Terms of service

TERMS AND CONDITIONS OF USE

Welcome to Galénic’s Website (the "Website"). The Website’s General Terms and Conditions of Use and Sale ("GTCUS" or the "General Terms and Conditions") are entered into by Galénic and any person wishing to browse the Website, create an account, and/or make a purchase on the Website https://www.galenic.com.

1. Legal notices

Website’s Publisher: Galénic Cosmetics Laboratory, société par actions simplifiée (SAS) [simplified joint-stock company], the registered office of which is located at 3 rue du colonel moll, 75017 Paris, with a share capital of 20,010,000 euros, listed on the Trade and Companies Register of Paris under number 889 310 108.
VAT Number: FR44889310108

Contact information: contact@galenic.com – 05 82 08 23 84

Website host: Shopify Inc. 151 O’Connor St., Ground floor Ottawa, Ontario K2P 2L8 Canada

Contact information: assistance@shopify.com

Tel.: 001-613-241-2828

Publication Manager: Sarah Stevens

1. Definitions

"Galénic", "We", "Seller", refers to GALÉNIC, Société par Actions Simplifiée [simplified joint-stock company], which markets GALÉNIC cosmetic Products.

"Customer(s)", "You", "Purchaser(s)", refers to the person wishing to or having ordered Products on the Website for personal use.

"Party(ies)" refers jointly or alternatively to GALÉNIC and/or the Customer(s).

"Website" refers to GALÉNIC's e-commerce Website: https://www.galenic.com

"Products" refers to the Products for sale on the Website.

1. Purpose of the General Terms and Conditions of Use and Sale

These General Terms and Conditions allow GALÉNIC to define the Terms and Conditions of online sale to Product Purchasers, as well as your rights and obligations, when browsing the Website, creating an account, or placing an order for Products. They are available on each page of the Website, in English, at the following address: https://galenic.com/policies/terms-of-service.

Any browsing of the Website, creation of an account, or any order of a Product on the Website requires that you are a consumer acting in a non-professional capacity, that you are over 18 years old, and that you accept these GTCUS. 

The Customer acknowledges having read and accepted these Terms and Conditions by clicking on "Complete your order" when ordering or when creating an account.

The General Terms and Conditions may be updated at any time by GALÉNIC. In case of an amendment, the applicable GTCUS shall be those in force on the date of the order.

The Customer acknowledges having received from GALÉNIC all the information on the Products and the delivery terms prior to his/her order, having benefited from the personalised advice available via the Website, and having made an informed choice regarding the Products ordered on the Website.

1. Products

The Products sold on the Website are those that are on the Website at the time the Customer browses the Website.

GALÉNIC undertakes to describe and give as accurate an image as possible of its Products on the Website. However, the photographs illustrate the Products for information purposes only and are not contractual. Indeed, we seek to ensure that the photographs of the Products are faithful to reality, but variations in colour may occur.

For any advice or question relating to the purchase, the Customer may contact GALÉNIC via the contact form available on the Website or via the following contact address: contact@galenic.com.

The Products ordered shall remain the property of GALÉNIC until full payment of their price has been received by GALÉNIC.

1. Implementation of orders

The Products ordered on the Website are for the personal use of the Purchaser, and not for any professional activity, in particular the resale of the Products. As such, the Customer must be a natural person, and may not order more than 5 Products with the same reference per order, and within the limit of an order of a total amount of 1,500 Euros, delivery charges and taxes included. In the event of a higher order, the latter may be considered null and void and GALÉNIC shall not take it into account. To place an order on the Website, the Customer must have a bank card.
To place an order, the Customer selects the Products of his/her choice and adds them to his/her basket.

The Customer must then provide the information required to complete the order. He/she can also create an account that allows him/her to re-use his/her personal data for future orders and to view his/her order history. The mandatory personal information requested is necessary for the preparation and dispatch of the ordered Products. The Purchaser undertakes to fill in the form provided in good faith and undertakes to ensure that the data he/she provides is accurate. He/she undertakes to keep them up to date if he/she creates an account. This personal data is subject to the Privacy Policy available here.

The Customer can, before completing his/her order, view on a summary page the Products chosen, their number, their total price, as well as the applicable delivery charges: he/she can thus correct these parameters before completing his/her order, by clicking on the button that mentions the payment obligation.

The Customer shall enter his/her credit card details, which shall be processed exclusively by the payment service providers, Shopify payment, on its payment interface. Only Visa, Mastercard and American Express bank cards are accepted.

After confirmation of the validity of the bank payment, an order confirmation email is sent to the address given by the Customer when placing the order, thus validating the order.

