General terms and conditions of sale for the website www.clarte-laboratoire.com

CLARTE LABORATOIRE invites users and customers of the site to consult the Personal Data Protection Policy for more information on the use that may be made of cookies and the processing of their personal data.

These general terms and conditions of sale and the contractual relationship between CLARTE LABORATOIRE and the Customer are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action.

Article 1 – Purpose of the general terms and conditions of sale

Governed by Articles L. 441-6 of the French Commercial Code and L. 111-1 of the French Consumer Code, these general terms and conditions of sale (hereinafter "GTC") apply to all sales made by the Seller for the products offered on the website (hereinafter "Product") to consumer customers, i.e., natural persons not acting within the scope of a professional activity, aged at least 18, and possessing legal capacity (hereinafter "Customer" or "Buyer"). The Seller cannot, under any circumstances, be required to verify the legal capacity of its Customers.

These GTC define the conditions under which Customers can place orders for products and manage the relationship between the Seller and the Customer by determining the rights and obligations of each party.

The act of ordering a Product offered for sale on the Site implies the full and unreserved acceptance of these GTC, which the Customer acknowledges having read prior to their order. This acceptance is confirmed by a checkbox during the ordering process.

These GTC and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationship between the Parties. In the event of any contradiction between these documents, the GTC shall prevail.

Article 2 – Definitions

• Seller: CLARTE LABORATOIRE
• Samples: designates all items provided free of charge and for promotional purposes to the Customer in the context of an Order.
• Products: all products marketed by the Seller on its Site.
• Site: the Seller's website accessible at the address www.clarte-laboratoire.com
• Member(s): any Internet user who has provided personal data on the Site's registration form and who, after receiving a confirmation email, has definitively validated their CLARTE LABORATOIRE account.
• Customer(s): an actual purchaser of goods or services offered by the Seller.
• User: designates any natural or legal person accessing the Site, whether they are a Customer or not.
• Order: designates the process consisting of the Customer selecting Products, purchasing them, and having them delivered.

All legal provisions cited in these GTC originate from French law.

Article 3 – Geographical scope

All Product offers on the Site are limited to the European Union (excluding overseas territories), Switzerland, and the United Kingdom.

Article 4 – The Products

For any questions regarding the Products and their use, any additional questions, or requests for advice, the Customer may contact Customer Service (see Article 18.1).

4.1 - Use of Products or Samples

All products or samples are intended solely for the Customer's personal use. Consequently, they may not be offered for sale by the latter. The purchase of Products on the Site for the purpose of resale is strictly prohibited.

4.2 - Description of Products marketed on the Site

In accordance with Article L.111-1 of the Consumer Code, the Customer may, prior to their order, learn about the essential characteristics of the Products they wish to order on the website.

Information regarding the essential characteristics of the Products and their prices is available in a visible and understandable manner within each Product sheet appearing on the Site. The Customer declares having read this information before placing an order.

The Products offered for sale are photographed, described, and presented with the greatest possible accuracy. However, any differences that may exist between the Products and their photographs, particularly in terms of color, shall not constitute grounds for cancellation of the sales contract or hold the Seller liable in any way under the meaning of Article L111-1 of the Consumer Code. The photo associated with the description is not contractually binding.

4.3 - Product availability

Only the Products presented on the Site on the day of the Customer's order are available for sale online and can be purchased.

However, if the purchased Product becomes unavailable, temporarily or permanently, after the order has been validated, the Seller undertakes to inform the Customer within 72 (seventy-two) working hours from the validation of the order components. The Seller will then proceed with the refund of the product according to the following terms:

• If the Product that has become unavailable was the only item in the order, the Seller will refund the Customer the full amount of the order, including shipping costs.
• If the Product that has become unavailable represented only part of the ordered Products, the Seller will refund the Customer the price of the unavailable Product, excluding shipping costs, if applicable, given the fixed nature of these costs.

The refund of the concerned amount will be made within 30 days of the payment of the sums paid, using the same payment method used for the order payment.

