ARTICLE 1: DEFINITIONS

HEAD BALANCE: this term refers to the company HEAD BALANCE, registered under number 448 850 503 on the Strasbourg Trade and Companies Register.
Telephone: 03 88 72 50 41. E-mail: info@head-balance.com

PRODUCT(S): this term refers to the cosmetic products marketed by HEAD BALANCE available for sale on the WEBSITE.

BUYER: this term refers to the contractual party, the physical person who orders one or more PRODUCTS.

BENEFICIARY: this term refers to the BUYER of the PRODUCTS.

WEBSITE: this term refers to the Website: omoye.com on which the PRODUCTS are presented and sold to the BUYER. It is hosted by INCOMM, which has its head office at BORDEAUX.registered under number 448 850 503 on the BORDEAUX Trade and Companies Register.

ORDER: this term refers to the sales contract concluded between SARL HEAD-BALANCE and the BUYER.

PARTIE(S): this term refers jointly or separately to the BUYER and/or HEAD BALANCE.

ARTICLE 2: SUBJECT MATTER

These general terms and conditions of sale aim to define the terms and conditions by which HEAD BALANCE offers to market PRODUCTS to BUYERS. They enter into force from 1 January 2013.

Consequently, any ORDER of one or more PRODUCTS by BUYERS implies their unreserved acceptance and full prior adhesion to these general terms and conditions of sale which prevail over all other documents subject to specific conditions expressly agreed in writing by HEAD BALANCE.

The BUYER acknowledges having read the terms and conditions of sale prior to placing the ORDER.
HEAD BALANCE reserves the right to modify these general terms and conditions of sale at any time.

However, the terms and conditions of sale which apply to the ORDER of PRODUCTS by a BUYER on the WEBSITE are those accepted by the BUYER when placing the ORDER.

ARTICLE 3: AVAILABILITY OF PRODUCTS

In accordance with article L. 111-1 of the Consumer Code, BUYERS may, before placing the ORDER, read the main details concerning the PRODUCTS which they want to order directly on the WEBSITE.

In the case of BUYERS wanting to obtain qualified advice about the PRODUCTS, a Customer Service is available by telephone: 03 88 72 50 41

BUYERS will be informed as soon as possible in the event of PRODUCTS being unavailable when placing the ORDER. It will be possible for them either to modify their order or cancel it and obtain a refund within 14 days of payment.

ARTICLE 4: ORDERING PRODUCTS

In order to buy PRODUCTS, BUYERS must login to the WEBSITE and enter their e-mail address and password, or create an account into which they must enter their title, surname, first name, e-mail address and password.

An online PRODUCT ORDER results in:

Firstly: the sending by HEAD BALANCE of an ORDER confirmation and summary via e-mail,
Secondly: the sending by HEAD BALANCE of an ORDER consignment confirmation and summary via e-mail
Thirdly: the shipping by post of the PRODUCTS by HEAD BALANCE to the address indicated by the BUYER when placing the PRODUCT ORDER.
An ORDER is deemed to have been placed on the WEBSITE, and the general terms and conditions of sale accepted when BUYERS have confirmed their payment. The information registered by HEAD BALANCE and the secure payment service provider constitute proof of the nature, content and date of the ORDER.
The BUYER double-clicking on the title of the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and the acceptance of the general terms and conditions of sale (tick box) constitute the irrevocable and unreserved acceptance of the ORDER by the BUYER.

Notwithstanding the above, HEAD BALANCE reserves the right to cancel any ORDER by a BUYER with whom it already has a dispute concerning payment or any other legitimate reason concerning, in particular, the abnormal nature of the ORDER.
BUYERS may, at any time, track their ORDER in the “My Account/My Orders” space provided for this purpose.

ARTICLE 5: PRICES

The PRODUCT prices are expressed in Euros and are inclusive of VAT (incl. VAT).
VAT will be applied and indicated in the BUYER’s final ORDER validation step.

The PRODUCTS remain the property of HEAD BALANCE until full payment of the price.

ARTICLE 6: PAYMENT

The payment of the ORDER may be made online on the WEBSITE (head-balance.com) by credit card (Carte Bleue, Visa, Mastercard), cheque or bank transfer.
BUYERS must tick the box corresponding to their chosen payment method.
HEAD BALANCE reserves the right to suspend ORDER management and delivery in the case of non-payment or the refusal of payment authorisation.
HEAD BALANCE reserves the right to refuse or honour an ORDER from a BUYER who has not settled all or part of a previous ORDER or with whom there is a payment dispute.

