General terms and conditions
General terms and conditions of sale
PREAMBLE
These general terms and conditions of sale apply to any Order of Products on the HerbalGem website (accessible at the following URL https://www.herbalgem.fr/ or via any URL extension) (hereinafter referred to as the "Site") managed by SARL Pranarōm France (hereinafter referred to as "HerbalGem") whose registered office is located at 253 Boulevards de Leeds – Immeuble le Leeds – 59777 Lille – France.
PRELIMINARY ARTICLE – DEFINITIONS
Terms with a capital letter in the text will have the following definitions:
"Buyer" : refers to any natural person having the status of consumer (any natural person, non-professional, who is likely to purchase Products presented on the Site for purposes which do not fall within the scope of their professional activity), and who has placed an Order on the Site, which has been accepted by HerbalGem ;
"Terms and Conditions" : refers to these General Terms and Conditions of Sale;
"Order(s)" : refers to the distance selling contract which is considered concluded from the moment the Buyer confirms his order by clicking on the "Order" icon;
"Order Confirmation" : refers to the confirmation of the Order communicated to the Buyer by email to the address provided by the Buyer at the time of placing the Order;
“Part(s)” : refers to the parties to the sales contract;
“Product(s)” : refers to the product(s) developed, manufactured and/or marketed by HerbalGem and offered for sale on the Site as well as any service (gift card);
"Customer Service" : refers to the service (also commonly called customer service, after-sales service, customer support, etc.) accessible by telephone at +33 3 20 07 75 15, from Monday to Friday from 8:30 a.m. to 6 p.m., excluding public holidays, as well as at the following email address: order@pranarom.com and via the online form; which allows Buyers to have a contact person and ask them any questions.
"VAT" : refers to Value Added Tax;
" TVAC ": refers to the scenario in which value added tax is included in the price;
" Territory " : refers to metropolitan France (including Corsica).
ARTICLE 1 – FIELDS OF APPLICATION
These General Terms and Conditions of Sale (GTC) aim, firstly, to inform all Buyers of the terms and conditions under which HerbalGem sells and delivers Products and, secondly, to define the rights and obligations of the Parties in connection with the sale of " HerbalGem " brand Products to the Buyer. These GTC apply only to Orders placed on the Website. They supersede and replace all previous versions. HerbalGem reserves the right to modify these GTC at any time. These GTC are supplemented by the Website's General Terms of Use and the Privacy Policy.
Any order for a product listed on the Site implies full and complete acceptance of the Terms and Conditions of Sale as well as acceptance of the Privacy Policy.
Consequently, the Buyer must confirm their agreement with the content of these Terms and Conditions when confirming their Order.
Therefore, the terms and conditions applicable to the Order are those accepted by the Buyer at the time of placing the Order.
The Site is reserved for the purchase of Products by Buyers, excluding any resale.
Prior to placing an order, the Buyer declares that they have full legal capacity to enter into this agreement under these Terms and Conditions. HerbalGem is under no obligation to verify the legal capacity of Buyers. Consequently, if a person lacking legal capacity orders Products on the HerbalGem website, their legal guardians (parents, tutors, etc.) will bear full responsibility for this order and will be required to pay the price.
ARTICLE 2 – PRODUCTS, PRECAUTIONS FOR USE AND USE OF ESSENTIAL OILS
2.1 Products
The products offered for sale by HerbalGem are those listed on the website on the day the buyer consults the site, and are subject to availability. If a product is unavailable, the buyer will be informed as soon as possible.
HerbalGem is committed to selling Products that comply with applicable regulations and standards in force at the time of the Order.
2.2. Use of Products and Precautions for Use
Buyers are advised to read the precautions for use provided by HerbalGem for all its products before use and to comply with them each time. These precautions are indicated on the packaging of each product. Before placing an order, the buyer can review the essential characteristics of the products and the corresponding precautions and recommendations for use on the website.
The Buyer understands and accepts that essential oils are, by their composition, concentrated natural ingredients (such as plants, bark, etc.) with diverse properties. It is therefore strongly recommended to carefully follow the instructions for each oil and to consult a healthcare professional. The information provided on the Site is taken from reference books on essential oils and aromatherapy but should in no way replace the advice of a healthcare professional. It is therefore expressly understood that HerbalGem does not encourage self-medication under any circumstances.
