Laboratoire Garancia sells the products on its website remotely to retail and end consumers only. Any Order that does not clearly correspond to a retail sale and, more generally, any Order that is fraudulent or suspected as such, will be considered null and void by Laboratoire Garancia. The purchaser, prior to his/her Order, confirms that the remote purchase of products from the website is not directly connected with a professional activity and is strictly for personal use. For the purposes of these Terms & Conditions of Sale, the purchaser and Laboratoire Garancia are individually or collectively referred to as the Party or Parties.
Article 1 - Purpose
These Terms & Conditions of Sale (hereinafter "TCS") are intended, firstly, to inform any potential Purchaser of the conditions and methods by which the seller (hereinafter "LABORATOIRE GARANCIA" or the "Seller") conducts the sale and delivery of products ordered, and secondly, to define the rights and obligations of the Parties in connection with the sale of LABORATOIRE GARANCIA products to the consumer (heretofore and hereinafter "the Purchaser"). They apply, without restriction or reservation, to all sales of products offered by LABORATOIRE GARANCIA through its Website www.garancia-beauty.com.
Consequently, the act for the Purchaser of ordering a product offered for sale on LABORATOIRE GARANCIA’s Website implies full and complete acceptance of these Terms and Conditions of Sale which the Purchaser acknowledges having read prior to his/her Order.
LABORATOIRE GARANCIA reserves the right to modify these Terms & Conditions of Sale at any time. Nonetheless, the Terms & Conditions of Sale applicable to the Order are those accepted by the Purchaser at the point when he/she places the Order.
These Terms & Conditions of Sale (hereinafter "TCS" or "Terms & Conditions of Sale") are supplemented by the General Conditions of Use of the Website and the "Personal Data & Cookies" charter.
Article 2 - Company Identity
Name: LABORATOIRE GARANCIA
Intra-community VAT No.: FR 75 479752321
Registered with the Paris RCS (Trade and Companies Register) under number B 479 752 321 00048 SIRET: 479 752 321 00055
Head Office: 10, Avenue du Recteur Poincaré 75016 Paris
For all claims, a "PRODUCTS" After-Sales Service is available to the PURCHASER:
Phone: LABORATOIRE GARANCIA Customer Services, 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
Post: SUIVI COMMANDE E-BOUTIQUE LABORATOIRE GARANCIA, 10 Avenue du Recteur Poincaré 75016 Paris
Article 3 - Contracts and Orders
Prices of products sold online on the LABORATOIRE GARANCIA Website, quoted in euros, are those in effect at the time the Purchaser places his/her Order. Product prices may be changed by LABORATOIRE GARANCIA at any time. The Purchaser will be notified of any such modification before ordering. Prices are applicable to distance selling.
Prices do not include delivery charges, which will be invoiced in addition to the price of the products purchased. Delivery charges will be indicated before the Purchaser’s Order is confirmed. Various delivery options are detailed below in the TCS and also appear on the Website; they can be altered at any time by LABORATOIRE GARANCIA. Also, LABORATOIRE GARANCIA recommends that all Purchasers consult the TCS on the Website on a regular basis.
Prices include value added tax (VAT) applicable on the date the Order is placed. Any change in the applicable rate of VAT will be automatically reflected in the price of the products sold by LABORATOIRE GARANCIA on its Website.
3.2 Product characteristics
3.2.1 General provisions
The Purchaser can select one or more products from among the different categories featured on the LABORATOIRE GARANCIA Website.
LABORATOIRE GARANCIA may alter the choice of products presented for sale on its Website at any time, especially if this relates to constraints connected to its suppliers, without prejudice to Orders placed by the Purchaser.
In accordance with Article L. 111-1 of the French Consumer Code, the Purchaser can read about the key characteristics of the product(s) he/she wishes to order, prior to placing his/her Order, by consulting the LABORATOIRE GARANCIA Website.
Products comply with current French legislation. LABORATOIRE GARANCIA cannot be held liable in the event of failure to respect the legislation in the country where the product is delivered (e.g. a product may be prohibited). It is the responsibility of the Purchaser to check with the local authorities in the country of delivery with regard to any restrictions that may apply to importing or using the products and services he/she intends to order.
LABORATOIRE GARANCIA cannot guarantee that the information given on product packaging is translated into all the languages of the European Union. However, this information will be made available in French and/or English as a minimum.
