Terms and Conditions of Sale

Article 1: Scope of Application

The present general terms and conditions of sale apply to all orders received by KYRENA/CELLUBLUE and are valid at the time the order is placed. The present terms and conditions of sale are subject to change at any moment without notice.

Article 2: Product availability

Our products are offered to you subject to stock availability. If the product you have ordered is only available with a delay and is within 30 days of the receipt of the order by our services, we will inform you immediately of the additional delivery period. If the item takes abnormally long or is impossible to restock, we will work to replace the ordered product with another which offers the same performance and is equal to or more than the value of the original item. If we cannot procure a replacement for you, we will cancel your order and the purchase amount will be credited into your account or reimbursed with a credit note if you so wish. For any questions regarding cancellation or an exchange, contact our customer services via our contact form.

Article 3: Orders 

Orders can be placed in the following way:

Online: www.cellublue.com

Every order made online is confirmed by KYRENA/CELLUBLUE via email if the customer has provided their email address. To better track the order, we recommend providing your email address when ordering.

Once the order is placed and the payment is verified, it is no longer possible to modify the order (neither the content nor the delivery address). By way of exception, the client must contact customer services to carry out these changes via the contact form.

If the shipment has already taken place or is in the process of taking place, KYRENA will not accept order amendments.

Article 4: Price 

The prices are displayed on our website in Euro (EUR), tax included. Prices displayed in another currency are for reference only. The items are charged at the VAT rates in effect at the time of placing the order.

We pay a part of the preparation, packaging and shipping fees for your package; That’s why we simply ask you for a flat-rate contribution to the delivery fees which is mentioned on the order form.

The displayed prices are subject to change at any time without warning. Nevertheless, the items will be billed at the price displayed when the order is made. If an order is placed outside of Metropolitan France, customs duties or other local taxes (VAT, customs duty, import duties, etc.) are likely to be payable. These duties are the sole responsibility of the customer and are their sole responsibility both in terms of declaration and payment to the appropriate authorities.

All orders are billed and payable solely in Euro (EUR) regardless of the origin of the order.

The products remain the property of KYRENA/CELLUBLUE until the price is paid in full, regardless of the product delivery date. Nevertheless, once the product is received, the burden of risk is transferred to you; Therefore, upon receipt of the product, it is your responsibility to ensure the proper care for the product.

Promotional offers and/or sales displayed on the website cannot be used in conjunction with discount codes which may have been provided to the customer.

Article 5: Payment

Payment of your purchases made on our website is made at the moment of your order by the credit card networks CB, E-CARTEBLEU, Maestro, Bancontact Mistercash, MasterCard, Visa, Visa Electron or bank transfer unless otherwise stated (trial offer, authorized credit). Payments via bank transfer should be made using SEPA credit transfer and only in EUR (€). All additional fees (exchange fees, or non-SEPA credit transfers) will not be accepted.

The order amount paid by credit card is cashed the day of shipment (only delivered products are charged). In the case of multi-item orders, KYRENA/CELLUBLUE may send the ordered products separately via post. In this case, you are only charged the delivery fees once, and the orders are cashed in their entirety the day the first item is shipped.

Contrary to popular belief, it is safer to give your credit card number online rather than over the phone or in-store! KYRENA/CELLUBLUE uses the SSL system (Secure Socket Layers): All your order information (including your name, address, credit card number and your control number) is encrypted so that the information you provide is protected when it is forwarded to our order processing centre. Your information will be kept private and will never be made public. The small padlock icon at the bottom of your browser window confirms that you are in Secure Mode.

Article 6: Delivery 

6.1. The items are delivered to the delivery address provided when ordering within a maximum of 30 days (although most orders in Metropolitan France are delivered under 2-3 working days). To optimize delivery, it is advised to provide an address where your order can be delivered during working hours.

