UPdated OCTOBER  2013   The General Conditions of Sale set out below must be read carefully and duly accepted before any orders are placed on the www.shop.helenere.com website which is part of www.helenere.com. Any order taken for a product on sale on the HELENERE online shop is based on the assumption that the buyer has read and accepted these terms and conditions beforehand. Consequently, any buyer wishing to order on line acknowledges that he/she is fully aware of the fact that his/her agreement to the contents of these terms and conditions does not require his/her handwritten signature of this document.  The buyer may save or print these terms and conditions, it being understood that both saving and printing of the said document are his/her sole responsibility. As far as we are concerned, we undertake to give you, whenever practical, the following information: The accurate identification of the company. The essential features of items for sale and their use. The prices of items in Pounds Sterling (GBP). The conditions of payment and order fulfilment as well as the delivery charges. The existence of a legal right of revocation. Objects displayed on commercial illustrations are not delivered with the items. Any dispute arising in connection with the HELENERE website operation shall be governed by the general sales conditions set out below. Where appropriate, the courts of the Canton of Vaud shall be the only competent courts.   1. PURCHASING TERMS The HELENERE website (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at www.shop.helenere.com and www.helenere.com  It is produced by LES LABORATOIRES HELENERE S.A. (hereinafter "HELENERE"). Its registered office is located at Grand Rue 50 - CASE POSTALE 1203, 1820 Montreux Switzerland and incorporated in the commercial registry of Vaud, Switzerland. The Website enables HELENERE to place cosmetics (hereinafter the "Products") on sale to Internet Users who visit the Website (hereinafter the "Website Users"). For the application of these General Conditions of Sale, it is agreed that the Website User and HELENERE shall be jointly referred to as the "Parties" and individually referred to as a "Party", and that Website Users who have validated an order shall be referred to as "Purchasers". Website Users' rights and obligations necessarily apply to Purchasers. Products are intended for the personal use of Website Users, in no direct relation to their professional activity. Unless otherwise expressly agreed in writing, all sales are subject to the following terms and conditions. Website Users should note that their order must not exceed a total of 2’000 BGP. If the order exceeds the aforementioned amount, the order shall be invalid. You must meet the following requirements to place an order on this site: -  Be a natural person -  Be 18 or older on the day the order is placed -  Have full legal capacity The Products ordered by Website Users on the e-shop www.shop.helenere.com shall be delivered only in the United Kingdom. The orders for which a Case Postale delivery address has been chosen cannot be proceeded. Website Users who wish to purchase via the Website declare that they have full legal capacity and are aged 18 or over. All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sales, without said acceptance being contingent on the Website User providing a hand-written signature. The recording and validation of the order form constitutes the placing of an order between HELENERE and Website Users for the purchase of the ordered products. The purpose of these General Conditions of Sales is to define the Parties' rights and obligations that arise from the online sale of the Products offered on the Website, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. These General Conditions of Sales determine all the steps required to place an order and ensure the follow-up of the said order between the parties. The General Conditions of Sale in force may be consulted at any time by clicking on the link. HELENERE may update these General Conditions of Sale at any time. These General Conditions of Sale apply to the exclusion of all other documents. Effective date and duration These general sales conditions shall become effective from the date of the sending of the online order. They shall remain in force during all the time necessary to provide subscribed goods and services, until the expiry of the guarantees due by HELENERE. Electronic signature The last “click” of the buyer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. Order confirmation When the order is confirmed by clicking on the “Complete my order” button, the Customer declares that they accept the order, together with these General Terms of Sale. A summary of the order can be printed. Once the order has been registered, a detailed acknowledgement of the order is sent to the Customer at the e-mail address provided. This acknowledgement specifies the exact amount invoiced and details of delivery. This acknowledgement implies acceptance of the order and confirms the transaction, subject to order payment. The contractual information will be confirmed by e-mail not later than the delivery date or, failing that, at the address indicated by the buyer on the order form. Proof of the transaction The computerized records, kept reasonably safely in HELENERE’s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof. 2. Products On its website, HELENERE displays the products for sale with all the necessary information enabling the potential buyer to know the essential features of the products he/she intends to buy before placing a definitive order. The Products HELENERE offers for sale are those listed on the Website, on the date the Website User consults the Website, within the limit of available stock and subject to the conditions laid down in Paragraph 1, and under the following restrictions: due to transportation constraints, aerosols are not available for sale as well as products containing alcohol. HELENERE reserves the right to change and replace