For any question relating to the products and their use, any additional question or request for advice, the Purchaser can contact LABORATOIRE GARANCIA’s Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad), during opening hours of the service indicated in the "Contact us" section of the LABORATOIRE GARANCIA Website.
The Purchaser can also go to physical sales outlets (Pharmacies, Drug Stores and Sephora) to get personalised advice and test the products offered for sale on the LABORATOIRE GARANCIA website.
LABORATOIRE GARANCIA offers are valid as long as they appear on the Website and while stocks last.
In all cases, and where one or more products are unavailable after the Order has been placed, the Purchaser will be informed by email as soon as possible of the unavailability of the product and the total or partial cancellation of his/her Order.
In the event that the entire Order is cancelled:
- The Purchaser’s Order will be automatically cancelled and his/her bank account will not be debited.
- LABORATOIRE GARANCIA’s Customer Services will contact the Purchaser to inform him/her that his/her Order has been cancelled and ask whether he/she would like to make a new Order, excluding the unavailable product.
In the event that the Order is cancelled in part:
- The Purchaser’s Order will be confirmed and his/her bank account will be debited for the full Order amount,
- The available products will be delivered to the Purchaser;
- The Purchaser will be refunded the amount that the unavailable product costs as quickly as possible, and at the latest within 30 days of him/her having made the payment.
Any Order implies the acceptance of these Terms & Conditions of Sale, General Conditions of Use and the "Personal Data & Cookies" charter without prejudice to specific contractual terms agreed between the Parties.
Before confirming the Order, the Purchaser can check the details of his/her Order and correct any potential errors.
The remote sales contract is concluded from the moment the Purchaser confirms his/her Order by clicking on the "Confirm your payment" or "Confirm your basket" icon (hereinafter and heretofore "the Order"). He/she is considered to have knowingly accepted the content and conditions of the Order in question, and in particular these Terms & Conditions of Sale, the fact that his/her Order implies an obligation to pay on his/her part, the prices, volumes, characteristics, quantities and delivery times of products offered for sale and ordered by the Purchaser.
Once this step has been validated, the Purchaser can no longer cancel his/her Order. The sale will be final (subject to the exercise by the Purchaser of his/her right of withdrawal under the conditions provided for in Article 6 of these Terms & Conditions of Sale). The Order will be confirmed to the Purchaser by any appropriate means (the "Order Confirmation") and an email will be sent to him/her upon despatch of his/her Order.
LABORATOIRE GARANCIA recommends that the Purchaser keeps these emails either electronically or as printed copies. The Purchaser is informed that the emails are sent to the email address provided by the Purchaser. Also, in the event of an error when entering the relevant email address, or of non-receipt of the Order confirmation message, Laboratoire Garancia cannot be held responsible. In this case, the sale will be considered final, except for cases of cancellation of the Order by Laboratoire Garancia, in particular due to unavailability of products. However, the Purchaser can exercise his/her right of withdrawal in accordance with the conditions set out in Article 6 of these Terms & Conditions of Sale.
LABORATOIRE GARANCIA will then have the right to bank the total amount of the Order:
- For payments made by Laboratoire Garancia Gift Cards and/or purchase vouchers: upon confirmation of the Order;
- For payments made by other payment methods accepted on the Website in accordance with article 4.1 below: upon sending of the email informing the Purchaser of the dispatch of his/her Order.
Remember that purchases made on the Website are reserved for non-professional private customers for their own use (or for gifts within their family circle), which is why LABORATOIRE GARANCIA only sells its products in quantities corresponding to the normal average needs of a household. In accordance with Article L121-11 of the Consumer Code, LABORATOIRE GARANCIA reserves the right to refuse or cancel for a legitimate reason any Order where the number of products or the amount to be paid (for one or more orders cumulated) would not correspond to the usual average use of a household, any Order that would suggest that an economic activity is being carried out by the Purchaser in relation to the products ordered, or more generally, any abnormal Order within the meaning of the applicable jurisprudence in the matter.
Finally, LABORATOIRE GARANCIA reserves the right to suspend or cancel the processing of any Order and/or delivery, whatever its nature and state of progress, in the event of non-payment or partial payment of any sum owed by the Purchaser, a payment incident, fraud or attempted fraud relating to the use of the LABORATOIRE GARANCIA Website, including when the Purchaser has made previous Orders.
