1. Preamble

1. HODBV operates a B to C e-commerce space within its website www.HODBV.com. This service is reserved for consumers.

2. Any order placed via this online sales area implies prior consultation and acceptance of the present terms and conditions.

3. The customer has the option of saving and printing these general terms and conditions of sale using the standard functions of his browser or computer.

4. The customer declares that he has obtained from HODBV all the necessary information concerning the use of the online sales area and the quantitative and qualitative characteristics of the products.

5. The customer acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these general terms and conditions of sale does not require the handwritten signature of this document.

6. The customer also declares that the acquisition of the products is not directly related to his professional activity, and is exclusively intended for his personal, private and non-professional use.

7. As a consumer, the customer has specific rights, which would be called into question in the event that the products acquired within the framework of the website were in fact related to his professional activity.

8. The customer declares that he/she is of legal age or is an emancipated minor within the meaning of the Law of February 6, 1975 relating to civil majority, parental authority, legal administration, guardianship and emancipation, and that he/she has full legal capacity to enter into the present terms and conditions.

2. Definitions

The following terms shall have the following meanings for the parties:

- Order form": dematerialized document indicating the characteristics of the product ordered by the customer, which must be signed by the customer using the "double positive click" technique in order to be binding;

- Order number": number communicated by HODBV in the customer's order confirmation e-mail;

 

- "Contractual partner": any HODBV partner other than those involved in the order processing process, using personal data for commercial prospecting purposes;

- Product": the term "product" refers to cosmetics, dermo-cosmetics and nutritional supplements offered for sale on the HODBV online sales space.

3. Objet

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the sale of products offered by HODBV on its online sales space, accessible within its website www.HODBV.com.

4. Contractual documents

The contractual documents are, in order of priority:

- these terms and conditions ;

- the order form.

In the event of contradiction, the higher-ranking document will prevail.

5. Enforceability of general terms and conditions of sale

The version of the general conditions of sale binding on the customer is that appearing on the site at the time of validation of the order by the customer.

The various versions of the general terms and conditions of sale are archived by HODBV.

The documents appearing online in the HODBV online sales area take precedence over any paper version of an earlier date.

HODBV reserves the right to modify or withdraw these terms and conditions at any time.

These terms and conditions of sale are offered in French.

6. Presentation of products for sale

Pursuant to the provisions of the Law of August 14, 2000 on e-commerce, the HODBV e-commerce site, accessible at www.HODBV.com.com, includes the following information:

- the name of the seller of the product, its telephone number and the address of its registered office;

- the essential characteristics of the product offered for sale;

- delivery charges ;

- payment and delivery terms ;

- the existence of a right of withdrawal ;

- the period of validity of the offer and its price.

Prior to placing an order, the customer acknowledges having read all the information referred to in the first paragraph of this article.

7. Access to the online sales area

HODBV reserves the right, without notice or compensation, to temporarily or permanently close the www.HODBV.com website or access to one or more services such as the online sales area.

HODBV is not liable for damages of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the website or associated services such as the online sales area.

8. Protection of personal data

The information requested by HODBV, in particular on the order form, is required to process the order and may be communicated to HODBV's contractual partners, unless the customer objects by ticking the appropriate box.

The customer may write to HODBV's personal data department, whose contact details are given in the legal notice available online at www.HODBV.com, to exercise his or her rights of access and rectification with regard to the information concerning him or her contained in HODBV's files under the conditions laid down in the amended Data Protection Act of August 2, 2002.

In order to be able to update the personal data relating to the customer, the latter undertakes to provide at the request of the Company HODBV all the information which will be required of him.

9. Commande

9.1 Identification and acceptance of the general terms and conditions of sale

The customer wishing to enter into these general terms and conditions of sale undertakes to provide the information requested using the forms available online at www.HODBV.com.

The customer also certifies that the information provided is true and accurate.

The contractualization procedure comprises the following stages:

step 1 : referencing mandatory fields on identification and information forms ;

step 2: consulting the general terms and conditions of sale ;

step 3: acceptance of all general terms and conditions of sale using the "double positive click" technique. At this stage, customers can identify and correct any errors made in entering their data;

step 4: possibility for the customer to place an order ;

step 5: HODBV acknowledges receipt of the customer's order electronically and without delay.