products depending on its catalogues. The pictures displayed on the website are not contractual: The photographs that illustrate the Products do not fall within the scope of the contract and HELENERE's liability may not be incurred in connection with any such error. While every effort is made to ensure that the shade of HELENERE products for which photos are displayed on www.shop.helenere.com is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing colour using information technology. Consequently, HELENERE may not be held liable for errors or inaccuracies in photographs or graphics showing HELENERE products that are presented on  www.shop.helenere.com Product Availability: Offers presented by HELENERE are valid only while stock lasts. HELENERE shall in no event be held responsible for any product being undeliverable, out-of-stock or sold out. Products are offered subject to availability. If a Product is not available, this will be mentioned on the Website. Website Users may then, if they so wish, click on the “notify me” button and enter their e-mail address in order to be informed as soon as the Product becomes available again. If a Product’s unavailability is discovered after order validation, Purchasers shall have the option of cancelling their order by requesting either the reimbursement of the amounts paid within a maximum of seven (7) days after being debited, or exchanging the unavailable Product(s), by sending an e-mail request via the Contact us page. Retention of title: The Products ordered shall remain the property of HELENERE until full receipt of the price by HELENERE. If there is a payment incident or in the event of incomplete or partial payment, the Purchaser undertakes, at the cost of the Purchaser, to return the Products received to HELENERE at the latter's first request. However, on the effective date of delivery, the risks (in particular of loss, theft or damage) concerning the Products delivered are transferred to the Purchaser.  3. Prices and Payment Prices The prices of the Products are given in Pounds Sterling (symbol: £; ISO code: GBP). They already include the VAT. Orders will be invoiced and shipped by our partner company in Europe: 358 Generation, 4 passage du Grand-Cerf, Paris 75002, France. According to the laws on VAT in the European Community as far as e-commerce is concerned, 358 Generation will invoice French VAT (19.6%). As products are shipped from France by a French company to the UK, no customs duty is due. The price invoiced to the Purchaser is the price stated on the order confirmation sent via e-mail by HELENERE. The prices given for each product do not include the packaging and delivery costs, which will be invoiced in addition and specified to Website Users before the order is validated and when the order is definitely validated. The shipping fees are mentioned on the Website. The Website User accepts HELENERE’s right to modify its prices at any time; however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error. Full payment must be made upon ordering, in any event before the ordered items are shipped. Payment To pay his/her order, the buyer may choose between all the methods of payment proposed on the online order form. The buyer guarantees HELENERE that he/she has the authorizations required to use the chosen method of payment, upon validating the order form. HELENERE reserves the right to suspend any order procedure or any delivery if authorization of payment by debit card is denied by any certified financial institution or in case of non-payment of the order. HELENERE specifically reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer who has not fully paid an order or with whom a dispute is underway. HELENERE has implemented an order check-out procedure to insure no one is using someone else’s banking information without their knowledge. HELENERE reserves the right to use this procedure if any doubt arises with regard to the client’s legitimacy. With respect to this check-out, the client shall be required to fax HELENERE a copy of an identification paper with a proof of domicile. Our services shall validate the order only after receiving and checking out papers sent by the buyer. Payments can be made immediately over the Internet. Unless the server is unavailable, Website Users may, in order to validate the order, pay by Paypal or Credit/debit card (Visa, Mastercard). Website users paying by Credit/debit Card will enter their card number, the expiry date, the name of the cardholder and the 3-digit safety code on back of the card (Visa and Mastercard). HELENERE reserves the right to refuse all orders or deliveries if the limits stated in paragraph 1 above are exceeded, if there is an existing dispute with the Purchaser, if credit/debit card payment authorisation is refused by the banking organisations, or in the event of total or partial failure to pay. As part of the fight against online fraud, information concerning orders will be checked by HELENERE’s designated payment partner.  4. Delivery Delivery The order shall be delivered usually within 4 to 6 working days as of the date when the payment is fully received by HELENERE/358 Generation. Orders are then dispatched from our partner office 358 Generation in France and are shipped by the COLISSIMO delivery services of the French Post. You will be delivered within the number of days mentioned in the expedition option be counted from the moment of reception of your order confirmation from HELENERE, and depending on the postal services of the French Post. If the products are delivered after 6 working days, no compensation can be requested from Hélénère as we decline all responsibility for this over delay. If the ordered product is unavailable, the buyer shall be informed thereof as soon as possible and shall have the possibility to cancel his/her order. The buyer may then request a refund within 30 days after the payment date or order a replacement product. Products shall be delivered at the address indicated by the buyer on the order