6.2. Concerning deliveries outside of Metropolitan France, the items are imported into the destination country by and under the responsibility of the customer. It is their responsibility to take the necessary information to the concerned local authorities and to ensure that the specific importation formalities of these items into the territory of the destination country are followed to the letter. Any customs duties or local taxes are the sole responsibility of the client.

6.3. In the event of a dispute upon delivery (the package is damaged, already opened, etc.), any complaint must be sent to the company KYRENA/CELLUBLUE within 48 hours, in addition to any potential reservations made to the transporter under legal conditions. Subsequently, and subject to the verification of the accuracy of your complaints, you may benefit from the terms of exchange or refund stipulated below in article 7.

6.4. KYRENA/CELLUBLUE is not responsible if an error is made by the client when entering their delivery address, including any ensuing consequences (delivery is impossible, delivery is delayed, the package is returned).

Customers affected by the scenario explained above can contact customer services via the contact form.

KYRENA’s customer services may then propose two solutions to the customer:

- Pay the shipping fees again in order to reship the order after the address is changed and confirmed.

- Reimbursement of the amount including taxes of the entire order except shipping costs, upon the return of the item to our premises.

These solutions may also be considered if a product is returned due to an extended delivery period Under no circumstances will KYRENA accept responsibility for an address input error made by the customer, and KYRENA will not proceed with any reshipment free of charge.

Article 7: Returns possible within 14 days

7.1 Right of withdrawal If the product you have bought doesn’t satisfy you completely, you have a period of 14 days from receiving the product to exercise your right of withdrawal by informing KYRENA/CELLUBLUE of your decision by completing the withdrawal form (click here) or by any other unambiguous statement expressing your wish to withdraw via our contact form.

Therefore, you must return the product to us (unused) with the corresponding invoice (which can be printed online) exclusively by post, without any charges except return fees, at the latest within the 14 days following the communication of your decision to withdraw, in its original packaging.

KYRENA/CELLUBLUE agrees to reimburse all payments received from you, including delivery fees (except additional fees arising from the selection of a more expensive delivery method than the standard method proposed by us) without undue delay in the 14 days following the notification of your right to withdraw. KYRENA/CELLUBLUE may defer reimbursement until the return of their items or until receipt of proof of their return, the date chosen being whichever is earlier. Returns of cash-on-delivery are not accepted.

The right to withdraw is not valid in the cases referred to in L. 121 21 28 of the French Consumer Code; products which have been unsealed by the consumer after delivery and which therefore cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal.

Irrespective of the commercial warranty, KYRENA/CELLUBLUE remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the French Consumer Code and by that relating to defects of the product sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

. Article 1641 of the civil code: “The seller is required to guarantee against hidden defects of the thing sold which renders the item unfit for the use which it is intended for or to such an extent that the buyer would not have purchased the item, or would have paid less for it, had they been aware of such defects.”

. Article 1648-1 of the civil code: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years after the discovery of the defect.”

. Article L.211-4 of the French Consumer Code: “The seller must deliver goods which conform to the sales contract and is liable for any lack of conformity existing at the time of delivery. The seller is liable for any lack of conformity arising from the packaging, assembly instructions or installation when such conformity was covered by the contract or was performed under their responsibility.”

. Article L.211-5 of the French Consumer Code: To comply with the contract, the product must: 1 – Be fit for the usual expected use of a similar good and, where appropriate: - correspond to the description given by the seller and possess the qualities that they have presented to the buyer in the form of a sample or model;

- Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or their representative, particularly through advertising or labelling.

2 – Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.”

ï Article l.211-12 of the French Consumer Code: “Action resulting from defects in conformity lapses after two years from the delivery date of the good.”

Article 7.1: Exceptions & Downloadable Products

The right of withdrawal is invalid in the cases referred to in L 121 21 28 of the French Consumer Code: products which have been unsealed by the consumer after delivery and which therefore cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal.

More explicitly:

- We cannot take back suction cups, resistance bands, oil or massagers which have already been used by you or simply unsealed for obvious hygiene reasons.

