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Orlane

Sales Terms

1. DEFINITIONS

« Client(s) » defines the visitors of Site and placing an order for personal use.
« Terms of Sale » defines the current terms for products sold on Site.
« Orlane SA » stands for Orlane. with main address at Orlane SA. . 12-Rond Point des Champs Elysées 75008 Paris France owner of the brand Orlane and manufacturer of the product sold on Site.
« eBrand Commerce » stands for eBrand Commerce, Inc. is a US corporation with a capital of $300,000 listed at the Paris Commerce and Company Registry  with the ID B 534 190 822  at 25, rue de Ponthieu - 75008 Paris - France | Tél : +33 9 77 19 94 97. Orlane has chosen eBrand Commerce to set up and manage the Site. 
« Parties(s) » define(s) separately or collectively Orlane and/or eBrand Commerce and/or Client(s).
« Products » define(s) the item(s) sold on Site per article 3 of this document. 
« Site » defines the online store accessible via the Internet at the address: www.orlane.net 

2. SCOPE

The current Terms of Sale define the conditions applying for the purchase of products by Clients on Site, and the rights and obligations of the Parties associated with such a transaction.
This document defines every step necessary to place an order and its follow up between the Parties.
When placing an order on Site, Client acknowledges to have read and accepted without restriction the Terms of Sale. This acceptance does not require any signature from Client.
Visit of the Site is also ruled by the Legal Terms and Privacy Policy. Client acknowledges to have read and accepted without restriction the Legal Terms and Privacy Policy
It is specified that Client is able to save or print the Terms of Sale hereof without modifying them.
eBrand Commerce reserves its right to update the Terms of Sale at any time.
The Terms of Sale rules all orders placed on Site and supersede any other document, including any other sale term ruling physical stores or other distribution channels.

3. PRODUCTS

3.1 - Product Description

The Product proposed for sale are those displayed on Site at the time of visit with inventory availability. Orlane and eBrand Commerce do their best efforts to have the most accurate product description on Site in order to comply with the French consumer laws under Article L.111-1. However, the pictures presenting the Products are only descriptive and do not constitute a contract term, because the colors may vary based on Client’s computer screen.

3.2 – Product Availability: Products are proposed until inventory lasts. No warranty is provided on availability on products displayed on Site at a given time. In case a product may become unavailable while placing an order, Client will be informed as soon as possible by e-mail that the order is cancelled or partially cancelled.

4. PRICE

The price of Products is displayed on Site in Euros including French VAT, but does not include the price of shipping which will be displayed during the checkout process.
In case the Product(s) is (are) shipped outside of France, the V.A.T. price will update during the checkout process after the country of delivery is chosen. If shipping in the UE, the update will match the V.A.T. of the country chosen. If shipping outside the UE, the VAT will be deducted of the price and the client may have to pay the taxes of its shipping country at time delivery to the delivery personnel.
The shipping price is calculated based on the shipping country of Client and the method of shipping (standard or express).
The price billed to Client is displayed on it order confirmation sent by e-mail and available on Site.
Orlane and eBrand Commerce reserve the right, and Client accepts, to modify Product and Shipping prices at any time. These updates shall not modify prices of orders placed before the change.

5. PROPERTY TRANSFER

Product property is transferred to Client only after full payment by Client on Site. Then the risk of delivery loss are barred by Client, this is including loss, thief, breakage.

6. ORDER PROCESS 

6.1 – Site visit: Client may navigate Site to view Products with no obligation to buy.

6.2 – Placing an order: it is specified that sales are restricted to personal use of Client and not related to resale or professional activities. Orders are limited to a maximum quantity of 5 for a product in the same color and size by order, and total price for an order of a maximum of 1500€TTC.

6.3 – Country of delivery: Client may place an order on Site only for delivery in one the countries proposed on Site. Any other country will be rejected.

6.4 – Final order validation: Client needs to accept the Terms of Sale on the order approval before entering payment details and confirm order.

6.5 – Order confirmation: the order will be considered final and paid once Client receives an e-mail confirmation of shipment.

7. PAYMENT

Client shall pay its order after approval on Site. Client shall pay with its credit card (Bank Card, Visa, Mastercard, American Express). Credit card payment requires entry of card number, expiration date, and visual cryptogram (3 or 4 digit on the back of card). No check payment or any payments on delivery are accepted.
eBrand Commerce and/or Orlane reserves the right to cancel any orders based in case of fraud risk estimation, suspicious activities, history of Client, payment issues.
Client guarantees it has full right to use payment method used on Site to place an order. In case the payment method is rejected by the bank system or Paypal, order will be automatically cancelled.
Client is invited to print the summary of the order. The information related to Client order are registered and stored on Site by eBrand Commerce and its bank. This transaction registry will be considered by the Parties to be the proof of transaction.

