1. INTRODUCTION
1.1. This document represents the Terms and Conditions of Use of the website „La Clinique”.
1.2. It is a mutually binding agreement signed between the customer and Aksesnet LLC (I/N412711123, Georgia, City Kutaisi, Ak.Tsereteli str. N 142)
1.3. Aksesnet LLC will be referred as “Aksesnet” in this Terms and Conditions Document, Privacy Policy and all other guidelines and instructions.
1.4. These Terms and Conditions of Use, any modifications made to it and other regulations of Aksesnet, represent a single document and should be considered as a whole agreement signed between La Clinique and the user. By registering on the website, the user acknowledges to have read, understood and agreed to be bound by these Terms and Conditions, Privacy Policy.
1.5. By creating an account on the website, the user can purchase products posted on La Clinique.
1.6. If the user does not agree with the content of La Clinique’s legal documents, he/she may not use the website, In case of additional questions, complaints and requests, the user can contact La Clinique via e-mail _________.
1.7. By creating an account on the website, the user can purchase products posted on La Clinique.
1.8. Each order placed by the user represents a separate purchase agreement, the parties of which are the authorized user of the website and Aksesnet LLC.
1.9. When placing an order, the subject of the purchase, its cost and address of delivery are generated.
2. TERMS
2.1. The terms used in this document are defined as follow:
2.2. „La Clinique” – (hereinafter “we”, “our”, “website”) – (I/N 412711123, Georgia, City Kutaisi, Ak.Tsereteli str. N 142)
2.3. User – a legal entity or a natural person who has reached the age of 18 (capable) who wants to purchase products posted on La Clinique.
2.4. User consent – user’s expressed consent to read and understand this document and process his/her personal data.
2.5. Third party – any natural or legal person, public institution.
2.6. Direct marketing – offering goods and services through mail, phone calls, e-mail or any other means of telecommunication
2.7. Registration – creating a personal account;
2.8. Account – personal page registered by the user on La Clinique.
2.9. A courier company – a company (or us) that delivers products purchased on La Clinique to customers.
2.10. Subcontractor courier company – a courier company that delivers products to the customer based on agreement signed with ” Aksesnet ” LLC.
3. REGISTRATION
3.1. „To place an order and purchase products on La Clinique, user needs to register on the website. For registration it is necessary to fill out the form indicating the following data::
3.1.1. Name
3.1.2. Address
3.1.3. E-mail
3.1.4. Login Password
3.2. The user can register on the website either when purchasing product or before that.
3.3. Before purchasing an item, user needs to sign in to the system by selecting “log in” from the website main menu.
3.4. User can gain access to the system through:
3.4.1. Social Network
3.4.2. Google
3.4.3. Email
3.5. The user acknowledges and warrants that:
3.5.1. Indicated information is complete and accurate;
3.5.2. He/she is an individual with legal capacity who has reached the age of 18;
3.5.3. He/she does not use another person’s identifiable information for registration on the La Clinique website;
3.5.4. He/she does not create a username that may harass, abuse or harm another person;
3.5.5. He/she does not use the website to distribute false information;
3.5.6. He/she does not attempt to use the website to impersonate other person, company or representative of the company;
3.5.7. He/she does not violate the rights of another person by acting against the law;
3.5.8. He/she does not use any device or software to obtain data from the La Cliniquewebsite and/or hinder normal functioning of the site;
3.5.9. He/she protects copyright and related rights and without owner’s prior express written permission does not make use of La Clinique information such as logo, pictogram, picture, graphic, image, patent, trademark, design and other intellectual property;
3.5.10. He/she does not use another user’s account;
3.5.11. He/she does not attempt to gain access to another person’s user credentials;
3.5.12. He/she does not take any action that can put at risk normal functioning and operation of the site;
3.5.13. He/she does not perform any action prohibited by applicable law, is against these Terms and Conditions and La Clinique’s Privacy Policy.
4. ORDER PLACEMENT AND PRODUCT URCHASING
4.1. After selecting the desired product and adding it to online shopping cart, new users will be requested to fill out the following information: e-mail, name, mobile number and address where product should to be delivered.