- In the case of a digital product (e.g. Wonder Body Guide), the product is judged to be “unsealed” and therefore used as soon as it is downloaded and opened. Therefore, it is impossible to send back your guide, from its first consultation. Every download/consultation is recorded on our server and could be admissible in case of a dispute.

- Equally, this concerns foodstuffs, such as tea, which we cannot take back for sanitary reasons.

- No request to withdraw or cancel can occur for a gift card purchased on the CelluBlue online store in case it is used in full or partly before the expiration of the withdrawal period. After the withdrawal period, the card cannot be cancelled.

Article 8: Personal or private information 

KYRENA/CELLUBLUE treats all information concerning its clientele with the utmost confidentiality and doesn’t store any bank details.

Article 9: Exclusion of liability 

The titles or designations and images of the items presented on www.cellublue.com databases are entered according to information provided by the editors or suppliers. KYRENA/CELLUBLUE is not responsible for the content of the works and cannot be held liable by the client.

The proposed items are strictly in accordance with French legislation. KYRENA/CELLUBLUE does not accept any liability if the delivered item is not in accordance with the legislation of the country of delivery. KYRENA/CELLUBLUE does not take on responsibility if the contract is not fulfilled due to disrupted supply or unavailability of products, if the shipping services are on partial or total strike, nor in cases of force majeure, flooding, fire, etc.

KYRENA/CELLUBLUE cannot be held responsible for the content of websites you may be redirected to via hyperlinks, except when the company has been duly informed of the existence of illegal content in the eyes of the current legislation, and it has not acted promptly to remove it.

KYRENA/CELLUBLUE denies all liability for abnormal use of the ordered products. To this end, you will find all warnings and precautions to be taken for the usage of your product on the labelling and/or any instructions attached to the product. We recommend that you abide strictly by these precautions, including the use-by date on the product and storage precautions. Additionally, to benefit most from the product, carefully follow the manufacturer’s instructions. If you experience any adverse effects, stop using the product, keep hold of it for a possible investigation, consult a healthcare professional if necessary and report the symptom via our contact form. 

Article 10: Intellectual Property

10.1 – All text, comments, articles, illustrations, works, and images reproduced or represented on the products and websites of KYRENA/CELLUBLUE are strictly reserved under copyright and intellectual property across the world. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to differing or more restrictive provisions of intellectual property codes. Any reproduction or total or partial representation of the products and websites of KYRENA/CELLUBLUE or representation of all or some of the elements found on said products and websites of KYRENA/CELLUBLUE is strictly prohibited.

10.2 – Corporate names, trademarks and distinctive characteristics reproduced on the products and websites of KYRENA/CELLUBLUE are protected under trademark law. Reproduction or representation of all or part of any of the aforementioned features is strictly prohibited and must be subject to prior written authorization from the trademark owner.

10.3 – The violation of the rights of KYRENA/CELLUBLUE subjects the author to sanctions stipulated both by the Intellectual Property Code, particularly under copyright infringement (article L. 335-1 onwards), trademark rights (Article L. 716-1 onwards), and the Civil Code regarding civil liability (articles 9, 1382 and onwards).

Article 11: Disputes – law applicable to the relationship with the customer.  

In the case of disputes, the client will be able to make their complaints known to the Customer Services of KYRENA/CELLUBLUE in order to seek an amicable solution. In the absence of an amicable agreement between the Parties, the disputes are governed exclusively by French law.

Article 12 – Client agreement 

By clicking on the “Confirm” button – Order with an obligation of payment, the Client agrees to accept the order and the entirety of these terms and conditions of sale. The data recorded by KYRENA/CELLUBLUE may constitute proof of all transactions and financial transactions made by the customer.

Identification

KYRENA
Head office address: 231 rue Saint Honoré, 75001 PARIS, FRANCE

SARL with a capital of €10,000

Registered under the n° 49885064300012

Webhost

ILIONA
231 rue Saint Honoré
75001 PARIS
FRANCE

Ugo PARSI - Manager