product or, if you wish, to refund you by cheque within 15 days after reception of the product.
Returns should be sent to the following address:
APSARA - SITES INSTITUTSAARA
3, rue de Bourbon le Château
|ARTICLE 14 : INTELLECTUAL PROPERTY RIGHTS|
|All texts, commentaries, works, illustrations and images reproduced on the APSARA- SITES INSTITUTSAARA SITES or of their suppliers are protected by copyright as well by intellectual property rights world-wide. For this reason and in accordance with the provisions of the Intellectual Property Code, use of anything in the sites is limited to private use, and is subject to different provisions that are even more restrictive than the intellectual property code. Any other use constitutes forgery and is sanctioned by the Intellectual Property Code unless previously authorised by APSARA-SITES INSTITUTSAARA. Any reproduction - total or partial - of the APSARA-SITES INSTITUTSAARA catalogue is strictly prohibited.|
The institutsaara.fr & institutsaara.com sites are recognised by the customer as intellectual work and they and their personnel are forbidden to carry out the following:
. · To copy or reproduce all or part of the software and/or the documentation by any means and in any form.
. · To translate or transcribe the software and/or the documentation in any other kind of language, or to adapt or associate them to any object that does not conform to their specification.
Neither does the customer acquire any right to the brand name Institut Saara. No party acquires the rights to the intellectual property on the databases of the other one or to its brands, concepts, screens, graphics or software.
The customer consequently declares full acceptation of all legal obligations ensuing from the property of the services of APSARA - SITES INSTITUTSAARA.
|ARTICLE 15 : APPLICABLE LAW - FORUM|
|The present contract shall be governed by and construed in accordance with French law.|
The language of the present contact is English.
In the event of litigation, the parties expressly submit to the jurisdiction of the competent French courts.
In the event of a dispute arising out of or in relation to the execution or interpretation of the sales contract, and possibly if amicable settlement becomes impossible, disputes shall be brought in the competent jurisdiction of Paris, notwithstanding plurality of defendants or third-party complaint.
|ARTICLE 16 : APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE|
|In the event that APSARA-SITES INSTITUTSAARA does not, at a particular time, choose to implement any one of the present general conditions and/or that the other party does not respect any one of the obligations in the present general terms and conditions is not to be construed as a waver by APSARA-SITES INSTITUTSAARA to avail itself of the rights pursuant to one of the aforementioned conditions.|
If any one of the provisions of the present General Terms and Conditions of Sale is declared wholly or partly null and void, the other provisions remain unchanged and will remain applicable
The parties agree that APSARA-SITES INSTITUTSAARA has the right to change its services without any formality apart from informing the customer with an on-line warning and/or amending the general conditions on-line to take account of the changes.
The new general terms and conditions of sale will, if necessary, be made available to the customer and will be applicable only to subsequent sales. http://www.institutsaara.fr " ou " http://www.institutsaara.com " and an e-mail will be sent to customers.
|ARTICLE 17 : CUSTOMER SERVICE|
|For all information or questions, our Customer service is available from Monday to Saturday, from 9:00 to 19:30.|
Telephone : 01 55 42 61 51
Fax : : 01 55 42 61 55
international : + 33 1 55 42 61 51
APSARA - INSTITUT SAARA
3, rue de Bourbon le Château
e-mail : email@example.com