GALÉNIC may refuse any order if a dispute exists with the Customer, if the Customer has not paid in full or in part for a previous order, if the order is abnormal (unusual quantities and/or amounts for a Customer acting for personal purposes).

1. Archiving and proof of contract

Invoices relating to orders shall be archived by GALÉNIC for:

 - 5 years from the last delivery for an order amount lower than 120 euros;

 - 10 years from the last delivery for an order amount of more than 120 euros.

 Storage of the order, the order’s acceptance confirmation, any exchanges between the Parties, and its payment confirmation on GALÉNIC's and/or its service providers' computer systems shall be considered as proof of the sales contract, unless proven otherwise.

1. Price and Delivery

The prices of the Products displayed on the Website are in Euros, include VAT, but do not include any delivery charges or other taxes applicable at the time of sale. Delivery costs will be indicated before the order confirmation and will be invoiced when the order is confirmed. The prices invoiced to Customers are those displayed on the Website at the time of the order. GALÉNIC reserves the right to amend the price of the Products at any time without prior notice. These amendments shall not affect orders already confirmed and paid for by the Customer.

Delivery costs and times will be indicated separately before the order is confirmed by the Customer.

As an indication, the standard delivery time varies between 2 and 4 working days (excluding Saturdays and Sundays) from the time the order is prepared by Galénic.

In the event of a delay in delivery (indicated delivery time exceeded, or the maximum timeframe of 30 days after order confirmation is exceeded), the Customer shall inform Galénic as soon as possible via the contact form or via the address contact@galenic.com so that we can make an enquiry with the carrier.

If the order is found during the investigation within a reasonable timeframe, it will be immediately returned to the Customer at the delivery location indicated on the order form. If the order is not found at the end of the investigation, Galénic will reimburse the Purchaser in full (including delivery costs).

The Customer may not cancel the order and claim a refund if the Products are delivered within a reasonable timeframe after the delay in delivery was notified by the Customer.

1. Receiving the Products

If the Customer is not present at the time the Product is delivered, the parcel will be delivered to the nearest parcel pick-up point. After 14 days at the parcel pick-up point, the latter will be returned to Galénic.

Upon receipt of the Products, the Customer undertakes to check that the order delivered is complete, compliant and has not been damaged. Should an apparent anomaly be found, the Customer shall make every effort to express reservations directly to the carrier.  In any event, the Customer shall inform GALÉNIC via the contact form made available on the Website within a maximum timeframe of 10 days from the receipt of the Products.

In the event that the Customer reports a missing or non-compliant Product, an investigation will be carried out:

- If the missing Product is found before the maximum delivery date, the Product may be redirected to the delivery location indicated on the order form.

- If the missing Product has not been found within 30 days of its order, Galénic will reship the missing Product within a reasonable timeframe.

- If the delivery is not carried out within a reasonable additional timeframe, the Purchaser may withdraw from the contract by means of an unambiguous statement or via the contact form. In such a case, the contract shall be considered terminated upon receipt by GALÉNIC of the Customer's request. All amounts paid by the Customer shall be returned to him/her as soon as possible in the form of a refund, at the latest within 14 days following the date on which the contract was terminated.

- If the Product delivered is not compliant with the order placed, the Customer must return the unused, unopened Product received in its original packaging as soon as possible, mentioning the defect found. If Galénic also acknowledges the alleged non-conformity, the latter will reship the Product initially agreed upon within a reasonable timeframe.

1. Withdrawal right and item return

Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a timeframe of 14 days from the date on which the order is delivered to notify Galénic of his/her wish to exercise his/her withdrawal right, by means of an unambiguous statement including the reference number and the number of Products returned, via the contact form or by sending a written request, in accordance with the withdrawal form available in Appendix 1 of these General Terms and Conditions of Sale.

For hygiene and safety reasons, Products must be returned in their original packaging, allowing them to be re-marketed as new (any Product that is faulty, incomplete, damaged or whose packaging is deteriorated will not be accepted). In particular, Galénic will not reimburse cosmetic Products from which the lid has been removed. The Products returned must be accompanied by the return form provided by Galénic after the withdrawal right is notified. Return shipping costs are free.
All parcels must be returned to the following address:

GALENIC
C/O DISPEO Site Evreux

27096 Evreux Cedex 9

Products are returned at the Customer's own risk. GALÉNIC recommends its Customers to subscribe to a parcel tracking option to avoid any inconvenience in case of loss or theft of the Products during their return. If the package is lost, stolen or damaged during the return, GALÉNIC reserves the right to refuse the reimbursement of the returned Products.