HEAD BALANCE may not be held responsible for any embezzlement or fraudulent use of a payment method detected during the verification procedure. BUYERS guarantee HEAD BALANCE that they have the necessary authorisations required to use the payment method they have chosen for their ORDER.
Any fraudulent use of a credit card may not result in a refund by HEAD BALANCE. Product(s) remain the property of HEAD BALANCE until a PRODUCT ORDER has been paid in full.

ARTICLE 7: SECURITY OF PAYMENTS

Online payment by credit card is completely secure. The entire transaction is directed in encrypted mode towards the bank validation server in SSL mode (Secure Socket Layer). Therefore, you will be able to make your purchases in complete safety. Payment is made when ordering without any prejudice to your rights.

ARTICLE 8: SHIPPING & DELIVERY

Products are delivered all the world, following the address provided when ordering. It is the responsibility of BUYERS to provide exactly all the indications needed to ensure the correct delivery of their order.

With HEAD BALANCE using the postal services (Colissimo), delivery time is the one announced by the postal services (48 hours) plus 7 days.
Any incorrect or missing information in the delivery address and/or the identity of the BUYER frees HEAD BALANCE from the responsibility of delivery within the timescale mentioned above. After receiving information about any correction of the address or identity, SARL Head-Balance will do its utmost to ensure delivery as soon as possible.

On receipt of the ORDER, the BUYER is required:

To formulate any reserves and complaints to the postal services’ representative or to refuse the package if it is suspected that it has been opened or damaged.
Notify these incidents to Customer Services, the contact details of which are provided in article 3.
This must be done without delay and, by the very latest, within 3 working days from the date of receipt of the ORDER.

ARTICLE 9: WITHDRAWAL & NON-CONFORMITY

In application of the provisions of article L.121-21 of the Consumer Code, BUYERS benefit from a period of fourteen full days (14) from the date of delivery of their ORDER to return the PRODUCT(S) delivered for a refund. If the fourteen (14) days expire on a Saturday, a Sunday, or a public holiday, this period is extended to the first full working day. A withdrawal form is provided and may be requested by sending an e-mail to info@head-balance.com

It should be noted that the right of withdrawal is excluded for hygiene reasons if the product has been used by the BUYER.

The refund of the full amount of the sums paid will be made within a period of 14 days from the date the articles are received by HEAD BALANCE or until the consumer has provided proof of shipping, with the date retained being the first of these events.

All returns (whether as a result of non-conformity or the application of the right of withdrawal) must be sent to the following address: HEAD BALANCE, 20 rue de l'Etoile F - 67350 UHRWILLER, in their original packaging and in perfect condition for resale.

ARTICLE 10: GUARANTEES

In all cases, the BUYER benefits from the legal guarantees of conformity, the faculty of common law to incur procedures for hidden defects, as provided for in articles 1641 of the Civil Code and later, and the right of withdrawal. In the case of the non-conformity of PRODUCTS pertaining to the ORDER, or the delivery of PRODUCTS considered to have a hidden defect, HEAD BALANCE undertakes, following the BUYER’S choice, to either exchange the PRODUCT for an identical PRODUCT or of an equivalent quality and price subject to stock availability, or refund the price of the PRODUCT within a maximum of 30 days following receipt of the BUYER’S request.

In the event of a complaint, the BUYER, will contact Customer Services, the contact details of which are indicated in article 3.

With the exception of the specific case of non-conformity of PRODUCTS pertaining to the ORDER, product exchanges are not possible. If BUYERS change their minds and want to exchange a PRODUCT ordered for a new PRODUCT, they must, by virtue of their right of withdrawal (see article 5.6), return the PRODUCT. This will be refunded but not exchanged. In order to receive a new PRODUCT, the BUYER must place a new ORDER on head-balance.com.

ARTICLE 11: RESPONSIBILITY

HEAD BALANCE may not be held responsible for any indirect damages which may occur as a result of the purchase of the PRODUCTS.
HEAD BALANCE may not be held responsible for the non-implementation of the ORDER in the event of a shortage of stock or the unavailability of PRODUCTS resulting from a case of force majeure as defined by jurisprudence and French law.
Also, by virtue of the obligations of these general terms and conditions of sale, HEAD BALANCE may not be held responsible in the event of damages resulting from the use of the Internet, in particular viruses, intrusions, loss of data, and breakdown in the Internet service.

