1 - Introduction

The company SPA DEVELOPPEMENT SARL (hereafter referred to as “SPA DEVELOPPEMENT” or “BE RELAX”) is a company with limited liability under French law and a capital of 1,000 euro registered on the register of commerce and companies of Paris (75) under registration number 493 766 083 R.C.S PARIS) which operates the brands “Be Relax” and “BR”. It markets products and accessories related to well-being. These conditions do not apply to the well-being services also offered by the company or to the sales of our products by distributors or at our points of sale in airports.

Any order placed on the website www.berelaxshop.com is subject to the present Terms and Conditions. These Terms and Conditions are intended on the one hand, to inform the consumer about the conditions and terms in which SPA DEVELOPPEMENT carries out the sale and delivery of the products ordered and on the other hand, to define the rights and obligations of the parties involved in the sale of products by SPA DEVELOPPEMENT to the consumer (“the Buyer”). They apply without restriction to all the sales and products offered by SPA DEVELOPPEMENT on its website www.berelaxshop.com (hereafter the “Website”).

SPA DEVELOPPEMENT adapts regularly its Standard Terms and Conditions online. The Buyer is invited to look at it the day of his order.
The Buyer, before his order, declares that:

• The purchase of products on www.berelaxshop.com has nothing to do with a professional activity and is limited to a strictly personal use;
• To have the full legal capacity that allows him to buy online and to respect these Terms and Conditions.

The sale contract is composed of these Sales Standard Terms and Conditions and the purchase order.

2 - Offers

2.1. Availability

The offers of products and prices are valid as long as they appear on www.berelaxshop.com and within the limit of stocks available.
The offers are valid subject to availability with suppliers and carriers. The Buyer will find indications on the availability of the products when he places his order. Since this information is provided directly by our suppliers, errors or modifications may occur exceptionally.

2.2. Marketing of the products

The offers are in conformity with the legislation and the applicable standards in France.
If the Buyer wants to export a product, he must check the specificity of the legislations of the concerned country as for the taxes, declarations, interdictions, etc…
SPA DEVELOPPEMENT cannot be held responsible in the event of non-observance of the legislation of the country where the product is delivered; it is up to the Buyer to ask to the local authorities the possibilities of importation and use of the products.

3 - The order

3.1. How to order?

Any order supposes the agreement to the present Sales Standard Terms and Conditions.

The Buyer can check the details of his order and can correct possible errors. When the Buyer confirms his order by clicking on the button “Confirm on”, he accepts with full knowledge of these Terms and Conditions, the prices, volumes and quantities of the products he orders.

The order validated by the Buyer will be confirmed to him by e-mail. The sale will be considered final only after receipt of this confirmation by the Buyer and once SPA DEVELOPPEMENT has collected the money in full.

SPA DEVELOPPEMENT recommends that the Buyer retains the information contained in the order confirmation sent by SPA DEVELOPPEMENT on a paper document or computer file.

3.2. Order information

The Buyer must check the exhaustiveness and the conformity of the information provided, particularly the delivery and billing addresses.

SPA DEVELOPPEMENT cannot be held liable for any errors in these data or the consequences thereof. In this context, the Buyer will be expected to pay any new or additional postage cost that might be incurred.

4 - Pricing and payment

4.1. Pricing

The prices are indicated in Euros and in American dollars on www.berelaxshop.com and are all inclusive of tax.

Postage costs are not included in the price but are invoiced in addition to the price of the products purchased, depending on the amount of the order. Postage costs will be indicated before the validation of the order by the Buyer.

SPA DEVELOPPEMENT reserves the right to modify its price-list at any time. The Buyer will be informed of the most recent price rates before placing each order. .

4.2. Payment

The Buyer must make payment online. The amounts paid cannot be regarded as deposits or payments in advance.

All the orders are payable in Euros or American dollars, all taxes and obligatory contributions included. Possible bank charges (such as exchange commissions) should be paid by the Buyer (including in case of refunding). Moreover, any additional costs related to taxes in the country of receipt or customs duties must be dealt with by the Buyer. The Buyer must make enquiries about any possible supplements related to the delivery of the products to another country.

The payments will be carried out by bank card.

Payments made to the order of a representative do not discharge the Buyer’s liability.