4.2. The user will be redirected to the payment page. To ensure smooth delivery of the purchased product, the user has to verify the address and contact information indicated by him/her, before making the payment. In case of providing incorrect/incomplete address and/or contact information, the customer bears responsible for delayed delivery..
4.3. The user will be able to check information about the purchased product on his/her account.
4.4. La Clinique reserves the right to refuse to process order or cancel it in case of suspected fraud, unauthorized or illegal transaction.
4.5. After making a payment the right of product ownership is transferred to the customer.
5. RETURN and EXCHANGE POLICY
5.1. aking into consideration La Clinique Return Policy, we give you possibility to return a purchased product, if:
5.1.1. you simply changed your mind to buy the product. This does not apply for the following cases:
a. If the purchased product is perishable or it has a short shelf life;
b. If the product is hermetically sealed, its hermetic seal was damaged after delivery, therefore it is not possible to return it due to health protection or hygiene reasons;
c. If supplied product, after delivery, according to their nature, inseparably mixed with other items;
d. The cost of the product is less than _______ GEL;
e. The product is damaged by the customer;
f. The product has traces of use;
g. The product is a hygienic item;
h. The product does not come with all accompanying parts and documents given at the time of purchase;
5.1.2. La Clinique failed to deliver service according to the agreement:
a. The product does not correspond to the order or it is different from the technical characteristics posted on the website;
b. The product is damaged;
c. La Clinique has not delivered purchased product per agreed time;
d. The product has a manufacturing defect
5.2. If you would like to return the product, it is necessary to submit a request within 14 days on delivery.
5.3. In Tbilisi the product will be returned within maximum ____ after submitting the request.
5.4. La Clinique representatives will contact you within maximum 24 hours after receiving the request to inform you about the return procedure.
5.5. In case of a manufacturing defect, you will be informed about decision of refund or replacement of the product within 5 working days.
5.6. If it is decided to refund the product you will get your money back within maximum 5 working days.
5.7. If it is decided not to refund the product, you will get your item back.
5.8. Money can be refunded only by non-cash payment, by crediting the customer to the card account with which the item was purchased.
5.9. The exceptions are _____ Products. Customers must inspect the quantity and quality of the product on the day they receive their order. If the quantity of the product received does not match the order placed, or if there are quality issues that reasonably raise suspicion, the customer must contact La Clinique by the end of the next calendar day following the receipt of the order. Customers should also provide photographic evidence of the defect, if possible, to facilitate reimbursement. La Clinique is not liable for any claims made by the customer after the specified period has elapsed.
6. TERMS AND CONDITIONS OF DELIVERY OF PURCHASED PRODUCTS
6.1. The user declares the consent that the courier company will deliver the product purchased.
6.2. In order to ensure a courier service, La Clinique transfers customer’s personal data to “courier company. This data includes customer’s name, last name, address and phone number.
6.3. La Clinique delivers the purchased product to the courier company courier company, which transports it to the address specified by the customer. La Clinique’s responsibility and obligation is fulfilled when the products are handed over to the courier company. From that moment risk of product loss and damage is fully transferred to the courier service company.
7. PROVISION OF SERVICES
7.1. Customers can receive the purchased product both on working and non-working days.
7.2. Products purchased in Tbilisi will be delivered _________;
7.3. Delivery service is free amounts to ____________.
8. PAYMENT
8.1. Payment can only be made by cashless method.
8.2. When placing an order, the user is redirected to the payment page where he/she fills out data of the bank card. After submitting this information order to make payment is being processed and confirmed by the bank.
8.3. La Clinique does not have access neither to the payment page nor to the bank card data specified by the user. If the payment is successful, notification with relevant information will be displayed on the screen.
8.4. If the payment is successful, notification with relevant information will be displayed on the screen.
8.5. After completing the payment procedure, the user receives an e-mail with confirmation that the order was placed successfully.
