1. General Provisions
The following terms and conditions of sale (hereinafter referred to as “these Terms”) apply to the offer for sale and sale of products through the website of La’bolia Beauté i.e., www.laboliabeaute.com (“the Website”) and constitute a legally binding contract between La’bolia Beauté and the customer. By using the Website, the customer agrees to be bound by these Terms. The expressions “we”, “us” or “our” used in these Terms refers to La’bolia Beauté, a division of M/s Laborate Pharmaceuticals India Limited (“the Company”).
1.1 To be eligible to purchase products on the Website, customers must:
(a) Be at least 18 years of age or older, or in case of minors, be acting through a duly authorized
legal representative;
(b) Be competent to contract (as understood under the applicable laws);
(c) Be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession;
(d) Hold a valid payment instrument that is accepted on the Website if electronic payments are intended to be made, and
(e) Not previously suspended or disqualified for any other reason from purchasing products through the Website.
1.2. This contract shall be executed in English language and shall be governed by the applicable laws of India.
1.3. Before registering an account on the Website or before placing an order for a product through the Website, customers must read, understand and accept, without limitation or qualification, these Terms. Customers will be required to expressly accept these Terms by ticking the respective boxes during the ordering or account registration processes on the Website. The Customers may save or print these Terms, which are also available at all times on the Website.
1.4. These Terms may be modified by the Company at any time. The Terms applicable to an order shall be the ones published on the Website at the time the customer places an order.
1.5. To the extent permitted under applicable law, the placing of an order as detailed below shall be deemed consent and acceptance of the customer for the order and the amount due.
2. Products
2.1. The products listed on this Website are manufactured by or on behalf of Laborate Pharmaceuticals India Ltd. having its registered office at E-11, Industrial Area, Panipat, Haryana-132103. These products are marketed by Laborate’s Personal Care Division – Labolia Beauté. Further information and disclosures on products (including outsourced products) is available on the Website and is provided in accordance with the applicable laws.
2.2. The products described and/ or listed on the Website, and any samples thereof that may be provided to the customer, are for personal use and consumption only. Customers may not sell or resell any of these products or samples thereof. The Company reserves the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer, if it finds that the order placed has resulted in the violation of these Terms.
2.3. Product information may be updated or changed without prior notice. This may include adjustments to product descriptions, pricing, and availability based on changes in market conditions, production processes, or other relevant factors. We reserve the right to make improvements, modifications, or changes to the products we offer, and these changes may not be reflected immediately in the product descriptions or images
3. Prices
3.1. All products available on the Website are being sold at the MRP (Inclusive of GST) unless stated otherwise. Delivery charges, if any, are displayed to the customer prior to finalizing an order, shall be added to the price of the products and are indicated separately on the order form.
3.2. Whilst the prices displayed on the Website are regularly verified, we cannot guarantee the absence of errors. In the event that an error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
3.3. Prices of the products listed on the Website may be modified by the Company any time. Applicable prices shall be the ones published on the Website at the date and time of placing of an order by the customer.
4. Placing an Order
4.1. The customer can navigate freely on the Website without being bound to place an order. If the customer chooses to place an order for a product listed on the Website, the customer will be guided through the process of placing the order by a series of simple instructions on the Website.
4.2. The Customer may click “Add to cart” to place the selected product in the desired quantity in the “Shopping Cart”. The Customer may decide to continue shopping for other products and add them to their Shopping Cart or proceed to checkout by clicking the “Checkout” button. At any time during shopping on the Website, the customer may review the products in the Shopping Cart by clicking on the “View Cart” tab of each page. The Customer may alter the quantity of the products in their Shopping Cart by reducing or increasing the same through respective/ corresponding buttons indicated next to the chosen product on the “View Cart” page and then click on “Update Cart”.
4.3. Customer must follow the onscreen instructions to proceed through the checkout process on the Website. The customers place an order on the Website by clicking on the “Place Order and Pay” button at the end of the checkout process. Before placing the order on the Website, the customers can always correct any errors in the data they have entered, change the contents of the Shopping Cart by adding or removing one or more products from the Shopping Cart, or cancel the entire order. Before placing the order on the Website, the customers will have an opportunity to review and edit all the details for their order, including billing and shipping information. Before placing the order on the Website, the customers are required to acknowledge and declare that they have read and understood all the instructions provided during the checkout process and that they accept these Terms in entirety, through a confirmation action on the Website (for example, by ticking a box).
4.4. After an order has been placed by the customer, a confirmation page will be displayed on the screen. The customer will also receive an email confirming receipt of the order, a summary of the Terms and Conditions, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods of return, the address to which complaints may be addressed, information on support services and existing commercial warranties.
4.5. If the customer does not receive an order confirmation within 24 hours of placing an order, the customer may contact us through call at 18008430067 or may write to us at care@laboliabeaute.com for assistance.
4.6. If the customers have any questions or concerns while placing an order or if they wish to enquire about a previously placed order, they may contact us through call at 18008430067 or via email at care@laboliabeaute.com . For faster service, customers are encouraged to keep their order number readily available.
5. Payment Options
5.1. Customers may pay for the products listed on the Website by credit card/ debit card/ UPI/ Cash on Delivery (“COD”) or any other accepted mode of payment on the Website, as displayed on the Website including on the Order Checkout and Payment pages.