HerbalGem cannot be held responsible for damages of any kind (material, immaterial or bodily), which would result from failure to comply with precautions for use (including hygiene and safety conditions) when using one of its Products.
Should the Buyer wish to obtain expert advice on the Products or an answer to a question concerning Product quality or safety, they may contact HerbalGem Customer Service using the contact details provided in the Preliminary Article or via the contact form. In this case, HerbalGem will make every effort to answer each Product-related question within seventy-two (72) business hours, provided that the question is asked during the aforementioned hours and is related to the Products. The response time may depend on the contacts that Customer Service may need to reach out to in order to obtain an answer.
ARTICLE 3 - PRODUCT PRICES
The prices shown on the Site are in Euros, inclusive of all taxes, but excluding shipping costs. Delivery and shipping costs are the responsibility of the Buyer (unless otherwise specified on the Site). They will be determined based on the total amount of the Order and the delivery method chosen by the Buyer, as per Article 6.
The prices applicable to an Order are the prices in effect at the time the said Order is placed, within the limits of available stock.
Any change in the applicable VAT rate will automatically be reflected in the price of the Products.
HerbalGem reserves the right to modify the prices, delivery charges and promotions of its Products at any time, it being specified that these modifications do not affect the Order already validated by the Buyer.
It is specified that any promotions granted in the form of discount vouchers or special offers are valid only (i) for one Order per household according to the terms of the offer, (ii) for a given validity period, and (iii) cannot be combined with other promotions. It is specified that these promotional offers may appear in the Newsletter, on the homepage or other dedicated pages of the Site, and on social media. Some promotional offers (discount or welcome codes) are valid only for the first Order; therefore, the Buyer will not be able to benefit from them if they have already ordered from the Site.
ARTICLE 4 – ORDER
To place an order, the Buyer must follow these steps:
- Viewing the Product page: the Buyer chooses the quantity and any available options and must click on "Add to cart" to add the Product to their cart;
- "Shopping Cart" page: the Buyer then has the option to remove a Product or modify the quantities;
- Summary page, choice of payment and delivery method: this page allows the Buyer to check the different elements constituting the order (Product, quantity, total price), to identify any errors made in entering the data and to correct them;
- Assuming the information is correct, the Buyer must then enter their billing and delivery information, choose the delivery and payment method and enter their payment information, it being specified that the Buyer guarantees the truthfulness and accuracy of the information provided by them on the Site;
- To place an order, the Buyer must click on "Order with obligation to pay" after checking the box "I have read and I accept the general terms and conditions" accessible via a hyperlink.
The sale will only be definitively concluded upon Order Confirmation and validation of payment by the relevant bank. The Order Confirmation email signifies HerbalGem 's acceptance of the Buyer's Order and thus forms the contract between the Parties.
HerbalGem reserves the right to cancel any order from a buyer with whom there is a prior payment dispute, or for any other legitimate reason, including, but not limited to, non-compliant or unusual orders. In such cases, HerbalGem will inform the buyer.
In order to protect HerbalGem from fraudulent practices, and should HerbalGem or the online payment provider suspect that an order is fraudulent, they reserve the right to request additional documents from the Buyer (prior to processing the order) (including proof of address and/or bank statement in the Buyer's name, a photocopy of the Buyer's identity card, and a photocopy of the Buyer's bank card) to verify its legitimacy. HerbalGem reserves the right to refuse to fulfill the order if an adequate response is not received or if HerbalGem deems the information it possesses insufficient.
ARTICLE 5 - PAYMENT
5.1. General Information
The Buyer agrees to pay the full amount for all Products upon placing the Order. Under no circumstances may the sums paid be considered as a deposit or down payment.
All orders are payable in EURO.
The Buyer pays for their Order by credit card via the payment service provider Stripe. The credit cards accepted on the Site are: Carte Bleue, Visa, and MasterCard.
Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
The Buyer warrants to HerbalGem that they have all the necessary authorizations to use the payment method chosen when placing their Order. HerbalGem reserves the right to suspend or cancel any Order and/or delivery in the event of non-payment or partial payment of any sum owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud related to the use of the Site, including in connection with previous Orders. Delivery of any new Order may be suspended in the event of late payment for a previous Order.