Article 4 – Payment
The Purchaser can pay for the Order on the Website or by telephone under the conditions set out below. The Purchaser guarantees LABORATOIRE GARANCIA that he/she has the necessary authorisations to use the method of payment chosen for his/her Order, when registering the Order.
The Purchaser can pay for the Order on the Website under the conditions set out below.
4.1.1 Bank cards
The bank cards accepted on the Website are as follows: Carte Bleue, Visa, American Express and Master Card. These payment cards must be issued by a banking or financial institution located in the European Union or Monaco.
4.1.2 Laboratoire Garancia gift cards
Laboratoire Garancia gift cards may be used on the Website, on one or more occasions, up to their credit amount at the time of an Order, possibly supplemented by another means of payment accepted by LABORATOIRE GARANCIA (excluding Paypal). Only one Gift Card is accepted per Order.
A gift card cannot be used to purchase other gift cards.
The Purchaser may use his/her PayPal account to pay for Orders on the Website. This method of payment may not be combined with the use of a Gift Card from Laboratoire Garancia.
4.2 Paying by phone (via Customer Services)
In case of difficulties, the Purchaser may also pay for the Order using one of the means of payment referred to above, with LABORATOIRE GARANCIA’s Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
4.4 Payment methods
Any Order requires payment. These Orders are payable in euros, all taxes and mandatory contributions included. Any bank charges remain the responsibility of the Purchaser (including in the case of a refund).
Fees of an amount equal to the legal interest rate may, at the discretion of Laboratoire Garancia, be automatically applied to any unpaid amounts after a period of ten days from the date of the Order or upon notification of the rejection of a bank payment.
LABORATOIRE GARANCIA reserves the right to suspend or cancel the processing of any Order and/or delivery, whatever its nature and state of progress, in the event of non-payment or partial payment of any sum owed by the Purchaser, a payment incident, fraud or attempted fraud relating to the use of the LABORATOIRE GARANCIA Website, including when the Purchaser has made previous Orders.
4.5 Security of payment transactions
In order to ensure the security of bank card payments on the Website, the Purchaser must send LABORATOIRE GARANCIA the visual cryptogram (CVV) on the back of the bank card used by the Purchaser.
As part of the fight against Internet fraud, information relating to the Purchaser’s Order may be transmitted to any third party authorised by law or designated by LABORATOIRE GARANCIA for the sole purpose of verifying the Purchaser’s identity, the validity of the Order, the method of payment used and the planned delivery.
Following this control, LABORATOIRE GARANCIA reserves the right to request a photocopy of the Purchaser’s identity card and/or any information relating to the Purchaser’s identity. All Purchasers have the right to access, rectify and delete personal data about them processed by Laboratoire Garancia under the conditions set out in Article 2 of the "Personal Data & Cookies" charter.
LABORATOIRE GARANCIA uses a secure payment tool called "System Pay". Payment security relies on the authentication of the Purchaser, and the confidentiality of all data. To ensure this security, System Pay uses proven cryptography techniques and respects the different banking regulations applicable in France.
Article 5 - Delivery and Receipt
5.1 General rules
Products ordered by the Purchaser in accordance with these TCS will be delivered to the address indicated by the Purchaser as delivery address for the relevant Order ("Delivery address").
LABORATOIRE GARANCIA delivers worldwide.
LABORATOIRE GARANCIA delivers to all the countries of the European Union, except Cyprus and Malta, and also delivers to Monaco and Andorra. However, EU territories outside the geographical area of Europe are not covered (eg: French overseas departments and territories).
The following territories are excluded from delivery in the European Union: Azores, Aland, Ahvenanmaa, Busingen, Campione d'Italia, Ceuta, Melilla, Faroe Islands, Greenland, Helogoland, Livigno, Lake Lugano, Madeira, Mount Athos, Vatican.
Purchase invoices are sent by email to the email address indicated by the Purchaser when registering on the LABORATOIRE GARANCIA Website.
5.2 Characteristics of the Website’s delivery modes
The delivery methods listed below are not offered for all products, so it may happen that a certain delivery method, including pick-up in-store, is not available to the Purchaser as part of his/her Order.
5.2.1 Delivery methods for mainland France, Corsica, Monaco and Andorra
(i) Colissimo delivery
The package containing the products ordered and paid for is deposited in the letter box at the Delivery Address.