The Buyer guarantees SPA DEVELOPPEMENT he has the authorizations to use the method of payment that he chooses for his order.

SPA DEVELOPPEMENT reserves the right to suspend or cancel the performance of any order and/or delivery, whatever its nature and level of performance, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of payment incident, or in the event of fraud or attempted fraud relating to use of the www.berelaxshop.com Website.

The delivery of a new order may be suspended in the event of delay in payment or partial payment of a previous order, notwithstanding the provisions hereof.

SPA DEVELOPPEMENT reserves the right to require a photocopy of the Buyer’s ID card/passeport and/or, if necessary, debit/credit card (front only) for any payment by debit/credit card.

Within the framework of the fight against Internet fraud, information relating to your order may be passed on to any third party entitled by the law or indicated by SPA DEVELOPPEMENT for the sole purpose of checking the identification of the Buyer, the validity of the order, the method of payment used and the delivery.

In order to secure the payment by bank card, the Buyer will have to transmit to SPA DEVELOPPEMENT the control number (CVV/CVC) appearing in the back of the card used by the Buyer.

SPA DEVELOPPEMENT uses a secure payment site managed by the CIC bank. The security of the payment is based on the authentication of the Buyer, and on the confidentiality of the data. To guarantee this security, the payment process uses tested techniques of cryptography which meet the various applicable banking regulations in France.

5 - Delivery

5.1. Delivery terms

The products ordered (see Article 3 – above) will be delivered to the address indicated by the Buyer on the order form.

Purchase invoices will be sent to the e-mail address indicated by the Buyer during his registration process on www.berelaxshop.com.

If the Buyer does not respect the Sales Standard Terms and Conditions, no complaint will be accepted.

5.2. Features of delivery by Colissimo France

The delivery by Colissimo France is provided by the French Post office ‘La Poste’ according to its terms and conditions. SPA DEVELOPPEMENT cannot be held liable for any alteration to La Poste’s conditions.

The parcel is deposited in the Buyer’s letter-box or that of the recipient of the order. If the letter-box is too small, the parcel is delivered to the person’s place of residence either to the recipient, or, at the discretion of La Poste, to another person, in particular any person living and working in the intended recipient’s household who holds a power of attorney, or an identified third party.

When the parcel cannot be delivered for the reasons quoted previously (insufficient size of the letter-box and/or absence of the recipient), a calling card will be left at the intended recipient’s place of residence informing him that he will be able to pick up the parcel at the post office indicated on the calling card, within fifteen days.

At the end of this period, the parcel is sent back to the sender.

No claim relating to the delivery is possible if the parcel appears to have been delivered, according to La Poste’s information processing system (“tracking”).

If there is any apparent defect in the parcel (as a damaged parcel, opened parcel, traces of liquid, etc…), the Buyer or the recipient should not open the parcel but should return it unopened within five day to a post office and to make a “damaged goods report”. If the parcel has been opened, no claim may be made against La Poste. The Buyer is also invited to inform BE RELAX of the problem by calling SPA DEVELOPPEMENT head office: +331 44 13 76 94.

If the contents are defective (product missing, damaged product…), the Buyer or the recipient is invited to inform BE RELAX of the problem by calling SPA DEVELOPPEMENT head office.

  5.3. Features of delivery by Colissimo International

The delivery by Colissimo International is provided by the French Post office ‘La Poste’ according to its conditions. SPA DEVELOPPEMENT cannot be held liable for any alteration to La Poste’s conditions.

On delivery, a delivery note or an acknowledgement of receipt will have to be signed by the recipient. In the event of absence, the recipient will be left a calling card enabling him to pick up the parcel at the post office indicated on the calling card, within fifteen days. At the end of this period, the parcel is sent back to the sender.

The recipient is invited to check the visible condition of the products. If the recipient notes any apparent defect in the parcel (as damages, products missing compared to the delivery order, damaged or broken parcel or product…) in presence of the Post Office employee, he must apply the Colissimo procedure for reporting problems to La Poste, in particular by reporting the noted damage or missing items and expressing any reservations or complaints and refusing delivery and immediately issuing an official report to the Post Office employee (form n°170).