Once payment is made and the order confirmed, the buyer will receive an order confirmation email with the corresponding invoice. They can also download the invoice from their customer account or request it by emailing comptabilite@pranarom.com.
5.2. Transaction Security
Bank transactions made by the Buyer on the Site are secured by the Stripe payment system. When paying for their Order, the Buyer accesses the secure platform and servers of the payment solution provider. The Buyer understands and accepts that the payment provider is a third party to HerbalGem and has its own terms and conditions of use, separate from those of HerbalGem . All information exchanged for payment processing is encrypted using the payment solution provider's SSL protocol, which has assured HerbalGem that all such data cannot be detected, intercepted, or used by third parties. Therefore, HerbalGem cannot be held liable for any data breach caused by the third-party provider.
To ensure the security of payment by bank card on the Site, the Buyer must transmit to HerbalGem 's payment solution provider the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.
ARTICLE 6 - DELIVERIES – DELIVERY COSTS – DELIVERY METHODS AND LOST PACKAGES
6.1. General Information
Products ordered by the Buyer in accordance with these Terms and Conditions will be delivered to the address indicated by the Buyer at the time of placing the Order as the delivery address for the relevant Order. Delivery is only and exclusively possible within the Territory.
The Buyer has the choice between the following delivery methods:
|
Express home delivery |
Delivery to a collection point |
|
|
Delivery time indicated by the carrier |
Between 24 and 72 business hours |
Between 4 and 6 working days. |
|
Price |
€7 (VAT included) Available with purchases of €50 or more. |
€4 incl. VAT Available with purchases of €35 or more. |
|
Carrier |
Chronopost |
Chronopost |
If the package is collected or received by a third party not named on the shipping document, they must present a duly executed power of attorney, the Buyer's identification, and their own identification. Delivery will be considered complete upon signature of the shipping document by the Buyer or the authorized third party.
6.2. Delivery methods to collection points
For deliveries to a collection point, the Buyer must present identification to the merchant upon receipt of the package. The Buyer then confirms receipt by signing (electronic signature if applicable). The collection point will hold the package for 14 (fourteen) days. After this period, the package will be returned to HerbalGem .
If delivery to the designated pickup point is impossible, Chronopost may deliver the package to the nearest available pickup point, after notifying the Buyer. No refund for the delivery service will be issued in this case.
6.3. Delivery Anomalies
The Buyer is required to check the condition of the packaging and the conformity of the Product upon receipt of the Order. Any anomaly concerning the delivery (damage, open package, damaged package, broken or damaged products, etc.) must be clearly indicated on the delivery note as "handwritten reservations," accompanied by the Buyer's signature. The Buyer must immediately report the anomaly to HerbalGem Customer Service so that a claim can be filed with the carrier responsible for the delivery.
HerbalGem will send the replacement Product(s) to the Buyer at HerbalGem 's expense.
In the event of a delivery delay exceeding seven (7) days, the Buyer must inform HerbalGem Customer Service as soon as possible via the contact form. HerbalGem Customer Service will then forward the information to the relevant carrier to initiate an investigation. This investigation may take up to thirty (30) business days from the date it is opened. If the package is located during this period, it will be immediately reshipped to the Buyer's address or the selected pickup point.
If, however, the package is not found after a thirty (30) day investigation period, the carrier will consider it lost. In this case, HerbalGem will contact the Buyer to offer a refund or reshipment of the Order in question. If one or more of the lost Products are no longer available, HerbalGem may refund the Buyer the amount corresponding to the Product and reship the remainder of their Order.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with Article L.221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the day on which he/she takes physical possession of the Order (or a third party designated by him/her other than the carrier), to cancel the purchase, without penalty and without giving reasons.
According to Article L.221-21 of the French Consumer Code, the Buyer must inform HerbalGem of their decision to withdraw from the contract before the withdrawal period expires. To do so, the Buyer may:
- Either use the withdrawal form template;
- Alternatively, you can make another unambiguous statement setting out your decision to withdraw from the contract by post to the following address: - by email to the following email address order@pranarom.com – or by telephone by calling Customer Service at the following number: +33 3 20 07 75 15, from Monday to Friday from 8:30 a.m. to 6 p.m., excluding public holidays.