The customer is hereby informed that these general terms and conditions are archived by HODBV, and that he/she may access the archived contract. To do so, they must send a registered letter with acknowledgement of receipt to the Company:

HODBV, B.P.M. 70022, 34, Parc d'activités Syrdall, L-5365 Munsbach (Luxembourg)

The customer indemnifies HODBV against any claim or action by a third party in respect of a registration that is unlawful under the terms of these general terms and conditions of sale.

9.2 Ordering

Orders placed by the customer are processed by means of dematerialized order forms.

Any order form signed by the customer by "double-clicking" constitutes an irrevocable acceptance, which can only be challenged in the cases exhaustively provided for in these general terms and conditions in the articles "Right of withdrawal" and "Execution of the order".

9.3 Confirmation of contractual information

Contractual information will be confirmed, in due course and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the customer on the order form.

This confirmation e-mail will include the following information:

- the address of the establishment of the person responsible for the offer where the customer can submit his complaints;

- the terms and conditions for exercising the right of withdrawal;

- information on after-sales service and commercial warranties;

- identification of transaction/order number ;

- the total amount of the order (including VAT and shipping costs) ;

- availability of merchandise ;

- delivery times and indicative shipping date.

It is the customer's responsibility to keep the contractual information received from HODBV on the medium of their choice.

9.4 Right of withdrawal

The customer has a period of 14 working days to return any unsuitable products at his own expense.

This period begins on the day the order is delivered to the customer.

If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The product must be returned to HODBV in its original packaging and the product must not have been unsealed or opened, so that the customer can benefit from the right of withdrawal.

The Product must be returned :

For France to HODBV, B.P.M. 70022, R.N. 18, Les Margolles, 54720 Lexy (France),

For Luxembourg to HODBV, B.P.M. 70022, 34, Parc d'activités Syrdall, L-5365 Munsbach (Luxembourg)

For Belgium to HODBV, B.P.M. 70022, 3, rue des 2 Luxembourg, B-6791 Athus (Belgium)

Pour l'Allemagne, à HODBV, B.P.M. 70022, Zum Bürgerwehr, 28, D-54516, Wittlich (Allemagne),

For the United Kingdom, to HODBV, B.P.M. 70022, 372 Old Street, EC1V, 9AU, London (United Kingdom),

For the United States, to HODBV, B.P.M. 70022, 8345 NW 66th Street # 2000, FL, 33166 Miami (United States)

This right of withdrawal is exercised without penalty, with the exception of the cost of return.

In the event of exercising the right of withdrawal, the customer may request reimbursement of the sums paid, subject to the reshipment of the products at the customer's expense. This reimbursement will be made as soon as possible and at the latest within 30 days following the exercise of this right.

9.5 Order processing

The order will be executed at the latest within an indicative period of 30 days from the day following that on which the customer placed the order.

In the event of unavailability of the product ordered, the customer will be informed as soon as possible and will have the option of cancelling the order and obtaining a refund of any sums paid, within 30 days of their payment at the latest.

In addition, HODBV informs its customer that in the event of unavailability of stocks, HODBV may temporarily close its online sales space and may indicate a date for the reopening of this space.

While the online sales area is closed, the customer will not be able to order products.

9.6 Delivery

Products are delivered to the address indicated by the customer on the order form.

When the customer orders several products at the same time, HODBV reserves the right to split shipments.

The customer may ask HODBV to send an invoice to his delivery address or to any other address of his choice.

9.7 Method of payment

To pay for an order, the customer has a choice of all the payment methods indicated on the order form.

When paying by credit card on this site, HODBV uses the security system provided by ATOS-OGONE and/or CETREL, service providers specialized in securing online payments. We guarantee total confidentiality of your banking information, secured by SSL (Secure Socket Layer) protocol, which automatically checks the validity of access rights when you pay by credit card, and encrypts all exchanges to guarantee confidentiality.

The credit card transaction between the customer and the secure system is fully encrypted and protected. This means that your order information and credit card number do not circulate unencrypted on the Internet. The customer's bank details are not stored by HODBV.