Should the letter box be of insufficient size, the parcel is delivered at home and given either to the Purchaser or to the recipient of the Order, or, at the discretion of the postal service, to another person, in particular any person attached to his/her service, staying with him/her, specially mandated, provided with a power of attorney or to an identified third party.
Where the package could not be delivered for the reasons mentioned above (insufficient size of the letter box and/or absence of the recipient), the Purchaser or the recipient of the Order receives a visiting card, allowing him/her to pick up the parcel at the post office indicated on the visiting card, within a period of 14 days.
Beyond this deadline, the package is returned to the sender. In this case, the Purchaser will be refunded the amount of the Order, less despatch costs, by any means, at the choice of LABORATOIRE GARANCIA.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the computer system (scanning) of the French postal service.
(ii) Delivery via Point Relais by Mondial Relay
The parcel containing products which have been ordered and paid for is dropped off at the Point Relais selected by the Purchaser when making his/her Order, or at the substitution pick-up point in case of temporary or permanent closure of the latter.
The Purchaser of the Order receives an email allowing him/her to pick up the parcel at the Point Relais indicated in the email within a period of 15 days from receipt of the LABORATOIRE GARANCIA email. Collection at Point Relais is only possible upon presentation of the aforementioned email and the Purchaser’s identity document.
Beyond this deadline, the package is returned to the sender. In this case, the Purchaser will be refunded the amount of the Order, less despatch costs, by any means, at the choice of LABORATOIRE GARANCIA.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the Point Relais register.
5.2.2 Delivery methods for the other countries mentioned in article 5.1
Please note, LABORATOIRE GARANCIA reserves the right to change international carrier if it deems necessary. It is understood that this choice by LABORATOIRE GARANCIA will be of no consequence for the Purchaser.
(i) Delivery by UPS and IMX
Upon delivery, the Purchaser or the recipient of the Order receives their delivery from an agent of the company UPS or IMX and electronically signs an acknowledgment of receipt. This electronic acknowledgment of receipt is proof of delivery by LABORATOIRE GARANCIA, and receipt by the Purchaser or the recipient of the Order, of the products ordered.
In its absence, the Purchaser or recipient of the products ordered receives a calling card, allowing him/her to contact the carrier using the details indicated on the calling card to agree another delivery day. UPS or IMX reserves the right to deliver to anyone appearing to have authority to accept delivery of the consignment on behalf of the recipient (such as a person in the same premises as the recipient or neighbour). The recipient will be informed of all alternative delivery methods by an information note left at his/her address.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, as evidenced by the computer system (scanning) of the carrier.
5.3 Anomaly, damage, damaged package
5.3.1 General provisions
The Purchaser, or the recipient of the Order, is invited to check the apparent condition of the package and products on delivery.
In case of anomaly relating to the parcel (damaged parcel, opened parcel, traces of liquid etc) or on the product(s) ordered (missing product(s), damaged product(s)), the Purchaser or recipient of the Order must follow the procedures described hereinafter (articles 5.3.2 and 5.3.3 of these Terms & Conditions of Sale) which corresponds to the conditions of the Order. Failure to comply with the appropriate procedure precludes any recourse to the carrier and LABORATOIRE GARANCIA. In particular, the Purchaser cannot claim any refund. The Purchaser or recipient of the Order also cannot claim that LABORATOIRE GARANCIA re-deliver the products ordered.
The Purchaser or recipient of the Order can also call LABORATOIRE GARANCIA Customer Services to find out how to return the damaged product(s). The procedure for returning damaged products that may be put forward by Laboratoire Garancia’s Customer Services must then be followed by the Purchaser. Otherwise, the Purchaser cannot claim any refund or exchange of the products in question.
5.3.2 Procedures that must be followed when the package is damaged
- Colissimo delivery
Do not open the package. Attention: opening the parcel precludes any recourse against the postal service and LABORATOIRE GARANCIA.
Return the unopened package to the postal service within five working days of delivery.
Draw up a "declaration of damage" with the postal service.
Notification of incidents and formulation of reservations must be made within 3 working days.
- Delivery via Point Relais by Mondial Relay
Do not accept the package. Attention: opening the package precludes any recourse against Mondial Relay and LABORATOIRE GARANCIA.
