Article 1 FORMATION OF THE CONTRACT
1.1. These Terms and Conditions form a legally binding contract between ORVEDA and the Customer.
1.2. By using the Website, Customer affirms that he or she is at least 18 years of age and is fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Article 2 PRODUCTS
2.1. The Products available on the Website, and any samples thereof ORVEDA may provide to Customer, are for personal use only. The Customer may not sell or resell any of the Products or samples thereof, purchased or otherwise received from ORVEDA.
2.2. ORVEDA takes the utmost care and diligence in the presentation and description of the Products. If despite the care taken, errors or omissions occur, ORVEDA shall not be liable to the Customer. In any case, ORVEDA reserves the right to correct any errors, inaccuracies or omissions (including after an Order has been submitted) and to change or update information at any time without prior notice. This does not affect Customer’s right of cancellation or in respect of returns under clause 7.
2.3. ORVEDA Products offering is valid until they are visible on the Website. ORVEDA reserves the right to change at any time and without notice the Products offered for sale on the Website.
2.4. The Products are offered for sale within the limits of available stocks. Errors or changes may exceptionally occur, especially in the case of simultaneous orders of the same product by several customers.
In the event of unavailability of a Product after placing the Order, ORVEDA will notify the Customer by email as soon as possible, offering the possibility to order another article featured on the Website for replacing it, or cancel the Order with a full refund. ORVEDA is not liable in case of shortage or unavailability of Products.
2.5. Products and promotions offered on this Website may not necessarily be available elsewhere and vice versa. Offers are only available subject to their specific terms and conditions shown on the Website.
2.6. All material and information contained in the Website regarding the Products is intended to be used for personal, educational or informational purposes only. The statements made about Products by ORVEDA have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Article 3 PRICES OF THE PRODUCTS
3.1. The prices of the Products are as set out on the Website and expressed in Dollars. The price of the Products appearing on the Website does not include the cost of delivery. ORVEDA reserves the right to change prices without prior notice at any time.
3.2. Delivery costs are indicated in the course of placing the Order. Delivery costs depends on the Products ordered, service delivery and country/state of delivery choosen by the Customer.
3.3. Delivery outside the UK may be subject to import duties and taxes. ORVEDA proposes to the Customer to prepay the import taxes and customs duties that may be levied by the delivery country, and any disbursement fees, advancement fees or similar fees that may be imposed by any intermediary or the customs authority of the delivery country. Estimated import fees are indicated in the course of placing the Order. The above mentioned import fees do not include any local taxes that a tax authority in the country of delivery may levy after the import or apply in respect of the purchase, the Customer remaining responsible for the payment of such taxes if applicable.
3.4. Every effort is made to ensure that prices, delivery costs and possible taxes mentioned on the Website are as accurate as possible at the time the Order is placed. If an error occurs, ORVEDA will notify the Customer by email as soon as possible, offering the possibility to reconfirm the affected Order at the correct price or cancel the Order with a full refund.
Article 4 ORDERING PROCESS
4.2. Any user name, password or any other piece of information that the Customer may use in the Website as part of security procedures, must be treated as confidential, and not be disclosed to any third party. The Customer accepts that its account is personal and agrees not to provide any other person with access to the Website or portions of it using its user name, password or other security information. The Customer must notify ORVEDA immediately of any unauthorized access to or use his/her user name or password or any other breach of security
4.3. While browsing on the Website, the Customer may at any time select any Products of his choice by clicking on the button “add to bag”. Once his selection is made, the Customer may access to his bag by clicking the button “view my bag”.
4.4. If the Customer has not already been identified by means of the login and the password communicated during the creation of his account, he will be invited to do so.
4.5. A summary of the Order (nature, quantity and the price of the Products, estimated delivery costs, import fees and the total amount of the Order, delivery and billing addresses) appears on the screen. Once these information are checked by the Customer, and modified if necessary, the Customer is asked to accept the entirety of these Terms and Use by clicking on the box labeled “I accept these General Terms and Use of Sale” and is invited to confirm the Order details by clicking the button “Place Order and Pay”.
4.6. If mandatory information is missing, the Customer will be asked to modify/complete the affected information.
4.7. The Customer will then be asked to confirm a final order by clicking the button "Place order with the obligation to pay".
4.8. The Customer may correct any errors or modify the Order up to the point at which he clicks on the button "Place order with the obligation to pay” on the final page of the ordering process.
4.9. The validation of the Order constitutes a digital signature which is of the same value that a handwritten signature. It has a proof of completeness and of full acceptance of the said Order, as well as of the Customer’s engagement to pay to ORVEDA all due amounts related to the Order.
4.10. The contract of sale of Products is concluded between ORVEDA and the Customer at the moment the Customer receives the final confirmation of the Order.
4.11. Once completed, the Order is transmitted for processing.
4.13. A summary of the Order will be sent to the Customer via email. The acknowledgment will include descriptions of the selected product, quantity, price, taxes and the delivery costs.