In the event of an Order cancellation due to total unavailability of Products, the Customer's bank account will not be debited.

Article 5 - Product prices

5.1 - Price composition

Product prices are those indicated in Euros including all taxes on the Site on the day the order is placed. They take into account any reductions as well as the VAT applicable on the day of the order. The prices indicated do not include processing and delivery fees, which will be charged in addition.

They are guaranteed subject to an obvious typographical or printing error.

The price including all taxes for each product is indicated in the corresponding product sheet. The shipping costs for the Member's order will be indicated to them before the final validation of the order.

The Seller reserves the right to modify its prices at any time. However, products will be invoiced on the basis of the rates in force at the time the orders are recorded.

5.2 - Consequences of non-payment

Failure by the Customer to comply with the obligations subscribed to under these GTC, and in particular regarding any payment incident for an order, may lead to the suspension of access to the Site's service, or even the termination of their Member Account depending on the severity of the actions in question, without prejudice to any damages that the Seller might seek. Consequently, the Seller reserves the right to refuse any order from a Member with whom such a dispute exists.

Article 6 – Order placement process

The User can learn about the various Products offered for sale by the Seller on its Site.

By placing an Order, the Customer declares and guarantees that they are a bona fide end Customer and User making a purchase for their own use or the personal use of a third party, and that they are not reselling, selling, or otherwise distributing the Products, nor purchasing the Products or services for commercial purposes.

6.1 - Customer identification

To enter an order, the Customer must first connect to the Site.

If the Customer does not have an account, they must create one to place an order. To do so, the Customer must fill out a personal data collection form by providing the mandatory fields: title, last name, first name, postal address, email address, telephone number (landline or mobile), and a personal password. This account creation is possible prior to placing an order by clicking on the "create an account" section or during the ordering process when authentication is required. The Customer undertakes to complete the form made available to them in good faith.

This personal information is accessible to the Customer in the "My account" section and allows them, for subsequent orders, not to have to fill in the identification information required for any order placement again. It is recalled that this personal data is governed by the Personal Data Policy.

No order can be validated if the Customer has not previously completed all mandatory fields of the identification form or if the Customer has not authenticated themselves via their existing customer account.

6.2 - Order establishment

The Customer interested in one or more Product(s) presented on the Site must follow the following process to establish an Order:

• Add selected Product(s) to the basket. Access to the basket is possible at any time until payment;
• Customer identification;
• Choice of delivery method after the Customer has been able to see the corresponding shipping costs;
• Unrestricted and unconditional adherence to these GTC and the Privacy Policy. These two documents are brought to the Customer's attention prior to any Order.

6.3 - Order confirmation

By clicking on the "Order and pay" button during the order process, and after having verified the content of the order in their "Basket", and modifying it if necessary, the Member declares to fully and unreservedly accept all of these GTC. After having confirmed the content of their order, the Member will definitively validate it through payment. The order will only be definitive once the corresponding price has been paid.

Once the payment is validated, the Seller systematically confirms the receipt of the Customer's order directly on the web page. An email containing the paid invoice corresponding to the purchases made is also sent to the Customer's inbox. It is this email that triggers the preparation of the order.

The Seller reserves the right not to process the order in the event that a dispute between the Seller and the Customer regarding one or more previous orders is ongoing.

6.4 - Order tracking and archiving

The Customer will have the possibility to consult the summary as well as the tracking of their order at any time by connecting to the Site, in the "My Account / Order History" section. The invoice, once issued, will also be viewable under this section.

6.5 - Proof of order

The order confirmation email and the invoice serve as proof of the Order placement between the Seller and the Customer.

Article 7 - Retention of title

The Seller retains full and complete ownership of the sold Products until the price has been fully collected, in principal, including fees and taxes.

Article 8 - Order payment

The amount due by the Buyer is the amount indicated on the order confirmation as displayed on the internet page dedicated to this purpose and then sent by email by the Seller to the Buyer.