Report the refusal and anomaly to LABORATOIRE GARANCIA Customer Services, 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
Report any damage or deficiencies found and address all complaints and reservations to LABORATOIRE GARANCIA Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
- UPS and IMX deliveries
In case of anomaly found in the presence of a UPS or IMX agent:
Refuse delivery and immediately express all your reservations concerning the anomaly detected in a clear and detailed manner. These reservations must be raised by the Purchaser or recipient of the Order on the UPS or IMX driver's receipt.
Advise LABORATOIRE GARANCIA Customer Services of your refusal on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
In case of anomaly discovered when the UPS or IMX agent is not present:
Report the damage or deficiencies found and make any complaints and reservations with LABORATOIRE GARANCIA Customer Services on 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
Notification of incidents and the reporting of reservations must be done within 3 working days.
5.3.3 Procedure that must be followed if a product is missing or damaged
The Purchaser or the Order recipient must notify LABORATOIRE GARANCIA’s Customer Services of the missing or damaged product by calling 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).
LABORATOIRE GARANCIA Customer Services can request any information relating to the identity of the Purchaser or Order recipient and carry out any checks that may be required.
5.4 Delivery Times and Costs
Delivery times start from the moment the Order confirmation email is sent.
If these deadlines are exceeded not due to a case of force majeure, the Purchaser will have the opportunity to cancel his/her Order under the following conditions:
- After sending a formal notice to the Customer Service Department of Laboratoire Garancia to make the delivery within a reasonable additional time and once this formal notice has had no effect or,
- If the Purchaser establishes that this delivery time was an essential condition of his/her Order. The formal notice or request for cancellation of the Order must be sent by registered letter with acknowledgement of receipt to the contact details indicated in the "Contact us" section of the Laboratoire Garancia Website or by phone at 01 45 20 84 85 between 9.00 and 18.00 French time (price of a local call from France, or +33 1 45 20 84 85 from abroad).
In the event that the result of the ensuing investigation, admissible as far as the dispute in question is concerned, reveals an error attributable solely to Laboratoire Garancia or to the carrier, Laboratoire Garancia will refund the total amount of the Order in question, paid by the Purchaser and banked by Laboratoire Garancia, on condition that the whole Order is returned by the Purchaser to Laboratoire Garancia. The refund will be made as quickly as possible and at the latest within thirty days of the date on which the Purchaser exercised his/her right to cancel his/her Order.
Otherwise, if the whole Order is not returned, or if the ensuing investigation reveals no error solely attributable to Laboratoire Garancia or to the carrier, the Purchaser can claim neither a refund of the sum he/she has paid, nor another delivery of the products ordered, unless he/she can demonstrate, by any means, that he/she is not responsible.
Article 6 - Right of withdrawal and withdrawal period
6.1. Legal right of withdrawal and withdrawal period
6.1.1. Period during which the legal right of withdrawal can be exercised
In accordance with Article L.221-18 of the French Consumer Code ("Code de la Consommation"), the Purchaser has a period of 14 (fourteen) clear days from the day the parcel containing the ordered products is received by him/her to exercise his/her legal right of withdrawal without having to justify this decision. In the case of a Gift Card purchased on the Website, the Purchaser has a period of 14 (fourteen) days from the confirmation of his/her Order to exercise his/her right of withdrawal, provided however that the gift card has not been used in whole or in part before the expiry of that period. Indeed, in this case, no right of withdrawal or refund in any form whatsoever is provided.
6.1.2. Ways of exercising your legal right of withdrawal
The ways in which you can exercise your legal right of withdrawal are described in Article 6.3 of these Terms & Conditions of Sale.
6.1.3. Products excluded from the legal right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for Orders relating to the supply of goods which have been unsealed after delivery and which cannot be returned for hygiene or health protection reasons.
As a result, the Purchaser is alerted to the fact that he/she will not be able to assert his/her contractual right of withdrawal on products he/she has unsealed and where resale by Laboratoire Garancia would present risks for reasons of hygiene or health protection for consumers (eg care products, make-up products etc).
6.1.4. Consequences of exercising your legal right of withdrawal
If the products can be subject to a legal right of withdrawal, the Purchaser exercising his/her right of withdrawal under the conditions envisaged in the present article in terms of timing and methods for returning the products, will be able to obtain a refund for the products returned as well as delivery costs of the Order.