If the Products are returned in accordance with the aforementioned conditions, Galénic shall reimburse the amounts paid for the order to the Customer. The reimbursement shall be made by the same means of payment as the one initially used, within 14 days of the notification of withdrawal, subject to prior receipt by Galénic of the returned Products. In the event of a partial return of Products, only the price of the returned Products will be reimbursed by GALÉNIC, as well as the initial delivery costs in proportion to the returned Products.

If you return Products that were part of a global promotional offer, including one or several gifts, the gifts made by GALÉNIC associated with the purchase of one or several Products shall be returned to GALÉNIC.

1. Legal warranty

GALÉNIC shall be held liable for defects in the conformity of the Products ordered under the conditions of Article L. 217-4 et seq. of the French Consumer Code, and for hidden defects in the items sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

The goods are compliant with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

- if they correspond to the description given by the Seller and have the qualities that the Seller has presented to the Purchaser in the form of a sample or model;

- if they have the qualities that a Purchaser may legitimately expect, having regard to the public statements made by the Seller, the producer or its representative, in particular in advertising or on labelling;

2° Or if they have the characteristics defined by mutual agreement between the Parties or are suitable for any special use sought by the Purchaser, brought to the attention of the Seller, and accepted by the latter.

 

As part of the implementation by the Purchaser of the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code, he/she may choose between the cancellation of the sale or a decrease in the sale price, in accordance with Article 1644 of the French Civil Code.
In the event of a defect of conformity or hidden defect of a delivered Product, the Customer shall return the Product in question to GALÉNIC, in its original state, imperatively covered with the original labels and, if possible, accompanied by the original packaging and, in any case, the invoice or the order confirmation. The Customer may inform GALÉNIC in advance via the contact form.

If the aforementioned conditions are not respected, GALÉNIC shall not proceed with the reimbursement of the defective Product returned.

In the event that the return of the defective Product is well-founded, GALÉNIC shall repair or reimburse the defective Product, and reimburse the delivery costs, excluding any other compensation.

Except for the aforementioned situations, no exchange or repair of the Product is authorised.

The procedures for implementing legal guarantees are described in the appendix to these Terms of service.

1. Managing comments on the Website and reporting abuse

You may comment on the Products you have personally purchased and used by responding to the email sent by Avis Vérifiés, an assessment service published by Net Reviews SAS.

As part of its Customer relationship, Galénic sends your email address and contact information to Avis Vérifiés in order to collect your comments and assessments regarding your experience and your Galénic purchases. You must comply with Avis Vérifiés’ Terms and Conditions of Use in order to post a comment on Galénic Products.

These Terms and Conditions are available at: https://www.netreviews.com/fr/conditions-generales-dutilisation/

You are responsible for the content that you post through this channel.

By accepting this document, you acknowledge that you were informed that your personal data may be transmitted to the third-party Avis Vérifiés to collect your opinion on our Products by email following your order.

Avis Vérifiés will use your Personal Data solely for the purposes of its Solution. The consumer's personal data is hosted on Amazon AWS.

Avis Vérifiés formally refrains from communicating to anyone, personal or nominative information that would allow the Consumer to be identified or that would infringe on his/her privacy.

You have the possibility of objecting to the transmission of this information to Avis Vérifiés via the following address: dpo@galenic.com.

By writing a comment on our Products, you guarantee that the content thus posted does not breach any regulation in force, particularly in terms of copyrights, use of trademarks and logos, personal data, defamation, incitement to racial hatred, discrimination, denigration or other infringements of third-party rights, and you release Galénic from any financial consequences resulting from the content thus posted. You also agree not to use the Website to promote commercial activities of any kind or to carry out prospection or communication for advertising purposes. You undertake not to insert any hypertext links in these comments.

Furthermore, you grant Galénic a right of reproduction and representation of these comments, with a view to their publication on Galénic’s Website, for the duration of the copyright.

Galénic does not guarantee the accuracy of the comments thus published on its Website.

If you notice a comment that is illegal or infringes third-party rights, a reporting procedure is available via the contact form available here or at the following email address: moderation@avis-verifies.com. To this end, you should indicate the precise URL where the offending comment appears, as well as the reasons that lead you to conclude that the comment should be removed.

In the event of a justified complaint or violation of these GTCUS, Galénic may take any or all of the following measures: remove the litigious content, suspend or terminate your account, save all elements in our possession to preserve evidence for possible legal proceedings.

1. Responsibility

GALÉNIC shall not be held responsible for the use of Products that do not comply with their intended purpose.