Payment is made exclusively by bank card (Visa or MasterCard).

The Buyer must provide the Site, at the time of their order, with the information regarding their bank card that will be requested (card number, expiration date, security code on the back of the card).

The Member guarantees that they are fully authorized to use the bank card for the payment of their order and that this payment method provides access to sufficient funds to cover all costs resulting from the use of the www.clarte-laboratoire.com services.

Article 9 - Payment security

The Seller uses the BNP Paribas secure payment system. This secure payment system incorporates the SSL security protocol, version 3. Confidential data (the 16-digit bank card number as well as the expiration date) is directly transmitted encrypted to the BNP Paribas server without passing through the physical media of the Seller's server.

When the order is validated, the payment request is transmitted in real time to the BNP Paribas secure remote payment manager. The latter sends an authorization request to the bank card network. The remote payment manager issues an electronic certificate. The Seller checks all orders that have been validated on the Site by the Customer. These checks aim to protect the Seller and its Customers from abusive practices operated by fraudsters.

Providing one's card number online and the final validation of the order will serve as proof of the validation of the order by the Customer and of the exigibility of the sums due in execution of said order.

The occurrence of an unpaid bill due to fraudulent use of a bank card will lead to the registration of the person whose contact details appear on the order form associated with this unpaid bill in a payment incident file. An irregular declaration or anomaly may also be subject to specific processing.

The information provided in the order form is subject to automated data processing. The purpose of this automated data processing is to define a transaction analysis level and combat bank card fraud.

Article 10 - Delivery

10.1 - Carrier

Ordered Products will be delivered by the "Colissimo" or "Mondial Relay" service (hereinafter "Carrier") to the address provided when the order was placed.

10.2 - Delivery time

It is recalled that an order is only shipped once it has been processed and payment has been confirmed.

From the time of order processing, the corresponding Products are shipped and delivered by the Carrier within the usual timeframes of 28 to 72 hours, except in cases of force majeure.

The Customer is invited to regularly check the tracking of their order in the "My Account" section, then "My Order".

10.3 - Delay/non-delivery

In the event of a delivery delay (exceeding the indicated delivery time or, failing that, the maximum delivery time of thirty (30) days after order validation), the Customer must report this delay to the Seller's Customer Service as soon as possible so that the latter can conduct an investigation with the Carrier.

If during this investigation the order is found, it is immediately forwarded to the delivery location designated in the order. However, if at the end of this investigation the loss of the order is confirmed, the Seller will reship the Product(s) to the Customer or, in the event of permanent unavailability, will refund the total amount paid by the Customer, using the payment method used.

In any event, in the event of a delivery delay of more than ten (10) working days from the Buyer's email reporting the delay, not due to force majeure, the Buyer has the option to cancel their order with Customer Service. If the Buyer exercises this right of cancellation, the order price will not be collected by the Seller or will be refunded if the sums have already been collected. The refund is made using the payment method used within a maximum of fourteen (14) days from the receipt of the cancellation, to the exclusion of any other compensation.

10.4 – Delivery pricing

10.4.1 - Free delivery under conditions

Shipping costs are covered by the Seller for any order placed in Metropolitan France.

10.4.2 – Delivery choice and costs

For Metropolitan France, the Customer has the choice between several delivery methods, for which costs and timeframes vary:

• Colissimo – Tracked home delivery (in mailbox) within 48 to 72 working hours - free from €100 of purchases, otherwise €4.90
• Mondial Relay – Delivery to a relay point within 3 to 5 days - free from €100 of purchases, otherwise €4.90

For Europe and the UK, home delivery with Colissimo - free from €120 of purchases, otherwise costs vary depending on the country.

Article 11 - Right of withdrawal

11.1 - Principle

The Customer has a period of 14 (fourteen) clear days to withdraw, without having to justify their decision or pay penalties (with the exception of return costs which are at their expense), from the date of receipt of the Product ordered on the Site.