5.2. All credit card holders/debit card holders are subject to validation checks and authorization by the credit card issuer/ debit card issuer, including via a one-time password. If the issuer of the customer’s payment card refuses, or does not authorize, for any reason, payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery of the order placed through such mode of payment.
5.3. By placing an order on the Website, the customer expressly authorizes the performance of such payment card authorization and/ or authorization of individual purchase transactions. Further, the customer also authorizes the transmission, strictly for legitimate purposes and to the extent permitted under applicable regulations, of information about the customer to or from third parties, including but not limited to the customer’s payment card number and authentication of the customer’s identity.
5.4. The customer’s payment card will be charged the applicable purchase price at the time the customer places the order.
6. Delivery
6.1 The delivery’s dates indicated by Labolia Beauté are not binding for this latter. The parties agree that the dates indicated in the Order Confirmation shall not be considered as of the essence. The expiration of the delivery’s dates shall not entail automatically the Order’s revocation and the Client shall not be entitled automatically to claim any indemnification or penalty. Unless otherwise provided in writing in the Order Confirmation, the delivery shall be made according to the relevant commercial practice. Unless otherwise provided, Labolia Beauté shall have the right to request to the Client the acceptance of all the Products indicated in an Order with a sole delivery. It is agreed that any delay not attributable to Labolia Beauté shall not give to the Client the right to claim damages or cancel the Order.
6.2 To ensure timely and accurate delivery, it is your responsibility to provide a complete and accurate shipping address at the time of purchase. Labolia Beauté is not responsible for packages delivered to incorrect or incomplete addresses provided by the customer. If a package is returned to us due to an incorrect address, additional shipping charges may apply to resend the package.
7. Use of Website
Customers and other users may use this Website only for lawful purposes and in accordance with these Terms. All customers/ users of the Website will abide by all local, state, national and international laws and regulations applicable to the use of the Website (including laws regarding intellectual property). All customers/ users agree not to use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website. The Company shall not be responsible for any damages resulting from use of the Website by any customer/ user.
8. Intellectual Property
8.1 Customers/ users agree and understand that the intellectual property including, but not limited to, the trademarks or logos of the products, product packaging, service marks, or copyright in the graphics, layout, images, software, and contents of the Website are the sole property of the Company or its licensors. Nothing on the Website should be construed as granting any license or right to use of any intellectual property or information to any person/ entity, without the prior written permission of the Company.
8.2 Customers/ users agree that they shall not copy, reproduce, modify, duplicate, republish, re-sell or re-distribute any product manufactured, marketed and/ or distributed by the Company in whole or in part or in any other form whatsoever.
9. Disclaimer of Warranties
The contents on this Website are provided “as is” and without warranties of any kind, whether express or implied. The Company does not warrant that the Website or its contents will be error-free or uninterrupted. The Company shall have the exclusive right, at any time, to change or discontinue any aspect or feature of the Website. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/ inability to access or to use the Website.
10. Tranfer of Ownership
The Products shall remain property of Labolia Beauté until the full payment of the Products’ price. Until the full payment of the price, the Client shall take all the measure in order to (i) ensure that the Product shall be stored in good condition and can be recognized and identified as Labolia Beauté Products and cannot be confused with Products of other suppliers (ii) protect the Labolia Beauté rights on the Product (iii) inform Labolia Beauté regarding any third party claim in relation to the Products.
11. Privacy
We will protect all the data shared by the users in accordance with our Privacy Policies.
12. Prohibited Activities
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) For any unlawful purpose; (b) To solicit others to perform or participate in any unlawful acts; (c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To submit false or misleading information; (g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) To collect or track the personal information of others; (i) To spam, phish, pharm, pretext, spider, crawl, or scrape; (j) For any obscene or immoral purpose; or (k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Limitation of Liability
The Company shall not be liable in law or otherwise, for any breach of these Terms by any customers/ users. The Company shall not be liable to pay any damages, including but not limited to direct, indirect, incidental, punitive, or consequential damages, arising from the use of this Website by any customer/ user or for any customer’s/ user’s inability to use this Website or access its contents.
14. Applicable Law and Jurisdiction
14.1 These Terms are governed by and must be interpreted in accordance with the applicable laws of India.
14.2 Any disputes arising from the interpretation, validity and/or execution of these Terms shall be
subject to the jurisdiction of the competent courts in New Delhi, India.
15. Waiver of Class Action Rights
By accepting these Terms, customers/ users hereby irrevocably waive any right they may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with these Terms must be asserted individually.
16. Termination
16.1 The Company reserves the right to terminate a customer’s/ user’s access to the Website in its sole discretion, if it reasonably believes that the customer/ user has breached any of these Terms. Following termination, the customer/ user will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to the customer, cancel any outstanding order for products placed by such customer. If the customer/ user’s access to the Website is terminated, the Company reserves the right to exercise whatever legitimate means it deems necessary to prevent the unauthorized access of the Website by such customer/ user.
16.2 These Terms shall survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to the customer/ user, to terminate it.
17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
18. Modifications
18.1 These Terms are subject to change and shall be modified and/or updated from time to time by the Company. Customers are advised to check these Terms periodically as well as before placing any order on the Website.
19. Contact Us
19.1 In case of any complaint about an online purchase/ order, customers may contact our customer care at care@laboliabeaute.com or our Grievance Officer , Mr. Anand Kashyap at pcd@laborate.com
19.2 For any information and support on products and methods of purchase through the Website the customer may contact us by email to care@laboliabeaute.com. or call us at 18008430067.