The Customer is the sole judge of the appropriate and suitable nature of the Products ordered.

The Customer declares that he/she has full legal capacity prior to placing the order. If a person who does not have legal capacity orders on the Website, his/her legal guardians will assume full responsibility for the order and will have to pay the price.

GALÉNIC does not guarantee that the Website is available continuously, without temporary interruption, without suspension or without error. In particular, GALÉNIC shall not be held responsible for:

- interruptions, malfunctions or delays on the Website due to technical breakdowns, force majeure, third parties or any circumstances whatsoever, beyond its control;

- the impossibility for the Customer to temporarily access the Website, due to events beyond its control, such as computer breakdowns, interruptions in the telephone network and the Internet network, or failure of the Customer's Internet reception equipment. 

GALÉNIC cannot be considered responsible for:

- the loss, alteration or fraudulent access to its Customer’s account, due to poor management by the Customer;

- accidental transmission, viruses or other harmful elements, resulting from access to the Internet or transmissions by electronic mail.

Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, the liability of GALÉNIC shall be limited to direct damages only. GALÉNIC reserves the right to suspend the Website's operation, subject to the fulfilment of orders already placed, except in cases of force majeure.

 

1. Complaints – Information

Any complaint or request for information relating to these GTCUS must be sent to Customer Services via the contact form available on the Website or to the following email address: contact@galenic.com.

1. Copyright

Without this list being exhaustive, the "GALÉNIC" brand as well as its derivatives and variations, logos, graphic charter, layout, information, presentation and Website are the exclusive property of GALÉNIC.

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Website are also protected by all copyrights or database producers' rights in force, of which GALÉNIC is the sole holder or owner of the rights. All disassembling, decompiling, decrypting, extracting, reusing, copying and, more generally, all acts of reproduction, representation, dissemination and use of these elements, in whole or in part, without the prior written authorisation of GALÉNIC are strictly prohibited and may be subject to legal proceedings.

Any reproduction or representation, in whole or in part, of the Website or its components, such as, but not limited to, the brands, logos, graphic charter, layout, information, presentation and Website content is prohibited. Browsing the Website does not entail any transfer of copyrights to the User. GALÉNIC grants the User a right of access and browsing of the Website only, under the Terms and Conditions provided for in the present GTCUS.

1. Entire Contract

These GTCUS as well as the order summary available on the Website and transmitted to the Customer in the order confirmation email, form a contractual whole and constitute the entire contractual relationship between the Parties. They are the only contractual documents opposable to the Parties, with the exclusion of any other document or photograph of the Products, which have an indicative value only.

1. Applicable Law - disputes - Consumer Mediator

In the event of a dispute regarding an Order, the Customer shall first contact GALÉNIC to find an amicable solution via the contact form.

Referral to the mediator may only occur after the Customer has taken prior written action with GALÉNIC.

The Customer may, after a response from Galénic's Customer Support that he/she deems unsatisfactory, refer the matter to the CMAP mediator at 39 avenue Franklin D. Roosevelt 75008 PARIS - cmap.fr.

In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

These GTCUS are governed by French Law, unless otherwise stipulated. In the absence of an amicable solution, disputes relating to the performance or interpretation of these GTCUS will be submitted to the competent French courts.

1. Non-waiver agreement

If one or more clauses of these GTCUS are considered to be invalid or declared as such in application of a law, a regulation or following a final ruling by a competent court, the other clauses will remain in force and within their scope

The failure of one of the Parties to avail itself of a breach of the obligations referred to in the GTCUS shall not be interpreted in the future as a renunciation of the obligation in question.

1. Force majeure

The Parties acknowledge that they shall not be held liable in the event of force majeure, as defined in the applicable case law. In this case, the party claiming force majeure to justify the non-performance of its obligations shall notify the other party within 7 days and by any means that ensures its proper fulfilment.

1. Personal Data

Information concerning the processing of personal data by Galénic and the exercise of the rights of the persons concerned is available in GALÉNIC's privacy policy, accessible at the following address: https://galenic.com/policies/privacy-policy

Appendix 1: Implementation of legal warranties

"The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
"When the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
"The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
"The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience to him.
"If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
"If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
"The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if:
"1° The professional refuses to repair or replace the good;
"2° The goods are repaired or replaced after a period of thirty days;
"3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;
"4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.
"The consumer is not entitled to have the sale rescinded if the lack of conformity is minor. "Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired goods.
"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
"Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
"Consumers also benefit from the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good."

Version GTCUS 1.1 of 07/05/23