In accordance with Article L.221-19 of the Consumer Code:

• the day of receipt of the Product is not included in the 14 (fourteen) day period;
• the period begins at the start of the first hour of the first day and ends at the expiration of the last hour of the last day of the period;
• if the period expires on a Saturday, Sunday, or a public or non-working holiday, it is extended until the following business day.

11.2 - Exclusion of the right of withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the Customer is informed that this right of withdrawal cannot be exercised for Orders concerning, in particular, the supply of goods that have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.

Consequently, the Customer has no right of withdrawal for this type of product.

These provisions apply without prejudice to the guarantees provided for in Article 14 of these General Terms and Conditions of Sale, which remain fully applicable.

11.3 – Withdrawal procedure

11.3.1 - Notification

To exercise the right of withdrawal, the Customer must first notify their decision to withdraw, by providing their order number, by choosing one of the following methods:

• By means of an email sent to the following address: contact@clarte-laboratoire.com.

From this notification, you have 14 days to return the products (hereinafter "Shipment Date") to the Seller.

Withdrawal form:

For the attention of: Clarté Laboratoire, INEDI 5 22 ALLEE CAMILLE MUFFAT 06200 NICE, France

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods below:

Ordered on (*)/received on (*) :
Name of the Customer(s) :
Address of the Customer(s) :
Signature of the Customer(s) (only in case of notification of this form on paper)
Date :

(*) Delete as appropriate.

11.3.2 - Return of Products

The return of the Products subject to withdrawal following the Customer's communication of their decision to withdraw is carried out by returning the complete, unused Product(s) to the Seller, in their intact original packaging, and where possible accompanied by their original packaging, as well as the return slip and a copy of the invoice, without undue delay and at the latest within fourteen (14) days following the communication by the Buyer of their decision to withdraw.

Return costs are borne by the Customer.

Product returns must be sent to:

Clarté Laboratoire chez DSL
16 Chemin de la Glacière
06200 NICE – France

Article 12 - Intellectual property

The Seller owns the rights to this Site and all elements, trademarks, logos, illustrations, texts, sound elements, etc., appearing on it.

The Seller grants no license or right other than the right to access and consult this Site.

The reproduction or use of all or part of the Site is authorized only for strictly personal and private information purposes. Any other use carried out without the prior written authorization of the Seller shall constitute an infringement and may be sanctioned as such within the meaning of Article L335-2 of the Intellectual Property Code.

Any use of data or information from the Site must mention the Seller as the source of information and is strictly subject to obtaining prior formal written authorization from the Seller.

The Seller will use all legal means to guarantee the protection of its intellectual and/or industrial property rights, including any civil and/or criminal proceedings.

Article 13 – Limitation of liability

Generally, the Seller's liability under the obligations of these General Terms and Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the Customer's fault, or to the occurrence of a force majeure event as defined by the French courts, or to any other event that was not reasonably under the exclusive control of the Seller.

The Seller's liability cannot be engaged for any inconvenience or damage inherent in the use of the Internet, which are completely outside the diligence and precautions taken by the Seller. In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses cannot engage the Seller's liability (e.g., site interruption, bugs, any damage resulting from a fraudulent intrusion by a third party leading to a modification of the information made available on the Site, etc.).

Article 14 - Legal guarantees

The Products marketed on the Site are subject to the warranty conditions provided for by French law.

14.1 - Legal guarantee of conformity

When purchasing a Product, the Customer benefits from a legal guarantee of conformity. This is a warranty against all manufacturing defects at the time of purchase or delivery of a product. Its regime is provided for in Articles L217-3 to L217-20 of the Consumer Code.

In this sense, the Customer:

• benefits from a period of two years from the delivery of the goods to act;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for by Article L. 211-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods;
• the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Any reservations that the Customer intends to make regarding the condition of the delivered Products (non-conformity, manufacturing defect, transport damage, etc.) must be mentioned on the delivery slip. In the absence of a mention on the delivery slip, the Seller may demonstrate that the lack of conformity did not exist at the time of the sale.