8. DELIVERY

Products are delivered by La Poste, Chronopost, Personal Carrier or UPS depending of Client choice of shipping method during check out.
For all orders placed before 10am French time on any business days, the Product(s) ordered will be shipped same day if inventory is available and payment confirmed.
The price and delivery timing are detailed on this page: click here .
Delays do not constitute any Client right for indemnification.
Site reserves the right to refuse delivery to the following type of addresses:
-       Hotel, country club or equivalent type of lodging
-       Post office delivery
-       PO box
-       Non permanent or fixed residence like RV, mobile home, camping site or equivalent type of lodging
Client shall verify Products upon delivery. Any issue related to defective, damaged or missing Product(s), or delays must be indicated to the delivery personnel and notified by e-mail to customer@orlaneskincare.com in a timely manner. Passed 15 days following the date of delivery without Client notification, Product(s) will be considered delivered, complete and non-defective.
If Product(s) is (are) missing, an investigation with the shipment carrier might take up to 21 business days. In case Product(s) is (are) found, it (they) will be shipped to Client at the delivery address of the order as soon as possible. In case Product(s) is (are) not found, Site will ship the missing Product(s) at its own cost to Client.
In case Product(s) is confirmed defective by Site, Client may return Product(s) by following the return process described here . Client may choose Product(s) replacement or refund.

 9. RIGHT TO CANCEL

Based on French consumer code, Client has the right to cancel or return part or entire order within 14 days from the day of delivery of the order.
Product(s) must be returned in original conditions and original packaging and Client must follow the return process defined in return section of Site.
The return shipping costs are paid by Client and are not refundable, we do not accept any shipment with payment by recipient. If it is proven that the product(s) had a defect or delivered with a picking error, the Site refund a fixed amount for return shipment of 10€ for shipment from France, or 20€ for shipment from other countries. Any risks of return shipment prior to delivery at Site’s warehouse are at Client risk.
If order was including gifts, Client must return gifts, or Site will deduct value of gifts.

10- LIMITED RESPONSIBILITY

Orlane and eBrand Commerce are only responsible for an obligation of means. The Client remains solely responsible for the appropriateness and fit to its needs and usage of articles ordered.
Orlane eBrand Commerce and can not be held liable for non compliant use of products.
Orlane and eBrand Commerce can not be considered responsible for (i ) loss , alteration or fraudulent personal Customer data access , (ii) the accidental transmission of viruses or other harmful elements resulting from access to the Internet or e-mail transmissions .
Orlane eBrand Commerce and do not warrant that the Site will be available continuously without temporary interruption, suspension or error free.
Without limiting the other provisions of the Terms of Sale, Orlane and eBrand Commerce responsibility can be accepted only if a fault is proven attributable exclusively Orlane and eBrand Commerce. In any event , it will be limited to direct damage
Orlane and eBrand Commerce reserve the right to suspend the operation of the Site.

11- PERSONAL DATA

In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. You agree that any content, images, video, etc. submitted by you will not violate the "prohibited uses" section above.

If you respond to us with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed our property, and your submission of information shall constitute an irrevocable royalty-free assignment to us of all worldwide rights, titles and interests in and to such information. We will not be liable for any use or disclosure of such information. We will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
However, our use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding our protection of your personal information, please refer to our Privacy Policy page.

 12- FORCE MAJEURE

Orlane and eBrand Commerce cannot be held liable for the total or partial non-performance of its obligations to, if such non-performance is due to unforeseeable circumstances or the occurrence of an element of force majeure as including, without this list is not exhaustive, flood, fire, storm, lack of raw materials, transport strike, or partial strike or lockout. These events are a cause for suspension and / or termination of obligations Orlane and eBrand Commerce to the Client, without compensation to the Client.

13. INTELLECTUAL PROPERTY

Intellectual property rights of the products sold on the Site are and remain the exclusive property of Orlane. All usage rights are expressly reserved to Orlane. Under these conditions, no one is allowed to reproduce, distribute or use for any purpose whatsoever, even partially, the intellectual property rights without the prior written consent of Orlane. The trademarks and logos are trademarks of Orlane. Any reproduction is therefore an infringement.

14. COOKIES

The Site may place a "cookie" (alphanumeric identifier) in the hard disk of the computer of the Client and for the sole purpose of being able to recognize its forthcoming consultation on the Site. Client may oppose the registration of "cookies" on its hard disk by not accepting cookies on its browser. To this end it is recommended to refer to the instruction manual ("help" section of the toolbar of the browser) of its Internet navigation software or take any useful information from the publisher said software.

15. SEVERABILITY

If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions.

16. GOVERNING LAW

These Terms of Sales and the contractual relations between the parties are governed by French law. Any dispute arising from the application or interpretation of the Terms of Sales is the exclusive jurisdiction of the courts of Paris, France.