HerbalGem will promptly communicate to the Buyer an acknowledgement of receipt of the withdrawal decision.
The Product(s) for which the Buyer has exercised his/her right of withdrawal must be returned to the following address: SA PRANAROM INTERNATIONAL – Consumer Service – 37 Avenue des Artisans – 7822 Ghislenghien – Belgium; the shipment must be accompanied by the delivery note and the invoice.
The Buyer must return their Product no later than fourteen (14) days after communicating their decision to withdraw.
The burden of proof regarding the exercise of the right of withdrawal in accordance with this article rests with the Buyer.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be granted in the case of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.
The costs of returning the Products will remain the responsibility of the Buyer.
Returning all ordered Products will result in a full refund of all sums paid by the Buyer, i.e., the purchase price of the Product(s) and any applicable delivery charges. If the original Order amount entitled the Buyer to a benefit (free delivery, gifts, etc.), the refund for the returned Products will be subject to a deduction of the corresponding benefits.
The refund will be made within a maximum period of fourteen (14) days from the date HerbalGem receives the returned Products.
The refund will be made via the same payment method used by the Buyer when placing their Order.
ARTICLE 8 – GUARANTEES AND RETURNS
The Buyer has two (2) years from the date of delivery of the Product to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the Buyer is only required to establish the existence of the lack of conformity, not the date on which it appeared.
In order to exercise the aforementioned legal guarantees, the Buyer must contact HerbalGem
- using the claim/return form template;
- by sending HerbalGem an unambiguous statement requesting the implementation of the legal guarantees by post to the following address: or by email to the following email address order@pranarom.com or by telephone by contacting Customer Service at the following number: +33 3 20 07 75 15, from Monday to Friday from 8:30 a.m. to 6 p.m., excluding public holidays.
The Product(s) for which the Buyer has exercised the legal guarantees must be returned to the following address: SA PRANAROM INTERNATIONAL – Consumer Service – 37 Avenue des Artisans – 7822 Ghislenghien – Belgium; the shipment must be accompanied by the delivery note and the invoice.
For Products that have been unsealed and/or used , HerbalGem reserves the right to refuse the return and refund. If HerbalGem has already refunded the Buyer, HerbalGem will be entitled to demand reimbursement from the Buyer for all payments made (including the Buyer's shipping costs).
Products that have been modified, repaired, integrated, or used improperly by the Buyer or any other person not authorized by HerbalGem are excluded from the statutory warranty. The warranty does not cover visible defects. The warranty does not apply to Products damaged during transport, which must be subject to the procedure outlined in Article 6.2 of the General Terms and Conditions of Sale.
ARTICLE 9 – LIABILITY AND FORCE MAJEURE
9.1. Responsibility
HerbalGem shall not be held liable for any Order if its failure to fulfill its obligations is attributable to the actions of a third party or to the fault of the Buyer. In general, HerbalGem shall under no circumstances be held responsible for any failures in the services of carriers.
HerbalGem disclaims all liability for indirect damages, whether foreseeable or not, arising from the use of the Site. Similarly, HerbalGem shall not be liable for any damages resulting from the use of the Internet, including but not limited to viruses, intrusions, data loss, or Internet service interruptions.
Any claim filed by a Buyer, including any Buyer, against HerbalGem must be made within 6 (six) months of the occurrence of the event that is the subject of the claim.
9.2. Force majeure
HerbalGem cannot be held liable for any failure to perform its obligations arising from a force majeure event, as defined by Article 1218 of the French Civil Code and by case law. Force majeure is understood to mean an unforeseeable and irresistible event, beyond the control of the parties, that renders performance of the obligation impossible.
Therefore, HerbalGem cannot be held responsible for delays or non-delivery resulting from strikes, postal delays or any other event beyond its control or any other case of force majeure.
The occurrence of a force majeure event will have the effect of suspending, in whole or in part, the obligations of the Parties affected by this force majeure event.
The Party affected by the force majeure event undertakes to notify the other Party as soon as possible of its occurrence and end.
ARTICLE 10 - PROTECTION AND PROCESSING OF PERSONAL DATA
HerbalGem may store and process personal data relating to its Buyers and Site users in order to perform tasks related to its business. These users understand and accept that the processing of personal data is necessary to handle various requests. Some of this data may be transferred to companies involved in the delivery of the Products.