form. The buyer undertakes to check the physical condition of the goods upon delivery. He/she shall inform HELENERE by e-mail (via the Contact us page) within 7 days after delivery of any defects noticed. Shipping Fees Shipping fees are settled as below: Orders below £100: £7 shipping fees Orders amounting £100: and over: shipping fees are offered Delivery problems HELENERE refuses all liability in the event of overly long delivery time caused by the postal services, as well as in the event of the loss of the Products ordered or a postal strike. All transport risks will be borne by the Purchaser. If a delivery is late, the Purchaser must inform the HELENERE customer service department as soon as possible, by e-mail (via the Contact us page). HELENERE will then contact the post office to request an investigation which may take some time. Moreover, ownership of the Products orders will not be transferred to the Purchaser until full payment of the invoice has been received, inclusive of delivery charges. Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchasers on the form presented to them when the parcel is delivered and must imperatively be notified to the HELENERE customer service department, by e-mail (via the Contact us page). At the same time, the buyer shall confirm this defect by sending the carrier the said claims by registered mail, within 7 days after the delivery date. The buyer shall send a copy of this mail by registered mail to LES LABORATOIRES HELENERE S.A., Grand-Rue 50, CASE POSTALE 1203, 1820 Montreux; Switzerland. All claims filed more than 7 working days after the day of receipt will be rejected and HELENERE will be released from all liability. HELENERE refuses all liability if a product is lost, sent to the wrong address or delivered late, inasmuch as transports risks have been accepted and will be borne by the Purchaser.  5. Withdrawal right  Product(s) with which the Purchaser is not satisfied If Purchasers are not satisfied with the Product(s) ordered, they have a period of fifteen (15) working days in which to return it/them, at their own expense, effective from the date of receipt. The Product(s) must be returned in their original form and sealed packaging, and accompanied by the slip included with the invoice or delivery note to the following address: LES LABORATOIRES HELENERE SA, Case postale 1203, 1820 Montreux, Switzerland. HELENERE does not accept parcels with carriage due. All risks linked to the return of Product(s) shall be assumed by the Consumer. If the aforementioned conditions are fulfilled, HELENERE will reimburse the Purchaser within a maximum of thirty (30) days for the amounts that correspond to the Product(s) purchased. No open product can be returned to Hélénère. Non-compliant Product(s) All non-compliant Products must be returned to HELENERE for exchange or reimbursement, in their original form and sealed packaging, accompanied by the slip at the bottom of the invoice or delivery note, to the following address: LES LABORATOIRES HELENERE SA, Case Postale 1203, 1820 Montreux, Switzerland. Carriage costs will only be borne by HELENERE in the event that the decision to return Product(s) results from an error made by HELENERE. To have the right to return the product on account of a delivery error, the buyer shall in no event have unsealed, opened or used the item. HELENERE will then initiate the procedure to exchange or reimburse the defective or missing Product(s). Upon receipt by HELENERE of Product(s) that are presumed to be non-compliant, HELENERE will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by HELENERE, the Purchaser will be reimbursed within thirty (30) days, for the amounts that correspond to the price(s) of the Product(s) acquired. 6. Protection of personal data Providing personal information that is collected within the scope of distance selling is mandatory, as this information is needed to process and deliver orders, and to prepare invoices. Such personal information is strictly confidential; therefore, we will not provide your personally identifiable information to third parties for their use in marketing their products or services without your consent. The purchaser may review and change the personally identifiable information you provide to us at any time by emailing us. Failing to provide such personal information entails automatic rejection of the order. 7. Vis major Neither Party shall be liable for the total or partial non-performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event). Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of Internet, technical failures, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failures. If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five working days of the occurrence or threatened occurrence of said event. The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of fulfilling orders during the occurrence of a Force Majeure Event of vis major. After one (1) month of interruption due to a Force Majeure Event, HELENERE may choose to cancel the order(s), in which case it shall reimburse the Purchaser where applicable. 8. Severability If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope. 9. Whole agreement These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale shall prevail. 10. Applicable law and jurisdiction These general sales conditions and the contractual relations between HELENERE and the Purchaser are governed by Swiss law and particularly by the Code of Obligations, which governs things not expressly mentioned in these general sales conditions. It applies to substantive rules as well as to procedural rules. If any dispute or claim arises, the buyer shall preferably turn to HELENERE in order to seek a non adversarial solution. Thereafter and in the event of an appeal, the buyer shall be entitled to file a claim with the courts of the Canton of Vaud.  Partial non-validation If one or several provisions of these general sales conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect. © HELENERE 2013