Article 5 PAYMENT
5.1. Any Order placed on the Website will be processed as well as it is payment that must be paid immediately.
5.2. The shipment of the Products only takes place once the payment of the price has been made in full by the Customer.
5.3. The different means of payment are indicated on the Website.
5.4. In case of unavailability of certain Products ordered (see Clause 2.4), only the price, delivery costs and import fees for the Products that are available will be debited.
Article 6 DELIVERY
6.1. Products purchased on the Website can be delivered in all states listed therein.
6.2. Products are shipped to the address of delivery provided by the Customer during the ordering process. The shipping options available and the estimative delivery times are provided to the Customer during the ordering process.
6.3. Products will be delivered within 30 days maximum counting from the day following the placement of the order by the Customer, provided payment has been made in full immediately.
6.4. The delivery of the Products shall be deemed to have occurred as soon as the Products are made available to the Customer by the transporter, based on the information issued from the transporter control system.
6.5. It is incumbent to the Customer to check immediately on receipt of the Products that those Products have been delivered in the expected condition. Should it not be the case, the Customer must indicate on the delivery slip the reservations on any discrepancies (open package, product damage, etc.). The Customer should immediately inform ORVEDA by email (address indicated in Clause 7.2). In the absence of reservations by the Customer, the Products are deemed to be in conformity and have been delivered in good conditions.
6.6. In the event of non-compliance with the stated delivery date, the Customer can cancel the Order after a formal notice giving ORVEDA a reasonable additional time to execute the Order. In case of cancelation of the order, ORVEDA will reimburse the full payment made by the Customer within 14 days.
Article 7 RETURNS AND REFUNDS
7.1. The Customer has the option to notify to ORVEDA his will to return any Products ordered on the Website within 14 days from the date of delivery.
7.2. The Customer has to fill in the withdrawal form (available on the Website and communicated by email with the summary of the Order sent to the Customer via email) and send it back to ORVEDA customer’s service or by email indicated below:
ORVEDA Limited, 1-5 Wandsworth Road, 3rd Floor, London SW8 2LN, United Kingdom, [email protected]
7.3. The Customer has to return the Products within 14 days from the date of notification of the withdrawal form. All return postage costs are borne by the Customer. Products must be returned in their original condition and packaging, accompanied of the completed withdrawal form to the address indicated in Clause 7.2. The Customer must take all reasonable care to ensure that the Products are not damaged in the meantime or in transit.
7.4. If the above-mentioned conditions are fulfilled, ORVEDA will reimburse the Customer within 14 days after receiving the Customer’s notification concerning his will to return the Product(s). The reimbursement will be withheld until the returned Product(s) are received by ORVEDA. The delivery costs being fixed, the delivery costs will be refunded only in the case where the Customer returns the totality of the Order.
Article 8 PROPERTY
The Products ordered are the property of ORVEDA until the full payment is received by ORVEDA.
Article 9 WARRANTIES AND LIABILITY
9.1. The Customer benefits from the legal guarantee of conformity and the guarantee against the hidden defects.
9.2. When acting on the ground of the legal guaranty of conformity, the Customer:
- may act within two years from the delivery of the Products;
- may choose between the repair or replacement of the Products, subject to the cost conditions provided by the applicable regulation;
- is exempt from proving the non-conformity of the Products during the 24 months following the delivery of the Product.
The Customer may decide to implement the guarantee against the hidden defects. In this case, the Customer may choose between the cancelation of the Order or the reduction of the price.
Article 10 LIMITATION OF LIABILITY
10.1. In no case, ORVEDA will be held liable for any indirect, incidental, special or incidental, including, without limitation, loss of profits, loss of profit or opportunity arising from the purchase of the Products on the Website or the Customer’s use of the ORVEDA Website.
10.2. ORVEDA cannot guarantee and assure that:
- The Website is free of viruses, programs crash data, Trojan horses or other destructive material;
- That the information contained in the Website is accurate, complete or current.
10.3. Website may contain technical inaccuracies or other defects, ORVEDA does not guarantee the correction of these defects. ORVEDA expressly excludes all warranties of any kind, express or implied, including, but not limited to, any implied warranties of compliance appropriation of the Website or its contents to a usual or for a particular purpose, quality or lack of infringement thereof to any provision.
10.4. Customer’s use of the Website, its content and any services or transactions made through the Website are made at the Customer’s own risk. The Website, its content and any services or items contained in it are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. ORVEDA does not give any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website.
10.5. ORVEDA, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties' rights, and the warranty of fitness for particular purpose.
Article 11 EXCUSABLE DELAYS, FORCE MAJEURE OR NON PERFORMANCE
11.2. The estimated due date timely informed to the Customer of any performance affected by such an event will be extended by the period of time that ORVEDA is actually delayed. If the inability to perform or the force majeure circumstances extend for six (6) months, either ORVEDA or the Customer, at its option, terminate the affected Order without penalty and without being deemed in default or in breach thereof and Customer will pay ORVEDA for Products delivered and services performed prior to termination.
Article 12 GENERAL PROVISIONS
Article 13 COMPLAINT
13.1. In the event the Customer has a complaint regarding a Product purchased from ORVEDA, the Customer is invited to contact ORVEDA customer’s service at the address indicated in Clause 7.2.
Article 14 APPLICABLE LAW AND JURISDICTION