The conditions for collecting and processing Buyers' personal data are specified in the Personal Data Charter, which can be consulted on the Site.
In accordance with Articles L.223-1 et seq. of the Consumer Code, HerbalGem informs the Buyer that he/she has the option to register free of charge on a telephone solicitation opt-out list BLOCTEL ( www.bloctel.gouv.fr ) in order to no longer be contacted by telephone by a professional, except in the case where such solicitation occurs within the framework of the execution of a current contract and has a connection with the subject of that contract.
ARTICLE 11 - INTELLECTUAL PROPERTY
The Site is the sole and exclusive property of HerbalGem . The Site and all of its content, including text, still or animated images, databases, programs, etc., are protected by copyright. HerbalGem owns and/or has the right to use all rights relating to the logos, trademarks, distinctive signs, text, illustrations, photographs, images and videos, as well as the databases and software used in the operation of the Site.
HerbalGem remains the sole owner of the intellectual property rights relating to the Products, packaging, and containers. The rights of representation, reproduction, marketing, and distribution of the Products belong to HerbalGem .
Any reproduction, in whole or in part, modification, or use of the trademarks, illustrations, images, logos, or any other content of the Site for any reason and on any medium whatsoever, without the express, prior written consent of HerbalGem or the relevant intellectual property rights holder, is strictly prohibited. The same applies to all copyrights, designs and models, and patents appearing and/or used on the Site.
ARTICLE 12 – INDEPENDENCE OF CLAUSES
In the event that any provision of these Terms and Conditions is declared null and void or unenforceable in any way or for any reason whatsoever, the Parties agree to consult with each other to remedy the cause of nullity. The invalidity of one clause of these Terms and Conditions shall not invalidate the other clauses of these Terms and Conditions.
ARTICLE 13 – TOLERANCE - WAIVER
The failure of either Party to enforce any breach by the other Party of any of the obligations referred to in the General Terms and Conditions shall not be deemed a waiver of the right to subsequently enforce the obligation in question.
Furthermore, no waiver of any provision of the General Terms and Conditions or right arising from the General Terms and Conditions shall have any effect unless it is in writing and signed by the waiving Party.
Furthermore, the waiver of any right arising from the General Terms and Conditions or a provision of the General Terms and Conditions in certain circumstances shall not constitute a waiver of the right to subsequently exercise said right or provision.
ARTICLE 14 - AMENDMENTS TO THE TERMS AND CONDITIONS OF SALE
HerbalGem reserves the right to modify and update the content of these Terms and Conditions at any time without prior notice, at its sole discretion. The provisions of these Terms and Conditions will continue to apply to Orders placed before their modification, and the modified Terms and Conditions will apply to any Order placed on or after the effective date of the modified Terms and Conditions.
To be informed of any such changes, Buyers agree to review the applicable Terms and Conditions when placing an Order on the Site. Each Order implies acceptance of the Terms and Conditions, it being understood that the Order will be subject to the Terms and Conditions in effect at the time the Order is placed.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions and the contract to which they apply are governed by French law.
In the event of difficulties in the application of this contract, the Buyer shall first contact HerbalGem in order to seek an amicable solution.
In accordance with the provisions of Articles L.612-1 et seq. of the Consumer Code and subject to a prior complaint addressed by the Buyer to HerbalGem which has remained unsuccessful, the Buyer has the possibility of resorting free of charge to a consumer mediation procedure within one year from the initial complaint, by contacting [contact details of the competent consumer mediator].
The Buyer also has the option of contacting the European online dispute resolution platform available via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR . This platform aims to offer consumers amicable dispute resolution procedures provided by entities qualified to handle disputes between consumers and businesses or liberal professions located in the European Union.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the competent French courts, unless otherwise provided by law.
Last updated on 10/07/2023
Appendix - Sample withdrawal form
( Please complete and return this form only if you wish to withdraw from the contract .)
To the attention of SARL Pranarôm France, 253 Boulevards de Leeds – Immeuble le Leeds – 59777 Lille – France – [email address]:
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on (*)/received on (*):
Name of consumer(s):
Consumer address(es):
Signature of the consumer(s) (only if this form is submitted on paper):
Date :
(*) Delete as appropriate.