In accordance with Article L.221-21-3 of the French Consumer Code ("Code de la Consommation"), the Purchaser is responsible for the cost of returns, except when the products delivered do not correspond to the Order placed (in this case, these return costs will be met by Laboratoire Garancia).
6.1.6 Ways of exercising your legal right of withdrawal
The Purchaser or, as the case may be, the recipient of the Order, must inform Laboratoire Garancia of his/her desire to withdraw in one of the following ways:
Phone: LABORATOIRE GARANCIA Customer Services, 01 45 20 84 85 (price of a local call from France, or +33 1 45 20 84 85 from abroad).
Post: SUIVI COMMANDE E-BOUTIQUE LABORATOIRE GARANCIA, 10 avenue du Recteur Poincaré 75016 Paris
In this situation, the Customer is informed that it is not technically possible for Laboratoire Garancia to block shipment of products once the Order has been validated. The Order will then be sent to the Purchaser and the Purchaser agrees, in accordance with Article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of 14 (fourteen) days from this information being provided to Laboratoire Garancia. In case of receipt of the products beyond this period of 14 days, informing Laboratoire Garancia of the Purchaser’s desire to withdraw is deemed to come into effect at the time of the actual despatch of the products.
Returns via Point Relais will not be accepted.
6.1.7. General provisions applicable to all modes of return
It is imperative that products returned to LABORATOIRE GARANCIA are in a condition that means they can be re-sold (in a perfect state, with their original packaging, accessories, instructions, etc) at the latest within 2 (two) months of their date of receipt. Products returned after this period will not be accepted. Products must also be sent back with their Order number, either on the Returns Slip that should be signed by the Purchaser or the Order recipient and included with the products, or on another document. The Purchaser and the Order recipient, if he/she is not the Purchaser, is hereby informed that using the Returns Slip facilitates the processing of returned products by LABORATOIRE GARANCIA. The Purchaser or the Order recipient, if he/she is not the Purchaser, is therefore requested to use the Returns Slip. With regard to gift cards purchased on the LABORATOIRE GARANCIA Website, the return conditions detailed in this article may only apply if the gift card has not been used in whole or in part before the end of this period. Indeed, in this case, no right of withdrawal or refund in any form whatsoever is provided. If the Purchaser has taken advantage of an offer against purchase on the Website, entitling him/her, subject to conditions, to one or more free product(s) in exchange for his/her Order and, that because of the exercise of his/her right of withdrawal, the latter is no longer eligible for the offer in question; the Purchaser will then have to send the product(s) he/she wishes to return accompanied by the free product(s) received in exchange for the Order of the product(s) returned so that Laboratoire Garancia can consider his/her request for withdrawal.
The responsibility of the Purchaser(s) may be invoked in case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and, where appropriate, the proper functioning of the products.
6.1.8. Returns by post
The Purchaser or the recipient of the Order who wishes to exercise his/her right of withdrawal, legal or contractual, by returning a product by mail/package must follow these instructions:
- The original packaging should be used to return the product(s) in question.
- Send the parcel or postal item by registered mail with acknowledgement of receipt to the following address:
10, Avenue du Recteur Poincaré
LABORATOIRE GARANCIA will not accept parcels or letters with postage due.
If the Purchaser/Order recipient cannot prove that he/she has actually left the product(s) with the carrier or at a store, any risk connected with the return of the product is the responsibility of the Purchaser or the Order recipient.
Article 7 - Guarantees
7.1. Legal guarantees
All products on sale on the Website benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Purchaser to return defective or non-compliant products delivered without charge.
7.1.1 Legal guarantee of conformity
The French Consumer Code provides for the following in terms of a legal guarantee of conformity: Article L217-4: "The seller is obliged to deliver a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly or installation instructions when it was its responsibility under the contract or was carried out under its responsibility."
Article L211-5: "To be in conformity with the contract, the good must:
1) Be fit for the customary use expected of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities it has presented to the purchaser in the form of a sample or model;
- present the qualities that a purchaser may legitimately expect given the public statements made by the seller, the producer or his/her representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the purchaser, made known to the seller and that the latter has accepted.
Article L211-12: The action resulting from the lack of conformity is prescribed by two years from delivery of the goods.