ARTICLE 12: INTELLECTUAL PROPERTY

The Website omoye.com is an intellectual work protected by Intellectual Property Law. Each of the elements which make it up (in particular brands, logos, photographs, images, illustrations, texts, slogans) are the exclusive property of HEAD BALANCE, which has the sole right to use the intellectual property rights and the associated rights pertaining to the personality.
Any full or partial reproduction and/or representation, use, adaptation or modification of the WEBSITE, or any of the elements which make it up, on whatever support, and in whatever format, for other purposes, in particular commercial ones, is strictly forbidden.
Any reproduction and/or representation of the WEBSITE, or any of the elements which make it up, must be subject to the prior and express agreement of HEAD BALANCE. The creation of hypertext links to the WEBSITE may not be implemented without the prior written agreement of HEAD BALANCE.

ARTICLE 13: COMPUTING & DATA FREEDOM

Data collected by HEAD BALANCE when BUYERS place ORDERS is necessary for processing ORDERS by HEAD BALANCE and its commercial partners.
In accordance with the Data Freedom Act No. 78-17 of 6 January 1978, BUYERS benefits from the right to access, rectify, delete and oppose their personal data. BUYERS may exercise this right by writing to HEAD BALANCE, Service Consommateurs, 20, rue de l'Etoile F- 67350 UHRWILLER with details of their surname, first name and address as well as the subject of their request.

Payment and delivery

> Payment methods

www.head-balance.com accepts payments by bank cards using the CM-CIC secure payment system by the CM-CIC bank, credit cards, cheques and bank transfers.

> Delivery address

The delivery is sent directly to the address of your choice. For example, if you want to receive delivery at your place of work, just modify the delivery address when placing your order (basket step 2).

> Delivery method

Delivery is ensured by the postal services. As soon as your payment has been confirmed, we will prepare and ship your order by Colissimo as soon as possible (excluding Saturday afternoons, Sundays and public holidays). When your order is shipped, you will receive a shipping confirmation e-mail with the Colissimo number for your parcel. With this number, you will be able to track the progress of your parcel on the Colissimo website: http://www.coliposte.net.

> Delivery times

Because of the use of the postal service’s Colissimo service the delivery time is 48 hours increased by 7 days for mainland France and 5 to 10 days for the other countries mentioned above. If you are not present when your postman passes, a delivery notification will be left in your letterbox. You will then have 15 days to collect your parcel from your post office.

Buyers will be informed as soon as possible in the event of products being unavailable after the order has been placed. They will be offered the choice of modifying their order or cancelling it and will obtain a refund within 30 days following their request.

> SATISFIED OR REFUNDED: You have 14 days to change your mind!

You may return any article ordered within 14 days subject to certain conditions (see general terms and conditions of sale article 9). According to your preferences, we will refund the full amount of the article or exchange it for another product.

> What are the conditions for returning an article?

Our return conditions are simple: we accept the return of all new articles within a period of 14 DAYS. All products must be returned as new in their original packaging, UNUSED, UNDAMAGED and, eventually, accompanied by the invoice for its purchase.

> Do I have to pay return costs and redelivery costs?

If you change your mind and return an article, the cost of the return of your products to: SARL HEAD-BALANCE 20, rue de l’Etoile – F – 67350 are payable by you.

Initial postal costs for deliveries outside of France will not be refunded. The cost of any articles that have to be resent will also be payable by you.

> How to return an article? To what address?

Articles for an exchange or refund must be returned SOLELY by post to the following address:

HEAD BALANCE
20, rue de l'étoile
F - 67350 UHRWILLER

Please package the articles with great care and return them to us along with the invoice and a letter specifying the reason for the return.

N.B.:
We remind you that it is NOT POSSIBLE to return articles to us via a parcel drop off point. No parcel shipped against postage due or against payment on delivery will be accepted.

> How long will it take to receive a refund?

We will process your request within an average of 10 days on receipt of your parcel and within a maximum legal period of one month.
We will refund you by cheque.

> If your order is not conform, you will be refunded in full or your product will be exchanged*.

*We will refund in full or we will exchange any damaged or faulty products on the basis of the price you paid.
If, despite all the care we take in preparing each parcel, your order does not comply with your request (product damaged during transport, faulty, etc.), we undertake to refund or exchange the products concerned.

> Damaged parcel or products

In the case of damage, please keep the damaged products and the box so that we can identify what happened. If possible, please send a photo by e-mail showing the damage incurred.

For information, note that any order received very damaged (visible damage on the box, parcel opened and closed again by the delivery service, etc.) may be refused by your postman.

If you accept a parcel that has been repaired or seriously damaged, we recommend that you check its contents in the presence of the delivery person and issue a reservation when accepting it.

> Faulty products

If you suspect that a product is faulty, contact HEAD BALANCE immediately on: 0033 3 88 72 50 41 with details of the problem. If the product is recognised as being faulty, we will exchange it or refund it as soon as possible.