GENERAL CONDITIONS OF SALE
JANTHRA SPA sells relaxation massages and wellness treatments (hereinafter referred to as “products”) available on its JANTHRA SPA website at retail to end-users or professionals in a reserved access.
Any order which clearly does not correspond to a retail sale and, more generally, any fraudulent or presumed order as such, will be considered by JANTHRA SPA, trademark of SAS JANTHRA SPA, as null and void. Before accepting orders from professional customers, JANTHRA SPA reserves the right to verify and validate the information attesting to their professional status (SIRET number, VAT number, etc.).
Article 1 – GENERALITES
The purpose of these General Conditions of Sale (hereinafter “GTC”) is, on the one hand, to inform any potential buyer of the terms and conditions under which the seller (hereinafter “the Seller”) carries out the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the parties in connection with the sale of JANTHRA SPA products to the consumer (hereinbefore and hereinafter “the Buyer”).
These General Terms and Conditions apply, without restriction or reservation, to all sales of the products offered by JANTHRA SPA on its website, regardless of the addresses www.janthra-spa.fr, www.janthraspa.fr, www.janthra-spa.com or www.janthraspa.com (hereinafter the «site» or «the website»). Consequently, the fact that the buyer orders a product offered for sale on the JANTHRA SPA website implies full acceptance of these General Terms and Conditions of Sale, of which the buyer acknowledges having read them beforehand. The Seller reserves the right to modify these General Conditions of Sale at any time.
Nevertheless, the Terms and Conditions applicable to the order are those accepted by the buyer at the time of placing the order.
Article 2 – COMPANY IDENTITY
Name: JANTHRA SPA SAS – Address: 5 rue Bernard Palissy – CP: 75006 – City: Paris – Country: FRANCE – Siret: 848 500 807 RCS Paris
Article 3 – CONTRACT AND ORDERS
The Seller offers on its website two possibilities to purchase products from the buyer.
a) Either products in the form of “gift vouchers” (characterized by the fact that they are not associated with a day and a booking schedule) which will be delivered to the Buyer either by mail or email in the conditions described below in the Terms and Conditions. These «gift vouchers» allow the Buyer to obtain the product from JANTHRA SPA (at the address indicated in article 2) against presentation of the «gift voucher» delivered. Unless otherwise specified, these «gift vouchers» are valid for 1 year, which means that the product must be requested by the Buyer and delivered by the Seller within 365 days of the purchase act. The Buyer’s request for the product must be made with one or more days’ notice to guarantee the availability of the product on the desired date.
b) Either products in the form of “reservations” which correspond to the delivery of a product by the Seller on a day and a time defined by the Buyer during the online purchase, and mentioned in the confirmation email of the reservation addressed to the Buyer. In the event that the booking made online by the Buyer provides for the option «payment on the spot», the Buyer will therefore be required to report to JANTHRA SPA at the address indicated in Article 2, on the day and at the time of the booking, and the Buyer will then be required to pay for the product on site, at the price agreed at the time of purchase (and mentioned in the confirmation email). In case the booking made online by the Buyer included the option «pre-payment by MERCANET», the Buyer will therefore be required to report to JANTHRA SPA at the address indicated in article 2, on the day and time of the booking, and the Buyer will then benefit from the product on site, on simple presentation of the confirmation email he will have previously received.
The selling prices of the products online on the JANTHRA SPA website, indicated in euros, are those in force at the time of placing the order by the buyer. The selling prices of the products can be changed at any time. Prices are applicable in the context of distance selling. These prices do not include applicable shipping costs, charged in addition to the price of the products purchased as displayed at the order. The shipping costs will be indicated before the registration of the order by the buyer.
3.2 Product Characteristics
The buyer can select one or more products offered on the JANTHRA SPA website. The Seller may modify at any time the products offered for sale on its website, in particular according to the constraints related to its suppliers or service providers, without prejudice to orders placed by the buyer. For any questions regarding the products and their use, any additional questions or requests for advice, the buyer can contact the JANTHRA SPA team by email at email@example.com.
The offers presented are valid as long as they are advertised on the site. Offers may be specific to online sales and not available on site, or vice versa. Unless otherwise specified, online offers and promotions are not cumulative (only one offer or promotion applicable at a time).
Any order constitutes acceptance of these General Conditions of Sale, Legal Notices and General Conditions of Use and of the “Personal Data & Cookies” charter, without prejudice to specific contractual conditions concluded between the Parties. From the moment the buyer confirms his order, he is considered to have knowingly accepted the content and the conditions of the order in question and in particular the present General Conditions of Sale, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the buyer. Upon receipt of the order, he may exercise his right of withdrawal under the conditions provided for in article 6 of these General Conditions of Sale. The sale will be final at the time of the order by the buyer. This order will be confirmed by the Seller by sending an email to the buyer. In addition, JANTHRA SPA reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of failure to payment or partial payment of any amount that would be due by the buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website, including in the case of previous orders.
“Gift voucher” type purchases may be cancelled and refunded by the Seller subject to cancellation requested by the Buyer without a delay of 30 days from the date of purchase, and provided that such cancellation is addressed to JANTHRA SPA by mail to the address indicated in Article 2, or by email to firstname.lastname@example.org. The Seller will then proceed to the full refund of the purchase value within one week from the receipt of the refund instructions communicated by the Buyer.
Purchases of the “reservation” type with the “on-site payment” option are, by definition, not subject to any refund by the Seller to the extent that there has been no pre-payment. However, the Seller asks the Buyer to make a “reservation” with the option “payment on site” to notify him with a minimum delay of 24 hours in case of cancellation, to allow the Seller to reorganize its booking schedule accordingly and thus limit the financial impacts. The Seller also reserves the right to refuse or cancel any new booking of a Buyer who has cancelled with a short notice of reservations several times.