9. RESTRICTION TO USE ACCOUNT AND DEACTIVATION
9.1. If the terms stipulated by this document were violated by the user or registration was made using the false information, La Clinique reserves the right to restrict the user from accessing and using his/her account bases on the unilateral notification sent to the customer’s e-mail address. In case of receiving such notification, the user should contact the La Clinique team.
10. LIMITATION OF LIABILITY
10.1. La Clinique, to the best of its ability, ensures development of mechanisms for protecting website system, however, it is not responsible for any unauthorized access to data protected on the platform, damage caused by third parties and services offered by them.
10.2. By registering on the website, the user confirms that he/she is an individual with legal capacity who has reached the age of 18 and uses the website at his/her own free will and risk.
10.3. La Clinique is not responsible for the website or its services to be permanently available for users and does not guarantee the website to be free of software bugs, viruses and/or any other flaws.
10.4. La Clinique disclaims full responsibility for damage caused by negligence, as well as for cases when user credential becomes known to a third party.
10.5. La Clinique excludes both its and all its employee’s liability in case of culpable violation theses Terms and Conditions as well as applicable law by the user.
10.6. La Clinique is limited to the value of the disputed product in case court finds its liability.
10.7. The company disclaims full responsibility for any kind of damage and/or interruption in service that may be caused by the participation of third parties such as failure of internet providers, mobile telecommunication companies, etc.
11. RESTRECTIONS TO WEBSITE USE
11.1. Information on the website may be modified or removed without prior notice. La Cliniquewill not provide the user with the service that it is against the applicable law.
11.2. The user is prohibited from using the website for illegal purposes, including unauthorized access to La Clinique’s systems, inappropriate use of information available on the website or any other action that may directly or indirectly harm La Clinique’s interests protected by law.
12. MARKETING
12.1. By registering on the website the user agrees to subscribe to product and service updates, advertising and promotional materials. In case of consent, the user will receive newsletters, various offers and information via e-mail.
12.2. The customer can request to stop receiving any kind of marketing communication by sending an email to La Clinique at any time.
13. COPYRIGHT
13.1. La Clinique trademark is registered in Sakpatent – National Intelectual Center of Georgia and is the property of Aksesnet LLC
13.2. Any use of this trademark without La Clinique’s prior express written permission is strictly prohibited. The user is not allowed to use La Clinique’s trademark, graphics and photographs in connection with any product or service that may cause confusion. The user has no right to use above mentioned in such a way that may insult La Clinique or harm its reputation. In case of such violation, La Clinique reserves the right to take legal actions. The customer will be responsible to compensate material and non-material damage caused to La Clinique. Compensation costs may include legal fees and court costs.
13.3. By purchasing products on the website, no copyright is transferred to the user.
14. TERM AND TERMINATION
14.1. These Terms and Conditions of Use come into force upon acceptance by the user and remain in full force until the user’s account is deleted.
14.2. Validity of this document can be terminated in the cases stipulated by the legislation of Georgia and/or these Terms and Conditions, as well as at the discretion of the user at any time, after the full payment of any type of debt (if any) to La Clinique.
15. THIRD PARTIES
15.1. La Clinique disclaims all responsibility regarding other websites that may be displayed as an external link on the La Clinique website. The Terms and Conditions as well as Privacy Policy of other websites may differ from ours. La Clinique asks its users to read the Terms and Conditions and Privacy Policy of the website displayed as an external link.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1. These Terms and Conditions are governed by and defined following the applicable laws of Georgia.
16.2. The parties agree that in case of any dispute, they will try to resolve the disagreement through negotiation. If it is not possible to settle the dispute by the mean of negotiation, the parties have the right to go to Tbilisi City Court.
16.3. If any part of these Terms and Conditions is annulled, it does not affect the other part of the document.
17. CHANGES AND ADDITIONS
17.1. We reserve the right, in our sole discretion, to make changes and/or additions to this Terms and Conditions at any time and for any reason by posting them on our website and without prior consent of the users. Users will be notified about amendments by email or they will be published on our website. After the changes and additions, use of the website will be considered as consent to the changed terms.