The Buyer or the recipient has 3 days from receipt of the order to notify the carrier, by registered mail with acknowledgement of receipt, of any incident relating to the condition or the contents of the delivered parcel. He is also invited to inform BE RELAX of the problem by calling SPA DEVELOPPEMENT head office.

5.4. Delivery times

Delivery times for a valid order (see Article 3 – above), are:
- Colissimo France: less than or equal to 10 workdays
- International Colissimo: less than or equal to 15 workdays

In the event these deadlines are overrun by more than 7 days and not due to a case of force majeure, the Buyer will have the possibility of cancelling his order by registered mail with acknowledgement of receipt addressed to BE RELAX – SPA DEVELOPPEMENT - 158 boulevard Pereire - 75017 PARIS FRANCE or by telephone to the +331 44 13 76 94.. Before refunding the undelivered order, SPA DEVELOPPEMENT will make inquiries from La Poste in order to find the reasons for non-delivery. SPA DEVELOPPEMENT could not be held responsible if La Poste does not respect the delivery times.

No claim for non-compliance or any other reason whatsoever will be allowed after 8 days from receipt of the goods, the delivery note being the authentic proof of date. Any unauthorized return will be refused. Where appropriate, a copy of the correspondence-mail sent to the carrier or the “damage report” should be attached to this request. We invite the Buyer to check (or to make check by the recipient) the apparent condition of the products on delivery.

6 – Right to cancel and cancellation period

In accordance with article L. 121-20 of the French Code of Consumption, the Buyer has 7 (seven) days as from receipt of the order by him or by the intended recipient, within which to return the order in full, at his own cost, and as he may choose to exchange the products or obtain a credit note or a refund on his order.

The products must imperatively be sent back to SPA DEVELOPPEMENT according the procedure described in the Article 7 - below.

7 – Product returns

The products delivered can be sent back by the Buyer to SPA DEVELOPPEMENT according to instructions detailed below. It is an absolute condition that any returned products must be returned to SPA DEVELOPPEMENT in perfect condition of resale or in their original condition (packaging, accessories, leaflet, etc.…), properly sealed and accompanied by the returns form signed by the Buyer.

BE RELAX accepts the return of any product bought on www.berelaxshop.com by mail if this one is sent within one month as from the date of reception of his order by the Buyer.

Costs of the initial delivery are not refunded to the Buyer except in cases related to delivery periods (see Article 5.4 above) or if the products delivered are not in accordance with the order.
In the event of an exchange of product(s), the expenses related to a new delivery are paid by the Buyer.

To send back a product, the Buyer must follow the following instructions:

1. Use the original package
   
2. Fill in and enclose the returns form. Any returns not accompanied by a returns form will be rejected.
   
3. Send the parcel by registered post with acknowledgement of receipt to the following address:
   BE RELAX - SPA DEVELOPPEMENT
   158 boulevard Pereire
   75017 PARIS
   FRANCE
   

In the event of any difficulty in interpretation between any of the titles of the articles and any of the provisions they introduce, the titles shall be deemed non-existent. In the event of any difficulty in interpretation between the French and English version of these Conditions, the French version will prevail.

9.4. Waiver:

If a Party breaches these conditions and the other takes no action, this one will still be entitled to use its rights and remedies in any other situation where a Party breaches these conditions.

10 – Privacy Notice

The personal information collected by BE RELAX during ordering is necessary for processing orders and may be used, subject to the rights exercised by the person concerned, for the purpose of informing the latter of the products or services provided by BE RELAX and/or its trade partners.

Under French Data Protection law n° 78-17 of January 6, 1978, as modified, the Buyer and the recipient of an order have a right to access, correct or remove their personal information, as well as a right to refuse processing of the said data for direct marketing purposes. By default, these rights are exercised through contacting BE RELAX: BE RELAX - 158 boulevard Pereire - 75017 PARIS - FRANCE.

When placing an order, the Buyer may also ask to be informed of the offers of BE RELAX by e-mail. He just has to click on the corresponding button.

If the Buyer no longer wishes to receive these promotional newsletters, he can inform BE RELAX thereof at any time by postal mail or by using the form available in the “Contact us” section at www.berelaxshop.com or by e-mail to: shop@berelax.com. If the Buyer encounters a problem on this subject, he should contact BE RELAX customer service.