7.1.2 Guarantee against latent defects
The French Civil Code provides the following in terms of guarantee against latent defects:
Article 1641 of the Civil Code: The seller is bound by the guarantee by reason of latent defects of the item sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the Purchaser would not have acquired it, or would have paid a lower price, if he/she had known about them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought up by the purchaser within two years of discovering the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent faults or defects in conformity."
As part of the legal guarantee of latent defects, LABORATOIRE GARANCIA, according to your choice, agrees, after evaluation of the defect:
- Either to refund the full price of the returned product,
- Or to refund part of the price of the product if the Purchaser decides to keep the product.
7.1.3 Exclusion of guarantees
Excluded from the guarantee are products modified, repaired, integrated or added by the Purchaser. The guarantee does not cover apparent defects. The guarantee will not cover products damaged during transport or due to misuse.
7.2 Procedures for implementing legal guarantees
When acting on a legal guarantee of conformity, the Purchaser:
- has a period of two years from delivery of the good to act;
- can choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempted from providing proof of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of any commercial guarantee that may be granted.
The Purchaser may decide to implement the guarantee against latent defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he/she can choose between the resolution of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
These provisions are not exclusive of the right of withdrawal defined in Article 6 above.
7.3 Consequence of the implementation of guarantees
Under the legal guarantee of conformity, LABORATOIRE GARANCIA agrees according to the choice of the Purchaser:
- either to replace the product with an identical product subject to available stocks,
- or to refund the price of the product if replacing a product proves impossible.
Under the legal guarantee against latent defects, LABORATOIRE GARANCIA, according to your choice, agrees, after evaluating the defect:
- Either to refund the full price of the returned product,
- Or to refund part of the price of the product if the Purchaser decides to keep the product.
Article 8 - Retention of ownership
LABORATOIRE GARANCIA retains full ownership of products sold until such time as full payment, in principal, has been received, including charges, taxes and mandatory contributions.
Article 9 - Intellectual property
The GARANCIA trademark, all other trademarks, figurative or otherwise, all illustrations, images, logos and all content featured on the Site (including but not limited to the Terms & Conditions of Use and these Terms & Conditions of Sale) are and shall remain the sole property of LABORATOIRE GARANCIA.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other element of the Site content, for any reason and on any medium whatsoever, without the express, written, prior consent of LABORATOIRE GARANCIA, is strictly prohibited. The same applies to all copyrights, designs, models and patents featured and/or used on the Website.
Article 10 - Signature and proof
LABORATOIRE GARANCIA endeavours to protect its customers’ personal details by guaranteeing a high level of security, however the Purchaser also has a role to play in safeguarding his/her personal data. In particular, the Purchaser must maintain the security of his/her online transactions for example by not communicating his/her user name (the Purchaser’s email address) and/or his/her password to anyone, and by regularly changing his/her password. In this respect, LABORATOIRE GARANCIA cannot be held responsible for the disclosure of information concerning the Purchaser to any individual who has used the Purchaser’s user name (his/her email address) and/or password. As such, the use of the Purchaser’s user name (his/her email address) and/or his/her password constitutes proof of his/her identity and his/her liability for the relevant sums when the Order is validated. LABORATOIRE GARANCIA can in no way be held responsible for the fraudulent use of such information. Providing a bank card number and final confirmation of the Order constitute proof of acceptance of said Order and liability for the sums agreed to by selecting the products listed on the Order. The computerised records kept by the IT systems belonging to LABORATOIRE GARANCIA and its partners are considered as proof of communications, Orders and payments concluded between the Parties.
The Parties agree that all data, information, files and any other digital element exchanged between the Parties will constitute admissible, valid, enforceable and probative evidence of a private agreement.
The Parties undertake not to contest the admissibility, validity, enforceability or probative value of the aforementioned electronic elements, on the basis of their electronic nature. Unless proved otherwise, these elements shall be valid and enforceable between the Parties in the same manner, under the same conditions and with the same probative force as any document drawn up, received or kept in writing.
Article 11 - Responsibility
Prior to placing his/her Order, the Purchaser declares that he/she has full legal capacity to adhere to these Terms & Conditions of Sale. LABORATOIRE GARANCIA can in no way be held responsible for checking the legal capacity of visitors to its Website or Purchasers. Consequently, if an individual who does not have legal capacity orders items on the LABORATOIRE GARANCIA Website, the persons legally responsible for him/her (especially a parent or guardian) will take entire responsibility for the Order and must, in particular, honour payment of the purchase price.