The guarantee is excluded for any deterioration resulting from causes external to the intrinsic qualities of the Products, such as those resulting from abnormal use (excessive load, humidity or heating, etc.) or from the Customer's action (transport). The guarantee is also excluded for defects that the Customer knew about and could not ignore when they entered into the contract.

For any complaint, the Customer can contact the Seller at the following address: contact@clarte-laboratoire.com.

14.2 - Legal guarantee against hidden defects

The Customer may decide to implement the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code and, in this case, may choose between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. In accordance with the provisions of Articles 1641 et seq. of the Civil Code, the Seller guarantees the Customer against all damaging consequences of defects and hidden flaws that the sold Products might reveal, provided that they are reported without delay and in any event no later than two years from the discovery of the defect.

Upon delivery of the order, the Customer is required to check the Products. The Seller will not be liable for defects that the Customer could have detected themselves after an apparent examination of the sold Product. All deteriorations, including aesthetic ones, resulting from hidden defects or flaws that appear during use and of which the Customer could not have been aware at the time of delivery are covered by the guarantee, provided that they render the item unfit for the use for which it was intended, or diminish this use to such an extent that the customer would not have acquired it, or would only have paid a lower price for it, had they known about them.

However, the guarantee is excluded for any deterioration resulting from causes external to the intrinsic qualities of the Products, such as those resulting from abnormal use (excessive load, humidity or heating, etc.) or from the Customer's action (transport).

In any case, the Customer must provide proof of the existence of the hidden defect on the day of delivery.

Article 15 - Personal data

The Seller implements processing of personal data to enable it to ensure management, invoicing, customer file tracking, and prospecting.

In application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Articles 38 to 40 of Law No. 78-17 of 6 January 1978, as amended, relating to data processing, files, and freedoms, you have the right to access, rectify, limit, oppose, erase, and port your personal data.

You also have the right to formulate general or specific directives regarding the storage, deletion, and communication of your personal data after your death in accordance with Article 40 II of Law 78-17 of 6 January 1978. For more information, you can consult the Privacy Policy.

To this end, you can make changes by accessing your Account when you have created one. You may also send any request accompanied by a copy of an identity document to the Seller:

By mail to the following address:

CLARTE LABORATOIRE,
INEDI 5 22 ALLEE CAMILLE MUFFAT
06200 NICE
France

Or by e-mail to the following address: contact@clarte-laboratoire.com

Article 16 - Modification of the GCS

The GCS in force can be consulted at any time under the "General Terms and Conditions of Sale" section accessible via all pages of the Site. The Seller may update these GCS at any time. Such an update will be subject to specific prior notification on the Site.

Article 17 - Customer reviews

The Seller allows its Customers to share their appreciation of the Products marketed on the Site by publishing reviews, advice, tips, suggestions, information, recommendations, and by assigning them a rating ("Reviews"). These Reviews are accessible to all Site Users in the section dedicated to them on the Site. These reviews and recommendations can in no way constitute a contractual element on the part of the Seller.

Article 18 - Complaint, mediation, and litigation

18.1 - Complaints

All complaints must be addressed to the Seller's customer service at the following e-mail address: contact@clarte-laboratoire.com

Furthermore, for any complaint or question regarding an order, the Customer can contact the Seller's customer service by going to the "Contact Customer Service" section or by phone:

Phone number: +33 (0)4 22 45 21 44

Advisors are at the Customer's disposal from Monday to Friday, from 9:00 AM to 12:30 PM and from 2:00 PM to 6:00 PM. Only complaints relating to the online sale of Products on the Site will be taken into account by the Seller's services.

18.2 – Litigation: applicable law and jurisdiction

These GCS and the contractual relations between the Customer and the Seller are subject to French law.

Any dispute relating to the existence, interpretation, performance, or termination of a contract concluded between the Customer and the Seller, even in the case of multiple defendants, will be brought before the commercial court of the Seller's registered office.