Purchases of the “reservation” type with the “pre-payment by MERCANET” option may be cancelled by the Buyer and refunded by the Seller on condition that the Buyer informs the Seller of its cancellation with a minimum of 24 hours’ notice. Cancellation by the Buyer must be made either through the internet customer account (by clicking on cancel the appointment), or by email to email@example.com, or by SMS to 07.85.21.02.50. The time of dispatch of this cancellation will be deemed to be in relation to the contractual notice period previously mentioned. Under these conditions, and at the Buyer’s option, the Seller will either modify the booking window to a new day and schedule within 365 days of cancellation, or a full refund of the purchase within one week of receiving the refund instructions from the Buyer. In the event that the Buyer has not respected this 24-hour notice between the day and time of its cancellation in the conditions previously described, and the date and time of the appointment of its «reservation» which are mentioned in the confirmation email when purchasing the product, the amount paid at the time of booking will not be refunded to the Buyer by the Seller.
Finally, the Seller reserves the right to cancel any reservation that it would not be able to honour due to external circumstances beyond its control (technical incidents, personnel problems, closures imposed, etc.). Under these conditions, the Seller will inform the Buyer as soon as possible from the moment when he was aware of this impossibility to honour the reservation in question.
Article 4 – PAYMENT
4.1 Means of payment
The buyer guarantees to the Seller that he has the necessary authorizations to use the payment method he has chosen for his order, when registering the order.
Online payments are made net, without discount, by bank transfer, bank card, or any other additional means of payment that would be put in place by the seller, when placing the order.
4.2 Terms of Payment
All orders are payable in euros, including all taxes and compulsory contributions. In addition, the Seller reserves the right to suspend or cancel any order or delivery execution, whatever its nature and level of execution, in the event of a partial default of payment of any sum due by the Buyer, in the event of a payment incident, and or in the event of fraud or attempted fraud.
Article 5 – DELIVERY AND RECEIPT
5.1 General Rules
Products ordered by the Buyer in accordance with these Terms and Conditions and with the option to pay for delivery, will be delivered to the address indicated by the Buyer as the delivery address on the relevant order (“Delivery Address”).
The products ordered by the buyer in accordance with these Terms and without the option of a delivery, will be sent by email to the address indicated by the buyer, in the form of a Voucher to be printed by the buyer.
Whether delivered or sent by email, the products purchased on the JANTHRA SPA website in the form of Gift Vouchers must be presented to the JANTHRA SPA team to obtain the product in exchange at the premises of JANTHRA SPA, and in the constraints of availability of the company JANTHRA SPA. As such, it is strongly recommended that the buyer make an appointment prior to his visit to the premises of JANTHRA SPA to have the guarantee of the availability of reception of the JANTHRA SPA team on the day in question.
5.2 Defect, Damage, Damaged Package
In the case of a paid delivery option, the buyer, or the recipient of the order is asked to check the apparent state of the parcel and products upon delivery. In the event of an anomaly concerning the parcel (damaged parcel, open parcel, trace of liquid, etc.) or the product(s) ordered (missing product(s), damaged product(s)), the buyer or recipient of the order must inform the Seller; either by email at firstname.lastname@example.org or by mail to JANTHRA SPA – 5 rue Bernard Palissy – 75006 – Paris.
5.3 Delivery Times
DELIVERY IN FRANCE (METROPOLITAN) + MONACO:
The shipment is made by mail in 48H. The amount of the delivery costs are indicated to the buyer at the time of the order, before its validation.
In case of absence of the recipient of the product at the time of delivery, the modalities of recovery of the parcel are defined by the carrier and the buyer or recipient of the order must comply with them within the recovery period defined by the carrier. After this time, the parcel is returned to the sender. The return will be of the product will then be at the buyer’s expense.
DELIVERY IN EUROPEAN UNION AND USA:
Delivery outside metropolitan France and Monaco is not authorised by JANTHRA SPA.
Article 6 – RIGHTS AND TIME LIMITS
6.2 Withdrawal periods
Complaints must be made no later than 15 days after receipt of the product, regardless of whether it has been sent in a paperless manner by email, or whether it has been sent by post or through a carrier.
Where the 15-day period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
6.2 Return by parcel or mail
In the event that these claims result in a return of goods, this return must have been the subject of a prior agreement of JANTHRA SPA.
If the return is accepted the product must:
– be accompanied by an invoice or order confirmation;
– be in its original packaging which must be in impeccable condition;
– be properly packed to withstand the normal risks of transport.
Use the original packaging to return the affected product(s). – Send the package or registered mail with acknowledgement of receipt to JANTHRA SPA – 5 rue Bernard Palissy – 75006 – Paris – France
Article 7 – INSURANCE AND LIABILITY
The Seller is insured for all the usual risks of his activity and at the usual level of the profession.
Article 8 – PROPERTY RESERVE
The Seller is obliged to deliver the product only after the order placed by the buyer has been fully collected.
Article 9 – INFORMATION TECHNOLOGY AND FREEDOM
JANTHRA SPA collects personal data of the buyer as well as that of the recipient of the order.
The purposes, recipients and conditions under which JANTHRA SPA collects and processes personal data are presented in the «Personal Data and Cookies» policy of the site.
Article 10 – SPECIAL CONDITIONS
These general conditions of sale do not exclude the application of special conditions of sale.
Article 11 – LAW AND JURISDICTION
French law applies to the sales of JANTHRA SPA as well as to the related agreements to the exclusion of all other rights. Shall have sole jurisdiction in the event of any dispute of any kind, any dispute relating to these general conditions of sale, at the formation or execution of the order, the Commercial Court of Paris, France.