11.2 Limitation of responsibility
In respect of the obligations set out in these Terms & Conditions of Sale, LABORATOIRE GARANCIA shall not be held liable if the non-performance of these obligations is attributable to the act of a third party, even if this is foreseeable, an error on the part of the Purchaser, or the occurrence of circumstances of force majeure as defined by the French courts, or to any other circumstances that cannot reasonably be said to be under the sole control of LABORATOIRE GARANCIA.
LABORATOIRE GARANCIA ACCEPTS NO RESPONSIBILITY FOR DIRECT OR INDIRECT LOSS OR INJURY, WHETHER FORESEEABLE OR NOT, CAUSED BY USING THE WEBSITE. IN THE EVENT THAT LABORATOIRE GARANCIA IS CONFIRMED AS BEING LIABLE FOR LOSS OR INJURY SUFFERED BY THE PURCHASER ATTRIBUTABLE SOLELY TO MAKING AN ORDER, THIS WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER TO LABORATOIRE GARANCIA. Any claim filed by a user, including any Purchaser, against Laboratoire Garancia, must be made within 6 months of the occurrence of the event that is the subject of the claim.
Article 12 - Data Protection
LABORATOIRE GARANCIA collects the personal data of the Purchaser, and, if necessary, of the Order recipient. The Purchaser is hereby informed that this automatic processing of data, in particular the management of users’ email addresses, has been declared to the CNIL (declaration n° 1631761 v 0). The purpose, recipients and conditions under which LABORATOIRE GARANCIA collects and processes personal data are set out in the "Personal Data & Cookies" charter on the Website.
Article 13 - Modifications
Laboratoire Garancia reserves the right to change or update the Terms & Conditions of Sale without notice. To stay informed of any possible changes, LABORATOIRE GARANCIA advises Purchasers, and all users generally, to re-read the TCS, the Legal Information and the Website’s Terms & Conditions of Use and "Personal Data & Cookies" charter regularly. Any Order placed is subject to the Terms & Conditions of Sale in force at the time of the Order.
Article 14 - General
14.1 Partial non-validity
If one or more of the provisions of these Terms & Conditions of Sale are held to be invalid, or found to be so under the application of a law, regulation or following a final decision by a competent court of law, the other provisions shall retain their validity and their scope.
The failure of one of the Parties to pursue any breach of any of the provisions set out in these TCS on the part of the other Party shall not be construed as a waiver of the provision in question.
14.3 Governing law and competent jurisdiction
The selling of LABORATOIRE GARANCIA products is subject to French law regardless of the Purchaser’s country of residence or the location where the Order is placed. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, IMPLEMENTATION OR BREACH OF THE CONTRACT BETWEEN LABORATOIRE GARANCIA AND THE PURCHASER, EVEN WHERE MULTIPLE DEFENDANTS ARE CONCERNED, AND IN THE CASE OF FAILURE TO REACH AMICABLE SETTLEMENT, SHALL COME SOLELY UNDER THE JURISDICTION OF THE FRENCH COURTS COMPETENT TO ENFORCE THE RULES ENACTED IN THE FRENCH CODE OF CIVIL PROCEDURE ("CODE DE PROCEDURE CIVILE").
The TCS shall apply for the entire period that the products for sale by LABORATOIRE GARANCIA are online, until the end of the guarantee periods. In any event, should the TCS be declared null and void, the provision under the heading "Responsibility" shall remain in force.
Annex 1: Model withdrawal form
(Please complete and return this form and your order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of LABORATOIRE GARANCIA, 10 avenue du Recteur Poincaré, 75016 Paris.
I hereby notify you of my withdrawal from the contract for the sale of the item below:
- Ordered on [……………..] (*) received on [……………..] (*)
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only in case of notification of this form on paper)
(*) Delete where not applicable
Article 15 - Promotions and Constest
"Magic Constest" from 03/26/2021 to 03/28/2021
Laboratoire Garancia is organizing a contest on its online store from Friday 03/26/2021 until Sunday 03/28/2021 11:59pm.
Terms: Place an order on our site garancia-beauty.com and try to win the full refund after drawing lots. 1 winner will be designated and contacted by email the week of 03/29/2021.