9.8 Order tracking service

From this service, the customer can access the following operations:

- activation of the right of withdrawal; possibility of cancelling the order in compliance with the conditions defined herein;

- consultation of the status of the order and the possibility of making complaints in the event of non-receipt of the product.

The aforementioned operations shall be sent by the customer to HODBV by e-mail form from the online store www.HODBV.com or by post to the following address: HODBV, B.P.M. 70022, 34, Parc d'activités Syrdall, L-5365 Munsbach (Luxembourg).

Any refunds will be made automatically upon return of the products ordered in their original packaging, and the product must not have been unsealed or opened, to the addresses mentioned in article 9.4, and will be sent to the customer by cheque or bank transfer.

9.9 Order cancellation

HODBV reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

10. Prix

The prices for ordering products are shown on the dedicated online sales area.

Prices are shown in euros, inclusive of VAT.

These prices do not include delivery charges, which will be indicated in addition to the price inclusive of VAT.

Prices include VAT applicable on the date of the order, and any change in the VAT rate will be automatically reflected in the prices of the products in the sales area.

In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. For certain products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. HODBV is not responsible for these charges. They shall be borne by the customer, who shall be entirely responsible for their declaration and payment to the competent authorities and/or organizations in his country.

All orders, whatever their origin, are payable in euros.

HODBV reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered.

11. Clause de réserve de propriété

The prices sold do not become the full and complete property of the customer until full payment of the price indicated on the order form.

By full payment of the price, the parties mean receipt by HODBV of the customer's payment, including charges and taxes.

12. Defective products

The customer is expressly informed that HODBV S.À R.L. is not the producer of the products presented on the Dermavia.lu website within the meaning of Law n°98-389 of May 19, 1998 concerning liability for defective products.

2. Consequently, in the event of damage caused to a person or property by a defect in a product presented on the Dermavia.lu website, the customer may only seek to hold the producer liable, on the basis of the information appearing on the product packaging.

13. Evidence agreement

The customer's "double-click" to accept these general terms and conditions of sale, and also the order form, constitutes an electronic signature which has the same value between the parties as a handwritten signature.

The computerized registers stored in HODBV's computer systems will be kept in reasonable conditions of security and will be considered as proof of communications, orders and payments between the parties.

Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

14. Password

The customer must have a password to be able to order in the online sales area;www.HODBV.com.

The customer is solely responsible for the preservation and confidentiality of his password.

The customer undertakes to take all necessary measures to ensure this complete confidentiality.

The customer undertakes to notify, without delay, any loss, forgetfulness or revelation, whether voluntary or involuntary, of his or her password to a third party.

This notification must be sent to HODBV and confirmed by registered letter with acknowledgement of receipt.

HODBV will interrupt access to the service and refuse any access or order under this password within 24 hours of receipt of the registered letter with acknowledgement of receipt. Only the date of delivery of the registered letter shall be deemed authentic between the parties.

15. Respect for the integrity of the elements accessible on the online sales space

The customer undertakes not to damage, illegally access or modify the data stored on the HODBV website.

16. Intellectual property rights

The elements belonging to HODBV, such as the website, trademarks, drawings and models, images, texts as well as the design of the product are the exclusive property of HODBV, or have been assigned to it.

The present general conditions of sale do not imply any transfer of intellectual property rights of any kind on the elements belonging to HODBV (sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos...) to the benefit of the customer.

The customer shall refrain from directly or indirectly infringing the property rights of HODBV.

17. Liability

The products offered comply with current French legislation.

HODBV cannot be held responsible in the event of non-compliance with the legislation of the country where the products are delivered (for example, in the event of a ban on a title, etc.). It is the customer's responsibility to check with local authorities about the possibility of importing or using the products or services you are considering ordering.

HODBV is only responsible for the content of the pages it sells online.

18. Independence of the parties

Neither party will make any commitment in the name and on behalf of the other.

Each party remains solely responsible for its actions, allegations and commitments.

19. Force majeure

Cases of force majeure will suspend performance of the online sales area.

20. Loi

These terms and conditions are governed by Luxembourg law.

This applies to both substantive and formal rules.